A-33.3 - Act respecting the Autorité régionale de transport métropolitain

Updated to 19 April 2018

This document has official status.

chapter A-33.3

Act respecting the Autorité régionale de transport métropolitain

CHAPTER I ESTABLISHMENT

2016, c. 8, s. 3.

1. The “Autorité régionale de transport métropolitain” (Authority) is established. The Authority is a legal person established in the public interest.

The Authority may choose to refer to itself by another name or by an acronym by sending a copy of a resolution to that effect to the enterprise registrar.

2016, c. 8, s. 3.

2. The Authority’s property forms part of the municipal domain but the performance of its obligations may be levied against its property.

The Authority binds none but itself when it acts in its own name.

2016, c. 8, s. 3.

3. The Authority’s area of jurisdiction comprises the territories of the Communauté métropolitaine de Montréal, the Kahnawake Indian Reserve and Ville de Saint-Jérôme.

2016, c. 8, s. 3.

4. The Authority’s head office is located in the place it determines within its area of jurisdiction.

The Authority publishes a notice of the location and of any change in location of the head office in the Gazette officielle du Québec and, at the same time, posts it on its website.

2016, c. 8, s. 3.

CHAPTER II MISSION AND RESPONSIBILITIES

2016, c. 8, s. 3.

DIVISION I MISSION

2016, c. 8, s. 3.

5. In keeping with the principle of sustainable development and with efforts to reduce the carbon footprint, the Authority’s mission is to ensure, through modes of shared transportation, the mobility of persons in its area of jurisdiction, including mobility impaired persons.

To that end, the Authority plans, develops, supports and promotes shared transportation. It fosters the integration of services between the various modes of transportation and enhances the efficiency of traffic corridors.

The Authority collaborates closely with the Minister and the Communauté métropolitaine de Montréal in developing a comprehensive, integrated vision of mobility in its area of jurisdiction in order to, among other things, identify shared transportation needs.

For the purposes of this Act, the Réseau de transport métropolitain (Network), the Société de transport de Laval, the Société de transport de Longueuil and the Société de transport de Montréal are public transit authorities.

The jurisdiction in shared passenger transportation matters that is conferred by this Act on the Authority in its area of jurisdiction has precedence over any similar jurisdiction that a public transit authority or municipality, whose area of jurisdiction or territory is included in the Authority’s area of jurisdiction, may exercise under a general law or special Act.

2016, c. 8, s. 3.

6. The Authority must, in particular and taking into account the instructions it receives from the Minister to promote intermodality, shared transportation, and safe, accessible, equitable and efficient public transit,

(1)  determine the public transit it will make available to meet the needs of users, including mobility impaired users, through services provided to it by public transit authorities in their respective areas of jurisdiction;

(2)  coordinate shared transportation services, in particular bus services with subway and suburban train services, by taking measures designed to improve and integrate those services;

(3)  manage fare revenues from shared transportation services in a rigorous and transparent manner;

(4)  implement measures to foster traffic mobility in the metropolitan arterial system, disseminate information to users of shared transportation services and provide them with ticketing services, the latter through a single window that provides simplified access to all services in its area of jurisdiction;

(5)  study and plan the maintenance, improvement, replacement, addition or demolition of shared transportation equipment and infrastructures;

(6)  ensure that the equipment used by the public transit authorities to issue transit tickets and collect revenue is compatible with its integrated system;

(7)  promote shared transportation, active transportation and carpooling, in particular by establishing or encouraging incentives to foster the use of those modes of transportation;

(8)  study and implement measures promoting the electrification of shared transportation;

(8.1)  foster the coordination of shared transportation services and urbanization in its area of jurisdiction; and

(9)  exercise any other function conferred on it by the Government, the Minister or the Communauté métropolitaine de Montréal.

2016, c. 8, s. 3; 2017, c. 17, s. 48.

7. The Minister may, if he or she has reasonable grounds to believe that the public interest requires it in order, among other things, to ensure the mobility of persons, issue directives concerning the objectives and policy directions the Authority must pursue.

Such directives, which must be approved by the Government, come into force on the date they are approved. Once approved, they are binding on the Authority and must be complied with.

The Minister tables the directives in the National Assembly within 15 days after they are approved or, if the Assembly is not sitting, within 15 days after resumption.

2016, c. 8, s. 3.

DIVISION II CONTRACTUAL POWERS

2016, c. 8, s. 3.

8. The Authority enters into an agreement with every public transit authority stipulating the shared transportation services each must provide to the Authority in accordance with the public transit the Authority has determined it will make available to serve the transit authority’s area of jurisdiction.

The agreement must include

(1)  a detailed description of the services provided and the remuneration agreed on;

(2)  the performance and service quality objectives set by the Authority that the public transit authority must meet;

(3)  measures aimed at fostering and simplifying user access to the various shared transportation services; and

(4)  provisions allowing public transit authorities to implement innovations and initiatives to improve the efficiency, effectiveness and integration of services.

The Authority may also enter into an agreement

(1)  with the public transit authority of its choice in order to offer metropolitan rapid transit service;

(2)  with the Réseau de transport métropolitain in order to provide service in the territory of the Kahnawake Indian Reserve or service between at least one local municipality whose territory is included in the Network’s area of jurisdiction and places outside that area;

(3)  with any other operator of a shared transportation system in its area of jurisdiction.

For the purposes of subparagraph 1 of the third paragraph, “metropolitan rapid transit service” means a service provided in the territory of at least one local municipality whose territory is included in the chosen public transit authority’s area of jurisdiction and in the territory of at least one local municipality whose territory is included in another public transit authority’s area of jurisdiction.

2016, c. 8, s. 3; 2017, c. 17, s. 49.

9. The public transit authorities have all the powers necessary to enter into contracts with the Authority for the purposes of this Act.

2016, c. 8, s. 3.

10. The Authority may enter into an agreement with the Government or any of its departments or bodies, with any person, association or partnership, or with any Native community represented by its band council.

2016, c. 8, s. 3.

11. The Authority may not, without the Minister’s authorization, alienate property having a value greater than $25,000 for which it has specifically been awarded a grant.

2016, c. 8, s. 3.

12. The Authority may give any property having a value that does not exceed $10,000 to a charity.

2016, c. 8, s. 3.

13. Twice a year, the Authority publishes in a newspaper distributed in its area of jurisdiction and posts on its website a notice mentioning any property having a value greater than $10,000 that it alienated in the previous six months, the person to whom the property was alienated and the price of alienation.

2016, c. 8, s. 3.

14. Sections 92.1 to 108.2 of the Act respecting public transit authorities (chapter S-30.01) apply to the Authority, with the necessary modifications, and the Authority is deemed to be a public transit authority for the purposes of any regulation made under section 100 or 103.1 of that Act.

2016, c. 8, s. 3.

DIVISION III STRATEGIC SHARED TRANSPORTATION DEVELOPMENT PLAN

2016, c. 8, s. 3.

15. The Authority has exclusive jurisdiction to establish a strategic plan for the development of shared transportation in its area of jurisdiction, taking into account the metropolitan land use and development plan of the Communauté métropolitaine de Montréal and the land use planning and development plan of Municipalité régionale de comté de la Rivière-du-Nord with regard to the territory of Ville de Saint-Jérôme.

The strategic plan must set out a vision, for at least a 10-year period, for the development of shared transportation and, more generally, for the mobility of persons, including mobility impaired persons, and must specify the equipment, infrastructures and shared transportation services required.

In addition, the plan must specify

(1)  the context in which the Authority acts and the main challenges it faces;

(2)  the Authority’s objectives and strategic directions;

(3)  the results expected over the period covered by the plan and the actions required to achieve them, by field of jurisdiction;

(4)  the priorities and an implementation calendar for the actions to be carried out;

(5)  the terms governing the financing of the operating and capital expenditures required to carry out the proposed actions; and

(6)  the monitoring measures and performance indicators to be used to measure results.

