C-11.2 - Charter of Ville de Lévis

Updated to 20 December 2001

This document has official status.

chapter C-11.2

Charter of Ville de Lévis

CHAPTER I CONSTITUTION OF THE MUNICIPALITY

7. The officers and employees 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 Municipalité régionale de comté de Desjardins and of Municipalité régionale de comté des Chutes-de-la-Chaudière who, on 31 December 2001 exercise their functions within the scope of the jurisdiction of the regional county municipality as regards land use planning, may be reassigned to the Communauté métropolitaine de Québec 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 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. V, s. 7.

9. The Government may, by order, from among the special legislative provisions that govern 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 a remedy for any omission for the purpose of ensuring the application of this Act; and

(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.

An order under the first paragraph may, however, derogate from section 8 only to allow for the sharing, to the extent fixed in the order, of the debts incurred by a municipality after 20 December 2000 in connection with the carrying out of an economic development project.

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. V, s. 9.

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 three boroughs described in Schedule B.

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

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

DIVISION II CITY COUNCIL AND BOROUGH COUNCILS

§ 1 . — City council

13. The city council is composed of the mayor and 15 councillors.

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

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

2000, c. 56, Sch. V, s. 14.

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

2000, c. 56, Sch. V, s. 15; 2001, c. 25, s. 442.

§ 2 . — Borough council

16. A borough council is made up of the councillors who represent the borough on the city council.

2000, c. 56, Sch. V, s. 16.

17. The borough council shall designate a borough chair from among its members.

2000, c. 56, Sch. V, s. 17.

18. If the members of a borough council are unable to designate the 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 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 councillor in effect at the time of the designation.

2000, c. 56, Sch. V, s. 18.

DIVISION IV PROVISIONS CONCERNING ELECTIONS

35. 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 election of mayor of the city and of every city councillor.

2000, c. 56, Sch. V, s. 35; 2001, c. 25, s. 446.

36. Every borough shall be divided into districts. There must be one district per councillor.

2000, c. 56, Sch. V, s. 36.

37. 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. V, s. 37.

38. 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. V, s. 38.

39. 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.

2000, c. 56, Sch. V, s. 39.

69.2. The borough council shall obtain the authorization of the city council before giving a grant to a non-profit organization that is suing the city.

The city may claim from a non-profit organization all or part of a grant used for a purpose other that the purpose for which it was given by the city council or a borough council.

O.C. 1311-2001, s. 4.

100.2. Where, under any provision of this Division, the revenues of the city or 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 must be considered.

Notwithstanding the foregoing, where a statement comparing the revenues provided for in the budget of the given fiscal year and those which, according to a later forecast, will be the revenues of the fiscal year which shall be considered 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. 1311-2001, s. 7.

CHAPTER V EFFECTS OF AN AMALGAMATION ON LABOUR RELATIONS

103. 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 12

(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;

(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 a labour commissioner under sections 176.5 and 176.9 shall not operate to define the bargaining units with reference to one or more boroughs;

(4)  the labour commissioner’s decision must, in the cases provided for in sections 176.5 and 176.9, be rendered no later than 27 October 2001;

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

(6)  1 May 2001 is the reference date for the purposes of the second paragraph of section 176.5;

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

(8)  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;

(9)  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;

(10)  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;

(11)  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

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

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

CHAPTER VI TRANSITION COMMITTEE

DIVISION I COMPOSITION AND ORGANIZATION OF THE TRANSITION COMMITTEE

104. 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 seven.

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

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

105. 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 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. V, s. 105.

106. 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. V, s. 106; 2001, c. 25, s. 464.

107. 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. V, s. 107; 2001, c. 25, s. 465.

108. 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. V, s. 108.

109. 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. V, s. 109.

110. 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. V, s. 110.

111. 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. V, s. 111.

112. 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. V, s. 112.

113. 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. V, s. 113; 2001, c. 25, s. 466.

114. 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. V, s. 114.

115. Unless otherwise provided in an order of the Government made under section 9, the mandate of the transition committee ends on 1 January 2002. The committee shall then be dissolved and its assets and liabilities transferred to the city.

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

DIVISION II MISSION OF THE TRANSITION COMMITTEE

116. The mission of the transition committee is to participate, together with the administrators and employees of the municipalities referred to in section 5 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. V, s. 116.

DIVISION III OPERATION, POWERS AND RESPONSIBILITIES OF THE TRANSITION COMMITTEE

§ 1 . — Operation and powers of the committee

117. 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. V, s. 117.

118. Subject to the second paragraph of section 124, 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. V, s. 118.

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

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

120. 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. V, s. 120.

121. 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. V, s. 121.

122. The transition committee may require any municipality referred to in section 5 or a body thereof to furnish information, records or documents belonging to the municipality 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. V, s. 122; 2001, c. 25, s. 467.

