C-37.2 - Act respecting the Communauté urbaine de Montréal

Updated to 1 May 2000

This document has official status.

chapter C-37.2

Act respecting the Communauté urbaine de Montréal

TITLE I COMMUNAUTÉ URBAINE DE MONTRÉAL

DIVISION I DEFINITIONS

1. In this Act, unless the context imposes a different meaning, the following expressions and words mean respectively:

(a)  “Urban Community” or “Community” : the legal person constituted by section 2;

(b)  “executive committee” : the executive committee of the Community;

(c)  “Council” : the Council of the Community;

(d)  (paragraph repealed);

(e)  (paragraph repealed);

(f)  (paragraph repealed);

(g)  (paragraph repealed);

(h)  (paragraph repealed);

(i)  (paragraph repealed);

(j)  (paragraph repealed);

(k)  “department head” : the director general, the secretary, the treasurer, the chief of the police department or any department head appointed under section 104 or 105.

1969, c. 84, s. 1; 1971, c. 93, s. 1; 1974, c. 82, s. 1; 1977, c. 5, s. 14; 1982, c. 18, s. 1; 1984, c. 27, s. 52; 1985, c. 31, s. 1; 1993, c. 68, s. 1; 1996, c. 2, s. 507.

DIVISION II CONSTITUTION OF THE URBAN COMMUNITY

2. A legal person in the public interest, consisting of the municipalities listed in Schedule A and the inhabitants and taxpayers in their territories, is hereby constituted under the name “Communauté urbaine de Montréal”.

The territory of the Community consists of the territories of the municipalities listed in Schedule A.

1969, c. 84, s. 2; 1977, c. 5, s. 14; 1993, c. 68, s. 2; 1996, c. 2, s. 508.

3. The head office of the Community shall be situated within its territory, in the place it shall determine.

After establishing or changing the location of its head office, the Community shall have a notice of the location published in a newspaper circulated in its territory.

1969, c. 84, s. 3; 1993, c. 68, s. 2.

4. (Replaced).

1969, c. 84, s. 4; 1993, c. 68, s. 2.

5. (Repealed).

1969, c. 84, s. 5; 1982, c. 18, s. 2.

6. The powers of the Community shall be exercised by the Council, except as regards those matters which are declared to be within the jurisdiction of the executive committee and the Council shall act by resolution except where this act provides for a by-law.

1969, c. 84, s. 6.

DIVISION III EXECUTIVE COMMITTEE

§ 1 . — Composition

7. The executive committee consists of thirteen members, including the chairman and two vice-chairmen.

1969, c. 84, s. 7; 1970, c. 66, s. 1, s. 13; 1982, c. 18, s. 3.

8. The chairman is appointed by the Council, from among its members. The Council may order the vote for this appointment to be taken by secret ballot, and provide the terms and conditions thereof.

If, at the first meeting of the Council at which a vote is taken to appoint a chairman, no candidate receives the majority of votes provided for in section 53, the appointment is made by a majority of two-thirds of the votes at the next meeting.

If no candidate receives a majority of two-thirds of the votes at that meeting, the chairman may be appointed by the Government, which may appoint a person who is not a member of the Council.

The third paragraph does not prevent the Council from proceeding with the appointment, upon a majority of two-thirds of the votes, at a meeting held after that mentioned in the second paragraph, provided the Government has not done so in its place.

1969, c. 84, s. 8; 1982, c. 18, s. 3.

9. The chairman, after his appointment and before taking office, must resign from office as a member of the council of a municipality.

However, he remains a member exofficio of the Council.

1969, c. 84, s. 9; 1982, c. 18, s. 3.

10. The twelve other members of the executive committee are

(1)  the chairman and the vice-chairman of the Council; and

(2)  the chairman and the vice-chairman of each of the committees referred to in section 82.

1969, c. 84, s. 10; 1982, c. 18, s. 3.

11. The vice-chairmen of the executive committee are appointed by the Council from among the members contemplated in section 10. One shall be chosen from among the representatives of Ville de Montréal and the other from among the représentatives of the other municipalities.

1969, c. 84, s. 11; 1982, c. 18, s. 3; 1996, c. 2, s. 545.

12. The members of the executive committee shall take office after making the oath in accordance with the following form:

Oath of office


  I, the undersigned, ......................., do  
                      (given name and surname)
declare under oath that I will act as a member of the
executive committee of the Communauté urbaine de
Montréal faithfully and in conformity with the law.   

                             Signed: .................


Sworn 
before me, at ..................,
               (place)
on .............
     (date)


Signed: ...........................................
        (person authorized to administer the oath).

1969, c. 84, s. 12; 1974, c. 82, s. 2; 1982, c. 18, s. 3; 1996, c. 2, s. 509; 1999, c. 40, s. 68.

12.1. Within 60 days of his appointment, the chairman of the executive committee shall table before the Council a written statement disclosing the pecuniary interest held by him in immovables situated in the territory of the Community and in legal persons, partnerships and enterprises likely to make transactions with the Community or any municipal body of which he is a member.

The statement must include a list of the employments and administrative positions held by the chairman and of the loans he has obtained from a person or body other than a financial institution on which the balance in principal and interest is over $2 000.

The statement does not indicate the value of the interests listed or the extent of the chairman’s interests in legal persons, partnerships or enterprises. No mention shall be made of any sum of money deposited with a financial institution or of any bonds issued by a government, a municipality or any other public body that may be held by the chairman.

1985, c. 31, s. 2; 1987, c. 57, s. 779.

12.2. Each year, within 60 days after the anniversary of his appointment, the chairman shall table an updated statement before the Council.

1985, c. 31, s. 2; 1987, c. 57, s. 779.

12.3. If he fails to table the statement within the prescribed time, the chairman, from the tenth day following the expiry of that time and until his statement is tabled, is not entitled to attend as a member the sittings of the Council, of the executive committee, of the board of directors of the Société de transport de la Communauté or any committee thereof or sittings of any other board, committee, commission or public body of which he is a member by reason of the fact that he is the chairman of the executive committee. He shall lose for the same period the right to attend and speak as chairman at sittings of the commissions of the Council.

As soon as practicable after the expiry of the time prescribed for tabling the statement, the secretary shall notify the chairman who has failed to table the statement of his failure and of the effects thereof.

1985, c. 31, s. 2; 1987, c. 57, s. 779.

12.4. Where the chairman loses the right to attend sittings, he shall consequently lose the right to receive the remuneration or allowance provided for each sitting he is not entitled to attend.

Where the chairman’s remuneration or allowance is not established for each sitting, 1 % of the annual amount thereof shall be deducted for each sitting he is not entitled to attend.

1985, c. 31, s. 2; 1987, c. 57, s. 779.

12.5. If the chairman of the executive committee is present at a sitting when a matter in which he has, directly or indirectly, a personal pecuniary interest is to be taken up for consideration, he shall disclose the general nature of his interest before discussions on the matter are begun and abstain from taking part in the discussions and from voting or attempting to influence the vote on that matter.

The first paragraph also applies to any sitting of a board, committee or commission of the Community or any municipal body of which the chairman is a member.

Where the sitting is not public, the chairman, in addition to complying with the requirements of the first paragraph, shall, after disclosing the general nature of his interest, leave the sitting while the matter is being discussed and voted on.

Where the matter is taken up for consideration at a sitting not attended by the chairman, he shall disclose the general nature of his interest at the next sitting he attends.

1985, c. 31, s. 2; 1987, c. 57, s. 779.

12.6. Section 12.5 does not apply where the chairman’s interest consists of remuneration, allowances, reimbursements of expenses, social benefits or other conditions of employment attached to his duties with the Community or the municipal body.

Nor does section 12.5 apply where the chairman’s interest is so minor that the chairman cannot reasonably be influenced by it.

1985, c. 31, s. 2; 1987, c. 57, s. 779.

12.7. For the purposes of sections 12.1, 12.5, 12.6 and 12.8.3 to 12.8.5, the words “municipal body” have the same meaning as in the provisions of the Act respecting elections and referendums in municipalities (chapter E-2.2) which regard the disclosure of the pecuniary interests of the members of the council of a municipality.

1987, c. 57, s. 779; 1993, c. 68, s. 3.

12.8. Every person who

(1)  makes a written declaration of his pecuniary interests under section 12.1 or 12.2 with the knowledge that it is incomplete or contains a false statement or information, or who

(2)  in contravention of section 12.5 as to a matter that is to be taken up for consideration by a council, committee or commission of which he is a member and in which he knows he has, directly or indirectly, a personal pecuniary interest,

(a)  fails to disclose the general nature of that interest before the discussions on that matter are begun where he is present, at the sitting at which it is to be taken up for consideration or, if he is not present, at the next sitting of the council, committee or commission he attends;

(b)  fails to abstain from taking part in the discussions and from voting or attempting to influence the vote on the matter;

(c)  fails to leave the sitting after having disclosed the general nature of his interest, while the matter is being discussed and voted on, where the sitting is not public,

is disqualified from holding office as chairman or as a member of the council of a municipality.

The disqualification continues until the expiry of a period of five years after the day the judgment declaring the person disqualified becomes a res judicata. The disqualification ceases, however, if the person obtains a pardon.

1987, c. 57, s. 779.

12.8.1. Every person who is convicted of an offence that is a corrupt electoral practice within the meaning of section 645 of the Act respecting elections and referendums in municipalities (chapter E-2.2) or of section 567 of the Election Act (chapter E-3.3) is disqualified from holding office as chairman.

The disqualification shall continue for five years from the day the judgment convicting the person becomes a res judicata.

1993, c. 68, s. 4.

12.8.2. Every person who is convicted, under any Act, of an offence which, pursuant to an Act of the Parliament of Québec or of Canada, is punishable by imprisonment for a term of two years or more and for which he is sentenced to imprisonment for 30 days or more, whether or not he serves the sentence, is disqualified from holding office as chairman.

The disqualification shall continue for a period equal to twice the length of the sentence pronounced, starting from the day on which the judgment convicting the person becomes a res judicata or the day the final sentence is pronounced, whichever is later.

1993, c. 68, s. 4.

12.8.3. Every person who knowingly, during his term as chairman, as member of the council of a municipality or as member of a municipal body, has an interest, directly or indirectly, in a contract with the Community, the municipality or body is disqualified from holding office as chairman.

The disqualification shall continue until the expiry of a period of five years from the day the judgment declaring the person disqualified becomes a res judicata.

1993, c. 68, s. 4.

12.8.4. Section 12.8.3 does not apply

(1)  where the person acquires his interest by succession or gift and renounces or divests himself of it as soon as practicable;

(2)  where the interest of the person consists in holding shares in a company which he does not control, in which he is neither a director nor an executive officer and in which he possesses less than 10 % of the outstanding voting shares;

(3)  where the interest of the person arises from the fact that he is a member, director or executive officer of another municipal body, 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 non-profit organization or an organization of which he is required by law, as chairman of the executive committee of the Community, as member of the council of the municipality or as member of the municipal body, to be a member, a director or an executive officer;

(4)  where the object of the contract is a remuneration, an allowance, the reimbursement of expenses, social benefits, goods or services to which the person is entitled as a condition of employment attached to his office within the Community, the municipality or the municipal body;

(5)  where the object of the contract is the appointment of the person to a position as an officer or employee, provided that the position is not one that makes its holder ineligible;

(6)  where the object of the contract is the providing of services generally offered by the Community, the municipality or the municipal body;

(7)  where the contract consists of bonds, notes or other securities offered to the public by the Community, the municipality or the municipal body, or in the acquisition of such bonds, notes or other securities on non-preferential terms;

(8)  where the object of the contract is the providing of goods or services that the person has an obligation to provide to the Community, the municipality or the municipal body pursuant to a legislative or regulatory provision;

(9)  where the object of the contract is the providing of goods by the Community, the municipality or the municipal body and where the contract was entered into before the person held office within the Community, municipality or body and before he became a candidate at the election in which he was elected;

(10)  in a case of irresistible force, where the general interest of the Community, municipality or municipal body requires that the contract be entered into in preference to any other contract.

1993, c. 68, s. 4.

12.8.5. A person who knowingly, during his term as chairman, member of the council of a municipality or member of a municipal body, uses his position to misappropriate moneys or commit a breach of trust or other misconduct is disqualified from holding office as chairman.

The disqualification shall continue until the expiry of a period of five years after the day the judgment declaring the person disqualified becomes a res judicata, unless the judgment fixes a shorter period.

1993, c. 68, s. 4.

12.9. Disqualification of the chairman may be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E-2.2), which then applies, in particular, as follows:

(1)  the action may be brought by any elector of a municipality whose territory is included in that of the Community, by that municipality or by the Attorney General;

(2)  the judicial district of the Superior Court before which the action is brought must include all or part of the territory of the Community;

(3)  the provisional execution of the judgment declaring the disqualification of the chairman has the same effect as the provisional execution of a judgment declaring the disqualification of a person who is a member of the council of a municipality;

(4)  the applicant must serve on the secretary of the Community the documents required to be served under section 312 of the Act respecting elections and referendums in municipalities and the secretary must give the notices prescribed in that section.

1987, c. 57, s. 779; 1993, c. 68, s. 5.

12.10. If the chairman attends a sitting in his capacity as chairman with the knowledge that he has lost the right to do so under section 12.3, he is guilty of an offence.

Where the chairman is guilty of the offence described in the first paragraph, he is liable to a fine of $50 to $500 for each sitting he attends without right.

1987, c. 57, s. 779; 1990, c. 4, s. 282.

12.11. An act performed by a board, committee, commission or body at a sitting attended by the chairman despite his being disqualified from holding office or his having lost the right to attend that sitting is not invalid by reason only of the fact that he attends the sitting.

1987, c. 57, s. 779.

13. The term of office of the chairman of the executive committee is four years.

However, if he is elected or appointed a member of the council of a municipality before the expiry of such four years, his term of office expires on the date on which he is so elected or appointed.

The term of office of the chairman may be renewed without his having to be elected or appointed a member of the council of a municipality.

1969, c. 84, s. 13; 1982, c. 18, s. 3.

14. The term of every other member of the executive committee continues for as long as he is chairman or vice-chairman of the Council or of any committee referred to in section 82.

1969, c. 84, s. 14; 1982, c. 18, s. 3.

15. In the event of the resignation of a member of the executive committee, his term of office ends on the date of receipt by the secretary of the Community of a written notice to that effect, signed by the member.

The resignation of a member other than the chairman is likewise his resignation from office as chairman or vice-chairman of the Council or of any committee referred to in section 82.

1969, c. 84, s. 15; 1982, c. 18, s. 3.

16. Notwithstanding the end of his term of office, every member of the executive committee remains in office until his successor takes office.

1969, c. 84, s. 16; 1982, c. 18, s. 3.

17. Any vacancy in the office of chairman of the executive committee shall be filled within thirty days after the date on which it occurs, in accordance with section 8.

1969, c. 84, s. 17; 1982, c. 18, s. 3.

18. A member of the executive committee appointed vice-chairman remains in office until the earlier of the following dates:

(1)  that of the end of his term as a member of the executive committee;

(2)  that on which the secretary of the Community receives a written notice signed by the member advising him that he resigns from the office of vice-chairman.

The Council shall make the appointment provided for in section 11 within thirty days after the date mentioned in the first paragraph.

Notwithstanding the first paragraph, the vice-chairman remains in office until his successor is appointed.

1969, c. 84, s. 18; 1970, c. 66, s. 2, s. 13; 1974, c. 82, s. 3; 1982, c. 18, s. 3.

19. The chairman, the vice-chairmen and the other members of the executive committee are entitled to the remuneration, allowance and pension, whether contributory or not, fixed by by-law of the Council and paid by the Community.

The by-law fixing the remuneration or allowance may have effect retroactively to 1 January preceding its coming into force.

The by-law fixing the pension does not apply to a person who participates in the pension plan established under the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3).

1969, c. 84, s. 19; 1970, c. 66, s. 3, s. 13; 1975, c. 87, s. 1; 1982, c. 18, s. 3; 1988, c. 85, s. 87.

20. In no case may the chairman of the executive committee receive from the Community, from the Société de transport and from the Commission de développement de la métropole total annual remuneration greater than the maximum amount which the Government may fix by regulation.

The regulation may have retroactive effect from 1 January of the year in which it comes into force.

1969, c. 84, s. 20; 1970, c. 66, s. 4, s. 13; 1982, c. 18, s. 3; 1988, c. 30, s. 35; 1990, c. 41, s. 80; 1995, c. 65, s. 101; 1997, c. 44, s. 99.

21. In no case may the chairman of the executive committee receive from the Community and from the Société de transport a total annual expense allowance greater than the maximum amount established under the Act respecting the remuneration of elected municipal officers (chapter T-11.001).

1969, c. 84, s. 21; 1970, c. 66, s. 5, s. 13; 1982, c. 18, s. 3; 1982, c. 62, s. 143; 1983, c. 57, s. 75; 1988, c. 30, s. 35; 1990, c. 41, s. 81; 1995, c. 65, s. 102.

21.1. The chairman of the executive committee may continue to participate in the pension plan established under the Act respecting the Pension Plan of Elected Municipal Officers (chapter R‐9.3).

To continue to participate in the pension plan, the chairman shall, within 30 days of his resignation as member of the council of a municipality, give notice in writing to that effect to the Community and the Commission administrative des régimes de retraite et d’assurances. The notice shall maintain the participation of the chairman in the plan mentioned in the first paragraph from his resignation as member of the council of a municipality.

The Act respecting the Pension Plan of Elected Municipal Officers, with the necessary modifications, shall, in that case, apply as if the Community were a municipality having adhered to the plan in his respect.

1984, c. 32, s. 35; 1988, c. 85, s. 88.

21.2. A by-law of the Council fixing a pension under section 19 does not apply to the chairman of the executive committee who maintains his participation in the pension plan mentioned in section 21.1.

1984, c. 32, s. 35; 1988, c. 85, s. 88.

22. The years during which a person holds office as chairman of the executive committee of the Community count for the purposes of computing the pension payable to such person as a member of the council of a municipality in accordance with the Act governing such municipality. In that case, such pension shall be paid jointly by the municipality and the Community in proportion to the period during which such person held office as chairman of the executive committee of the Community or as a member of the council of the municipality; the pension shall be paid at the times and in the manner determined by the Government.

1969, c. 84, s. 22; 1970, c. 66, s. 6, s. 13; 1982, c. 18, s. 3; 1984, c. 32, s. 36.

22.1. The Council may, by by-law, provide for the payment by the Community of a transition allowance to any person who ceases to hold office as chairman of the executive committee after having held office as such during not less than 24 months preceding the end of his term.

The amount of the allowance is equal to the product obtained by multiplying the amount of the person’s bi-monthly remuneration at the date of the end of his term by the number of full years during which he held office as chairman of the executive committee; the amount of the allowance is increased by that part of his bi-monthly remuneration that is proportional to any part of a year during which he held office as chairman of the executive committee beyond the full years. The amount of the allowance shall not exceed four times his bi-monthly remuneration at the date of the end of his term.

The Council shall fix the terms and conditions of payment of the allowance. It may delegate that power to the executive committee.

1988, c. 30, s. 36.

22.2. The Community shall pay a severance allowance to the person who ceases to hold the position of chairman of the executive committee after having accumulated during his term two or more years of credited service under the pension plan established by the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3).

The amount of the allowance is equal to the product obtained by multiplying the amount of the average bi-weekly remuneration computed on the basis of a period of 12 consecutive months preceding the date on which he ceased to hold the position of chairman of the executive committee by the number of years of service credited, while holding that position, from 1 January 1992; the amount of the allowance is increased by that part of the bi-weekly remuneration which is proportional to any part of a year of credited service.

If a person who has already received a severance allowance again holds the position of chairman of the executive committee, the Community, when he again ceases to hold the position of chairman, shall pay to him an allowance computed in accordance with the second paragraph, excluding, however, for the purposes of the computation, the years or parts of years of service for which the person has already received such allowance.

If a person who again holds the position of chairman of the executive committee is subject to section 39 or 80 of the Act respecting the Pension Plan of Elected Municipal Officers, the Community shall pay to him, when he again ceases to hold the position of chairman, an allowance computed in accordance with the third paragraph, on the basis, however, of the years or parts of years for which the person again held the position of chairman of the executive committee, whether or not he was participating in the pension plan at that time.

The total amount of the allowance shall not exceed the remuneration received by the person in the period of 12 consecutive months preceding the date on which he ceased to hold the position of chairman of the executive committee.

1993, c. 68, s. 6.

22.3. For the purposes of sections 22.1 and 22.2, a person does not cease to hold the position of chairman of the executive committee on the expiry of his term if the term is renewed.

1993, c. 68, s. 6.

23. The expenses actually incurred by any member of the executive committee on behalf of the Community must, in each case, have been previously authorized by the committee. The latter shall approve payment thereof upon receipt of a statement with vouchers annexed.

1969, c. 84, s. 23; 1970, c. 66, s. 7, s. 13; 1974, c. 82, s. 4; 1982, c. 18, s. 3.

24. The executive committee may establish a tariff applicable where expenses are incurred by any of its members on behalf of the Community.

Payment of an amount provided for in the tariff for an expense referred to in the first paragraph shall be approved by the committee upon receipt of a statement with the voucher required by the committee.

1969, c. 84, s. 24; 1971, c. 91, s. 1; 1982, c. 18, s. 3.

25. The Council may provide sufficient appropriations in the budget of the Community for the reimbursement of a class of expenses which the members of the executive committee may incur on behalf of the Community during the fiscal year, whether such expenses are actually incurred or provided for in the tariff.

The executive committee is not required to give prior authorization for an expense included in such a class, if it does not exceed the balance of the appropriations, after subtracting the sums already used or set aside to reimburse previous expenses.

If all the appropriations for a fiscal year have been used, the executive committee may appropriate, for the purposes provided in this section, all or part of the balance of the sums provided for in the budget to cover unforeseen administrative expenses.

1969, c. 84, s. 25; 1982, c. 18, s. 3.

25.1. Sections 23 to 25 apply in respect of acts performed or expenses incurred while the member of the executive committee is representing the Community otherwise than in the course of the work of bodies of which he is a member within the Community or another municipal body, or while he is participating in any convention, seminar or other event held for the purpose of providing information or training relevant to the performance of his duties.

Those sections also apply in respect of acts performed or expenses incurred, for the purposes of meals, at a meeting of the executive committee or another authority of the Community or another municipal body, or at any other meeting held in connection with such a meeting, to the extent that no member of the executive committee or of the authority concerned was excluded from the meeting for any cause other than the member’s disqualification.

1996, c. 27, s. 120; 1997, c. 93, s. 100.

§ 2 . — Functions

26. The executive committee shall be responsible for the management of the affairs of the Community. It shall see that the law, the by-laws, the resolutions and decisions of the Council and the contracts are complied with and carried out.

For such purposes, the executive committee may of its own motion take all such steps as it deems expedient and give appropriate instructions to the officers or employees of the Community. It may, through its chairman or vice-chairman, require any information that it needs from the director general, or require such information from the head of the department concerned where that head is not under the authority of the director general.

1969, c. 84, s. 26; 1982, c. 18, s. 4.

27. The executive committee shall see to the preparation of plans and specifications, and to the calling for tenders.

1969, c. 84, s. 27.

28. The executive committee, upon a report of the director general of the Community and of the head of the department concerned, may:

(a)  accept, for Community purposes, any loan for use or any transfer of movable or immovable property made by gratuitous title;

(b)  approve plans of boundaries between properties of the Community and those of third parties;

(c)  have any corrections made in the official plan and book of reference;

(d)  approve any plan for amending the cadastre which requires the approval of the Community;

(e)  approve any deed to correct the description of an immovable sold by the Community;

(f)  cancel any balance of credits placed at its disposal when the purposes for which such credits were voted are achieved;

(g)  make resolutions concerning all litigious matters and give the attorneys of the Community the requisite instructions respecting such matters;

(h)  enter into a contract of lease, of occupancy or of use of movable or immovable property for a period not exceeding one year, except in cases where the exercise of this power is expressly reserved to the Council;

(i)  alienate any property of the Community the value of which does not exceed $10 000 according to a report of its assessor in the case of an immovable or of the head of the department concerned in the case of a movable property;

(j)  with the prior approval of the Minister, prescribe uniform accounting methods and procedures applicable to the municipalities whose territories are included in that of the Community in all matters under the jurisdiction of the Community;

(k)  exercise the powers and rights and perform the duties which devolve to the Community under section 362 of chapter 84 of the statutes of 1969;

(l)  authorize the making of a contract with a view to enabling the Community to own, acquire or use, during the execution of works within its jurisdiction, a servitude or any other right necessary or useful for such execution;

(m)  strike out from the books of account of the Community any claim that, according to a report of the treasurer, is de facto or de jure a bad debt.

The executive committee may, by by-law, delegate to an officer or employee of the Community, on the conditions it determines, all or part of the powers provided for in the first paragraph.

1969, c. 84, s. 28; 1971, c. 90, s. 1; 1972, c. 73, s. 1; 1982, c. 18, s. 5; 1984, c. 27, s. 53; 1995, c. 71, s. 22; 1996, c. 2, s. 546.

29. Unless otherwise provided in this act, the executive committee shall appoint all the officers of the Community and shall fix their salaries and other conditions of employment.

The official title of a department head or of the person responsible for an administrative unit designates his assistant or any other person authorized by the executive committee to replace him, when such assistant or person acts in his stead.

1969, c. 84, s. 29; 1971, c. 90, s. 2; 1982, c. 18, s. 6; 1995, c. 71, s. 23.

30. The executive committee shall authorize the payment of all sums due by the Community, observing the formalities, restrictions and conditions prescribed by this Act.

The executive committee may, with the approval of the Council, pass a by-law to empower an officer or employee of the Community to authorize the payment of all or part of the sums due by the Community.

1969, c. 84, s. 30; 1993, c. 68, s. 7.

31. Subject to any contrary provision of this Act, the appropriations voted by the Council by way of the budget, out of the authorized loans or otherwise, 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.

1969, c. 84, s. 31; 1982, c. 18, s. 7.

32. (Repealed).

1969, c. 84, s. 32; 1971, c. 90, s. 3; 1977, c. 80, s. 7; 1982, c. 18, s. 8; 1984, c. 32, s. 37.

33. The executive committee, with the approval of the Council, may make a by-law respecting its government and its internal management, subject to the provisions of this Act.

The executive committee may likewise, with the same approval, make a by-law prescribing administrative standards and establishing an organization plan for the departments of the Community, or prescribing the staffing requirements for the management of such departments. The by-law may give to the director general, the secretary or the head of the police department full or partial responsibility for applying such standards or plan, or for hiring personnel the executive committee is authorized to hire. The by-law may also give to the director general full or partial responsibility for dismissing or suspending, with or without pay, an officer or employee of the Community to whom section 106, 192 or 198 does not apply, or for reducing his salary.

The director general, the secretary or the head of the police department may, to the extent permitted under the by-law provided for in the second paragraph, subdelegate to the head of a department or to the person responsible for an administrative unit under his authority all or part of the responsibilities given to him.

1969, c. 84, s. 33; 1982, c. 18, s. 9; 1993, c. 68, s. 8; 1995, c. 71, s. 24.

33.1. The executive committee, with the approval of the Council, may make a by-law delegating to any officer or employee of the Community the power to authorize expenditures and to enter into contracts in the name of the Community.

The by-law shall indicate:

(1)  the area of competence to which the delegation applies;

(2)  the amounts of the expenditures the officer or employee may authorize;

(3)  the other conditions on which the delegation is made.

The rules for the awarding of contracts by the executive committee, adapted as required, apply to any contract awarded under this section. However, in any case where the authorization of the Minister of Municipal Affairs and Greater Montréal is required for the awarding of a contract to any other person than the person who made the lowest tender, only the executive committee may apply to the Minister for the authorization.

To be valid, an authorization to make expenditures granted pursuant to a delegation shall be the subject of a certificate of the treasurer establishing that there are sufficient appropriations for that purpose. No such authorization may be granted if it commits the credit of the Community for a period extending beyond the current fiscal year.

Every officer or employee who grants an authorization to make expenditures shall transmit a report thereof to the executive committee within the next thirty days.

1985, c. 31, s. 3; 1995, c. 71, s. 25; 1999, c. 43, s. 13.

34. The executive committee may of its own right, make a report to the Council on any matter within the competence of the executive committee or of the Council.

The executive committee shall furnish the Council with any information requested of it in writing by a member of the Council.

1969, c. 84, s. 34.

35. The chairman of the executive committee shall direct the affairs and activities of the Community and its officers and employees, over whom he shall have a right of supervision and control. He shall see to the observance and faithful and impartial carrying out of this Act and of the by-laws of the Community and of the decisions taken by it.

He shall sign, together with the secretary, all the contracts of the Community, except those entered into following a delegation authorized by any provision of this Act. However, the executive committee may appoint another person to sign, together with the secretary, all the contracts of the Community, any category of such contracts or any given contract. No such person may sign a contract except where the chairman and the vice-chairmen are unable or refuse to do so, in the circumstances referred to in section 36.

