C-11.5 - Charter of Ville de Québec, national capital of Québec

Updated to 25 November 2002

This document has official status.

chapter C-11.5

Charter of Ville de Québec

CHAPTER I CONSTITUTION OF THE MUNICIPALITY

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

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

2. The city is a legal person.

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

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

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

5. The city succeeds to the rights, obligations and charges of the Communauté urbaine de Québec and to those of the following municipalities: Ville de Beauport, Ville de Cap-Rouge, Ville de Charlesbourg, Ville de Lac-Saint-Charles, Ville de L’Ancienne-Lorette, Ville de Loretteville, Ville de Québec, Municipalité de Saint-Augustin-de-Desmaures, Ville de Sainte-Foy, Ville de Saint-Émile, Ville de Sillery, Ville de Val-Bélair and Ville de Vanier, as the urban community and municipalities existed on 31 December 2001.

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

2000, c. 56, Sch. II, 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in force in the territory for which they were made until their objects are attained or until they are replaced or repealed in accordance with this Act.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. II, s. 6; 2001, c. 25, s. 309.

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

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

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

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

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

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

If it avails itself of the power provided for in the second paragraph in respect of a debt, the city may not, in establishing the tax burden provided for in section 130.1, charge to the revenues derived from the taxation specific to the non-residential sector in the territory concerned a percentage of the financing of the expenditures relating to that debt that is greater than the percentage corresponding to the quotient obtained by dividing the sum of those revenues by the total revenues provided for in subparagraphs 1 to 7 of the fifth paragraph of section 8.6 and derived 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 forecast in the budget for that fiscal year. However, where a statement comparing the revenues provided for in the budget and those of later forecasts indicates that the budgetary forecasts should be updated, 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 successive statements are filed, the most recent one shall be considered.

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

(1)  revenues from the business tax;

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

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

(4)  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 were the tax itself.

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

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

Are deemed to constitute a surplus or expenditures relating to a debt of a municipality referred to in section 5, respectively, the revenues or costs in relation to legal proceedings or a dispute to which such a municipality or, as the case may be, the city is a party in respect of an event prior to 1 January 2002 that concerns the municipality. The proceeds of the alienation in 2002 of the immovables known as “Domaine de Maizerets” by the city constituted under section 1 to the Commission de la capitale nationale du Québec are deemed to constitute a surplus of Ville de Québec, as the city existed on 31 December 2001.

2000, c. 56, Sch. II, s. 8; 2001, c. 25, s. 310; O.C. 1309-2001, s. 1; 2002, c. 37, s. 61.

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. 311.

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. 311.

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. 311.

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. 311; 2001, c. 68, s. 148.

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. 311; O.C. 1309-2001, 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 also may not 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 forecast in the budget for that fiscal year. However, where a statement comparing the revenues provided for in the budget and those of later forecasts indicates that the budgetary forecasts should be updated, 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 successive statements are filed, the most recent 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 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. 311; O.C. 1309-2001, s. 3.

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

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

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

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

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

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

2000, c. 56, Sch. II, s. 9; 2001, c. 68, s. 149.

CHAPTER II ORGANIZATION OF THE MUNICIPALITY

DIVISION I DIVISION OF TERRITORY

10. The territory of the city is, for the exercise of certain of its fields of jurisdiction, divided into 8 boroughs described in Schedule B.

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

2000, c. 56, Sch. II, s. 10; O.C. 1309-2001, s. 4.

For the purposes of the general election to be held in 2009, this section is amended by replacing “8” in the first paragraph by “six”. (2008, c. 27, s. 1, s. 6).

DIVISION II CITY COUNCIL AND BOROUGH COUNCILS

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

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

12. 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. II, s. 12.

§ 1 . — City council

13. The city council is composed of the mayor and 39 councillors.

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

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

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

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

2000, c. 56, Sch. II, s. 15; 2001, c. 25, s. 312.

§ 2 . — Borough council

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

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

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

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

18. 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 borough chair, the members of the borough council may do so.

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

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

19. 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. II, s. 19; 2001, c. 25, s. 313.

DIVISION III EXECUTIVE COMMITTEE

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

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

2000, c. 56, Sch. II, s. 20.

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

2000, c. 56, Sch. II, s. 21; 2001, c. 68, s. 150.

22. 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. II, s. 22.

23. The executive committee shall determine the place, the dates and the times of its regular meetings.

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. II, s. 23; O.C. 1309-2001, s. 5.

24. 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. II, s. 24.

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

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

2000, c. 56, Sch. II, s. 25; 2001, c. 68, s. 151.

26. 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. II, s. 26.

27. The meetings of the executive committee are closed to the public unless it considers that, in the interest of the city, its proceedings should be public.

2000, c. 56, Sch. II, s. 27; O.C. 1309-2001, s. 6.

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

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

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

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

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

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

31. 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 grant any contract involving an expenditure that does not exceed $100,000.

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

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

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

32. 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. II, s. 32; 2001, c. 25, s. 314.

33. The executive committee may adopt an internal management by-law with respect to its meetings and to the conduct of its affairs. The by-law may provide for the delegation of a power that the Charter, another Act, an order or a by-law confers upon the executive committee, to an officer or employee of the city and determine the conditions and procedures for the exercise of the delegated power.

2000, c. 56, Sch. II, s. 33; 2001, c. 25, s. 315; O.C. 1309-2001, s. 7.

34. 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. II, s. 34.

DIVISION IV WARD COUNCILS AND PUBLIC CONSULTATION

O.C. 1309-2001, s. 8.

35. The city council shall, by by-law, divide the territory of the city into wards within which a ward council may be established. The city council may not modify the boundaries of a ward without first consulting the ward councils concerned.

2000, c. 56, Sch. II, s. 35; O.C. 1309-2001, s. 9.

35.1. The procedure to establish a ward council may be initiated on the application of 300 persons who are electors residing in the ward or who are persons representing a commercial, industrial, institutional or community institution situated in the ward.

The application must be made in accordance with the provisions of the by-law passed under section 35.12 and must be filed with the clerk of the city.

O.C. 1309-2001, s. 10.

35.2. Within 30 days of receipt of an application, the clerk shall verify, prima facie, the qualification and number of applicants and whether the application complies with the by-law under section 35.12. The clerk shall report to the executive committee not later than the first meeting after the expiry of the 30-day period.

The qualification and number of applicants shall be verified by means of the list of electors used in the most recent city polling, the property assessment roll, the roll of rental values or the permanent list of electors established under the Act to establish the permanent list of electors (chapter E-12.2).

O.C. 1309-2001, s. 10.

35.3. If the application complies with section 35.1 and with the by-law under section 35.12, the executive committee shall call a public meeting to decide on the establishment of the ward council and shall publish the notices provided for in the by-law under section 35.12.

O.C. 1309-2001, s. 10.

35.4. A poll must be held at the end of the public meeting called to decide on the establishment of the ward council. Only persons of full age who have resided in the territory of the city for at least 12 months from the date of the filing of the application and who are residing in the ward or the persons of full age who represent a commercial, industrial, institutional or community institution situated in the ward are entitled to vote.

The clerk is responsible for the holding of the poll and must determine, prima facie, whether the persons wishing to vote are qualified by means of the list of electors used in the most recent city polling, the property assessment roll, the roll of rental values or the permanent list of electors established under the Act to establish the permanent list of electors (chapter E-12.2).

If the clerk is unable to ascertain, prima facie, whether a person is qualified to vote, the person must attest his identity and qualification. A person having so attested is entitled to vote.

The clerk shall report the result of the poll to the council at the first meeting following the vote.

O.C. 1309-2001, s. 10.

35.5. The calling and holding of the public meeting to decide on the establishment of a ward council or the holding of the poll are not invalid by reason of the fact that one or more persons did not receive or learn of notices prescribed by the council in the by-law under section 35.12.

O.C. 1309-2001, s. 10.

35.6. Following an affirmative vote of the majority, the council may, by resolution, authorize the establishment of the ward council. Otherwise, the council shall deny the application and no new application may be filed before the expiry of a one-year period.

O.C. 1309-2001, s. 10.

35.7. The resolution authorizing the establishment of the ward council shall indicate the limits of the ward and the legal name of the ward council, which shall be composed of the words “Le conseil de quartier de” followed by the name of the ward.

O.C. 1309-2001, s. 10.

35.8. The head office of the ward council must be situated within the limits of the ward or, with the authorization of the council, may be situated at any place within the city’s territory.

O.C. 1309-2001, s. 10.

35.9. The clerk shall send two certified copies of the resolution authorizing the establishment of the ward council or of any by-law changing the limits of a ward to the Inspector General of Financial Institutions, who shall file one copy thereof in the register instituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45) and send the other copy to the clerk.

O.C. 1309-2001, s. 10.

35.10. From the date of the filing of the resolution or by-law, the ward council shall be a legal person within the meaning of the Civil Code.

O.C. 1309-2001, s. 10.

35.11. Wherever it applies, Part III of the Companies Act (chapter C-38) shall govern the ward council, subject to sections 35.1 to 35.17 and to the council’s by-laws approved by the Inspector General of Financial Institutions.

However, section 98, except paragraphs j and k of subsection 3 and sections 113, 114 and 123 of that Act, with the necessary modifications, shall apply, subject to sections 35.1 to 35.17 and to the council’s by-laws approved by the Inspector General of Financial Institutions.

O.C. 1309-2001, s. 10.

35.12. The city council may, by by-law, establish the application formalities for forming a ward council, in particular, the procedure for the calling and holding of the public meeting to decide on the establishment of the ward council and the duration of and procedure for the polling.

The by-law must at least provide for the publication, once a week for two consecutive weeks, in a newspaper circulated in the city’s territory, of a notice indicating the day, time and place of the holding of the public meeting to decide on the establishment of the ward council.

O.C. 1309-2001, s. 10.

35.13. The council shall determine, by by-law, the formalities for the calling and holding of the organization meeting, the respective responsibilities of the general meeting of the members and of the board of directors of the ward council, the number of members on the board of directors and their term of office, and any matter relating to the organization, operation and dissolution of the ward council. The by-laws must be approved by the Inspector General of Financial Institutions and come into force on the date of the approval.

The council shall approve the internal management by-laws of the ward council.

O.C. 1309-2001, s. 10.

35.14. Within 60 days after a meeting that establishes or changes the address of the head office or the list of directors, the ward council shall send a notice of the new address or list of its directors, as the case may be, to the Inspector General of Financial Institutions, who shall file it in the register.

O.C. 1309-2001, s. 10.

35.15. Persons of full age who reside in the ward and persons of full age who represent a commercial, industrial, institutional or community institution situated in the ward shall be members of the ward council and are entitled to vote.

O.C. 1309-2001, s. 10.

35.16. The city may, on the conditions it determines, grant subsidies to ward councils or assist them financially by means of loans or otherwise.

O.C. 1309-2001, s. 10.

35.17. A ward council must report to the city council and to the borough council on its activities at the time and in the manner prescribed.

O.C. 1309-2001, s. 10.

36. The city council must, by by-law, adopt a public consultation policy. The by-law must indicate the matters in respect of which the city intends to consult as part of its decision-making process and the manner in which it intends to carry out the consultation. The by-law must, in particular, specify the matters to be submitted for consultation to ward councils.

The clerk must, at least 15 days before the meeting at which the council is to pass the by-law or an amending by-law, publish a notice indicating the date, time and place of the council meeting at which the by-law is to be submitted for passage, and indicating that any interested person may be heard in relation to the by-law by the council or by a council committee established for that purpose. The notice must include the main elements of the public consultation policy or the proposed amendments and must indicate where the by-law may be examined or where a copy may be obtained.

The council may establish a committee composed of the members it appoints to hear interested persons and to report to it.

2000, c. 56, Sch. II, s. 36; O.C. 1309-2001, s. 11.

36.1. The city council must consult with the ward council

(1)  on a draft by-law to be put forth at a public consultation meeting under sections 125 to 127 of the Act respecting land use planning and development (chapter A-19.1); and

(2)  on matters listed in the by-law respecting the public consultation policy adopted under section 36.

The ward council may also, on its own initiative, give its advice to the city council or borough council on any other matter concerning the ward.

Notwithstanding the first paragraph, the city council may, by by-law passed with a 2/3 majority of members’ votes, authorize the executive committee to exclude from the ward council’s consultation certain draft by-laws that are to be submitted to public consultation under sections 125 to 127 of the Act respecting land use planning and development.

The by-law must specify the matters referred to in the draft by-laws that will be excluded from the ward council’s consultation and the criteria that the executive committee must take into consideration. The criteria may provide, in particular, that the executive committee may exclude from the ward council’s consultation certain draft by-laws only if, in its opinion, the draft by-law has no impact on or is of little consequence to authorized uses or implementation standards applicable to the areas subject to the draft by-law.

O.C. 1309-2001, s. 11.

DIVISION V 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. II, s. 37; 2001, c. 25, s. 316.

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

2000, c. 56, Sch. II, 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. II, 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. II, 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 any borough and has resided continuously or not in the territory of the city for at least 12 months on 1 September of the calendar year in which a regular election is to be held.

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

DIVISION VI 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. II, 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. II, s. 43; O.C. 1309-2001, s. 12.

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. II, s. 44.

45. Notwithstanding section 42, the borough council may negotiate and agree on the clauses of a collective agreement that relate to the following matters:

(1)  overtime work, except remuneration;

(2)  work schedules, except duration of work;

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

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

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

46. The borough council must send, within 30 days after a notice of negotiation has been received by the addressee or is deemed to have been received in accordance with section 52.2 of the Labour Code (chapter C‐27), a notice to the city and the certified association concerned identifying which of the matters referred to in section 45 it intends to negotiate.

The negotiating stage in respect of matters referred to in section 45 begins once the notice has been received by the certified association.

2000, c. 56, Sch. II, s. 46.

47. Strikes and lock-outs are prohibited in respect of any matter referred to in section 45.

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

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

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

49. An agreement on a matter referred to in section 45 shall be filed at one of the offices of the Commission des relations du travail established by the Labour Code (chapter C-27) in accordance with the first paragraph of section 72 of that Code. The agreement shall take effect in accordance with the provisions of the second paragraph of that section.

2000, c. 56, Sch. II, s. 49; 2001, c. 26, s. 184.

50. If no agreement is reached on a matter referred to in section 45, one party may request the Minister of Labour to appoint a mediator-arbitrator with a view to settling their disagreement.

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

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

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

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

The decision of the mediator-arbitrator is deemed to be an agreement within the meaning of section 49.

2000, c. 56, Sch. II, s. 52.

53. Except on a question of jurisdiction, no action pursuant to article 33 of the Code of Civil Procedure (chapter C-25) may be taken nor any extraordinary recourse within the meaning of that Code be exercised, and no provisional remedy may be ordered against the mediator-arbitrator appointed under section 50.

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

54. Notwithstanding the provisions of section 46, a borough council and a certified association may, at any time, negotiate and agree on the replacement, amendment, addition or repeal of a clause of the collective agreement relating to a matter referred to in section 45.

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

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

DIVISION VII CONSEIL DES ARTS

55. An arts council is hereby established under the name “Conseil des arts de Québec”.

2000, c. 56, Sch. II, s. 55; 2001, c. 25, s. 317.

56. The arts council has the following functions:

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

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

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

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

2000, c. 56, Sch. II, s. 56.

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

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

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

The city council shall appoint, by a decision made by 2/3 of the votes cast and after consulting the bodies the council considers representative of the arts community, members of the arts council and designate a president and two vice-presidents from among the members.

2000, c. 56, Sch. II, s. 58; 2001, c. 25, s. 318.

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

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

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

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

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

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

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

2000, c. 56, Sch. II, s. 61.

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

2000, c. 56, Sch. II, s. 62; 2001, c. 25, s. 319.

63. The fund is constituted of

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

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

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

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

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

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

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

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

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

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

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

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

2000, c. 56, Sch. II, s. 65.

66. 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 65; 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 65, or, where applicable, at least one month before the expiry of the time allowed it to give a notice in accordance with the third paragraph of that section.

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

67. A municipality in respect of which the arts council has jurisdiction pursuant to section 65 is authorized and required to pay into the fund the annual contribution fixed in its regard in accordance with section 66.

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

68. 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 65.

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

CHAPTER III JURISDICTION

DIVISION I GENERAL PROVISIONS

69. 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. II, s. 69.

69.1. 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. 320.

70. 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. II, s. 70.

70.1. 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. 321.

70.2. The borough council shall obtain the authorization of the city council before granting a subsidy to a non-profit body that has instituted legal proceedings against the city.

The city may claim from a non-profit body all or any part of a subsidy used for a purpose other than the purpose for which it was made by the city council or a borough council.

O.C. 1309-2001, s. 13.

71. 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. II, s. 71.

DIVISION II SPECIAL FIELDS OF JURISDICTION OF THE CITY

§ 1 . — General provisions

72. In addition to what is provided in section 69, 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)  disposal and upgrading of residual materials;

(4)  culture, recreation and parks;

(5)  social housing;

(6)  the arterial system;

(7)  air purification;

(8)  water purification and drinking water supply;

(9)  tourist promotion and hospitality;

(10)  the municipal court.

2000, c. 56, Sch. II, s. 72; 2001, c. 25, s. 322.

§ 2 . — Land use planning and development

73. For the purposes of sections 123 to 137 of the Act respecting land use planning and development (chapter A‐19.1), and notwithstanding the third paragraph of section 123 of that Act, a provision likely to lead to the adoption of a separate by-law which, by reason of section 136.1 of that Act, must be submitted for approval to the qualified voters of the whole territory of the city is not a provision making the by-law a by-law subject to approval by way of referendum.

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

74. 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. II, s. 74.

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

2001, c. 25, s. 323.

75. 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. II, s. 75; 2001, c. 25, s. 324.

§ 4 . — Disposal and upgrading of residual materials

76. The city may establish, possess and operate residual materials disposal sites in or outside its territory, regulate the use thereof and sell the energy resulting from the operation of the sites.

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

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

(1)  establish, own and operate

(a)  an establishment for the upgrading of residual materials, in particular by recovery, reuse, recycling, composting and reclamation;

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

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

(d)  a site for burying sludge from septic installations; and

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

2000, c. 56, Sch. II, s. 77.

78. The city may enter into a contract under which it entrusts a person operating a residual materials disposal site with the disposal of residual materials originating in its territory.

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

79. The city may, by by-law, prescribe rules relating to the transport of residual materials between the site where they are collected and the disposal site or the upgrading establishment.

It may also, by by-law,

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

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

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

(4)  establish classes of residual materials;

(5)  determine, among the residual materials, those which may be upgraded or disposed of;

(6)  prescribe procedures for the separation and conditioning of residual materials for the purposes of removal, selective collection or upgrading; and

(7)  determine the management method for residue from residual materials upgrading activities.

The city may prescribe the form and the minimum content of the bill of lading or register.

2000, c. 56, s. Sch. II, s. 79.

80. Any work relating to disposal sites, residual materials upgrading establishments or sites for disposing of residue may, notwithstanding the fourth paragraph of subsection 1 of section 573 of the Cities and Towns Act (chapter C‐19), be carried out by contract awarded at unit price, for a fixed price, on a cost plus basis or on any other basis authorized by the Minister.

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

81. The city may, by means of a contract, grant a franchise to operate one or more of such disposal sites, residual materials upgrading establishments or sites for disposing of residue.

