C-11.3 - Charter of Ville de Longueuil

Updated to 14 June 2002

This document has official status.

chapter C-11.3

Charter of Ville de Longueuil

CHAPTER I CONSTITUTION OF THE MUNICIPALITY

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

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

2. The city is a legal person.

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

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

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

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

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

5. The city succeeds to the rights, obligations and charges of the following municipalities as they existed on 31 December 2001: Ville de Boucherville, Ville de Brossard, Ville de Greenfield Park, Ville de LeMoyne, Ville de Longueuil, Ville de Saint-Bruno-de-Montarville, Ville de Saint-Hubert, Ville de Saint-Lambert and Municipalité régionale de comté de Champlain.

The city becomes, without continuance of suit, a party to every suit, in the place of every municipality to which the city succeeds.

2000, c. 56, Sch. III, s. 5.

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in force in the territory for which they were made until their objects are attained or until they are replaced or repealed in accordance with this Act.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

2000, c. 56, Sch. III, s. 6; 2001, c. 25, s. 360.

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 Champlain 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 Montréal by any order of the Government made under section 9.

No officer or employee to whom this section applies, other than an officer or employee having entered into employment with 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. III, s. 7.

8. Subject to section 8.6, the expenditures related to any debt of a municipality mentioned in section 5 shall continue to be financed by revenues derived exclusively from the territory of the municipality or a part thereof. Any surplus of such municipality shall remain for the exclusive benefit of the inhabitants and ratepayers in its territory or a part thereof. To determine if the financing or surplus should burden or be credited to just a part of the territory, the rules applicable on 31 December 2001 respecting the financing of expenditures related to the debt or the source of the revenues that have generated the surplus shall be considered.

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

If it avails itself of the power provided for in the second paragraph in respect of a debt, the city may not, to establish the tax burden provided for in section 87.1, charge to the revenues derived from the taxation specific to the non-residential sector that come from the territory a percentage of the financing of the expenditures related to that debt greater than the percentage corresponding to the quotient obtained by dividing the total of those revenues by the total revenues provided for in subparagraphs 1 to 7 of the fifth paragraph of section 8.6 and coming from that territory. If the tax burden is established for the 2002 fiscal year or a subsequent fiscal year, the revenues of the preceding fiscal year shall be considered for that division.

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

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

(1)  revenues from the business tax;

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

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

(4)  revenues from the sum in lieu of a tax referred to in any of subparagraphs 1 to 3 that must be paid either by the Government, in accordance with the second paragraph of section 210 of the Act respecting municipal taxation, by the Government in accordance with section 254 and the first paragraph of section 255 of that Act, or by the Crown in right of Canada or one of its mandataries, except, if the amount stands in lieu of the general property tax, revenues that would be considered in establishing the aggregate taxation rate if it was the tax itself.

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

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

Are deemed to constitute a surplus or expenditures related to a debt of a municipality mentioned in section 5, respectively, the revenues or costs in relation to legal proceedings or a dispute to which such a municipality or, as the case may be, the city is a party in respect of an event prior to 1 January 2002 that concerns the municipality. That presumption does not apply when the legal proceeding or dispute comes under the jurisdiction of a municipal court of such a municipality.

2000, c. 56, Sch. III, s. 8; 2001, c. 25, s. 361; O.C. 1310-2001, s. 1.

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

Notwithstanding sections 468.48 and 468.49 of the Cities and Towns Act (chapter C-19), an intermunicipal management board referred to in the first paragraph shall cease its activities and is dissolved on 31 December 2001.

2001, c. 25, s. 362.

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

2001, c. 25, s. 362.

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

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

2001, c. 25, s. 362.

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

2001, c. 25, s. 362; 2001, c. 68, s. 167.

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

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

2001, c. 25, s. 362; O.C. 1310-2001, s. 2.

8.6. The city may provide that the expenditures relating to the debts of each municipality referred to in section 5 shall be financed in part by revenues derived exclusively from the territory of that municipality and, for the remainder, by revenues derived from the whole territory of the city.

Notwithstanding the foregoing, such decision may not cover what is deemed, under one of the last three paragraphs of section 8, to constitute such expenditures. The following expenditures may neither be covered by such a decision and shall continue to be financed in the same manner as they were for the fiscal year 2001, subject to any other provision, where the expenditures, for that fiscal year,

(1)  are not chargeable to the ratepayers of the municipality, in particular because they are financed by contributions from other bodies or by subsidies;

(2)  are financed by revenues derived from

(a)  a special tax imposed on the taxable immovables situated in only a part of the territory of the municipality or imposed solely on the immovables to the benefit of which work has been carried out;

(b)  an amount in lieu of a tax referred to in subparagraph a that must be paid by the Government in accordance with the second paragraph of section 210 of the Act respecting municipal taxation (chapter F-2.1) or the first paragraph of sections 254 and 255 of that Act or by the Crown in right of Canada or by one of its mandataries;

(c)  a source of revenue that, under section 244.9 of the Act respecting municipal taxation, is used specifically for that purpose.

For the purpose of determining which part of the expenditures covered by the decision under the first paragraph must be financed as provided in the fourth paragraph, the total of the revenues of the municipality listed in subparagraphs 1 to 7 of the fifth paragraph is divided by the total of the revenues of the municipality for the fiscal year 2001 listed in that paragraph.

The product obtained by multiplying those expenditures by the quotient thus obtained represents the portion of the expenditures that must be financed in accordance with section 8. The balance represents the portion of the expenditures concerned that, notwithstanding section 6, may be financed using any source of revenue specific to that purpose imposed on the whole territory of the city or any other revenue therefrom that is not reserved for other purposes.

The revenues to be used for the purposes of the division under the third paragraph are

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

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

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

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

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

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

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

(8)  the revenues derived from any unconditional government transfer or from the application of the Act respecting duties on transfers of immovables (chapter D-15.1).

For the purposes of the third and fifth paragraphs, the revenues of the municipality for the 2001 fiscal year are those provided for in the budget adopted for that fiscal year. However, where a statement comparing the revenues provided for in the budget and those which, according to later forecasts, will be the revenues of the fiscal year shows the necessity to update budgetary forecasts, the updated forecasts shall be considered, provided that the statement is filed before the city adopts the budget for the 2002 fiscal year. If several statements are filed successively, the last one shall be considered.

The third, fourth and fifth paragraphs of section 8 apply, with the necessary modifications, in respect of the expenditures that the city decides, under the fourth paragraph of this section, to finance by using revenues derived from all its territory, but not from a source of revenue imposed specifically for that purpose, and not reserved for other purposes.

2001, c. 25, s. 362; O.C. 1310-2001, s. 3.

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 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.

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. III, s. 9; 2001, c. 68, s. 168.

10. The Government may, by order, change the name of the municipality referred to in section 1. It may, before changing the name, make an order on the rules applicable to the holding of a consultation on such a change.

Any order provided for in this section comes into force on the date of its publication in the Gazette officielle du Québec or on any other subsequent date indicated therein.

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

CHAPTER II ORGANIZATION OF THE MUNICIPALITY

DIVISION I DIVISION OF TERRITORY

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

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

2000, c. 56, Sch. III, s. 11.

12. The borough of Greenfield Park is deemed to be recognized in accordance with section 29.1 of the Charter of the French language (chapter C‐11). The borough shall retain that recognition until, at its request, the recognition is withdrawn by the Government pursuant to section 29.1 of that Charter.

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

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

DIVISION II CITY COUNCIL AND BOROUGH COUNCILS

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

2000, c. 56, Sch. III, s. 13; O.C. 1310-2001, s. 4.

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

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

§ 1 . — City council

15. The city council is composed of the mayor and 42 councillors.

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

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

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

17. 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. III, s. 17; 2001, c. 25, s. 363.

§ 2 . — Borough council

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

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

For the purposes of the 2013 general election, section 18 is to be read as follows:

“18. Subject to section 18.1, a borough council is made up of the councillors who represent the borough on the city council.”.

See 2011, c. 33, s. 3 and s. 35, 2nd par.

19. The borough council shall designate a chair of the borough from among its members.

2000, c. 56, Sch. III, s. 19.

20. If the members of the 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 of the borough, the members of the borough council may do so.

The person designated to act as the chair of the borough 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. III, s. 20.

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

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

2000, c. 56, Sch. III, s. 21; 2001, c. 25, s. 364.

DIVISION III EXECUTIVE COMMITTEE

22. The executive committee of the city is composed of the mayor and seven council members designated by the mayor.

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

2000, c. 56, Sch. III, s. 22; 2001, c. 25, s. 365.

23. The mayor of the city is the chair of the executive committee. The mayor shall designate the vice-chair from among the members of the committee.

2000, c. 56, Sch. III, s. 23.

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

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

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

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

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

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

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

27. The vice-chair replaces the chair where the latter is unable to act or where the office of chair is vacant. The vice-chair may also preside at a meeting of the executive committee at the request of the chair.

2000, c. 56, Sch. III, s. 27.

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

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

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

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

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

However, the executive committee sits in public

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

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

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

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

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

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

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

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

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

33. The executive committee exercises the responsibilities as provided in section 70.8 of the Cities and Towns Act (chapter C‐19) and acts for the city in all cases in which a provision of the internal management by-laws assigns the power to perform the act to the executive committee. The executive committee may enter into any contract that does not involve an expenditure exceeding $100,000.

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

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

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

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

However, the following powers may not be delegated:

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

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

(3)  the power to appoint the director general, the clerk, the treasurer and their assistants ;

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

(5)  the power to dismiss, suspend without pay or reduce the salary of an officer or employee referred to in the second or third paragraph of section 71 of the Cities and Towns Act (chapter C-19).

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

2000, c. 56, Sch. III, s. 34; 2001, c. 25, s. 366.

35. The executive committee may adopt an internal management by-law concerning its meetings and the conduct of its affairs. The by-law may, in respect of any power granted to the executive committee under this Act and, to the extent permitted by the internal management by-laws of the city, in respect of a power of the city council delegated to the executive committee under the first paragraph of section 34, provide for a delegation to any officer or employee of the city and fix the terms and conditions for the exercise of a delegated power.

2000, c. 56, Sch. III, s. 35; 2001, c. 25, s. 367; 2002, c. 37, s. 35.

36. A decision by the council to delegate a power to or withdraw a power from the executive committee must be supported by a majority of 2/3 of the votes of the members of the council.

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

DIVISION IV PROVISIONS CONCERNING ELECTIONS

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

2000, c. 56, Sch. III, s. 37; 2001, c. 25, s. 368.