The Community may give the Authority special instructions to hold public hearings in connection with establishing the plan or making any amendment to it.

The plan must be updated yearly and revised every five years.

2016, c. 8, s. 3.

16. Within 30 days after adopting its strategic plan or any amendment to it, the Authority sends it to the Communauté métropolitaine de Montréal for approval.

On receiving it, the Community makes it available to all the municipalities and the band council whose territories are referred to in section 3.

The Community may not approve the plan or any amendment to it before receiving, in accordance with section 17, the opinion of the Minister referred to in the first paragraph of that section attesting that the document submitted is consistent with government policy directions or, if an opinion is not received within the time prescribed in that section, before the expiry of that time.

2016, c. 8, s. 3.

17. The Authority sends its strategic plan, and any amendment to it, to the Minister designated under section 267 of the Act respecting land use planning and development (chapter A-19.1) for the purposes of the examination of the plan’s consistency with the government policy directions described in section 47.2 of that Act.

The Minister serves his or her opinion on the Authority and the Communauté métropolitaine de Montréal in accordance with section 234 of that Act and not later than the 120th day after receiving the document. To that end, the Minister consults the other ministers concerned, in accordance with section 267 of that Act; in addition, the Minister specifically consults the Minister of Transport on the document’s consistency with the government policy directions referred to in the first paragraph that concern transport in general and shared transportation and sustainable mobility in particular.

If the opinion of the Minister referred to in the first paragraph indicates that an element of the content of the document submitted is not consistent with government policy directions, the reasons must be given. The Authority must then replace the document with one that is consistent with those policy directions; the first and second paragraphs apply to such a document.

If the Minister referred to in the first paragraph does not serve an opinion within the time prescribed in the second paragraph, the document submitted is deemed to be consistent with government policy directions.

2016, c. 8, s. 3.

18. Once its strategic plan and any amendment to it have been approved by the Communauté métropolitaine de Montréal, the Authority sends them to the public transit authorities within 30 days. The Authority posts the plan or any amendment to it on its website.

2016, c. 8, s. 3.

19. The strategic plan creates no obligation as to the calendar and terms for implementing the equipment and infrastructures provided for in the plan.

2016, c. 8, s. 3.

DIVISION IV CAPITAL EXPENDITURES PROGRAM

2016, c. 8, s. 3.

20. Each year, the Authority files a shared transportation capital expenditures program for the next 10 years, in accordance with its strategic plan.

2016, c. 8, s. 3.

21. The program must be divided into annual phases and set out, for each phase, the object, amount and mode of financing of the capital expenditures the Authority plans to make or incur. If applicable, the plan also sets out, for each object, any financial assistance granted by the Government or by other contributors.

The program must also specify the capital expenditures that will have to be made beyond the period covered by the program, if such expenditures result from commitments made during that period.

The program must contain an asset maintenance plan that includes actions designed to foster the longevity of the assets and specifies the level of investments required to maintain them.

2016, c. 8, s. 3.

22. The Authority sends its capital expenditures program to the Communauté métropolitaine de Montréal, for approval, not later than 31 October preceding the beginning of the first fiscal year covered by the program, together with a copy of the capital expenditures programs of the public transit authorities.

On receiving them, the Community makes them available to all the municipalities and the band council whose territories are referred to in section 3.

2016, c. 8, s. 3.

23. The Authority may amend its capital expenditures program. Any amendment must be sent to the Communauté métropolitaine de Montréal, for approval, within 30 days after it is adopted.

On receiving it, the Community makes it available to all the municipalities and the band council whose territories are referred to in section 3.

2016, c. 8, s. 3.

24. The Authority sends its capital expenditures program or any amendments to the Minister once they have been approved by the Communauté métropolitaine de Montréal. The Minister must submit to the Conseil du trésor any amendment that affects public infrastructure investment planning.

The Authority posts the program or any amendment to it on its website.

2016, c. 8, s. 3.

DIVISION V SHARED TRANSPORTATION FARE STRUCTURE

2016, c. 8, s. 3.

25. The Authority has exclusive jurisdiction to establish, on the basis of the criteria it determines, the rate schedule applicable in its area of jurisdiction for shared transportation by, among other things, setting fares for transit tickets according to the type of ticket.

Those criteria include

(1)  the various modes of transportation used;

(2)  the rapidity and frequency of trips and the distance travelled;

(3)  the day and time of trips; and

(4)  the classes of users.

If the Authority intends to include, among its classes of users, a specific class for students 18 years of age or older, any person 18 years of age or older must be included in the class if he or she has student status as determined by the Authority.

2016, c. 8, s. 3.

26. In accordance with its financing policy adopted under section 72, the Authority adopts the rate schedule and sends it to the Communauté métropolitaine de Montréal and each public transit authority before 1 October each year. It does likewise whenever the schedule is modified in the course of the year.

The rate schedule comes into force on the following 1 January or, in the case of a modification, on the date determined by the Authority.

2016, c. 8, s. 3.

27. The Authority must post its fare prices on its website not later than 1 November each year. Any modification to them in the course of the year must be posted 60 days before it comes into force and not later than 60 days after the Authority makes its decision.

2016, c. 8, s. 3.

28. Every public transit authority must give the bearer of a transit ticket access to its public transit services in accordance with the indications on the ticket.

2016, c. 8, s. 3.

29. All revenues resulting from the issue of the Authority’s transit tickets and collected by a public transit authority must be remitted to the Authority at the intervals and on the terms determined by the Authority.

2016, c. 8, s. 3.

30. Each public transit authority must, within the time set by the Authority, use a system for issuing transit tickets and collecting revenues that has been approved by the Authority.

2016, c. 8, s. 3.

DIVISION VI METROPOLITAN ARTERIAL SYSTEM

2016, c. 8, s. 3.

31. The Authority designates, from among the public highways in its area of jurisdiction, the road corridors constituting the metropolitan arterial system.

The Authority must make a survey of the road network and, before making a decision under section 32, consult the Minister as well as the local municipalities and the public transit authorities concerned.

2016, c. 8, s. 3.

32. With regard to the road corridors constituting the metropolitan arterial system, the Authority may prescribe

(1)  preferential measures to facilitate bus traffic;

(2)  restrictions on heavy vehicle traffic;

(3)  measures to foster a metropolitan cycling and pedestrian network; and

(4)  the compatible uses to which the area near or along those road corridors may be put.

The Authority may also

(1)  designate lanes reserved for the exclusive use of certain classes of road vehicles, or of road vehicles carrying the minimum number of passengers specified by the Authority; and

(2)  with the approval of the person responsible for the maintenance of a public highway or, in the absence of such approval and if that person is not the Minister, of the Communauté métropolitaine de Montréal, signalize the reserved traffic lanes designated by the Authority and take any other steps to ensure their safe use.

The Authority may enter into any contract with the person responsible for the maintenance of a public highway that provides for compensation of all or part of the costs related to the decisions it has made with regard to the metropolitan arterial system.

All traffic signs and signals installed by the Authority are deemed to have been installed by the person responsible for the maintenance of a public highway under paragraph 4 of section 295 of the Highway Safety Code (chapter C-24.2).

2016, c. 8, s. 3.

33. To obtain the approval of the Communauté métropolitaine de Montréal under subparagraph 2 of the second paragraph of section 32, the Authority must file an application with the Community establishing that it has notified the person responsible for the maintenance of the public highway of its intention to establish a reserved traffic lane on that highway, that it has proposed entering into a contract with that person under the third paragraph of section 32 that provides for compensation of all or part of the costs of establishing, maintaining and operating that lane, and that the person either

(1)  contests the establishment of the reserved traffic lane;

(2)  contests the amount of money offered;

(3)  contests the classes of road vehicles for which the lane is reserved or the minimum number of passengers required for a road vehicle to be authorized to travel in the reserved lane; or

(4)  has failed to reply to the Authority within 90 days of the proposal.