The contract shall be awarded in conformity with section 573 or 573.1 of the Cities and Towns Act (chapter C‐19); however, public tenders may be called for and the contract awarded otherwise than on the basis of a fixed price or a unit price, in which case the contract must receive the prior authorization of the Minister.

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

82. In the exercise of their functions, the officers or employees of the city charged with the application of the by-laws passed under section 79 may, at any reasonable time, enter sites where residual materials are removed, sites for disposing of residual materials or residue, or a residual materials upgrading establishment for the purpose of examining any substance, apparatus, machine, works or installation thereon or therein.

Such officers or employees may also require the production of the books, registers and documents relating to the matters to which such by-laws apply and any other information they consider necessary or useful.

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

83. No person may hinder officers or employees referred to in section 82 in the exercise of their functions, particularly by misleading them or attempting to mislead them by concealment or by misrepresentation.

Such officers or employees shall, if required, identify themselves and produce a certificate, signed by the head of the department concerned, attesting their authority.

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

84. The city may, by by-law, prescribe that an offence under section 83 or a by-law passed under the first paragraph or under any of subparagraphs 1, 3, 6 and 7 of the second paragraph of section 79 shall entail as a penalty a fine, and prescribe the minimum and maximum amounts of the fine, which may vary according to whether the offence is a first or subsequent offence.

The prescribed minimum and maximum amounts shall not exceed

(1)  in the case of an offence under section 83, $300 and $500 respectively for a first offence and double those amounts for a subsequent offence;

(2)  in the case of an offence under subparagraph 6 of the second paragraph of section 79, $100 and $1,000 respectively for a first offence and double those amounts for a subsequent offence;

(3)  in all other cases, $1,000 and $2,000 respectively for a first offence and double those amounts for a subsequent offence.

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

§ 5 . — Culture, recreation and parks

85. 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. II, s. 85; 2001, c. 25, s. 325.

86. 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. II, s. 86; 2001, c. 25, s. 326.

87. From the coming into force of the by-law provided for in section 86, 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. II, s. 87.

88. 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. II, s. 88; 2001, c. 25, s. 327.

89. 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. II, s. 89; 2001, c. 25, s. 328.

90. 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. II, s. 90.

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

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

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

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

2000, c. 56, Sch. II, s. 91.

92. For the purposes of sections 85 to 91, a natural area or a corridor for recreational and sports activities is considered to be a park. However, a corridor to be used exclusively for the purposes referred to in section 91 is governed by that section rather than by the other sections.

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

§ 6 . — Social housing

93. 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. II, s. 93.

§ 7 . — Arterial system

94. 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. II, s. 94; 2001, c. 25, s. 329.

§ 8 . — Air purification

95. The city may, for the purpose of improving the air quality in its territory or conserving or protecting its resources, adopt by-laws promoting the eradication of ragweed, the reduction of the gull population or the treatment of Dutch elm disease or implementing any other environmental protection or resource conservation program.

For such purposes, the city may found and maintain bodies in its territory whose objects are environmental protection and resource conservation, assist in the creation and maintenance of such bodies and entrust to them the organization and management of activities relating to those objects.

2000, c. 56, Sch. II, s. 95.

§ 9 . — Water purification and drinking water supply

96. Subject to the Environment Quality Act (chapter Q‐2), the city, by by-law, may order the carrying out, even outside its territory, of all work for the construction of water treatment plants or works and of water mains and purification works intended to serve its territory.

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

97. The city may pass by-laws to:

(a)  supply drinking water in its territory;

(b)  maintain, manage and operate its drinking water treatment plants or works and its water mains;

(c)  determine the conditions for any connection to its waterworks;

(d)  rent meters, if necessary.

The by-laws adopted under the first paragraph require the approval of the Minister of the Environment.

2000, c. 56, Sch. II, s. 97.

98. The city may, by by-law,

(1)  define and classify waste water and the other substances discharged into a purification works;

(2)  determine standards for the construction, maintenance or operation of purification works, including standards relating to the materials used, and standards relating to the methods to be used for the carrying out of purification work;

(3)  regulate or prohibit the discharge of waste water or of any substance it determines into a purification works or watercourse; for such purpose, establish categories of contaminants or sources of contamination and determine, as regards contaminants, the quantity or maximum concentration authorized in waste water or in substances discharged into a purification works or a watercourse;

(4)  determine the method for computing the quantity of waste water or substances discharged into a purification works; prescribe the use of meters and establish conditions for connection to the purification works of the city;

(5)  require any person or class of persons that discharges waste water or other substances of a category it determines into a purification works to hold a permit issued by the city; exempt from such obligation any person or class of persons it determines; and

(6)  determine the qualifications required of a person applying for a permit, the conditions of issue and renewal of the permit, the information and documents the person must provide and the cases of suspension or revocation of the permit.

A by-law passed under the first paragraph requires the approval of the Minister of the Environment.

2000, c. 56, Sch. II, s. 98.

99. The city may require a person who discharges waste water or other substances into a purification works or watercourse in contravention of a by-law passed under section 98 to carry out, at the person’s expense, the work required to clean or repair, as the case may be, the purification works or to eliminate the harmful or hazardous substances the person has unlawfully discharged into the watercourse, or to reimburse the city for the costs incurred by it for such work.

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

100. The city may

(1)  require that any person discharging waste water or substances into a purification works comply with all or any of the following conditions:

(a)  the construction of a man-hole in conformity with the requirements prescribed by the city, to allow the inspection, sampling, measuring and registration of the quality and flow of the discharged waste water and substances;

(b)  the installation and maintenance in good repair of appropriate equipment for the sampling, analysis, measuring and registration of the quality and flow of the discharged water or substances, in accordance with the methods prescribed by the city;

(c)  the installation and maintenance in good repair of equipment for the treatment or pre-treatment of waste water or substances to be discharged in order to regularize the flow of the discharged waste water or substances or to bring it into conformity with the prescriptions of a by-law passed under section 98;

(d)  the presentation, for approval, of the plans relating to the installation of the equipment referred to in subparagraph a, b or c, and the procedures for the use of such equipment;

(e)  the maintenance of the discharged waste water and substances within an average or maximum concentration or mass of discharged pollutants according to the class of pollutants;

(f)  the presentation of periodic discharge reports indicating the volume and the qualitative and quantitative characteristics of the discharged waste water and substances;

(2)  determine the schedule of execution of the work required

(a)  for the issue, renewal or maintenance of a permit;

(b)  for the prevention or cessation of an offence or a nuisance.

2000, c. 56, Sch. II, s. 100.

101. The city may prescribe the apparatus and methods whose use is recognized for the purposes of an analysis, sampling or computation of concentration.

The city may also fix the duration of a sampling program and of a program for measuring the waste water flow, determine the analysis parameters and require the permit holder to carry out the measuring, sampling or analyses and to provide it with the results thereof. The city may carry out such measuring, sampling or analyses at the person’s expense if the latter fails to provide the city with results it considers satisfactory.

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

102. The city may require a person to take the necessary measures to prevent the discharge into a purification works or watercourse of a substance harmful to humans or to the works or watercourse, and to submit the plans of the required work as well as the operation procedures to the city for approval.

The city may also require a person to notify it in the event of an accidental discharge.

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

103. The city may, by by-law, delegate all or part of the powers conferred on it by sections 99 to 102 to a department head.

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

104. Any decision of the city or, in the case of a delegation, any decision of the executive committee or of a department head made under sections 99 to 102 may be contested before the Administrative Tribunal of Québec. Division XI of Chapter I of the Environment Quality Act (chapter Q‐2), with the necessary modifications, applies to the proceeding.

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

105. In the exercise of their functions, the officers and employees of the city charged with the application of the by-laws passed under section 98 may enter, at any reasonable time,

(1)  any premises where there is or may be any substance, apparatus, machine, works or installation subject to such by-laws;

(2)  any premises where an activity that is subject to such by-laws is or may be carried on.

Such officers or employees may examine the substances, apparatus, machines, works or installations; they may require the production of the books, registers and documents relating to the matters to which such by-laws apply; they may also require any other information they consider necessary or useful.

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

106. No person may hinder officers or employees referred to in section 105 in the exercise of their functions particularly by misleading them or attempting to mislead them by concealment or by misrepresentation.

Such officers or employees shall, if so required, identify themselves and produce a certificate, signed by the head of the department concerned, attesting their authority.

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

107. The city may, by by-law, prescribe that an offence under a by-law passed in accordance with section 98 or under section 105 or 106, or failure to comply with a prohibition, condition or requirement established in accordance with section 99, 100, 101 or 102 shall entail as a penalty,

(1)  for a first offence, a minimum fine of not more than $25,000 and a maximum fine of not more than $500,000, imprisonment for not more than 18 months notwithstanding article 231 of the Code of Penal Procedure (chapter C‐25.1), or both penalties together;

(2)  for a subsequent offence, a minimum fine of not more than $50,000 and a maximum fine of not more than $1,000,000, imprisonment for not more than 18 months notwithstanding article 231 of the Code of Penal Procedure, or both penalties together.

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

108. The city is exempt from the obligation to give security when requesting an interlocutory injunction for the cessation of an offence under a by-law passed under section 98 or under section 105 or 106.

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

109. The city may receive for treatment purposes, from a person other than a municipality, waste water or sludge from septic tanks that originates in its territory or elsewhere.

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

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

110. The city may sell the energy resulting from the operation of water purification works.

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

111. For the purposes of sections 96 to 110, “purification works” means a sewer, a sewer system, a pumping station, a water purification station or any other works used to collect, receive, carry, treat or drain waste water or substances compatible with the purification processes of the city.

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

§ 10 . — Tourist promotion and hospitality

112. The city has jurisdiction to promote tourism and provide for tourist hospitality in its territory.

The city may enter into an agreement with any person or body pursuant to which it entrusts to or shares with such person or body the exercise of the jurisdiction provided for in the first paragraph or of any aspect thereof. Where the person or body has jurisdiction in a territory other than that of the city, the latter may, in carrying out the agreement, also promote tourism and tourist hospitality in that other territory.

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

DIVISION III JURISDICTION OF THE BOROUGH COUNCIL

§ 1 . — General provisions

113. 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. II, s. 113.

114. 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 of the Government under section 9, the borough council shall exercise, on behalf of the city, all the powers within its jurisdiction and is subject to all the obligations assigned to or imposed on the council of a local municipality by the Cities and Towns Act (chapter C-19) or another Act, with the necessary modifications, other than the powers to borrow, to impose taxes 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. II, s. 114; 2001, c. 25, s. 330; O.C. 1309-2001, s. 14; 2001, c. 76, s. 190; 2002, c. 37, s. 62.

§ 2 . — Urban planning

115. For the purposes of sections 123 to 137 of the Act respecting land use planning and development (chapter A‐19.1),

(1)  a public consultation meeting shall be held in each borough concerned by the draft by-law;

(2)  the date, time and place of any meeting shall be fixed by the council of any borough in which a meeting is to be held under subparagraph 1;

(3)  every public consultation meeting shall be presided by the chair of the borough council;

(4)  the notice required by section 126 of that Act shall be posted at the office of the city and at the office of each borough concerned by the draft by-law, and shall state that a copy of the draft by-law is available for consultation both at the office of the city and at the office of each such borough;

(5)  the summary referred to in section 129 of that Act may be obtained at the office of the borough; and

(6)  a notice under section 132 of that Act shall be issued separately for each borough and shall deal only with the provisions of the second draft by-law that are to affect the borough concerned by the notice.

For the purposes of the first paragraph and of the Act respecting land use planning and development, every provision amending a by-law adopted under the Charter of the city of Québec (1929, chapter 95) and repealed by section 177, concerning a matter referred to in section 123 of that Act or in another section of that Act to which that section refers is deemed to be adopted under the corresponding provision of the Act respecting land use planning and development.

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

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

2000, c. 56, Sch. II, s. 116.

117. A borough council having an advisory planning committee may adopt a by-law concerning minor exemptions from the planning by-laws of the city.

Division VI of Chapter IV of Title I of the Act respecting land use planning and development (chapter A‐19.1) applies, with the necessary modifications. In particular, the notice referred to in section 145.6 of that Act shall be published in accordance with the Cities and Towns Act (chapter C‐19) and be posted at the office of the borough.

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

§ 3 . — Fire safety and civil protection

118. 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. II, s. 118; 2001, c. 76, s. 190.

§ 4 . — Removal of residual materials

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

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

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

2001, c. 25, s. 331.

120. 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 75, 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. II, s. 120; 2001, c. 25, s. 332.

§ 6 . — Culture, recreation and borough parks

121. 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 85, except those provided for in section 90.

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 75 provide financial support to bodies whose goal is to organize and foster physical or cultural activity.

2000, c. 56, Sch. II, s. 121; 2001, c. 25, s. 333.

§ 7 . — Local roads

122. 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 94 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. II, s. 122; 2001, c. 25, s. 334.

CHAPTER IV SPECIAL FINANCIAL AND FISCAL PROVISIONS

DIVISION I FINANCIAL PROVISIONS

123. 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. II, s. 123.

124. 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. II, s. 124.

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

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

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

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

126. 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. II, s. 126; 2001, c. 25, s. 335.

127. 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. II, s. 127; 2002, c. 37, s. 63.

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

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

(2)  if the subject of the by-law is the execution of permanent work on 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.

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

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

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

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

2000, c. 56, Sch. II, s. 128; 2001, c. 25, s. 336.

128.1. Notwithstanding the fifth paragraph of subsection 3 of section 474 of the Cities and Towns Act (chapter C-19), where, on 1 January, the city’s budget is not adopted, 1/4 of each appropriation provided for in the budget of the preceding fiscal year is deemed to be adopted. The same rule applies on 1 April, 1 July and 1 October if, on each of those dates, the budget has not yet been adopted.

2001, c. 25, s. 337.

DIVISION II FISCAL PROVISIONS

§ 1 . — Interpretation and general provisions

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

2000, c. 56, Sch. II, s. 129; 2001, c. 25, s. 338.

129.1. 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. 338; O.C. 1309-2001, s. 15.

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

Notwithstanding the foregoing, where a statement comparing the revenues provided for in the budget and those of later forecasts, indicates that budgetary forecasts should be updated, 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 successive statements are filed, the most recent one shall be considered.

O.C. 1309-2001, s. 16.

§ 2 . — Limitation on increases in the tax burden

2001, c. 25, s. 338.

130. The city shall avail itself either of the power provided for in section 130.1 and, if it imposes the business tax, of that provided for in section 130.2, or of the power provided for in section 130.7.

2000, c. 56, Sch. II, s. 130; 2001, c. 25, s. 338.

130.1. 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. 338; O.C. 1309-2001, s. 17.

130.2. 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. 338; 2001, c. 68, s. 152.

130.3. If the city avails itself of any of the powers provided for in sections 130.1 and 130.2, 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. 338.

130.4. Where the increase under section 130.1 or 130.2 does not result solely from the constitution of the city, the maximum shall apply only in respect of the part of the increase that results from the constitution.

2001, c. 25, s. 338.

130.5. If the city avails itself of any of the powers provided for in sections 130.1 and 130.2, 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 130.1 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. 338; 2001, c. 68, s. 153.

130.6. For the purpose of the establishment of the percentage increase referred to in section 130.1 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. 338.

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

The last three paragraphs of section 130.1 and sections 130.2 to 130.6 apply, with the necessary modifications, for the purposes of the limitation on the increase under the first paragraph.

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

2001, c. 25, s. 338; O.C. 1309-2001, s. 18.

§ 3 . — Limitation on decreases in the tax burden

2001, c. 25, s. 338.

131. 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 130.1, the third paragraph of section 130.5 and section 130.6 apply, with the necessary modifications, for the purposes of the limitation on the decrease under the first paragraph.

2000, c. 56, Sch. II, s. 131; 2001, c. 25, s. 338; O.C. 1309-2001, s. 19.

131.1. 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. 338; 2001, c. 68, s. 154.

131.2. If the city does not avail itself of the power provided for in section 131 or 131.1, 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 130.1, the third paragraph of section 130.5 and section 130.6, in the case of a unit of assessment, or the second paragraph of section 131.1, 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. 338; O.C. 1309-2001, s. 20.

§ 4 . — Miscellaneous provisions

131.3. 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 130.1 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 130.1 or subparagraph 1 of the second paragraph of that section as a result of the correspondence rules adopted under the third paragraph of section 130.5.

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. 338; 2001, c. 68, s. 155.

131.4. 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. 338.

131.5. 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. 338; O.C. 1309-2001, s. 21.

131.6. 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. 338; 2001, c. 68, s. 156.

131.7. 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. 338.

CHAPTER V EFFECTS OF AN AMALGAMATION ON LABOUR RELATIONS

132. 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 the Commission des relations du travail under sections 176.5 and 176.9 shall not operate to define the bargaining units with reference to one or more boroughs;

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

(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. II, s. 132; 2001, c. 26, s. 185.

CHAPTER VI TRANSITION COMMITTEE

DIVISION I COMPOSITION AND ORGANIZATION OF THE TRANSITION COMMITTEE

133. 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 nine.

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

2000, c. 56, Sch. II, s. 133.

134. 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. II, s. 134.

135. 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. II, s. 135; 2001, c. 25, s. 339.

136. 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. II, s. 136; 2001, c. 25, s. 340.

137. 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. II, s. 137.

138. 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. II, s. 138.

139. 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. II, s. 139.

140. 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. II, s. 140.

141. 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. II, s. 141.

142. 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. II, s. 142; 2001, c. 25, s. 341.

143. 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. II, s. 143.

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

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

DIVISION II MISSION OF THE TRANSITION COMMITTEE

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

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

DIVISION III OPERATION, POWERS AND RESPONSIBILITIES OF THE TRANSITION COMMITTEE

§ 1 . — Operation and powers of the committee

146. 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. II, s. 146.

147. Subject to the second paragraph of section 153, the transition committee shall, during its term, provide the citizens of the municipalities referred to in section 5 with any information it considers relevant to keep them informed on the carrying out of its mission.

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

2000, c. 56, Sch. II, s. 147.

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

2000, c. 56, Sch. II, s. 148.

149. The transition committee may form any subcommittee for the examination of particular matters, determine its mode of operation and designate the members, including the person who is to chair the subcommittee.

A person who is not a member of the committee may also be designated as a member of a subcommittee.

2000, c. 56, Sch. II, s. 149.

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

2000, c. 56, Sch. II, s. 150.

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

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

2000, c. 56, Sch. II, s. 151; 2001, c. 25, s. 342.

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

2000, c. 56, Sch. II, s. 152.

153. Sections 151 and 152 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 subcommittee and the committee employees are required to ensure the confidentiality of the information obtained under sections 151 and 152.

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

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

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

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

2000, c. 56, Sch. II, s. 154; 2001, c. 25, s. 343.

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

No municipality or body referred to in the first paragraph may prohibit or otherwise prevent its officers or employees from cooperating with the transition committee acting in the pursuit of its mission, or take or threaten to take any disciplinary measure against them for having cooperated with the committee.

Section 123 of the Act respecting labour standards (chapter N-1.1) applies, with the necessary modifications, to any officer or employee who believes he or she has been the victim of a practice prohibited by the second paragraph.

2000, c. 56, Sch. II, s. 155; 2001, c. 25, s. 344.

§ 2 . — Responsibilities of the committee

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

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

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

2000, c. 56, Sch. II, s. 156.