The chairman of the executive committee may, for cause, suspend any officer or employee of the Community, with or without pay. He shall in such a case make a report to the executive committee at the first meeting thereafter and state his grounds in writing.

The officer or employee who is suspended without pay ceases thereupon to receive his salary and, where that is the case, the allowance to which he is entitled. The suspension lasts until the next meeting of the Council or of the executive committee, according to which of them is competent to dismiss the officer or employee or to reduce his salary.

The Council or the executive committee, as the case may be, may extend the suspension or impose another penalty in accordance with this Act.

1969, c. 84, s. 35; 1982, c. 18, s. 10; 1993, c. 68, s. 9; 1995, c. 71, s. 26.

36. Each of the two vice-chairmen of the executive committee shall, in turn, be first vice-chairman for a term of three months. When appointing them, the Council shall determine which shall be first vice-chairman for the initial three month term. The rotation is not affected by the replacement of either of the vice-chairmen.

The first vice-chairman shall replace the chairman if the latter is absent or unable or unwilling to act, or where the office of chairman is vacant and the chairman is unable or unwilling to remain in office until his successor takes office.

If the first vice-chairman is absent or unable or unwilling to act, or where the office of first vice-chairman is vacant and the first vice-chairman is unable or unwilling to remain in office until his successor takes office, the second vice-chairman shall act in his stead, in accordance with the second paragraph.

1969, c. 84, s. 36; 1982, c. 18, s. 11.

§ 3 . — Procedure

37. The meetings of the executive committee are presided over by the chairman of such committee or by one of its vice-chairmen in the case referred to in section 36; where both vice-chairmen are absent or are unable or refuse to act, or if their offices are vacant and they are unable or unwilling to remain in office until their successors take office, the members present shall appoint one of their number to replace the vice-chairman temporarily.

1969, c. 84, s. 37; 1982, c. 18, s. 12; 1999, c. 40, s. 68.

38. The sittings of the executive committee shall be held at the place and time and on the day fixed by a by-law made under section 33 of this act.

1969, c. 84, s. 38.

39. The quorum at meetings of the executive committee is seven members, including at least two representatives of Ville de Montréal and two representatives of the other municipalities.

1969, c. 84, s. 39; 1970, c. 66, s. 8, s. 13; 1982, c. 18, s. 13; 1996, c. 2, s. 545.

40. Each member of the executive committee, including its chairman, shall have one vote; in the case of a tie vote, the chairman shall not have a second vote; in such case, the decision shall be deemed to be negative.

Section 54 of this act shall apply, with the necessary modifications, to the members of the executive committee.

1969, c. 84, s. 40; 1999, c. 40, s. 68.

40.1. If at least four representatives of Ville de Montréal or four representatives of the other municipalities vote against an affirmative decision of the committee, the decision has no effect until the next meeting of the committee.

The question must be put to the vote at that next meeting. If the decision is confirmed by the second vote but the opposition referred to in the first paragraph is maintained, the decision has no effect until the next meeting of the Council.

The question shall be decided by the Council at that next meeting. Unless two-thirds of the votes are negative, the decision of the committee is confirmed and takes effect. Such confirmation does not give the decision of the committee stronger effect than if it had not been the object of the opposition referred to in the first paragraph.

1982, c. 18, s. 14; 1996, c. 2, s. 545.

40.2. The minutes of every meeting of the executive committee must be approved by the committee at a subsequent meeting.

However, the committee may exempt the secretary from reading the minutes if each member has received a copy of them before the meeting at which they must be approved.

Section 41 applies, with the necessary modifications, to the minutes.

1982, c. 18, s. 14.

41. Every report and resolution of the executive committee shall be signed by the person who presided over the meeting at which they were adopted or by a member present appointed by such person or by the executive committee, and by the secretary of the Community.

1969, c. 84, s. 41.

41.1. A member of the executive committee may, where circumstances so warrant, deliberate and vote at a meeting of the executive committee by telephone or other means of communication.

A member may avail himself of that right only if the following conditions are met:

(1)  the chairman of the executive committee or the person replacing him and the secretary of the Community are present at the same place; and

(2)  the telephone or other means of communication used permits all persons participating or present at the meeting to hear one another.

The minutes of the meeting must mention the names of members who participate at the meeting by telephone or other means of communication.

A member who deliberates and votes at a meeting by telephone or other means of communication in accordance with this section is deemed to be present at the meeting, and shall be included for the purpose of determining whether there is a quorum.

1996, c. 52, s. 21.

DIVISION IV COUNCIL

§ 1 . — Composition

42. The Council of the Community consists of

(1)  the chairman of the executive committee,

(2)  the mayor and councillors of Ville de Montréal, and

(3)  one delegate from each of the other municipalities listed in Schedule A.

In the case of municipalities other than Ville de Montréal, the mayor is a delegate ex officio to the Council of the Community. The council of the municipality may designate a substitute delegate among its members to replace the mayor if he is absent or is unable or refuses to act, or if the office of mayor is vacant; the designation is made by resolution and a copy thereof shall be sent to the Community before the first meeting the substitute delegate attends; the member of the council of the municipality who is designated as a substitute delegate shall so remain until the designation is revoked or for the term indicated in the designation provided he remains a member of the council of the municipality.

Nevertheless, when a delegate begins to attend a meeting of the Council he cannot be replaced at such a meeting while it lasts.

1969, c. 84, s. 42; 1970, c. 66, s. 9, s. 13; 1971, c. 90, s. 4; 1982, c. 18, s. 15; 1985, c. 31, s. 4; 1996, c. 2, s. 510; 1999, c. 40, s. 68.

43. The members of the Council who are appointed members of the executive committee shall retain their seats on the Council and shall be entitled to vote on any motion, matter or report presented or submitted to the Council.

1969, c. 84, s. 43.

44. Within the first fifteen days of his term of office, every member of the Council shall inform the secretary of the Community in writing of the address in the territory of the Community at which all official communications of the Community must be sent to him. He may in the same manner change such address.

1969, c. 84, s. 44.

§ 2 . — Meetings

45. The regular meetings of the Council shall be held at least every two months.The date of each of such meetings shall be fixed by the Council and the notice of convocation shall mention that it is for a regular meeting.

At a regular meeting of the Council, any member, provided he has notified the secretary of the Community in writing thereof within the prescribed time in order to have the secretary enter the question on the agenda paper, may make a motion that the executive committee report to the Council on any matter within the Council’s competence; such member may then state the reasons in support of his motion, and if the motion is seconded, the other members of the Council have the same right to speak to the motion; if the motion is passed, the executive committee shall report to the Council, in order to have measure passed, at the first regular meeting after the expiry of sixty days from the passing of the motion. Such question shall be included in the agenda paper of such meeting.

1969, c. 84, s. 45; 1982, c. 18, s. 16.

46. The agenda paper for each regular meeting of the Council shall be prepared by the secretary of the Community and include the matters referred to him in due time or, in accordance with the internal management by-laws of the Council, by

(1)  the executive committee,

(2)  the chairman of the executive committee,

(3)  any committee,

(4)  any group of at least fifteen members of the Council, or

(5)  any member of the Council, in accordance with section 45.

The agenda paper of any regular meeting of the Council must also include any matter required by law to be discussed at such meeting.

1969, c. 84, s. 46; 1982, c. 18, s. 17.

47. The special meetings of the Council are called by the secretary of the Community upon the request of the chairman of the Council, of the chairman of the executive committee, of the executive committee itself or of a committee, or upon the written request of not fewer than fifteen members of the Council. The notice of convocation must mention the matters to be discussed, according to the request, and stands in lieu of an agenda paper.

At a special meeting of the Council, and at any adjournment of such meeting, no business but that specified in the notice of convocation shall be considered.

1969, c. 84, s. 47; 1982, c. 18, s. 18.

48. A copy of the agenda paper for every regular meeting and the notice of convocation of every meeting must be sent by the secretary of the Community and delivered by an officer of the Community, a peace officer, or a parcel delivery service which delivers mail to each member of the Council, at least three days before the regular meeting or at least 36 hours or, in exceptional circumstances, 24 hours before the time fixed for the opening of the special meeting. The notice of convocation of a special meeting may also be sent by facsimile transmission, within the prescribed time, to each member of the Council.

The secretary shall publish prior notice of the holding of each meeting of the Council, in a newspaper circulated in the territory of the Community.

The second paragraph does not apply in the case of a special meeting for which the notice of convocation is prepared less than 36 hours before the time fixed for the opening of the meeting.

1969, c. 84, s. 48; 1975, c. 87, s. 2; 1982, c. 18, s. 19; 1996, c. 52, s. 22.

49. Whenever, at a meeting, the business submitted could not be entirely disposed of on the first day, the Council must adjourn to a subsequent date which must not be later than the eighth day following the date of such meeting.

When, at 12:00 p.m., the Council itself has not decided as to the adjournment, the sitting shall be automatically suspended from such time, except for the purposes of fixing the date of adjournment, and if the Council fails to fix a date of adjournment before 1:00 a.m., the meeting shall automatically be adjourned to the next following juridical day, at 7:30 p.m.

For the purposes of this section, Saturday is a non-juridical day.

1969, c. 84, s. 49; 1993, c. 68, s. 11; 1999, c. 40, s. 68.

50. The meetings of the Council shall be open to the public.

Every meeting of the Council must include a period during which the persons attending may put oral questions to the members of the Council.

1969, c. 84, s. 50; 1982, c. 18, s. 20.

51. The Council may make by-laws respecting its administration and internal management.

The by-laws may, in particular, prescribe the length and time of the question period at meetings of the Council, and the procedure to be followed to put a question.

1969, c. 84, s. 51; 1982, c. 18, s. 20.

51.1. A quorum at sittings of the Council is the majority of the members, including at least one-third of the representatives of Ville de Montréal and one-third of those of the other municipalities.

1982, c. 18, s. 20; 1996, c. 2, s. 545.

52. On any matter submitted to the Council, each member appointed by the municipalities other than Ville de Montréal shall be entitled to one vote for each 1 000 inhabitants of the municipality which he represents; each fraction lower than one half shall be disregarded and each fraction equal to or higher than one half shall confer one additional vote upon such member.

On any matter submitted to the Council, each member representing Ville de Montréal shall have a number of votes equal to the population of Ville de Montréal divided by one thousand times the number of the members of the Council representing such city; each fraction of such result lower than one half shall be disregarded and each fraction equal to or higher than one half shall confer one additional vote upon the members of the Council representing Ville de Montréal.

The chairman of the executive committee has one vote.

1969, c. 84, s. 52; 1970, c. 66, s. 10, s. 13; 1982, c. 18, s. 21; 1996, c. 2, s. 511.

53. The decisions of the Council are taken by a majority vote. Such majority must include both a majority of the votes cast by the representatives of Ville de Montréal and a majority of the votes cast by the representatives of the others municipalities.

1969, c. 84, s. 53; 1977, c. 5, s. 14; 1982, c. 18, s. 22; 1996, c. 2, s. 545.

54. Every member of the Council present at a meeting must vote unless he is prevented from voting by reason of his interest in the matter concerned under this Act or the Act respecting elections and referendums in municipalities (chapter E-2.2).

1969, c. 84, s. 54; 1987, c. 57, s. 780.

55. The minutes of the votes and proceedings of the Council shall be entered in a book kept for such purpose by the secretary of the Community; they shall be signed by the chairman of the Council and by the secretary.

The minutes of any meeting shall be read at a subsequent meeting unless a copy of them has been given to each member of the Council not later than at the convening of the latter meeting. The minutes must be approved by the Council at the latter meeting.

1969, c. 84, s. 55; 1982, c. 18, s. 23.

56. The Council, by by-law, shall fix the remuneration and allowance of its members. Such remuneration and allowance are paid by the Community.

The by-law may have effect retroactively to 1 January preceding its coming into force.

Sections 23 to 25.1 apply in respect of members of the Council who are not members of the executive committee.

The by-law provided for in the first paragraph may determine the cases where the substitute delegate, rather than the delegate, receives the remuneration and allowance; the substitute delegate’s remuneration and allowance fixed in the by-law may be different from those fixed for the members of the Council who are referred to in the first paragraph of section 42.

1969, c. 84, s. 56; 1971, c. 90, s. 5; 1982, c. 18, s. 24; 1985, c. 31, s. 5; 1996, c. 27, s. 121.

56.1. The Council may, by the by-law adopted under any of sections 19, 56 or 101.6, prescribe the conditions under which the failure of a member of the Council, of the executive committee or of a committee to attend a meeting or sitting or to fulfill his obligation to vote at a meeting or sitting entails a reduction in his remuneration or indemnity, and prescribe the rules for computing the reduction.

1995, c. 71, s. 27.

57. (Repealed).

1969, c. 84, s. 57; 1985, c. 31, s. 6.

58. Any report of the executive committee to the Council may be approved, rejected, amended or returned.

A copy of every by-law on which the executive committee reports to the Council with a recommendation for adoption shall be sent with the notice of convocation of the meeting at which it is to be considered.

1969, c. 84, s. 58; 1982, c. 18, s. 25.

§ 3 . — By-laws

59. Several subject-matters may be provided for in one and the same by-law.

Where several subject-matters provided for in one and the same by-law require certain approvals before coming into force, it shall not be necessary that each of such subject-matters receive such approvals separately and it shall be sufficient that they be given to the by-law as a whole.

1969, c. 84, s. 59.

59.1. In no case where this Act or any other general law or special Act provides that a by-law must receive an approval may the by-law be published or come into force until it has received that approval.

In such a case, a certificate signed by the chairman of the Council and the secretary, attesting the date of each of the required approvals, must accompany and forms part of the original of such by-law.

1982, c. 63, s. 154.

60. The approval of a by-law or other proceeding of the Council by the Government or the minister, body or person whose approval is required has no other effect than that of rendering such by-law or proceeding executory, according to law, from its coming into force. Such approval may be replaced by an authorization.

Such approval may be of a part only, or qualified.

1969, c. 84, s. 60; 1977, c. 5, s. 14; 1982, c. 63, s. 155.

61. The original of every by-law shall be registered at length in a special book entitled “Book of the by-laws of the Communauté urbaine de Montréal.

The secretary shall also enter in such book, at the end of every by-law registered therein, a copy certified by himself of the notice of publication of such by-law.

The secretary shall be the custodian of the by-laws of the Community.

1969, c. 84, s. 61; 1977, c. 5, s. 14.

62. To be authentic, the original of a by-law shall be signed by the chairman of the Council and by the secretary.

1969, c. 84, s. 62.

63. Except where otherwise provided by law, every by-law of the Community shall come into effect and have force of law, if not otherwise provided for therein, on the day of the publication thereof.

1969, c. 84, s. 63.

64. Every by-law shall be published, after the passing thereof or its final approval in the case where it has been submitted to one or several approvals, by a public notice, under the signature of the secretary, published by being posted up at the office of the Community and by one insertion in a newspaper circulating in the territory of the Community, mentioning the object of the by-law, the date on which it was passed, and the place where communication thereof may be had.

If the by-law has received one or several approvals, the notice of publication shall mention the date and the fact of each of these approvals.

1969, c. 84, s. 64; 1993, c. 68, s. 12.

65. Every by-law shall be executory and remain in force until replaced, repealed or annulled by competent authority, or until the expiry of the period for which it has been passed.

1969, c. 84, s. 65; 1982, c. 63, s. 156.

66. No by-law which, before coming into force, was submitted to one or several approvals, may be amended or repealed except by another by-law approved in the same manner.

1969, c. 84, s. 66.

67. Every by-law passed by the Community shall, when published, be considered public law within the territory of the Community, and outside of the same insofar as within the jurisdiction of the Community, and it shall not be necessary to allege it specially.

1969, c. 84, s. 67; 1996, c. 2, s. 512; 1999, c. 40, s. 68.

68. A copy of any by-law duly passed shall be received as evidence, provided that it is signed and certified by the secretary or the person in charge of access to documents of the Community and sealed with the seal of the Community, without any proof being necessary of the validity of the seal, or the signature of the secretary or the person in charge, saving the right of any party attacking the by-law to proceed against the same by improbation.

1969, c. 84, s. 68; 1987, c. 68, s. 57; 1999, c. 40, s. 68.

69. Unless otherwise provided for by this Act, the Council may, by by-law,

(1)  provide for a fine for an offence against a regulatory provision within its competence;

(2)  prescribe either a fine of a fixed amount, or the minimum and maximum fines or a minimum fine of $1 and a maximum fine.

The fixed amount or maximum amount prescribed may not exceed, for a first offence, $1 000 if the offender is a natural person, or $2 000 if the offender is a legal person. In the case of a second or subsequent conviction, the fixed amount or maximum amount prescribed may not exceed $2 000 if the offender is a natural person, or $4 000 if the offender is a legal person.

1969, c. 84, s. 69; 1982, c. 18, s. 26; 1990, c. 4, s. 283; 1993, c. 68, s. 13.

69.1. Every person who knowingly does or fails to do something with a view to aiding a person to commit an offence, or knowingly advises, encourages or incites a person to commit an offence is himself a party to the offence.

1982, c. 18, s. 27.

69.2. Where an legal person or an association not having juridical personality commits an offence, every director, senior executive, officer, employee or agent of such legal person or association who knowingly prescribes or authorizes the commission of the offence or knowingly consents thereto is deemed to be a party to the offence.

1982, c. 18, s. 27.

69.3. Where several persons form a common intent to commit an offence, each of them is deemed to be a party to each offence committed by any of them in the pursuit of their common intent, provided he knew or ought reasonably to have known that the offence would probably be committed in the pursuit of the common intent.

1982, c. 18, s. 27.

69.4. Every person who is responsible for the control or supervision of the premises or is the owner, lessee or occupant of such premises and who knowingly allows or tolerates that an offence be committed is a party to the offence.

Proof that the offence was committed by an employee of the person mentioned in the first paragraph or by another person whose presence is tolerated on the premises is conclusive proof, in the absence of proof to the contrary, that the offence was committed with the permission of the former person.

1982, c. 18, s. 27.

70. Any person entered on the property assessment roll or on the roll of rental values of a municipality whose territory is included in that of the Community, and any such municipality and any other person concerned may, by motion, apply for and obtain, on the ground of illegality, the quashing of any by-law or part of a by-law of the Community, with costs against the Community.

1969, c. 84, s. 70; 1988, c. 21, s. 66; 1993, c. 68, s. 14; 1996, c. 2, s. 513; 1999, c. 40, s. 68.

71. The motion shall set forth, in a clear and precise manner, the reasons alleged in support of the application, and shall be accompanied by a certified copy of the by-law impugned, if such copy could be obtained.

If such copy could not be obtained, the competent court or a judge thereof, upon application, shall order the production thereof by the secretary of the Community, and such officer shall for such purposes be deemed to be an officer of the court.

1969, c. 84, s. 71; 1988, c. 21, s. 66; 1993, c. 68, s. 15.

72. The motion shall be served upon the secretary of the Community at least four days before it is presented to the court.

1969, c. 84, s. 72.

73. Before service of the motion, the applicant shall give security for costs in the same manner as security in judicial proceedings is given; otherwise such motion shall not be received by the court.

1969, c. 84, s. 73.

74. The court or the judge may, if it or he deems it expedient, allow the motion to be answered in writing.

1969, c. 84, s. 74.

75. (1)  The court, by its judgment, may quash such by-law, in whole or in part, order the service of such judgment upon the secretary of the Community, and cause the same to be published in the manner prescribed in section 64.

(2)  Every by-law or part of a by-law so quashed shall cease to be in force from the date of the judgment.

1969, c. 84, s. 75.

76. The court may condemn either of the parties to pay the costs of the contestation, and such costs may be recovered from the parties to the suit and from their sureties.

The judgment, as far as the costs are concerned, shall be executory against the sureties fifteen days after a copy thereof has been served upon them.

1969, c. 84, s. 76.

77. The Community shall alone be responsible for any damage or suits which may arise from the putting into force of any by-law or part of a by-law the quashing of which has been so obtained.

1969, c. 84, s. 77; 1999, c. 40, s. 68.

78. The right to apply for the quashing of a by-law shall be prescribed by three months from the coming into force of such by-law.

1969, c. 84, s. 78.

79. There shall be no appeal from interlocutory judgments rendered during a suit to quash a by-law; they may be revised at the same time as the final judgment if an appeal is brought from the latter.

1969, c. 84, s. 78.

80. Any procès-verbal, resolution or other order of the Community may be set aside, by reason of illegality, in the same manner, within the same time and with the same effect as a by-law of the Council. They shall be subject to the provisions of section 65.

The special recourse granted by this section shall not exclude or affect the action to annul in cases where such action may be brought under article 33 of the Code of Civil Procedure (chapter C‐25).

1969, c. 84, s. 80; 1979, c. 72, s. 416; 1988, c. 21, s. 66; 1993, c. 68, s. 16; 1999, c. 40, s. 68.

81. (Repealed).

1969, c. 84, s. 81; 1982, c. 63, s. 157.

§ 4 . — Committees of the Council

82. The following select committees of the Council are established:

(1)  the planning committee;

(2)  the environment quality committee;

(3)  the administration and finance committee;

(4)  the public safety committee;

(5)  the economic development committee.

1969, c. 84, s. 82; 1982, c. 18, s. 28; 1984, c. 32, s. 38; 1990, c. 15, s. 1.

82.1. Each of the planning, environment quality, administration and finance and economic development committees consists of not more than seven members, including a chairman and a vice-chairman.

The members of each committee are appointed by the Council from among its members. At least two of them must be chosen from among the representatives of Ville de Montréal and at least two from among the representatives of the other municipalities.

1982, c. 18, s. 28; 1984, c. 32, s. 39; 1990, c. 15, s. 2; 1996, c. 2, s. 545.

82.2. The public safety committee consists of seven members, including a chairman and a vice-chairman.

One member of the committee is appointed by the Government. The Community shall pay him the salary fixed by the Government, which shall also fix his other conditions of employment.

The other six members of the committee are appointed by the Council from among its members. Three of them must be chosen from among the representatives of Ville de Montréal and three from among the representatives of the other municipalities.

1982, c. 18, s. 28; 1996, c. 2, s. 545.

82.3. The Council shall appoint the chairman and vice-chairman of each committee from among the members of the committee who represent a municipality.

If the chairman of a committee is a representative of Ville de Montréal, the vice-chairman must be a representative of another municipality, and viceversa.

Neither the chairman nor the vice-chairman of a committee may at the same time hold another office that entails membership on the executive committee.

1982, c. 18, s. 28; 1996, c. 2, s. 545.

82.4. The Council or the Government, as the case may be, shall fix the term of office of a member it appoints to a committee.

However, a person who ceases to be a member of the Council shall cease, at the same time, to be a member of the committee.

For the purposes of the second paragraph, a person shall cease to be a member of the Council at the expiry of his term as member of the council of a municipality even if his new term begins immediately thereafter.

1982, c. 18, s. 28; 1987, c. 57, s. 781; 1989, c. 56, s. 11; 1990, c. 15, s. 3.

82.5. If a member of a committee resigns, his term of office ends on the date the secretary of the Community receives a written notice to that effect, signed by the member.

1982, c. 18, s. 28.

82.6. Notwithstanding the end of his term of office, a member of a committee remains in office until his successor is appointed.

1982, c. 18, s. 28.

82.7. Any vacancy in the office of a member of a committee shall be filled within thirty days after the date on which it occurs, in accordance with section 82.1 or 82.2, as the case may be.

1982, c. 18, s. 28.

82.8. The chairman and the vice-chairman of a committee shall remain in office until the first of the following dates:

(1)  that of the end of his term of office as a member of the committee;

(2)  that on which he is appointed to another office that entails membership of the executive committee.

The Council shall make the appointment provided for in section 82.3 within thirty days after the date applicable under the first paragraph.

Notwithstanding the first paragraph, the chairman or the vice-chairman remains in office until his successor is appointed.

1982, c. 18, s. 28; 1990, c. 15, s. 4.

82.9. The function of a committee is to examine any question within its field of competence and to make such recommendations as it deems appropriate to the Council.

A committee shall carry out its function at the request of the Council or the executive committee, or of its own motion.

The public safety committee may, by resolution, decide to make the recommendations it considers confidential and which are directly related to the prevention, detection and repression of crime or breaches of the law to the executive committee instead of the Council. Moreover, the public safety committee shall give to the executive committee the advice and examination provided for in section 178.1.

The executive committee may render any confidential recommendation made to it by the public safety committee, and the notice and examination accompanying it, available to the public.

1982, c. 18, s. 28; 1987, c. 68, s. 58.

82.10. Every meeting of any committee except the public safety committee is a public meeting.

Every committee must hold at least four meetings during each calendar year.

The public safety committee may hold meetings incamera. However, it shall hold at least two public meetings every calendar year.

The chairman of the executive committee may attend any sitting of a committee. At a sitting, he has the right to speak but not the right to vote.

The secretary of the Community shall cause prior notice of the holding of each public meeting of a committee to be published in a newspaper circulated in the territory of the Community.

Every public meeting of a committee must include a period during which the persons may put oral questions to the members of the committee.

1982, c. 18, s. 28; 1985, c. 31, s. 7.

82.11. The chairman of a committee shall direct its activities and preside over its meetings.

The vice-chairman shall replace the chairman if the latter is absent or is unable or refuses, to act, or if the office of chairman is vacant and the chairman is unable or unwilling to remain in office until his successor is appointed.

If both the chairman and the vice-chairman are absent or are unable or refuse to act, or if the offices of chairman and vice-chairman are vacant and they are unable or unwilling to remain in office until their successors are appointed, the members present at a meeting of the committee shall appoint one of their number to preside over the meeting.

1982, c. 18, s. 28; 1999, c. 40, s. 68.

82.12. Each member of a committee has one vote. The decisions of the committee are taken by a majority of votes; in case of a tie-vote, the decision is considered to be negative.

The committee shall report on its work and decisions by means of a report signed by its chairman or the majority of its members.

The report shall be transmitted to the executive committee.

The executive committee shall table the report before the Council not later than at the first meeting held after a period of thirty days from its receipt.

The fourth paragraph does not apply to the report containing the confidential recommendations of the public safety committee and the advice and examination of that committee provided for in section 178.1.

1982, c. 18, s. 28; 1985, c. 31, s. 8; 1999, c. 40, s. 68.

82.13. No report of any committee has effect unless it is ratified or adopted by the Council or by the executive committee where the original of the report is sent to it and the recommended decision is within its competence.

1982, c. 18, s. 28.

83. The Council may make any by-law respecting the administration and the internal management of any committee.

It may in particular, in such by-law,

(1)  prescribe the length and time of the question period at public meetings of a committee, and the procedure to be followed to put a question; and

(2)  require a committee to forward to the Council every year, at the time determined by the Council, a report of its operations during the last fiscal period.

1969, c. 84, s. 83; 1982, c. 18, s. 28.

84. If questions of fact arise in matters before the Council or any of its committees, which the interests of the Community require to be investigated by the examination of witnesses on oath or otherwise or if it also becomes necessary, in the like interest, to institute inquiries into the truth of representations which may be made to the Council respecting matters within its jurisdiction, any committee appointed by the Council to investigate the same, or to make such inquiry, or the committee before which any such question arises, may cause to be issued a summons signed by its chairman requiring any person to appear before such committee for the purpose of giving evidence on the facts or question under inquiry, and also, if deemed expedient, to produce any papers or documents in his possession or under his control, bearing upon such question or inquiry, and described in such summons.

1969, c. 84, s. 84.

85. (Repealed).

1969, c. 84, s. 85; 1986, c. 95, s. 102.

86. Every person neglecting or refusing to appear, to produce papers or to be examined is liable to the penalties provided in section 69.

1969, c. 84, s. 86; 1982, c. 18, s. 29; 1990, c. 4, s. 284.

86.1. The chairman of a committee may administer the oath to the witnesses.

1982, c. 18, s. 29.

87. In addition to the committees referred to in section 82, the Council may establish a select or special committee, composed of as many of its members as it may fix.

The members of such a committee are appointed by the Council, which may replace them at any time. The Council shall designate from among them a chairman and a vice-chairman.

The function of such a committee is to examine any matter determined by the Council and within the competence of the Community, in a field other than those mentioned in section 82, and make such recommendations as it deems appropriate to the Council.

Sections 82.10 to 86.1 apply to the committee, except the special provisions respecting the public safety committee.

1969, c. 84, s. 87; 1982, c. 18, s. 29.

§ 5 . — Conseil des arts de la Communauté urbaine de Montréal

88. A select committee of the Community, hereinafter called the “arts council”, is hereby established under the name of “Conseil des arts de la Communauté urbaine de Montréal”.

1980, c. 20, s. 17.

The Conseil des arts de la Communauté urbaine de Montréal succeeds to the Conseil des Arts de la région métropolitaine de Montréal (1980, c. 20, ss. 18-22).

89. The arts council has the following functions:

(a)  to draw up and keep a permanent list of the associations, partnerships, organizations, groups or persons who engage in artistic and cultural activities in the territory of the Community;

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

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

The Council of the Community 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.