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

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

124. Sections 122 and 123 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 122 and 123.

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

125. 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 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 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. V, s. 125; 2001, c. 25, s. 468.

126. Every member of the council and every officer or employee of a municipality referred to in section 5 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. V, s. 126; 2001, c. 25, s. 469.

§ 2 . — Responsibilities of the committee

127. 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 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 inform the transition committee of its opinion on any matter relating 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. V, s. 127.

128. Every decision by which 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 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. V, s. 128; 2001, c. 25, s. 470.

129. 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. V, s. 129.

130. 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. V, s. 130; 2001, c. 25, s. 471.

131. 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. V, s. 131; 2001, c. 25, s. 472.

132. 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 on the procedure for the reassignment of those employees as members of the personnel of the city 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. V, s. 132.

133. If an agreement has not been reached on all the matters referred to in the first and second paragraphs of section 132 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) apply, 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. V, s. 133; 2001, c. 25, s. 473.

134. Subject to section 103, 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 labour commissioner under sections 176.5 and 176.9 of that Act also binds the city.

2000, c. 56, Sch. V, s. 134.

135. The transition committee shall also prepare any plan for the reassignment of the officers and employees of the municipalities referred to in section 5 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. V, s. 135.

136. 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. V, s. 136; 2001, c. 25, s. 474.

136.1. 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, make with any such officer or employee any agreement necessary to the implementation of the program.

2001, c. 68, s. 205.

137. (Repealed).

2000, c. 56, Sch. V, s. 137; 2001, c. 25, s. 475.

138. 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. V, s. 138; 2001, c. 25, s. 476.

139. The transition committee shall, within the scope of its mandate, make an inventory of the economic development bodies that have their head office or a business establishment in the territory referred to in section 3. The committee’s study shall concern in particular the mission or mandate of every such body. The committee may make any recommendation in that respect to the Minister.

2000, c. 56, Sch. V, s. 139.

140. 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. V, s. 140.

141. 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. V, s. 141.

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

2000, c. 56, Sch. V, s. 142.

CHAPTER VII TRANSITIONAL AND FINAL PROVISIONS

143. The polling for the first general election in Ville de Lévis 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. V, s. 143.

144. 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. V, s. 144.

145. 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 Lévis, and hold both offices simultaneously.

2000, c. 56, Sch. V, s. 145; 2001, c. 25, s. 477.

146. 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 determines the place, date and time of the first meeting of any borough council. If the meeting is not held, the mayor fixes another meeting.

2000, c. 56, Sch. V, s. 146; 2001, c. 25, s. 478; O.C. 1311-2001, s. 13.

146.1. Any person, appointed by the transition committee or integrated as an employee of the city in a position comprising the exercise of duties necessary to the holding of a meeting of the municipal council or of a borough council, to the decision making by such a council or the carrying out of an act such a council may perform before the date of constitution of the city, is deemed, relatively to the necessary duties exercised before the constitution of the city, to act in the performance of his duties.

O.C. 1311-2001, s. 14.

147. The council adopts, 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 secretary-treasurer 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), section 176.4 of the Municipal Code of Québec (chapter C-27.1) 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 that section 105.4.

2000, c. 56, Sch. V, s. 147; 2001, c. 25, s. 479; O.C. 1311-2001, s. 15.

147.1. 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. However, for the purposes of the pension plan established under the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3), only the part of the remuneration received from the municipality that has adhered to that pension plan in respect of the elected officer may be considered as pensionable salary.

2001, c. 25, s. 480.

149. Subject to any provision of an order of the Government made under section 9, 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. V, s. 149; 2001, c. 25, s. 482.

SCHEDULE A

(section 3)