38. Every borough shall be divided into districts. There must be one district for each councillor.

2000, c. 56, Sch. III, s. 38.

39. 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. III, s. 39.

40. 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. III, s. 40.

41. 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 the borough and has resided continuously or not in the territory of the city for at least 12 months on 1 September of the calendar year in which a regular election is to be held.

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

DIVISION V OFFICERS AND EMPLOYEES

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

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

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

2000, c. 56, Sch. III, s. 43; O.C. 1310-2001, s. 5.

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

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

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

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

45. Upon the signing of a collective agreement, the matters listed below shall be dealt with in memorandums of agreement to which the city and the boroughs are parties:

(1)  overtime work, except remuneration;

(2)  work schedules, except the duration of work;

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

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

The borough council shall be a party to the related negotiations and shall agree with the clauses.

2000, c. 56, Sch. III, s. 45; O.C. 1310-2001, s. 6.

46. (Repealed).

2000, c. 56, Sch. III, s. 46; 2001, c. 68, s. 169.

47. (Repealed).

2000, c. 56, Sch. III, s. 47; 2001, c. 68, s. 169.

48. (Repealed).

2000, c. 56, Sch. III, s. 48; 2001, c. 68, s. 169.

49. (Repealed).

2000, c. 56, Sch. III, s. 49; 2001, c. 68, s. 169.

50. (Repealed).

2000, c. 56, Sch. III, s. 50; 2001, c. 68, s. 169.

51. (Repealed).

2000, c. 56, Sch. III, s. 51; 2001, c. 68, s. 169.

52. (Repealed).

2000, c. 56, Sch. III, s. 52; 2001, c. 68, s. 169.

53. (Repealed).

2000, c. 56, Sch. III, s. 53; 2001, c. 68, s. 169.

54. (Repealed).

2000, c. 56, Sch. III, s. 54; 2001, c. 68, s. 169.

DIVISION VI CONSEIL DES ARTS

2001, c. 25, s. 369.

54.1. The council may, by by-law, establish an arts council.

2001, c. 25, s. 369.

54.2. The arts council has the following functions:

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

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

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

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

2001, c. 25, s. 369.

54.3. The city council shall determine, by the by-law referred to in section 54.1, the number of members composing the arts council, the qualifications they must have, the duration of their terms and the time and method of their appointment and replacement, as well as the rules of internal management and operation of the arts council, and the rules of procedure for its meetings.

2001, c. 25, s. 369.

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

The members are appointed by the city council which shall designate a chair and two vice-chairs from among the members.

2001, c. 25, s. 369.

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

2001, c. 25, s. 369.

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

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

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

2001, c. 25, s. 369.

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

2001, c. 25, s. 369.

54.8. A special fund is established for the arts council and entrusted to the custody of the treasurer of the arts council.

2001, c. 25, s. 369.

54.9. The fund is constituted of

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

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

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

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

2001, c. 25, s. 369.

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

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

2001, c. 25, s. 369.

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

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

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

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

2001, c. 25, s. 369.

54.12. The city shall fix the annual contribution that must be paid into the fund by a municipality in respect of which the arts council has jurisdiction pursuant to section 54.11; it shall also fix the terms and conditions and the time of payment of the contribution.

A municipality may require the city to fix in its respect, for a period of three years, the contribution, the terms and conditions and the time referred to in the first paragraph before it transmits its resolution to the clerk of the city in accordance with the first paragraph of section 54.11, or, where applicable, at least one month before the expiry of the time allowed it to give a notice in accordance with the third paragraph of that section.

2001, c. 25, s. 369.

54.13. A municipality in respect of which the arts council has jurisdiction pursuant to section 54.11 is authorized and required to pay into the fund the annual contribution fixed in its regard in accordance with section 54.12.

2001, c. 25, s. 369.

54.14. For the purposes of this division, “territory of the city” includes the territory of a municipality in respect of which the arts council has jurisdiction pursuant to section 54.11.

2001, c. 25, s. 369.

CHAPTER III JURISDICTION

DIVISION I GENERAL PROVISIONS

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

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

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

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

2001, c. 25, s. 370.

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

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

Every decision under the first or second paragraph shall be made by a 2/3 majority of the votes cast.

2000, c. 56, Sch. III, s. 56.

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

Every decision under the first paragraph must be made by 2/3 of the votes cast.

2001, c. 25, s. 371.

56.2. 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 demand 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. 1310-2001, s. 7.

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

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

DIVISION II SPECIAL FIELDS OF JURISDICTION OF THE CITY

§ 1 . — General provisions

58. In addition to what is provided in section 55, the city has, to the extent provided by this Act or by the order of the Government made under section 9, special jurisdiction, obligations and powers in the following fields:

(1)  land use planning and development;

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

(3)  culture, recreation and parks;

(4)  social housing;

(5)  the arterial system; and

(6)  the municipal court.

2000, c. 56, Sch. III, s. 58; 2001, c. 25, s. 372.

§ 2 . — Land use planning and development

58.1. The planning program of the city shall include, in addition to the elements mentioned in section 83 of the Act respecting land use planning and development (chapter A-19.1), a supplemental document establishing rules and criteria to be taken into consideration, in any by-law made in accordance with the delegation, by borough councils and requiring that the latter include in such a by-law provisions that are at least as constraining as those established in the document.

It may contain, in addition to the prescriptions of the Act respecting land use planning and development, with respect to all or part of the territory of the city, rules intended to harmonize the by-laws that may be adopted by a borough council under section 72 or to ensure the consistent development of the city.

O.C. 1310-2001, s. 8.

58.2. Notwithstanding any by-law adopted by a borough council, the city council may, by by-law, authorize the carrying out of a project involving

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

(2)  major infrastructures, such as an airport, a harbour, a train station, a marshalling yard or a water treatment, filtration or purification establishment;

(3)   a residential, commercial or industrial establishment whose floor area is greater than 25 000 m2;

(4)  housing intended for persons in need of help, protection, care or shelter;

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

A by-law referred to in the first paragraph may contain the planning rules necessary for the carrying out of the project exclusively. Such a by-law amends any by-law in force adopted by the borough council, to the extent that is precisely and specifically provided for in the by-law.

O.C. 1310-2001, s. 8.

58.3. Notwithstanding the third paragraph of section 123 of the Act respecting land use planning and development (chapter A-19.1), a by-law adopted by the city council under section 58.2 is not subject to approval by way of referendum, except for a by-law authorizing the carrying out of a project referred to in subparagraph 5 of the first paragraph of section 58.

Sections 125 to 127 of the Act respecting land use planning and development do not apply to a by-law authorizing the carrying out a project referred to in subparagraph 4 of the first paragraph of section 58.2.

O.C. 1310-2001, s. 8.

58.4. The city council may, by by-law, determine the cases in which a by-law adopted by a borough council, excluding a concordance by-law within the meaning of section 59.5, 110.4 or 110.5 of the Act respecting land use planning and development (chapter A-19.1), does not have to be examined to see if it complies with the planning program of the city.

O.C. 1310-2001, s. 8.

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

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

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

2001, c. 25, s. 373.

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

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

2000, c. 56, Sch. III, s. 60; 2001, c. 25, s. 374.

60.1. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), the city may, to promote the economic development of the city, create a legal person

(1)  to promote the economic development of the city; and

(2)  to promote the establishment and maintenance of enterprises in its territory.

The board of directors of a legal person created under the first paragraph must have as a member a representative of a local development centre, although that member is not entitled to vote.

Sections 573 to 573.3.4 of the Cities and Towns Act (chapter C-19) apply to the legal person created under the first paragraph, with the necessary modifications, and that legal person is deemed to be a local municipality for the purposes of the regulation made under section 573.3.0.1 of that Act.

The chief auditor of the city shall audit the accounts and business of the legal person created under the first paragraph.

2001, c. 68, s. 171; 2002, c. 37, s. 36.

60.2. Notwithstanding section 466.3 of the Cities and Towns Act (chapter C-19), the city shall make an annual contribution to the support of the local development centre in its territory in the manner set out in the agreement provided for in section 12 of the Act respecting the Ministère des Régions (chapter M-25.001).

The city shall enter into a first agreement under the first paragraph before 1 April 2002.

2001, c. 68, s. 171.

§ 4 . — Culture, recreation and parks

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

2000, c. 56, Sch. III, s. 61; 2001, c. 25, s. 375.

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

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

2000, c. 56, Sch. III, s. 62; 2001, c. 25, s. 376.

63. From the coming into force of the by-law provided for in section 62, the city may make an agreement with any person holding the right of ownership or any other right in respect of an immovable situated in the park concerned.

Such an agreement may provide

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

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

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

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

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

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

64. The city may, by by-law, in respect of a park,

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

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

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

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

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

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

(7)  prohibit or regulate posting;

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

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

(10)  prohibit or regulate the operation of businesses;

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

(12)  determine powers and obligations of employees.

2000, c. 56, Sch. III, s. 64; 2001, c. 25, s. 377.

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

2000, c. 56, Sch. III, s. 65; 2001, c. 25, s. 378.

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

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

67. For the purposes of sections 61 to 66, a natural area or a corridor for recreational and sports activities is considered to be a park.

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

§ 5 . — Social housing

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

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

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

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

§ 6 . — Arterial system

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

It shall also establish minimum standards for the management of those systems.

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

2000, c. 56, Sch. III, s. 69; 2001, c. 25, s. 379.

DIVISION III JURISDICTION OF THE BOROUGH COUNCIL

§ 1 . — General provisions

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

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

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

(1)  urban planning;

(2)  fire safety and civil protection;

(3)  removal of residual materials;

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

(5)  culture, recreation and borough parks; and

(6)  local roads.

Subject to the provisions of this Act or of an Order in Council made under section 9, the borough council shall exercise, on behalf of the city, all powers within its jurisdictions, with the necessary modifications, and is subject to all obligations assigned to or imposed on a local municipality or its council by the Cities and Towns Act (chapter C-19) or another Act, excluding the powers to constitute an executive committee, to borrow, to tax and to sue and be sued.

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

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

2000, c. 56, Sch. III, s. 71; 2001, c. 25, s. 380; O.C. 1310-2001, s. 9; 2001, c. 76, s. 190; 2002, c. 37, s. 37.

§ 2 . — Urban planning

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

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

2000, c. 56, Sch. III, s. 72; O.C. 1310-2001, s. 10; 2002, c. 37, s. 38.

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

2000, c. 56, Sch. III, s. 73; O.C. 1310-2001, s. 10.