1980, c. 20, s. 17; 1999, c. 40, s. 68.

90. The Council of the Community shall establish, 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 mode 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.

1980, c. 20, s. 17.

91. The members of the arts council must be Canadian citizens and be domiciled in the territory of the Community.

The members are appointed by the Council of the Community, which shall designate a chairman and two vice-chairmen from among them, the whole on a report of the executive committee. The Council of the Community may dismiss the report but shall not amend it.

1980, c. 20, s. 17; 1996, c. 2, s. 514.

92. The members of the arts council are not remunerated. However, they are entitled to repayment by the arts council of all expenses authorized by it incurred in the discharge of their duties.

1980, c. 20, s. 17.

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

Employees of the arts council are not by that sole fact employees of the Community.

The treasurer of the Community or such assistant as he may designate is exofficio the treasurer of the arts council.

1980, c. 20, s. 17.

94. The fiscal period of the arts council coincides with that of the Community and the latter’s auditor must examine the financial statements of the arts council and, within 120 days following the expiry of the fiscal period, make a report of his examination to the Community and to each of the municipalities in respect of which the arts council has jurisdiction pursuant to section 98.

1980, c. 20, s. 17; 1996, c. 2, s. 547.

95. A special fund hereinafter called “the fund” is hereby established under the name of “Fonds du Conseil des arts de la Communauté urbaine de Montréal”. The treasurer of the arts council has custody of the fund.

1980, c. 20, s. 17.

96. The fund is constituted of

(a)  the gifts, legacies and grants made to the arts council and previously approved by the executive committee;

(b)  the contributions from the municipalities contemplated in section 98;

(c)  the sums voted annually for that purpose out of the budget of the Community, and

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

The Council of the Community may, by by-law, prescribe the minimum amount that must be allocated every year for the purposes of subparagraph c of the first paragraph. As long as the by-law remains in force, the treasurer of the Community must include the amount thus prescribed in the certificate prepared by him in accordance with section 209.

1980, c. 20, s. 17; 1996, c. 2, s. 547.

97. The fund shall be used exclusively to pay the grants authorized by the executive committee on the recommendation of the arts council and to defray the administrative costs of this council.

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

1980, c. 20, s. 17.

98. The jurisdiction of the arts council extends to every municipality whose territory is wholly or partly situated within a radius of 50 kilometres from the territory of the Community and which has expressed the wish therefor by a resolution of its council transmitted to the secretary of the Community.

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 renewed by tacit renewal every three years for a new period of three years unless the municipality has given to the secretary of the Community a notice to the contrary effect at least six months before the date of expiration of the three year period then in progress.

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

1980, c. 20, s. 17; 1982, c. 18, s. 30; 1996, c. 2, s. 515.

99. The executive committee 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 98; it shall also fix the terms and conditions and the time of payment of the contribution.

A municipality may demand that the executive committee fix in its respect, for a period of three years, the contribution, the terms and conditions and the time contemplated in the first paragraph before it transmits its resolution to the secretary of the Community in accordance with the first paragraph of section 98 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.

A municipality under the jurisdiction of the arts council pursuant to section 98 may, and is bound to, pay into the fund an annual contribution fixed in its regard in accordance with this section.

1980, c. 20, s. 17; 1982, c. 18, s. 31; 1996, c. 2, s. 547.

100. For the purposes of this subdivision, the expression “territory of the Community” comprises the territory of a municipality in respect of which the arts council has jurisdiction pursuant to section 98.

1980, c. 20, s. 17; 1996, c. 2, s. 547.

§ 6 . — Chairman and vice-chairman of the Council

101. The Council shall appoint a chairman and a vice-chairman of the Council from among its members.

Neither the chairman nor the vice-chairman of the Council may at the same time hold another office that entails membership on the executive committee.

If the chairman of the Council is a representative of Ville de Montréal, the vice-chairman must be a representative of another municipality, and viceversa.

1969, c. 84, s. 88; 1975, c. 87, s. 3; 1982, c. 18, s. 32; 1996, c. 2, s. 545.

101.1. The Council shall fix the term of office of its chairman and vice-chairman.

However, a person who ceases to be a member of the Council shall cease, at the same time, to be the chairman or vice-chairman thereof.

For the purposes of the second paragraph, a person shall cease to be a member of the Council at the expiry of his term as member of the council of a municipality even if his new term begins immediately thereafter.

1982, c. 18, s. 32; 1987, c. 57, s. 782; 1989, c. 56, s. 12; 1990, c. 15, s. 5.

101.2. The chairman or the vice-chairman ceases to hold office on being appointed to an office that entails membership on the executive committee.

1982, c. 18, s. 32; 1990, c. 15, s. 6.

101.3. In case of resignation, the chairman or the vice-chairman ceases to hold office upon the receipt, by the secretary of the Community, of a written notice to that effect signed by the member resigning.

1982, c. 18, s. 32.

101.4. The Council shall make the appointment provided for by section 101 within thirty days after that on which the chairman or vice-chairman leaves office.

1982, c. 18, s. 32.

101.5. Notwithstanding sections 101.1 to 101.4, the chairman or the vice-chairman remains in office until his successor is appointed.

1982, c. 18, s. 32.

101.6. The chairman and the vice-chairman of the Council are entitled to the additional remuneration and allowance fixed by by-law of the Council and paid by the Community.

The by-law may have effect retroactively to 1 January before its coming into force.

1982, c. 18, s. 32.

101.7. The chairman and the vice-chairman of the Council may vote as members of the Council, but have no casting vote in case of a tie-vote.

1982, c. 18, s. 32.

101.8. The chairman of the Council shall preside over its meetings. He shall maintain order and decorum at such meetings. He may cause any person who disturbs order at a meeting to be expelled therefrom.

1982, c. 18, s. 32.

102. The vice-chairman of the Council replaces the chairman if the latter is absent or is unable or refuses to act, or if the office of chairman is vacant and the chairman is unable or unwilling to remain in office until his successor is appointed.

If both the chairman and the vice-chairman are absent or are unable or refuse to act, or if the offices of chairman and vice-chairman are vacant and they are unable or unwilling to remain in office until their successors are appointed, the members present at a meeting of the Council shall appoint one of their number to preside over the meeting.

1969, c. 84, s. 89; 1982, c. 18, s. 32; 1999, c. 40, s. 68.

DIVISION V ADMINISTRATIVE DEPARTMENTS AND OFFICERS

103. The Council shall appoint a director general, a secretary and a treasurer. It shall make such appointments upon the recommendation of the executive committee.

No person may be appointed permanently to fill any position contemplated in this section or in the first paragraph of section 104 or the position of head of the police department if he remains in the employ of a municipality whose territory is included in that of the Community.

The Council, by by-law, may define such duties of any person holding such a position as are not defined by this Act.

1969, c. 84, s. 90; 1971, c. 90, s. 6; 1982, c. 18, s. 33; 1984, c. 27, s. 54; 1996, c. 2, s. 546.

104. The Council, by by-law, may establish the various departments of the Community, including an economic promotion department, and establish the field of their activities; it shall appoint, by resolution and on the recommendation of the executive committee, the heads of such departments and define their duties.

1969, c. 84, s. 91; 1982, c. 18, s. 34; 1985, c. 31, s. 42; 1990, c. 41, s. 82.

105. Subject to section 193, if the head of a department is absent or is unable or refuses to act, or the office of department head is vacant, the executive committee may appoint a temporary head to the department.

1969, c. 84, s. 92; 1982, c. 18, s. 35; 1999, c. 40, s. 68.

106. Subject to section 192, the Council may dismiss the head of a department, suspend him without pay or reduce his salary by a vote of the absolute majority of all the votes of the members of the Council. Such majority must include both the absolute majority of all the votes of the representatives of Ville de Montréal and that of all the votes of the representatives of the other municipalities.

Subject to section 198, the executive committee may dismiss any other officer or employee of the Community who is not an employee within the meaning of the Labour Code (chapter C-27) and who has held office for at least six months, or suspend him without pay or reduce his salary, by a vote of the absolute majority of all the votes of the members of the committee.

1969, c. 84, s. 93; 1974, c. 82, s. 6; 1982, c. 18, s. 35; 1983, c. 57, s. 76; 1996, c. 2, s. 545.

107. The resolution removing an officer or employee contemplated in section 106 or suspending him without pay or reducing his salary shall be served by handing a copy thereof to him in person; the person so removed, suspended or whose salary has been so reduced may, subject to section 79 of the Police Act (chapter P-13), appeal from such decision to the Commission municipale du Québec, which shall decide finally, after inquiry.

Such appeal must be taken within fifteen days after the time when the resolution was served.

1969, c. 84, s. 94; 1977, c. 5, s. 14; 1983, c. 57, s. 77.

108. If the appeal is upheld, the Commission municipale du Québec may also order the Community to pay to the appellant such sum as it determines to indemnify him for the expenses he has incurred for such appeal; the order to that effect shall be homologated upon motion by the appellant to the Court of Québec or the Superior Court depending on their respective jurisdictions. The appellant may thereafter execute the judgment against the Community.

1969, c. 84, s. 95; 1972, c. 73, s. 2; 1982, c. 18, s. 36; 1988, c. 21, s. 66.

108.0.1. Sections 106 to 108 do not apply to a suspension without pay unless

(1)  the suspension is for more than twenty working days, or

(2)  the suspension, whatever its duration, occurs within twelve months after the expiry of a suspension without pay for more than twenty working days.

1983, c. 57, s. 78.

108.1. No officer or employee of the Community may, under pain of forfeiture of office, have any direct or indirect interest in an enterprise putting his personal interest in conflict with that of his department.

However, forfeiture is not incurred if such an interest devolves to him by succession or gift, provided that he renounces or disposes of it with all possible dispatch.

1982, c. 18, s. 36; 1999, c. 40, s. 68.

108.2. (Repealed).

1982, c. 18, s. 36; 1993, c. 68, s. 17.

108.3. No member of the council of a municipality whose territory is included in that of the Community may hold regular or permanent employment with the Community, under pain of forfeiture of office.

If such a member holds temporary or casual employment, he cannot sit on the Council.

1982, c. 18, s. 36; 1996, c. 2, s. 546.

109. Subject to this Act, the director general has the following functions and duties:

(a)  to manage the affairs of the Community under the authority of the executive committee;

(b)  as mandatary of the executive committee, to exercise authority over the department heads, except the secretary and the head of the police department;

(c)  to ensure coordination between the executive committee and the department heads;

(d)  to transmit to the executive committee any correspondence sent to him by the departments of the Community or any correspondence sent to the Community;

(e)  to attend the meetings of the executive committee;

(f)  to have access to all the Community’s records;

(g)  to compel any officer or employee of the Community to furnish him with all information and documents which he requires;

(h)  to obtain, examine and present to the executive committee projects prepared by the department heads on matters requiring the approval of the executive committee or of the Council;

(i)  to coordinate the budgetary estimates of the various departments and present them to the executive committee;

(j)  to satisfy himself that the Community’s money is used in accordance with the appropriations comprised in the budget, by-laws and resolutions;

(k)  to submit forthwith to the executive committee a list of accounts payable;

(l)  to ensure the carrying out of the plans and programs of the Community, under the authority of the executive committee.

All communications between the executive committee and the officers or employees of the Community shall be made through the director general, or through the head of the department concerned if the latter is not under the authority of the director general.

1969, c. 84, s. 96; 1982, c. 18, s. 37.

110. The secretary of the Community shall have custody of the seal and records of the Community. He shall direct the secretary’s department.

He shall attend every meeting of the executive committee and of the Council.

The minutes of the executive committee and of the Council are proof of their contents if approved and signed by the secretary and the person presiding over the meeting or, where such is the case, by a person designated under section 41.

Documents and copies emanating from the Community and forming part of its records are proof of their contents if certified true by the secretary or the person in charge of access to documents of the Community.

1969, c. 84, s. 97; 1982, c. 18, s. 38; 1987, c. 68, s. 59; 1999, c. 40, s. 68.

110.1. The books, registers and documents forming part of the records of the Community may be consulted, during regular working hours, by any person requesting to do so.

1982, c. 18, s. 39; 1987, c. 68, s. 60.

110.2. The person in charge of access to documents of the Community must deliver to any person who so requests, copies or extracts of the books, registers or documents forming part of the records of the Community.

1982, c. 18, s. 39; 1987, c. 68, s. 61.

110.3. Notwithstanding section 83 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person has the right to be informed of the existence of or to obtain communication of information concerning him and contained in a book or part of a book, register or document relating to a subject discussed or to be discussed at a meeting in camera of the public safety committee and directly related to the prevention, detection and repression of crime or breaches of the law.

1982, c. 18, s. 39; 1987, c. 68, s. 62.

111. The treasurer shall direct the treasury department.

1969, c. 84, s. 98.

112. The department heads and their assistants may in performing their duties administer the same oath as a commissioner for oaths appointed under the Courts of Justice Act (chapter T‐16).

1972, c. 73, s. 3; 1975, c. 87, s. 4; 1982, c. 18, s. 40; 1999, c. 40, s. 68.

DIVISION VI GENERAL POWERS

113. In addition to the other powers which it has under this Act, the Community may:

(a)  have a seal which it may alter at will;

(b)  appear before the courts;

(c)  bind itself and bind others towards it by observing, where necessary, the formalities prescribed by this Act;

(d)  acquire by mutual agreement, take a lease on or use, free of charge or for monetary or other considerations, any property and any servitude;

(e)  sell, exchange, encumber, lease or alienate any property by observing, where necessary, the formalities prescribed by this Act;

(f)  construct, own, maintain, improve and use, on its property or on that of which it has the enjoyment, any work calculated to further the exercise of its powers, and contribute to or assist in any manner in the construction, improvement or maintenance of such work;

(g)  establish and maintain or assist in the establishment or maintenance of relief or retirement funds or pension plans for its officers and employees, or for their relatives and dependent persons, and pay premiums for them, subject to the Supplemental Pension Plans Act (chapter R‐15.1) with respect to retirement funds or pension plans, and with the approval of the Inspector General of Financial Institutions with respect to relief funds;

(h)  make by‐laws for its internal management and the conduct of its affairs;

(i)  carry out such studies as it deems expedient for the exercise of its competence, whether such studies deal with its territory or with any other territory;

(j)  constitute, in accordance with Part IA of the Companies Act (chapter C‐38), a company whose principal activity is furnishing a third party with any and all services, advice, substances, materials and equipment relating to any matter within its competence.

1969, c. 84, s. 99; 1974, c. 82, s. 7; 1980, c. 20, s. 25; 1982, c. 18, s. 41; 1982, c. 52, s. 116; 1985, c. 31, s. 9; 1989, c. 38, s. 319; 1993, c. 68, s. 18; 1999, c. 40, s. 68.

114. The Community may, in accordance with law, enter into an agreement respecting the exercise of its competence with a government, with a department of that government, with an international organization or with an agency of that government or organization or with any other public body. It may carry out the agreement and exercise the rights and fulfil the obligations arising therefrom, even outside its territory.

However, to make an agreement with a municipality of Québec, the Community shall proceed in accordance with sections 124 to 124.2.

1969, c. 84, s. 100; 1993, c. 68, s. 19; 1996, c. 52, s. 23; 1999, c. 59, s. 25.

114.1. The Community or a company contemplated in paragraph j of section 113 may enter into an agreement with a person or with a government other than that of Canada or of Québec or with any of its departments or bodies the object of which is the supply by the Community or the company of services, advice, material, materials or equipment relating to any matter within its competence, so that they may be employed or used profitably outside Québec.

The Community or the company may carry out the agreement and exercise the rights and privileges and fulfil the obligations arising therefrom, even outside the territory of the Community.

1983, c. 57, s. 79; 1985, c. 30, s. 30; 1988, c. 41, s. 49; 1993, c. 68, s. 20; 1996, c. 27, s. 122.

114.2. The Community may enter into an agreement for the purpose of twinning with another supramunicipal body situated in Québec or elsewhere.

1983, c. 57, s. 79.

114.3. The Community may make an agreement with the Government under which certain responsibilities, defined in the agreement, that are assigned by an Act or regulation to the Government, to a Minister or to a government body, are transferred to the Community on an experimental basis.

1995, c. 71, s. 28.

114.4. The agreement shall set out the conditions governing the exercise of the responsibility to which it applies, including the duration thereof, and, where applicable, provide for the renewal of the agreement and determine the rules relating to the financing required for its implementation.

1995, c. 71, s. 28.

114.5. The Community may join any municipality or any other urban community for the purposes of an agreement with the Government under section 114.3.

1995, c. 71, s. 28.

114.6. An agreement under section 114.3 shall prevail over any inconsistent provision of a general law or special Act or of any regulation thereunder.

1995, c. 71, s. 28.

115. The Community may acquire by expropriation any immovable, part of an immovable or immovable right, within or without its territory, which it may require for the attainment of its objects.

Notwithstanding any provision to the contrary, the Community may dig a tunnel under any land for its sewer conduits, at a depth of more than 15 metres. As soon as work begins, the Community becomes, without formality or indemnity, but subject to recourse in damages,

(1)  the owner of the volume occupied by the tunnel;

(2)  the owner of a thickness of two metres surrounding the interior concrete wall of the tunnel.

As soon as work begins, the Community shall advise the owner of the lot of the existence of the work and the provisions of this section. In the year following the completion of work, the Community shall deposit in its archives a copy of a plan certified by the head of the department involved, showing the horizontal projection of such tunnel. It shall register such plan by depositing two copies in the registry office of the registration division of the immovable affected and the registrar shall mention each lot or part of a lot affected in the land register.

1969, c. 84, s. 101; 1974, c. 82, s. 8; 1982, c. 18, s. 42; 1990, c. 41, s. 83; 1996, c. 2, s. 516; 1999, c. 40, s. 68.

116. In order to expropriate, the Community shall proceed in accordance with the Expropriation Act (chapter E-24).

1969, c. 84, s. 102; 1978, c. 104, s. 1.

116.1. For the purposes of the Act respecting municipal taxation (chapter F-2.1), an immoveable is deemed to belong to the Community upon the Community’s taking possession of it in accordance with the Expropriation Act (chapter E-24).

1982, c. 18, s. 43.

117. When the Council orders, by resolution, the expropriation of an immovable or the establishing of a reserve for public purposes on the immovable, the secretary of the Community shall send forthwith to each municipality concerned a certified copy of the resolution.

After receiving the resolution, no municipality may, except for urgent repairs, issue a permit or certificate for building, alteration or repair in respect of that immovable. Such prohibition ceases six months after the date of adoption of the resolution.

1969, c. 84, s. 103; 1983, c. 21, s. 33.

118. No indemnity may be granted for buildings erected on or improvements or repairs, other than the authorized urgent repairs, made to the immovable, for the duration of the prohibition. However, the Administrative Tribunal of Québec may grant an indemnity in the manner provided in Title III of the Expropriation Act (chapter E-24).

1969, c. 84, s. 105 (part); 1982, c. 18, s. 44; 1983, c. 21, s. 33; 1986, c. 61, s. 66; 1988, c. 21, s. 66; 1997, c. 43, s. 194.

119. The Community may alienate any property.

The secretary shall publish every month, in a newspaper circulated in the territory of the Community, a notice describing each property of a value greater than $10 000 that was alienated by the Community during the preceding month otherwise than by auction or by public tenders. The notice shall mention the price of alienation and the identity of the purchaser.

1969, c. 84, s. 110; 1977, c. 5, s. 14; 1982, c. 18, s. 46; 1984, c. 38, s. 103; 1995, c. 71, s. 29; 1999, c. 40, s. 68.

120. Subject to any contrary provision of this Act, the executive committee may enter into any contract on behalf of the Community.

1969, c. 84, s. 111; 1971, c. 90, s. 7; 1971, c. 91, s. 2; 1974, c. 82, s. 9; 1977, c. 80, s. 8; 1984, c. 32, s. 40; 1985, c. 31, s. 10; 1993, c. 68, s. 21.

120.0.1. The executive committee shall award any contract involving an expenditure of more than $20,000 for the Community in accordance with the applicable provisions of sections 120.0.2 and 120.0.3, in particular,

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  contracts for the supply of materials or equipment, including contracts for the lease of equipment with an option to purchase;

(4)  contracts for the providing of services other than, subject to the second paragraph of section 120.0.3, professional services.

The first paragraph does not apply to a contract

(1)  whose object is the supply of materials or equipment or the providing of services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a Minister or body thereof;

(2)  whose object is the supply of materials or equipment or the providing of services and which is entered into with a municipal body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapterA‐2.1 );

(3)  whose purpose is to obtain energy savings for the Community and whose object is both the providing of professional services and the performance of work or the supply of materials, equipment or non‐professional services;

(4)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and which is entered into with the owner of the mains or installations, with a municipal body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information or with a public utility for a price corresponding to the price usually charged by an undertaking generally performing such work;

(5)  whose object is the supply of software or the performance of service or maintenance work on computer or telecommunication systems, and which is entered into with an undertaking generally operating in the field, for a price usually charged by such an undertaking for such software or such work;

(6)  whose object is the providing of services by a single supplier or by a supplier in a monopoly position in the field of communications, electricity or gas;

(7)  whose object is the maintenance of specialized equipment which must be carried out by the manufacturer or his representative;

(8)  whose object is the supply of bulk trucking services, entered into through the holder of a brokerage permit issued under the Transport Act (chapter T‐12).

A contract which, as a result of an exception provided for in subparagraph 2 or 3 of the third paragraph of section 120.0.3, is not a supply contract or a services contract for the purposes of the second paragraph of that section, is not a contract for the supply of equipment or materials or for the supply of services, as the case may be, for the purposes of subparagraphs 3 and 4 of the first paragraph of this section.

1993, c. 68, s. 21; 1997, c. 53, s. 28; 1999, c. 82, s. 24.

120.0.2. Any contract involving an expenditure of less than $100 000, from among the contracts to which the first paragraph of section 120.0.1 applies, may be awarded only after a call for tenders, by way of written invitation, to at least two insurers, contractors or suppliers, as the case may be.

1993, c. 68, s. 21.

120.0.3. Any contract involving an expenditure of $100,000 or more, from among the contracts to which the first paragraph of section 120.0.1 applies, may be awarded only after a call for tenders, by way of an advertisement published in a newspaper circulated in the territory of the Community.

In the case of a construction, supply or services contract, the call for public tenders must be published by means of an electronic tendering system accessible both to contractors and suppliers having an establishment in Québec and to contractors and suppliers having an establishment in a province or territory covered by an intergovernmental trade liberalization agreement applicable to the Community and in a newspaper that is circulated in the territory of the Community or, if it is not circulated therein, that is a publication specialized in the field and sold mainly in Québec. In the case of a supply or services contract, the electronic tendering system to be used for the publication of the call for public tenders shall be the system approved by the Government.

For the purposes of the second paragraph,

(1)  “construction contract” means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work, including site preparation, excavation, drilling, seismic investigation, the supply of products and materials, equipment and machinery if these are included in and incidental to a construction contract, as well as the installation and repair of fixtures of a building, structure or other civil engineering work;

(2)  “supply contract” means a contract for the purchase, lease or rental of movable property that may include the cost of installing, operating and maintaining property, except a contract in respect of property related to cultural or artistic fields as well as computer software for educational purposes, and subscriptions;

(3)  “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services, except a contract in respect of services related to cultural or artistic fields that can, under an Act or a regulation, be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered accountant, advocate or notary.

The time limit for receipt of tenders must be not less than eight days. However, in the case of tenders in relation to a contract referred to in the second paragraph, the time limit for the receipt of tenders must not be less than 15 days.

A call for public tenders in relation to a contract referred to in the second paragraph may stipulate that only tenders submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalisation agreement applicable to the Community will be considered. Such a call for tenders may also stipulate that the goods concerned must be produced in a territory comprising Québec and any such province or territory.

Tenders may not be called for nor may the contracts resulting therefrom be awarded except on a fixed price or unit price basis.

All tenders must be opened publicly in the presence of at least two witnesses, on the date and at the time and place mentioned in the call for tenders. All tenderers may be present at the opening of the tenders. The names of the tenderers and their respective prices must be declared aloud on the opening of the tenders.

Subject to section 120.0.3.0.1, the executive committee may not, without the prior authorization of the Minister, award the contract to any person other than the person who submitted the lowest tender within the prescribed time. However, where it is necessary, to comply with the conditions for a government grant, that the contract be awarded to a person other than the person who submitted the lowest tender within the prescribed time, the Community may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the tenders submitted within the prescribed time that fulfil the conditions for the grant.

If there is only one tenderer, the executive committee may not award such tenderer a contract involving an expenditure of more than $500 000 without the approval of the Council.

1993, c. 68, s. 21; 1995, c. 34, s. 67; 1995, c. 71, s. 30; 1996, c. 27, s. 123; 1997, c. 53, s. 29; 1997, c. 93, s. 101; 1997, c. 53, s. 29; 1998, c. 31, s. 63.

120.0.3.0.1. The executive committee may choose to use a system of bid weighting and evaluating whereby each bid obtains a number of points based on the price as well as on the quality of goods, services or work, the delivery procedure, servicing, the experience and financial capacity required of the insurer, supplier or contractor or on any other criteria directly related to the procurement.

Where the executive committee chooses to use such a system, the call for tenders or any document to which it refers shall mention all the requirements and all criteria that will be used for evaluating the bids, as well as the weighting and evaluation methods based on those criteria.

In such a case, the executive committee shall not award the contract to a person other than the person whose bid was received within the time fixed and obtained the highest score.

For the purposes of the last sentence of the eighth paragraph of section 120.0.3, the bid having obtained the highest score shall be considered to be the lowest tender.

1997, c. 53, s. 30.

120.0.3.0.2. The executive committee may establish a qualification process which shall not discriminate on the basis of the province or country of origin of the goods, services, insurers, suppliers or contractors.

However, where the executive committee establishes a qualification process solely for the purposes of awarding a contract referred to in the second paragraph of section 120.0.3, the process may discriminate as permitted in the case of a call for public tenders in relation to such a contract under the fifth paragraph of section 120.0.3.

The Community shall invite the interested parties to obtain their qualification or the qualification of their goods or services, by causing the secretary to publish a notice to that effect in accordance with the rules set out in the second paragraph of section 120.0.3.

1997, c. 53, s. 30.

120.0.3.0.3. A call for tenders may stipulate that the goods, services, insurers, suppliers or contractors concerned by or able to satisfy the call for tenders must first be certified, qualified or registered by an organization accredited by the Standards Council of Canada or first be certified or qualified under the process provided for in section 120.0.3.0.2.

The first paragraph does not apply where, under the process provided for in section 120.0.3.0.2, only one insurer, supplier or contractor has become qualified.

1997, c. 53, s. 30.

120.0.3.0.4. Subject to the fifth and eighth paragraphs of section 120.0.3, no call for public tenders or document to which it refers shall discriminate on the basis of the province or country of origin of the goods, services, insurers, suppliers or contractors.

1997, c. 53, s. 30.

120.0.3.1. The Minister of Municipal Affairs and Greater Montréal may, on the conditions he determines, allow the Community to award a contract without calling for tenders, or allow the Community to award a contract after a call for tenders made by written invitation rather than by advertisement in a newspaper.

The first paragraph does not apply where, pursuant to the terms of an intergovernmental agreement on the opening of public procurement applicable to the Community, the tenders must be public tenders.

1996, c. 52, s. 24; 1999, c. 43, s. 13.

120.0.3.2. The Community may obtain any movable property from or through the General Purchasing Director designated under section 3 of the Act respecting the Service des achats du gouvernement (chapter S‐4). The Community may also obtain any service through the General Purchasing Director acting within a mandate entrusted to the General Purchasing Director by the Government under section 4.1 of that Act.

To the extent that the terms of any agreement on the opening of public procurement applicable to the Community are observed, section 120.0.1 does not apply to contracts entered into by the Community with or through the General Purchasing Director in accordance with the regulations under the Financial Administration Act (chapterA‐6).

1999, c. 59, s. 26.

120.0.4. Notwithstanding section 120.0.1, the chairman of the executive committee or, if the chairman is absent or unable to act and neither of the vice-chairmen is able to replace him in accordance with section 36, the director general may, in a case of irresistible force which might endanger the life or health of the population or seriously damage or seriously interfere with the operation of the equipment of the Community, order such expenditure as he considers necessary and award any contract necessary to remedy the situation.

If the expenditure referred to in the first paragraph concerns a department that is not under the authority of the director general, the power granted by that paragraph to the director general is to be exercised by the head of the department.

In such case, the chairman, the director general or, if applicable, the head of the department shall table a report giving the reasons for the expenditure or contract at the next meeting of the executive committee.

1993, c. 68, s. 21; 1996, c. 52, s. 25.

120.0.5. Notwithstanding section 120.0.1, the executive committee may, without being required to call tenders, renew any insurance contract awarded following a call for tenders, provided that the total of the period covered by the original contract and the period covered by the renewal and, where applicable, by any previous renewal, does not exceed five years.

The premiums stipulated in the original contract may be modified for the period covered by any renewal referred to in the first paragraph.