DESCRIPTION OF THE TERRITORIAL LIMITS OF VILLE DE LÉVIS

The territory of the former Municipalité de Pintendre, the former Paroisse de Saint-Joseph-de-la-Pointe-de-Lévy and the former Ville de Lévis and an unorganized territory, the former Municipalité de Saint-Étienne-de-Lauzon, the former Paroisse de Sainte-Hélène-de-Breakeyville and the former cities or towns of Charny, Saint-Jean-Chrysostome, Saint-Nicolas, Saint-Rédempteur and Saint-Romuald and an unorganized territory comprising part of the bed of the St. Lawrence River and, with reference to the cadastres of the parishes of Notre-Dame-de-la-Victoire, Saint-David-de-L’Auberivière, Saint-Étienne-de-Lauzon, Saint-Henri-de-Lauzon, Saint-Jean-Chrysostome, Saint-Joseph, Saint-Nicolas, Saint-Romuald-d’Etchemin and Saint-Télesphore, the villages of Bienville, Lauzon and Lauzon (eastern part) and Ville de Lévis (Lauzon, Notre-Dame and Saint-Laurent wards), the lots or parts of lots, the blocks or parts of blocks and their present and future subdivisions and the roads, highways, streets, railway rights of way, islands, lakes, watercourses or parts thereof, the whole within the limits hereinafter described, to wit : starting from the meeting point of the line running midway between the right shore of the St. Lawrence River and the southwest shore of L’Île d’Orléans (Grands Voiliers channel) with the extension to the northwest of the northeast line of lot 1-5 of the cadastre of the parish of Saint-Joseph ; thence, successively, the following lines and demarcations : southeasterly, successively, the said extension and the northeast line of lots 1-5, 1-4, 1-1, 203, 448 and 447 of the cadastre of the parish of Saint-Joseph, that line crossing highway 132, the Jean-Lesage autoroute and Saint-Roch and Ville-Marie roads which it meets ; with reference to that cadastre, southwesterly, the southeast line of lots 447, 446, 445, 495, 444 retrograding to 437 and 430 retrograding to 402 ; northwesterly, part of the southwest line of lot 402 to the apex of the east angle of lot 401 ; southwesterly, the southeast line of lots 401 retrograding to 377, 341 and part of the southeast line of lot 342 to the line separating the cadastres of the parishes of Saint-Henri-de-Lauzon and Saint-Charles ; southeasterly, the line separating the said cadastres to the apex of the east angle of lot 291 of the cadastre of the parish of Saint-Henri-de-Lauzon ; with reference to that cadastre, generally towards the west, a broken line delimiting to the southeast, south and southwest the said lot 291, that line being extended across the railway right of way (lot 818) which it meets ; southwesterly, part of the southeast line of lot 293 to the apex of the south angle of the said lot, that line being extended across the railway right of way (lot 818) which it meets ; generally towards the northwest, an irregular line delimiting to the southwest lots 293, 294, 296 to 306, 308 to 314 and 316 to 322, that line being extended across the railway right of way (lot 818) which it meets ; generally towards the west, part of the line separating the cadastres of the parishes of Saint-Joseph and Saint-Henri-de-Lauzon to the apex of the north angle of lot 218 of that last cadastre ; successively southwesterly and northwesterly, the broken line separating the cadastres of the parishes of Notre-Dame-de-la-Victoire and Saint-Henri-de-Lauzon to the line separating lots 32 and 33 of that last cadastre, the line crossing in its first section the railway right of way (lot 817 of the cadastre of the parish of Saint-Henri-de-Lauzon) and highway 173 which it meets ; with reference to that cadastre, southwesterly, the line separating the said lots and its extension to the centre line of the Etchemin river ; northwesterly, the centre line of the said river downstream to the extension towards the northeast of the southeast line of lot 801 ; southwesterly, the said extension and the southeast line of the said lot, that line being extended across the Terrebonne road and the railway right of way (lot 819) which it meets ; generally towards the south, a broken line delimiting to the east lots 80, 81, 83 and 84 of the cadastre of the parish of Saint-Jean-Chrysostome ; northeasterly, successively, the northwest line of lots 84 and 90 of the said cadastre then the northwest line of lot 792 of the cadastre of the parish of Saint-Henri-de-Lauzon, that line being extended across the railway right of way (lot 819 of the cadastre of the parish of Saint-Henri-de-Lauzon) which it meets ; successively southerly and westerly, the east and south lines of the said lot 792, that last line being extended across the railway right of way (lot 819 of the cadastre of the parish of Saint-Henri-de-Lauzon) which it meets ; westerly, part of the south line of lot 90 of the cadastre of the parish of Saint-Jean-Chrysostome to the apex of the northeast angle of lot 91 of the said cadastre ; generally towards the south, part of the line separating the cadastres of the parishes of Saint-Jean-Chrysostome and Saint-Henri-de-Lauzon to the apex of the southwest angle of lot 730 of the cadastre of the parish of Saint-Henri-de-Lauzon situated on the north side of the right of way of highway 275 ; easterly, the north side of the right of way of the said highway delimiting to the south lot 730 to the extension to the north of the east line of lot 467 of the cadastre of the parish of Saint-Jean-Chrysostome ; southerly, the said extension and east line of the said lot ; southwesterly, part of the line separating the cadastre of the parish of Saint-Jean-Chrysostome from the cadastres of the parishes of Saint-Henri-de-Lauzon and Saint-Lambert to the apex of the south angle of lot 417 of the cadastre of the parish of Saint-Jean-Chrysostome, that line crossing the Saint-Jean highway and the railway right of way (lot 556 of the cadastre of the parish of Saint-Jean-Chrysostome) which it meets ; generally towards the north, part of the line separating the cadastres of the parishes of Saint-Jean-Chrysostome and Saint-Lambert to the apex of the east angle of lot 416 of the cadastre of the parish of Saint-Jean-Chrysostome, that line crossing Beauséjour road and the Robert-Cliche autoroute which it meets ; southwesterly, the southeast line of the said lot and its extension to the centre line of the Chaudière river ; generally towards the south, the centre line of the said river upstream to the line separating the cadastres of the parishes of Saint-Étienne-de-Lauzon and Saint-Lambert ; successively northwesterly and southwesterly, the broken line separating the said cadastres to the southwest line of the cadastre of the parish of Saint-Étienne-de-Lauzon ; northwesterly, part of the southwest line of the said cadastre to the apex of the south angle of lot 106 of the said cadastre, that line crossing the Beaurivage river, highway 116 and the railway right of way (lot 392) which it meets ; with reference to that cadastre, northeasterly, the line separating lots 106 and 105 from lots 107, 108 and 109 ; northwesterly, the northeast line of lot 105 ; southwesterly, the line separating lots 105 and 106 from lots 593 retrograding to 585 of the cadastre of the parish of Saint-Nicolas ; successively southeasterly and southwesterly, the northeast and southeast lines of lot 584 of the said cadastre ; northwesterly, the line separating the cadastre of the parish of Saint-Nicolas from the cadastres of the parishes of Saint-Apollinaire and Saint-Antoine and its extension to the centre line of the St. Lawrence River, that line crossing the Jean-Lesage autoroute, Demers and Aubin roads and highway 132 which it meets ; successively easterly and northeasterly, the centre line of the said river downstream then the line running midway between the outer facing of the Louise basin wharves and the southeast shore of the said river to its meeting point with the southeasterly extension of the southwest line of lot 1 501 713 of the cadastre of Québec ; northwesterly, the said extension to a point situated 1,859.28 metres from the Legrade geodetic point (No. 67K1111) ; a straight line running astronomically N 58° 00’ E to a line parallel to the southwest line of lot 1 501 713 of the cadastre of Québec and whose point of origin is the intersection between the low-water mark of the said river and the left shore of the Beauport river ; lastly, northeasterly, a straight line to the meeting point of the extension of the line running midway between the left shore of the said river and the northwest shore of L’Île d’Orléans (L’Île d’Orléans channel) with the extension of the line running midway between the right shore of the said river and the southwest shore of L’Île d’Orléans (Grands Voiliers channel) then the extension and the centre line of the Grands Voiliers channel to the starting point.