74. To ensure compliance with the planning program of the city of any concordance by-law within the meaning of sections 59.5, 110.4 and 110.5 of the Act respecting land use planning and development (chapter A-19.1), adopted by a borough council in accordance with section 71.1, sections 137.2 to 137.8 of that Act apply instead of section 137.10 to 137.14, with the necessary modifications.

Among the modifications required by the application of the first paragraph, the following modifications are applicable: the city council shall establish the rules governing the transmission of certified true copies of the by-laws and resolutions adopted by borough councils to the city council for examination, governing the means that may be used to serve those documents where those sections require such service on the regional county municipality and governing the dates on which those document are deemed to be transmitted or served; it also identifies the public officer responsible for issuing certificates of conformity.

Sections 137.2 to 137.8 and 137.15 to 137.17 of the Act respecting land use planning and development also apply to any by-law referred to in section 72 adopted by a borough council, excluding a concordance by-law, with the necessary modifications and those referred to in the second paragraph.

2000, c. 56, Sch. III, s. 74; O.C. 1310-2001, s. 10.

§ 3 . — Fire safety and civil protection

2001, c. 76, s. 190.

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

2000, c. 56, Sch. III, s. 75; 2001, c. 76, s. 190.

§ 4 . — Removal of residual materials

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

2000, c. 56, Sch. III, s. 76.

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

2001, c. 25, s. 381.

77. Notwithstanding the Municipal Aid Prohibition Act (chapter I‐15), the borough council may, in accordance with the rules established in the development plan prepared by the city pursuant to section 60, provide financial support to a body carrying on its activities in the borough and whose mission is local economic, community, cultural or social development.

2000, c. 56, Sch. III, s. 77; 2001, c. 25, s. 382.

§ 6 . — Culture, recreation and borough parks

78. The borough council exercises the powers of the city in respect of the parks and the cultural and recreational equipment within its jurisdiction pursuant to the by-law adopted under section 61, except those provided for in section 66.

The borough council is also responsible for the organization of recreational sports and sociocultural activities. It may for that purpose and in accordance with the rules established in the development plan prepared by the city pursuant to section 60 provide financial support to bodies whose goal is to organize and foster physical or cultural activity.

2000, c. 56, Sch. III, s. 78; 2001, c. 25, s. 383.

§ 7 . — Local roads

79. The borough council exercises, in respect of the streets and roads under its responsibility pursuant to the by-law adopted by the city council for the purposes of section 69 and in a manner consistent with the rules prescribed under the second and third paragraphs of that section, the jurisdictions of the city as regards roads, traffic signs and signals, the control of traffic and parking.

2000, c. 56, Sch. III, s. 79; 2001, c. 25, s. 384.

CHAPTER IV SPECIAL FINANCIAL AND FISCAL PROVISIONS

DIVISION I FINANCIAL PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

2000, c. 56, Sch. III, s. 83; 2001, c. 25, s. 385.

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

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

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

2000, c. 56, Sch. III, s. 84; 2002, c. 37, s. 39.

85. A loan by-law whose subject is the execution of permanent work on waste water purification works, drinking water supply systems, underground conduits, road surfacing, curbs, sidewalks, lighting and traffic signs and signals, and the acquisition by agreement or expropriation of land or servitudes required for the execution of that permanent work need not be submitted for approval to the qualified voters.

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

DIVISION II FISCAL PROVISIONS

§ 1 . — Interpretation and general provisions

2001, c. 25, s. 386.

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

2000, c. 56, Sch. III, s. 86; 2001, c. 25, s. 386.

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

The city may, however, depart from those rules but only insofar as is necessary for the application of any of the provisions of this division, of section 8 or of section 8.6.

2001, c. 25, s. 386; O.C. 1310-2001, s. 11.

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

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

O.C. 1310-2001, s. 12.

§ 2 . — Limitation on increases in the tax burden

2001, c. 25, s. 386.

87. The city shall avail itself of

(1)  the power provided for in section 87.1 and, if it imposes the business tax, the power provided for in section 87.2; or

(2)  the power provided for in section 87.6.1 and, if it imposes the business tax, the power provided for in section 87.7.

2000, c. 56, Sch. III, s. 87; 2001, c. 25, s. 386; O.C. 1310-2001, s. 13.

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

The tax burden shall consist of

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

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

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

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

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

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

For the purposes of subparagraphs 2 and 3 of the second paragraph, the word “immovables” means business establishments when the business tax or the amount standing in lieu thereof is involved.

2001, c. 25, s. 386; O.C. 1310-2001, s. 14.

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

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

2001, c. 25, s. 386; 2001, c. 68, s. 172.

87.3. If the city avails itself of any of the powers provided for in sections 87.1 and 87.2, it may replace the maximum percentage increase in that section by another maximum percentage increase, applicable only to the group formed of the sectors concerned, which must be less than 5%.

2001, c. 25, s. 386.

87.4. Where the increase under section 87.1 or 87.2 does not result solely from the constitution of the city, the maximum shall apply only in respect of the part of the increase that results from the constitution.

Is also deemed to result solely from the constitution of the city the part of the increase referred to in section 87.1 or 87.2, in respect of the units of assessment or business establishments situated in the sector corresponding to the territory of Ville de Saint-Bruno-de-Montarville, that is due to the excess derived from public bus transit services provided on that territory in relation to what is provided for in the related contract, even after the contract expires. Notwithstanding the foregoing, that presumption does not apply in the case of transportation services adapted to the needs of persons with a mobility impairment.

2001, c. 25, s. 386; O.C. 1310-2001, s. 15; 2001, c. 68, s. 173.

87.5. If the city avails itself of any of the powers provided for in sections 87.1 and 87.2, it shall, subject to any regulation under the second paragraph, prescribe the rules to determine whether the increase under that section results solely from the constitution of the city and, if not, to establish the part resulting from the constitution.

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

If the city avails itself of the power provided for in section 87.1 and if, for any fiscal year referred to in that section, the surtax or the tax on non-residential immovables or the surtax on vacant land is imposed, the city must prescribe the rules to enable the appropriate correspondences to be made so as to obtain the same results, as regards the application of that section, were the general property tax imposed for the fiscal year, pursuant to section 244.29 of the Act respecting municipal taxation (chapter F-2.1), with a rate specific to the category referred to in section 244.33 or 244.36, as the case may be, of that Act.

2001, c. 25, s. 386; 2001, c. 68, s. 174.

87.6. For the purpose of the establishment of the percentage increase referred to in section 87.1 for the fiscal year 2002, where the local municipality whose territory constitutes the sector concerned has appropriated as revenue for the fiscal year 2001 all or part of its surpluses from preceding fiscal years, in an amount exceeding the average of the amounts it appropriated for the fiscal years 1996 to 2000, the difference obtained by subtracting from that excess amount the amount of the sum that the municipality was exempted from paying, by the operation of sections 90 to 96 of chapter 54 of the statutes of 2000, for the special local activities financing fund, shall be included for the fiscal year 2001 in the tax burden borne by the aggregate of the units of assessment situated in the sector.

2001, c. 25, s. 386.

87.6.1. Having determined that a rate should be fixed separately for a sector if the city availed itself of the power provided for in section 87.1, the city may, instead of fixing a separate rate, grant an abatement so as to obtain the same effect as a separate rate with respect to the tax burden borne by the aggregate of the units of assessment situated in the sector that would have been subject to all or part of the separate rate.

The amount of abatement shall be calculated by multiplying the taxable value of each unit of assessment referred to in the first paragraph by a coefficient fixed by the city. In the case of a unit of assessment in respect of which one of the amounts referred to in subparagraph 3 of the second paragraph of section 87.1 is paid, the amount of abatement shall be calculated by multiplying its non-taxable value.

Upon the adoption of the budget for a fiscal year, the city may, in addition to any coefficient fixed for that fiscal year, fix other coefficients in advance that could be applied in subsequent fiscal years. Notwithstanding the foregoing, any advance coefficient shall be replaced if, upon the adoption of the budget for the later fiscal year concerned, it becomes apparent that its application will not make it possible to achieve the result provided for in the first paragraph.

Even if they are linked to the exercise of the power to fix a separate rate, sections 87.1 to 87.6 apply to the city for the purposes of the power provided for in this section.

O.C. 1310-2001, s. 16.

87.7. The city may prescribe the rules enabling it to grant an abatement for a fiscal year in such manner that, in relation to the preceding fiscal year, the increase in the business tax payable in respect of a business establishment is not greater than 5 %.

The first paragraph refers to the amount in lieu of business tax in the case of a business establishment in respect of which such an amount must be paid by the Government in accordance with either the second paragraph of section 210 of the Act respecting municipal taxation (chapter F-2.1), or the second paragraph of section 254 and the first paragraph of section 255 of that Act, or by the Crown in right of Canada or one of its mandataries.

Sections 87.3 and 87.4 and the first and second paragraphs of section 87.5 apply, with the necessary modifications, for the purposes of the limitation on the increase under the first paragraph.

2001, c. 25, s. 386; O.C. 1310-2001, s. 17; 2001, c. 68, s. 175.

§ 3 . — Limitation on decreases in the tax burden

2001, c. 25, s. 386.

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

The last three paragraphs of section 87.1, the third paragraph of section 87.5 and section 87.6 apply, with the necessary modifications, for the purposes of the limitation on the decrease under the first paragraph.

2000, c. 56, Sch. III, s. 88; 2001, c. 25, s. 386; O.C. 1310-2001, s. 18.

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

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

2001, c. 25, s. 386; 2001, c. 68, s. 176.

88.2. If the city does not avail itself of the power provided for in section 88 or 88.1, it may prescribe the rules enabling it to require a supplement for a fiscal year in such manner that, in relation to the preceding fiscal year, the decrease in the tax burden borne by any unit of assessment or any business establishment is not greater than the percentage, applicable only to the group formed of the whole territory, fixed by the city.

The last three paragraphs of section 87.1, the third paragraph of section 87.5 and section 87.6, in the case of a unit of assessment, or the second paragraph of section 88.1, in the case of a business establishment, apply, with the necessary modifications, for the purposes of the limitation on the decrease under the first paragraph.

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

2001, c. 25, s. 386; O.C. 1310-2001, s. 19.

§ 4 . — Miscellaneous provisions

2001, c. 25, s. 386.