1993, c. 68, s. 21; 1996, c. 27, s. 124.

120.0.6. The executive committee may enter into a leasing contract in respect of movable property that must be acquired by tender in accordance with section 120.0.1, provided it discloses in the call for tenders that it has the option to enter into a leasing contract in respect of the property.

Where the executive committee opts to enter into a leasing contract, it must give notice thereof in writing to the successful tenderer. Upon receipt of the notice, the tenderer must enter into a contract for the movable property with the lessor, which the executive committee shall designate, on the conditions under which his tender was accepted.

1993, c. 68, s. 21.

120.0.7. The executive committee shall report to the Council at each regular meeting on any contract awarded under sections 120 to 120.0.6 since the last regular meeting.

Where a contract is awarded under section 120.0.4, the report of the executive committee must be made at the first meeting following the date of receipt of the chairman’s report by the executive committee.

The Council may, by by-law, determine the content of a report prescribed in this section and the manner in which it is to be tabled.

1993, c. 68, s. 21.

120.1. The executive committee may enter into a convention with the Minister of Municipal Affairs and Greater Montréal under which it is authorized by him to negotiate, including with the Société québécoise d’assainissement des eaux, a contract of the kind known as a “turn-key contract”, in exercising the competence of the Community in matters of waste water purification.

The committee and the Minister may agree upon conditions in respect of the contract, the contracting partner or the manner of selecting the contracting partner.

1983, c. 57, s. 80; 1994, c. 17, s. 30; 1999, c. 43, s. 13.

120.2. The turn-key contract must state the objectives contemplated by the Community and, as the case may be, the cost limits and other general conditions with which the purification facilities must conform.

The contract confers on the contracting partner the responsibility of designing purification facilities that meet the objectives and conform with the limits and conditions, of building the facilities and operating them for a period fixed in the contract, which may in no case be less than five years.

The contract may also confer on the contracting partner the responsibility of ensuring long-term financing of the facilities.

1983, c. 57, s. 80.

120.3. Following a convention made with the Minister of Municipal Affairs and Greater Montréal, the executive committee may negotiate a turn-key contract without being required to make a call for tenders, notwithstanding section 120.0.1.

1983, c. 57, s. 80; 1984, c. 32, s. 41; 1993, c. 68, s. 22; 1994, c. 17, s. 31; 1999, c. 43, s. 13.

120.4. The executive committee shall submit to the Minister of Municipal Affairs and Greater Montréal the draft turn-key contract it has negotiated following the convention.

If the Minister gives his approval, the executive committee may make the contract, which requires no other approval.

1983, c. 57, s. 80; 1984, c. 38, s. 104; 1994, c. 17, s. 32; 1999, c. 43, s. 13.

120.4.1. The Community may enter into a contract with a person other than the Société québécoise d’assainissement des eaux under which it entrusts the operation of a waste water purification works to that person.

1986, c. 37, s. 1.

120.5. Notwithstanding any inconsistent provision of a general law or special Act, the Community and the Société de transport or one or more of the municipalities mentioned in Schedule A may make a joint call for public tenders for the purpose of awarding an insurance contract or a contract for the supply of equipment or materials or the providing of services other than professional services.

For the purposes of the first paragraph, a contract for the supply of equipment includes a contract for the lease of equipment with an option to purchase.

The call for public tenders is made by the executive committee in the name of the Community and the name of the Société and of any municipality party to the call.

Section 120.0.3 applies to the call for public tenders, except that it is not necessary that the contract involve an expenditure of $100 000 or more.

Where the Société or a municipality is party to the call for public tenders, it may not make a call for tenders or award a contract in respect of the object of the call unless the executive committee decides not to give effect to the call.

The acceptance of a tender by the executive committee also binds the Société or every municipality party to the call towards the successful tenderer.

1984, c. 32, s. 42; 1993, c. 68, s. 23.

DIVISION VII COMPETENCE OF THE URBAN COMMUNITY

121. The Community has such competence as is provided by this Act in the following fields:

(1)  air purification;

(2)  water purification;

(3)  waste recovery and recycling;

(4)  public health;

(5)  recreation and parks;

(5.1)  road service and vehicle towing ;

(6)  police;

(6.1)  coordination of emergency measures respecting the health and safety of persons or the protection of property;

(7)  public transportation.

1969, c. 84, s. 112; 1972, c. 55, s. 132; 1982, c. 18, s. 47; 1993, c. 68, s. 24; 1998, c. 31, s. 64; 1999, c. 21, s. 1.

121.1. The Community also has such competence as is provided by another Act, in particular in the following fields:

(1)  the adoption of a development plan for its territory under the Act respecting land use planning and development (chapter A‐19.1);

(2)  the assessment of immoveables and business establishments for its territory, under the Act respecting municipal taxation (chapter F‐2.1);

(3)  the management of residual materials under the Environment Quality Act (chapter Q‐2).

1982, c. 18, s. 47; 1998, c. 31, s. 65; 1999, c. 40, s. 68; 1999, c. 75, s. 39.

121.1.1. The Community may, by by-law, order that it has competence in all or part of a field that is not mentioned in section 121 and that is within the competence of the municipalities whose territories are included in the Community’s territory, other than the imposition of taxes.

The secretary of the Community shall send a certified true copy of the by-law to each municipality for approval with 10 days of its adoption.

The council of each municipality shall decide on the approval of the by-law not later than 30 days after receiving the copy, failing which the approval is deemed to have been given.

The by-law must be approved by the Minister, who shall fix the date on which it comes into force. The Minister may approve the by-law only if it has been approved, in accordance with this section, by at least two-thirds of the municipalities, including Ville de Montréal.

1998, c. 31, s. 66.

121.2. The Community has the competence, for the object of improving the quality of water sites and promoting access thereto, to order, by by-law, development works on the beds, including the banks or shores and the lands bordering thereon, of the lakes and watercourses situated in its territory, and works to control their water-level.

The Community may execute the works on its own immovables or, according to law, on immovables forming part of the domain of the State where works are executed both on its immovables and on an immovable forming part of the domain of the State at once.

1985, c. 3, s. 5; 1999, c. 40, s. 68.

121.3. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), the Community may, by by-law, give or lend money to an investment fund intended to provide financial support to enterprises in a start-up or development phase that are situated in its territory.

The fund must be administered by a non-profit organization established for that purpose and accredited by the Minister of Municipal Affairs and Greater Montréal.

The by-law must indicate the maximum contribution, not exceeding $1,000,000, that the Community may make to the fund.

1996, c. 52, s. 26; 1999, c. 43, s. 13.

121.4. The Community may establish and maintain, in its territory, non-profit organizations whose objects are economic promotion and development, assist or participate in the creation and maintenance of such organizations, entrust them with the organization and management, on its behalf, of activities relating to economic promotion and development and, for such purposes, make contracts with them and grant them the necessary material resources and funds.

The non-profit organizations established by the Community may carry out the contracts made with any person and exercise the rights and privileges and fulfil the obligations arising therefrom, even outside the territory of the Community.

1996, c. 52, s. 26.

121.5. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), the Community shall provide financial support to the local development centre accredited under the Act respecting the Ministère des Régions (chapter M-25.001) serving its territory.

1997, c. 53, s. 31; 1997, c. 91, s. 48, s. 49; 1998, c. 31, s. 67.

121.6. Every municipality whose territory is included in that of the Community shall make an annual contribution in support of the local development centre referred to in section 121.5 by the payment of a sum the amount of which shall be determined by a by-law of the Community or according to rules prescribed in the by-law.

The sum shall be integrated into the aliquot share that the municipality is required to pay to the Community under section 220.1.

Where several local development centres carry on their activities in the territory of the Community, the by-law provided for in the first paragraph shall prescribe rules for the apportionment of the sums among those centres.

1997, c. 53, s. 31; 1997, c. 93, s. 102; 1997, c. 91, s. 50; 1998, c. 31, s. 68.

122. Subject to the provisions of this Act, the municipalities in the territory of the Community shall retain their competence in the fields listed in section 121 and in all or part of a field declared to be within the competence of the Community under section 121.1.1, until the Community exercises its competence respecting such fields and to such extent as the Community has refrained from doing so.

Every provision of a by-law of a municipality in the territory contrary to or inconsistent with any provision of a by-law of the Community respecting any field referred to in the first paragraph shall immediately cease to have effect.

The Community, by by-law, may repeal any provision of a by-law of a municipality in its territory respecting the fields listed in section 121 and all or part of a field declared to be within the competence of the Community under section 121.1.1 which the Community considers inconsistent with the provisions of any by-law of the Community. A copy of such a by-law shall be sent by the secretary of the Community to the clerk of the municipality as soon as such by-law of the Community comes into force, and the clerk of such municipality shall report on the receipt of such by-law to the council of the municipality at its next sitting and enter a true copy of the by-law of the Community in the book of the by-laws of the municipality.

1969, c. 84, s. 113; 1998, c. 31, s. 69.

123. The Government or one of its ministers or agencies may delegate non-discretionary powers to the Community.

The Community may accept such delegation and exercise such powers.

1969, c. 84, s. 114; 1982, c. 18, s. 48.

124. The municipalities whose territories are included in that of the Community which enter into an agreement may provide therein, with the consent of the Community, that the latter will act as an intermunicipal committee or an intermunicipal management board, as the case may be.

A certified true copy of the resolution under which the Community agrees to act as an intermunicipal management board is added to the copies of the resolutions under which the municipalities authorize the making of the agreement, when such copies are transmitted to the Minister with the agreement for his approval.

If the agreement comes into force, the Community has the powers and obligations of an intermunicipal committee or of an intermunicipal management board, as the case may be.

1969, c. 84, s. 115; 1982, c. 18, s. 48; 1983, c. 57, s. 81; 1996, c. 2, s. 546; 1996, c. 27, s. 125.

124.1. The Community and a municipality whose territory is included in that of the Community may enter into an agreement, in accordance with the Act governing the latter, in which the Community undertakes to supply the municipality with a service or receives from the latter a delegation of jurisdiction.

In such a case, the Community is deemed to be a municipality for the purposes of the provisions of the said Act concerning intermunicipal agreements on the supply of services or the delegation of jurisdiction.

1982, c. 18, s. 48; 1996, c. 2, s. 517.

124.2. Except for the passing of a resolution under which the Community agrees to act as an intermunicipal committee or an intermunicipal management board, as the case may be, or of a resolution authorizing the making of an agreement under section 124.1, only the representatives of the municipalities that are parties to the agreement are entitled to vote on the Council on any matter relating to the carrying out of the agreement.

The rules regarding the division of the votes among such representatives and the other rules on the decision to be taken by the Council are provided in the agreement.

1982, c. 18, s. 48; 1983, c. 57, s. 82; 1996, c. 27, s. 126.

125. (Repealed).

1969, c. 84, s. 116; 1982, c. 18, s. 49.

126. (Repealed).

1969, c. 84, s. 117; 1982, c. 18, s. 49.

127. The Community may make by-laws to take a census of the inhabitants of its territory in order to ascertain the number thereof and to obtain statistics respecting their age and their social and economic condition.

1969, c. 84, s. 163.

128. (Repealed).

1969, c. 84, s. 164; 1974, c. 82, s. 10; 1979, c. 51, s. 253; 1982, c. 18, s. 50.

129. (Repealed).

1969, c. 84, s. 165; 1982, c. 18, s. 50.

130. (Repealed).

1969, c. 84, s. 166; 1982, c. 18, s. 50.

131. (Repealed).

1969, c. 84, s. 167; 1982, c. 18, s. 50.

132. (Repealed).

1971, c. 92, s. 3; 1982, c. 18, s. 50.

§ 1 . — Air purification

1982, c. 18, s. 51.

133. The Community may, by by-law,

(1)  regulate or prohibit the emission into the atmosphere of substances liable to be air pollutants and, in particular, determine for each class of such substances the maximum quantity or concentration that may be emitted into the atmosphere;

(2)  require every person who carries on an activity liable to cause the emission of an air pollutant, or who possesses or uses an object the use or operation of which may cause such an emission, to hold a permit issued by the Community; determine classes of permit on the basis of the classes of substances emitted into the atmosphere or any other criterion;

(3)  determine the qualifications required of an applicant for a permit, the conditions of issue or renewal of the permit, the information and documents to be provided by the applicant and the cases of suspension or revocation of the permit;

(4)  determine the procedure for disposing of air pollutants or substances liable to constitute such pollutants;

(5)  determine the methods for collecting, analyzing and computing air pollutants or substances whose emission into the air may constitute an air pollutant; empower the head of the department responsible for air quality or any other officer of the Community it designates to have such works and apparatus as he deems necessary installed to enable the collection and analysis of a source of air pollution;

(6)  prescribe the devices with which the immovables, equipment, facilities and other objects whose the use or operation is liable to cause the emission of air pollutants must be fitted, and determine any other requirement to be met by the owner or user thereof in respect of such devices;

(7)  prescribe the powers to be exercised by the head of the department responsible for air quality or by any other officer of the Community he designates where the emission of a pollutant into the atmosphere constitutes an immediate danger to the life or health of persons, animals or plants.

The Community may, by by-law, delegate to the executive committee the powers mentioned in subparagraph 5 of the first paragraph, and authorize it to make any decision to complete a by-law adopted under that paragraph. The executive committee shall exercise, by order, any power delegated to it under this paragraph. The order is considered a by-law of the Community and shall be published and come into force in the same manner as such a by-law.

A by-law or order respecting any matter provided for in subparagraph 5 of the first paragraph shall be approved by the Minister of the Environment.

A by-law or order under this section may vary according to the parts of the territory which the Community or, as the case may be, the executive committee determines.

1969, c. 84, s. 168; 1972, c. 73, s. 5; 1974, c. 82, s. 11; 1979, c. 49, s. 35; 1982, c. 18, s. 52; 1988, c. 49, s. 47; 1990, c. 4, s. 285; 1993, c. 68, s. 25; 1994, c. 17, s. 33; 1995, c. 71, s. 31; 1999, c. 36, s. 158.

133.1. The Community may, by by-law, prescribe, as a penalty for an offence against a by-law or order under section 133 or against section 134 or 135,

(1)  in the case of a first offence, a minimum fine, to be fixed by the Community, of not more than $25 000 and a maximum fine of not more than $500 000, a maximum term of imprisonment of 18 months, notwithstanding article 231 of the Code of Penal Procedure (chapter C-25.1), or both penalties together;

(2)  in the case of a second or subsequent offence, a minimum fine, to be fixed by the Community, of not more than $50 000 and a maximum fine of not more than $1 000 000, a maximum term of imprisonment of 18 months, notwithstanding article 231 of the Code of Penal Procedure, or both penalties together.

1993, c. 68, s. 25.

133.2. Any decision made by the head or an officer under subparagraph 5 or 7 of the first paragraph of section 133 may be contested before the Administrative Tribunal of Québec. Division XI of Chapter I of the Environment Quality Act (chapter Q-2), adapted as required, applies to the proceeding.

1993, c. 68, s. 25; 1997, c. 43, s. 195.

134. In the exercise of their duties, the officers and employees of the Community charged with the application of the by-laws and orders passed under section 133 may enter, at any reasonable time,

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

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

Such officers or employees may examine the substances, apparatus, machines, works or installations; they may also require the production of books, registers and documents relating to the matters contemplated by such by-laws or orders, and require in that respect any other information deemed useful or necessary. A person must carry out such a requirement.

1972, c. 73, s. 5; 1982, c. 18, s. 53; 1986, c. 95, s. 103.

135. No person may hinder an officer or employee contemplated in section 134 in the performance of his duties, particularly by misleading him or attempting to mislead him by concealment or by misrepresentation.

Such officer or employee shall, if so required, identify himself and produce a certificate, signed by the head of the department concerned, attesting to his authority.

1972, c. 73, s. 5; 1982, c. 18, s. 53; 1986, c. 95, s. 104; 1990, c. 4, s. 286.

136. For the purposes of section 133, “pollutant” means a substance whose nature, concentration or quantity is likely to in any manner whatsoever reduce air quality.

1972, c. 73, s. 5; 1975, c. 87, s. 5; 1993, c. 68, s. 26.

136.1. The Community is exempt from the obligation to give a security when requesting an interlocutory injunction to cease the infringement of a by-law or an order passed under section 133, or of section 134 or 135.

1982, c. 18, s. 54.

137. (Repealed).

1969, c. 84, s. 169; 1981, c. 7, s. 536; 1982, c. 18, s. 55.

138. (Repealed).

1969, c. 84, s. 170; 1982, c. 18, s. 55.

§ 2 . — Water purification

1982, c. 18, s. 56.

139. In this subdivision, “purification works” means a sewer, a sewer system, a waste water 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 Community’s purification processes.

1969, c. 84, s. 171; 1972, c. 49, s. 138; 1979, c. 49, s. 35; 1982, c. 18, s. 56; 1985, c. 31, s. 11; 1993, c. 68, s. 27.

140. (Repealed).

1969, c. 84, s. 172; 1971, c. 90, s. 12; 1972, c. 49, s. 139; 1977, c. 5, s. 14; 1979, c. 49, s. 33; 1982, c. 2, s. 106; 1982, c. 18, s. 56; 1993, c. 68, s. 28.

141. Every municipality whose territory is included in that of the Community shall submit to the executive committee for approval any project for the construction, enlargement or alteration of depollution works before passing the resolution or the by-law necessary for implementing such project.

Within 15 days after receiving such application, the executive committee shall determine whether such project is of a purely local nature or has any repercussion on any territory larger than that of the municipality.

The executive committee may approve any project of a purely local nature. It may also approve a project that has repercussions in any territory larger than that of the municipality if it is approved by the municipalities involved, if the municipalities involved agree to the project alterations required by the executive committee or if the project results from an order of the Minister of the Environment.

In any other case, the Council may, by resolution, subject to the approval of the Minister of the Environment, order such alterations as it deems expedient to the plans and specifications of the proposed work and authorize the municipality to carry out such work. Failing an agreement between the Community and the municipalities involved concerning the apportionment of the cost of the work, such apportionment shall be ordered by the Minister of the Environment.

1969, c. 84, s. 173; 1971, c. 90, s. 13; 1972, c. 49, s. 140; 1977, c. 5, s. 14; 1979, c. 49, s. 33, s. 35; 1982, c. 2, s. 107; 1982, c. 18, s. 56; 1985, c. 31, s. 12; 1988, c. 49, s. 48; 1994, c. 17, s. 33; 1996, c. 2, s. 546; 1999, c. 36, s. 158.

142. The Minister of the Environment shall not, with respect to the work contemplated in paragraph 2 of section 151.1, exercise as regards any municipality whose territory is included in that of the Community the powers contemplated in sections 29, 32, 34, 35, 41 and 43 of the Environment Quality Act (chapter Q-2), before calling upon the executive committee of the Community to make the representations to him it considers appropriate.

When the Minister of the Environment exercises the powers provided for in section 35 of the Environment Quality Act, he shall order the execution of intermunicipal work by the municipalities that he designates, unless the executive committee of the Community informs the Minister that the Community consents to execute it. If the Community consents to execute the work, the Minister shall not then order its execution except by the Community; the Minister shall not establish the apportionment of the cost of the works and the cost of maintenance and operation thereof, determine the method of payment or fix the indemnity, periodic or otherwise, payable by the municipalities for the use of the works or for the services provided, before calling upon the executive committee of the Community to make its representations on this matter.

1969, c. 84, s. 174; 1971, c. 90, s. 14; 1972, c. 49, s. 141; 1977, c. 5, s. 14; 1979, c. 49, s. 33; 1982, c. 2, s. 108; 1982, c. 18, s. 56; 1988, c. 49, s. 49; 1993, c. 68, s. 29; 1994, c. 17, s. 33; 1996, c. 2, s. 546; 1999, c. 36, s. 158.

143. Subject to the Environment Quality Act (chapterQ‐2), the Community may, by by-law, order the carrying out, even outside its territory, of all work respecting depollution works serving or intended to serve the territories of two or more municipalities included in its territory or of work designed to generate cost savings in respect of the collecting system. In the latter case, however, the consent of the local municipality in whose territory the work is carried out is required.

Subject to any tariff established under section 222.1 to finance the property, services and activities relating to the reception of waste water or other substances, the expenses resulting from the carrying out of the work contemplated in the first paragraph and from the maintenance, management and operation of the works contemplated in the said paragraph shall be apportioned in accordance with section 220 and the by-law adopted under section 220.1 unless, at the request of the Community or of a municipality, the Minister of the Environment himself fixes the apportionment and the method of payment, including the fixing of an indemnity, periodic or otherwise, payable for the use of the works or for the services provided by the Community.

1969, c. 84, s. 175; 1972, c. 49, s. 142; 1977, c. 5, s. 14; 1979, c. 49, s. 35; 1982, c. 18, s. 56; 1985, c. 31, s. 13; 1991, c. 32, s. 188; 1993, c. 68, s. 30; 1994, c. 17, s. 33; 1995, c. 71, s. 32; 1996, c. 2, s. 518; 1999, c. 36, s. 158.

144. The Community, by a by-law requiring the approval of the Minister of the Environment, upon the conditions fixed by the by-law, may acquire as a portion of its system the ownership of any depollution works owned by a municipality whose territory is included in that of the Community and serving or intended to serve the territories of two or more such municipalities or acquired for the purpose of generating cost savings in respect of the collecting system. In the latter case, however, the acquisition may be only by agreement.

1969, c. 84, s. 176; 1982, c. 18, s. 56; 1984, c. 38, s. 105; 1994, c. 17, s. 33; 1995, c. 71, s. 33; 1996, c. 2, s. 519; 1999, c. 36, s. 158.

145. Where a municipality some of whose depollution works are acquired by the Community has bound itself contractually with another municipality to receive the waste water from the territory of that other municipality, and the works acquired by the Community have been necessary for the carrying out of such contract, the Community shall be substituted for such municipality in all the rights and obligations of such municipality resulting from such contract.

1969, c. 84, s. 177; 1971, c. 90, s. 15; 1982, c. 18, s. 56; 1996, c. 2, s. 520.

146. Where all the purification works of a municipality are acquired by the Community, the municipality shall no longer have power to establish such works.

This Act does not have the effect of restricting the powers of a municipality to receive, in accordance with the by-laws of the Community, waste water from its territory or that of the other municipalities in order to convey such waste water to the works of the Community.

1969, c. 84, s. 178; 1982, c. 18, s. 56; 1993, c. 68, s. 31.

147. The Community shall not receive waste water or other substances for treatment directly from persons other than a municipality, except with the consent of the municipality concerned.

1969, c. 84, s. 179; 1982, c. 18, s. 56; 1993, c. 68, s. 32.

148. From the date of the coming into force of a by-law contemplated in section 144, no municipality whose territory is included in that of the Community may, without the consent of the Community, collect waste water or other substances for treatment from the territory of another municipality.

1969, c. 84, s. 180; 1982, c. 18, s. 56; 1993, c. 68, s. 33; 1996, c. 2, s. 521.

149. Nothing in section 148 shall be construed as preventing any municipality from receiving waste water or other substances from the territory of any other municipality, under contracts made before the date mentioned in that section, if the depollution works necessary to do so have not been acquired by the Community.

1969, c. 84, s. 181; 1982, c. 18, s. 56; 1993, c. 68, s. 34; 1996, c. 2, s. 522; 1999, c. 40, s. 68.

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

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

1969, c. 84, s. 182; 1971, c. 90, s. 16; 1972, c. 49, s. 143; 1977, c. 5, s. 14; 1979, c. 49, s. 33, s. 35; 1982, c. 18, s. 56; 1993, c. 68, s. 35; 1996, c. 2, s. 523; 1996, c. 52, s. 27.

151. (Repealed).

1969, c. 84, s. 183; 1982, c. 18, s. 56; 1993, c. 68, s. 36.

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

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

1985, c. 31, s. 14; 1994, c. 17, s. 33; 1995, c. 71, s. 34; 1999, c. 36, s. 158.

151.1. The Community may, by by-law,

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

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

(3)  regulate or prohibit the discharge of waste water or any substance it determines into a purification works or a watercourse; to that end, establish classes of contaminants or of sources of contamination and determine the maximum quantity or concentration of contaminants allowed in waste water or in substances discharged into a purification works or a watercourse;

(4)  determine the method of computing the quantity of waste water or of substances discharged into a purification works; prescribe the use of meters and determine the conditions governing the connection of meters to the Community’s purification works;

(5)  (paragraph repealed);

(6)  require a person or a class of persons discharging waste water or other substances of a class it determines into a purification works to hold a permit issued by the Community; exempt from such requirement any person or class of persons it determines;

(7)  determine the qualifications required of an applicant for a permit, the terms and conditions of issue and renewal of the permit, the information and documents to be provided by the applicant and the cases of suspension or revocation of the permit.

1982, c. 18, s. 56; 1985, c. 31, s. 14; 1993, c. 68, s. 37; 1995, c. 71, s. 35.

151.2. A by-law passed under section 151.1 requires the approval of the Minister of the Environment.

1982, c. 18, s. 56; 1985, c. 31, s. 14; 1994, c. 17, s. 33; 1999, c. 36, s. 158.

151.2.1. (Repealed).

1985, c. 31, s. 14; 1993, c. 68, s. 38; 1994, c. 17, s. 33; 1995, c. 71, s. 36.

151.2.2. The Community may require a person who discharges waste water or other substances into a purification works or a watercourse in contravention of a by-law adopted under section 151.1 to carry out, at his own expense, the work required to clean or repair, as the case may be, the purification works or to eliminate from the watercourse any harmful or hazardous substances he has unlawfully discharged into the watercourse, or to reimburse the Community for the costs incurred by it for such work.

1985, c. 31, s. 14; 1993, c. 68, s. 39.

151.2.3. The Community may

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

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

(c)  the installation and maintenance in good repair of equipment for the treatment or pre-treatment of waste water or of substances to be discharged in order to regularize the flow of discharge or to bring the equipment into conformity with the requirements of a by-law under section 151.1;

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

(e)  the maintenance of the discharged waste water or 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 or substances;

(2)  determine the schedule of execution of work required

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

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

1985, c. 31, s. 14; 1993, c. 68, s. 40.

151.2.4. The Community may prescribe the devices and methods whose use is recognized for the purposes of analysis, sampling or computation of concentration.

The Community may also fix the duration of a sampling program and a flow measurement program, determine the analysis parameters and require a permit holder to carry out the measures, sampling or analyses, and to provide it with the results thereof. The Community may, at the person’s expense, carry out the measures, sampling or analyses if the person fails to provide results which it considers satisfactory.

1985, c. 31, s. 14; 1993, c. 68, s. 41; 1995, c. 71, s. 37.

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

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

1985, c. 31, s. 14.

151.2.6. The Community may, by by-law, delegate to the executive committee or to a department head the powers conferred on it by sections 151.2.2 to 151.2.5.

1985, c. 31, s. 14; 1995, c. 71, s. 38.

151.2.7. (Repealed).

1985, c. 31, s. 14; 1993, c. 68, s. 42.

151.2.8. Any decision of the Community or, in the case of a delegation, any decision of the executive committee or of the head of a department made under sections 151.2.2 to 151.2.5 may be contested before the Administrative Tribunal of Québec. Division XI of Chapter I of the Environment Quality Act (chapter Q-2), adapted as required, applies to the proceeding.

1985, c. 31, s. 14; 1995, c. 71, s. 39; 1997, c. 43, s. 196.

151.3. In the exercise of their duties, the officers and employees of the Community charged with the application of the by-laws adopted under section 151.1 may enter, at any reasonable time,

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

(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 also require the production of books, registers and documents relating to the matters contemplated by such by-laws, and require in that respect any other information deemed usefull or necessary. A person must carry out such a requirement.

1982, c. 18, s. 56; 1986, c. 95, s. 105; 1993, c. 68, s. 43; 1995, c. 71, s. 40.

151.4. No person may hinder an officer or employee contemplated in section 151.3 in the performance of his duties, particularly by misleading him or attempting to mislead him by concealment or by misrepresentation.

Such officer or employee shall, if so required, identify himself and produce a certificate, signed by the head of the department concerned attesting his authority.

1982, c. 18, s. 56; 1986, c. 95, s. 106; 1990, c. 4, s. 287.

151.5. The Community may, by by-law, prescribe that any infringement of a by-law made under section 151.1, or of section 151.3 or 151.4, or that failure to comply with a prohibition, condition or requirement established under section 151.2.2, 151.2.3, 151.2.4 or 151.2.5 shall entail 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)  in the case of a second or subsequent conviction, 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.

1982, c. 18, s. 56; 1985, c. 31, s. 15; 1988, c. 49, s. 50; 1990, c. 4, s. 288; 1995, c. 71, s. 41.

151.6. The Community is exempt from the obligation to give a security when requesting an interlocutory injunction to cease the infringement of a by-law adopted under section 151.1, or of section 151.3 or 151.4.

1982, c. 18, s. 56; 1993, c. 68, s. 44; 1995, c. 71, s. 42.

§ 3 . — Waste recovery and recycling

1982, c. 18, s. 57.