The application must be filed with all necessary supporting documents.

The Community sends the application filed under this section and the supporting documents to the person responsible for the maintenance of the public highway concerned and notifies the person that he or she has 30 days to submit to the Community any reasons he or she may have to oppose the application.

2016, c. 8, s. 3.

34. The Communauté métropolitaine de Montréal must inform the Authority as soon as possible and within a period not exceeding 60 days of its decision with regard to the application referred to in section 33.

2016, c. 8, s. 3.

35. The Authority must prescribe minimum management standards for the metropolitan arterial system, as well as harmonization standards for the rules governing traffic signs and signals and traffic control, applicable in its area of jurisdiction, and must revise those standards every five years.

Before any decision is made under the first paragraph, the Authority must consult the municipalities and public transit authorities in whose territory or area of jurisdiction those standards apply.

For the purposes of this section,

(1)  “minimum management standards” means the standards that apply to such things as on-street parking, road network maintenance, activities relating to garbage and recyclable materials collection, roadway snow removal activities and activities required to lessen the impacts of roadwork; and

(2)  “harmonization standards for the rules governing traffic signs and signals and traffic control” means the standards that apply to such things as traffic light control, speed limit determination and supervision of traffic in the system and traffic movements.

2016, c. 8, s. 3.

36. Any decision made by the Authority under this division must be approved by the Communauté métropolitaine de Montréal unless the decision concerns a public highway whose maintenance is under the Minister’s responsibility. In the latter case, the Minister’s approval is required.

Any decision approved in accordance with the first paragraph has precedence over any decision made by a municipality or public transit authority.

2016, c. 8, s. 3.

37. The Authority must post a road map on its website showing the metropolitan arterial system and, more specifically, all designated or planned reserved traffic lanes in its area of jurisdiction.

2016, c. 8, s. 3.

DIVISION VII EQUIPMENT AND INFRASTRUCTURES OF METROPOLITAN SCOPE

2016, c. 8, s. 3.

38. The Authority may acquire or build shared transportation equipment and infrastructures that it designates as being of metropolitan scope.

2016, c. 8, s. 3.

39. The Authority may designate which equipment and infrastructures belonging to a local municipality or a public transit authority is of metropolitan scope.

Before doing so, the Authority must consult the Communauté métropolitaine de Montréal and the local municipality or public transit authority concerned.

2016, c. 8, s. 3.

40. The Authority must acquire the equipment and infrastructures it has designated in accordance with section 39. The acquisition contract must specify the date and terms of transfer of the property. Only the amount disbursed by the local municipality or the public transit authority, exclusive of any government assistance paid to finance the acquisition, may be reimbursed, compensated or otherwise borne by the Authority.

Despite the first paragraph, the local municipality or public transit authority continues to service any debt relating to the financing of the property of which ownership has been transferred to the Authority. The local municipality or public transit authority remains responsible for the commitments arising out of the securities it has issued and such securities continue to constitute direct and general obligations of the owner. The Authority reimburses the local municipality or public transit authority, in principal and interest, according to the owner’s debt service payment schedule.

In cases of disagreement, the Communauté métropolitaine de Montréal determines that equipment or infrastructures referred to in the first paragraph are to come under the management of the Authority on the date specified by the Community.

The Authority may perform all the acts and exercise all the rights of an owner with regard to property which it does not own but which is under its management. For those purposes, the Authority is vested with the necessary powers and assumes the related obligations.

2016, c. 8, s. 3.

41. The Authority may entrust, to a public transit authority, the operation of the equipment or infrastructures of metropolitan scope which it owns or whose management has been entrusted to it under the third paragraph of section 40.

2016, c. 8, s. 3.

42. For the purposes of this division, equipment and infrastructures used by more than one public transit authority or the users of more than one such authority, such as a terminal, bus shelter or park-and-ride facility, are among the things that may be designated as being of metropolitan scope.

2016, c. 8, s. 3.

DIVISION VIII SERVICE STATEMENT

2016, c. 8, s. 3.

43. The Authority posts a service statement on its website setting out its objectives with regard to the provision and quality of its services.

The statement must specify the time frame within which services must be provided and provide clear information on their nature and accessibility.

2016, c. 8, s. 3.

44. The Authority must

(1)  remain informed as to the expectations and level of satisfaction of users of shared transportation services, including mobility impaired users;

(2)  simplify service delivery rules and procedures to the greatest extent possible; and

(3)  encourage its employees to provide quality services and to collaborate in achieving the results targeted.

2016, c. 8, s. 3.

CHAPTER III ORGANIZATION AND OPERATION

2016, c. 8, s. 3.

45. The Authority’s board of directors is composed of 15 members, including the chair.

At least two-thirds of the board members, including the chair, must, in the opinion of the Government or the Communauté métropolitaine de Montréal, as applicable, qualify as independent directors within the meaning of section 4 of the Act respecting the governance of state-owned enterprises (chapter G-1.02). Sections 5 to 8 of that Act apply, with the necessary modifications.

2016, c. 8, s. 3.

46. After consulting with the Communauté métropolitaine de Montréal, the Government appoints the chair of the board for a term of up to five years. The chair may be reappointed twice to serve in that capacity.

2016, c. 8, s. 3.

47. The Government appoints six other independent members, taking into account, in particular, the expertise and experience profiles approved by the board.

After consulting Ville de Saint-Jérôme, the Communauté métropolitaine de Montréal appoints eight members, including at least three independent members. The appointment of the independent members must be made taking into account, in particular, the expertise and experience profiles approved by the board.

2016, c. 8, s. 3.

48. Board members other than the chair are appointed for a term of up to four years and may be reappointed twice to serve in that capacity.

2016, c. 8, s. 3.

49. The composition of the board must tend toward gender parity. The board must also be composed of members whose cultural identity reflects the various components of Québec society as much as possible.

2016, c. 8, s. 3.

50. The board members appointed by the Government are remunerated by the Authority on the conditions and to the extent determined by the Government. They are also entitled to be reimbursed for expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.

The board members appointed by the Communauté métropolitaine de Montréal are remunerated by the Authority on the conditions and to the extent determined by the Community. They are also entitled to be reimbursed for expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Community.

2016, c. 8, s. 3.

51. On the expiry of their term, board members remain in office until they are replaced or reappointed.

2016, c. 8, s. 3.

52. No person may exercise the functions of board member of the Authority concurrently with those of board member of the Réseau de transport métropolitain, the Société de transport de Laval, the Société de transport de Longueuil or the Société de transport de Montréal.

2016, c. 8, s. 3.

53. The chair of the board may not have a direct or indirect interest in a body, enterprise or association that places the chair’s personal interests in conflict with those of the Authority. If such an interest devolves to the chair, including by succession or gift, it must be renounced or disposed of with dispatch.

Subject to the third paragraph, any other board member who has a direct or indirect interest in a body, enterprise or association that places the member’s personal interests in conflict with those of the Authority must disclose it in writing to the chair of the board and abstain from participating in any discussion or decision involving that body, enterprise or association. The member must also withdraw from a meeting while the matter is discussed or voted on.

Sections 304 to 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2) apply, with the necessary modifications, to board members who are council members of a local municipality.

This section does not prevent a board member from expressing an opinion on general measures relating to conditions of employment within the Authority that would also apply to the board member.

2016, c. 8, s. 3.

54. A vacancy on the board of directors is filled in accordance with the rules of appointment to the board.

Absence from the number of board meetings determined by the Authority’s by-laws, in the cases and circumstances specified in those by-laws, constitutes a vacancy.

2016, c. 8, s. 3.

55. The term of a board member of the Authority who is also a council member of a local municipality ends as soon as he or she ceases to be a council member of that municipality.