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

Where under section 244.29 of the Act respecting municipal taxation, the city imposes the general property tax, for a fiscal year, with a rate specific to the category provided for in section 244.36 of that Act, and it is impossible to comply with both the limitation of the variation in the tax burden applicable under the provisions of subdivision 2 or 3 and the minimum and maximum provided for in section 244.49 of that Act, the city may, for that fiscal year, fix several such rates that differ according to the sectors and that comply with such minimum and maximum. In such a case, none of the rates is a rate referred to in the first paragraph of section 87.1 or subparagraph 1 of the second paragraph of that section.

Where the city imposes the surtax on vacant land, for a fiscal year, and it is impossible to comply with both the limitation of the variation in the tax burden applicable under the provisions of subdivision 2 or 3 and the minimum and maximum provided for in section 486 of the Cities and Towns Act (chapter C-19), the city may, for that fiscal year, fix several rates of the surtax that differ according to the sectors and that comply with such minimum and maximum. In such a case, none of the rates is a rate referred to in the first paragraph of section 87.1 or subparagraph 1 of the second paragraph of that section as a result of the correspondence rules adopted under the third paragraph of section 87.5.

The difference between a rate fixed under the second or third paragraph and the rate that would be fixed if the limitation of the variation in the tax burden were complied with may not exceed whatever is strictly necessary for compliance with the minimum or maximum referred to in that paragraph.

2001, c. 25, s. 386; 2001, c. 68, s. 177.

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

2001, c. 25, s. 386.

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

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

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

2001, c. 25, s. 386; O.C. 1310-2001, s. 20.

88.6. The city may establish a program for the purpose of granting, in the circumstances described in the second paragraph, a credit applicable in respect of the amount of the general property tax imposed, for any fiscal year from the fiscal year referred to in subparagraph 1 of that paragraph, on any unit of assessment situated in a sector and that belongs to the group described in section 244.31 of the Act respecting municipal taxation (chapter F-2.1).

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

(1)  for a particular fiscal year, the business tax is not imposed in respect of the sector, either separately or as part of the whole territory of the city, or, if the business tax is imposed, the estimated revenues therefrom in respect of the sector are less than those of the preceding fiscal year;

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

(3)  the general property tax revenues estimated in respect of the sector for the fiscal year referred to in subparagraph 1 and derived from the application of all or part of any of the rates specific to the categories provided for in sections 244.33 and 244.34 of the Act respecting municipal taxation are greater than they would have been were it not for the loss of or decrease in business tax revenues.

The credit shall diminish the amount payable of the general property tax imposed on any unit of assessment referred to in the first paragraph in respect of which all or part of a rate referred to in subparagraph 3 of the second paragraph applies. The amount of the credit shall be established according to the rules set out in the program.

The cost of the aggregate of the credits granted in respect of the units of assessment situated in the sector shall be a burden on the aggregate of the units situated in the sector that belong to the group referred to in the first paragraph.

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

For the purposes of the first five paragraphs, the mention of any tax or surtax also refers to the sum in lieu of the tax or surtax that must be paid by the Government in accordance with the second paragraph of section 210 of the Act respecting municipal taxation, by the Government in accordance with section 254 and the first paragraph of section 255 of that Act, or by the Crown in right of Canada or one of its mandataries.

2001, c. 25, s. 386; 2001, c. 68, s. 178.

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

2001, c. 25, s. 386.

CHAPTER V EFFECTS OF AN AMALGAMATION ON LABOUR RELATIONS

89. 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 or to a metropolitan community;

(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. III, s. 89.

CHAPTER VI TRANSITION COMMITTEE

DIVISION I COMPOSITION AND ORGANIZATION OF THE TRANSITION COMMITTEE

90. 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. III, s. 90.

91. 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. III, s. 91.

92. 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. III, s. 92; 2001, c. 25, s. 387.

93. 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. III, s. 93; 2001, c. 25, s. 388.

94. 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. III, s. 94.

95. 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. III, s. 95.

96. 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. III, s. 96.

97. 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. III, s. 97.

98. 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. III, s. 98.

99. 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. III, s. 99; 2001, c. 25, s. 389.

100. 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. III, s. 100.

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

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

DIVISION II MISSION OF THE TRANSITION COMMITTEE

102. 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. III, s. 102.

DIVISION III OPERATION, POWERS AND RESPONSIBILITIES OF THE TRANSITION COMMITTEE

§ 1 . — Operation and powers of the committee

103. 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. III, s. 103.

104. Subject to the second paragraph of section 110, the transition committee shall, during its term, provide the citizens of municipalities referred to in section 5 with any information it considers pertinent to keep them informed about the carrying out of its mission.

The Minister may issue directives to the committee in that respect.

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

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

2000, c. 56, Sch. III, s. 105.

106. 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. III, s. 106.

107. 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. III, s. 107.

108. 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.

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. III, s. 108; 2001, c. 25, s. 390.

109. 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. III, s. 109.

110. Sections 108 and 109 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 108 and 109.

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

111. 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. III, s. 111; 2001, c. 25, s. 391.

112. 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. III, s. 112; 2001, c. 25, s. 392.

§ 2 . — Responsibilities of the committee

113. 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 give the transition committee its opinion regarding any matter related to the mandate of the transition committee.

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

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

2000, c. 56, Sch. III, s. 113.

114. 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. III, s. 114; 2001, c. 25, s. 393.

115. 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. III, s. 115.

116. 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 the division of the 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). However, the territory of the former Ville de LeMoyne must be situated entirely within the same electoral district.

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. III, s. 116; 2001, c. 25, s. 394.

117. 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. III, s. 117; 2001, c. 25, s. 395.

118. 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. III, s. 118.

119. If an agreement has not been reached on all the matters referred to in the first and second paragraphs of section 118 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. III, s. 119; 2001, c. 25, s. 396.

120. Subject to section 89, 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. III, s. 120.

121. 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. III, s. 121.

122. 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. III, s. 122; 2001, c. 25, s. 397.

122.1. 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. 179.

123. (Repealed).

2000, c. 56, Sch. III, s. 123; 2001, c. 25, s. 398.

124. 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. III, s. 124; 2001, c. 25, s. 399.

125. The committee may, of its own initiative or upon the request of the Minister, examine the advisability of changing the name of the city. It may make any recommendation in this respect to the Minister.

The committee may, among other things, propose to the Minister one or more new names and any consultation mechanism, in particular upon the election referred to in section 130.

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

126. The transition committee shall, within the scope of its mandate, identify the bodies engaged in economic development that have their head office or a business establishment in the territory referred to in section 3. The study of the committee shall, in particular, concern the mission or mandate of any such body. It may make any recommendation to the Minister in that regard.

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

127. 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. III, s. 127.

128. 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;

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

(4)  the name of the municipality.

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

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

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

CHAPTER VII TRANSITIONAL AND FINAL PROVISIONS

130. The polling for the first general election in Ville de Longueuil 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. III, s. 130.

131. 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. III, s. 131.

132. 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 Longueuil, and hold both offices simultaneously.

2000, c. 56, Sch. III, s. 132; 2001, c. 25, s. 400.

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

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

2000, c. 56, Sch. III, s. 133; 2001, c. 25, s. 401; O.C. 1310-2001, s. 21.

133.1. Any person appointed by the transition committee or integrated as part of the personnel of the city to a position involving duties necessary for a meeting of the city council or a borough council, for the making of decisions by such council or for the performance of an act that such council may perform before the date of constitution of the city, is deemed to be acting in the performance of his duties, in respect of those necessary duties performed before the date of constitution of the city.

O.C. 1310-2001, s. 22.

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

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

If, on 1 January 2002, the budget is not adopted, one-quarter of each appropriation provided for in the budget prepared by the transition committee is deemed to be adopted. The same rule applies on 1 April, 1 July and 1 October if, on each of those dates, the budget has not yet been adopted.

The treasurer or secretary-treasurer of a municipality mentioned 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. III, s. 134; 2001, c. 25, s. 402; O.C. 1310-2001, s. 23.

134.1. The city council may, by the first by-law respecting remuneration adopted under the Act respecting the remuneration of elected municipal officers (chapter T-11.001), fix any remuneration to be paid by the city to the mayor, the borough chairs, the other members of the city council and the borough councillors for the functions they exercised between the first day of their terms and 31 December 2001. The method for fixing the remuneration may differ, in relation to that period, from the method applicable from the date of the constitution of the city.

The remuneration paid under the first paragraph to an elected officer must be reduced by an amount equal to the amount of any remuneration received from another local municipality during the same period.

2001, c. 25, s. 403; 2001, c. 68, s. 180.

135. Sections 86 to 88.7 have effect until 31 December 2011.

2000, c. 56, Sch. III, s. 135; 2001, c. 25, s. 404.

136. Subject to any provision of an order of the Government made under section 9, 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. III, s. 136; 2001, c. 25, s. 405.

SCHEDULE A

(section 3)