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

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

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

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

2000, c. 56, Sch. II, s. 157; 2001, c. 25, s. 345.

158. 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. II, s. 158.

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

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

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

2000, c. 56, Sch. II, s. 159; 2001, c. 25, s. 346.

160. 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. II, s. 160; 2001, c. 25, s. 347.

161. The transition committee shall, within the time prescribed by the Minister of Municipal Affairs and Greater Montréal, agree with all the certified associations within the meaning of the Labour Code (chapter C‐27) representing the employees in the employment of the municipalities referred to in section 5 and of the urban community on the procedure for the reassignment of those employees as members of the personnel of the city, 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. II, s. 161.

162. If an agreement has not been reached on all the matters referred to in the first and second paragraphs of section 161 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. II, s. 162; 2001, c. 25, s. 348.

163. Subject to section 132, the transition committee shall, for the purposes of sections 176.2 to 176.9 of the Act respecting municipal territorial organization (chapter O‐9), negotiate any agreement on the determination of the future bargaining units with any association referred to in section 176.2 of that Act.

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

2000, c. 56, Sch. II, s. 163; 2001, c. 26, s. 186.

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

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

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

165. 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. II, s. 165; 2001, c. 25, s. 349.

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

2001, c. 68, s. 157.

166. (Repealed).

2000, c. 56, Sch. II, s. 166; 2001, c. 25, s. 350.

167. 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. II, s. 167; 2001, c. 25, s. 351.

168. 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. II, s. 168.

169. 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)  the names of boroughs; and

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

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

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

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

CHAPTER VII TRANSITIONAL AND FINAL PROVISIONS

171. The polling for the first general election in Ville de Québec 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. II, s. 171.

172. 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. II, s. 172.

173. 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 Québec, and hold both offices simultaneously.

2000, c. 56, Sch. II, s. 173; 2001, c. 25, s. 352.

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

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

2000, c. 56, Sch. II, s. 174; 2001, c. 25, s. 353; O.C. 1309-2001, s. 22.

174.1. Any person who is appointed by the transition committee or becomes a member of the personnel of the city in a position involving duties necessary for the holding of a meeting of the city council or of a borough council, for the decision-making of such a council or for the performance of an act that such a council may perform before the date of constitution of the city is deemed to be acting in the performance of duties in respect of those necessary duties performed before the date of constitution of the city.

O.C. 1309-2001, s. 23.

175. 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, 1/4 of each appropriation provided for in the budget prepared by the transition committee is deemed to be adopted. The same rule applies on 1 April, 1 July and 1 October if, on each of those dates, the budget has not yet been adopted.

The treasurer or secretary-treasurer of a municipality referred to in section 5 who is not already required to carry out 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 of the charter of the municipality is required to file, before the 2002 fiscal year budget of the city is adopted, at least the comparative statement on revenues provided for in the said section 105.4.

2000, c. 56, Sch. II, s. 175; O.C. 1309-2001, s. 24; 2001, c. 25, s. 354.

175.1. 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. 355; 2001, c. 68, s. 158.

176. Sections 129 to 131.7 have effect until 31 December 2011.

2000, c. 56, Sch. II, s. 176; 2001, c. 25, s. 356.

177. Subject to any provision of an order of the Government made under section 9, the Charter of the city of Québec (1929, chapter 95) and all special provisions governing a municipality referred to in section 5, except any provision having as its object, in respect of such a municipality, to validate or ratify a document or an act performed or intended to clarify a title of ownership or to confirm or grant the power to acquire or alienate a particular immovable, are repealed from 1 January 2002.

2000, c. 56, Sch. II, s. 177; 2001, c. 25, s. 357.

SCHEDULE A

(section 3)

DESCRIPTION OF THE BOUNDARIES OF THE TERRITORY OF VILLE DE QUÉBEC

The territory of the former Municipalité de Saint-Augustin-de-Desmaures and of the former cities or towns of Beauport, Cap-Rouge, Charlesbourg, L’Ancienne-Lorette, Lac-Saint-Charles, Loretteville, Québec, Sainte-Foy, Saint-Émile, Sillery, Val-Bélair and Vanier including part of the bed of the St. Lawrence River and, with reference to the cadastres of the parishes of L’Ancienne-Lorette, Beauport, Charlesbourg, Notre-Dame-de-Québec, Saint-Ambroise-de-la-Jeune-Lorette, Saint-Augustin, Saint-Colomb-de-Sillery, Sainte-Foy, Saint-Roch-Nord and Saint-Sauveur, the lots or parts of lots and their present and future subdivisions and, with reference to the cadastre of Québec, the lots and their successor lots and the roads, highways, streets, railway rights of way, islands, lakes, watercourses or parts thereof, the whole comprised within the limits hereinafter described, to wit : starting from the meeting point of the centre line of the St. Lawrence River with the extension southeasterly of the line separating the cadastres of the parishes of Saint-Augustin and Pointe-aux-Trembles; thence, successively, the following lines and demarcations: northwesterly, successively, the said extension and the line separating the said cadastres, that line crossing highway 138, the railway right of way (lot 536 of the cadastre of the parish of Saint-Augustin), Félix-Leclerc autoroute and another railway right of way (lot 535 of the said cadastre), then the line separating the cadastres of the parishes of Saint-Augustin and Sainte-Jeanne-de-Neuville; easterly, the broken line separating the cadastre of the parish of Saint-Augustin, the cadastres of the parishes of Sainte-Jeanne-de-Neuville and Sainte-Catherine; generally northwesterly, the broken line separating the cadastres of the parishes of L’Ancienne-Lorette and Saint-Ambroise-de-la-Jeune-Lorette from the cadastre of the parish of Sainte-Catherine to the apex of the west angle of lot 1 of the cadastre of the parish of Saint-Ambroise-de-la-Jeune-Lorette; with reference to that cadastre, generally northeasterly, part of the northwest line of the said cadastre to the apex of the north angle of lot 115; southeasterly, part of the northeast line of lot 115 to the northwest line of lot 328; northeasterly, the northwest line of lot 328, that line extended across the railway right of way (lot 1524) and crossing highways 369 and 573 which it meets ; northwesterly, part of the southwest line of lot 342, the southwest line of lots 341 retrograding to 332 and the southwest line of lot 329 ; northeasterly, the northwest line of lots 329 and 330 ; northwesterly, part of the northeast line of lot 95 of the cadastre of the parish of Saint-Gabriel-de-Valcartier to the southeast line of lot 96 of the said cadastre; with reference to that cadastre, northeasterly, the southeast line of lot 96 extended to the northeast side of highway 371 (Valcartier boulevard) coinciding with the southwest line of lot 296 ; southeasterly, part of the southwest line of lot 296 then the southwest line of lots 304C, 304, 297, 298, 299, 300, 301 and 302; northeasterly, the southeast line of lot 302; northwesterly, the northeast line of the said cadastre to the apex of the west angle of lot 1 025 778 of the cadastre of Québec, that line crossing Sud-Ouest lake and the Nelson river which it meets; with reference to that cadastre, northeasterly, the northwest line of lots 1 025 778, 1 025 795 and 1 025 792; southeasterly, the northeast line of lot 1 025 792 to the southeast side of a private road (du Curé road); southwesterly, the southeast side of the said private road to the southwest line of lot 1 026 246; southeasterly, part of the southwest line of the said lot to the northwest line of lot 1 025 880; northeasterly, the northwest line of lots 1 025 880 and 1 025 864 ; southeasterly, the northeast line of lots 1 025 864, 1 025 865, 1 025 870 and 1 026 232 to the shore of Saint-Charles lake ; generally southeasterly, the northeast shore of the said lake to the apex of the west angle of lot 1 280 030;southeasterly, the southwest line of lots 1 280 030, 1 241 229 then the northeast line of lots 1 026 083, 1 026 089, 1 025 729, 1 025 728, 1 025 723 and 1 025 697 and part of the northeast line of lot 1 025 429 to the northwest line of lot 1 542 367; northeasterly, the northwest line of lots 1 542 367, 1 336 775, 1 336 919, 1 336 975, 1 336 973, 1 336 976, 1 336 980, 1 336 983, 1 336 984, 1 336 794 and 1 336 988 ; northwesterly, part of the southwest line of lot 1 542 284 then the southwest line of lots 1 542 283 retrograding to 1 542 280; northeasterly, the northwest line of lots 1 542 280, 1 336 796, 1 336 799, 1 336 801, 1 336 806, 1 336 826, 1 336 805, 1 336 816 to 1 336 820, 1 336 836, 1 338  90, 1 336 851, 1 338 403 (Talbot boulevard), 1 338 878, 1 338 381 and 1 337 047, those last two lots constituting the right of way of Laurentienne autoroute ; northwesterly, part of the southwest line of lot 1 338 641 then the southwest line of lots 1 337 075 and 1 337 076; northeasterly, the northwest line of lot 1 337 076; northwesterly, part of the southwest line of lot 1 542 211 to the northwest line of the said lot; northeasterly, the northwest line of lots 1 542 211, 1 542 210, 1 542 209, 1 542 212, 1 337 534, 1 338 600 and 1 337 533; southeasterly, the northeast line of lots 1 337 533, 1 337 535 and part of the northeast line of lot 1 337 532 to the northwest line of lot 1 542 216 ; northeasterly, the northwest line of lot 1 542 216; southeasterly, the northeast line of lots 1 542 216, 1 338 540, 1 337 659, 1 337 660, 1 337 661, 1 337 651, 1 337 701, 1 337 703, 1 337 705, 1 337 708, 1 337 709, 1 337 699, 1 337 700, 1 337 710 and 1 542 314, that is to the centre line of the Jaune river; generally southwesterly, the centre line of the said river, along the southeast line of lots 1 542 314 and 1 542 320; southeasterly, successively, the southwest line of lots 1 542 323, 1 542 324, 1 336 746, 1 336 747, 1 336 750 and 1 336 751, the northeast line of lots 2 059 049, 2 059 052, 2 059 055 then the southwest line of lot 1 542 339 ; northeasterly, the northwest line of lot 1 33 398 ; southeasterly, the northeast line of lots 1 338 398 and 1 338 353 and part of the northeast line of lot 1 338 354 to the northwest line of lot 1 338 360; northeasterly, the northwest line of lots 1 338 360 and 1 338 361 ; southeasterly, part of the northeast line of lot 1 338 361 to the apex of the south angle of lot 1 821 307; northeasterly, the northwest line of lots 1 338 361, 1 040 196, 1 040 198, 1 041 297, 1 041 298, 1 041 299, 1 041 233, 1 040 207, 1 041 301, 1 041 569, 1 041 302, 1 041 303, 1 040 427 and 1 040 428 ; northwesterly, part of the southwest line of lot 1 415 293 to the northwest line of the said lot ; northeasterly, the northwest line of lots 1 415 293, 1 415 289, 1 416 419 to 1 416 435, 1 416 156, 1 414 966, 1 414 962, 1 414 964, 1 414 965, 1 414 968, 1 414 967, 1 415 194, 1 415 193, 1 415 192, 1 839 365, 1 415 191, 1 415 190, 1 415 189, 1 415 188, 1 415 180, 1 415 187 retrograding to 1 415 181, 1 416 336, 1 416 335, 1 416 334, 1 416 182 retrograding to 1 416 175, 1 416 157, 1 416 158, 1 416 209, 1 415 299, 1 415 298, 1 415 892, 1 415 886, 1 415 894, 1 416 192, 1 416 191, 1 415 884, 1 415 883, 1 415 896, 1 415 239, 1 415 240, 1 415 237, 1 416 226, 1 415 553, 1 415 303, 1 415 304, 1 415  305, 1 416 150, 1 415 306, 1 415 307, 1 415 308, 1 415 733, 1 415 555, 1 415 556, 1 416 402, 1 415 554, 1 416 306, 1 416 307, 1 416 308, 1 416 309, 1 415 561, 1 416 310 to 1 416 328, 1 415 560, 1 416 098, 1 416 099, 1 416 331 and 1 416 100, the northeast side of that last lot corresponding to the southwest boundary of the cadastre of the parish of Sainte-Brigitte-de-Laval ; southeasterly, successively, the southwest line of the cadastre of the parish of Sainte-Brigitte-de-Laval to the centre line of the Montmorency river, that line extended across Raymond boulevard which it meets, the southwest line of the cadastre of the parish of L’Ange-Gardien in the Montmorency river, the southwest line of lots 271, 272, 273, 274, 275, 276, 277 and 278 of the said cadastre, that last line extended across the Montmorency river, then the southwest line of lots 290 and 291 of the said cadastre, that last line extended to the centre line of the Montmorency river, that centre line separating the cadastres of the parishes of L’Ange-Gardien and Beauport; generally southeasterly, the centre line of the said river to its intersection with the southwest line of lot 334B of the cadastre of the parish of L’Ange-Gardien near the Montmorency falls; southeasterly, the southwest line of lot 334B of the said cadastre and its extension to a line running midway between the northwest shore of L’Île d’Orléans and the northwest shore of the St. Lawrence River; generally southwesterly, the said line running midway to a straight line northeasterly originating from the point of intersection of a straight line running astronomically N 58°00′ E starting from a point situated on the extension southeasterly of the southwest line of lot 1 501 713 of the cadastre of Québec at a distance of 1,859.28 metres from the Legrade geodetic point (No. 67K1111) with a line parallel to the southwest line of lot 1 501 713 of the said cadastre from the intersection of the low-water mark of the St. Lawrence River and the left bank of the Beauport river ; southwesterly, the said straight line to the intersection of the line running astronomically N 58°00′ E with the line parallel to the southwest line of lot 1 501 713, of the said cadastre, such parallel line originating from the intersection of the low-water line of the St. Lawrence River with the left bank of the Beauport river; southwesterly, the said straight line running astronomically N 58°00′ E to its point of origin ; southeasterly, the extension of the southwest line of lot 1 501 713 of the said cadastre to its intersection with an irregular line running midway between the outer facing of the Louise basin wharves and the right shore of the St. Lawrence River; southwesterly, the said irregular line to the centre line of the said river; lastly, generally southwesterly, the centre line of the said river upstream to the starting point.

The territory of the Hôpital Général shall be excluded from the territory of Ville de Québec.

Also excluded from the territory of Ville de Québec is the Wendake Reserve.

2000, c. 56, Sch. II-A; 2001, c. 25, s. 358.

SCHEDULE B

(section 10)

I – BOUNDARIES OF THE BOROUGHS OF VILLE DE QUÉBEC

Borough 1

To the south, the south boundaries of the former Ville de Québec from the centre line of the Saint-Charles river estuary to the east boundary of the former Ville de Sillery.

To the west, successively the east and north boundaries of the former Ville de Sillery to the dividing line between the former cities of Sainte-Foy and Québec; northerly, the dividing line between the former cities of Sainte-Foy and Québec to the centre line of Charest-Ouest boulevard; westerly, the centre line of Charest-Ouest boulevard to the centre line of the Du Vallon autoroute; the centre line of the Du Vallon autoroute northerly to the dividing line between the former cities of Sainte-Foy and Québec; generally easterly, the broken line separating the former cities of Sainte-Foy and Québec to the centre line of Charest-Ouest boulevard; easterly, the centre line of Charest-Ouest boulevard to the centre line of Saint-Sacrement avenue; the centre line of Saint-Sacrement avenue northerly to the centre line of Wilfrid-Hamel boulevard; the centre line of Wilfrid-Hamel boulevard easterly to its intersection with the centre line of the Saint-Charles river, then along the centre line of that river and its estuary to the boundary of the former Ville de Québec.

The territory of the Hôpital Général is excluded from Borough 1.

Borough 2

To the south, the centre line of the Saint-Charles river from the centre line of the Laurentienne autoroute to its intersection with the centre line of Wilfrid-Hamel boulevard; the centre line of Wilfrid-Hamel boulevard westerly to the centre line of Saint-Sacrement avenue; southerly, the centre line of Saint-Sacrement avenue to the centre line of Charest-Ouest boulevard; westerly, the centre line of Charest-Ouest boulevard to the dividing line between the former cities of Québec and Sainte-Foy; generally westerly, the broken line separating the former cities of Québec and Sainte-Foy to the centre line of the Du Vallon autoroute; the centre line of the Du Vallon autoroute southerly to the centre line of Charest-Ouest boulevard; westerly, the centre line of Charest-Ouest boulevard to the centre line of the Henri IV autoroute.

To the west, the centre line of the Henri IV autoroute northerly to the dividing line between the former cities of Québec and Sainte-Foy; successively westerly, northerly and easterly, the dividing line between the former cities of Québec and Sainte-Foy to the south boundary of the former Ville de L’Ancienne-Lorette; successively northerly and easterly, the east and south boundaries of the former Ville de L’Ancienne-Lorette to the centre line of the Henri IV autoroute; the centre line of the Henri IV autoroute northerly to the centre line of Chauveau boulevard.

To the north, the centre line of Chauveau boulevard easterly to the centre line of the Saint-Charles river, then the centre line of the Saint-Charles river northerly to the south boundary of the former Ville de Loretteville; easterly, the south boundary of the former Ville de Loretteville; northerly, the dividing line between the former cities of Québec and Loretteville; successively easterly, southerly, easterly and northerly, the dividing lines between the former cities of Québec and Saint-Émile to the dividing line between the former cities of Québec and Charlesbourg; easterly, the dividing line between the said former cities of Québec and Charlesbourg.

To the east successively, the east boundary of the former Ville de Québec southerly, then in the former Ville de Québec, the centre line of the Laurentienne autoroute to the centre line of the Saint-Charles river.

Borough 3

To the south, the south boundary of the former cities of Sillery and Sainte-Foy.

To the west, the east boundary of the former Ville de Cap-Rouge to the centre line of the Canadian National railway line.

To the north, northerly and easterly, the centre line of the Canadian National railway line crossing the Duplessis autoroute to the centre line of the Henri IV autoroute; northerly, the centre line of the Henri IV autoroute to the centre line of Charest-Ouest boulevard; easterly, the centre line of Charest-Ouest boulevard to the dividing line between the former cities of Sainte-Foy and Québec.

To the east, the dividing line between the former cities of Sainte-Foy and Québec, then successively easterly and southerly the north and east boundaries of the former Ville de Sillery.

Borough 4

The boundaries of the territory of the former Ville de Charlesbourg.

Borough 5

The boundaries of the territory of the former Ville de Beauport.

Borough 6

To the south, the centre line between the Saint-Charles river and its estuary, from the boundary of the former Ville de Québec to the centre line of the Laurentienne autoroute.

To the west, the centre line of the Laurentienne autoroute to the dividing line between the former cities of Québec and Charlesbourg.

To the north, the dividing line between the former cities of Québec and Charlesbourg.

To the east, the dividing line between the former cities of Québec and Beauport to the centre line of the Saint-Charles river estuary.

Borough 7

To the south, successively westerly, northerly and westerly, the dividing line between the former cities of Saint-Émile and Québec to the dividing line between the former cities of Québec and Loretteville; southerly, the dividing line between the said former cities; westerly, the south boundary of the former Ville de Loretteville to its intersection with the centre line of the Saint-Charles river then the centre line of the Saint-Charles river to the centre line of Chauveau boulevard; westerly, the centre line of Chauveau boulevard to the east boundary of the former Ville de Sainte-Foy.