2016, c. 8, s. 3.

56. The board must establish the following committees:

(1)  a governance, ethics and human resources committee;

(2)  an audit committee; and

(3)  a project monitoring committee.

These committees must be composed solely of independent members.

Sections 22 and 27 of the Act respecting the governance of state-owned enterprises (chapter G-1.02) apply to the governance, ethics and human resources committee. Sections 23 to 26 of that Act apply to the audit committee.

2016, c. 8, s. 3.

57. The functions of the project monitoring committee include verifying compliance with the contract management policy adopted by the Authority.

2016, c. 8, s. 3.

58. In addition to the committees listed in section 56, the board must establish a user services quality committee with regard to shared transportation services.

The functions of this committee include formulating, submitting to the board and following up on policy directions concerning the quality of user services. To that end, the committee must take into account the respective characteristics of the local municipalities whose territory is included in the Authority’s area of jurisdiction.

2016, c. 8, s. 3.

59. The Authority may make by-laws for its internal management. Such by-laws must be posted on the Authority’s website.

2016, c. 8, s. 3.

60. Board meetings are closed to the public. However, special meetings held to examine tenders in accordance with section 86 must be open to the public.

In addition, the board must hold a public meeting once a year to present the Authority’s activity report to the public. The board posts the place, date and time of the meeting on the Authority’s website at least 30 days before the meeting is held.

This public meeting includes a period during which the persons present may address oral questions to the board members. The board may, by by-law, prescribe how long this question period is to last, when it is to be held and the procedure for asking a question.

2016, c. 8, s. 3.

61. The quorum at board meetings is the majority of its members, including the chair or the person designated to replace the chair.

2016, c. 8, s. 3.

62. Each member present at a meeting has one vote and is required to vote, unless prevented from doing so under the second paragraph of section 53.

Board decisions are made by a majority vote of the members present. In the case of a tie vote, the person presiding at the meeting has a casting vote.

2016, c. 8, s. 3.

63. The minutes of board meetings, approved by the board and certified true by the chair or by any other person authorized to do so under the Authority’s by-laws, are authentic, as are the documents or copies of documents emanating from the Authority or forming part of its records, provided they are so certified.

2016, c. 8, s. 3.

64. No document binds the Authority or may be attributed to it unless it is signed by the chair of the board or, to the extent determined in the Authority’s by-laws, by a member of the Authority’s personnel.

The by-laws may allow a facsimile of the signature of a person referred to in the first paragraph to be affixed on the documents specified in the by-laws. Such a facsimile has the same force as the signature itself.

2016, c. 8, s. 3.

65. The Authority adopts a policy for examining and dealing with complaints about activities related to its mission.

2016, c. 8, s. 3.

CHAPTER IV HUMAN RESOURCES

2016, c. 8, s. 3.

66. The board designates a director general, a secretary and a treasurer from among the Authority’s employees.

2016, c. 8, s. 3.

67. The Authority’s employees are appointed in accordance with the staffing plan it establishes.

Subject to the provisions of a collective agreement, the Authority determines the standards and scales of remuneration, employee benefits and other conditions of employment of its employees in accordance with the conditions defined by the Communauté métropolitaine de Montréal.

2016, c. 8, s. 3.

68. The Authority establishes a mode of organization of human resources intended to promote

(1)  the Authority’s efficiency and the optimal utilization and development of its human resources;

(2)  the exercise of human resource management powers at the least possible hierarchical remove from the persons concerned, and the application of a system under which the person vested with such management powers is accountable for his or her acts, according to the means put at the person’s disposal;

(3)  equal opportunity for all citizens for employment with the Authority;

(4)  impartiality and fairness in decisions affecting employees;

(5)  the competence of persons in recruitment, promotion and evaluation matters; and

(6)  optimal contribution of the various components of Québec society.

2016, c. 8, s. 3.

69. The board approves the code of ethics and professional conduct applicable to its members and the Authority’s employees.

The Authority must post the code referred to in the first paragraph on its website.

2016, c. 8, s. 3.

70. If employees or board members of the Authority are sued by a third person for an act done in the exercise of their functions, the Authority assumes their defence and pays any damages awarded as compensation for the injury resulting from that act, unless they committed a gross fault or a personal fault separable from the exercise of their functions.

In penal or criminal proceedings, however, the Authority pays the defence costs of employees or board members being sued only if they were acquitted, or if it judges that they acted in good faith.

2016, c. 8, s. 3.

CHAPTER V FINANCIAL PROVISIONS

2016, c. 8, s. 3.

71. The Authority’s fiscal year ends on 31 December.

2016, c. 8, s. 3.

72. The Authority establishes and adopts a financing policy that includes

(1)  targets for financing from fare revenues, including terms governing the financing of any fare-related innovations and initiatives that the Authority determines on the basis of, among other things, the various proposals it receives;

(2)  terms governing contracting for the shared transportation services provided by the public transit authorities and the other shared transportation system operators;

(3)  mechanisms for reviewing sources of financing and for determining the allocation of the sums received by the Authority under paragraphs 1 to 7 of section 79;

(4)  terms governing the financing of its capital expenditures;

(5)  terms for establishing the financial contributions required under section 81;

(6)  if applicable, terms for establishing the financial contributions required under section 83 or 84;

(7)  if applicable, special terms governing the apportionment, among the local municipalities of the North Shore or among the local municipalities of the South Shore, within the meaning of the Act respecting the Réseau de transport métropolitain (chapter R-25.01), the total amount of the contributions that would be required from them, under section 81 or 83, based on the general terms determined under subparagraphs 5 and 6;

(8)  terms for establishing the financial contributions the Réseau de transport métropolitain may require under section 52 of the Act respecting the Réseau de transport métropolitain;

(9)  if applicable, terms governing the provision of a special fund that it establishes to finance the development and improvement of shared transportation services; and

(10)  if applicable, terms governing the transportation dues provided for in Chapter V.1.

The policy must take into account the respective characteristics of the territories of the local municipalities served and strive to serve those territories in an equitable manner.

2016, c. 8, s. 3; 2017, c. 17, s. 50.

73. Before establishing special terms under subparagraph 7 of the first paragraph of section 72, the Authority must consult the local municipalities concerned.

2016, c. 8, s. 3.

74. The Authority’s financing policy must be approved by the Communauté métropolitaine de Montréal. Before giving its approval, the Community must consult Ville de Saint-Jérôme.

2016, c. 8, s. 3.

75. The Authority adopts its budget estimates for each fiscal year.

The budget estimates, which must be consistent with the Authority’s financing policy, are sent to the Communauté métropolitaine de Montréal and the Minister not later than 15 November each year; at that time, the Authority posts them on its website.

2016, c. 8, s. 3.

76. The Authority’s budget estimates may not provide for expenditures exceeding its revenues.

2016, c. 8, s. 3.

77. The Authority must include as revenue in its budget estimates any surplus anticipated for the current year and any other surplus at its disposal.

It must also include, as expenditures, any deficit for the preceding year and any deficit anticipated for the current year.

2016, c. 8, s. 3.

78. The Authority may establish a special fund to finance the development and improvement of shared transportation services.

2016, c. 8, s. 3.

79. To finance its activities, the Authority receives

(1)  the revenues collected from sales of shared transportation tickets;

(2)  the other forms of remuneration for the goods and services it provides;

(3)  the share of the contribution of motorists to public transit, determined by a regulation made under section 88.6 of the Transport Act (chapter T-12);

(4)  the amount paid by the Minister of Revenue under section 55.2 of the Fuel Tax Act (chapter T-1);

(5)  the amount payable under section 80 by each local municipality whose territory is included in the Authority’s area of jurisdiction;

(6)  the amount of any vehicle registration tax collected by the Société de l’assurance automobile du Québec in accordance with section 96.1 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01);

(7)  any government assistance it may be granted;

(8)  the contribution required under section 81;

(9)  any contribution required under section 83 or 84; and

(10)  the transportation dues referred to in section 84.1.