DESCRIPTION OF THE TERRITORIAL LIMITS OF VILLE DE LONGUEUIL

The territory of the former cities of Boucherville, Saint-Bruno-de-Montarville, Brossard, Greenfield Park, LeMoyne, Longueuil, Saint-Lambert and Saint-Hubert comprising, with reference to the cadastres of the parishes of Laprairie de La Madeleine, Saint-Antoine-de-Longueuil, Saint-Bruno, Sainte-Famille-de-Boucherville and Saint-Hubert and the villages of Boucherville and Longueuil, the lots or parts of lots, the blocks and 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: from the apex of the north angle of lot 1 of the cadastre of the parish of Sainte-Famille-de-Boucherville; thence, successively, the following lines and demarcations: southeasterly, part of the line separating the cadastre of the parish of Sainte-Famille-de-Boucherville from the cadastres of the parishes of Varennes and Sainte-Julie to the southeast line of lot 282 of that first cadastre, that line crossing Côte-d’en-Haut road, Marie-Victorin boulevard, Jean-Lesage autoroute, Touraine road and de l’Acier autoroute which it meets; southwesterly, part of the line separating the cadastres of the parishes of Sainte-Famille-de-Boucherville and Sainte-Julie to the apex of the north angle of lot 2 of the cadastre of the parish of Saint-Bruno; generally towards the southeast, the broken line delimiting to the northeast and northwest the lots 2 and 1 of the said cadastre then the extension of the last section of that line to the southeast limit of the right of way of Fer-à-Cheval road (shown on the original); northeasterly, the southeast limit of the right of way of the said road to the northeast line of lot 11 of the cadastre of the parish of Saint-Bruno; with reference to that cadastre, southeasterly, part of the northeast line of the said lot to its meeting point with a perpendicular line above the northeast line of lot 12 and whose point of origin is situated at a distance of 517.15 metres (1,696.7 feet) to the northwest of the apex of the east angle of the said lot, that distance measured along the northeast line of the said lot 12; in lot 11, southwesterly, the said perpendicular line; southeasterly, part of the northeast line of lot 12 to the apex of its east angle; northeasterly, part of the northwest line of lot 18 to the apex of its north angle; southeasterly, the northeast line of the said lot then part of the northeast line of lot 171 to the north line of lot 606 of the cadastre of the parish of Sainte-Julie; easterly, the north line of the said lot; successively, northerly then southeasterly, part of the line separating the cadastres of the parishes of Saint-Bruno and Sainte-Julie to the apex of the northeast angle of lot 268 of the cadastre of the parish of Saint-Bruno; with reference to that cadastre, southerly, the east line of lots 268, 267, 264, 263, 262, 261, 260, 259, 258, 257, 256 then part of the east line of lot 243 to the northwest limit of the right of way of Rang des Vingt road (shown on the original); southwesterly, the northwest limit of the said right of way to its meeting point with the extension to the northwest of the southwest line of lot 397-221 of the cadastre of the parish of Saint-Bruno; southeasterly, the said extension to the southeast limit of the right of way of Rang des Vingt road; southwesterly, the southeast limit of the said right of way to the north limit of the right of way of Sir-Wilfrid-Laurier boulevard; westerly, the north limit of the right of way of the said boulevard to the centre line of the right of way of Rang des Vingt road; in the right of way of the said boulevard, southwesterly, the centre line of the former right of way of the said road to the south limit of the right of way of the said boulevard; easterly, the south limit of the right of way of the said boulevard to the southeast limit of the right of way of Rang des Vingt road; southwesterly, the southeast limit of the right of way of the said road to the north line of lot 387 of the cadastre of the parish of Saint-Bruno; with reference to that cadastre, easterly, part of the north line of the said lot to the west line of lot 387-178; southerly, successively, the west line of the said lot, a curved line in lot 386-1 along the extension of the west line of lot 386-153, that is an arc of a circle with 446.65 metres (1,465.4 feet) radius, then the west line of lots 386-153, 386-154, 385-2 and 385-3; southwesterly, the southeast limit of the right of way of Rang des Vingt road to the apex of the north angle of lot 69A of the cadastre of the parish of Saint-Joseph-de-Chambly; with reference to that cadastre, southwesterly, part of the northwest line of the said lot to the east line of lot 69A-3; southerly, the east line of the said lot; westerly, the south line of lots 69A-3 and 69A-4; northwesterly, the southwest line of lot 69A-4; generally towards the southwest, part of the broken line separating the cadastres of the parishes of Saint-Bruno and Saint-Joseph-de-Chambly to the apex of the south angle of lot 381 of that first cadastre; northwesterly, part of the southwest line of the said lot to the southeast line of lot 81 of the cadastre of the parish of Saint-Hubert; with reference to that cadastre, southwesterly, the southeast line of the said lot then its extension to the southwest limit of the right of way of Chambly road; northwesterly, the southwest limit of the right of way of the said road to the apex of the east angle of lot 89; southwesterly, the southeast line of the said lot, crossing Cousineau boulevard and the right of way of a railway which it meets; generally towards the southwest, part of the broken line separating the cadastres of the parishes of Saint-Hubert and Laprairie de La Madeleine from the cadastre of the parish of Saint-Joseph-de-Chambly then the extension of the southeast line of lot 184 of the cadastre of the parish of Laprairie de La Madeleine to the southwest limit of the right of way of the public road delimiting the said lot to the southwest; with reference to that cadastre, northwesterly, the southwest limit of the right of way of the said road to the south line of lot 185 ; westerly, the south line of lots 185 to 201, 203 to 205 and 207 to 214; northerly, part of the west line of lot 214 to the south line of lot 295; westerly, successively, part of the south line of the said lot, the south line of lots 294 retrograding to 286 crossing the right of way of a railway (lot 670) then part of the south line of lot 285 to the apex of the southeast angle of lot 1139; generally to the southwest, part of the broken line delimiting the said lot to the south and southeast to the centre line of Saint-Jacques river; northwesterly, successively, the centre line of the said river downstream to its mouth then a straight line northwesterly to the centre line of the St. Lawrence River; northerly, the centre line of the said river downstream to its meeting point with a line parallel to the northwest of lot 312 of the cadastre of the parish of Saint-Antoine-de-Longueuil and situated at a distance of 9.144 metres (30 feet) to the northwest of that line; northeasterly, the said parallel line to the southwest limit of the land owned by the St. Lawrence Seaway Authority; northwesterly, the southwest limit of the said land to a point situated at a distance of 457.20 metres (1,500 feet) to the northwest of the northwest line of the said lot 312, that distance measured along the southwest limit of the said land; northeasterly, a line perpendicular to the southwest limit of the land owned by the St. Lawrence Seaway Authority to its meeting point with a line parallel to the said limit and situated at a distance of 45.72 metres (150 feet) to the northeast of that line; northwesterly, the said parallel line to the centre line of the St. Lawrence River; generally to the northeast, successively, the centre line of the said river downstream to its meeting point with an irregular line running midway between the island of Montréal on one side and Île Verte, Île Charron, Île Dufault and the Tailhandier flats on the other side, then the said irregular line to its meeting point with a line perpendicular to the northeast line of lot 1 of the cadastre of the parish of Sainte-Famille-de-Boucherville and whose point of origin is the apex of the north angle of the said lot; lastly, northeasterly, the said perpendicular line to the starting point.

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

SCHEDULE B

(section 11)

I – BOUNDARIES OF THE BOROUGHS OF VILLE DE LONGUEUIL

Boucherville Borough

Corresponds to the territory of the former Ville de Boucherville.

Brossard Borough

Corresponds to the territory of the former Ville de Brossard.

Greenfield Park Borough

Corresponds to the territory of the former Ville de Greenfield Park.

Vieux-Longueuil Borough

Corresponds to the territory of the former Ville de Longueuil

Saint-Bruno-de-Montarville Borough

Corresponds to the territory of the former Ville de Saint-Bruno-de-Montarville less the two parts described below in subparagraphs 1 and 2 plus the two parts of the territory of the former Ville de Saint-Hubert described below in subparagraphs 3 and 4:

(1) A part of the territory of the former Ville de Saint-Bruno-de-Montarville bounded to the east, southwest and west by the limit between the former towns of Saint-Hubert and Saint-Bruno-de-Montarville and to the northeast by the ditch called Décharge des Frênes, corresponding to a part of the current line that separates the cadastres of the parishes of Saint-Hubert and Saint-Bruno fronting on lots 103 to 111 of the cadastre of Paroisse de Saint-Bruno;

(2) A part of the territory of the former Ville de Saint-Bruno-de-Montarville in a triangular shape bounded to the east and southwest by the limit between the former towns of Saint-Hubert and Saint-Bruno-de-Montarville and to the north by a ditch in lot 113-10 and an undivided part of lot 113 of the cadastre of Paroisse de Saint-Bruno, which ditch connects Décharge des Frênes to Ruisseau Massé;

(3) A part of the territory of the former Ville de Saint-Hubert bounded to the west and northwest by the limit between the former towns of Saint-Hubert and Saint-Bruno-de-Montarville, to the southwest by the ditch called Décharge des Frênes in lots 54 and 57 of the cadastre of Paroisse de Saint-Hubert and to the south by another ditch in lot 57 of the said cadastre, which ditch connects Décharge des Frênes to Ruisseau Massé;

(4) A part of the territory of the former Ville de Saint-Hubert bounded to the west and north by the limit between the former towns of Saint-Hubert and Saint-Bruno-de-Montarville, to the northeast and east by the centre line of Autoroute 30 and to the south by a ditch in lot 58 of the cadastre of Paroisse de Saint-Hubert, which ditch connects Décharge des Frênes to Ruisseau Massé, the alignment of the said ditch is extended westerly in the right-of-way of Montée des Promenades and easterly, in the right-of-way of Autoroute 30.

Saint-Hubert Borough

Corresponds to the territory of the former Ville de Saint-Hubert less the two parts described below in subparagraphs 1 and 2 plus the two parts of the territory of the former Ville de Saint-Bruno-de-Montarville described below in subparagraphs 3 and 4:

(1) A part of the territory of the former Ville de Saint-Hubert bounded to the west and northeast by the limit between the former towns of Saint-Hubert and Saint-Bruno-de-Montarville, to the southwest by the ditch called Décharge des Frênes in lots 54 and 57 of the cadastre of Paroisse de Saint-Hubert and to the south by another ditch in lot 57 of the said cadastre, which ditch connects Décharge des Frênes to Ruisseau Massé;

(2) A part of the territory of the former Ville de Saint-Hubert bounded to the west and north by the limit between the former towns of Saint-Hubert and Saint-Bruno-de-Montarville, to the northeast and east by the centre line of Autoroute 30 and to the south by a ditch in lot 58 of the cadastre of Paroisse de Saint-Hubert, which ditch connects Décharge des Frênes to Ruisseau Massé, the alignment of the said ditch is extended westerly in the right-of-way of Montée des Promenades and easterly, in the right-of-way of Autoroute 30;

(3) A part of the territory of the former Ville de Saint-Bruno-de-Montarville bounded to the east, southwest and west by the limit between the former towns of Saint-Hubert and Saint-Bruno-de-Montarville and to the northeast by the ditch called Décharge des Frênes, corresponding to a part of the current line that separates the cadastres from the parishes of Saint-Hubert and Saint-Bruno, fronting on lots 44 to 53 of the cadastre of Paroisse de Saint-Hubert;

(4) A part of the territory of the former Ville de Saint-Bruno-de-Montarville in a triangular shape bounded to the east and southwest by the limit between the former towns of Saint-Hubert and Saint-Bruno-de-Montarville and to the north by a ditch in lot 113-10 and an undivided part of lot 113 of the cadastre of Paroisse de Saint-Bruno, which ditch connects Décharge des Frênes to Ruisseau Massé.

Saint-Lambert/LeMoyne Borough

Corresponds to the territory of former Ville de Lemoyne and former Ville de Saint-Lambert.

II – NUMBER OF COUNCILLORS FOR EACH BOROUGH

Greenfield Park: 3

Saint-Bruno-de-Montarville: 3

Saint-Lambert/LeMoyne: 3

Boucherville: 4

Brossard: 7

Saint-Hubert: 8

Vieux-Longueuil: 14

2000, c. 56, Sch. III-B; O.C. 481-2001, s. 1; 2001, c. 68, s. 181.