To the west, successively the east and north boundaries of the former Ville de Sainte-Foy to the centre line of the Henri IV autoroute; northerly, along the centre line of the Henri IV autoroute to the south boundary of the former Ville de Val-Bélair; easterly and northerly, the south and east boundaries of the former Ville de Val-Bélair then easterly and northerly, the south and east boundaries of the former Ville de Val-Bélair.

To the north, the north boundary of the former Ville de Québec to its intersection with the north boundary of the former Ville de Lac-Saint-Charles; the north boundary of the former Ville de Lac-Saint-Charles.

To the east, the east boundaries of the former cities of Lac-Saint-Charles and Saint-Émile.

The Wendake Reserve is excluded from Borough 7.

Borough 8

To the south, the south boundaries of the former Ville de Cap-Rouge and the former Municipalité de Saint-Augustin-de-Desmaures.

To the west, the west boundary of the former Municipalité de Saint-Augustin-de-Desmaures.

To the north, the north boundaries of the former Municipalité de Saint-Augustin-de-Desmaures, then northerly, the west boundary of the former Ville de Val-Bélair; thence, the north boundary of the former Ville de Val-Bélair.

To the east, successively southerly, westerly and southerly, the boundaries of the former Ville de Val-Bélair to its south boundary; thence, westerly, the south boundary of the former Ville de Val-Bélair to the centre line of the Henri IV autoroute; southerly, the centre line of the Henri IV autoroute, to the south boundary of the former Ville de Val-Bélair, then in the former Ville de Québec to the north boundary of the former Ville de Sainte-Foy; successively easterly and southerly, the north and east boundaries of the former Ville de Sainte-Foy to the centre line of Chauveau boulevard; easterly, the centre line of Chauveau boulevard to the centre line of the Henri IV autoroute; southerly, the centre line of the Henri IV autoroute to the dividing line between the former cities of L’Ancienne-Lorette and Québec; successively westerly and southerly, the dividing lines between the former cities of Québec and L’Ancienne-Lorette to the north boundary of the former Ville de Sainte-Foy; successively southerly and easterly, the east and north boundaries of the former Ville de Sainte-Foy to the centre line of the Henri IV autoroute; southerly, the centre line of the Henri IV autoroute in the former Ville de Sainte-Foy, to the centre line of the Canadian National railway line, then the centre line of the railway line westerly and southerly, crossing the Duplessis autoroute, to the east boundary of the former Ville de Cap-Rouge; southerly, the east boundary of the former Ville de Cap-Rouge.

II – NUMBER OF COUNCILLORS FOR EACH BOROUGH

Borough 1: 5

Borough 2: 5

Borough 3: 5

Borough 4: 5

Borough 5: 5

Borough 6: 4

Borough 7: 4

Borough 8: 6

2000, c. 56, Sch. II-B; 2001, c. 25, s. 359; 2001, c. 68, s. 159.

SCHEDULE C

(Provisions enacted under section 9)

CHAPTER I

CITY COUNCIL

1. At the first meeting following a general election, which shall be presided by the clerk, the city council must designate a member of the council other than the mayor to preside at its meetings. The mayor shall have a casting vote when participating in a tie vote.

The designated member may refuse the office of city council chair or resign the office.

2. The city council may appoint one of its members as vice-chair to replace the chair when the latter is absent or wishes to take part in proceedings. When acting as chair of the council, the vice-chair has the same privileges and duties as the chair, except the entitlement to additional remuneration provided for in a by-law under the Act respecting the remuneration of elected municipal officers (chapter T-11.001).

3. If the chair and vice-chair are absent from or unable to act at a meeting of the council, the council shall choose one of its members to preside. The clerk shall preside until a chair is chosen.

4. For the purposes of section 331 of the Cities and Towns Act (chapter C-19), “mayor” refers to the “council chair”.

5. Notwithstanding section 56 of the Cities and Towns Act (chapter C-19), at its first meeting the council shall elect an acting mayor from among its members for the term it determines.

The acting mayor has all the duties, privileges and authority of the mayor, except as regards the executive committee, when the mayor is absent or is unable to discharge the duties of that office.

If the council does not elect an acting mayor at its first meeting after a general election or at the expiry of the term for which a member has been elected acting mayor, the election may be held at a subsequent meeting.

The council must immediately fill any vacancy in the office of acting mayor.

6. The mayor is the ex officio chair of all special bodies, commissions or committees of the city and may take part in the proceedings and vote. However, the mayor may move the designation of another council member as chair. If the chair is absent from or unable to act at a meeting, the members present shall designate from among themselves a chair to preside at that meeting.

7. A member of the executive committee, other than the mayor, or a borough chair may be recognized as performing the duties of their office on a full-time basis.

To be so recognized, the executive committee member or the borough chair must perform the duties of councillor and executive committee member or, as the case may be, as borough chair on a full-time basis with the mayor’s consent and file with the clerk a written statement of that fact, together with the mayor’s consent.

If the duties are no longer performed on a full-time basis, the executive committee member or the borough chair, as the case may be, must file a written statement to that effect with the clerk as soon as possible. If the mayor’s consent is withdrawn, the mayor must file a written statement to that effect with the clerk as soon as possible. Upon the filing of either declaration, the executive committee member or the borough chair, as the case may be, ceases to be recognized as performing the duties on a full-time basis.

The clerk shall table before the council any document filed under this section at the first meeting following the filing.

No executive committee member and no borough chair may lease their services or work for any person other than the city and they shall devote their time exclusively to the duties of their offices.

However, the executive committee member or borough chair may, with the authorization of the council, hold an office, with or without remuneration, on the council or on the board of directors or executive committee of a public or parapublic body or of a non-profit body whose purpose is charitable, scientific, cultural, artistic, social or sport.

8. Notwithstanding the Act respecting the remuneration of elected municipal officers (chapter T-11.001), the office of opposition leader is a special position that may give rise to an additional remuneration in a by-law under section 2 of the said Act. The additional remuneration granted to the opposition leader in such a by-law may not differ from the additional remuneration granted to the members of the executive committee.

For the purposes of this section, the opposition leader shall be the councillor designated by the councillors of the political party with the greatest number of elected representatives, other than the political party to which the mayor belongs. If more than one political party, other than the mayor’s, has the same number of elected councillors, the opposition leader shall be the councillor designated by the councillors of the political party, among those political parties, that obtained the greatest number of votes for the office of mayor and the offices of councillors.

Notice of the designation of the opposition leader shall be submitted to the council by a councillor of the political party that made the designation, and the designation may be amended at any time. The councillor designated as opposition leader shall no longer perform the duties of that office when another councillor is designated as opposition leader, when a notice of the resignation of the opposition leader is tabled before the council or filed with the clerk or upon the expiry of the opposition leader’s term as member of the council.

The opposition leader may be recognized as performing the duties of that position on a full-time basis.

To be so recognized, the opposition leader must file with the clerk a written statement attesting that the duties as councillor and opposition leader are performed on a full-time basis. If the duties as councillor and opposition leader are no longer performed on a full-time basis, the opposition leader must file with the clerk a written statement of that fact as soon as possible.

The clerk shall table before the council any document filed under this section at the first meeting following the filing.

Section 7, with the necessary modifications, applies to the opposition leader.

9. Any application, by-law or report submitted to the city council by the executive committee must, except as otherwise provided, be approved, rejected, amended or referred back by a two-thirds majority of the votes of the members present at the meeting.

CHAPTER II

EXECUTIVE COMMITTEE

10. In the event that the chair and vice-chairs of the executive committee are simultaneously absent or unable to act, the committee may designate one of its members to exercise the duties and powers of the chair of the executive committee during that absence or inability.

The executive committee may also designate, if the chair has not already done so, the vice-chair who is to replace the chair in the event that the chair is absent or unable to act.

11. Subject to the jurisdiction of a borough council, the executive committee performs the executive functions of the government of the city and shall report to the city council on any matter that is not under the jurisdiction of the executive committee. The executive committee shall report to the council within 30 days of the adoption of a resolution asking it to report on a matter under the jurisdiction of the council. The executive committee shall inform the council of its decisions and suggestions by means of reports signed by its chair.

12. The minutes of the proceedings and votes of the executive committee shall be entered in a book kept for that purpose by the city clerk. The minutes shall be signed by the clerk and the member who presided at the meeting. Where the latter is not the chair and is unable to sign due to absence, inability to act or vacancy in that member’s office, the chair shall sign in the member’s place.

13. The appropriations voted by the council in a budget, a loan by-law or otherwise, except appropriations that are part of a borough allocation, 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 by the council.

14. The executive committee may establish rules for the transfer of funds or appropriations already voted in a budget item as well as for transfers from the contingency fund, except funds or appropriations of a budget managed by a borough council and any contingency fund that may be part of such a budget. The rules may provide that the transfers may be authorized by the executive committee, the director general or the head of a department.

15. The executive committee shall see that the laws, by-laws, resolutions and contracts under the jurisdiction of the city council are faithfully complied with.

16. The city council and borough councils shall communicate with the departments through the executive committee. In their dealings with the executive committee, the city council and borough councils shall act by resolution. Council members must apply to the director general for information concerning a department.

17. The borough council shall communicate with the head of the administrative units in the borough through the borough manager. However, the borough council may at any time summon the management of the administrative units under its authority to provide any required information.

18. The executive committee shall approve all public calls for tenders in matters under the jurisdiction of the city council.

19. The executive committee may, after a call for tenders, award any contract within the jurisdiction of the city council where the price does not exceed the amount made available to the executive committee for that purpose, except a contract for which only one conforming tender was received.

20. The executive committee may, on a report of the director general, borough manager or head of the department concerned that attests its value, alienate or transfer, in the manner it determines, any property whose value does not exceed $10 000.

21. The executive committee may grant subsidies of $100 000 or less and any form of assistance that does not exceed that amount.

22. The executive committee may authorize, for a limited time and on the specific conditions it shall determine in each case, the occupancy of public or private land or the construction or occupancy of a building contrary to a municipal by-law for the purpose of making a film.

23. On a report of the borough manager or the head of the department concerned stating that public safety is endangered, the executive committee may order the owner of an unoccupied building to have the building kept under watch in accordance with the terms and conditions the executive committee determines.

If the owner fails to comply with the order within 24 hours after it has been served or after a notice has been published in a newspaper if the owner is unknown, untraceable or unidentifiable, the executive committee may have the building kept under watch at the expense of the owner. The expenses thus incurred constitute a prior claim on the immovable in respect of which they are incurred, in the same manner and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code. The expenses are secured by a legal hypothec on the immovable.

24. The executive committee shall dispose of any lost or forgotten property that is held by the city in accordance with the Civil Code.

However, the city may destroy any dangerous lost or forgotten property upon becoming the holder thereof and shall not be required to compensate the owners of the property.

Perishable property may be alienated or destroyed immediately. If it is claimed after alienation, the city shall be liable only for the repayment of the proceeds of the sale, less incurred costs.

25. The executive committee may cause to be sold at auction, after notice in a newspaper circulated in the territory of the city or by public tender, any unclaimed motor vehicle in its possession.

If the vehicle bears a registration plate, it may be sold at the end of 30 days after the police department sends a notice by registered mail to the owner of the vehicle at the last address reported to the Société d’assurance automobile du Québec. However, if the vehicle was manufactured more than seven years previously, that time limit is reduced to 10 days.

If the vehicle bears no registration plate and its owner cannot be identified by other means, it may not be ordered sold before the end of two months after its possession by the city.

If the vehicle has no motor or is fit only for scrap, it may be destroyed without further formality and the owner shall have no recourse.

The owner shall reimburse the city for all costs incurred for the storage and disposal of the vehicle. If it is claimed after the sale, the city shall be liable only for the proceeds of the sale, less incurred costs and other expenses for its conservation.

25.1. The mayor may, subject to section 25.2, appoint up to four councillors responsible for assisting the members of the executive committee as associate councillors. An associate councillor does not sit on the executive committee.

The mayor may at any time replace an associate councillor.

25.2. The number of associate councillors and members of the executive committee shall not exceed the total of 11.

25.3. For the purposes of parades, demonstrations, festivals or special events, the executive committee may prescribe rules or amend the traffic and parking rules that apply to the streets and roads in the city’s arterial road network and to the streets and roads forming the network under the responsibility of the borough councils if more than one borough is concerned, or if the streets and roads in both the city and borough networks are affected.

CHAPTER III

DIRECTOR GENERAL

26. For the purposes of the second paragraph of section 113 of the Cities and Towns Act (chapter C-19) the authority of the director general is that of a mandatary of the executive committee.

27. The director general may attend the meetings of a borough council and shall exercise the powers referred to in paragraph 7 of section 114.1 of the Cities and Towns Act (chapter C-19).

Notwithstanding paragraph 7 of the said section, the director general does not require the permission of the chair of the meeting to give advice and make recommendations on the matters under discussion at meetings of the executive committee.

CHAPTER IV

HUMAN RESOURCES

28. On a report of the executive committee that may not be amended, the city council shall appoint the director general, the clerk, the treasurer, the assessor, the chief auditor, department heads and borough managers and their respective deputies or assistants, as required. Appointments shall be made by a resolution adopted by a majority vote of the council members, except the chief auditor whose appointment must be made by a resolution adopted by a 2/3 majority of the members. The city council may, by a 2/3 majority vote of its members and, in respect of a borough manager, after receiving the advice of the borough council, take disciplinary action against them or suspend or dismiss them.

29. The executive committee shall appoint the other permanent employees of the city. The executive committee may take disciplinary action against the employees, and suspend or dismiss them.

30. Department heads or borough managers may, in accordance with the terms and conditions prescribed by the executive committee and those contained in any applicable collective agreement, determine the hiring, transfer, suspension or dismissal of non regular and non permanent employees of the department or assigned to the borough by the city.

31. For the purposes of the second paragraph of section 52 of the Cities and Towns Act (chapter C-19) and the third paragraph of section 113 of that Act, the suspension shall remain in effect until the city council or the executive committee, according to their respective jurisdictions, at its next meeting, rules on the suspension.

The executive committee may temporarily suspend an officer or employee appointed by the council. The suspension shall remain in effect until the council, at its next meeting, rules on the suspension.

32. If a department head or borough manager to whom the council has not appointed a deputy or assistant is absent or unable to act, the executive committee may appoint a replacement who shall have, during the term of that appointment, all the powers and duties of the department head or borough manager replaced.

If the director general is absent or unable to act, the executive committee shall designate as the director general’s replacement a deputy director general previously appointed by the council or, if that is not possible, another person. That person shall have, during the term of that appointment, all the powers and duties of the director general.

33. The executive committee shall prepare and submit to the council every job classification plan and the related compensation policy.

34. Each job description and classification must be approved by the executive committee. It shall determine the salaries of all the employees of the city except those appointed by the council.

35. For the purposes of section 45 of the Charter, the clauses of a collective agreement relating to the matters referred to in that section may not be negotiated and agreed on by the borough council until a collective agreement has been entered into under section 42 of the Charter.

Every agreement on the matters referred to in the first paragraph is deemed to form part of the collective agreement referred to in the first paragraph.

CHAPTER V

GENERAL POWERS

36. The city council shall, not later than 31 December 2003, adopt by by-law a management framework for the administration of the city. The by-law must, inter alia, state the city’s objectives as to the level and the quality of its services to the public and contain a strategic plan stating its mission, strategic guidelines, results targeted over the period covered by the plan, and the intervals at which it the plan is to be reviewed.

The city’s strategic plan must also state the city’s course of action and the objectives it wishes to reach through its mandatary bodies or agencies or bodies at least half of whose executives are appointed by the city or at least half of whose operating budget is financed by the city.

37. The city may, for the purposes within its jurisdiction and, in particular, for the purpose of promoting the cultural, economic and social development of the city and its citizens, negotiate or enter into an agreement with an agency representing or administering Canadian or foreign local or regional communities. The city may also join associations or groups of persons or agencies representing or administering Canadian or foreign local or regional communities and participate in their activities.

38. The city may give any of its property that is no longer needed. The procedure provided in paragraph 2.1 of subsection 1 of section 28 of the Cities and Towns Act (chapter C-19), with the necessary modifications, applies to the gift.

If the property referred to in the first paragraph is an immovable, the gift also requires the authorization of the Minister of Municipal Affairs and Greater Montréal unless it is a transfer by gratuitous title of a servitude to a public utility, to Her Majesty or to a municipality.

39. The city council or a borough council may enter into agreements to entrust all or part of the administration, operation and management on its behalf of the property belonging to it or which it has the use of and the programs or services within its jurisdiction, with the exception of those concerning traffic, peace, public order, decency and good morals.

The agreements are not subject to sections 573 to 573.3.2 of the Cities and Towns Act (chapter C-19) if they are made with the Government, one of its departments, mandataries or agents, with the Communauté métropolitaine de Québec or, where they relate to environmental protection or development, resource conservation, recreation or community matters, if they are made with a non-profit body to which the city may grant subsidies.

40. Notwithstanding sections 573 and 573.1 of the Cities and Towns Act (chapter C-19), the city may enter into an agreement with a railway company to have work carried out on a railway right-of-way.

41. The city may authorize an agreement with a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), a public utility or a non-profit body for the purchase of equipment or materials, for the awarding of an insurance contract or a contract for the supply of services, or for the carrying out of joint works, whether simultaneous or related to works carried out by such body and, where required for that purpose, make a joint call for tenders to award the contracts.

A party to a joint call for tenders may delegate, to another party all or any of the powers necessary to call for tenders or award the contracts. In that event, the acceptance of a tender by the delegated party shall bind the city and each participating body or enterprise towards the selected tenderer.

The total amount of the contract following a joint call for tenders must be taken into consideration by the delegated party for the purposes of the rules governing the awarding of contracts.

Notwithstanding any contrary provision, any party to a joint call for tenders is subject to sections 573 to 573.3 of the Cities and Towns Act (chapter C-19). The Minister of Municipal Affairs and Greater Montréal may exempt the city, a body or an enterprise from the application of all or some of the provisions.

For the purposes of the first, second and third paragraphs, a borough council in its fields of jurisdiction and the executive committee in respect of other matters may authorize an agreement for the purpose of acting jointly with a body or an enterprise and delegate to that body or enterprise all or any of the powers necessary to make a joint call for tenders. A borough council and the executive committee may also delegate the awarding of contracts within their jurisdictions.

42. The city may, when carrying out works, enter into an agreement with a public utility for the carrying out of works on behalf of the utility and at its expense.

43. The city may enter into an agreement with the General Purchasing Director appointed under section 3 of the Act respecting the Service des achats du gouvernement (chapter S-4) or with a department referred to in the second paragraph of section 4 of that Act for the purchase of equipment or materials, for the awarding of an insurance contract or a contract for the supply of services or for the carrying out of works.

The party responsible for carrying out an agreement under section 43 may, by agreement, delegate that responsibility to the General Purchasing Director appointed under section 3 of the Act respecting the Service des achats du gouvernement or to a department referred to in the second paragraph of section 4 of that Act.

The rules governing the awarding of contracts by the city do not apply to acquisitions made or conditions of acquisition negotiated by the General Purchasing Director or a department in accordance with the regulations under the Public Administration Act (chapter A-6.01).

The city may enter into an agreement for the same purpose with a body referred to in the second paragraph of section 29.9.2 of the Cities and Towns Act (chapter C-19).

The third paragraph of section 29.9.2 of the Cities and Towns Act (chapter C-19) applies, with the necessary modifications, to acquisitions made under an agreement referred to in the first paragraph.