152. The Community may, in or outside its territory,

(1)  establish, possess and operate

(a)  a waste recovery and recycling establishment;

(b)  premises for the disposal of residue from the operation of such establishment and of waste owned by the Community with a view to the operation which cannot be used for such purpose;

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

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

1969, c. 84, s. 184; 1977, c. 5, s. 14; 1982, c. 18, s. 57.

152.1. The Community may, by by-law, prescribe rules relating to the transport of waste between the place where it is collected and the recovery and recycling establishment.

It may also, by by-law,

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

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

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

The executive committee may, by order, prescribe the form and the minimum content of the bill of lading or register. Such order is published and comes into force in the same manner as a by-law. It is considered to form part of the by-law to which it relates.

1982, c. 18, s. 57; 1995, c. 71, s. 43; 1999, c. 40, s. 68.

152.2. From the time the Community begins to operate a waste recovery and recycling establishment, no municipality whose territory is included in that of the Community may grant a contract for waste collection unless the manner of disposing of such waste is approved by the Community.

1982, c. 18, s. 57; 1996, c. 2, s. 546.

152.3. A municipality whose territory is included in that of the Community may continue to operate, maintain and repair a waste disposal establishment already in operation or under construction on 11 July 1982.

In no case, however, may a municipality whose territory is included in that of the Community, without the authorization of the Community, enlarge an establishment contemplated in the first paragraph or establish a new one.

1982, c. 18, s. 57; 1996, c. 2, s. 546.

152.4. The Community, by by-law, may compel a municipality whose territory is included in that of the Community to make available to other such municipalities the waste disposal establishment it operates, upon payment of a compensation it fixes. The municipality which possesses the waste disposal establishment may, within 30 days, apply for a review of the compensation by the Commission municipale du Québec.

1982, c. 18, s. 57; 1996, c. 2, s. 546; 1996, c. 52, s. 28.

§ 4 . — Public health

1982, c. 18, s. 58.

153. In this subdivision

(1)  “food” means anything which may be used to feed man or animals, including beverages other than alcoholic beverages within the meaning of the Act respecting the Société des alcools du Québec (chapter S-13);

(2)  “inspector” means a person appointed by the executive committee and entrusted with the carrying out of a by-law or order made under section 153.1.

1969, c. 84, s. 186; 1971, c. 92, s. 5; 1972, c. 73, s. 6; 1974, c. 82, s. 13; 1982, c. 18, s. 59; 1982, c. 64, s. 11; 1993, c. 68, s. 45.

153.1. The Community may, by by-law,

(1)  prescribe hygiene and sanitation measures relating to food service or food retailing activities, the providing of services to consumers for remuneration or donations for philanthropic or promotional purposes, in particular, the activities related to the preparation, processing, preservation, handling or transport of food;

(2)  prescribe, for sanitation purposes, rules governing the construction, layout and equipment of the establishments, vehicles or apparatus in which an activity referred to in subparagraph 1 of the first paragraph is carried on or which are used for such activity;

(3)  prohibit the use or possession of food or the carrying on of a food business in an establishment, vehicle or apparatus referred to in subparagraph 2 of the first paragraph if the food is not in conformity with the Agricultural Products, Marine Products and Food Act (chapter P‐29) or with the Dairy Products and Dairy Products Substitutes Act (chapter P‐30);

(4)  require a person carrying on an activity mentioned in subparagraph 1 of the first paragraph to pass an examination prescribed by by-law to establish whether or not his knowledge of hygiene and sanitation is sufficient;

(5)  authorize an inspector, another officer to be designated by the executive committee for that purpose, a person referred to in section 32 of the Agricultural Products, Marine Products and Food Act or an inspector within the meaning of the Dairy Products and Dairy Products Substitutes Act to have an activity mentioned in subparagraph 1 of the first paragraph stopped, to order the closing of an establishment or apparatus, or the stopping of a vehicle, to affix seals, to seize, to confiscate, destroy or add colouring to food or to move or cause to be moved any food, vehicle, object or apparatus, at the owner’s expense, where the authorized person considers the operation of the establishment or the use of the object, food, apparatus or vehicle to be an immediate danger to the life or health of consumers.

The Community may, by by-law, authorize the executive committee to prescribe any order to supplement a by-law adopted under this section. The order is considered a by-law of the Community and shall be published and come into force in the same manner as such a by-law.

1982, c. 64, s. 11; 1985, c. 31, s. 16; 1990, c. 4, s. 289; 1993, c. 68, s. 46; 1999, c. 40, s. 68.

153.2. A by-law or order passed under section 153.1 requires the approval of the Minister of Agriculture, Fisheries and Food.

1982, c. 64, s. 11.

153.3. In the performance of his duties, an inspector, officer or person contemplated in subparagraph 5 of the first paragraph of section 153.1 may

(1)  at any reasonable time, enter an establishment and have access to any vehicle or apparatus referred to in subparagraph 2 of the first paragraph of section 153.1;

(2)  inspect the establishment, vehicle or apparatus and its equipment;

(3)  inspect any food found in the establishment, vehicle or apparatus and take samples thereof free of charge.

The inspector, officer or person may require the production of books, registers and documents relating to matters contemplated in a by-law adopted under section 153.1; he may also require any other information in that regard that he considers necessary or expedient. A person must comply with such requests and facilitate the access and inspection contemplated in the first paragraph.

An inspector or officer contemplated in subparagraph 5 of the first paragraph of section 153.1 shall exercise the powers of inspection provided in the first paragraph in accordance with the terms and conditions provided in the agreement entered into under section 153.6 where such agreement contains provisions respecting the methods of carrying out such powers.

1982, c. 64, s. 11; 1986, c. 95, s. 107; 1993, c. 68, s. 47.

153.4. No person may hinder an inspector, officer or person contemplated in section 153.3 in the performance of his duties. In particular, no person may deceive him or attempt to deceive him by concealment or false declarations.

The inspector, officer or person, if required, shall identify himself and exhibit a certificate attesting his authority, signed, as the case may be, by the head of the concerned department of the Community or by the Minister of Agriculture, Fisheries and Food.

1982, c. 64, s. 11; 1986, c. 95, s. 108.

153.4.1. The Community may, by by-law, prescribe, as a penalty for an offence against a by-law or order under section 153.1, 153.3 or 153.4,

(a)  in the case of a natural person, a fine of not less than $100 nor more than $2 000 for a first offence, and a fine of not less than $300 nor more than $4 000 for a second or subsequent offence;

(b)  in the case of a legal person, a fine of not less than $200 nor more than $3 000 for a first offence, and a fine of not less than $600 nor more than $8 000 for a second or subsequent offence.

1993, c. 68, s. 48.

153.5. (Repealed).

1982, c. 64, s. 11; 1993, c. 68, s. 49.

153.6. The Minister of Agriculture, Fisheries and Food may enter into an agreement with the Community, or with the Community and any municipality designated by the Government, except a municipality mentioned in Schedule A, respecting the administration within the territory of the Community and that of any municipality that is a party to the agreement, of the provisions of Acts, regulations or orders respecting the inspection of food that are under the administration of the Minister.

If one of the parties to the agreement is charged with the administration of provisions in all or part of the territory of another party, that competence does not extend to the institution of penal proceedings for an offence under such a provision that is committed in the territory of that other party.

The Community may also enter into an agreement with the Minister of Agriculture, Fisheries and Food respecting food inspection programs in connection with the application of the by-laws of the Community.

1982, c. 64, s. 11; 1996, c. 77, s. 40.

153.7. The Community or any municipality that is a party to an agreement under the first paragraph of section 153.6 may, unless the agreement provides otherwise, institute penal proceedings for an offence committed in its territory under a provision covered by the agreement.

The fine shall belong to the Community or to the municipality if it instituted the proceedings.

Proceedings referred to in the first paragraph may be instituted in any municipal court having jurisdiction over the territory in which the offence was committed. The costs relating to proceedings brought before a municipal court shall belong to the municipality responsible for the court, except the part of the costs remitted to another prosecuting party by the collector under article 366 of the Code of Penal Procedure (chapter C-25.1) and the costs paid to the defendant under article 223 of that Code.

1996, c. 77, s. 40.

154. (Repealed).

1969, c. 84, s. 188; 1982, c. 18, s. 60.

155. (Repealed).

1969, c. 84, s. 189; 1982, c. 18, s. 60.

§ 5 . — Recreation and parks

1982, c. 18, s. 61.

156. The Community may, by by-law, determine which parks, recreational centres and other recreational facilities not established by the Community are of a regional nature. In such a case, the Community is entrusted with the maintenance and operation of such parks, centres and facilities. For the purposes of this paragraph, the recreational centres and other recreational facilities referred to are those established by a municipality whose territory is included in that of the Community.

The Community may also, by by-law, establish parks, recreational centres and other recreational facilities that are of a regional nature.

For the purposes of this subdivision, 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 158.3 is governed by that section rather than by the other provisions of this subdivision.

1969, c. 84, s. 190; 1993, c. 3, s. 123; 1996, c. 52, s. 29; 1999, c. 59, s. 27.

157. (Replaced).

1969, c. 84, s. 191; 1979, c. 88, s. 1; 1982, c. 18, s. 62; 1996, c. 52, s. 29.

157.1. The Community may, by by-law, determine the site of a regional park, whether or not it is the owner of the land of such park. Such a by-law is without effect as regards third persons as long as the Community is not the owner of the right of way or has not made an agreement with the owner of the right of way or, in the case of land in the domain of the State, with the person having authority over the land, allowing it to operate the park.

1982, c. 2, s. 109; 1993, c. 3, s. 124; 1999, c. 40, s. 68.

157.2. (Repealed).

1982, c. 2, s. 109; 1993, c. 3, s. 125.

157.3. As soon as a regional park is established, the Community may enter into an agreement with an owner or holder of a right on an immoveable within the limits of such park providing that

(a)  the owner or the holder conserves, within the limits prescribed by the agreement, his right on the immoveable for a period fixed in the agreement;

(b)  the owner or the holder grants to the Community a right of pre-emption on the right that he holds;

(c)  the owner or the holder commits himself not to make improvements or changes to the immoveable without the consent of the executive committee;

(d)  in the case of a total or partial expropriation of the right that he holds, the owner or holder may not claim any indemnity by reason of an increment-value from which the immoveable or right that he possesses on it may benefit following the establishment of a regional park or by reason of improvements or changes made to the immoveable without the consent of the executive committee or with such consent, if the agreement entered into at the time that the consent was granted was such;

(e)  any other condition related to the use of the immoveable or the right.

1982, c. 2, s. 109; 1993, c. 3, s. 126.

158. Any project for the establishment, by a municipality whose territory is included in that of the Community of a park, a centre or any other recreational installation must, prior to the passing of the resolution or by-law required to put it into operation, be submitted to the executive committee for approval, with all the documents and studies on such subject in the possession of the municipality; the executive committee shall not refuse such approval unless it is of opinion that the project is of a regional nature; an appeal shall lie from such decision to the Commission municipale du Québec.

The first paragraph does not apply to any project for the establishment of a park the area of which, added, where such is the case, to the area of an adjoining park situated within the territory of the municipality, is less than 20 hectares, and not bordering on the territory of another municipality.

1969, c. 84, s. 192; 1977, c. 5, s. 14; 1982, c. 18, s. 63; 1993, c. 3, s. 127; 1996, c. 2, s. 524.

158.1. The Community may, in respect of parks, recreation centres and other recreation equipment of a regional nature, make by-laws to

(a)  ensure the protection and conservation of the natural environment, or any specific element thereof;

(b)  determine to what extent and for what purposes the public may be admitted;

(c)  fix the conditions governing any person staying, visiting or partaking in any activity in a park;

(d)  prohibit or regulate the possession and transport of arms;

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

(f)  prohibit the transport and the possession of animals or determine the conditions on which the possession of animals may be allowed;

(g)  prohibit or regulate the posting of bills;

(h)  ensure that the park is kept clean and orderly and that users enjoy peace and quiet;

(i)  prohibit certain recreational activities;

(j)  fix the conditions for participation in recreational activities;

(k)  (paragraph repealed);

(l)  prohibit or regulate the operation of commercial enterprises;

(m)  determine the cases where a person may be refused admittance or ejected;

(n)  determine the powers and duties of the employees.

1982, c. 2, s. 110; 1993, c. 3, s. 128; 1995, c. 71, s. 44.

158.1.1. The Community may operate accommodation, catering or commercial establishments, or parking lots, in the park concerned for the benefit of users, or cause such establishments to be operated.

Where the Community adopts, pursuant to paragraph e of section 158.1, a by-law relating to the parking of vehicles, paragraph 20 of section 412 of the Cities and Towns Act (chapter C-19) shall apply, taking into account any necessary changes, with respect to any infraction of the by law.

1993, c. 3, s. 129; 1995, c. 71, s. 45.

158.1.2. The Community, 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).

1993, c. 3, s. 129; 1996, c. 2, s. 525; 1996, c. 27, s. 127.

158.2. The Community and the Minister of Culture and Communications may enter into an agreement relating to the applicability of the Cultural Property Act (chapter B-4) to a regional park situated in whole or in part in a natural district within the meaning of that Act. The agreement must contain a development plan for the whole or the part of the park situated in the natural district and may provide that an authorization required by section 48 of the Cultural Property Act is not necessary where the Community carries out an operation contemplated in one of these sections, if it adheres to the development plan contained in the agreement.

Furthermore, the agreement may provide, where the Minister of Culture and Communications has assented to an application made under section 98 of the Cultural Property Act by a municipality whose territory is included in that of the Community, that sections 94 and 95 of the said Act do not apply where the Community carries out an operation contemplated in one of these sections, if it adheres to the development plan contained in the agreement.

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

1982, c. 2, s. 110; 1985, c. 24, s. 43; 1992, c. 65, s. 43; 1993, c. 3, s. 130; 1994, c. 14, s. 34; 1996, c. 2, s. 526.

158.3. The Community may, by by-law, establish intermunicipal 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 Community and a municipality in whose territory part of an existing or a planned bicycle path or lane is situated may enter into an agreement concerning the development and maintenance of such part of the bicycle path or lane. A copy of the agreement or, failing an agreement, a certificate from the secretary of the Community stating that no agreement was entered into, must be attached to the by-law when transmitting it to the Minister of Transport, as the case may be.

The establishment of a bicycle path or lane under this section does not deprive the municipality of a power it may have to establish a similar bicycle path or lane in its territory.

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.

1982, c. 18, s. 64; 1996, c. 52, s. 30.

158.4. The Community may establish and maintain bodies in its territory whose objects are the protection of the environment and the conservation of resources, assist in their creation and maintenance, and entrust them with the organization and management of activities relating to the objects they pursue.

The Community may entrust non-profit organizations with the organization and management, on its behalf, of activities in a regional park and, to this end, may conclude contracts with them and grant them the funds required.

1993, c. 3, s. 131.

§ 5.1 . — Road service and vehicle towing

1999, c. 21, s. 2.

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

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

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

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

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

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

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

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

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

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

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

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

1999, c. 21, s. 2.

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

Where a by-law made under section 158.5 is in force, the contract referred to in the first paragraph may be entered into only with a holder of the appropriate permit. The contract may, however, contain stipulations that depart from the provisions of the by-law adopted under subparagraphs 7 to 10 of the second paragraph of that section.

The road service and vehicle towing services in respect of which a contract is entered into under this section may be provided, where the vehicle no longer obstructs traffic or no longer constitutes a hazard on the public road, by a person other than the person authorized under the contract.

1999, c. 21, s. 2.

158.7. An inspector responsible for the application of a by-law made under section 158.5 may, in performing the duties of an inspector, enter a building or on land at any reasonable time and inspect any vehicle, accessory, apparatus or equipment to which the by-law applies.

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

1999, c. 21, s. 2.

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

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

1999, c. 21, s. 2.

158.9. Every person who provides the road service or vehicle towing services covered by a contract under section 158.6 without being authorized to do so under such a contract is guilty of an offence.

1999, c. 21, s. 2.

158.10. The Community may, by by-law, prescribe that an offence under section 158.8 or 158.9 entails the penalty prescribed in the by-law, which may not exceed the amounts fixed under the second paragraph of section 69.

1999, c. 21, s. 2.

159. (Repealed).

1969, c. 84, s. 193; 1977, c. 5, s. 14; 1982, c. 18, s. 65.

160. (Repealed).

1969, c. 84, s. 194; 1982, c. 18, s. 65.

161. (Repealed).

1969, c. 84, s. 195; 1974, c. 82, s. 14; 1982, c. 18, s. 65.

§ 6 . — Police

Division VIII of Title I of this Act, replaced by section 66 of chapter 18 of the statutes of 1982 has become Subdivision 6 of Division VII of Title I.

1982, c. 18, s. 66.

162. (Repealed).

1969, c. 84, s. 196; 1977, c. 5, s. 14; 1977, c. 71, s. 1; 1982, c. 18, s. 67.

163. (Repealed).

1969, c. 84, s. 197; 1977, c. 71, s. 1; 1982, c. 18, s. 67.

164. (Repealed).

1969, c. 84, s. 198; 1971, c. 93, s. 2; 1977, c. 71, s. 1; 1982, c. 18, s. 67.

165. (Repealed).

1969, c. 84, s. 199; 1971, c. 93, s. 2; 1977, c. 71, s. 1; 1982, c. 18, s. 67.

166. (Repealed).

1969, c. 84, s. 200; 1971, c. 93, s. 2; 1977, c. 71, s. 1; 1982, c. 18, s. 67.

167. (Repealed).

1969, c. 84, s. 201; 1971, c. 93, s. 2; 1977, c. 71, s. 1; 1982, c. 18, s. 67.

168. (Repealed).

1969, c. 84, s. 202; 1971, c. 93, s. 2; 1977, c. 71, s. 1; 1982, c. 18, s. 67.

169. (Repealed).

1969, c. 84, s. 203; 1971, c. 93, s. 2; 1977, c. 71, s. 1; 1982, c. 18, s. 67.

170. (Repealed).

1969, c. 84, s. 204; 1971, c. 93, s. 2; 1974, c. 82, s. 15; 1977, c. 71, s. 1; 1982, c. 18, s. 67.

171. (Repealed).

1969, c. 84, s. 205; 1971, c. 93, s. 2; 1977, c. 71, s. 1; 1982, c. 18, s. 67.

172. (Repealed).

1969, c. 84, s. 206; 1977, c. 71, s. 1; 1982, c. 18, s. 67.

173. (Repealed).

1969, c. 84, s. 207; 1971, c. 93, s. 3; 1975, c. 87, s. 7; 1977, c. 71, s. 1; 1982, c. 18, s. 67.

174. (Repealed).

1969, c. 84, s. 208; 1971, c. 93, s. 4; 1977, c. 71, s. 1; 1982, c. 18, s. 67.

175. (Repealed).

1969, c. 84, s. 209; 1971, c. 93, s. 4; 1977, c. 71, s. 1; 1982, c. 18, s. 67.

176. (Repealed).

1969, c. 84, s. 210; 1971, c. 93, s. 4; 1977, c. 71, s. 1; 1982, c. 18, s. 67.

177. (Repealed).

1969, c. 84, s. 211; 1971, c. 93, s. 4; 1977, c. 71, s. 1; 1982, c. 18, s. 67.

178. The executive committee exercises, over the police department of the Community, the department head and its personnel, the same authority as it exercises over the other departments of the Community, department heads and their personnel, subject to the Act respecting police organization (chapter O-8.1).

1969, c. 84, s. 212; 1971, c. 93, s. 4; 1977, c. 71, s. 1; 1982, c. 18, s. 68; 1988, c. 75, s. 198.

178.1. The executive committee may exercise the following powers only on the advice of the public safety committee:

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

(2)  to determine the number of policemen, officers and employees in the department;

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

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

Furthermore, the executive committee must have the budget of the police department, which was prepared by its head, examined by the public safety committee before including it in the budget of the Community, with or without amendment.

1982, c. 18, s. 68.

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

However, in no case may the committee proceed with consultations on any question being the subject of an investigation of the police ethics commissioner or of a person commissioned to make an inquiry under sections 181 to 183 of the Act respecting police organization (chapter O-8.1).

1969, c. 84, s. 213; 1971, c. 93, s. 4; 1977, c. 71, s. 1; 1982, c. 18, s. 68; 1988, c. 75, s. 199.

180. In the matter of discipline, the executive committee shall, on the recommendation of the head, decide in respect of policemen who are not employees within the meaning of the Labour Code (chapter C-27), subject to their right of appeal under section 79 of the Police Act (chapter P-13).

1969, c. 84, s. 214; 1971, c. 93, s. 4; 1977, c. 71, s. 1; 1982, c. 18, s. 68.

181. (Repealed).

1969, c. 84, s. 215; 1971, c. 93, s. 4; 1977, c. 71, s. 1; 1982, c. 18, s. 68; 1993, c. 68, s. 50.

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

1969, c. 84, s. 216; 1971, c. 93, s. 4; 1977, c. 71, s. 1; 1982, c. 18, s. 68.

183. A judge of the Court of Appeal, upon a motion, may summarily annul any writ, order or injunction issued or granted contrary to section 182.

1969, c. 84, s. 217; 1971, c. 93, s. 4; 1977, c. 71, s. 1; 1979, c. 37, s. 43.

184. (Repealed).

1969, c. 84, s. 218; 1971, c. 93, s. 4; 1977, c. 71, s. 1; 1982, c. 18, s. 69.

185. (Repealed).

1969, c. 84, s. 219; 1971, c. 93, s. 4; 1977, c. 5, s. 14; 1977, c. 71, s. 1; 1982, c. 18, s. 69.

186. (Repealed).

1969, c. 84, s. 220; 1971, c. 93, s. 4; 1977, c. 71, s. 1; 1982, c. 18, s. 69.

DIVISION IX

Repealed, 1982, c. 18, s. 70.

1982, c. 18, s. 70.

187. A department of the Community is created under the name of the “Police Department of the Communauté urbaine de Montréal.”

1969, c. 84, s. 221; 1971, c. 93, s. 4; 1977, c. 5, s. 14; 1977, c. 71, s. 1.

188. Subject to this Act, the police department, under the authority of the department head, and in the territory of the Community, shall

(a)  maintain peace, order and public safety;

(b)  prevent crime and offences, seek out offenders, and summon them before the courts; and

(c)  see to the application of the laws in force in Québec, and of the by-laws, resolutions and orders of the Community and of the municipalities whose territories are included in that of the Community.

1969, c. 84, s. 222; 1971, c. 93, s. 4; 1977, c. 71, s. 1; 1982, c. 18, s. 71; 1996, c. 2, s. 546.

189. The Police Department consists of the director, the policemen and such other functionaries and employees as necessary.

Subject to this Act, the members of the personnel of the police department shall discharge their duties under the authority of the department head.

1969, c. 84, s. 223; 1971, c. 93, s. 4; 1977, c. 71, s. 1; 1982, c. 18, s. 72.

190. The Government shall appoint the department head upon the recommendation of the Minister of Public Security after consultation with the executive committee and the public safety committee.

The director shall assume office on the date specified in the notice of appointment, which shall be published in the Gazette officielle du Québec through the Minister of Public Security.

1969, c. 84, s. 224; 1977, c. 71, s. 1; 1982, c. 18, s. 73; 1986, c. 86, s. 38; 1988, c. 46, s. 24.

191. The director shall be appointed for a term not exceeding five years; his term may be renewed.

Notwithstanding that his term has ended, the director shall remain in office until he is reappointed or replaced.

1969, c. 84, s. 225; 1971, c. 93, s. 5; 1977, c. 71, s. 1.

192. Notwithstanding sections 106 to 108, the Government shall dismiss the head only upon the recommendation of the Minister of Public Security, after consultation with the executive committee and the public safety committee, which latter committee shall, for that purpose, hear the department head.

1969, c. 84, s. 226; 1971, c. 93, s. 5; 1977, c. 71, s. 1; 1982, c. 18, s. 74; 1986, c. 86, s. 38; 1988, c. 46, s. 24; 1988, c. 75, s. 200.

193. If the director is dismissed, dies, resigns or becomes permanently unable to act, he shall be replaced in the manner provided in section 190.

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

1969, c. 84, s. 227; 1977, c. 71, s. 1; 1986, c. 86, s. 38; 1988, c. 46, s. 24; 1999, c. 40, s. 68.

194. Before assuming office, the head of the department shall make the oaths prescribed in Schedules A and B of the Police Act (chapter P-13) before the chairman of the executive committee, and a policeman of the police department, before the head of the department.

1969, c. 84, s. 228; 1971, c. 93, s. 6; 1977, c. 71, s. 1; 1982, c. 18, s. 75.

195. (Repealed).

1969, c. 84, s. 229; 1977, c. 71, s. 1; 1982, c. 18, s. 76.

196. The head of the department shall

(1)  submit to the executive committee, at such times as it may fix but at least every other month, a report of its operations, in the form and on the terms and conditions determined by the executive committee, whose chairman shall transmit it to the pulic safety committee;

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

(3)  submit to the executive committee any detailed report on conditions that are disturbing to order, peace and public safety, or on the crime situation;

(4)  prepare the annual budget of the department and send it to the executive committee on the date fixed by the latter.

1969, c. 84, s. 230; 1977, c. 71, s. 1; 1982, c. 18, s. 77; 1986, c. 86, s. 38; 1988, c. 46, s. 24; 1988, c. 75, s. 201.

197. Subject to this Act, the head is in charge of the management of the police department and the organization and conduct of its police operations.

1969, c. 84, s. 231; 1977, c. 71, s. 1; 1982, c. 18, s. 77.

198. Policemen who are not employees within the meaning of the Labour Code (chapter C-27) shall remain in office during good behaviour until the retirement age fixed for them by the executive committee after consultation with the association representing the members of the superior staff.

Notwithstanding sections 106 to 108, they shall not be dismissed except by the executive committee, acting on the recommendation of the head, in the manner provided in section 79 of the Police Act (chapter P-13).

1969, c. 84, s. 232; 1977, c. 71, s. 1; 1982, c. 18, s. 77.

199. (Repealed).

1969, c. 84, s. 233; 1971, c. 93, s. 7; 1977, c. 71, s. 1; 1982, c. 18, s. 77; 1985, c. 31, s. 17.

200. The conditions of employment of the policemen who are not employees within the meaning of the Labour Code (chapter C-27), and their retirement plan, pension plan or pension fund, shall be established in accordance with subparagraph 4 of the first paragraph of section 178.1.

1969, c. 84, s. 234; 1971, c. 93, s. 7; 1977, c. 71, s. 1; 1982, c. 18, s. 78; 1993, c. 68, s. 51.

201. (Repealed).

1969, c. 84, s. 235; 1971, c. 93, s. 7; 1977, c. 71, s. 1; 1982, c. 18, s. 79; 1996, c. 2, s. 527; 1988, c. 75, s. 202.

202. (Repealed).

1969, c. 84, s. 236; 1971, c. 93, s. 7; 1977, c. 71, s. 1; 1988, c. 75, s. 202.

203. (Repealed).

1969, c. 84, s. 237; 1971, c. 93, s. 7; 1977, c. 71, s. 1; 1982, c. 18, s. 80.

DIVISION X PENAL PROVISIONS

1992, c. 61, s. 206.

204. The Communauté urbaine de Montréal may institute penal proceedings for an offence under section 133.1, 151.5 or 153.4.1 or under any provision of a by-law or order of the Community.

1969, c. 84, s. 242; 1974, c. 82, s. 17; 1977, c. 5, s. 14; 1985, c. 31, s. 42; 1990, c. 4, s. 290; 1992, c. 61, s. 206; 1993, c. 68, s. 52.

205. Any municipal court in the territory of the Community shall have jurisdiction in respect of any offence under a provision of this Act or of the by-laws or orders of the Community.

1969, c. 84, s. 243; 1974, c. 82, s. 18; 1977, c. 5, s. 14; 1985, c. 31, s. 42; 1992, c. 61, s. 206.

206. The fine belongs to the Community, where it instituted the penal proceedings.

The costs relating to proceedings instituted before a municipal court belong to the municipality under the jurisdiction of that court, except the part of the costs remitted to another prosecuting party by the collector under article 366 of the Code of Penal Procedure (chapter C-25.1), and the costs remitted to the defendant or imposed on that municipality under article 223 of the said Code.

1969, c. 84, s. 244; 1974, c. 82, s. 19; 1985, c. 31, s. 42; 1992, c. 61, s. 206.

DIVISION XI FINANCIAL PROVISIONS

207. The fiscal year of the Community shall begin on 1 January and end on 31 December of each year.

1969, c. 84, s. 245.

208. The Community must prepare and adopt a budget each year.

1969, c. 84, s. 246.

208.1. Not later than the day the budget of the Community is submitted to the Council, the chairman of the executive committee shall report on the financial situation of the Community, at a meeting of the Council.

The chairman shall deal with the latest financial statements, the latest report of the auditor and the latest three-year fixed assets program, with preliminary instructions regarding the financial statements for the fiscal year preceding that for which the next budget is made, and with the general direction of the next budget and the next three-year fixed assets program.