2016, c. 8, s. 3; 2017, c. 17, s. 51.

80. The local municipalities whose territory is included in the Authority’s area of jurisdiction must pay an amount to the Authority that is equal to one cent per $100 of their standardized property value, within the meaning of section 261.1 of the Act respecting municipal taxation (chapter F-2.1), as established for the year of reference.

In that regard, the Authority may

(1)  identify the year of reference;

(2)  set the date on which the data used to provisionally or definitively establish the standardized property value are to be considered;

(3)  provide for the adjustments that may result from the successive use of provisional and definitive data; and

(4)  determine the terms of payment.

However, the amount referred to in the first paragraph may be established using another criterion determined by the Government or both such a criterion and the criterion provided for in the first paragraph.

2016, c. 8, s. 3.

81. The Authority finances all or part of the cost of any agreement entered into under section 8 through a contribution required, in accordance with the terms specified in its financing policy, from one or more local municipalities whose territory is included in the Authority’s area of jurisdiction.

The contribution required in the case of contracts related to metropolitan rapid transit services, suburban train services, subway services or any other mode of guided land transport services must be established on the basis of the proportion that the utilization of each service by the residents in the territory of each local municipality whose territory forms part of the area of jurisdiction of a public transit authority is of the utilization of the service by all the residents in the Authority’s area of jurisdiction. This contribution may also be apportioned separately by suburban train route, metropolitan rapid transit service or any other type of shared transportation service.

2016, c. 8, s. 3.

82. The sums referred to in subparagraphs 3, 4, 6, 7 and 10 of the first paragraph of section 79 that the Authority receives in the course of a fiscal year may not be used to reduce the total amount of the financial contributions payable under section 81.

The total amount of the financial contributions payable under section 81 may not be less than the amount paid for the 2016 fiscal year by all the local municipalities whose territory is included in the Authority’s area of jurisdiction. The total amount paid in that fiscal year constitutes the reference threshold and is adjusted by operation of law on 1 January of each year by a rate corresponding to the variation in the overall average Québec consumer price index without alcoholic beverages and tobacco products for the 12-month period that ended on 30 September of the year preceding the year for which the reference threshold is to be adjusted. The Authority posts the rate without delay on its website.

2016, c. 8, s. 3; 2017, c. 17, s. 52.

83. The Authority may finance all or part of the cost of its expenditures related to equipment or infrastructures designated as being of metropolitan scope through a contribution required, in accordance with the terms specified in its financing policy, from local municipalities whose territory is included in the Authority’s area of jurisdiction.

2016, c. 8, s. 3.

84. The Authority may finance all or part of the cost of its expenditures related to the operation and management of the reserved traffic lanes through a contribution required, in accordance with the terms specified in its financing policy, from public transit authorities that is proportionate to their utilization of those lanes.

2016, c. 8, s. 3.

84.1. The Authority may finance the cost of new shared transportation services resulting from agreements entered into under section 8 through transportation dues provided for in Chapter V.1, which dues are specific to each agreement.

The contributions required under sections 81, 83 and 84 may not be used to finance the cost of an agreement entered into under section 38 of the Act respecting the Réseau électrique métropolitain (chapter R-25.02).

2017, c. 17, s. 53.

85. The Authority may not contract loans unless authorized to do so by the Minister of Municipal Affairs, Regions and Land Occupancy and unless the interest rate and other conditions of the loans are authorized by the Minister of Finance.

However, the Authority may contract temporary loans without the authorizations required under the first paragraph.

2016, c. 8, s. 3; 2018, c. 8, s. 3.

86. If the Authority issues bonds, it must sell them by adjudication in accordance with section 554, except the fourth paragraph, of the Cities and Towns Act (chapter C-19) and sections 555 and 555.1 of that Act, unless the Minister of Finance authorizes it to sell them by agreement on the conditions the Minister of Finance considers appropriate.

If the Authority contracts a loan through an issue of notes, it may choose the lender using the adjudication procedure referred to in the first paragraph, with the necessary modifications.

The authorization of the Minister of Finance under the first paragraph of section 85 is not required when the Authority sells its bonds or chooses a lender by adjudication.

2016, c. 8, s. 3.

87. Divisions V, VI, VIII to X and XII of the Act respecting municipal debts and loans (chapter D-7) apply to the Authority. The treasurer, or another employee designated for that purpose by the board, must fulfil the obligations mentioned in section 24 of that Act.

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 or security issued by the Authority may be repaid or redeemed in advance, as the Authority sees fit, according to the terms of the contract or security. The date of advance repayment or redeem may be other than a date of payment of interest if the prior notice stipulated in the contract or security is given.

2016, c. 8, s. 3.

88. The securities issued by the Authority are investments that are presumed sound as if they were mentioned in paragraph 2 of article 1339 of the Civil Code.

The commitments included in the securities issued by the Authority constitute direct and general obligations of the Authority and of the local municipalities whose territory is included in the Authority’s area of jurisdiction and rank concurrently and pari passu with all other general obligations of the Authority and the municipalities.

2016, c. 8, s. 3.

89. (Repealed).

2016, c. 8, s. 3; 2018, c. 8, s. 4.

90. The Authority must obtain the authorization of the Minister of Municipal Affairs, Regions and Land Occupancy to become surety for an obligation of $100,000 or more.

2016, c. 8, s. 3.

91. No decision of the Authority and no report authorizing or recommending an expenditure has effect before the treasurer produces a certificate attesting that funds are available for the purposes for which the expenditure is to be used.

2016, c. 8, s. 3.

92. The local municipalities whose territory is included in the Authority’s area of jurisdiction are guarantors of the Authority’s obligations and commitments.

2016, c. 8, s. 3.

93. Every local municipality whose territory is included in the Authority’s area of jurisdiction may, for the purpose of paying the sums it owes to the Authority, impose a general or special tax based on the assessment of the taxable immovables in its territory.

2016, c. 8, s. 3.

94. If a contribution is required from a local municipality whose territory is included in that of an urban agglomeration, the contribution is claimed from the central municipality. In such a case, the payment by the central municipality of the contribution constitutes an expenditure incurred in the exercise of an urban agglomeration power for the purposes of the financing of the expenditure.

2016, c. 8, s. 3.

95. The local municipalities of the North Shore may enter into an agreement to divide among themselves, according to the formula and on the conditions stipulated in the agreement, the total amount of the contributions required from them, under section 81 or 83, by the Authority in accordance with its financing policy. This also applies to the local municipalities of the South Shore.

If only some of a shore’s local municipalities are served by a transportation service, they may enter into an agreement similar to that referred to in the first paragraph with regard to the total amount of contributions required from them for the service.

A copy of the agreement must be sent to the Authority not later than 30 September so that the Authority can apply the division formula stipulated in the agreement to the contributions payable for the following fiscal year, and set the individual contribution it must then claim from each local municipality. If the agreement is not sent, the terms and rules set out in the financing policy apply.

2016, c. 8, s. 3.

96. No mode of tariffing established by a municipality under sections 244.1 to 244.10 of the Act respecting municipal taxation (chapter F-2.1) with regard to its property, services and other activities may be levied against the Authority.

2016, c. 8, s. 3.

97. The Act respecting duties on transfers of immovables (chapter D-15.1) does not apply to transfers made to the Authority.

2016, c. 8, s. 3.

CHAPTER V.1 TRANSPORTATION DUES

2017, c. 17, s. 54.

97.1. The Authority must identify the zones in its area of jurisdiction that lend themselves to the coordination of urbanization and the shared transportation services it finances, even in part, through the imposition of transportation dues.