44. The city and the Public Protector may enter into an agreement whereby the city becomes subject to the jurisdiction of the Public Protector.

The agreement may, inter alia,

(1) provide that the expenses incurred in carrying out the agreement will be borne by the parties in the proportion determined in the agreement;

(2) fix the term of the agreement and, where appropriate, stipulate the terms and conditions for its renewal;

(3) contain any other particular necessary for its implementation.

For the purposes of an agreement under the first paragraph, the Public Protector shall exercise, in respect of the city, the powers conferred on him by the Public Protector Act (chapter P-32), with the necessary modifications.

45. The city and a contiguous municipality have authority to make arrangements for the carrying out of works of any kind, including maintenance, snow removal and widening operations, in the public streets or public squares situated partly in the territory of the city and partly in that of the other municipality or entirely in one or the other but bordering their common boundary.

The city and the municipality have authority to apportion among their respective ratepayers their share of the cost of such works, including expropriations and all incidental expenses, in the same manner and with the same effect as if the work had been carried out within their own boundaries.

Failing an arrangement, the city or the municipality may apply to the Commission municipale du Québec to compel the other to carry out or pay for the works in the proportion determined by the Commission municipale du Québec.

46. The city has all the powers required to carry out the duties and obligations under any agreement between the city and the Gouvernement du Québec or any of its departments, agencies or mandataries or the Government of Canada, a department or agency of the Government of Canada in respect of an agreement exempt from the application of the Act respecting the Ministère du Conseil exécutif (chapter M-30) to the extent that the powers required for the carrying out of the duties are included in those that the Government may delegate to a municipality.

47. The city and Université Laval may enter into an agreement providing that the city by-laws relating to traffic, parking or public safety shall apply throughout the territory of Université Laval.

An agreement under the first paragraph prevails over any provision of a general law or special Act.

48. Streets and land in the territory of the city administered by the National Battlefields Commission are considered, for the purposes of the Charter, an order under section 9 of the Charter or a city by-law, to be streets and public land of the city upon publication of a resolution to that effect adopted by the city and the National Battlefields Commission in a newspaper circulated in the territory of the city.

To be applicable, the provisions of the Charter, of an order under section 9 of the Charter or of a city by-law, as well as the places where they apply must be specified in the resolution.

This application shall terminate upon repeal of the resolution by the city or the National Battlefields Commission.

49. The city may require the owner, tenant or occupant to pave or landscape land used as a parking lot in a part of the city targeted in a district restoration, improvement or renovation assistance program if not less than 25 % of the cost of the paving or landscaping work is covered by an assistance program.

The city may order that if the owner, tenant or occupant of the lot refuses or fails to carry out the work, the city may do so and recover the cost, less the grants under the assistance program. The cost constitutes a prior claim on the land in respect of which they were incurred in the same manner and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code. The cost is secured by a legal hypothec on the land.

50. The city may, for municipal purposes and with the consent of the owner, carry out development, restoration, improvement or renovation work on any lane or private immovable generally accessible to the public, except a private road, and situated near a street, lane, public square or park in respect of which such work is being carried out by the city, or situated in a part of the territory of the city in which an intervention or revitalization program is in effect.

The city may maintain the work thus carried out and grant a tax credit to the owner of an immovable in respect of which such work is carried out in order to compensate for the increase in property tax that may result from the re-assessment of the immovable after the completion of the work.

The city may order, where the owner or administrator of a lane refuses or fails to agree to the carrying out of development, drainage, maintenance or paving work in the lane and the persons holding, as owners, more than 50 % of the total property value of the immovables adjacent to the part of the lane in which the work is to be carried out have so agreed, that the city may carry out the work and recover the cost thereof, less any grants under an assistance program. The cost constitutes a prior claim on the land on which the work was carried out.

The cost of the work carried out on a part of a lane of which the Public Curator assumes provisional administration pursuant to section 24 of the Public Curator Act (chapter C-81) may not be claimed from the Public Curator.

The cost of the work, other than the cost of the work carried out on a part of a lane of which the Public Curator assumes provisional administration, constitutes a prior claim on the land on which the work was carried out in the same manner and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code. The cost is secured by a legal hypothec on the land. The Public Curator may not be held liable for injury resulting directly from the carrying out of work in accordance with the third and fourth paragraphs.

51. The city may, with the consent of the owner, plant and maintain trees, shrubs and other plants on private property, in the parts of the territory of the city and on the conditions it determines.

52. The city may, by by-law, adopt a grant program for the acquiring, planting and maintaining of trees, shrubs and other plants on the conditions and in the parts of the territory of the city it determines. The grants may be uniform or may vary in the different parts of the territory of the city.

53. The city may order that no person may, without its authorization, use the corporate name of the city, its escutcheon, arms or coat of arms, or the name or title of any of its departments or a name or title likely to be confused with that of the city or of one of its departments.

54. The city may offer street parking spaces for rent exclusively to certain persons.

55. The city may establish and maintain a non-profit body in its territory having as its purpose the management and maintenance, in accordance with an agreement entered into with the city, of all or any part of a corridor for recreational and sports activities, paths or lanes reserved for bicycle riding or other modes of locomotion listed in section 91 of the Charter or entrust by agreement all or any part of that responsibility to any other non-profit body. The city may grant such a body the funds necessary for the fulfilment of its obligations under the agreement.

56. (1) On the application of persons holding, as owners, immovables representing more than 50 %, in property value, of the total value of the immovables adjacent to a private lane or any part of a private lane, the city may install and operate, in that lane or part of lane, a lighting system connected to the public network.

The city shall, by by-law, impose a special property tax on the owners of the adjacent immovables based on the municipal assessment or on any mode of tariffing in accordance with Division III.l of Chapter XVIII of the Act respecting municipal taxation (chapter F-2.1) to cover the cost of installing such a lighting system.

The city may also impose such a mode of tariffing to recover from the owners of the serviced immovables the cost of operating the lighting system.

(2) For the purpose of installing a lighting system in a private lane under subsection 1, the city may, notwithstanding any provision to the contrary, enter in and upon any immovable without any formality other than those prescribed in the second and third paragraphs of this section and subsection 3. The city becomes the holder of a servitude on the area of land occupied by the lighting system and of a servitude of right of way on the lane for the purpose of maintaining the lighting system once it has been installed.

At least 30 days before the beginning of the work, the city shall notify the owner of the lane of the approximate date and nature of the work and of the content of this section and shall give the owner a provisional plan of the site of the work.

Within 60 days following the end of the work, the city shall give the owner a copy of the plan and technical description prepared by a land surveyor in accordance with the rules respecting the publication of rights, showing the exact location of the installations together with a description of the servitude. The city shall, by way of a notice describing the immovable concerned, request publication of the plan and of the technical description relating thereto at the registry office. The registrar shall make an entry for the lighting system servitude and the servitude of right of way under the number of each lot referred to in the notice. The immovable becomes encumbered by the servitudes in favour of the city from the date of registration.

(3) The owner of an immovable encumbered by a servitude established under subsection 2 may claim an indemnity from the city within the year following the sixtieth day after the completion of the work.

Failing agreement, the Administrative Tribunal of Québec shall fix the indemnity upon the application of the owner or the city and sections 58 to 68 of the Expropriation Act (chapter E-24) apply, with the necessary modifications.

57. Notwithstanding the Act respecting municipal industrial immovables (chapter I-0.1), the city may alienate, for purposes other than industrial, para-industrial or research purposes, the immovables described in the Schedule to chapter 85 of the Statutes of 1966 which remains in force solely for the purposes of this section.

58. On an application by the city, the Lieutenant-Governor, on such conditions as are set forth therein, may issue letters patent under the Great Seal of the Province constituting a non-profit body having as its purpose the acquisition of residential buildings for persons or families other than those of low or moderate income contemplated in section 57 of the Act respecting the Société d’habitation du Québec (chapter S-8), the leasing, management and restoration of buildings thus acquired, the acquisition of land and the construction of new housing.

The application must mention the name of the new body, the location of its head office, its powers, rights and privileges and the rules governing the exercise of its powers and the appointment of its members or member and directors. The name of the body must indicate that it is a municipal housing corporation.

Notice of the issue of the letters patent must be published in the Gazette officielle du Quebec.

A body so constituted has, among other powers, those of a legal person constituted by letters patent under the Great Seal of the Province, is a mandatary of the city and is deemed to be a municipality for the purposes of the Act respecting the Ministère du conseil exécutif (chapter M-30). The Government, one of its bodies or any other interested person may participate jointly with the city in the establishment and management of that body.

59. (1) The city may promote the construction, renovation or restoration of buildings and acquire, renovate, restore, construct, sell, lease or administer immovables.

The city may also promote employment development, housing development and the economic development of the city in general.

For the purposes referred to in this subsection, the city may, inter alia, participate in any venture capital investment fund, become associated with any person, partnership or association, give grants or financial assistance in the form of loans or otherwise.

(2) The city may also apply for the establishment of a non-profit body having as its purpose the exercise of the powers granted to the city under subsection 1. The said body may also exercise the powers of a body referred to in section 58.

The body must submit to the council for approval any project for the acquisition, renovation, restoration or construction of an immovable involving a capital expenditure in excess of $1 000 000.

The body requires the approval of the council before selling an immovable it owns.

The body has authority to order any disbursement that does not exceed $100 000.

The authorization of the council is required for any expenditure in excess of $100 000.

The body shall be established in accordance with the procedure under section 58. It is deemed to be a municipality for the purposes of the Act respecting the Ministère du Conseil exécutif (chapter M-30). The Government, one of its bodies or any other interested person may participate jointly with the city in the establishment and administration of that body.

60. The city may apply for the establishment of a non-profit body with whom it may enter into an agreement referred to in the second paragraph of section 112 of the Charter.

The body shall be established in accordance with the procedure under section 60. It is deemed to be a municipality for the purposes of the Act respecting the Ministère du Conseil exécutif (chapter M-30).

61. The bodies referred to in sections 58 to 60 shall, not later than 31 March each year, report to the executive on their activities for their preceding fiscal year. The report must also contain all the information required by the executive committee. It shall be tabled at the first meeting of the council following the thirtieth day after its receipt by the executive committee.

Those bodies must at all times provide the executive committee with any information it may require on their operations.

The city may grant loans to the bodies referred to in sections 58 to 60 for the carrying out of their activities. It may also, for the same purpose, grant subsidies to them, remit the loans granted before 12 June 1984 or secure the obligations contracted by them. For those purposes, the city may appropriate a determined sum out of its annual budget, appropriate any subsidy received or borrow by means of a bond issue or otherwise.

The bodies referred to in sections 58 to 60 are mandataries of the city and the latter may, by resolution, entrust them with specific mandates. No body to which a mandate has been entrusted by the city may exceed its mandate or engage in activities that are not included in its mandate unless it has received the specific authorization of the council. Every act or deed performed without such an authorization is null and void.

The bodies referred to sections 58 to 60 may not amend their letters patent or supplementary letters patent without the approval of council.

Sections 573 to 573.3.4 of the Cities and Towns Act (chapter C-19) apply to the bodies referred to in sections 58 to 60, with the necessary modifications, and those bodies are deemed to be local municipalities for the purposes of the regulation made under section 573.3.0.1 of that Act.

62. The city council may hold exhibitions and appoint a commission accountable to it to organize and administer the exhibitions. The commission shall be composed of members appointed in the manner provided in the first paragraph of section 70 of the Cities and Towns Act (chapter C-19) and in section 7. The director general and the treasurer, or the persons designated by them, are ex officio members of the commission.

Notwithstanding any general law or special Act, the immovables forming part of the Parc de l’Exposition Provinciale may be used and operated for all purposes conducive to maximum profitability. The commission may, inter alia,

(1) operate and administer a race track, including any pari mutuel system and, more specifically, the race track presently on its grounds;

(2) promote, operate or organize, alone or with others, commercial, sports, recreational, artistic, or cultural activities or that are in the public interest;

(3) with the approval of the council, enter into agreements with any person for the purpose of exercising all or any of its powers;

(4) at the request of the council, exercise its powers in respect of any other immovable in the possession of the city;

With the approval of the council, the commission may grant financial assistance to any person for the purpose of promoting the development of sport, recreation, art, letters and science.

The commission may make any disbursement that does not exceed $100 000.

Expenditures in excess of $100 000 require the authorization of the executive committee and the council.

The commission may also lease all or any of the immovables it administers; however, any lease for a term greater than 12 months requires the authorization of the executive committee and the council.

The commission may, by resolution, adopt rules of procedure and internal management and appoint an executive committee and determine its powers. The resolution does not become effective until it receives the approval of the council.

CHAPTER VI

REGULATORY POWER

63. Notwithstanding the second paragraph of section 356 of the Cities and Towns Act (chapter C-19), the reading of a by-law is not required if a motion to dispense with the reading is made at the same time as the notice of motion and if a copy of the proposed by-law is immediately given to the council members present and given to the other members no later than two juridical days before the meeting at which it is to be passed.

64. The city may authorize, by by-law, the police chief or any other officer designated in the by-law to prohibit parking on certain streets or parts of streets during public thoroughfare maintenance operations. The by-law must prescribe the appropriate means and a time limit for the chief of police or police officer to make announcements before the commencement of the maintenance operations. Appropriate means include the erection of signs, in the places determined by the executive committee or the borough council concerned, indicating the means of obtaining information on the maintenance operations where telephone, radio or television messages or any other similar media are used to transmit the information or the means of obtaining it.

When parking is prohibited, a constable may have any contravening vehicles towed or moved to any place the constable determines, including other streets or another place on the same street.

65. The city council may pass a by-law concerning the construction, installation or setting of cellar vent-holes. The by-law may require the owners of such vent-holes to provide them with iron gratings, or in the event of their failure to do so, to hold the city harmless against any claim for damages arising from the breaking of windowpanes by the snow ploughs or other machinery or equipment used by the city or its contractors.

66. The city council may pass a by-law to impose rules of conduct and discipline on the owners and drivers of animal-drawn vehicles used for the transport of passengers in the territory of the city and to require them to obtain a licence or permit, as the case may be. The by-law may limit the number and determine the cost of such licences or permits, determine the streets or routes the drivers of such vehicles must use and fix the tariffs they may charge, prescribe the hours during which the vehicles may operate, the places where they may park and the parking rates, and require mandatory passenger insurance.

The owner or driver of such a vehicle may be prosecuted for any violation of a by-law under this section.

The city may build, maintain, administer, on its own or in cooperation with another person or body, and regulate the use of one or more public stables to stable the horses used to transport passengers in the territory of the city. The city may, by by-law, require the horse owners or keepers to stable their horses in such a community stable.

The city may also enter into agreements with a person or body authorizing the person or body for the enforcement of a by-law or any part of a by-law under this section. For that purpose, the person or the body and its employees, as the case may be, are deemed to be municipal officers.

67. The city council may pass a by-law concerning painters or portrait artists on the public property of the city. The by-law may establish classes of painters or portrait artists and may, inter alia, in respect of one or more classes,

(1) require that painters or portrait artists obtain a permit;

(2) prescribe as one of the conditions for obtaining a permit that painters or portrait artists be members of an association recognized by the city;

(3) impose rules of conduct and discipline on painters or portrait artists;

(4) determine the places, dates and hours where and when painters or portrait artists may engage in their activities;

(5) prescribe the areas painters or portrait artists may occupy; and

(6) prescribe the process or methods that may be used for producing the works offered for sale and the maximum number of copies of a single work.

The city may entrust the enforcement of the by-law to a third party.

68. The city council may pass a by-law concerning the exhibition and sale of artistic works or handicraft on the public property of the city. The by-law may establish classes of artists, artisans or agents and may, inter alia, in respect of one or more classes,

(1) require that artists, artisans or agents obtain a permit;

(2) prescribe as one of the conditions for obtaining a permit that artists, artisans or agents be members of an association recognized by the city;

(3) impose rules of conduct and discipline on artists, artisans or agents;

(4) determine the places, dates and hours where and when artists, artisans or agents may engage in their activities;

(5) determine the types or classes of products, objects or works that may be offered for sale or exhibited and the process or methods that may be used to produce the works, which may vary according to the types or classes.

The city may entrust the enforcement of the by-law to a third party.

69. The city council may pass a by-law concerning the activities of public entertainers on the public property of the city. The by-law may establish classes of public entertainers and may, inter alia, in respect of one or more classes,

(1) require that public entertainers obtain a permit;

(2) prescribe as one of the conditions for obtaining a permit that public entertainers be members of a association recognized by the city;

(3) impose rules of conduct and discipline on public entertainers;

(4) determine the places, dates and hours where and when public entertainers may engage in their activities;

The city may entrust the enforcement of the by-law to a third party.

70. The city council may pass a by-law concerning guides or chauffeur-guides. The by-law may, inter alia,

(1) require that guides or chauffeur-guides obtain a permit;

(2) impose rules of conduct and discipline on guides and chauffeur-guides;

(3) determine the maximum amount that guides or chauffeur-guides may charge clients for their services.

71. The city council may pass a by-law to prohibit vehicle drivers from parking or leaving their vehicles on private residential property unless authorized by the owner or occupant of the property or on a lot owned by the city or any of its bodies, mandataries or agents wherever public parking is prohibited. The by-law may provide for the towing and impounding of the vehicles at the expense of their owners and require a prior written complaint about the offence by the owner or occupant of the property or the owner or occupant’s representative.

72. The city council may pass a by-law to regulate, restrict or prohibit the traffic of heavy vehicles, buses and minibuses within the meaning of the Highway Safety Code (chapter C-24.2), or certain classes thereof, on the basis of the reason for their travel. The by-law may, inter alia,

(1) prescribe that a licence be held to travel within the part of its territory classified as a historic district;

(2) prescribe different rules for the different classes of vehicle users; and

(3) prescribe rules to limit access to the part of its territory described in subparagraph 1 of this paragraph according to the day or time of day.

The city council may exercise the powers described in the first paragraph, in respect of bus or minibus traffic, solely in the part of the territory of the city classified as a historic district. The city council may exercise the same powers, in respect of heavy vehicles, solely in the part of the territory of the city classified as a historic district comprised within the boundaries described in Schedule 2 to the Charter of the city of Québec (1929, chapter 95), enacted by section 54 of chapter 93 of the Statutes of 1999, which remains in force solely for the purposes of this section.

Without limiting the scope of section 627 of the Highway Safety Code, every by-law under this section requires the approval of the Minister of Transport before coming into force.

Notwithstanding the preceding paragraph, a by-law under this section comes into force at the end of 60 days after the Minister of Transport receives a request from the city for approval of the by-law if, by that date, the city has not received a reply.

73. A borough council may, in a by-law under paragraph 10 of section 413 of the Cities and Towns Act (chapter C-19), regulate the keeping, deposit, storage, removal, collective selection of residual materials and reusable or recyclable matter. The city council may regulate the disposal, elimination, salvage and treatment thereof. Within their respective jurisdictions, a borough council and the city council may establish the conditions for obtaining and maintaining the licence and for its suspension and revocation. A by-law under this paragraph may prescribe the rules, standards and operating procedures for the prevention or control of fire, odours, gas emissions, noise, air pollution or the pollution of run-off or lixivial water, and any other nuisance.

A by-law under the first paragraph requires the approval of the Minister of the Environment before coming into force. Notice of the approval must be published in the Gazette officielle du Québec.

74. The city may, by by-law, prohibit or regulate the collection and removal of refuse and residual materials or recyclable matter by any person other than the city prescribe the manner of disposing thereof.