2000, c. 56, Sch. V-A.

SCHEDULE  B

(section 10)

I – BOUNDARIES OF THE BOROUGHS OF VILLE DE LÉVIS

Desjardins Borough

To the south, the south boundary of the former Paroisse de Saint-Joseph-de-la-Pointe-de-Lévy and the former Municipalité de Pintendre.

To the west, the west boundary of the former Municipalité de Pintendre and the former Ville de Lévis.

To the north, the north boundary of the former Ville de Lévis.

To the east, the east boundary of Ville de Lévis and the former Paroisse de Saint-Joseph-de-la-Pointe-de-Lévy.

Chutes-de-la-Chaudière-Est Borough

To the south, the south boundary of the former Ville de Saint-Jean-Chrysostome.

To the west, the west boundary of the former Ville de Saint-Jean-Chrysostome, the former Paroisse de Sainte-Hélène-de-Breakeyville, the former Ville de Charny and the former Ville de Saint-Romuald.

To the north, the north boundary of the former Ville de Saint-Romuald.

To the east, the east boundary of the former Ville de Saint-Romuald and the former Ville de Saint-Jean-Chrysostome.

Chutes-de-la-Chaudière-Ouest Borough

To the south, the south boundary of the former Municipalité de Saint-Étienne-de-Lauzon.

To the west, the west boundary of the former Municipalité de Saint-Étienne-de-Lauzon and the former Ville de Saint-Nicolas.

To the north, the north boundary of the former Ville de Saint-Nicolas.

To the east, the east boundary of the former Ville de Saint-Nicolas, the former Ville de Saint-Rédempteur and the former Municipalité de Saint-Étienne-de-Lauzon

II – NUMBER OF COUNCILLORS FOR EACH BOROUGH

Desjardins: 6

Chutes-de-la-Chaudière-Est: 5

Chutes-de-la-Chaudière-Ouest: 4

2000, c. 56, Sch. V-B.

SCHEDULE C

(Provisions made under section 9)

1. The Act respecting Ville de Lévis (1994, c. 59) and the Act respecting Ville de Saint-Romuald (1994, c. 61) remain into force and apply to the entire territory of the city.

2. In case of a conflict between a provision of this Schedule and a provision of the Charter, the first one prevails.

3. No provision in this Schedule or no provision kept into force by this Schedule has the effect of restricting the scope of a provision, included in any Act applicable to the city or any municipality in general or to one of their bodies, for the only reason that it is similar to such a provision but written in more specific terms.

O.C. 1311-2001, s. 16.