It must take into account the metropolitan land use and development plan of the Communauté métropolitaine de Montréal (Community) and the land use planning and development plan of Municipalité régionale de comté de la Rivière-du-Nord with respect to the territory of Ville de Saint-Jérôme.

2017, c. 17, s. 54.

97.2. The Authority may, by by-law, make subject to the payment of transportation dues any work exceeding $750,000 in value and carried out to

(1)  erect a building;

(2)  modify a building, including redeveloping or rebuilding it, or increasing its floor area; or

(3)  change the use of a building.

The dues correspond to the product obtained by multiplying the rate prescribed by the by-law by the floor area covered by the work, delimited according to the method prescribed by the by-law. The terms governing the dues must be consistent with those set out in the Authority’s financing policy.

Dues specific to an agreement entered into under section 8 cannot apply to a zone situated outside the public transit authority’s area of jurisdiction.

The following work may not be made subject to the payment of transportation dues:

(1)  work covering a floor area of less than 186 m2; and

(2)  work carried out on an immovable forming part of an agricultural operation described in section 36.2 of the Act respecting the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation (chapter M-14).

The amount of $750,000 set in the first paragraph is adjusted by operation of law on 1 January of each year by a rate corresponding to the variation in the overall average Québec consumer price index without alcoholic beverages and tobacco products for the 12-month period ending on 30 September of the year preceding the year for which the amount is to be adjusted.

The adjusted amount is rounded down to the nearest dollar if it includes a dollar fraction that is less than $0.50, or up to the nearest dollar if it includes a dollar fraction that is equal to or greater than $0.50. The application of this rounding rule may not decrease the amount below its pre-adjustment level.

The Minister publishes the adjusted amount in the Gazette officielle du Québec.

2017, c. 17, s. 54.

See notice of indexation; (2018) 150 G.O. 1, 224. (Effect from 1 January 2018).

97.3. A by-law made under the first paragraph of section 97.2 must

(1)  determine the zones within which work is subject to dues, which zones must correspond to those identified in accordance with section 97.1;

(2)  set the rate of the dues, which may vary according to

(a)  the distance between the work or buildings subject to the dues and a shared transportation service;

(b)  the classes of work and buildings prescribed by the by-law; and

(c)  the different zones and locations inside zones, in particular to promote densification and revitalization;

(3)  prescribe the method for delimiting the floor area covered by the work;

(4)  list the elements considered in determining the value of the work;

(5)  prescribe the terms and conditions governing the collection and reimbursement of dues; and

(6)  prescribe the terms and conditions governing the management of dues by the collecting municipalities.

Some of the work may be made subject to the payment of transportation dues even if it is carried out on an immovable only partly situated in a zone determined under subparagraph 1 of the first paragraph.

The rate set under subparagraph 2 of the first paragraph and the method prescribed under subparagraph 3 of that paragraph may vary according to criteria promoting sustainable land development. Such a rate may also be adjusted by operation of law according to the method prescribed by the by-law, if applicable.

A zone determined by a by-law made by the Authority under the first paragraph may not be made subject to more than one set of transportation dues; the first by-law that makes work inside that zone subject to such dues prevails over any of the Authority’s subsequent by-laws.

2017, c. 17, s. 54.

97.4. Before making a by-law under the first paragraph of section 97.2, the Authority must consult the Communauté métropolitaine de Montréal and Municipalité régionale de comté de la Rivière-du-Nord.

Such a by-law must be posted on the Authority’s website. It must also be published in a newspaper circulated in the Authority’s area of jurisdiction. It comes into force on the 15th day following its publication or on any later date specified in the by-law.

The Authority must, without delay, notify the local municipalities concerned of when the work becomes subject to the payment of transportation dues.

The Authority must also send those municipalities a copy of the by-law.

2017, c. 17, s. 54.

97.5. A by-law made under the first paragraph of section 97.2 may not be posted or published in accordance with section 97.4 or come into force unless it has been approved, with or without amendment, by the Minister.

The Minister may make a by-law referred to in the first paragraph of section 97.2 if the Authority fails to make such a by-law within the time specified by the Minister.

2017, c. 17, s. 54.

97.6. A local municipality must, on the Authority’s behalf, collect the transportation dues that the work carried out in its territory is subject to.

If the purpose of a project requiring a permit prescribed by a by-law adopted under section 119 of the Act respecting land use planning and development (chapter A-19.1) is to carry out work that is subject to the payment of the dues, the issue of the permit is conditional on that payment, as estimated by the issuing municipality on the basis of the information provided with the permit application.

The dues collected are reimbursed if the permit to which they are related is cancelled.

2017, c. 17, s. 54.

97.7. The Authority must make a by-law to require a permit for work that is subject to transportation dues if such work may be carried out without such a permit in a local municipality’s territory. In such cases, the municipality is responsible for issuing the permit.

The provisions of such a by-law requiring a permit and prescribing a permit issuing system that conflict with the provisions of a municipal by-law dealing with the same matters have no effect with respect to the territory where such a municipal by-law is in force.

2017, c. 17, s. 54.

97.8. A municipality that, under section 97.6, collects the dues provided for in section 97.2 may establish a tariff of fees for the issue of a permit relating to work that is subject to those dues, whether the permit is required under a by-law of the municipality or a by-law of the Authority.

The municipality may also prescribe which plans and documents must be submitted in support of the permit application in order to assess whether the work covered by the application is to be made subject to the dues, regardless of whether the permit is required under a by-law of the municipality or a by-law of the Authority.

2017, c. 17, s. 54.

97.9. The transportation dues collected by a local municipality are deemed to be held in trust for the Authority until they are remitted to it.

Such dues must be considered as forming a fund that is separate from the municipality’s patrimony and own property, whether or not they have actually been held separately from the municipality’s own funds and assets.

2017, c. 17, s. 54.

97.10. A local municipality must remit the transportation dues it collects to the Authority on the following dates:

(1)  1 June, in the case of dues collected from 1 January to 30 April;

(2)  1 November, in the case of dues collected from 1 May to 30 September; and

(3)  1 February, in the case of dues collected from 1 October to 31 December.

On the same dates and for the same periods, the municipality must send the Authority a report stating

(1)  the total number of permits issued with respect to work that is subject to transportation dues, for each zone concerned;

(2)  for each permit,

(a)  the address of the immovable concerned;

(b)  the type of work concerned; and

(c)  whether it is subject to dues; and

(3)  for each permit whose issue is conditional on the payment of the dues,

(a)  the floor area considered in determining the dues; and

(b)  the amount of dues collected.

2017, c. 17, s. 54.

97.11. The Authority must keep separate accounts for each specific set of dues it establishes.

2017, c. 17, s. 54.

97.12. No transportation dues are payable by

(1)  a public body within the meaning of the first paragraph of section 3 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1);

(2)  a childcare centre within the meaning of the Educational Childcare Act (chapter S-4.1.1);

(3)  a non-profit body or a solidarity cooperative that carries out work relating to an immovable that is or will be acquired, built or renovated under a program implemented under the Act respecting the Société d’habitation du Québec (chapter S-8) and for which an operating agreement is or will be in force, for the purposes specified in the agreement;

(4)  a mandatary of the State that is not referred to in subparagraph 1 or 2;

(5)  a community action body that receives financial assistance from a government department or body and that, as applicable,

(a)  is registered as such on the list available on the website of the Ministère de l’Emploi et de la Solidarité sociale; or

(b)  holds a certificate in that regard issued by the Minister of Employment and Social Solidarity in the 12 months before the body applied for a permit for the work; or

(6)  any other person designated by the Government.

However, a subsidiary of the Caisse de dépôt et placement du Québec is not, in its capacity as a mandatary of the State, exempted from paying the dues if it carries on a commercial activity other than building or operating a shared transportation system.

2017, c. 17, s. 54.

CHAPTER VI REPORTS AND AUDIT

2016, c. 8, s. 3.