75. The city council may also, in a by-law under paragraph 13 of section 460 of the Cities and Towns Act (chapter C-19), prohibit or license and regulate the sale of services in the streets and public squares.

76. The city council may prescribe the conditions for the issue of licences and permits and limit their number except with respect to permits issued in accordance with a by-law under the Act respecting land use planning and development (chapter A-19.1).

It may pass a by-law to provide for the revocation of the licences or permits.

77. The city council may pass a by-law concerning the conduct of occupants, spectators or visitors in a building or on land in possession of the city and accessible to the public. The city council may, by that by-law, prohibit any act of such a nature as to be prejudicial to the peace, good order, comfort and well-being of the users and permit the expulsion of offenders.

78. The city council may, in a by-law under section 411 of the Cities and Towns Act (chapter C-19), authorize officers or employees of the city, in the performance of their duties,

(1) to require that books, registers and documents relating to matters referred to in a by-law or order be produced and that any other information on such matters as the officers or employees consider necessary or useful be furnished;

(2) to take samples of any nature, without charge, for the purpose of analysis;

(3) to take photographs of the places visited; and

(4) to be accompanied by one or more police officers if the officers or employees have reason to fear that they may be molested in the performance of their duties.

79. No person may hinder a person responsible for the enforcement of the Charter, an order under the Charter or the by-laws of the city in the performance of those duties, or to deceive or attempt to deceive that person by concealment or by false or misleading statements.

80. The city council may, in a by-law under paragraph 7 of section 415 of the Cities and Towns Act (chapter C-19), assign a name to any pedestrian or bicycle path and change it. In no case may a name be assigned to a street or private lane or may the street or lane be designated under such a name without the prior approval of the city council.

81. The city council may regulate the lanes and to order that so long as they remain private property they shall be made and maintained in common by the owners of the property bordering on the lanes.

82. Any peace officer may remove or have removed by a service vehicle or towtruck any vehicle parked in violation of a traffic or parking by-law or order. The statement of offence must mention the removal.

Where the Charter, an order under section 9 of the Charter, the Cities and Towns Act (chapter C-19), or any other Act provides that a vehicle may be removed or towed away, the owner may not recover the vehicle until payment of the storage costs at the current rate and, where the towing or removal costs have not been claimed on the statement of offence in accordance with section 83, until payment of those costs.

If the offender refuses or is unable to pay the security in accordance with the Code of Penal Procedure (chapter C-25.1), the arresting peace officer may, in addition, have the vehicle impounded until the Court authorizes its return, with or without security, on an application made at the appearance.

However, upon payment of the minimum fine provided for the alleged offence and the costs incurred, including the costs for towing and impounding the vehicle, the offender may recover the vehicle.

The security must be sent to the clerk of the court at the same time as the copy of the statement of offence.

83. The city council and a borough council may, by by-law, establish a tariff of costs for the removal or towing of an illegally parked vehicle. In all cases where it is provided that a vehicle may be removed or towed for a parking or traffic violation, the prescribed removal or towing costs may be claimed on the statement of offence and collected by the collector in accordance with articles 321, 322 and 327 to 331 of the Code of Penal Procedure (chapter C-25.1).

84. The city council may, by by-law, authorize the executive committee to make orders relating to any by-law. The authorization must specify the purpose of each such order.

Such orders shall form part of the by-laws to which they relate and become mandatory upon publication of a notice specifying their purpose and stating the date on which they were made or upon the erection of appropriate signs or signals or upon the posting of the order or its relevant provisions in the places concerned.

CHAPTER VII

LAND USE PLANNING AND DEVELOPMENT

85. The approval of a building plan or the issue of a permit or certificate that does not comply with a draft amendment to a zoning, subdivision or building by-law shall be suspended from the adoption of a resolution by the executive committee requiring the competent department to prepare the amendment, except where it is expressly decided otherwise by the executive committee.

The first paragraph ceases to have effect if the executive committee resolution is not ratified by the city council at its first meeting following the adoption of the resolution and if an amendment to the provisions contemplated by the draft amendment is not adopted within 160 days of the executive committee resolution or if it does not come into force in accordance with section 137.15 of the Act respecting land use planning and development (chapter A-19.1).

86. No building, improvement or enlargement permit, except for repairs, may be granted for an immovable from the date the executive committee adopts a resolution requiring the competent department to prepare the documents necessary for the establishment of a reserve to the date the notice of establishment of the reserve is registered, which period may not exceed 160 days.

No building, improvement or enlargement permit, except for repairs, may be granted for an immovable from the date a resolution of the executive committee is adopted requiring the competent department to prepare the documents necessary for an expropriation to the date the notice of expropriation is served, which period may not exceed one year.

The owner of a building referred to in the first or second paragraph may claim an indemnity from the city. Failing agreement, the Administrative Tribunal of Québec may shall fix the indemnity upon the application of the owner or the city and sections 58 to 68 of the Expropriation Act (chapter E-24) apply, with the necessary modifications.

The first and second paragraphs cease to have effect if the executive committee resolution is not ratified by the city council at its first meeting following the adoption of the resolution.

87. Where the executive committee has adopted a resolution recommending that the council pass or amend a by-law under section 145.21 of the Act respecting land use planning and development (chapter A-19.1), no building or subdivision permit and no certificate of authorization or occupancy may be issued where the issue thereof will be subordinated, should the by-law whose passage is recommended by the executive committee be passed, to the making of an agreement provided for in section 145.21.

The first paragraph ceases to have effect if the executive committee resolution is not ratified by the city council at its first meeting following the adoption of the resolution, if the by-law that is the subject of the executive committee resolution is not passed within two months of the adoption of the resolution, or if it is not put into force within four months of its passage.

88. An application for an intervention by the city by means of a by-law, resolution, order or otherwise for the purpose of carrying out a project that, in the opinion of the executive committee, is likely to have a substantial social, economic or architectural impact, the executive committee may, before examining the application, require from the applicant, in addition to the tariff under sections 244.1 to 244.10 of the Act respecting municipal taxation (chapter F-2.1), a security deposit equal to the amount of the actual file examination costs in excess of the costs exigible under the set tariff. The security deposit shall be refunded to the applicant if the project is carried out within the time prescribed by the executive committee, or shall belong to the city if it is not.

89. The executive committee may, in respect of an application for an amendment to a zoning by-law, prescribe the posting of a notice describing the nature of the application in the manner it determines.

90. The executive committee may require, as a prerequisite to the issue of a permit or certificate of approval referred to in section 119 of the Act respecting land use planning and development (chapter A-19.1) and in section 94, the deposit of a performance bond that does not exceed 10 % of the value of the planned work. The bond shall be refunded to the applicant when the work for which the permit or certificate was issued is completed. If the work is not completed within the time indicated in the permit or certificate, the amount of the bond may confiscated by the executive committee.

91. (1) The city council may, by by-law,

(1) authorize, on the conditions and for the rent it determines, certain types of temporary or permanent occupancies of the public property of the city, above as well as below public land, sidewalks, streets, lanes, municipal stretches of water and streams;

(2) prescribe, where applicable, the manner in which the works relating to such occupancy are to be carried out and the materials to be used;

(3) provide for the revocation by the executive committee of certain special occupancies that have been authorized under the by-law, upon written notice to that effect served on the owner of the immovable for which the authorization was granted and published at the registry office at least one month before the revocation;

(4) provide for the removal, at the expense of the owner, of all or any part of the buildings or installations on the public property of the city that do not meet the requirements of an authorization provided for in this section.

(2) The executive committee may

(1) authorize, on the conditions and for the rent it determines, certain temporary or permanent occupancies of the public property of the city, above as well as below public land, sidewalks, streets, lanes, municipal stretches of water and streams that are not the object of a by-law under subsection 1 or that are not authorized under such a by-law;

(2) prescribe, where applicable, the manner in which the works relating to such occupancy are to be carried out and the materials to be used;

(3) provide for the revocation of an authorization under paragraph 1 of subsection 2, upon written notice to that effect served on the owner of the immovable for which the authorization was granted and published at the registry office at least one month before the revocation.

The borough council shall exercise the powers of the executive committee referred to in this subsection on the streets and roads that are under its responsibility pursuant to a by-law passed by the city council under section 94 of the Charter.

(3) The owner of an immovable for the use of which an authorization is granted may publish the authorization at the registry office. Where a by-law or a resolution authorizes occupancy of two or more areas of the public property of the city for the benefit of one immovable only, the right may be published by the owner of the immovable for certain areas only.

Publication is effected by way of a notice indicating the title of the by-law or resolution, its number and the date on which it was passed. The second paragraph of article 2995 of the Civil Code applies to such a notice.

A certificate of the clerk of the city attesting that the described occupancy is authorized must accompany the notice.

The notice requires the registrar to make an entry in the register, in respect of each lot affected, stating that occupancy of the public property of the city is authorized in accordance with the by-law or resolution referred to in the notice. The certificate is not required to be kept in the records of the registry office.

(4) Where an authorization for occupancy of an area of the public property of the city has been published, its revocation must also be published.

Publication of the revocation is effected by way of a notice given by the clerk. The notice shall indicate the title, the number and the date of adoption of the resolution revoking the authorization and request the registrar to cancel the registration of the authorization in respect of each lot affected.

(5) The owner of property occupying the public property of the city, aboveground or belowground, is liable for any damage or injury resulting from the occupancy and shall take up the defence of the city and hold it harmless from any claim made against it by reason of such damage or injury.

92. Several structures forming a single project, with common use of parking areas, appurtenant buildings, services or equipment, may be built on the same lot. After work has begun, any subdivision or alienation of any part of the lot is void unless the city has consented thereto by resolution of the executive committee, except, however, subdivisions made in view of the registration of a declaration of co-ownership on the whole project or alienations effected following the registration of the declaration of co-ownership.

The council may exercise its powers under 117.1 and 117.2 of the Act respecting land use planning and development (chapter A-19.1), with the necessary modifications, as a prerequisite for the issue of any building permit in respect of a lot referred to in the first paragraph.

93. The city council may pass a by-law to allow, when buildings constructed before 1967 are renovated or restored, the building of a dwelling unit or room that does not comply with applicable construction codes or by-laws, provided that, in the opinion of the officer designated under paragraph 7 of section 119 of the Act respecting land use planning and development (chapter A-19.1) and of the head of the fire prevention department, the health and safety of the occupants are safeguarded.

94. The city may issue a certificate of occupancy required under a by-law under section 119 of the Act respecting land use planning and development (chapter A-19.1) for a dwelling unit or room that does not comply with applicable construction codes or by-laws provided that, in the opinion of the officer designated under paragraph 7 of section 119 of the Act respecting land use planning and development (chapter A-19.1) and of the head of the fire prevention department, the health and safety of the occupants are safeguarded.

The first paragraph does not apply to an immovable erected or converted after 25 May 1984 nor to a part of an immovable converted or added after that date, if the immovable is a public building within the meaning of the Public Buildings Safety Act (chapter S-3).

95. Where it is impossible to provide an immovable with two emergency exits leading to the public road in accordance with the Acts, regulations and by-laws in force, the owner of such an immovable may, after serving notice on the city, submit a motion to the Superior Court for the issue of an order requiring the owner of an adjoining immovable to grant the persons in the petitioner’s immovable a right of way in case of an emergency or an evacuation drill, and all required accessory real rights to enable the petitioner to provide such an exit. The Court shall award the indemnity on the basis the value of the assigned right and the amount of any damage resulting directly from the assignment.

An order under the first paragraph has the same effect as a servitude and must indicate which land is dominant and which is servient. The order shall take effect upon its publication at the registry office and upon evidence that the indemnity has been paid or deposited at the office of the Superior Court.

The publication fees shall be paid by the owner of the dominant land.

The owner of the dominant or servient land may submit a motion to the Superior Court, served on the owner of the other land and on the city, for the amendment or revocation of the order if the circumstances so justify. Such an order takes effect in the same manner as an order under in the first paragraph.

96. The city council may pass a by-law to regulate or restrict the demolition of a structure, prohibit any demolition without a demolition permit or require that, prior to the consideration of an application for a demolition permit for a demolition that is not governed by a by-law under section 412.2 of the Towns and Cities and Towns Act (chapter C-19) or for any demolition if the city council has not passed a by-law under section 412.2, the owner must submit for approval a program for the re-utilization of the vacated land. The by-law may also require the owner, if the program is approved, to deposit prior to the issue of the permit, a performance bond in respect of the program in an amount not exceeding the value of the immovable to be demolished on the assessment roll.

97. The city council may, in a zoning by-law under section 113 of the Act respecting land use planning and development (chapter A-19.1), prescribe the maximum number of employees who are not domiciled or not residing in the city that may work in a dwelling where, according to a zoning by-law, professional activities may be carried on in a person’s residence.

98. The city council may, in a zoning by-law under section 113 of the Act respecting land use planning and development (chapter A-19.1),

(1) regulate the setting-up of establishments

(a) where erotic shows are presented on a frequent or regular basis, whether or not they are presented with a view to increasing the demand for goods or services in the establishment;

(b) where services of an erotic nature are offered;

(c) where the goods offered are mainly of an erotic nature;

(2) regulate the lay out and use of the premises occupied by establishments described in paragraph 1;

(3) prescribe, within a zone, the minimum distance between establishments described in paragraph 1, the maximum floor area that may be used by such establishments and the maximum number of such establishments and prohibit the use, for such purposes, of any floor area or premises in excess of the maximum floor area or number of establishments authorized or within a lesser distance than the minimum distance prescribed;

(4) require the operator of an establishment described in paragraph 1 whose occupancy contravenes the by-law as result of the passage of a by-law respecting the establishment to cease, without indemnity, the operation of that establishment within two years;

(5) require that establishments described in paragraph 1 cease any contravening use protected by vested rights if the use or the control of the corporation operating such use has been alienated;

(6) require, for the protection of youth, the operator of an establishment described in paragraph 1 to deny minors admittance to his establishment.

99. The city council may, in a zoning by-law under section 113 of the Act respecting land use planning and development (chapter A-19.1), prescribe, for each zone, with or without exceptions for antennas used for public safety purposes, requirements relating to the mode and place of installation and the maintenance, number and height of antennas and other similar devices outside buildings or certain categories of buildings.

The by-law may require the owner of an antenna which does not comply or no longer complies with any by-law respecting antennas or any amendments thereto to bring it into conformity with such by-laws or amendments or remove it, without indemnity, within the time prescribed by the council and prescribe such time limits according to the various categories of antennas it determines or their cost, provided the time limits are not shorter than one year nor longer than two years from the coming into force of such by-laws or amendments.

The by-law may prescribe that antennas that have not been brought into conformity with the by-laws or amendments within the prescribed time may be removed by the city, without indemnity, after a 90-day notice in writing to the owner, subject to the city’s right to remove them at any time for public safety requirements.

The removal expenses constitute a prior claim on the immovable on which the antenna was located in the same manner and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code. The expenses are secured by a legal hypothec on the immovable.

100. The city council may, in a zoning by-law under section 113 of the Act respecting land use planning and development (chapter A-19.1), prescribe, within a zone, the minimum distance between establishments occupied by similar uses, the maximum floor or land area that may be used for any use or combination of uses and the maximum number of establishments operating such uses in a zone and prohibit the use for such purposes of any floor area, or of any establishment greater than the area or the maximum number permitted or under the minimum distance prescribed.

101. The city council may, in a by-law under subparagraph 12 of the second paragraph of section 113 of the Act respecting land use planning and development (chapter A-19.1), prohibit, for each zone, land excavation, the removal of humus, the planting and felling of trees and any excavation or landfill work.

102. The city council may, in a zoning by-law under section 113 of the Act respecting land use planning and development (chapter A-19.1), regulate or prohibit the leasing of the parking spaces that are prescribed by by-law for use by users of the immovable to persons other than those users.

103. The city council may prohibit the continuation of a use of land or of a building, subject to an indemnity, where appropriate, to the owners, tenants or occupants of the buildings already built or in the process of being built or that have been issued building permits.

Any indemnity that must be paid shall be fixed by three arbitrators, one of whom shall be appointed by the city, one by the owner, the tenant or the interested occupant, and the third, by the first two arbitrators appointed or, failing agreement, by a judge of the Superior Court.

104. The city council may, in a zoning by-law under section 113 of the Act respecting land use planning and development (chapter A-19.1), regulate or prohibit, in all or any part of the territory of the city, the construction, permanent or temporary installation, alteration, upkeep and maintenance of awnings, baldaquinos, canopies, valances, marquees and shelters and their supports or any construction or structure wholly or partially made of canvas or any other flexible or semi-rigid material.

The by-law may require every owner who erects, installs or alters such a construction or structure in contravention of the by-laws to bring it into conformity or remove it and, failing which, authorize the city to remove the construction or structure at the expense of the owner and dispose of it.

The by-law may require the owner of any such construction or structure erected or installed in compliance with the by-laws in force at the time of its erection or installation, but that contravenes new by-laws concerning such constructions or structures, to bring it into conformity or remove it, without indemnity, within the time prescribed by the council. In no case may the time limit be shorter than four years nor longer than seven years after the date of the coming into force of the new by-law resulting in the infringement.

The by-law may prescribe that any construction or structure which has not been brought into conformity or removed within the prescribed time may be removed by the city, without indemnity, after a two-month notice in writing to the owner.

The removal expenses constitute a prior claim on the immovable in which the construction or structure was located in the same manner and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code. The expenses are secured by a legal hypothec on the immovable.

For the purposes of this section, the word “owner” includes the proprietor, the possessor or the occupant of the immovable where the construction or structure is located.

105. The city council may pass a by-law to determine the conditions of occupancy and maintenance of buildings; require, whenever such buildings are decrepit or dilapidated, the carrying out of restoration, repair and maintenance work; and establish the procedure by which the owner of the non-complying immovable is notified of the work that must be carried out.

The by-law may provide that if the owner refuses to carry out the work, the city may carry it out and recover the cost. The cost of such work constitutes a prior claim on the immovable on which the work is carried out in the same manner and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code. The cost is secured by a legal hypothec on the immovable.

106. The city council may, after serving notice on the interested parties, shut down and demolish buildings that are no longer fit for dwelling or occupancy and recover from the owners of those buildings the cost of the shutdown and demolition when the city has carried them out. The cost of such work constitutes a prior claim on the immovable in the same manner and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code. The cost is secured by a legal hypothec on the immovable.

107. The city council may, in a by-law under subparagraph 14 of the second paragraph of section 113 of the Act respecting land use planning and development (chapter A-19.1), prescribe, in the parts of the territory of the city it determines, the minimum distance between billboards, which may not exceed 500 metres.

108. The city council may pass a by-law to impose higher fines for failing to obtain a building permit when the offender is a person whose main activity is carrying out work that requires a building permit.

109. The city council may, in a zoning by-law under 113 of the Act respecting land use planning and development (chapter A-19.1), prescribe special standards for building construction and land development where the building or land is to be occupied or used in whole or in part by a class of persons determined by by-law. The by-law may prescribe that only persons of that class may occupy or use the buildings constructed or land developed in accordance with those standards.

110. The city council may pass a by by-law to authorize, notwithstanding any provision of a zoning, subdivision or building by-law, for a period that may not exceed five years, in the parts of the territory and on the conditions it determines, a use in respect of an immovable or of a part of an immovable, even if the use is not authorized by the by-laws in force or if the immovable or the part of an immovable does not comply with the by-laws in force, with respect to the use being made thereof.