The text of the chairman’s report is distributed free of charge to each address in the territory of the Community. In addition to or instead of the distribution, the Council may order that the text be published in a newspaper circulated in the territory.

1982, c. 18, s. 81.

208.2. The secretary shall give public notice of the meeting at which the budget or the three-year fixed assets program must be submitted to the Council, not later than eight days before it takes place.

At that meeting, the deliberations of the Council and the question period deal exclusively with the budget or the three-year program.

1982, c. 18, s. 81.

208.3. The adopted budget or three-year program or any explanatory document therefor, is distributed free of charge to each address in the territory of the Community. In addition to or instead of the distribution, the Council may order that the budget, the three-year program or the explanatory document be published in a newspaper circulated in the territory.

1982, c. 18, s. 81.

209. The executive committee shall draw up the budget of the Community. It shall file the budget in the office of the secretary of the Community, with its recommendations on that budget and the budget of the Société de transport and with an examination of the budget of the police department done by the public safety committee. The secretary shall send a copy of each document so filed and of the budget of the Société de transport to each municipality whose territory is included in that of the Community and to each member of the Council, not later than 1 November.

Not later than 30 September each year, the treasurer shall determine in a certificate the appropriations he considers necessary for the next fiscal year for payment of the interest on securities issued or to be issued by the Community, for repayment or redemption of such securities and for the requirements of their sinking funds and any other charge related to the debt of the Community, except, however, the amounts required in principal, interest and accessories in relation to the issue of treasury bills, loans contracted in anticipation of revenue and renewable loans falling due during the fiscal year covered by the budget. The treasurer shall also determine in such certificate the appropriations necessary, during the next fiscal year, to assume the obligations contracted by the Community during previous fiscal years. The treasurer may amend the certificate until 31 December preceding the fiscal year to which it applies if the appropriations mentioned therein have not been adopted by the Council. The treasurer shall file the certificate and the amendment thereto, where such is the case, in the office of the secretary. The secretary shall notify the Council at the first sitting held after the filing.

The treasurer shall also include in the certificate contemplated in the second paragraph the appropriations necessary, during the next fiscal year, to assume the obligations of the Community arising from collective agreements or from its by-laws, or arising under legislative or regulatory provisions adopted by the Gouvernement du Québec or the Government of Canada or one of its Ministers or bodies.

The amounts shown in the certificate shall be included in the budget of the Community for the fiscal year covered by the budget.

The budget shall also appropriate an amount of a least 1 % of the expenses of the Community to cover expenditures not provided for in the budget, the settlement of claims and the payment entailed by court sentences.

The second, third, fourth and fifth paragraphs apply with the necessary modifications with respect to the budget of the Société de transport. The treasurer of the Community shall obtain the opinion of the treasurer of the Société de transport before drawing up the certificate contemplated in the second paragraph with respect to the budget. The same applies to amendments made to the certificate.

1969, c. 84, s. 247; 1971, c. 90, s. 17; 1971, c. 93, s. 11; 1974, c. 82, s. 20; 1977, c. 71, s. 2; 1982, c. 18, s. 82; 1982, c. 63, s. 158; 1985, c. 31, s. 18; 1985, c. 31, s. 42; 1990, c. 41, s. 84; 1995, c. 71, s. 46; 1996, c. 2, s. 546; 1999, c. 90, s. 13.

210. The budget of the Community and the budget of the Société de transport shall be submitted to the Council not later than 15 November at a special meeting called for such purpose.

Such meeting shall be adjourned as often as necessary and shall not be closed until the budgets have been adopted. If there is not a quorum, the meeting shall be automatically adjourned to 8:00 p.m. on the following juridical day.

The Council may, on its own motion, amend the budgets.

The Council is not bound to adopt simultaneously all the appropriations of the budget and thus may adopt every appropriation separately.

The Council may also, before 1 January, adopt temporarily, for a period of three months, one quarter of every appropriation provided for in the budget. The same applies before each period beginning 1 April, 1 July and 1 October. The Council may thus adopt at the same time

(1)  three quarters of every appropriation if it does so before 1 April; and

(2)  one half of every appropriation, if it does so before 1 July.

If, on 1 January, the budget of the Community or of the Société de transport has not been adopted, one quarter of each of the appropriations provided for in the budget of the preceding fiscal year, with the exception of those mentioned in the seventh paragraph, is deemed adopted and shall come into force. The same applies on 1 April, 1 July and 1 October if on each of those dates the budget has not been adopted.

The presumption of adoption and the coming into force provided for in the sixth paragraph do not apply to the appropriations provided for in the budget for the preceding fiscal year, which correspond

(1)  to those mentioned in the certificate of the treasurer contemplated in section 209;

(2)  to those then adopted separately under the fourth paragraph; and

(3)  to those one quarter of which has then been adopted under the fifth paragraph for the same period of three months.

In the hypothesis mentioned in the sixth paragraph, the appropriations mentioned in the certificate of the treasurer contemplated in section 209 and included in the budget that is being studied are deemed to be adopted on 1 January and shall then come into force.

The adoption, after 1 January, of the budget or one of its appropriations in accordance with the fourth paragraph is retroactive to that date. The same rule applies to the by-laws and resolutions arising therefrom.

A certified copy of the budget of the Community and of the Société de transport shall be transmitted to the Minister within thirty days of its adoption.

1969, c. 84, s. 248; 1972, c. 73, s. 7; 1974, c. 82, s. 21; 1977, c. 5, s. 14; 1982, c. 18, s. 83; 1984, c. 38, s. 106; 1985, c. 31, s. 42.

210.1. In the year of a general election to the council of Ville de Montréal, the dates 1 November and 15 November mentioned in the first paragraph of sections 209 and 210 are replaced by the dates 15 December and 15 January, respectively.

In such case, the sixth, seventh, eighth and ninth paragraphs of section 210 apply.

1982, c. 18, s. 83; 1990, c. 41, s. 85; 1996, c. 2, s. 545; 1999, c. 59, s. 28.

211. The director of each department shall be responsible for the management of the budget of his department, according to the provisions of this act, under the supervision of the executive committee.

1969, c. 84, s. 249; 1971, c. 93, s. 12; 1982, c. 18, s. 84.

212. During a fiscal year, the Community may adopt a supplementary budget.

The supplementary budget is prepared, filed and forwarded according to the rules applicable to the annual budget, with the necessary modifications. A copy of the budget must be sent to the municipalities and the members of the Council not less than 15 days before it is submitted to the Council.

The supplementary budget is submitted to the Council at a special meeting called for that purpose. Such meeting may close without the budget being adopted.

The Council may, on its own motion, amend the supplementary budget.

If the supplementary budget is not adopted within 15 days from the day it is submitted, the appropriations mentioned in the certificate of the treasurer contemplated in section 209 and included in the budget are deemed to be adopted and shall come into force on the expiry of that period.

1969, c. 84, s. 250; 1971, c. 90, s. 19; 1971, c. 93, s. 13; 1977, c. 5, s. 14; 1982, c. 18, s. 85; 1999, c. 40, s. 68.

212.1. The expenses provided for in the supplementary budget shall be apportioned in accordance with section 220, with the necessary modifications. However, for the purposes of the apportionment, the data that was used to determine the basis of the apportionment of the expenditures provided for in the annual budget of the same fiscal year shall be used for each municipality.

1982, c. 18, s. 85; 1991, c. 32, s. 189; 1996, c. 67, s. 63.

213. The executive committee may transfer from one expenditure item to another of the same department the appropriations assigned in the budget, upon the recommendation of the director of such department, or, failing such recommendation, upon the approval of the Council after having obtained the written opinion of such director.

The executive committee may also transfer to an expenditure item, the appropriations made available to it by the Council. The executive committee must report to the Council on all the appropriations so transferred at the regular meeting following the transfer.

Any other transfer of appropriations shall require the approval of the Council. The latter shall only give such approval after having obtained the written notice of the head of the department concerned.

1969, c. 84, s. 251; 1972, c. 73, s. 8; 1974, c. 82, s. 24; 1982, c. 18, s. 86.

214. (Repealed).

1971, c. 93, s. 14; 1977, c. 71, s. 4; 1982, c. 18, s. 87.

215. No by-law or resolution of the Council or the executive committee or report of the executive committee authorizing or recommending an expenditure shall have effect before the filing of a certificate of the treasurer attesting that appropriations are available or will be available at the proper time for the purposes for which such expenditure is proposed.

If the executive committee authorizes the payment of a subsidy upon the recommendation of the arts council, the certificate shall be filed by the treasurer of the arts council.

1969, c. 84, s. 252; 1974, c. 82, s. 25; 1982, c. 18, s. 88; 1999, c. 90, s. 14.

216. The balance of an appropriation voted in a budget and not entirely used at the end of a fiscal period shall lapse unless it is reserved by the executive committee by allocation on or before the following 1 April to the available surplus.

1969, c. 84, s. 253; 1982, c. 18, s. 88; 1999, c. 90, s. 15.

217. During a fiscal year, the Community on report of the treasurer may appropriate to expenses for such fiscal year or for a subsequent fiscal year, as it determines, any estimated budget surplus for the current fiscal year or any budget surplus for the preceding fiscal year.

The appropriation of a surplus to expenditures for a fiscal year amends the budget for that fiscal year accordingly.

Any surplus not appropriated to a specific purpose or any deficit for a fiscal year shall be entered in the revenues or expenditures for the fiscal year following that in which the auditor made his report for the first mentioned fiscal year.

1969, c. 84, s. 254; 1971, c. 90, s. 20; 1982, c. 18, s. 88; 1999, c. 90, s. 16.

218. The treasurer shall be personally responsible for all moneys which he pays and which, to his knowledge, exceed the amount appropriated for such purpose.

The treasurer or any other officer designated for such purpose by the executive committee shall sign the cheques issued by the Community. The facsimile of his signature shall have the same effect as if the signature itself had been affixed thereto.

1969, c. 84, s. 255; 1971, c. 90, s. 21; 1995, c. 71, s. 47.

219. The payment of the expenses of the Community, including the payment of interest on and amortization of its loans, is guaranteed by its general fund.

1969, c. 84, s. 256; 1974, c. 82, s. 26; 1979, c. 72, s. 419; 1982, c. 18, s. 89.

220. The expenses of the Community, including those resulting from interest, accessories and amortization of its loans, shall be charged to the municipalities in its territory.

Except the expenses relating to a service governed by a special tariff or of those otherwise governed by this Act or by other Acts, those expenses shall be apportioned among the municipalities in proportion to their respective fiscal potentials, within the meaning of section 261.5 of the Act respecting municipal taxation (chapter F‐2.1).

However, the Community may, by by-law, provide that all or part of its expenditures are to be apportioned on the basis of a criterion other than that of non-adjusted fiscal potential.

1969, c. 84, s. 257; 1971, c. 90, s. 22; 1972, c. 73, s. 9; 1975, c. 87, s. 10; 1979, c. 72, s. 420; 1980, c. 34, s. 63; 1982, c. 18, s. 90; 1983, c. 57, s. 83; 1984, c. 27, s. 55; 1985, c. 31, s. 19; 1986, c. 37, s. 2; 1988, c. 76, s. 7; 1991, c. 29, s. 8; 1991, c. 32, s. 190; 1996, c. 67, s. 64; 1999, c. 90, s. 17.

220.1. The Council shall prescribe, by by-law, the terms and conditions for determining the aliquot shares of the expenses of the Community and payment thereof by the municipalities.

The by-law may, in particular, prescribe, for each situation set out in section 210 or 212,

(1)  the date on which the data used to establish provisionally or finally the basis of apportionment of the expenses of the Community are to be considered;

(2)  the time limit for determining each aliquot share and for informing each municipality of it;

(3)  the obligation of a municipality to pay its aliquot share in a single payment or its right to pay it in a certain number of instalments;

(4)  the time limit within which each instalment must be paid;

(5)  the rate of interest payable on an outstanding instalment;

(6)  the adjustments that may result from the deferred coming into force of all or part of the budget of the Community or from the successive use of provisional and final data in determining the basis of apportionment of the expenses of the Community.

Instead of fixing the rate of interest payable on an instalment which is outstanding, the by-law may provide that such rate shall be fixed by a resolution of the Council when the budget of the Community is adopted.

1991, c. 32, s. 191.

220.2. The Council may, in the by-law provided for in section 220.1, prescribe that the rate of interest that it fixes in the by-law or in the resolution provided for in the third paragraph of the said section apply to every amount payable to the Community which is or becomes exigible, or fix, by by-law, a specific rate of interest applicable to such an amount.

1991, c. 32, s. 191; 1993, c. 68, s. 55.

220.3. Contestation by a municipality of a sum claimed by the Community does not exempt the municipality from paying the amount while the contestation is pending.

The Community may cause a formal notice to be sent to a municipality in default of paying it an amount.

If there is no payment within 90 days from receipt of the formal notice, the Commission municipale du Québec may, at the request of the Community, file a petition to have the said municipality declared in default in accordance with Division VI of the Act respecting the Commission municipale (chapter C-35).

The Community shall act through its executive committee.

1991, c. 32, s. 191.

221. For the purposes of paying its share of the expenses of the Community, each municipality may impose a general or special tax based on the assessment of the taxable immovables in its territory, by following the procedure provided for that purpose in the Act governing it.

1969, c. 84, s. 258; 1982, c. 18, s. 91; 1985, c. 31, s. 20; 1993, c. 68, s. 56.

222. The municipalities mentioned in Schedule D are bound to repay to the Urban Community on the dates there provided the sums appearing in such Schedule opposite their respective names.

Such municipalities are authorized to borrow for the purposes of such repayments, up to the sums appearing in such Schedule opposite their respective names, plus the interest on temporary loans, the amount of the discount on the sale of the securities issued for contracting such loans and the expenses accessory to the loans.

Such loans shall be made by issue of bonds bearing interest at a rate not exceeding the maximum nominal rate permitted by the Government for municipal loans; they shall be made by by-law or resolution of the municipalities concerned, for a term corresponding to the remainder of the period provided for in the by-laws or resolutions mentioned in such Schedule and remaining to run.

A loan by-law or resolution adopted under this section requires no other approval than that of the Minister.

1972, c. 73, s. 33; 1977, c. 5, s. 14; 1984, c. 38, s. 107.

222.1. Subject to the regulation of the Government made under paragraph 8.2 of section 262 of the Act respecting municipal taxation (chapter F-2.1), the Community may, by by-law, provide that all or part of the property, services or activities of the Community shall be financed by means of a tariff involving a fixed amount, exigible 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.

Sections 244.3 to 244.6 and the first and third paragraphs of section 244.8 of the Act respecting municipal taxation apply, adapted as required, to the tariff referred to in the first paragraph.

The Community may, by by-law, delegate to the executive committee the power mentioned in the first paragraph. The executive committee shall exercise by order the power so delegated to it.

1993, c. 68, s. 57; 1994, c. 30, s. 97; 1995, c. 71, s. 48.

223. The Community shall, for the next three fiscal years, adopt a program of capital expenditures, of capital expenditures intended for the extension of the subway network in its territory and of capital expenditures relating to the tunnel, tracks, platforms and subway network equipment outside its territory.

The program shall be divided into annual phases. It shall describe, in respect of the period coincident therewith, the object, the amount and the mode of financing of the capital expenditures or expenses that the Community plans to make or to incur and for which the financing period exceeds 12 months. The program shall also mention the capital expenditures that the Community plans to make beyond the period contemplated therein, if those expenditures result from commitments made during that period.

Where the program includes capital expenditures relating to the subway network, the provisions pertaining thereto shall be transmitted to the Agence métropolitaine de transport.

Every loan by-law of the Community relating to expenditures for the subway network that is transmitted to the Minister of Municipal Affairs and Greater Montréal shall, in order to be approved, be accompanied with a writing of the Agence métropolitaine de transport certifying that the expenditures are in conformity with its decisions relating to the extension of the subway network.

To the extent that they are consistent with this section, the provisions applicable to the procedure prior to the adoption of the budget of the Community also apply, adapted as required, to the procedure prior to the adoption of the program of capital expenditures.

1977, c. 80, s. 9; 1982, c. 18, s. 92; 1985, c. 31, s. 21; 1988, c. 76, s. 8; 1994, c. 17, s. 34; 1990, c. 41, s. 86; 1995, c. 71, s. 49; 1995, c. 65, s. 103; 1996, c. 27, s. 128; 1996, c. 52, s. 31; 1999, c. 43, s. 13.

223.1. The Community may amend its program of capital expenditures. Section 223, adapted as required, applies to such an amendment, except that the program shall be transmitted within 30 days of its adoption.

1985, c. 31, s. 21; 1996, c. 27, s. 129.

224. The council may, by a by-law approved by the Minister, order a loan for a purpose within its competence or for the financing of the construction of the subway network and the acquisition of the rolling-stock needed to operate it. In no case may the term of such a loan exceed 50 years. The loan shall be made in accordance with section 227.

The by-law need only mention the total amount of the principal of the loan it orders, the purposes for which the proceeds of the loan are to be used and the maximum term for which it may be contracted.

1969, c. 84, s. 259; 1977, c. 5, s. 14; 1977, c. 80, s. 10; 1982, c. 18, s. 93; 1984, c. 38, s. 108; 1990, c. 41, s. 87.

224.1. Part of the loan, not exceeding 5 % of the amount of the expenditure authorized by the loan by-law in force, may be reserved for the repayment to the general fund of the Community of all or part of the sums expended, before the passage of the loan by-law, in connection with the object of the by-law.

That part of the loan must be specified in the by-law.

1995, c. 71, s. 50.

225. The Community may, by a by-law requiring the approval of the Minister, constitute a working fund the purpose, constitution and administration of which must be consistent with the following rules:

(1)  To constitute such working fund, the executive committee may authorize the treasurer of the Community to borrow through the issue and sale of treasury bills, notes or other securities the amounts which he deems necessary, provided the current nominal value of such treasury bills, notes or other securities does not at any time exceed $125 000 000.

(2)  Such treasury bills, notes or other securities may bear no nominal interest rate, shall be payable to bearer or to the holder registered according to their conditions, and shall mature no more than 365 days after the date of their issue. They may bear the mention that they are redeemable in advance, without any other formalities and conditions than those mentioned in them, and must indicate that they are issued for the purposes of the working fund of the Urban Community.

(3)  The sale of the treasury bills, notes or other securities shall be carried out by agreement or by tender. Sale by agreement shall be made on behalf of the Community by the treasurer with the approval of the executive committee.

In the case of sale by tender, the tenders shall not be subject to section 120.0.1, but they shall be addressed to the treasurer and opened by him in the presence of the chairman of the executive committee or, in the case provided for in section 36, in the presence of a vice-chairman of the committee, the director-general, or his deputy. The treasurer, on behalf of the Community, shall make the sale to the tenderer who submitted the tender which the treasurer deems to be the most advantageous to the Community. He shall not be bound to accept any tender.

(4)  A loan may be granted from such working fund

(a)  for a purpose for which the Community is authorized to borrow temporarily;

(a.1)  for the purposes of capital expenditures;

(b)  in anticipation of the collection of revenue of the Community or of a sum owing to it; or

(c)  for the purchase of pending securities of the Community that may meet the requirements of a sinking-fund, at a price not exceeding their par value.

The term of the loan may not exceed five years.

However, in the case of loans granted pending the payment of advances on loans to be granted by the Canada Mortgage and Housing Corporation, the loans granted out of such fund may be for a term of more than five years and apply until any such loan is granted to the Community by the Canada Mortgage and Housing Corporation.

(5)  Moneys out of the working fund may be invested in treasury bills or in other short-term bonds or securities provided for in paragraphs 2, 3 and 4 of article 1339 of the Civil Code. Such moneys may also be placed at short term in a chartered bank or other financial institution authorized to receive deposits.

(6)  The executive committee may authorize the treasurer of the Community to invest in such fund, for periods not to exceed 90 days, the available balance of the administrative budget fund or the temporarily unused balance of the proceeds from long term loans.

(7)  At the end of a fiscal year of the Community, any operating surplus of the working fund shall be transferred to the general fund of the Community, and any deficit shall be made good out of such fund if need be.

1971, c. 90, s. 23; 1972, c. 73, s. 10; 1974, c. 82, s. 27; 1975, c. 87, s. 11; 1977, c. 5, s. 14; S. C. 1978-79, c. 16, s. 12; 1982, c. 18, s. 94; 1984, c. 32, s. 43; 1984, c. 38, s. 109; 1993, c. 68, s. 58; 1999, c. 40, s. 68.

226. The executive committee may, by resolution, order temporary loans for the payment of current administration expenses and contract them on the conditions and for the term it determines.

The executive committee may also contract loans under the first paragraph for the payment of the expenses made under a loan by-law.

1969, c. 84, s. 260; 1977, c. 5, s. 14; 1982, c. 18, s. 95; 1984, c. 38, s. 110.

227. Where a loan has been ordered by by-law of the Council, the executive committee may effect it by issuing securities or by contract, up to the total amount of principal mentioned in the by-law.

The executive committee shall then determine

(1)  the interest rate on the loan or securities, or the manner of fixing such rate;

(2)  the time the loan is effected;

(3)  the contents of the securities or of the contracts; and

(4)  the conditions of issue of the securities.

The executive committee may then effect the loan for a term shorter than that authorized by by-law of the Council and determine the part of such loan which shall be renewable at maturity and the maximum term of such renewal.

Any loan for the purpose of such renewal may be effected within the twelve months preceding the date of maturity of the loan to be renewed, provided that the term prescribed by the executive committee for the renewal does not exceed the maximum term determined pursuant to this section.

The executive committee may designate a place outside Québec where a register shall be kept for the registration of securities and a person authorized to keep the register.

It may repay in advance a loan that may be so repaid.

It may prescribe rules on any matter relating to borrowings of the Community that the Council, by by-law, entrusts to it for regulation.

A resolution of the executive committee adopted under this section requires the approval of the Minister.

1969, c. 84, s. 261; 1974, c. 82, s. 28; 1977, c. 5, s. 14; 1982, c. 18, s. 96; 1984, c. 38, s. 111.

228. Sections 7 and 8 and Divisions V, VI, VIII to X and XII of the Act respecting municipal debts and loans (chapter D-7) apply to the Community. The treasurer or any other officer designated for that purpose by the executive committee shall fulfil the obligation mentioned in section 24 of the said Act.

The Minister may cause the certificate contemplated in section 12 of the said Act to be affixed to a security issued by the Community under a by-law in force. The validity of a security bearing such certificate is not contestable.

Division IX of the said Act does not apply to a security that is not subject to registration pursuant to the conditions of its issue.

A loan obtained by the Community or a security issued by it may be repaid or redeemed in advance, of its own accord, according to the terms of the contract or security. The date of advance repayment or redemption may be other than a date of payment of interest if the prior notice stipulated in the contract or security is given.

1969, c. 84, s. 262; 1971, c. 90, s. 24; 1972, c. 73, s. 11; 1977, c. 5, s. 14; 1982, c. 18, s. 97; 1984, c. 38, s. 112; 1988, c. 84, s. 705; 1995, c. 71, s. 51; 1996, c. 52, s. 32.

229. When a by-law authorizes the Community to borrow a certain amount either in the legal tender of Canada or in the currency of one or more foreign countries, the total amount of the loan thus authorized shall be that expressed in the legal tender of Canada.

The amount in Canadian dollars of a loan effected in another currency is obtained by multiplying the amount of the principal of the loan by the value of the unit of the other currency in relation to the Canadian dollar.

For the purposes of the computation contemplated in the second paragraph, the value of the unit of the other currency in relation to the Canadian dollar is as it stands

(1)  at the moment of the conversion into Canadian dollars of all or part of the proceeds of the loan paid to the Community; or,

(2)  at noon on the day on which all or part of the proceeds are paid to the Community, if it is not converted into Canadian dollars.

Where all or part of the proceeds of a loan are used to renew a loan already effected by the Community, for all or part of its unexpired term, the amount used for such renewal is not deducted from the balance of the amount of the loan authorized by by-law, whatever the value of the currency in which the loan is effected.

1974, c. 82, s. 29; 1982, c. 18, s. 98.

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

The commitments included in the securities issued by the Community and the contracts entered into by it constitute direct and general obligations of the Community and of the municipalities whose territories are included in that of the Community and rank concurrently and pari passu with all other general obligations of the Community and of the municipalities.

1969, c. 84, s. 263; 1971, c. 90, s. 25; 1974, c. 82, s. 30; 1982, c. 18, s. 99; 1996, c. 2, s. 546; 1999, c. 40, s. 68.

231. The Community and the municipalities whose territories are included in that of the Community are solidarily liable for any obligations contracted by the Community towards the holders of the securities issued by it or towards persons with whom it has debts arising from contracts.

1969, c. 84, s. 264; 1971, c. 90, s. 26; 1974, c. 82, s. 31; 1982, c. 18, s. 99; 1996, c. 2, s. 546.

231.1. Notwithstanding any inconsistent legislative provision, the second paragraph of section 228 does not apply to a security issued under section 225 or issued to effect a temporary loan.

1982, c. 18, s. 99.

231.2. Notwithstanding any inconsistent legislative provision, the securities of the Community may be issued in the following forms or as a combination thereof:

(1)  fully registered securities;

(2)  securities that may be registered only for the principal; or

(3)  securities payable to the bearer.

The executive committee may prescribe the mode of transfer or negotiation of the securities of the Community and the formalities to be fulfilled for that purpose. However, a bearer security is negotiable by mere delivery and is not subject to registration unless otherwise stipulated.

1982, c. 18, s. 99.

231.3. Where the Community effects a loan in a foreign country, it may elect domicile in that country or elsewhere, for the purposes of receiving a notice or proceeding respecting that loan.

In the same circumstances, the Community may order that the securities issued by it or the contracts entered into by it in a foreign country for the purposes of the loan be governed by the law of that country, provided that sections 224 to 232 are complied with.

1982, c. 18, s. 99.

231.4. The Community may invest the monies belonging to it by purchasing shares in a mutual fund provided for in the third paragraph of section 99 of the Cities and Towns Act (chapter C-19).

The Minister of Municipal Affairs and Greater Montréal may, by regulation, determine other securities in which the Community may invest the monies belonging to it through a mutual fund referred to in the first paragraph.

1996, c. 77, s. 41; 1999, c. 43, s. 13.

232. The bonds, notes and other securities of the Community shall be signed by the chairman or the vice-chairman of the executive committee and by the treasurer or, if the secretary is absent or unable to act, by the person designated for such purpose by the executive committee.

The facsimile of the signature of the chairman and the treasurer on the bonds may be engraved, lithographed or printed and shall have the same effect as if the signature itself had been affixed thereto.

The certificate of the Minister or of the authorized person, mentioned in section 12 of the Act respecting municipal debts and loans (chapter D-7), may be affixed to the bonds issued by the Community under the facsimile of the signature of the Minister or of the authorized person. However, the presumption of validity provided for in that section applies only if the bonds also bear the handwritten signature of the chairman, the treasurer or a financial officer who is a mandatary of the Community.

Although a person whose signature or a facsimile thereof has been affixed to a bond, a note, another security of the Community or a coupon in that person’s capacity as chairman or vice-chairman of the executive committee, treasurer of the Community or person designated for such purpose by the executive committee of the Community, has ceased to act in such capacity before the said bond, note, security or coupon is issued and delivered, such signature shall nevertheless be valid and shall bind the Community in the same manner as if such person had continued to act in such capacity on the date of the said issue and delivery and the signature or facsimile of the signature of the persons acting in such capacity on the date on which such signature or facsimile was affixed to a bond, note, coupon or other security of the Community shall bind it even though the said person was not acting in such capacity on the date of such bond, coupon, note or security.

1969, c. 84, s. 265; 1971, c. 90, s. 27; 1982, c. 18, s. 100; 1993, c. 68, s. 59; 1995, c. 71, s. 52.

233. At the end of the fiscal year, the treasurer shall draw up the financial report for the past fiscal year, and attest that it is accurate.

The financial report shall be drawn up on the forms furnished by the Minister, where such is the case. It shall include the financial statements and any other information required by the Minister.

1969, c. 84, s. 266; 1972, c. 73, s. 12; 1977, c. 5, s. 14; 1984, c. 38, s. 113.

233.1. The treasurer shall, at a meeting of the Council, file the financial report and the auditor’s report transmitted under section 234.3.

1984, c. 38, s. 113.

233.2. After the filing contemplated in section 233.1 and not later than 1 May, the secretary shall transmit the financial report and the auditor’s report to the Minister.

1984, c. 38, s. 113.

233.3. The secretary shall transmit to the Minister and to each municipality whose territory is included in that of the Community, before 1 May, a summary report of the activities of the Community during the preceding fiscal year.

He shall also transmit to each municipality whose territory is included in that of the Community a copy of the financial statements of the Community and of the auditor’s report for the preceding fiscal year.

1984, c. 38, s. 113; 1996, c. 2, s. 546.

233.4. The Council may call upon the treasurer, at any time during the year, to produce a detailed account of the revenues and expenditures of the Community.

1984, c. 38, s. 113.