98. At the end of the fiscal year, the Authority’s treasurer draws up the financial report for that fiscal year and certifies that it is accurate. The report must include the Authority’s financial statements and any other document or information required by the Minister of Municipal Affairs, Regions and Land Occupancy.

The treasurer must also produce any other document or information required by that minister.

That minister may prescribe any rule relating to the documents and information referred to in the first two paragraphs.

2016, c. 8, s. 3; 2017, c. 13, s. 19.

99. The Authority’s books and accounts must be audited each year by an auditor it designates. The auditor’s report must be attached to the Authority’s annual activity report.

The Authority’s books and accounts must also be audited by the Auditor General whenever the Government so orders.

2016, c. 8, s. 3.

100. The treasurer submits the financial report at a board meeting of the Authority.

2016, c. 8, s. 3.

101. Not later than 30 April each year, the Authority must submit its activity report for the preceding fiscal year to the Communauté métropolitaine de Montréal, the Minister and the Minister of Municipal Affairs, Regions and Land Occupancy.

The report must include

(1)  a summary of the following reports submitted to the board:

(a)  the report of the governance, ethics and human resources committee on its activities during the fiscal year, including a summary of its assessment of the performance of the board of directors;

(b)  the report of the audit committee on the discharge of its mandate and on the optimal resource utilization plan; and

(c)  the report of the project monitoring committee and the user services quality committee on the discharge of their mandate;

(2)  concerning the board members,

(a)  the dates of appointment and expiry of term of all board members, and the identity of those with independent member status;

(b)  the identity of any other board on which a board member sits;

(c)  a summary of the expertise and experience profile of each board member and a statement of the board members’ attendance at board and committee meetings; and

(d)  the code of ethics and rules of professional conduct applicable to board members;

(3)  concerning remuneration,

(a)  the remuneration and benefits paid to each board member;

(b)  the remuneration, including variable pay and other benefits, paid to each of the Authority’s five most highly remunerated officers; and

(c)  the fees paid to the external auditor;

(4)  the results obtained from the benchmarking measures adopted by the board; and

(5)  the Authority’s financial report for the fiscal year concerned.

At the same time, the Authority posts its activity report on its website.

2016, c. 8, s. 3.

101.1. If, after the transmission referred to in section 101, an error is found in the financial report, the treasurer may make the necessary correction. If the correction is required by the Minister of Municipal Affairs, Regions and Land Occupancy, the treasurer must make the correction as soon as possible. The treasurer must table any corrected report before the Authority’s board of directors and the Authority must send it to the Minister, the Minister of Municipal Affairs, Regions and Land Occupancy, and the Communauté métropolitaine de Montréal.

The first paragraph applies, with the necessary modifications, to the documents and information referred to in the second paragraph of section 98.

2017, c. 13, s. 20.

102. The Authority must provide the Communauté métropolitaine de Montréal, the Minister and the Minister of Municipal Affairs, Regions and Land Occupancy with any other information they require concerning its activities.

2016, c. 8, s. 3.

CHAPTER VII INSPECTION

2016, c. 8, s. 3.

103. The Authority generally or specially authorizes a person from among its employees, or from among the employees of a public transit authority or of a carrier under contract with it, to act as an inspector for the purposes of this Act and the by-laws made under section 106.

2016, c. 8, s. 3.

104. An inspector may require that any transportation ticket established by the Authority be produced for inspection.

2016, c. 8, s. 3.

105. An inspector must, on request, produce a certificate of authority.

2016, c. 8, s. 3.

CHAPTER VIII REGULATORY AND PENAL PROVISIONS

2016, c. 8, s. 3.

106. The Authority may, by by-law,

(1)  prescribe conditions regarding the possession and use of the transportation tickets it establishes;

(2)  prescribe standards of conduct to be observed by users of metropolitan equipment and infrastructures;

(3)  prescribe standards of safety and conduct to be observed by users of shared transportation services;

(4)  prohibit or regulate road vehicle parking and traffic on land or in a building it operates or owns; and

(5)  regulate the towing and impounding of vehicles parked in violation of a regulatory provision adopted under subparagraph 4, set the tariff of fees for towing, removal and impoundment, and prescribe who is to pay them.

A by-law made under the first paragraph may determine, among its provisions, those whose violation constitutes an offence entailing a fine in an amount that may, depending on the circumstances, be a set amount or vary between a minimum and a maximum amount.

For a first offence, the set amount or maximum amount may not exceed $500 if the offender is a natural person and $1,000 in all other cases. The amounts are doubled for a subsequent offence. The minimum amount may not be less than $25.

The by-law made under the first paragraph must be posted on the Authority’s website. It must also be published in a newspaper circulated in the Authority’s area of jurisdiction. It comes into force on the 15th day following its publication or on any later date specified in the by-law.

If a provision of a by-law made under subparagraph 3 of the first paragraph is incompatible with a provision of a by-law adopted by a public transit authority, the former prevails.

2016, c. 8, s. 3.

107. A by-law under section 106 applies even when a vehicle of the public transit authority or a carrier under contract with it is used to travel outside the Authority’s area of jurisdiction.

An inspector referred to in section 103 has jurisdiction for the purposes of the first paragraph.

2016, c. 8, s. 3.

108. Anyone who uses the Authority’s name, acronym, emblem or logo without authorization, or hinders or attempts to hinder in any way the exercise of an inspector’s functions, misleads an inspector through concealment or misrepresentation, refuses to hand over a document or information an inspector is entitled to require or examine, or conceals or destroys such a document is guilty of an offence and is liable to a fine of not less than $250 nor more than $500.

2016, c. 8, s. 3.

108.1. Anyone who refuses or fails to pay the transportation dues is guilty of an offence and liable to a fine prescribed by a by-law of the Authority.

2017, c. 17, s. 55.

108.2. The by-law made under the first paragraph of section 97.2 must prescribe the amount of the fine referred to in section 108.1, which amount must, in all cases, include the transportation dues and an additional amount that may vary according to those dues. For a first offence, the set or maximum additional amount may not exceed $5,000 in the case of a natural person and $10,000 in all other cases. The additional amounts are doubled for a subsequent offence. The minimum additional amount may not be less than $250.

2017, c. 17, s. 55.

109. The Authority may institute penal proceedings for an offence under this chapter.

2016, c. 8, s. 3.

110. Any municipal court having jurisdiction in the Authority’s area of jurisdiction has jurisdiction with regard to an offence under this chapter.

In the case of an offence committed outside the Authority’s area of jurisdiction, the municipal court having jurisdiction in the territory where the offence was committed has jurisdiction with regard to the offence.

2016, c. 8, s. 3.

111. The fine belongs to the Authority if the latter instituted the proceedings.

The costs relating to proceedings instituted before a municipal court belong to the municipality under the jurisdiction of that court, except the part of the costs remitted to another prosecuting party by the collector under article 345.2 of the Code of Penal Procedure (chapter C-25.1) and the costs remitted to the defendant or imposed on that municipality under article 223 of that Code.

2016, c. 8, s. 3.

CHAPTER IX TRANSITIONAL PROVISIONS

2016, c. 8, s. 3.

112. The Authority replaces the Agence métropolitaine de transport with regard to the functions conferred on the Authority by this Act, acquires the Agency’s rights and assumes its obligations.

Despite the first paragraph, the assets and liabilities of the Agence métropolitaine de transport related to the functions conferred on the Authority are transferred to the latter according to the value and on the conditions determined by the Government.

2016, c. 8, s. 3.

113. Subject to the second paragraph of section 41 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area (chapter O-7.3), the Authority also replaces the Communauté métropolitaine de Montréal, the Société de transport de Laval, the Société de transport de Longueuil and the Société de transport de Montréal with regard to the functions conferred on the Authority by this Act, acquires their rights and assumes their obligations.