Sections 123 to 137 of the Act respecting land use planning and development (chapter A-19.1) apply to by-laws under the first paragraph. The public consultation meeting shall be held by the borough council concerned.

111. The city council may pass a by by-law to grant, for the period it determines, notwithstanding the provisions of any zoning, subdivision or building by-law, individual, non-transferable authorizations for the use of land or for construction, alteration or occupancy of a building for religious purposes or as residences for religious ministers or members of a religious community, for educational, cultural or charitable purposes or for offering assistance to persons needing assistance, protection, shelter or medical or hospital care.

Sections 123 to 127 of the Act respecting land use planning and development (chapter A-19.1) apply to by-laws under the first paragraph. The public consultation meeting shall be held by the borough council concerned.

112. (1) The city council may pass a by-law to approve a construction or alteration plan or authorize the occupancy of one or more buildings or other works.

The by-law may authorize a departure from any municipal by-law and subject the said approval to any condition departing from a municipal by-law.

The by-law must prescribe a time limit within which the project approved thereby is to be undertaken; if the project is not undertaken within the prescribed time, any amendment to or departure from a by-law authorized by that by-law ceases to have effect upon the expiry of the prescribed time limit.

(2) Where a construction plan filed for the purposes of subsection 1 includes the construction in phases of buildings or other works, the city may, before approving the plan, require the applicant to deposit a performance bond for an amount the city considers sufficient to ensure the construction of all the buildings and works shown on the plan within the prescribed time.

(3) To exercise its powers under subsection 1, the council must pass a by-law that

(1) specifies the parts of the territory of the city to which it applies;

(2) determines, for each part of the territory, the standards with which the construction or alteration plans must comply, in particular with respect to the implementation and size of the project, the uses for which it is designed and the impact on the environment;

(3) establishes the procedure to be followed for the approval of the plans; and

(4) prescribes the plans and documents to be submitted by the applicant.

Sections 123 to 137 of the Act respecting land use planning and development (chapter A-19.1) apply to a by-law under subsection 1 and sections 123 to 127 of that Act apply to a by-law under subsection 3. The public consultation meeting shall be held by the borough council concerned.

113. The city council may, in the parts of the territory of the city it determines, order the construction and use of indoor or outdoor pedestrian paths or walkways through or on immovables. The council may also order the opening of roads, paths, strips, promenades or walkways or order their closing, widening, extension or any alteration, and provide for the mode of construction or maintenance of those facilities.

A by-law under the first paragraph may not be passed unless it complies with a prior agreement entered into between the city and the owner of the immovable concerned.

114. For the purposes of section 248 of the Act to reform the municipal territorial organization of the metropolitan regions of Montréal, Québec and the Outaouais (2000, chapter 56), the development plan must include, in addition to the items referred to in section 5 of the Act respecting land use planning and development (chapter A-19.1), the land uses and approximate occupation densities, an approximate layout of the main thoroughfares, the nature and approximate layout of public services, the nature, site and approximate layout of public utilities, the subdivision rules, and approximate expansion phases.

115. (Repealed).

116. Notwithstanding the time limits in section 102 of the Act respecting land use planning and development (chapter A-19.1), the city council shall pass or amend the by-laws referred in that section to bring them in conformity with the planning program under the fourth paragraph of section 248 of the Act to reform the municipal territorial organization of the metropolitan regions of Montréal, Québec and the Outaouais (2000, chapter 56) and with section 115 in the year following the adoption of the planning program.

Section 239 of the Act respecting land use planning and development applies in respect of the time limit to pass or amend by-laws imposed in the first paragraph.

117. Subject to section 124, the city council shall pass the by-laws under section 145.15 of the Act respecting land use planning and development (chapter A-19.1). The ward council concerned must be notified as soon as possible of any permit application subject to such a by-law. The borough council concerned shall approve the plans under section 145.19 of that Act and determine the requirements for the approval under section 145.20 of that Act.

118. A borough council in a territory in which a by-law under section 145.15 of the Act respecting land use planning and development (chapter A-19.1), or by-law of a municipality referred to in section 5 of the Charter granting a minor exemption, is in force must, before 28 February 2002, establish a planning advisory committee under section 146 of the Act respecting land use planning and development.

119. A majority of the members of a planning advisory committee established under section 146 of the Act respecting land use planning and development (chapter A-19.1) must be residents of the borough who are not members of the city council.

The committee must have no less than six and no more than eight members.

The quorum of the committee may not be less than the majority of its members.

120. For the purposes of section 145.6 of the Act respecting land use planning and development (chapter A-19.1), the clerk or the person in the borough designated by the clerk must send a copy of the notice to the ward council concerned no later than the date of its publication.

121. The community, economic and social development plan referred to in section 75 of the Charter must be adopted before 31 December 2004. The plan may be adopted in sections or in stages. 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 the local economic, community and social development may be adopted separately.

122. Notwithstanding any inconsistent provision, the western part of l’Anse du Foulon described in Schedule II to chapter 63 of the Statutes of 1983, which remains in force solely for the purposes of this section, may be developed for recreational uses only.

CHAPTER VIII

COMMISSION D’URBANISME ET DE CONSERVATION DE QUÉBEC

123. The city council may, by by-law, set up a city planning commission called “Commission d’urbanisme et de conservation de Québec”.

The by-law shall determine the number of Commission members, their qualifications, remuneration and term of office, and establish the rules of procedure and of internal management of the Commission. The majority of Commission members must be city residents who are not members of the city council.

The number of Commission members must be no less than six.

The quorum of Commission sittings may not be less than the majority of its members.

The city council may provide, in the Commission’s rules of procedure and of internal management, that the Commission must obtain the city’s approval or that of the appropriate borough before exercising its jurisdiction or may prescribe other means of involving a city or borough council in Commission decisions.

The city council shall, by resolution, appoint the Commission members and officers.

124. Within the various parts of the territory of the city over which it has jurisdiction, the Commission may control the architectural appearance and symmetry of buildings; for such purposes, notwithstanding any building by-law, no permit for the building, repair, transformation or demolition of immovables situated in the city may be issued without the prior approval of the Commission. The Commission shall state its reasons when refusing its approval. The city council may, by by-law, exclude classes of work from the commission’s jurisdiction.

The city council shall, by by-law, at the latest upon the coming into force of the by-laws referred to in section 102 of the Act respecting land use planning and development (chapter A-19.1), prescribe, according to the part of the city or the building class, the objectives, guidelines and criteria that the Commission must take into consideration in exercising its jurisdiction. Until that time, the Commission shall take into consideration the objectives and criteria determined in a by-law under section 145.15 of the Act respecting land use planning and development that is applicable to the part of the city over which the Commission has jurisdiction.

125. The Commission has jurisdiction over the following parts of the city:

(1) historic districts, protected areas of historic monuments, natural districts, historic sites, archeological sites or protected areas such as defined in the Cultural Property Act (chapter B-4);

(2) the parts determined by the city council where the quality of the architecture, patrimony or environment should be preserved or enhanced;

(3) until the coming into force of the by-laws referred to in section 102 of the Act respecting land use planning and development (chapter A-19.1), the part of the city’s territory made up of the territory of the former Ville de Québec as it existed on 31 December 2001.

However, the city council may, by by-law, limit the jurisdiction of the Commission to certain parts of the territory referred to in paragraph 3 of the first paragraph.

126. (Repealed).

CHAPTER IX

PUBLIC SAFETY

127. The city council may, by by-law and in all or part of the city’s territory require the owner, tenant, possessor or occupant, under any title, of any immovable or any category of immovables, to provide the immovable with any construction item, apparatus, device, alarm system, mechanism or equipment to safeguard or preserve the safety of the property or the health and safety of persons or to prevent crime.

The by-law may require the owner, tenant, possessor or occupant, under any title, of any immovable equipped with such construction item, device, mechanism or equipment, to maintain them in good working order.

The by-law may provide for grants to cover the purchase or installation cost of such apparatus, device, mechanism or equipment.

128. In a by-law under paragraph 44.1 of section 412 of the Cities and Towns Act (chapter C-19), the city council may prohibit alarm systems or certain classes of alarm systems, or may prohibit alarm systems or certain classes of alarm systems that are installed in certain classes of buildings or establishments.

129. The city may acquire the construction items, apparatus, devices, alarm systems, mechanisms or equipment referred to in sections 127 and 146 in order to give them or sell them at a rebate to the owner, tenant, possessor or occupant, under any title, of an immovable in which their installation is mandatory under a by-law pursuant to sections 127 and 146.

130. In a by-law under paragraph 5 of section 460 of the Cities and Towns Act (chapter C-19), the city council may compel the persons referred to therein to keep in their possession things purchased or held and prescribe the methods and time limits for the keeping of such things.

131. A person responsible for the carrying out of this Charter and the by-laws may, in the performance of that person’s duties, order the suspension of work or the closing of a construction or building or the termination of an activity where that person ascertains an offence that is likely to endanger public health or safety.

132. In a by-law under paragraph 22 of section 415 of the Cities and Towns Act (chapter C-19), the city council may prescribe that snow or ice be removed from the roof of a building, at the expense of the building owner, where the owner refuses or neglects to fulfil his or her obligations in this respect. The cost constitutes a prior claim on the immovable concerned, in the same manner and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code. The cost is secured by a legal hypothec on the immovable.

133. For the purposes of paragraph 23 of section 415 of the Cities and Towns Act (chapter C-19), the rate of tax imposed may be the same for the entire territory of the city or may vary for various parts of the territory determined by by-law, but a single rate must be applied in a given part of the territory even where several types of service are provided. The city may include a certain amount in the cost of such service to maintain a reserve fund that would stabilize the cost.

CHAPTER X

UNDERGROUND CONDUITS

134. When underground conduits have been constructed, the city council, may, by by-law, order that, after the expiry of a minimum three-year period, electric, communications or cable companies remove from the city streets or public squares the posts on which wires or cables of such companies are fixed, and that the wires and cables be placed underground.

The by-law may order that failure of such companies to cut down and remove the posts and wires and cables within the time limit specified in the by-law, the city may have them cut down and removed at the expense of the companies in default.

The companies are entitled to construct their own underground conduits with the city’s consent and under the supervision of the appropriate department head.

135. The city may plan, design, construct, and operate, with the right to regulate the use thereof, a system of underground conduits, wherein shall be placed alI wires and cables and transmission lines belonging to any person who, now or in the future has or exercises rights or privileges in, on or above the streets, public or private lanes, thoroughfares or other places.

Such conduits must be of sufficient size and capacity not only to fulfil the present requirements, but also to provide for foreseeable future requirements.

As the city decides to construct underground conduits in any part of its territory, the persons referred to in the first paragraph shall provide such information as may be required by the city and shall indicate what portion of the underground conduits they wish to reserve.

The city may impose a fine of $200 for each day such persons remain in default after 60 days from the date the city gave notice.

This section shall not be construed as giving the city the authority to manage the installations of those various persons.

136. As the city constructs such underground conduits, the council may compel the persons having, operating or maintaining overhead wires or cables, poles and transmission lines, to remove them. The council may determine by by-law the characteristics of the transmission lines and equipment to be installed or placed in the conduits and the manner in which it shall be done.

Where underground conduits have been constructed in a street, lane or public square, any person who refuses to remove overhead wires or cables and to place them in the underground conduits, may be compelled to do so by the Commission municipale du Québec upon request from the city.

Separate openings or separate compartments in the openings shall be given to each user of the said conduits when applied for and provided it is practicable. If the Commission des services électriques de la Ville de Québec should refuse to allocate separate openings to a person, an appeal may be lodged with Commission municipale du Québec, which shall decide the issue and determine who shall pay the costs.

The conduits shall be constructed so that non- conducting material insulates or separates the various types of wires and cables and the entrance to each part of the conduit shall be by separate manhole openings.

137. No poles, string wires, or cables, may be erected or installed in or across streets, parts of streets, or public squares where municipal conduits have been or are being constructed. In streets or public squares, only the city may construct underground conduits. The council may however grant any such rights to install or erect street lamp poles and distribution poles as it finds necessary.

138. Whenever the city has ordered the removal of poles, wires, cables and overhead constructions, an indemnity shall be awarded the owners for the actual value, at such time, of the materials, including the installation so expropriated. Failing agreement, such indemnity shall be determined as provided in section 140. After such indemnity has been paid, the said poles, wires, cables and overhead constructions and all materials shall become the property of the city.

139. Whenever the city decides to place wires or cables underground in streets, lanes or public squares, the existing underground conduits shall become the property of the city. It shaIl pay a reasonable indemnity for such underground conduits and also for cables and appurtenances that become useless.

After such indemnity has been paid, the underground conduits and all materials shall become the property of the city. The indemnity shall be determined in accordance with section 140.

140. All indemnity shall be determined by the Commission municipale du Québec. The said Commission shall hear the interested parties and give its award within four months. The decision of the Commission shall be final and without appeal.

141. The city may determine the method and means of connecting the main trunk lines with distribution lines and of making the service connections. It may construct, administer and maintain distribution ducts, charging a rental fee for their use as determined under section 142, or it may allow persons to construct their own distribution ducts under the supervision and with the approval of the council and delegate its powers to them.

142. The city may determine and collect rental fees from alI persons using the overhead constructions and underground conduits owned by the city. Such rentals shall cover the cost of maintenance and administration of the constructions and conduits, repayment of the debt in less than 20 years on loans contracted by the city for the construction or purchase of the underground conduits, and the budget of the Commission des services électriques of the city set up under section 144, where applicable. The amount of such rental fees for each person shall be in proportion to the portion of the conduits that person occupies or reserves.

143. The city may enter in and upon any private property, without the consent of the owner, for the purpose of placing conduits, poles or overhead or underground wires and appurtenances. Indemnity shall be paid for any actual damages caused by the work carried out.

The indemnity shall be determined in accordance with section 140.

144. To carry out such undertaking as referred to in sections 134 to 143, the city may, by by-law, set up the Commission des services électriques de la Ville de Québec. The Commission shall exercise the rights of the city referred to in sections 134 to 143 as they are delegated to it by the council for the purposes of such undertaking.

The Commission’s mandate is to prepare plans, drawings and specifications for underground conduits for the parts of the city in which it intends to construct underground conduits. The plans, drawings and specifications shall be submitted for approval to the Commission municipale du Québec, which may, after hearing the interested parties, approve and adopt them with or without amendment.

Such Commission shall consist of five members as follows:

(1) one member, the chair, who shall be appointed by the Government;

(2) two members appointed by the city;

(3) one member appointed by Hydro-Québec;

(4) one member appointed by the users of underground conduits, who, except for Hydro-Québec and the city, have confirmed in writing to the clerk that they intend to vote, within 30 days of the sending of the notice referred to in the fourth paragraph.

At least 45 days before the date set for the appointment of the member referred to in subparagraph 4 of the third paragraph, the clerk shall send to all the users of underground conduits referred to in this paragraph, based on the list provided by the chair of the Commission des services électriques, a notice giving the date on which the member will be appointed and informing them of their right to nominate a candidate and to vote. A user who intends to present a nomination must notify the clerk, at the same time as the confirmation provided for in subparagraph 4 of the third paragraph, of the name and position or title of the candidate.

At least 10 days before the date set for the appointment of the member referred to in subparagraph 4 of the third paragraph, the clerk shall send a voter’s slip to the users who have confirmed their intention to vote. The slip must give the name and position or title of all the candidates and, for each candidate, the name of the user who nominated the candidate. Each user is entitled to only one vote.

On the date set for the appointment, the clerk shall count the votes received in the presence of a witness. The person who receives the greatest number of votes shall be declared elected. Where the number of votes is equal, the clerk shall designate the member by means of a draw. Should the users fail to nominate a candidate on the date set, the other members of the Commission des services électriques may appoint the member.

Remuneration of Commission members shall be determined by the executive committee.

145. The Commission des services électriques shall draw up the rules and by-laws respecting the use, management and maintenance of such conduits, which rules and by-laws shall come into force and have effect from the time of their approval by the Commission municipale du Québec.

The Commission des services électriques shall receive the tenders for the construction of the underground conduits and report to the city.

It alone shall carry out the direction and supervision of the construction and maintenance of the said underground conduits, once its rules, by-laws, plans, drawings and specifications have been approved by the Commission municipale du Québec and the construction contracts have been awarded by the city.

An appeal from any rule, by-law, decision or other act of the Commission des services électriques or the city may be lodged with the Commission municipale du Québec, at the request of the city or other interested party, in respect of any matter concerning such undertaking, except in matters of contracts where the parties have agreed to waive the right to appeal.

Such appeal must, under pain of nullity, be brought within 30 days of the date of service on the interested party or publication of a notice of the fact appealed from.

The appeal is brought by means of an inscription filed with the secretary of the Commission municipale du Québec. Notice thereof must be served on the adverse party or on that party’s attorney.

CHAPTER XI

WATERWORKS AND SEWER SYSTEMS

146. The city council may by by-law require the owner, tenant, possessor or occupant, under any title, of any immovable or any category of immovables, to provide the immovable with any construction item, apparatus, device, alarm system, mechanism or equipment to reduce water consumption.

The by-law may require the owner, tenant, possessor or occupant, under any title, of any immovable equipped with such construction item, apparatus, device, mechanism or equipment to maintain them in good working order.

The by-law may provide for grants to cover the purchase or installation cost of such construction items, apparatus, devices, mechanisms or equipment.

147. In a by-law under paragraph 13 of section 413 of the Cities and Towns Act (chapter C-19) or paragraphs 3 or 7 of section 432 of that Act, the city council may regulate or prohibit, even outside the city limits, any construction or any activity liable to contaminate the supply for the city waterworks system or affect its flow.

Notwithstanding section 177 of the Charter, paragraph 203 of section 336, sections 499, 500, 501, 501(a), 502, 503, 503(a), 503(b), 503(c), 504 and 505 of the Charter of the city of Québec (1929, chapter 95) and section 6 of the Act to amend the charter of the city of Beauport (1994, chapter 66) shall remain in force until the date of coming into force of a by-law referred to in the first paragraph applicable to Lac Saint-Charles, to Rivière Saint-Charles upstream from the source of the waterworks system and to Lac des Roches.

CHAPTER XII

FINANCIAL PROVISIONS

148. During the course of the 2002 fiscal year, the city council may pass a loan by-law contracting a loan in the amount of $30 000 000 for a term not exceeding 10 years and that the amount be allocated to the city’s working fund.

149. The aggregate of the contributions that the city must pay into the pension fund of the Régime de retraite de la Ville de Québec, registered by the Régie des rentes du Québec under number 24450, may not be less, for each year between 1 January 2002 and 31 December 2010, than 13 % of the total payroll of the participants.

The supplemental contributions which the city must pay pursuant to the first paragraph, with respect to supplemental contributions resulting from the application of the Supplemental Pension Plans Act (chapter R-15.1), shall burden the taxable immovables situated in the part of the territory of the city which corresponds to the territory of Ville de Québec as it existed on 31 December 2001.

150. For the purposes of section 486 of the Cities and Towns Act (chapter C-19), the city council may, for any fiscal year prior to the 2004 fiscal year, impose and impose a surtax on serviced or unserviced vacant land. The amount of the surtax is determined by the council and may amount to up to 100 % of the total property taxes imposed in the same year on such land, to which all taxable immovables in the territory of the municipality are subject. The council may fix different amounts for serviced vacant land and for unserviced vacant land, in which case the amount fixed for the former must be higher than that fixed for the latter.