234. During the period extending from 1 December to 1 May, the Council shall appoint an auditor for the fiscal year beginning during that period. The Council may provide that the appointment is also valid for the following fiscal year or for the two following fiscal years.

If the auditor appointed for a fiscal year is not the auditor in office for the preceding fiscal year, the secretary of the Community shall inform the Minister of Municipal Affairs and Greater Montréal of the name of the new auditor as soon as possible after his appointment.

1969, c. 84, s. 267; 1972, c. 73, s. 13; 1977, c. 5, s. 14; 1984, c. 38, s. 113; 1995, c. 71, s. 53; 1999, c. 43, s. 13.

234.1. If the office of the auditor becomes vacant before the expiry of his term, the Council shall fill the vacancy at the first meeting held after the vacancy occurred.

1984, c. 38, s. 113.

234.2. The auditor shall, for the fiscal year for which he was appointed, audit the financial statements and any other document the Minister determines by regulation published in the Gazette officielle du Québec.

He shall transmit a report of his audit to the Council. He shall state in his report, in particular, whether the financial statements faithfully represent the financial position of the Community on 31 December and the results of its transactions for the fiscal year ending on that date.

1984, c. 38, s. 113.

234.3. The auditor shall transmit his report to the treasurer not later than 31 March following the expiry of the fiscal year for which he was appointed.

1984, c. 38, s. 113.

234.4. The Council may require any other audit it considers necessary and require a report.

1984, c. 38, s. 113.

234.5. In no case may the following persons act as auditor of the Community:

(1)  a member of the Council;

(2)  an officer or an employee of the Community;

(3)  the associate of a person mentioned in paragraph 1 or 2;

(4)  a person who, during the fiscal year for which the audit is carried out, has, directly or indirectly, personally or through his associate, any participation, interest or commission in or under a contract with the Community or in relation to such a contract, or who derives any benefit from the contract, unless his connection with the contract arises from the practice of his profession.

1984, c. 38, s. 113.

234.6. The Minister may order, if he considers it necessary, the appointment of an auditor other than the auditor appointed under section 234 and require a report from him.

1984, c. 38, s. 113.

234.7. (Repealed).

1985, c. 31, s. 22; 1986, c. 64, s. 7.

TITLE II SOCIÉTÉ DE TRANSPORT

1985, c. 31, s. 23.

DIVISION I CONSTITUTION AND ORGANIZATION

1985, c. 31, s. 23; 1999, c. 40, s. 68.

§ 1 . — Constitution

1985, c. 31, s. 23; 1999, c. 40, s. 68.

235. A legal person in the public interest, consisting of the municipalities listed in Schedule B and of the inhabitants and taxpayers in their territory, is hereby constituted as a public transport authority under the name “Société de transport de la Communauté urbaine de Montréal”.

The territory of the Société consists of the territories of the municipalities listed in Schedule B.

1969, c. 84, s. 268; 1977, c. 5, s. 14; 1985, c. 31, s. 23; 1993, c. 68, s. 60.

236. The object of the Société is to operate a public transport undertaking to provide passenger transportation by any means of public transportation on the surface, underground or above the ground, in its territory and, where so provided in any legislative provision, outside its territory.

1969, c. 84, s. 269; 1978, c. 104, s. 2; 1983, c. 45, s. 41; 1985, c. 31, s. 23; 1993, c. 68, s. 61; 1999, c. 40, s. 68.

237. The Société shall have its head office in its territory, at the place it determines; it shall publish a notice of the location or of any change in the location of its head office in a newspaper circulated in its territory.

1969, c. 84, s. 270; 1985, c. 31, s. 23; 1993, c. 68, s. 62; 1999, c. 40, s. 68.

§ 2 . — Organization

1985, c. 31, s. 23.

238. The affairs of the Société shall be administered by its board of directors.

1969, c. 84, s. 271; 1972, c. 73, s. 14; 1982, c. 18, s. 101; 1985, c. 31, s. 23; 1999, c. 40, s. 68.

239. The board of directors shall consist of 9 members, including a chairman and vice-chairman.

1969, c. 84, s. 272; 1979, c. 72, s. 421; 1982, c. 18, s. 102; 1985, c. 31, s. 23.

240. The board of directors shall consist of:

(1)  three members designated by the Council from among its members representing Ville de Montréal;

(2)  three members designated by the Council from among its members representing the other municipalities situated in the territory of the Société;

(3)  two members chosen by the Council from among the citizens who reside in the territory of the Société, one on the proposal of a member of the Council representing Ville de Montréal and the other on the proposal of a member of the Council representing the other municipalities situated in the territory of the Société;

(4)  the chairman of the executive committee.

1969, c. 84, s. 273; 1982, c. 18, s. 103; 1985, c. 31, s. 23; 1996, c. 2, s. 545; 1999, c. 40, s. 68.

241. The term of office of a member of the board of directors contemplated in paragraph 1 or 2 of section 240 shall be that fixed by the Council and may be renewed.

However, the term of office of a member of the board chosen from among the citizens is two years. His term of office is renewable but once.

Sections 12.1 to 12.11, adapted as required, apply to a member of the board chosen from among the citizens.

1969, c. 84, s. 274; 1974, c. 82, s. 32; 1982, c. 18, s. 104; 1985, c. 31, s. 23; 1988, c. 30, s. 37; 1990, c. 15, s. 7.

241.1. (Replaced).

1982, c. 18, s. 104; 1985, c. 31, s. 23.

241.2. (Replaced).

1982, c. 18, s. 104; 1985, c. 31, s. 23.

241.3. (Replaced).

1982, c. 18, s. 104; 1985, c. 31, s. 23.

241.4. (Replaced).

1982, c. 18, s. 104; 1985, c. 31, s. 23.

241.5. (Replaced).

1982, c. 18, s. 104; 1985, c. 31, s. 23.

242. The board of directors shall appoint the chairman and vice-chairman from among the members contemplated in paragraphs 1, 2 and 4 of section 240.

1969, c. 84, s. 275; 1982, c. 18, s. 105; 1985, c. 31, s. 23.

243. The term of office of the chairman and that of the vice-chairman shall be that fixed by the board of directors and may be renewed.

1969, c. 84, s. 276; 1982, c. 18, s. 106; 1985, c. 31, s. 23; 1990, c. 15, s. 8.

244. Each member of the board of directors shall remain in office at the expiry of his term as a member of the board until he is replaced or reappointed.

1969, c. 84, s. 277; 1985, c. 31, s. 23.

245. A member of the board of directors shall cease to be a member when he ceases to be a member of the Council. A vacancy occurs in the office of a member when he ceases to be a member of the board of directors. For the purposes of this paragraph, a person shall cease to be a member of the Council at the expiry of his term as member of the council of a municipality even if his new term begins immediately thereafter.

A member of the board of directors other than the chairman of the executive committee shall also cease to be a member if he fails to attend the meetings of the board for ninety consecutive days from the last meeting he attended. If a member attends no meeting whatever from the time he becomes a member of the board, the ninety-day period shall run from the first meeting he could have legally attended. His term of office shall terminate at the close of the next meeting held after the ninety-day period, unless, at that sitting, the other members of the board are of the opinion that it was impossible in fact for him to attend the meetings of the board.

If the member attends no meeting of the board of directors called within 30 days after the meeting contemplated in the second paragraph, a vacancy occurs on the thirtieth day; the secretary of the Société shall notify the Council immediately.

1969, c. 84, s. 278; 1979, c. 37, s. 43; 1985, c. 31, s. 23; 1990, c. 15, s. 9; 1999, c. 40, s. 68.

246. The chairman of the board of directors shall remain in office, notwithstanding the vacancy in his office, until his successor is appointed.

1969, c. 84, s. 279; 1982, c. 2, s. 111; 1985, c. 31, s. 23.

247. The resignation of a member of the board of directors entails a vacancy in the office of that member.

The resignation becomes effective from the day on which the secretary of the Société receives a notice to that effect signed by the resigning member. The secretary shall immediately notify the Council.

The chairman and vice-chairman may resign their offices of chairman and vice-chairman in the manner prescribed in the second paragraph. The secretary shall notify the board of directors thereof without delay.

1969, c. 84, s. 280; 1985, c. 31, s. 23; 1999, c. 40, s. 68.

248. Except in the case of resignation, every member of the board of directors shall remain in office, notwithstanding the vacancy in his office, until his successor is appointed.

1969, c. 84, s. 281; 1982, c. 2, s. 112; 1985, c. 31, s. 23.

249. Any vacancy in the office of a member of the board of directors shall be filled by the Council within sixty days from the day on which the vacancy became effective.

Any vacancy in the office of the chairman or vice-chairman of the board shall be filled by the Council within sixty days of the day on which the vacancy became effective.

1969, c. 84, s. 282; 1972, c. 73, s. 15; 1974, c. 82, s. 33; 1982, c. 2, s. 113; 1982, c. 18, s. 107; 1985, c. 31, s. 23.

250. If the chairman is absent or is unable or refuses to act or if a vacancy occurs in the office of the chairman where the chairman is unable or refuses to continue to perform his duties until his successor is appointed, the vice-chairman of the board of directors shall replace the chairman.

If the vice-chairman, where he is replacing the chairman, is absent or is unable or refuses to act or in the case of a vacancy in the office of vice-chairman, the members present at a meeting of the board of directors shall designate from among themselves a member to preside at the meeting. The secretary shall preside at the meeting for the purposes of the designation.

1969, c. 84, s. 283; 1985, c. 31, s. 23.

251. The chairman of the board of directors shall preside at the meetings of the board and see that good order is maintained.

1969, c. 84, s. 284; 1985, c. 31, s. 23.

252. Five members of the board of directors, including two representatives of Ville de Montréal and two representatives of the other municipalities situated in the territory of the Société, constitute a quorum.

1969, c. 84, s. 285; 1985, c. 31, s. 23; 1996, c. 2, s. 545; 1999, c. 40, s. 68.

253. Each member of the board of directors is entitled to one vote.

1969, c. 84, s. 286; 1971, c. 90, s. 28; 1971, c. 99, s. 25; 1972, c. 55, s. 173; 1974, c. 82, s. 34; 1977, c. 5, s. 14; 1978, c. 7, s. 102; 1978, c. 104, s. 3; 1982, c. 18, s. 108; 1983, c. 45, s. 42; 1983, c. 57, s. 84; 1984, c. 23, s. 14; 1984, c. 42, s. 137; 1985, c. 31, s. 23.

253.1. (Replaced).

1983, c. 46, s. 103; 1985, c. 31, s. 23.

253.2. (Replaced).

1984, c. 47, s. 33; 1985, c. 31, s. 23.

254. Subject to section 281, decisions of the board of directors are made by a majority of the votes cast.

1974, c. 82, s. 35; 1982, c. 18, s. 109; 1985, c. 31, s. 23.

255. Each member of the board of directors present at a meeting must vote unless he is prevented from voting by reason of his interest in the matter concerned under this Act or the Act respecting elections and referendums in municipalities (chapter E‐2.2).

Where a member chosen from among citizens has a direct or indirect interest in an undertaking causing his personal interest to conflict with that of the Société, he shall disclose it to the board of directors and abstain from taking part in the discussions and from voting on any matter relating to the undertaking in which he has an interest.

1977, c. 80, s. 11; 1982, c. 18, s. 109; 1984, c. 32, s. 44; 1985, c. 31, s. 23; 1987, c. 57, s. 783; 1999, c. 40, s. 68.

256. The board of directors may hold its meetings anywhere in the territory of the Société. The meetings of the board are public.

1978, c. 104, s. 4; 1983, c. 45, s. 43; 1985, c. 31, s. 23; 1999, c. 40, s. 68.

257. The board of directors shall hold a regular meeting at least once every month. The board shall, at its first meeting of the year, adopt the schedule of the meetings for the whole year.

1978, c. 104, s. 23; 1979, c. 72, s. 431; 1983, c. 45, s. 43; 1985, c. 31, s. 23; 1996, c. 52, s. 35.

258. The board of directors shall hold a special meeting at the written request of the chairman, of two members or of the director general of the Société addressed to the secretary of the Société.

1969, c. 84, s. 287; 1972, c. 73, s. 16; 1973, c. 38, s. 140; 1978, c. 104, s. 5; 1980, c. 20, s. 16; 1982, c. 18, s. 110; 1983, c. 45, s. 44; 1984, c. 38, s. 114; 1985, c. 31, s. 23; 1993, c. 68, s. 64; 1999, c. 40, s. 68.

259. The board of directors shall put on the agenda of the first regular meeting held after the receipt by the secretary of the Société of a written request signed by 250 or more residents of the territory of the Société, the matter that is the subject of the request. The request shall be delivered to the secretary not later than ten days before the meeting is held.

At the meeting, any resident who signed the request may address the members of the board of directors orally on the matter, in accordance with the procedure and during the period determined under the by-law passed in that respect by the board of directors.

1969, c. 84, s. 288; 1985, c. 31, s. 23; 1999, c. 40, s. 68.

260. The meetings of the board of directors shall be called by the secretary of the Société.

In the case of a regular meeting, a copy of the agenda shall be sent by the secretary of the Société to each member of the board of directors not later than three days before the holding of the meeting.

In the case of a special meeting, a copy of the notice setting out the matters to be debated shall be sent by the secretary of the Société to each member of the board of directors not later than 36 hours or, in exceptional circumstances, 24 hours before the time fixed for the holding of the meeting. The notice may also be sent by facsimile transmission, within the prescribed time, to each member of the board of directors.

Every member present at a meeting of the board of directors may waive the calling notice.

1969, c. 84, s. 289; 1985, c. 31, s. 23; 1993, c. 68, s. 66; 1996, c. 52, s. 36; 1999, c. 40, s. 68.

261. The board of directors shall schedule a question period at each meeting; the persons present may put oral questions to the members of the board.

The question period shall not exceed one hour unless the board of directors decides otherwise.

1969, c. 84, s. 290; 1972, c. 55, s. 173; 1973, c. 39, s. 5; 1985, c. 31, s. 23.

262. The board of directors may make by-laws for its internal management and that of the Société.

1969, c. 84, s. 291; 1985, c. 31, s. 23; 1999, c. 40, s. 68.

262.1. Copies of documents of the Société certified true by the person in charge of access to documents of the Société are authentic.

1987, c. 68, s. 63; 1999, c. 40, s. 68.

263. The minutes of the meetings of the board of directors shall be kept in a register by the secretary of the Société. They shall be signed by the chairman of the board of directors and by the secretary. The minutes are authentic.

The minutes of a meeting shall be read at the next regular meeting unless a copy thereof was given to each member of the board of directors at the latest when the latter meeting was called. The minutes shall be ratified at the latter meeting by the board of directors.

1969, c. 84, s. 292; 1985, c. 31, s. 23; 1999, c. 40, s. 68.

264. The Council shall fix, by by-law, the remuneration and expense allowances of the members of the board of directors and the attendance fees of the members of the board of directors who are chosen from among the citizens. It may also, in the by-law, fix additional remuneration and expense allowances for the chairman and the vice-chairman. The remuneration, allowances and fees are paid out of the revenues of the Société.

The by-law may be retroactive to 1 January preceding its coming into force.

1969, c. 84, s. 293; 1985, c. 31, s. 23; 1999, c. 40, s. 68.

264.1. The Council may, by the by-law adopted under section 264, prescribe the conditions under which the failure of a member of the board of directors to attend a meeting or to fulfill his obligation to vote at a meeting entails a reduction in his remuneration or expense allowance, and prescribe the rules for computing the reduction.

1995, c. 71, s. 54.

265. The board of directors shall give prior authorization to any expense incurred by a member of the board on behalf of the Société.

On the presentation of a statement of account accompanied with the vouchers required by the board of directors, the board shall authorize the reimbursement of the expenses.

1969, c. 84, s. 294; 1971, c. 90, s. 29; 1978, c. 104, s. 6; 1983, c. 45, s. 45; 1985, c. 31, s. 23; 1999, c. 40, s. 68.

266. The board of directors may establish a tariff applicable where expenses are incurred by any of its members on behalf of the Société.

On the presentation of a statement of account accompanied with the vouchers required by the board of directors, the board shall authorize the reimbursement of the amount provided for in the tariff in respect of an expense contemplated in the first paragraph.

1969, c. 84, s. 295; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1978, c. 104, s. 7; 1983, c. 45, s. 46; 1985, c. 31, s. 23; 1999, c. 40, s. 68.

267. The budget of the Société may provide sufficient appropriations for the reimbursement of a class of expenses which the members of the board of directors may incur on behalf of the Société during the fiscal year, whether such expenses are actually incurred or provided for in the tariff contemplated in section 266.

The board of directors is not required to give prior authorization for an expense included in such a class, if it does not exceed the balance of the appropriations, after subtracting the sums already used or set aside to reimburse previous expenses.

If all the appropriations for a fiscal year have been used, the board of directors may appropriate, for the purposes provided in this section, all or part of the balance of the sums provided for in the budget to cover unforeseen administrative and operating expenses.

1969, c. 84, s. 296; 1978, c. 104, s. 8; 1982, c. 18, s. 111; 1983, c. 45, s. 47; 1985, c. 31, s. 23; 1999, c. 40, s. 68.

267.1. Sections 265 to 267 apply in respect of acts performed or expenses incurred while the member of the board of directors is representing the Société otherwise than in the course of the work of bodies of which he is a member within the Société or another municipal body, or while he is participating in any convention, seminar or other event held for the purpose of providing information or training relevant to the performance of his duties.

Those sections also apply in respect of acts performed or expenses incurred, for the purposes of meals, at a meeting of the board of directors or another authority of the Société or another municipal body, or at any other meeting held in connection with such a meeting, to the extent that no member of the board of directors or of the authority concerned was excluded from the meeting for any cause other than the member’s disqualification.

1996, c. 27, s. 130; 1997, c. 93, s. 103; 1999, c. 40, s. 68.

§ 3 . — Committees of the board of directors

1985, c. 31, s. 23.

268. The board of directors may set up committees to study specific questions and require them to report their findings and recommendations to it at the time it indicates.

Each committee shall consist of not less than three nor more than seven members. It may consist wholly or in part of members of the board of directors.

The chairman of each committee shall be chosen from among the members of the board of directors.

1969, c. 84, s. 297; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1982, c. 18, s. 112; 1983, c. 45, s. 48; 1985, c. 31, s. 23.

269. Any sitting of a committee may be public.

1969, c. 84, s. 298; 1972, c. 55, s. 133, s. 173; 1977, c. 5, s. 14; 1981, c. 8, s. 35; 1985, c. 31, s. 23.

270. The secretary of the Société shall publish a notice of the holding of each public sitting of a committee in a newspaper circulating in the territory of the Société at least two days before the holding of the sitting.

1969, c. 84, s. 299; 1985, c. 31, s. 23; 1999, c. 40, s. 68.

271. The board of directors may pass a by-law respecting the internal management of a committee.

The board of directors shall also fix, by by-law, the attendance allowance of the members of a committee who are not members of the board of directors. Sections 265 to 267 apply, adapted as required.

1969, c. 84, s. 300; 1985, c. 31, s. 23.

§ 4 . — Director general of the Société and other officers

1985, c. 31, s. 23; 1993, c. 68, s. 68.

272. The Council shall appoint a director general of the Société, on the recommendation of the board of directors, for a term that may in no case exceed five years. His term may be renewed.

1969, c. 84, s. 301; 1985, c. 31, s. 23; 1993, c. 68, s. 69.

273. The board of directors shall fix the remuneration, social benefits and other conditions of employment of the director general of the Société, which shall be paid for by the Société out of its revenues.

1969, c. 84, s. 302; 1982, c. 18, s. 113; 1985, c. 31, s. 23; 1993, c. 68, s. 70; 1999, c. 40, s. 68.

274. Unless expressly authorized by the board of directors, the director general of the Société shall discharge the duties of his office on a full-time basis and have no other remunerated employment or occupation.

1969, c. 84, s. 303; 1971, c. 90, s. 30; 1985, c. 31, s. 23; 1993, c. 68, s. 71.

275. The office of director general of the Société is incompatible with that of member of the board of directors, of the Council or of the council of a municipality situated in the territory of the Société and with that of officer or employee of the Community or of any municipality situated in the territory of the Société.

1969, c. 84, s. 304; 1979, c. 72, s. 422; 1982, c. 18, s. 114; 1985, c. 31, s. 23; 1993, c. 68, s. 72; 1999, c. 40, s. 68.

276. The director general of the Société, under the authority of the board of directors and within the scope of the orientations established by it, shall be responsible for the administration and direction of the Société.

He shall, in particular, have the following duties:

(1)  to direct the work of the directors general, the heads of departments and the other persons who perform similar duties and who report to him, hire and direct the work of the other members of the administrative staff and the employees of the Société, and exercise in their respect a right of supervision and control;

(2)  to ensure liaison between the board of directors and its committees, and the persons contemplated in paragraph 1;

(3)  to see that the decisions of the board of directors are complied with and carried out;

(4)  to perform any other duty entrusted to him by the board of directors.

1969, c. 84, s. 305; 1985, c. 31, s. 23; 1993, c. 68, s. 73; 1999, c. 40, s. 68.

277. The director general of the Société shall attend the meetings of the board of directors; at such meetings he has the right to speak but he is not entitled to vote.

1969, c. 84, s. 306; 1971, c. 90, s. 31; 1979, c. 72, s. 423; 1985, c. 31, s. 23; 1993, c. 68, s. 74.

278. If the director general of the Société is absent or if he is unable or refuses to act, or if a vacancy occurs in the office of the director general of the Société, the board of directors shall appoint a person to perform the duties of the director general of the Société.

If the director general of the Société is temporarily absent, he may delegate his powers in writing, for a period of not over one month, to a person designated by him. The delegation may be general or limited to the objects determined by the director general of the Société.

1969, c. 84, s. 307; 1971, c. 90, s. 32; 1974, c. 82, s. 36; 1979, c. 72, s. 424; 1980, c. 34, s. 64; 1985, c. 31, s. 23; 1993, c. 68, s. 75.

279. Any vacancy in the office of the director general of the Société shall be filled without delay by the Council.

1969, c. 84, s. 308; 1971, c. 90, s. 32; 1974, c. 82, s. 37; 1975, c. 87, s. 12; 1979, c. 72, s. 425; 1980, c. 34, s. 65; 1982, c. 18, s. 115; 1983, c. 57, s. 85; 1984, c. 27, s. 56; 1985, c. 31, s. 23; 1993, c. 68, s. 76.

280. The secretary, the assistant-secretary, and the treasurer, the assistant-treasurer and every other officer that the Société may decide to appoint are officers of the Société.

The officers contemplated in the first paragraph shall perform the duties required of them by this Act and those that may be required of them by the by-laws and resolutions of the Société.

The board of directors shall appoint the secretary and the assistant-secretary. They may in no case be members of the board of directors.

The secretary shall have custody of the books, registers, plans, maps, records and other documents of the Société or filed or kept by the Société. Every document of the Société and every copy certified by the secretary are authentic.

The secretary shall attend all the meetings of the board of directors and draw up the minutes of those meetings.

The assistant-secretary may perform the duties attaching to the office of secretary with the same rights, powers and privileges.

The board of directors shall also, on the recommendation of the director general of the Société, appoint the treasurer and the assistant-treasurer who shall, in particular, have the same powers, privileges and duties, adapted as required, as those provided for in the Cities and Towns Act (chapter C‐19) in respect of a treasurer and assistant-treasurer.

In respect of the officers of the Société, the director general of the Société shall exercise his authority as a manager of the human, material and financial resources of the Société and in no case may his authority result in hindering the officers in the performance of their duties.

1969, c. 84, s. 310; 1971, c. 90, s. 33; 1972, c. 73, s. 17; 1977, c. 5, s. 14; 1977, c. 80, s. 12; 1982, c. 18, s. 117; 1984, c. 38, s. 115; 1985, c. 31, s. 23; 1993, c. 68, s. 77; 1999, c. 40, s. 68.

281. Two-thirds of the votes cast at a meeting of the board of directors are required to enable the board to dismiss or suspend without salary the secretary, the assistant secretary, a director general, the head of a department or any other person who performs similar duties and who is under the supervision of the director general of the Société, if he has been in office for six months or more. The same rule applies in the case of a reduction of salary. Except in the case of the secretary or assistant-secretary, the dismissal, suspension without salary or the reduction of salary may be decided only upon the recommendation of the director general of the Société.

The decision of the board of directors shall be served or sent by registered or certified mail to the person contemplated in the first paragraph.

Every person dismissed or suspended without salary or whose salary has been reduced under this section may appeal from the decision before the Commission municipale du Québec, which, after an inquiry, shall decide in last instance. The appeal shall be brought within 15 days after the decision of the board of directors is served.

If the appeal is maintained, the Commission municipale du Québec may also order the Société to pay the appellant the amount it determines as compensation for expenses incurred by him for the appeal; the order for that purpose shall be homologated by the Court of Québec or the Superior Court on a motion by the appellant, according to their respective jurisdictions; the appellant may then enforce the judgment against the Société.

1972, c. 73, s. 17; 1977, c. 5, s. 14; 1982, c. 18, s. 117; 1984, c. 38, s. 115; 1985, c. 31, s. 23; 1988, c. 21, s. 66; 1993, c. 68, s. 78; 1999, c. 40, s. 68.

§ 5 . —

Repealed, 1993, c. 68, s. 79.

1985, c. 31, s. 23; 1993, c. 68, s. 79.

282. (Repealed).

1972, c. 73, s. 17; 1974, c. 82, s. 38; 1977, c. 5, s. 14; 1982, c. 18, s. 118; 1984, c. 38, s. 116; 1985, c. 31, s. 23; 1993, c. 68, s. 79.

283. (Repealed).

1972, c. 73, s. 17; 1977, c. 5, s. 14; 1982, c. 18, s. 119; 1984, c. 38, s. 117; 1985, c. 27, s. 77; 1985, c. 31, s. 23; 1993, c. 68, s. 79.

284. (Repealed).

1972, c. 73, s. 17; 1974, c. 82, s. 39; 1977, c. 5, s. 14; 1982, c. 18, s. 119; 1985, c. 31, s. 23; 1993, c. 68, s. 79.

DIVISION II DUTIES AND POWERS

1985, c. 31, s. 23.

285. The board of directors shall exercise the duties and powers of the Société, except where the Act provides otherwise.

1972, c. 73, s. 17; 1974, c. 82, s. 40; 1982, c. 18, s. 119; 1985, c. 31, s. 23; 1999, c. 40, s. 68.

286. The Société shall devise development policies concerning the public transport services and coordinate the development of the public transport network in its territory.

1974, c. 82, s. 41; 1982, c. 18, s. 120; 1985, c. 31, s. 23; 1999, c. 40, s. 68.

286.1. (Replaced).

1982, c. 18, s. 121; 1985, c. 31, s. 23.

286.2. (Replaced).

1982, c. 18, s. 121; 1985, c. 31, s. 23.

286.3. (Replaced).

1982, c. 18, s. 121; 1985, c. 31, s. 23.

287. The Société shall organize, possess, develop and administer a public transport undertaking in its territory. The Société may also, with the authorization of the Agence métropolitaine de transport, provide links to points outside its territory.

1969, c. 84, s. 311; 1972, c. 73, s. 18; 1985, c. 31, s. 23; 1995, c. 65, s. 104; 1999, c. 40, s. 68.

287.1. The Société may operate, in and outside its territory, a subway, on the surface, underground or above the ground.

1990, c. 41, s. 88; 1995, c. 65, s. 105; 1999, c. 40, s. 68.

288. The Société may organize, possess, develop and administer a public transport service between a point situated in its territory and the international airport situated at Mirabel.

1969, c. 84, s. 312; 1972, c. 55, s. 134; 1977, c. 5, s. 14; 1982, c. 18, s. 122; 1984, c. 38, s. 118; 1985, c. 31, s. 23; 1999, c. 40, s. 68.

289. The Société may make a contract with a municipality whose territory is not included in its territory or an intermunicipal board of transport contemplated in the Act respecting intermunicipal boards of transport in the area of Montréal (chapter C‐60.1) to supply that municipality, regional municipality or board with a public transport service.

Where such a contract provides links to points outside the territory of the board or of the municipality, the contract must be approved by the Agence métropolitaine de transport.

1969, c. 84, s. 313; 1972, c. 55, s. 135, s. 173; 1977, c. 5, s. 14; 1978, c. 104, s. 10; 1979, c. 72, s. 427; 1981, c. 26, s. 18; 1983, c. 45, s. 49; 1985, c. 31, s. 23; 1989, c. 20, s. 1; 1995, c. 65, s. 106; 1996, c. 2, s. 528; 1999, c. 40, s. 68.

289.1. (Replaced).

1983, c. 45, s. 50; 1985, c. 31, s. 23.

290. The Société may make a contract for student transportation within the scope of the Education Act (chapter I‐13.3), the Act respecting private education (chapter E‐9.1) or the General and Vocational Colleges Act (chapter C‐29). It may also make such a contract with an institution whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M‐25.1.1).