SCHEDULE C

(Provisions enacted under section 9)

CHAPTER I

THE CITY COUNCIL

1. At the first meeting following a general election, with the clerk presiding, the city council shall elect, from among its members, a chair that is not the mayor by a 2/3 vote.

2. The council may designate one of its members as vice-chair who will replace the chair when the latter is absent or wishes to take part in the debates. When acting as the chair, the vice-chair has the same privileges obligations as the chair, but is not entitled to the additional remuneration provided for in a by-law adopted under the Act respecting the remuneration of elected municipal officers (chapter T-11.001).

3. The council may, if the mayor so proposes, designate a member of the council who will preside over any committee of the council or executive committee. If the chair is absent or unable to act at a sitting, the members present shall designate one of them who will preside over that sitting.

4. Notwithstanding the Act respecting the remuneration of elected municipal officers (chapter T-11.001), the position of opposition leader is a special position giving rise to additional remuneration in a by-law adopted under section 2 of that Act. The additional remuneration of the opposition leader established in such by-law may not differ from that established for a member of the executive committee.

For the purposes of this section, the opposition leader is the councillor designated by the councillors in the political party with the greatest number of representatives, excluding the party of the mayor. If several parties, excluding that of the mayor, have an equal number of councillors, the opposition leader shall be the councillor designated by the councillors of the party that has received the greatest number of votes for the mayor and councillor positions.

The opposition leader shall be designated by a notice filed with the council by a council of the political party that has designated him and it may be amended at all times. The councillor designated as opposition leader shall quit that position when another councillor is designated for the position, when a notice of resignation is filed with the council or the clerk or when his term as member of the council ends.

5. The council may, at all times, on its own initiative or by request of the executive committee, appoint committees and entrust them with the examination or investigation of any facts, matters or issues that it deems expedient; those committee shall carry out their work and give a report within the time allocated by the council.

CHAPTER II

EXECUTIVE COMMITTEE

6. If the chair and vice-chair of the executive committee are both absent or unable to act, the executive committee may designate one of its members who will exercise the duties and powers of the chair during that time.

7. The appropriations voted by the council, excluding those under the responsibility of a borough council, shall remain at the disposal of the executive committee which shall see that they are used for the purposes for which they were voted, without further approval of the council.

8. The executive committee may establish rules governing transfers of funds or credits already voted as part of an item of the budget where the transfer is equal to or greater than $100 000, excluding budgets administered by borough councils, as well as transfers from the contingency fund. Those rules may provide that the transfers may be authorized by the executive committee, the director general or the director of a service.

9. Communications between the council or a borough council and services shall pass trough the executive committee. In its relations with the executive committee, the council or borough council shall act by resolution.

10. The executive committee may, upon report by the director general establishing its value, donate, sell, alienate, transfer or assign, in the manner determined by it, any property whose value does not exceed $10 000. A report shall be submitted to the council within the 30 following days.

11. In the case of an act of God likely to endanger the life or health of the population, to seriously damage municipal property or to cause financial harm greater than the planned expenditure, the mayor may order any expenditure he considers necessary and grant any contract necessary to rectify the situation.

In such a case, the mayor shall give a substantiated report to the executive committee at the first meeting following his decision. The report shall be filed with the council at its next meeting.

12. The executive committee shall prepare the budget and the three-year capital program which must be submitted to the city council for approval not later than 10 December.

CHAPTER III

HUMAN RESOURCES

DIVISION I

PUBLIC SERVANTS AND EMPLOYEES

13. Upon recommendation by the executive committee, the council shall appoint the director general, the clerk, the treasurer, the assessor, the general auditor, the service directors and the borough directors, and their respecting assistants, where applicable.

14. The executive committee shall appoint the other permanent employees of the city. It may impose disciplinary measures on them, excluding those giving rise to the right provided for in section 72 of the Cities and Towns Act (chapter C-19).

15. The executive committee may temporarily suspend a public servant or an employee appointed by the council. That suspension shall last until the council rules on it at its next sitting.

16. The executive committee shall approve any classification plan and the related remuneration for employees not governed by a collective agreement.

DIVISION II

DIRECTOR GENERAL

17. The city shall always have a public servant called the “director general”.

18. Under the authority of the executive committee, the director general shall be responsible for the management of the city and, to that end, he shall plan, organize, manage and control the activities of the city.

19. Subject to the powers given by the Act to the mayor and the executive committee, the director general shall see to the application of the by-laws, resolutions and contracts and ensure that the funds are used for the purposes for which they were voted.

20. Unless prescribed otherwise, the service directors shall directly answer for the administration of their service to the director general.

DIVISION III

CLERK

21. The clerk is ex officio the secretary of the council, the executive committee and the borough councils. He may also delegate all or part of his powers and obligations to a public servant provided to a borough by the city to act on his behalf in that borough.

22. The clerk is authorized to amend minutes, a by-law, a resolution, an order or another act of the municipal council, of the executive committee or of a borough council so as to correct an error that is obvious just by reading the documents provided in support of the decision or act. In such a case, the clerk shall attach minutes of the correction to the original of the amended document and shall file a copy of the amended document or the minutes of the correction to the municipal council, the executive committee or a borough council, as the case may be.

DIVISION IV

TREASURER

23. The treasurer may delegate all or part of his powers and obligations to a public servant provided to a borough by the city to act on his behalf in that borough.

CHAPTER IV

SPECIAL JURISDICTIONS OF THE CITY COUNCIL

24. The city may

(1) enter into an agreement with telecommunications businesses for the use and occupancy of land belonging to it. Those agreement may, in particular, contain rules respecting the assignment of locations for ground or underground facilities, the sharing of the said facilities and the payment of tariffs, where applicable; and

(2) install, build, hold and operate on its own or by someone else support structures, transportation lines or others related telecommunications facilities and, by agreement, share or lease such equipment in whole or in part.

In this section, the term “telecommunications” has the meaning given by the Telecommunications Act (S.C., 1993, c. 38).

25. The city may enter into an agreement respecting the exercise of its jurisdictions with any school board, regional or local, or a CEGEP; it may then enforce them, exercise the rights and privileges and discharge the obligations provided for therein, even outside its territory.

25.1. The city may enter into an agreement with any private educational institution or any university for the purpose of the joint establishment and use of a fibre optics communications network.

26. Within its jurisdiction, the city may, particularly to promote the cultural, economic and social development of the city and its citizens, negotiate or enter into an agreement with a body representing or managing local or regional, domestic or foreign communities, and take part in their activities.

27. The council may enter into agreement to entrust all or part of the administration, operation and management on its behalf of property belonging to it or used by it and of programs and services within its jurisdiction.

Such an agreement is not subject to sections 573 and 573.3 of the Cities and Towns Act (chapter C-19) if it is entered into with the government, one of its departments, mandataries or agents, with the Communauté métropolitaine de Montréal with a legal person created under section 60.1 of this Act or, where the agreement pertains to the protection or development of the environment, the conservation of resources, recreational activities or community life, if it is entered into with a non-profit organization that the city is authorized to subsidize.

27.1. The first and second paragraphs of section 356 of the Cities and Towns Act (chapter C-19) are replaced, for Ville de Longueuil, by the following paragraphs:

(356) Every by-law, on pain of nullity, must be preceded by a notice of motion given at a sitting of the council and be read at the time of an adjournment or at a sitting held on a later day. No by-law may be adopted by the council until at least one clear day has elapsed after the date on which the notice of motion was given.

The clerk is exempted from reading the by-law if a copy of the by-law was given to each member of the council not later than 48 hours before the sitting at which it is to be approved and if, at that sitting, all the members of the council present state that they have read it and waive the reading of it. In such a case, however, the clerk or the person presiding at the sitting must mention the object of the by-law, its scope, its cost and, where applicable, the mode of financing and payment.

28. The council may, by by-law, provide that the city may claim the refund of expenses incurred by the city because an alarm system is defective, does not function properly or is initiated without reason. It may also determine in what cases an alarm is initiated without reason.

29. The council may, by by-law, regulate or prohibit the use of public beaches and the location of boats in waters within the territory of the city.

30. The council may regulate shops where erotic material is sold or offered for sale. It may also regulate massage parlours.

31. The council may, by by-law, regulate or prohibit any game or amusement on the streets, alleys, sidewalks, public places and property.

32. The council may make by-laws

(1) to order that no newspaper, magazine, periodical, program, brochure or other publication, radio broadcast or advertising, personal or business card, letter paper, sign or poster board may, without its authorization bear, take or use the name of the city, its badge, coat of arms or emblem, nor the name or title of one of its services, or a name or title likely to be confused with that of the city or one of its services, or that may lead to believe that the city or one of its services may benefit therefrom; and

(2) to prohibit the printing, sale, exchange, distribution, broadcasting, possession or use of any newspaper, magazine, periodical, program, brochure or other publication, radio broadcast or advertising, personal or business card, letter paper, sign or poster board made in contravention of this section.

33. The council may make by-laws

(1) to prohibit the littering of brochures, pamphlets, leaflets, fliers, mailers, samples or other advertising on private property and prescribe how they can be disposed of;

(2) to regulate the distribution of advertising on private property, to require distributors to control the manner in which their delivery employees or their subcontractors deliver the advertising or have it delivered;

(3) to require that distributors identify themselves on the delivered advertising; and

(4) to require publicity distributors or their subcontractors to hold a licence for that purpose.

34. The council may make by-laws to give names to private streets or to change their name even if they were given by virtue of some contract or agreement and to prohibit anyone from designate by a name a private street or to give it a name without the city’s approval.

35. The council may cause to be described and entered in a register kept for that sole purpose the streets, alleys, roads and places that are totally or partially public, acquired by the city or open to the public for at least five years. When a street, alley, road or public place is public in part, the registration and description shall be made for that part only.

From that registration, those streets, alleys, roads and places are deemed to be public roads.

The streets, alleys, streets and public places open to the public for at least five years within the boundaries of the cities shall become the property of the city as soon as the following formalities are completed:

(1) the council of the city shall approve the document or documents describing all streets, alleys, roads or public places, or any part thereof, in respect of which the city intends to avail itself of the provisions of this section;

(2) those documents shall be filed with the clerk office of the city and a copy certified as true by a land surveyor shall be filed with the registry office of the land division where the land concerned in located;

(3) the clerk of the city shall publish twice in the Gazette officielle du Québec, with at least three months but not more than four months between each publication, a notice containing

(a) the integral text of this section;

(b) a brief description of the streets, alleys, roads and public places in question; and

(c) a statement that the description provided for in subparagraph 1 was approved and filed in accordance with subparagraphs 1 and 2; and

(4) the notice provided for in subparagraph 3 shall, within 30 days of each publication in the Gazette officielle du Québec, be inserted in a daily or weekly newspaper circulated in the city.