2016, c. 8, s. 3.

114. The Authority becomes, without continuance of suit, a party to all proceedings to which the Agence métropolitaine de transport or a transit authority referred to in section 113 was a party and that relate to the functions conferred on the Authority.

2016, c. 8, s. 3.

115. Despite any provision to the contrary, expropriation proceedings in progress and begun by the Agence métropolitaine de transport or by the Minister on its behalf that relate to the functions conferred on the Authority by this Act are continued by the Minister on the Authority’s behalf.

This Act also entails the transfer, in favour of the Authority, of the benefit of any reserve established under section 75 of the Expropriation Act (chapter E-24) and held by the Agence métropolitaine de transport on 31 May 2017 in connection with the functions conferred on the Authority by this Act.

2016, c. 8, s. 3.

116. Rights concerning an immovable that have become the Authority’s rights under this Act are not required to be published in the land register.

However, with regard to an immovable, the Authority may, if it considers it advisable, publish a notice of the transfer or assignment, referring to this Act and containing the description of the immovable.

2016, c. 8, s. 3.

117. The Authority must offer bus transportation services and paratransit services to every local municipality whose territory is not included in its area of jurisdiction and which, on 31 May 2017, was a party to an agreement with another municipality for the establishment of an intermunicipal board of transport under section 2 of the Act respecting intermunicipal boards of transport in the area of Montréal (chapter C‑60.1) or for the provision of paratransit services in its territory. It must also offer such services to every regional county municipality which, on that date, is a party to an agreement for the establishment of a regional public transport board under section 18.13 of that Act.

The amount required by the Authority for the provision of such services must be equitable for the municipality given the costs of the agreements the Authority enters into under section 8.

Local municipalities that were a party to an agreement referred to in the first paragraph may enter into an agreement by which they agree to divide among themselves, according to the formula and on the conditions stipulated in the agreement, the total amount of the contributions required from them for the financing of the services provided for in the first paragraph. The same applies to regional county municipalities that were a party to an agreement for the establishment of a regional public transport board.

The obligation imposed on the Authority under the first paragraph ceases on a decision by the municipality to organize its own public transportation services.

2016, c. 8, s. 3.

118. The term of the members of the board of directors of the Agence métropolitaine de transport ends on 31 May 2017.

2016, c. 8, s. 3.

119. The term of the chairman and director general of the Agence métropolitaine de transport ends on 31 May 2017 without compensation other than the allowance provided for in his instrument of appointment.

2016, c. 8, s. 3.

120. The personnel members of the Agence métropolitaine de transport and of the transit authorities referred to in section 113 who are assigned to functions related to those conferred on the Authority and who are identified by the chair of the transition committee designated under the second paragraph of section 6 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area (chapter O-7.3) become, without further formality, employees of the Authority.

2016, c. 8, s. 3.

121. For labour relations purposes, this Act entails the transfer of part of the operation of an undertaking within the meaning of sections 45 and 45.2 of the Labour Code (chapter C-27).

The employer and the certified associations must, before 1 October 2017, agree on the application of those sections, in particular as regards the description of bargaining units, the association designated to represent the employees of a bargaining unit and the collective agreement applicable to the employees of a bargaining unit, and any modifications or adaptations to be made to that agreement.

Only the associations representing the employees of a bargaining unit are responsible for participating in the agreement aimed at determining the association that will represent those employees.

2016, c. 8, s. 3.

122. On the expiry of the time limit prescribed in the second paragraph of section 121, the employer refers to the Administrative Labour Tribunal the matters on which there has been agreement and any difficulties yet to be settled to allow the Tribunal to exercise its powers under section 46 of the Labour Code (chapter C-27).

The Tribunal is not bound by the identification of difficulties to be settled. It must render its decision not later than 1 February 2018.

2016, c. 8, s. 3.

123. No notice of negotiation required under section 52 of the Labour Code (chapter C-27) may be given before the date of the Administrative Labour Tribunal’s decision under section 122. Despite any contrary provision of the Labour Code, the right to strike or to a lock-out is only acquired 30 days after the Tribunal renders its decision or, if a notice of negotiation is given under section 52.1 of that Code before the expiry of that time, within 30 days following the notice.

No certification may be applied for before the Tribunal renders its decision by an association that, on 31 May 2017, is not certified to represent the employees referred to in section 120. The time limits prescribed in paragraphs b.1 to c of section 22 of the Labour Code must be calculated from the date of that decision.

2016, c. 8, s. 3.

124. Despite section 66, the chair of the transition committee designated under the second paragraph of section 6 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area (chapter O-7.3) becomes the director general of the Authority.

That person acts as director general until 31 May 2019, unless the Minister decides otherwise, and, after that date, until a director general is appointed in accordance with that Act. For those functions, the person receives the remuneration and allowances determined by the Authority’s board of directors.

2016, c. 8, s. 3.

125. The metropolitan arterial system identified by the Communauté métropolitaine de Montréal and the metropolitan bus transit system established by the Agence métropolitaine de transport become the metropolitan arterial system of the Authority deemed to have been identified in accordance with section 31.

The traffic lanes designated in the metropolitan bus transit system are also deemed to have been designated by the Authority in accordance with Division VI of Chapter II.

2016, c. 8, s. 3.

126. The equipment and infrastructures designated by the Government as being required for the metropolitan transit system of the Agence métropolitaine de transport are deemed to have been designated by the Authority as being of metropolitan scope under section 39 and the Communauté métropolitaine de Montréal is deemed to have entrusted the Authority with their management in accordance with that section, unless the Government decides otherwise.

2016, c. 8, s. 3.

127. The By-law concerning standards of conduct on the suburban train system (chapter A-7.02, r. 1) is deemed to have been adopted by the Authority, with the necessary modifications, under section 106.

2016, c. 8, s. 3.

128. The Authority must, not later than 1 December 2017, adopt the code of ethics and professional conduct applicable to its board members and employees.

2016, c. 8, s. 3.

129. The transit tickets and fares established by the public transit operating authorities referred to in section 5 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area (chapter O-7.3) continue to apply until the rate schedule established by the Authority in accordance with section 25 comes into force.

2016, c. 8, s. 3.

130. Despite any provision to the contrary, the “SRB-voie réservée Pie IX Montréal” project mentioned in the schedule to the Règlement édictant des mesures transitoires nécessaires à l’application de la Loi sur les infrastructures publiques, enacted by Order in Council 281-2014 (2014, G.O. 2, 1317, French only), which has become the Authority’s project under this Act, continues in accordance with the directive concerning the management of major public infrastructure projects, approved by Order in Council 96-2014 (2014, G.O. 2, 892, French only), and its amendments.

2016, c. 8, s. 3.

130.1. The Authority may not, before 1 January 2021, make work subject to the payment of transportation dues other than the dues charged specifically to finance the agreements provided for in sections 38 and 39 of the Act respecting the Réseau électrique métropolitain (chapter R-25.02).

2017, c. 17, s. 56.

CHAPTER X MISCELLANEOUS AND FINAL PROVISIONS

2016, c. 8, s. 3.

131. The Authority 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).

2016, c. 8, s. 3.

132. In the event of the dissolution of the Authority, all its assets devolve to the Communauté métropolitaine de Montréal.

2016, c. 8, s. 3.

133. The Minister must, not later than five years after this Act comes into force and subsequently at least once every five years, report to the Government on the carrying out of this Act. The report must include recommendations concerning the updating of the Authority’s mission and the composition of its board of directors.

The report must contain an assessment of the effectiveness and performance of the Authority which includes benchmarking measures.

The Minister tables the report in the National Assembly.

2016, c. 8, s. 3.

134. The Minister of Transport is responsible for the administration of this Act, except sections 85 to 90, which come under the responsibility of the Minister of Municipal Affairs, Regions and Land Occupancy.

2016, c. 8, s. 3.