151. The city may impose, by by-law, a special tax on any person who, in the territory of the city, operates a business, factory or a financial or commercial establishment, or who practises an occupation, art, profession or trade or who carries on an activity constituting a means of profit, gain or livelihood.

The tax referred to in the first paragraph may not, however, be imposed in respect of an activity for which the city imposes a business tax under section 232 of the Act respecting municipal taxation (chapter F-2.1).

152. A licence may be issued upon payment of 1/2 of the price of such licence if it is required after 1 September.

153. A licence is valid from the day it is issued to 1 January of the next year. The city may, however, prescribe a different period of validity, which may not exceed one year.

154. The council may by by-law prescribe, as a penalty for failure to hold a permit or licence required under a by-law, a fine at least equal to the cost of the permit or licence. The council may also impose the fine at an amount equal to the cost of the permit or licence, where the cost exceeds the maximum fine that may be imposed under section 369 of the Cities and Towns Act (chapter C-19). The imposition of a fine does not exempt the offender from the obligation to obtain a permit or licence and pay the cost.

155. Sections 484 and 498 of the Cities and Towns Act (chapter C-19) shall apply to the recovery of all prior claims owing to the city.

156. The interest rate set under section 481 of the Cities and Towns Act (chapter C-19) shall apply to any amount owing to the city.

157. For the purposes of section 497 of the Cities and Towns Act (chapter C-19), any person who, not being the debtor, pays a municipal or school, property or personal, general or special tax, or the water rates for a third party, is subrogated of right in respect of the prior claims and legal hypothecs of the city on the property of the debtor and may recover from the debtor the amount of taxes so paid even if the payment was made without the debtor’s consent.

If the movable or immovable property subject to those taxes is sold, the subrogation shall not prevent the city from being collocated by preference to the subrogated party for any taxes owing and arrears after the subrogation.

158. A payment made by a ratepayer shall first be allocated to the interest on taxes owing in arrears and then to the principal of the longest-standing tax arrears.

159. The council may apply, for the purposes it determines, after the end of a fiscal year but before the financial report has been prepared by the treasurer in accordance with section 105 of the Cities and Towns Act (chapter C-19), any revenues that are in excess of the expenditures of the terminated fiscal year that have been the object of an availability certificate issued by the treasurer and filed before the council.

160. The expenses incurred by the city to remove a nuisance because a person has failed to comply with the order provided for in section 463 of the Cities and Towns Act (chapter C-19) shall constitute a prior claim on the immovable in which the nuisance was located, in the same manner and with the same rank as the claims referred to in paragraph 5 of article 2651 of the Civil Code. The expenses are secured by a legal hypothec on the immovable.

161. The term of a loan contracted by the city with respect to water purification and waste elimination equipment may exceed the maximum period for repayment determined under section 1 of the Act respecting municipal debts and loans (chapter D-7) but may not exceed 50 years.

162. Notwithstanding any contrary provision, a city commission consisting of the mayor, the director general, the treasurer and one councillor may authorize the city to use its sinking funds to redeem its outstanding bonds, or, with such money, purchase at current market rates other bonds of the city to be issued, or treasury bonds issued in anticipation of its bond issues and also deposit certificates issued by chartered banks, trust companies or institutions governed by the Savings and Credit Unions Act (chapter C-4.1) or other bonds in accordance with section 39 of the Act respecting municipal and school debts and loans (chapter D-7).

The council may delegate to the treasurer the power to invest, in accordance with that Commission’s directives, the money from the sinking funds into some or all of the investment categories referred to in the first paragraph.

163. For the purposes of subparagraph 1.1 of paragraph 1 of section 28 of the Cities and Towns Act (chapter C-19), the procedures, know-how and data of any body created by the city, by the Communauté urbaine de Québec or a municipality referred to in section 5 of the Charter and those of the companies incorporated upon request by the city, the Communauté urbaine de Québec or the municipalities, belong to the city.

164. Notwithstanding the Highway Safety Code (chapter C-24.1) and applicable regulations, the city shall be exempt, up to an annual amount of $290 000, from paying the registration fees for the road vehicles it owns and that are used for municipal work.

165. In exercising the powers conferred on it by the Charter, by an order made under section 9 of this Charter, by the Cities and Towns Act (chapter C-19) and by the Act respecting municipal taxation (chapter F-2.1) with respect to immovables situated in the part of the Parc technologique du Québec métropolitain that is within the territory of Ville de Québec, as described in the Schedule to chapter 81 of the Statutes of 1989, which remain in force solely for the purposes of this section, or respecting the persons referred to in section 232 of the Act respecting municipal taxation who carry on their activities therein, the city may impose a property or business tax at a rate that is different from the rate applicable elsewhere in the territory.

The city may, by by-law, prescribe the terms and conditions of taxation of such immovables and persons.

Such tax may not be imposed on an immovable that is entered on the property assessment roll after 31 December 2009 or on a person referred to in section 232 of the Act respecting municipal taxation if the commercial establishment is entered on the roll of rental values after that date.

The city may exercise the powers conferred on it by this section starting with the 1990 fiscal year until 31 December 2011. Exercising those powers may not, however, result in the imposition of different tax rates for an immovable or a person referred to in section 232 of the Act respecting municipal taxation for a period exceeding 10 years.

The city may, by by-law, amend the description appearing in the Schedule to chapter 81 of the Statutes of 1989, which remains in force solely for the purposes of this section, to take into account the changes to the territory of the Parc technologique du Québec métropolitain situated in the territory of Ville de Québec, as it existed on 31 December 2001. The by-law requires the approval of the Minister of Municipal Affairs and Greater Montréal and shall come into force on the date of its publication in the Gazette officielle du Québec.

166. The city council may establish, out of the estimated revenues of each annual budget or out of any other source of financing, a reserve fund for the purpose of financing any self-insurance program. The city may not assign more than 1 % of the budget to such purpose yearly.

167. The city may preserve and enhance movable and immovable property forming part or having formed part of the cultural or historical heritage of the city. For that purpose, the city may acquire, maintain, lease, administer and manage any movable or immovable property.

The city may also create a cultural and historical city heritage preservation fund and pay a determined amount into the fund out of the annual budget or assign to it any donation made to the city for the preservation of the cultural and historical heritage of the city.

The proceeds of the alienation of property acquired out of the moneys of the special fund shall be paid into the fund. The city may also pay into the fund any other revenues from the leasing or management of property acquired out of the moneys of the fund.

The fund shall be used exclusively for the preservation of the cultural or historical heritage of the city.

168. The city may collect from any person selling fire insurance, or that person’s agent carrying on a business in the city’s territory, an amount equal to 3/4 of the city’s expenditures for remuneration, fringe benefits and other employee benefits for the fire investigation commissioner specified under the Fire Safety Act (chapter S-3.4) and for the investigative and support services that it provides to the fire investigation commissioner.

The city shall establish by by-law the annual proportion payable by those persons or their agents, along with the rules of collection.

This section shall not apply to the Assurance mutuelle des fabriques de Québec.

CHAPTER XIII

ASSISTANCE AND SUBSIDIES

169. The city may grant subsidies or assistance in the form of a loan or otherwise to any person or agency, including a foundation, the aims of which are national, patriotic, religious, philanthropic, charitable, scientific, artistic, cultural, literary, social, professional, athletic or sport, for the protection of the environment or the conservation of resources or other public interest goals not specifically provided for that are in the interests of the city or of its citizens, and to charge them with the organization and the management of activities for municipal purposes and concerning the goals they are pursuing.

170. The city may grant, for a period of five years, an exemption of 50 % of the general property tax imposed on part of a building to which the public has access exclusively for parking motor vehicles.

The exemption may not be granted on the basis of the value of the property where such building is erected, nor on the property where no structure is erected.

171. The city council may by by-law adopt a program of intervention or revitalization of the city’s territory or of part thereof. The program may provide that the city may give, under the conditions determined by the council, a grant for the carrying out of work. The amount of the grant may not exceed the actual cost of the work.

172. The city council may by by-law award a grant to the owner of an immovable that is partially or totally destroyed by fire, dilapidated, deserted or vacant situated in a part of the city’s territory that has been classified as a historic district who wants to implement a restoration, renovation project or to redesign or reconstruct the immovable. The amount of the grant may not exceed the actual cost of the work.

173. Within the scope of the action or revitalization program, the city council may by by-law on the conditions and in the sectors of the city it determines, grant a property tax credit for buildings that are or were eligible for renovation work. The tax credit may not exceed the actual cost of the eligible work and may be allocated over more than one fiscal year.

174. Within the scope of the action or revitalization program, the city council may by by-law on the conditions and in the sectors of the city it determines, give a grant or a property tax credit to individuals or housing cooperatives to promote the acquisition of residential property.

175. The provisions of the Charter, an order under section 9 of the Charter or the Cities and Towns Act (chapter C-19) that authorize the city to give grants or tax credits or any assistance in the form of a loan or otherwise shall apply notwithstanding the Municipal Aid Prohibition Act (chapter I-15).

176. The city council may, by by-law, with respect to a grant given under a provision of the Charter, an order under section 9 of this Charter or the Cities and Towns Act (chapter C-19) or within the scope of a by-law under one of their provisions

(1) stipulate that any change in the destination or mode of occupancy of an immovable, the alienation of all or part of the immovable or a transfer of control by the legal person that owns the immovable, within such time, not exceeding 10 years, as the council determines, shall entail the repayment to the city, in such proportion as the council determines according to the time elapsed, of the grant paid in respect of the immovable, or the refusal of any permit required for a change of destination or occupancy until such repayment is made;

(2) provide for the classes of change of destination or mode of occupancy, the classes of total or partial alienation or the classes of transfer of control by the legal person that owns the immovable that shall be exempt from the requirements of subparagraph 1;

(3) provide that repayment of the grant shall be exigible from any person who is the owner of the immovable at the time of the change of destination or occupancy;

(4) provide that repayment of the grant shall be exigible from any person who is the owner of the immovable at the time of its alienation or the alienation of the legal person that owns the immovable or any subsequent owner;

(5) prescribe formalities required to guarantee compliance with the requirements under subparagraphs 1 to 4; and

(6) prescribe, for the entire period in which the grant may be repaid, the obligation for the owner of the immovable to maintain a damage insurance in force that provides for, in the event of partial or total destruction of the immovable and its non reconstruction within the deadline prescribed by city council, the preferred payment to the city, under nominate insured title, of an amount equal to its interest in the repayment of the grant.

The owner who receives the grant shall, if the by-law contains provisions under subparagraph 3, 4, or 5 of the first paragraph, have a document published establishing the limits to the right of ownership of the immovable. The registrar of real rights must publish the document and enter it in the appropriate registers.

For the purposes of subparagraph 6, the council may establish classes based on the characteristics of the immovables or the nature and extent of the work to be done and prescribe different reconstruction deadlines according to those classes.

177. The city council may, for the purposes of a provision authorizing the city to give a grant or a tax credit or any assistance in the form of a loan or otherwise, set different rates for the grants or tax credits, provide different types of assistance or create exemptions for certain classes of recipients based on the criteria and characteristics it determines.

CHAPTER XIV

OTHER PROVISIONS

178. A ward council in existence on 31 December 2001 shall continue to exist and to have jurisdiction in the territory for which it was created until a ward council created in accordance with sections 35.1 to 35.17 of the Charter acquires jurisdiction over part of or all the territory in its stead.

From that day, the ward council in existence on 31 December 2001 shall cease to have jurisdiction in the territory in which a ward council created in accordance with sections 35.1 to 35.17 acquires jurisdiction.

179. A ward council in existence on 31 December 2001 shall be dissolved in accordance with the procedures provided for in section 35.11 of the Charter where the entire territory over which it had jurisdiction on 31 December 2001 is subject to the jurisdiction of a ward council created in accordance with sections 35.1 to 35.17 of the Charter or, at the latest, two years after the coming into force of a by-law under section 35 of the Charter.

Notwithstanding the first paragraph, the city council may authorize a ward council in existence on 31 December 2001 not to dissolve if, in the opinion of the city council, the territory of the ward described in the by-law under section 35 of the Charter corresponds significantly to the territory of the ward in existence on 31 December 2001.

180. A ward council in existence on 31 December 2001 shall continue to be subject to the operation and composition by-laws in force on 31 December 2001, but shall become subject to the by-laws relating to the formation, composition and operation of a ward council passed by the city council, upon the coming into force of a by-law to that effect under sections 35.12 or 35.13 of the Charter.

181. The Ville de Québec fire commissioner in office on 15 November 2000 is entitled to a pension equal to his salary on that date, payable in the same manner and by the same persons as provided for in sections 182 and 183 of the Charter of the city of Québec (1929, chapter 95) as they read on that date.

182. The clerk may amend minutes of a meeting, by-law, resolution, order or other act of the municipal council, executive committee, or borough council to correct an error that is obvious on the simple reading of documents produced in support of a decision or action. In such cases, the clerk shall attach to the original document that was amended the minutes of the correction and shall table, before the next meeting of the municipal council, executive committee or borough council, as the case may be, a copy of the amended document and the minutes of the correction.

183. The Minister of Municipal Affairs and Greater Montréal may, upon the city’s request, postpone a deadline imposed on the city under a legislative provision the application of which lies with the Minister of Municipal Affairs and Greater Montréal. Where it is expedient to do so, the Minister may grant another postponement according to the conditions the Minister determines.

An action or a document is not unlawful on the sole grounds that it was made or adopted after the expiry of a deadline imposed on the city, or, as the case may be, granted or postponed by the Minister under the first paragraph.

184. The contracts under the jurisdiction of the city council or the executive committee shall be signed on behalf of the city by the mayor and the clerk. The mayor may designate in writing, in a general or special manner, another member of the executive committee who may sign contracts in his stead.

The executive committee may authorize, upon proposal of the mayor, in a general or special manner, the director general, department head, or another designated officer, to sign the contracts or documents the nature of which the committee determines and that fall under the jurisdiction of the city council or the executive committee, except the by-laws and resolutions, and prescribe, in such cases, that certain contracts or documents or certain classes of these do not require the clerk’s signature.

The contracts under 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 designated by the clerk. The chair of the borough council may authorize in writing, in a general or special mandate, another member of the borough council to sign the contracts in his stead.

The borough council may authorize, on proposal by the chair, in a general or special mandate, the borough manager, the department head or another officer the council director designates, to sign the contracts and documents the nature of which the council determines and that fall under the jurisdiction of the borough council, except the by-laws and resolutions, and prescribe, in such cases, that certain contracts or documents or certain classes of these do not require the clerk’s signature.

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 authorized signatory under this section.

185. The city may revise part or all of its by-laws and for that purpose, revoke or amend them; however, those revocations or amendments may not be construed as affecting any matter or thing done or to be done, any rights or obligations of city officers, who shall continue to be governed by the prior by-laws until the expiry of the set term.

For the purposes of the first paragraph, the council may, by by-law, establish a terminology as well as rules for the writing, citation and publication of revised by-laws. It may also establish in that by-law all the rules required for the coming into force of the revised by-laws and provide for the updating mechanisms to ensure a permanent consolidation of the by-laws.

186. Notwithstanding section 79 of the Act respecting municipal taxation (chapter F-2.1), the documents collected or prepared by the assessor more than 15 years before to draw up the roll, whether they were used or not for the roll, and were sent to the city archives, shall be subject to the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

187. Notwithstanding any provision to the contrary, a person who contravenes a provision of the Charter or an order under section 9 of the Charter commits an offence and is liable to a fine of at least $100 for an offence against the Charter or an order, $50 for an offence against a by-law and up to $1 000 if the offender is a natural person or $2 000 if a legal person, and, for subsequent offences, to a fine of at least $500 up to $2 000 if the offender is a natural person or $4 000 if the offender is a legal person.

187.1. The filing of a document of the Société de l’assurance automobile du Québec containing information relating to the identity of the owner of a vehicle the registration number of which is indicated on the statement of offence, or indicating the classes, conditions and restrictions of the driver’s licence of a prosecuted person, whether the document is transmitted by the Société or obtained with its authorization in accordance with law, constitutes, failing any evidence to the contrary, proof of the identity of the owner of the vehicle in penal proceedings instituted before the municipal court for an offence against a provision of a traffic by-law, a motor vehicle parking by-law or a by-law respecting the use of a motor vehicle or its accessories, or for any offence against a provision of the Highway Safety Code (chapter C-24.2), the Transport Act (chapter T-12) or a regulation under any of those Acts.

To be admissible as evidence, the document need only bear the attestation of an employee of the city to the effect that the document emanates from the Société de l’assurance automobile du Québec.

188. The city shall succeed to the rights, property and obligations of the Bureau d’assainissement des eaux du Québec métropolitain, established under the Greater Québec Water Purification Board Act (1968, chapter 56).

189. The city may, by filing a declaration under the private signature of the clerk describing the immovables and real rights of the Bureau d’assainissement des eaux du Québec métropolitain, of the Communauté urbaine de Québec or of a municipality referred to in section 5 of the Charter, register those immovables or real rights under its name.

190. Until the coming into force of the metropolitan land use planning and development plan of the Communauté métropolitaine de Québec, the city shall be a member of the Agence des forêts privées de Québec 03, created under the Forest Act (chapter F-4.1).

From the date of coming into force of the metropolitan land use planning and development plan of the Communauté métropolitaine de Québec, the Communauté métropolitaine de Québec shall be a member of the Agence des forêts privées de Québec 03.

A regional county municipality whose territory is included in the Communauté métropolitaine de Québec and the cities of Québec and Lévis shall cease to be members of the said Agence des forêts privées de Québec 03 from the date of coming into force of the metropolitan land use planning and development plan of the Communauté métropolitaine de Québec.

191. The auditors appointed by the Communauté urbaine de Québec and by the municipalities referred to in section 5 of the Charter must complete their mandate for the 2001 fiscal year and report on their audit to the city council.

192. The provisions of the Charter of the city of Québec (1929, chapter 95), the Charter of the city of Sainte-Foy (1976, chapter 56) and any specific legislative provision governing the Communauté urbaine de Québec or a municipality referred to in section 5 of the Charter authorizing the payment of a pension, retirement indemnity or other benefit shall not be repealed by section 229 of the Act to reform the municipal territorial organization of the metropolitan regions of Montréal, Québec and the Outaouais (2000, chapter 56) or by section 177 of the Charter for the sole purpose of preserving any rights held at 31 December 2001.

193. Any reference in an Act or by-law to a provision repealed by section 229 of the Act to reform the municipal territorial organization of the metropolitan regions of Montréal, Québec and the Outaouais (2000, chapter 56) or by section 177 of the Charter is deemed a reference to the corresponding provision of the Charter, an order under section 9 of this Charter or the Cities and Towns Act (chapter C-19).

194. In the event of inconsistency between a provision of this Schedule and a provision of the Charter, the former shall prevail.

195. No provision of this Schedule or other provision remaining in force under this Schedule shall restrict the scope of any provision of an Act applicable to the city or any municipality in general or to one of their bodies, for the sole reason that is it similar to such provision but written in more specific terms.

O.C. 1309-2001, s. 25; 2001, c. 68, s. 160 to s. 166; 2002, c. 37, s. 64 to s. 69.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R‐3), Schedule II 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-11.5 of the Revised Statutes.