Any right claimed by third parties on the ownership of the land of the said streets, roads and public places appearing in the filed documents is extinguished and prescribed if an action is not instituted before the competent court in the year following the last publication in the Gazette officielle du Québec of the notice provided for in subparagraph 4 of the third paragraph.

At the expiry of those periods, the city shall have a notarial declaration registered in respect of any land concerned, attesting that the above formalities are completed and that the registered deed is conclusive proof that the formalities have been completed. The officer of the registry office is bond to accept the filing of the documents and to register the above-mentioned notarial declaration.

The fact that a street, alley, road or public place is described and registered in the registry office provided for in the first paragraph proves prima facie that the street, alley, road or public place has been open to the public for more than five years.

The city may not avail itself of the provisions of this section in respect of land on which it has levied taxes during the three preceding years.

This section also applies to private streets, alleys and roads but only when they appear as such on the official plan and their owners have been exempt from municipal taxes for at least three fiscal years because of their private nature.

As for public streets, alleys and roads and parks owned by the city, but whose titles contain a restriction on the future use that the city may make of them, the city may be released from those restrictions as follows:

(1) by the publication of a notice of that effect in a newspaper circulated in the territory of the city;

(2) by paying the compensation fixed by the court where the donator or his heirs or successors have exercised their recourses within 12 months of the publication of that notice; if they are not, the city is released.

36. Notwithstanding any provision to the contrary in a general or special statute, the city may dig a tunnel more than 30 feet deep under any land for the purposes of its water and sewer systems.

As soon as the work begins, the city shall become the owner, without further formality or compensation, of the place occupied by the tunnel plus a radius of five feet around it, subject to any damage suit.

In the year following the beginning of the work, the city shall file in its archives a copy of the plan certified by the director of public works and showing the horizontal projection of the tunnel. It shall record that plan by filing two copies with the registry office and the registrar shall mention each lot affected or part thereof in the land register.

Before the beginning of the work, the city shall also notify the owner of the above-mentioned land of the existence of the work and of the provisions of this section.

37. No compensation shall be granted for land intended for the construction or enlargement of a road, street or alley following the cadastral plans filed with the registry office. That destination may be inferred from the site and configuration of the land and the circumstances.

38. The city shall be authorized to acquire by agreement or expropriation any immovable to constitute a land reserve or housing reserve and to carry out related work for those purposes. It may acquire any obsolete immovable or an immovable whose occupancy is a nuisance.

The city is authorized to hold, rent and administer the immovables acquired under the first paragraph. It may also lay out those immovables and install public services therein. It may also alienate them on the conditions it determines. The price shall be sufficient to cover all expenses related to the immovable in question, that is, the purchase price, the amortization and interest on the purchase price, the cost for installing public services, insurance and municipal and school taxes. The alienation is then deemed to be done onerously.

39. Notwithstanding the second paragraph of section 536 of the Cities and Towns Act (chapter C-19), the city may raise its bid up to the amount of the municipal assessment for the purchase of an immovable for municipal purposes.

40. Where a special planning program intended for a urban redevelopment or a consolidation of lots on a part of its territory is in force, including the planning by-laws under that program, the city may carry out any program for the acquisition of immovables provided for in that special planning plan in order to alienate or rent the immovables for purposes specified in the program.

Section 28.2 of the Cities and Towns Act (chapter C-19) applies for the purposes of the first paragraph, with the necessary modifications.

41. The city may, by by-law, on the conditions determined by it and in an old part of its territory where a special planning program for the redevelopment, restoration or demolition of immovables is in force, give a grant to help the work in compliance with that program.

The amount of that grant may not exceed the actual cost of the work.

For the purposes of this paragraph, the council may, by by-law, modulate the rate of its grants depending on whether the recipients are non-profit organizations, housing cooperatives or particulars.

The council may also restrict the eligibility of particulars to the grants, on the basis of the maximum eligible household income, and, for that purpose, define the notion of household income and provide methods for assessing and controlling that maximum income.

The council may, by by-law, require from the applicant for a grant mentioned in the first paragraph:

(1) that he obtain the available grants under federal and provincial programs for the same purposes; and

(2) that he produce a landlord-tenants agreement signed by a majority of the latter, pertaining to the nature of the work to be carried out and any increase in the rents.

Likewise, the council may require that the recipient of a grant prove, in the manner prescribed by the council, that the amounts received as grants are deducted from the cost of the work taken into account in fixing the rents after completion of the work.

Where a grant provided for in the first paragraph is given in consideration of the destination or mode of occupancy of an immovable, the council may also, by by-law,

(1) stipulate that the change in the destination or occupancy of that immovable, within the time fixed by the council but not exceeding nine years, entail the return to the city of the grant awarded in respect of the immovable, in a proportion determined by it in relation to the time elapsed, or that any permit that may be required to change the destination or occupancy will be denied until the grant is returned;

(2) provide that the return of the grant is exigible from any person who owns the immovable; and

(3) prescribe the formalities required to ensure compliance with the requirements of subparagraphs 1 and 2, in particular the signing by the owner receiving the grant of any document establishing the limits imposed on the ownership of that immovable, which may be required for the purpose of registration in the land register and require, where applicable, that the owner receiving the grant proceed with that registration.

The registrar is bound to accept any document mentioned in subparagraph 3 of the seventh paragraph and to register it.

42. The council may regulate or prohibit parking on any land or in any building owned by the city, and the applicable provisions shall be indicated by means of appropriate signs.

The council may fix the expenses to be paid for any moving, towing or storage of a vehicle parked in contravention of a by-law adopted under the first paragraph or a provision of the Highway Safety Code (chapter C-24.2).

In all cases where a vehicle may be moved, towed or stored because of a parking offence, the amount prescribed under the second paragraph may be requested on the statement of offence and collected by the collector in accordance with sections 321, 322 and 327 to 331 of the Code of Penal Procedure (chapter C-25.1).

43. The council may make by-laws to remove or tow any vehicle parked in contravention of traffic and parking by-laws and have it taken elsewhere, for instance to a garage, at the owner’s expense with a stipulation that he may not recover his vehicle until he pays the actual towing and storage costs.

44. The council may make by-laws to prohibit dumps in the city.

Where an offence against such a by-law is committed, the following persons are liable to the punishments provided for therein:

(1) the owner, tenant or occupant of the land;

(2) the owners of the vehicles that are deposited on the land.

The court that pronounce the sentence may, in addition to the fines and costs, order that the trash or vehicles in the dump that were the cause of the offence be removed, within eight days of the sentence, by the owner, tenant or occupant of the land, or by the owners of the vehicles and that, if not done, the trash or vehicles be removed by the city at the expense of the person or persons.

All expenses incurred by the city to remove or cause to be removed the trash or vehicles constitute a charge equivalent to the property tax for the immovable where the trash or vehicles were located, and they may be recovered in the same manner.

For the purposes of this section, the term “dump” means any place where trash is deposited or accumulated and includes automobile graveyards.

45. For the purposes of paragraph 2 of section 463 of the Cities and Towns Act (chapter C-19), all expenses incurred by the city to remove or cause to be removed nuisances or to enforce any measure intended to eliminate or prevent nuisances constitute a charge equivalent to the property tax for the immovable where the nuisances were located, and they may be recovered in the same manner.

46. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15) and the Act respecting municipal industrial immovables (chapter I-0.1), the council may, with the approval of the Minister of Municipal Affairs and Greater Montréal and the Minister of Industry and Trade, give grants to relocate industries within the boundaries of the territory of the city.

47. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), the city may, by by-law, adopt a special development program applicable to the part of its territory described in Schedule II of the Act respecting Ville de Saint-Hubert, which remains in force for that purpose, designated as an airport zone. The second paragraph of section 542.1 and section 542.2 and 542.6 of the Cities and Towns Act (chapter C-19) apply to that program, with the necessary modifications.

The city may, by by-law and with the approval of the Minister of Municipal Affairs and Greater Montréal, change the boundaries of the territory referred to in the first paragraph.

48. The city may, by by-law, adopt a program to grant, on the terms and conditions determined therein, a tax credit conditional on the implementation or enlargement of high technology establishments on the territory described in the sixth paragraph.

For the purposes of this section, the expression “high technology” includes the following fields: aerospace, telecommunications, biotechnology, pharmacology, computer sciences, electronics, micro-electronics, optoelectronics, robotics, optics and laser. That expression refers to a use whose main activity is

(1) scientific or technological research or development;

(2) scientific or technological training;

(3) the management of a technological business; or

(4) the manufacturing of technological products, including scientific research and experimental development activities.

A by-law adopted under this section may not provide for a tax credit lasting more than five years and the period of eligibility for that program may not exceed 31 December 2006.

The tax credit makes up for the increase in property taxes that may result from the re-assessment of the immovables after the work is completed. For the fiscal year in which the work is completed and the two following fiscal years, the amount of the tax credit is the difference between the amount of property tax that would be due had the assessment of the immovables not been modified and the amount of taxes actually due. For the two following fiscal years, the amount of the tax credit shall be 80 % and 60 %, respectively, of the amount of tax credit for the first fiscal year.

The by-law provided for in the first paragraph may not be adopted and applied unless the zoning by-law of the city provides that, in the case of the main activities referred to in subparagraphs 1 to 4 of the second paragraph, the use must include a gross flour area reserved and intended for scientific research and experimental development activities that is equivalent to at least 15 % of the total gross floor area occupied or intended to be occupied by that use. The zoning by-law shall also prescribe that the use whose main activity is one of those provided for in subparagraphs 2 and 3 o the second paragraph may not be authorized for more than 30 % of the territory mentioned in the first paragraph.

The boundaries of the territory mentioned in the first paragraph are the following:

— to the west by boulevard Taschereau, from Route 116 to boulevard Jacques-Cartier ouest (Longueuil borough);

— to the northwest, to the north and northeast by boulevard Jacques-Cartier ouest (Longueuil borough), boulevard Taschereau (Longueuil borough) to the planned boulevard Julien-Lord (Longueuil borough);

— to the northeast, to the north and northwest by the planned boulevard Julien-Lord (Longueuil borough), from boulevard Jacques-Cartier ouest (Longueuil borough) to Chemin de Chambly (Longueuil borough);

— to the northwest by boulevard Vauquelin (limit of Longueuil and Saint-Hubert borough) and its extension to the northeast, from Chemin de Chambly (Longueuil borough) to the limit of the agricultural zone (Saint-Hubert borough);

— to the northeast by the southwest limit of the agricultural zone (Saint-Hubert borough), from the extension to the northeast of boulevard Vauquelin (limit of Longueuil and Saint-Hubert boroughs) to Chemin de la Savane;

— to the northwest by Chemin de la Savane (Saint-Hubert borough), from the southwest limit of the agricultural zone (Saint-Hubert borough) to boulevard Clairevue;

— to the northeast and north by boulevard Clairevue (Saint-Hubert and Saint-Bruno-de-Montarville boroughs), from Chemin de la Savane (Saint-Hubert borough) to Route 30 ;

— to the west by Route 30, from boulevard Clairevue ouest (Saint-Bruno-de-Montarville borough) to Montée Montarville (Saint-Bruno-de-Montarville borough);

— to the north by Montée Montarville (Saint-Bruno-de-Montarville borough), from Route 30 to the power transmission line;

— to the east, to the northeast and southeast by the power transmission line, from Montée Montarville (Saint-Bruno-de-Montarville borough) to boulevard Clairevue ouest (Saint-Bruno-de-Montarville borough);

— to the northeast by the planned Rue La Grande Allée (Saint-Bruno-de-Montarville borough), from boulevard Clairevue ouest (Saint-Bruno-de-Montarville borough) to Rue Marie-Victorin (Saint-Bruno-de-Montarville borough);

— to the southeast by Rue Marie-Victorin (Saint-Bruno-de-Montarville borough), from the planned Rue La Grande Allée (Saint-Bruno-de-Montarville borough) to the rear lots (southwest side) of Croissant Pease (Saint-Bruno-de-Montarville borough);

— to the southwest by the rear lots (southwest side) of Croissant Pease and Rue Pease (Saint-Bruno-de-Montarville borough) and its extension to the southeast, from rue Marie-Victorin (Saint-Bruno-de-Montarville borough) to Route 116;

— to the south by Route 116, from the extension to the southeast of the rear lots (southwest side) of Rue Pease to Boulevard Cousineau (Saint-Hubert borough);

— to the east by boulevard Cousineau (Saint-Hubert borough), from Route 116 to rue Gareau (Saint-Hubert borough), from boulevard Cousineau (Saint-Hubert borough) to the railroad of Canadian National Railways;

— to the southwest by the railroad of Canadian National Railways, from rue Gareau (Saint-Hubert borough) to Route 116;

— to the south by Route 116, from the railroad of the Canadian National Railways to Boulevard Taschereau.

CHAPTER V

MISCELLANEOUS

48.1. Contracts within the jurisdiction of the city council or within the powers of the executive committee shall be signed on behalf of the city by the mayor and the clerk. The mayor may, in writing and generally or specially, authorize another member of the executive committee to sign the contracts in the mayor’s place.

On the proposal of the mayor, the executive committee may, generally or specially, authorize the director general, a department head or another officer it designates to sign contracts or documents of a nature it determines that are within the powers of the executive committee or the jurisdiction of the city council, except by-laws and resolutions, and prescribe, in that case, that certain contracts or documents or certain classes thereof need not be signed by the clerk.

Contracts within the jurisdiction of a borough council shall be signed on behalf of the city by the chair of the borough council and by the clerk or the person he or she designates. The chair of the borough council may, in writing and generally or specially, authorize another member of the borough council to sign the contracts in the chair’s place.

On the proposal of the chair, the borough council may, generally or specially, authorize the borough director, a department head or another officer it designates to sign contracts or documents of a nature it determines within the jurisdiction of the borough council, except by-laws and resolutions, and prescribe, in that case, that certain contracts or documents or certain classes thereof need not be signed by the clerk.

For the purposes of section 53 of the Cities and Towns Act (chapter C-19), the contracts shall be presented by the clerk to the person authorized to sign them under this section. The second paragraph of section 53, however, applies only to contracts that must be signed by the mayor.

49. Sections 1 to 30 and 34 to 37 of the Act respecting Ville de Saint-Hubert (1999, c. 94) continue to apply on the territory described in Schedule I to that Act.

50. Any by-law adopted by the council of the former Ville de Saint-Hubert under section 1 of the Act to amend the charter of the town of Saint-Hubert (1972, c. 83) or by the council of the former Ville de Longueuil under section1 of the Act to amend the charter of the city of Longueuil (1971, c. 101) or sections 13 and 14 of the Act to amend the charter of the city of Longueuil (1982, c. 81), granting an annual pension to any person who sat on the council, shall remain applicable to those persons or their heirs, as the case may be.

51. Municipal by-laws adopted by the council of the former Ville de Longueuil before 1 January 2002, under the special power granted by section 14 of the Act to amend the charter of the town of Jacques-Cartier (1950, c. 102), amended by section 7 of Chapter 60 of the Statutes of 1957-58, authorizing the imposition and levy of a special property tax for 40 years on the immovables in front of which water pipes where buried shall remain in force.

52. The city is authorized to rent all or part of the original lots 156 and 159 of the cadastre of Paroisse de Saint-Antoine de Longueuil, Chambly land division, and the lots without cadastre that it acquired from Her Majesty in Right of Canada, at a price that is sufficient to cover all annual expenses related to those immovables, that is, the amortization and interest on the purchase price, the cost for services, legitimate costs and expenses and municipal and school taxes.

53. The parts of lots 156 and 159 of the cadastre of Paroisse de Saint-Antoine de Longueuil acquired before 1 January 2002 by the former Ville de Longueuil from Her Majesty in Right of Canada may be subdivided and sold by the city in accordance with the statutes governing it. The sale price shall be at least equivalent to the acquisition price plus the cost of services, in which case the sale is deemed to be made onerously.

Any loan by-law adopted in that respect by the former Ville de Longueuil, before 1 January 2002, under the powers granted by section 4 of the Act to amend the charter of the city of Longueuil (1964, c. 84) remains in force.

Monies resulting from those sales shall be used to extinguish obligations taken for the acquisition.

54. Taxation by-laws of the former Ville de Longueuil adopted before 1 January 2002 under the powers granted by section 8 of the Act to amend the charter of the city of Longueuil (1971, c. 101) shall remain in force in the territory for which they were made.

55. The parts of the original lot 156 of the cadastre of Paroisse de Saint-Antoine de Longueuil and any adjacent land without a cadastre before 1 January 2002 acquired by the former Ville de Longueuil from any corporation of the Crown in Right of Canada may be subdivided and sold by the city in accordance with the statutes governing it. The sale price shall be at least equivalent to the acquisition price plus the cost of services, in which case the sale is deemed to be made onerously.

Any loan by-law adopted in that respect by the former Ville de Longueuil, before 1 January 2002, under the powers granted by section 1 of the Act respecting the city of Longueuil (1965, c. 100), amended by section 267 of the Act to amend various legislation respecting municipal finance (1984, c. 38) shall remain in force.

Moneys resulting from those sales shall be used to extinguish obligations taken for the acquisition.

56. Section 3 of the Act respecting the town of Saint-Bruno-de-Montarville (1959-60, c. 157) remains in force on the territory of the former Ville de Saint-Bruno-de-Montarville as it was on 31 December 2001.

57. Section 48 of the Act respecting the city of Saint-Hubert (1991, c. 87) remains in force.

58. By-law 6 of Ville de Saint-Lambert, adopted by the council of Village de Saint-Lambert on 8 September 1896, is declared to be a prohibiting by-law adopted under sections 1094, 1095 and 1096 of the Revised Statutes of Québec of 1888 (Temperance Law). As such, by-laws 6, 300, 646 and 753 of Ville de Saint-Lambert have force of law on the part of the territory of the Saint-Lambert/Lemoyne that was, on 31 December 2001, the territory of Ville de Saint-Lambert. Those by-laws may, anytime and notwithstanding any incompatible provision in any statute, be revoked by the council of the Saint-Lambert/Lemoyne borough or be amended by that council under a by-law that specifies the nature of the licences that the Régie des alcools, des courses et des jeux may issue in the part of the territory of the borough Saint-Lambert/Lemoyne that was the territory of Ville de Saint-Lambert on 31 December 2001.

Any by-law adopted under this section shall be submitted to the approval of voters in the part of the territory of the Saint-Lambert/Lemoyne borough that was the territory of Ville de Saint-Lambert on 31 December 2001 and in accordance with the Temperance Act (R.S.Q., 1964, c. 45).

Notwithstanding the foregoing, the “club” permit provided for in section 30 of the Act respecting liquor permits (chapter P-9.1) and that is issued for the purposes of a golf, tennis, squash, yachting or curling club, and the “reunion” permit provided for in section 33 of that Act, are authorized on all the territory of the Saint-Lambert/Lemoyne that was the territory of Ville de Saint-Lambert on 31 December 2001.

For the purposes of this section, the territory of Ville de Saint-Lambert on 31 December 2001 is described in Schedule A to the letters patent granted to the amalgamated towns of Saint-Lambert and Préville dated 23 April 1969, registered on 25 April of the same year under folio number 1480-57, as amended in the notice given in accordance with section 162 of the Act respecting municipal territorial organization (chapter O-9) dated 9 June 1994 approving by-law 2178 of Ville de Saint-Lambert and providing a description of the territory concerned drawn up by the Minister of Natural Resources on 20 April 1994, and subject to the application of section 284 of the Act respecting municipal territorial organization according to the technical description dated 31 May 2001 prepared by Gilles Lebel, land surveyor, bearing number 13185 of his minutes.

59. The city council shall, not later than 1 July 2002, give a new name to the Longueuil borough.

60. If a provision of this Schedule and a provision in the charter of the city are incompatible, the former shall prevail.

61. No provision of this Schedule, nor any provision maintained in force by this Schedule, may have the effect of restricting the scope of a provision, contained in any statute applicable to the city or any municipality in general or to any of their bodies, for the sole reason that it is similar to such provision but is not written in more specific terms.

O.C. 1310-2001, s. 24; 2001, c. 68, s. 182, s. 183; 2002, c. 37, s. 40, s. 41.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R‐3), Schedule III to chapter 56 of the statutes of 2000, in force on 1 April 2001, is repealed effective from the coming into force of chapter C-11.3 of the Revised Statutes.