The Société is empowered to carry out, outside its territory, a contract entered into with a school board provided that the territory of the school board coincides with the territory of the Société, of a municipality or of an intermunicipal board of transport served by the Société pursuant to a contract.

1969, c. 84, s. 314; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1981, c. 26, s. 19; 1985, c. 31, s. 23; 1988, c. 84, s. 564; 1989, c. 17, s. 5; 1992, c. 68, s. 156; 1994, c. 15, s. 33; 1996, c. 21, s. 70; 1999, c. 40, s. 68.

291. The Société may provide a special transportation service for handicapped persons who are unable to use its public transport service. The special service may provide links to points outside the territory of the Société.

For that purpose the Société may

(1)  directly possess, organize, develop and administer such a service;

(2)  make, with any undertaking providing transportation by bus or transportation by taxi or any non-profit organization, a contract to ensure, in whole or in part, operation of such a service.

(3)  (subparagraph replaced).

The Société may also make, with a municipality whose territory is not situated in its territory, an intermunicipal management board or an intermunicipal board of transport, a contract to provide, in the territory of such a municipality or board, a special transportation service for handicapped persons and to provide links with points situated outside that territory.

1969, c. 84, s. 315; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1985, c. 31, s. 23; 1988, c. 25, s. 37; 1996, c. 2, s. 529.

291.1. The Société may make a contract with a public transit permit holder, a school bus carrier or the Agence métropolitaine de transport for the supply of certain public transport services.

1985, c. 31, s. 23; 1989, c. 20, s. 2; 1995, c. 65, s. 107; 1999, c. 40, s. 68.

291.2. (Repealed).

1985, c. 31, s. 23; 1990, c. 41, s. 89.

291.3. The Société may, with a view to organizing shared transportation by taxi, make a contract for the supply of certain public transportation services.

1985, c. 31, s. 23; 1999, c. 40, s. 68.

291.4. The Société may provide charter transportation in its territory and from its territory to an outside point.

1985, c. 31, s. 23; 1986, c. 64, s. 8; 1999, c. 40, s. 68.

291.5. The Société may operate, inside its territory and from its territory to outside points, any sightseeing service or shuttle service.

1985, c. 31, s. 23; 1986, c. 64, s. 9; 1999, c. 40, s. 68.

291.6. The Société shall submit to the Commission des transports du Québec, before they come into force, the fares to be charged in operating a sightseeing service.

1985, c. 31, s. 23; 1988, c. 25, s. 38; 1999, c. 40, s. 68.

291.7. The Société may operate, outside its territory, any sightseeing service or shuttle service for which it has come to hold a permit through the acquisition of a public transport undertaking.

1985, c. 31, s. 23; 1986, c. 64, s. 10; 1999, c. 40, s. 68.

291.8. The Société may make, with the Agence métropolitaine de transport, any other public transport body, any holder of a public transport permit, any transport undertaking for passengers, any undertaking engaged in related or similar activities, any intermunicipal board of transport or any municipality whose territory is not included in its territory, any agreement it considers expedient to improve the service provided to users.

The agreement requires the approval of the Minister of Transport, except where it pertains to the Agence métropolitaine de transport.

1985, c. 31, s. 23; 1995, c. 65, s. 108; 1996, c. 2, s. 530; 1999, c. 40, s. 68.

291.9. The Société may perform any other activity accessory or related to a public transport undertaking and may, in particular,

(1)  acquire, possess and operate businesses in or on its immovables;

(2)  lease space in or on its immovables for the businesses it determines;

(3)  lease advertising space in or on its immovables and vehicles;

(4)  alienate, without any permission or special formality, any property the value of which is not over $10 000;

(5)  perform the work it considers necessary for the better operation of its services, and build, possess and operate grounds or garages for parking, boarding platforms and bus-stop shelters, perform any work it considers necessary or useful for the efficient operation of its services;

(6)  with the approval of the Minister of Transport and without any other permission or special formality, alienate all or part of a public transport undertaking situated outside its territory that it has acquired and the permits related thereto;

(7)  take the measures it considers appropriate to promote the setting up and operation of public transport services not operated by it and provide support services to the users of such transport services and to those who organize them.

1985, c. 31, s. 23; 1999, c. 40, s. 68.

291.10. The Société shall publish every month, in a newspaper circulated in its territory, a notice describing each property of a value greater than $10 000 that was alienated by the Société during the preceding month otherwise than by auction or by public tenders. The notice shall mention the price of alienation and the identity of the purchaser, and the Société must send a copy thereof to the Minister of Transport.

1985, c. 31, s. 23; 1995, c. 71, s. 55; 1999, c. 40, s. 68.

291.11. In no case may the Société alienate, except with the authorization of the Minister of Transport, any property of a value of $25 000 or over and for which it was granted a specific subsidy.

Subject to section 291.10, the Société shall notify the Minister of Transport of the alienation of any other property for which it was granted a specific subsidy, within fifteen days of the alienation.

1985, c. 31, s. 23; 1999, c. 40, s. 68.

291.12. The Société may entrust to any other public body providing public transport the mandate to acquire equipment for the Société.

The Société, where it intends to acquire equipment for itself, may accept such a mandate from another public body providing public transport. The Minister of Transport may authorize the Société to make the joint purchase of equipment without a call for tenders.

1985, c. 31, s. 23; 1999, c. 40, s. 68.

291.13. The Société shall also

(1)  prepare its staffing requirements;

(2)  determine the wage policy, the social benefits and the other conditions of employment applicable to the directors general, heads of departments and persons who perform similar duties and report to the director general of the Société, and to the other officers and employees of the Société;

(3)  hire, on the recommendation of the director general of the Société, the directors general, the heads of departments and the persons who perform similar duties and report to the director general of the Société;

(4)  adopt a master plan for the middle term and the long term;

(5)  subject to section 291.14, establish a tariff of passenger fares according to the classes it determines;

(6)  establish and maintain or assist in establishing or maintaining a relief fund, a retirement fund or a pension fund for the benefit of the directors general, the heads of departments and the persons who perform similar duties and report to the director general of the Société, and the employees of the Société and their spouses and dependents and, for that purpose, effect, in their respect, payment of the premiums, subject to the Supplemental Pension Plans Act (chapter R‐15.1).

1985, c. 31, s. 23; 1989, c. 38, s. 319; 1993, c. 68, s. 80; 1999, c. 40, s. 68.

291.14. The tariffs contemplated in paragraph 5 of section 291.13 and applicable in the territory of the Société and the tariff relating to the public transport service contemplated in section 288 shall be approved by the Council.

The secretary of the Société shall transmit without delay to the Council and to the municipalities whose territories are served by the Société a copy of the decision of the Société rendered pursuant to paragraph 5 of section 291.13.

The secretary of the Société shall cause a copy of the decision to be published in a newspaper circulating in the territory of the Société and posted up in the vehicles used by the Société to provide its public transport service.

The Council shall approve the tariff on or after the thirtieth day following the publication of the decision in the newspaper. The tariffs shall come into force on the day of their approval or on any later date fixed by the Council.

1985, c. 31, s. 23; 1996, c. 2, s. 531; 1999, c. 40, s. 68.

The Minister of Municipal Affairs and Greater Montréal exercises the functions of the Minister of Transport as regards the administration of this section. Order in Council 1282-2001 dated 31 October 2001, (2001) 133 G.O. 2 (French), 7783.

291.15. The tariffs not contemplated in section 291.14 shall be published by the secretary of the Société in a newspaper circulating in the territory of the Société and posted up in the vehicles used by the Société to provide its public transport service.

The tariffs shall come into force on the thirtieth day following their publication in the newspaper or on any later date fixed therein.

1985, c. 31, s. 23; 1999, c. 40, s. 68.

291.16. The Société may cause the studies it considers necessary for the exercise of its powers to be made in respect of its territory or another territory.

1985, c. 31, s. 23; 1999, c. 40, s. 68.

291.17. The Société may make by-laws respecting

(1)  the conduct of persons in or on its vehicles and immovables;

(2)  the tickets, transfers and passes used in respect of a public transport service organized by the Société;

(3)  the use of shop windows and show cases of establishments which have leased commercial space from the Société;

(4)  the alienation of any article lost and found in or on its immovables or vehicles.

The by-laws shall be published by the secretary of the Société in a newspaper circulated in the territory served by the Société.

The by-laws shall come into force on the fifteenth day after their publication in the newspaper or on any later date fixed therein. They shall apply to that part of the subway network operated by the Société outside its territory.

1985, c. 31, s. 23; 1990, c. 41, s. 90; 1995, c. 65, s. 109; 1999, c. 40, s. 68.

291.18. The Société may establish, change or cancel lines, replace lines of a means of public transport by lines of another means of public transport or change the routes and, for any of these purposes, use any public street of its territory that it considers expedient.

The secretary of the Société shall send a notice of the decision of the Société made under the first paragraph to the Council and cause the notice to be published in a newspaper circulating in the territory of the Société.

Where the director general of the Société is of opinion that the public transport service of the Société is in danger of being disturbed, he may replace a means of public transport by another means of public transport or change the route of a means of public transport.

In such a case, he shall make a substantiated report to the board of directors of the Société at the next meeting.

1985, c. 31, s. 23; 1993, c. 68, s. 81; 1999, c. 40, s. 68.

291.19. Every decision of the Société made under the first paragraph of section 291.18 becomes effective on the fifteenth day after the date of the publication of the notice in the newspaper or on any later date fixed in the notice.

1985, c. 31, s. 23; 1999, c. 40, s. 68.

291.20. The Société may acquire, by agreement, within or outside its territory, all or part of any immovable or real right it may require for the carrying out of its objects.

1985, c. 31, s. 23; 1996, c. 2, s. 532; 1999, c. 40, s. 68.

291.21. After obtaining the authorization of the Council, the Société may also acquire by expropriation all or part of an immovable or real right it may require for the carrying out of its objects in accordance with the Expropriation Act (chapter E‐24).

1985, c. 31, s. 23; 1999, c. 40, s. 68.

291.22. After obtaining the authorization of the Council, of the Minister of Transport and of the Minister of Municipal Affairs and Greater Montréal, the Société may acquire by agreement the whole or part of the property or capital stock of any public transport undertaking operating in whole or in part within its territory.

After obtaining the authorization of the Council, the Société may also acquire all or part of the property or capital stock contemplated in the first paragraph by expropriation. The expropriation is made in the manner provided in the Expropriation Act (chapter E‐24), adapted as required, However, the notice of expropriation shall not indicate any lot number and the amount of the provisional indemnity shall be at least 70% of the offer by the expropriating party.

Should the expropriated party refuse to hand over to the expropriating party the share certificates and the expropriated property, the expropriating party may institute proceedings pursuant to article 565 of the Code of Civil Procedure (chapter C‐25).

This section has effect notwithstanding section 38 of the Expropriation Act.

1985, c. 31, s. 23; 1999, c. 40, s. 68; 1999, c. 43, s. 13.

291.23. Notwithstanding any inconsistent provision of any law, articles of constitution, by-law or convention, as soon as the Société acquires all of the capital stock of a public transport undertaking, the powers of the directors of the undertaking then in office shall cease and the members of the board of directors of the Société shall become the sole directors of the undertaking, without remuneration, and without personally being shareholders of the undertaking.

1985, c. 31, s. 23; 1999, c. 40, s. 68.

291.24. Every issue of shares or bonds made by a public transport undertaking after the date of the resolution of the Société ordering the expropriation of the capital stock of the undertaking shall be without effect.

1985, c. 31, s. 23; 1999, c. 40, s. 68.

291.25. Notwithstanding any law, agreement, trust deed or other provision, none of the provisions of this Act or the exercise of any of the powers which it assigns to the Société, or any of the acts which it authorizes shall have the effect of placing a public transport undertaking in default under the terms of the agreements and trust deeds relating to bonds, or of making the payment exigible before maturity, or of enabling the creditors, their representatives or the trustees to exercise the powers and recourses contemplated in the case of default of the public transport undertaking as regards such bonds, except in the case where payment of the debt has not been assumed by the Société.

1985, c. 31, s. 23; 1999, c. 40, s. 68.

291.26. In the case of acquisition by agreement or expropriation by the Société of the capital stock of a public transport undertaking, the Société shall assume the obligations of the undertaking and all hypothecs relating thereto and encumbering the property of such undertaking shall be extinguished.

The application for cancellation of the hypothecs is made at the registry office of the registration division and must be signed by the chairman of the board of directors and the secretary of the Société.

The application shall

(1)  attest that the Société has assumed the obligations of the public transport undertaking at the time of the acquisition, by agreement or expropriation, as the case may be, of the capital stock thereof;

(2)  designate the immovable property affected by such registration;

(3)  specify the registration numbers of the hypothecs to be cancelled.

The application shall make prima facie proof of its contents without having to prove the authority of the signatories.

1985, c. 31, s. 23; 1992, c. 57, s. 508; 1999, c. 40, s. 68.

291.27. In the case of acquisition by agreement or expropriation of the capital stock of a public transport undertaking, the property, rights and obligations of such undertaking shall devolve upon the Société.

The Government may, by order, whenever the total amount of the price or indemnity payable for the shares has been paid to those entitled thereto or deposited according to law cancel the articles of incorporation of the public transport undertaking. The cancellation shall take effect from the date fixed in the order.

If there then remains any claims or judicial proceedings pending between such undertaking and third parties, the Société, from the cancellation of the articles of incorporation of such undertaking, shall be subrogated to the rights and obligations of the undertaking. Upon such cancellation, the Société, in all cases pending, shall be substituted for the undertaking of right and without proceedings in continuance of suit, and the judgments obtained shall be executory by or against the Société, as the case may be.

1985, c. 31, s. 23; 1999, c. 40, s. 68.

291.28. Sections 120.0.1 to 120.0.3.2, 120.0.5 and 120.0.6 apply, adapted as required, to the Société.

1985, c. 31, s. 23; 1993, c. 68, s. 82; 1996, c. 52, s. 37; 1999, c. 59, s. 29.

291.29. (Replaced).

1985, c. 31, s. 23; 1993, c. 68, s. 82.

291.29.1. (Replaced).

1988, c. 25, s. 39; 1993, c. 68, s. 82.

291.30. (Replaced).

1985, c. 31, s. 23; 1993, c. 68, s. 82.

291.30.1. Notwithstanding section 120.0.3, the Minister of Municipal Affairs and Greater Montréal may, on such conditions as he may determine, exempt the Société from the obligation to call for public tenders to award an insurance contract involving an expenditure of $100 000 or over.

1986, c. 64, s. 11; 1993, c. 68, s. 83; 1999, c. 40, s. 68; 1999, c. 43, s. 13.

291.30.2. (Repealed).

1989, c. 20, s. 3; 1993, c. 68, s. 84; 1995, c. 65, s. 110.

291.31. (Repealed).

1985, c. 31, s. 23; 1993, c. 68, s. 85.

291.32. (Repealed).

1985, c. 31, s. 23; 1993, c. 68, s. 85.

291.33. The chairman of the board of directors or, in his absence, the director general of the Société may, in case of irresistible force of such a nature as to imperil the life or health of the population, seriously damage the equipment of the Société or seriously disturb the public transport service, order any expenditure and award any contract he considers necessary to remedy the situation.

Where that is the case, the chairman or the president and managing director is not required to obtain the treasurer’s certificate contemplated by section 306.13 but he shall lay a detailed report before the board of directors of the Société and before the Council at the next meeting; in the case of a contract contemplated by section 291.30.2, he shall transmit a copy of the report to the Minister of Transport.

1985, c. 31, s. 23; 1989, c. 20, s. 4; 1993, c. 68, s. 86; 1999, c. 40, s. 68.

291.34. The Société may pass a by-law to delegate to the director general of the Société the power to authorize expenditures and to enter into contracts in the name of the Société.

The Société may, in the by-law contemplated in the first paragraph, authorize the director general to subdelegate to any officer or employee of the Société the power to authorize certain expenditures and to enter into contracts in the name of the Société.

The by-law shall indicate

(1)  the area of competence to which the delegation or subdelegation applies;

(2)  the amounts of the expenditures the director general, officer or employee may respectively authorize;

(3)  the other conditions on which the delegation or subdelegation is made.

The rules for the awarding of contracts, adapted as required, apply to any contract awarded under this section. Notwithstanding the foregoing, in any case where the authorization of the Minister of Municipal Affairs and Greater Montréal is required for the awarding of a contract to any other person than the person who made the lowest tender, only the director general may apply to the Minister for the authorization.

Every authorization of expenditures granted pursuant to a delegation or subdelegation requires, to be valid, a certificate of the treasurer indicating that sufficient appropriation is available for that purpose. No authorization may be granted if it entails commitment of the Société’s funds for a period extending beyond the current fiscal year.

Every person who authorizes expenditures shall transmit a report thereof to the board of directors within the next 30 days.

1985, c. 31, s. 23; 1993, c. 68, s. 87; 1995, c. 71, s. 56; 1999, c. 40, s. 68; 1999, c. 43, s. 13.

DIVISION III METRO

1985, c. 31, s. 24.

292. The Société may organize, possess and administer, within its territory, the transport system existing on 1 January 1970 and known as the “Metro” and, for such purposes, it may:

(a)  purchase, take on lease or use all servitudes, rights of way or immoveables needed for the operation of the Metro and take on lease or use all temporary rights on immoveables necessary for that purpose;

(b)  regulate the use of space in and above the Metro lines;

(c)  allow, upon payment of rental, and regulate or prohibit, the erection and use of sign-boards and signs in the Metro lines and above such lines;

(d)  rent space in the Metro stations or elsewhere in its lines for any business which it may determine; regulate the use of showcases and display windows in such establishments;

(e)  acquire, possess and carry on itself any business in the locations described in paragraph d;

(f)  build, possess and operate means of access to the Metro inside commercial or other establishments and on private lots; acquire servitudes and rights of way for such purpose by mutual agreement or by expropriation.

1969, c. 84, s. 316; 1985, c. 31, s. 42; 1999, c. 40, s. 68.

293. The Société may operate, maintain and repair the public transport system known as the “Metro” running from a point situated in Montréal near Viger Park, going under the St. Lawrence river, under the Seaway and on the land bordering the Seaway and along the said Seaway in Saint-Lambert and in Longueuil to a point situated in Longueuil.

The Société, with the approval of the Community, Ville de Longueuil and Ville de Saint-Lambert are authorized to make with the Government of Canada or any body under federal jurisdiction any agreement necessary for carrying out such undertaking; such agreement must be ratified by the Minister of Municipal Affairs and Greater Montréal and the Minister of Transport; the Société shall be in the rights and obligations of Ville de Montréal with respect to such agreements as Ville de Montréal has already made.

For such purposes, the Société shall have the powers contemplated in section 292.

1969, c. 84, s. 317; 1972, c. 55, s. 136; 1985, c. 31, s. 42; 1990, c. 41, s. 91; 1996, c. 2, s. 533; 1999, c. 40, s. 68; 1999, c. 43, s. 13.

294. The Société has jurisdiction to extend the subway network in the territories of the municipalities listed in Schedule A. It may

(1)  dig a tunnel under any land for the subway network;

(2)  construct underground lines and their accessories, as well as surface, depressed or elevated lines and branches, and their accessories;

(3)  (subparagraph repealed);

(4)  construct underground or surface stations, platforms and any facilities required for the operation of the subway network;

(5)  (subparagraph repealed);

(6)  purchase, take on lease or use any servitudes, rights of way or immovables required for the operation of the subway network and, to facilitate the establishment or construction of the network or reduce the costs attached thereto, purchase or transfer any servitudes, rights of way or immovables;

(7)  purchase, take on lease or use any servitudes and temporary rights on immovables during the period required for construction;

(8)  order the expropriation of the property and rights mentioned in subparagraphs 6 and 7 for the purposes for which the Société may otherwise acquire them;

(9)  regulate the use of space in, above and near the subway tracks to ensure the safety of the works;

(10)  construct passageways leading to the subway network inside commercial or other establishments and on private land and, for that purpose, acquire servitudes and rights of way by agreement or expropriation;

(11)  for the functioning and operation of the subway network, establish, construct, lay out, possess and operate, itself or through another person, parking lots, taxi stands, bus terminals and other facilities required therefor;

(12)  acquire, by agreement or expropriation, any immovable or servitude situated near a construction, space or facility necessary for the operation of the subway network, for the purpose of improving the layout of those immovables and providing passageways to the network. However, the prior approval of the municipality in whose territory the immovable or servitude is located is required;

(13)  subdivide, resubdivide, exchange or sell, in whole or in part, any immovable, part of an immovable or immovable right acquired under subparagraph 12.

The Société has, with respect to an expropriation to be made for the purposes of this section, the powers described in paragraphs a and c of article 956 of the charter of the city of Montréal, adapted as required.

Where the Société proposes to expropriate for a purpose provided for in this section, except where the expropriation concerns a servitude or a right that affects only the subsoil of an immovable or where a municipality has already indicated its intention not to expropriate, the Société shall offer the municipality in whose territory an immovable or immovable right affected by the proposed expropriation is situated to proceed with the expropriation, at its own expense. Subject to subparagraph 12 of the first paragraph, the Société may proceed with the expropriation only if the municipality fails to accept, by resolution, the offer of the Société within 90 days of receiving it.

Every municipality having acquired an immovable or immovable right pursuant to subparagraph 12 of the first paragraph has the power provided for in subparagraph 13 of the first paragraph, adapted as required.

If a municipality accepts the offer made by the Société, it retains ownership of the expropriated immovables, subject to the obligation to transfer, free of charge, to the Société the immovable property, rights and titles required for the construction and operation of the extensions of the subway network.

For the purposes of this section, the Société has the powers provided for in section 292.

This section applies, adapted as required, to any guided land passenger transport network or system.

1969, c. 84, s. 318; 1971, c. 90, s. 34; 1971, c. 99, s. 25; 1972, c. 55, s. 137; 1974, c. 82, s. 42; 1977, c. 5, s. 14; 1982, c. 18, s. 123; 1983, c. 21, s. 34; 1984, c. 42, s. 137; 1985, c. 31, s. 42; 1990, c. 41, s. 92; 1995, c. 65, s. 111; 1996, c. 2, s. 534; 1999, c. 40, s. 68.

294.1. For the purposes of subparagraph 1 of the first paragraph of section 294, the Société, from the time the works begin and without formality or indemnity, but subject to recourse in damages, becomes the owner of the volume occupied by the tunnel together with a thickness of five metres surrounding the interior concrete wall of the tunnel. In addition, the Société holds a legal servitude established in favour of the volume occupied by the tunnel and limiting the stress applied to the upper surface of the volume to 250 kilopascals.

The third paragraph of section 115 and sections 116 to 118 apply to the Société, adapted as required.

1990, c. 41, s. 92; 1999, c. 40, s. 68.

294.2. The Société has jurisdiction to extend the subway network in the territory of the city of Laval and the municipalities in the territory of the Société de transport de la rive sud de Montréal.

The first and second paragraphs of section 294 and section 294.1 apply, adapted as required, to any such extension. However, in the case of surface installations or underground installations other than the tunnel, tracks and platforms, the Société shall offer the municipality in whose territory the extension is to be made to exercise itself the powers necessary to construct such installations. If the municipality fails to accept, by resolution, the offer of the Société within 90 days of receiving it, an identical offer shall be made to the municipal transit authority in whose territory the extension is to be made. If the municipal transit authority also fails to accept the offer within 90 days of receiving it, the Société may proceed with the construction of all the installations.

The municipality or municipal transit authority may accept all or part of an offer made pursuant to the second paragraph, and shall possess the powers referred to in the first and second paragraphs of section 294.

Notwithstanding the second paragraph, the Société may exercise the power conferred under subparagraph 9 of the first paragraph of section 294 only if no municipal by-laws exist in that respect.

1990, c. 41, s. 92; 1999, c. 40, s. 68.

294.3. (Repealed).

1990, c. 41, s. 92; 1995, c. 65, s. 112.

294.4. The Société is the sole owner of the subway network works and immovables situated in its territory. The Community shall transfer to the Société, free of charge, all immovable rights along with the titles thereto, movable property and other rights it may hold with respect to the subway network. The debt service affecting the property of the Société shall be apportioned as a deficit of the Société, and the debt service affecting the other property and rights originally acquired by the Community shall be apportioned as an expense of the Community.

Notwithstanding the apportionment of the debt service provided for in this section, the financial commitments deriving from the securities issued by the Community and the contracts made by it or by the Société for the purpose of extending the subway network in the territory of the municipalities listed in Schedule A, constitute direct and general obligations of the Community and of the municipalities listed in Schedules A and B. The Community and the said municipalities are solidarily liable for the obligations contracted by the Community towards the holders of the securities issued by it or towards the persons holding claims under the contracts.

1990, c. 41, s. 92; 1999, c. 40, s. 68.

294.5. Where the subway network is extended in the territory of the Société de transport de la Ville de Laval or of the municipalities situated in the territory of the Société de transport de la rive sud de Montréal, the Société owns the tunnel, tracks and platforms. It shall transfer to the municipality all property, rights and titles it may have acquired as a result of the failure by the municipality or municipal transit authority to accept the offer made in accordance with section 294.2, with the exception of the legal servitudes referred to in section 294.1 and other servitudes and rights acquired to ensure the safety and sanitation of the tunnel.

The financial commitments deriving from the securities issued by the Community and the contracts made by the Société for the purpose of constructing and laying out the subway tunnel, tracks and platforms in the territory of the Société de transport de la Ville de Laval or in the territory of the municipalities in the territory of the Société de transport de la rive sud de Montréal, constitute direct and general obligations of the Community. The Community is solely liable for the obligations contracted towards the holders of the securities issued by it or towards the persons holding claims under the contracts.

All contracts made by the Société, except those mentioned in the second paragraph, and all contracts made by a municipality or a municipal transit authority under section 294.2 for the purpose of constructing or laying out underground or surface infrastructures relating to the subway network, constitute direct and general obligations of the municipality or the municipal transit authority in whose territory the extension has been made. The municipality or transit authority is solely liable for the obligations contracted towards the holders of the securities issued by it or towards the persons holding claims under the contracts.

1990, c. 41, s. 92; 1999, c. 40, s. 68.

294.6. The Agence métropolitaine de transport is, in case of default, liable for the reimbursement of the amount of debt service of the Société with respect to the property of the suburban train system transferred under the first paragraph of section 152 of the Act respecting the Agence métropolitaine de transport (chapter A‐7.02).

The treasurer of the Société shall include, in the financial statements referred to in section 306.41, a note indicating the Agency’s obligation with respect to the liabilities related to such property.

1995, c. 65, s. 113; 1999, c. 40, s. 68.

295. No fee, duty, tax or cost shall be exacted from the Société by a municipality for the issue of a certificate of approval, building permit or occupancy permit relating to the works contemplated in sections 294 to 294.5.

1972, c. 73, s. 19; 1990, c. 41, s. 93; 1996, c. 2, s. 535; 1999, c. 40, s. 68.

296. The Société may, for remuneration, furnish a third party with any and all services, advice, substances, materials and equipment related to the study, construction, operation, supervision and management of a public transport system.

Every agreement reached under this section must be approved by the Minister of Transport.

1975, c. 87, s. 13; 1990, c. 41, s. 94; 1999, c. 40, s. 68.

296.1. (Repealed).

1982, c. 18, s. 124; 1985, c. 31, s. 24.

297. The property which the Montréal Transportation Commission holds as mandatary of Ville de Montréal shall become the property of the Société.

The Société shall be in the rights and obligations of Ville de Montréal with regard to any agreement made by such city with third parties respecting the Metro, without affecting the rights of such third parties.

1969, c. 84, s. 319; 1971, c. 90, s. 35; 1972, c. 73, s. 20; 1979, c. 72, s. 428; 1985, c. 31, s. 24; 1985, c. 31, s. 42; 1990, c. 41, s. 95; 1996, c. 2, s. 545; 1999, c. 40, s. 68.

298. Without affecting the rights of third parties, from 1 January 1970, all the assets acquired by Ville de Montréal out of the proceeds of the loans contracted by such city through bonds for the construction and equipping of the Metro or imputed by the city to such loans, and all the fruits and revenues of such assets, shall belong to the Société.

Where the Société alienates such assets it must inform the Community, which may then prescribe that the proceeds of such disposition must be remitted to the Community to be used exclusively for the purposes mentioned in the last paragraph of section 297.

1969, c. 84, s. 320; 1972, c. 73, s. 21; 1985, c. 31, s. 42; 1990, c. 41, s. 96; 1996, c. 2, s. 545; 1999, c. 40, s. 68.

DIVISION IV FINANCIAL PROVISIONS

1985, c. 31, s. 25.

299. The fiscal year of the Société ends on 31 December each year.

1969, c. 84, s. 328; 1985, c. 31, s. 25; 1999, c. 40, s. 68.

300. All revenues of the Société, including subsidies, shall be used to fulfil the obligations of the Société and to organize, possess, develop and administer its public transport undertaking.

1969, c. 84, s. 335; 1982, c. 18, s. 129; 1985, c. 31, s. 25; 1999, c. 40, s. 68.

300.1. (Replaced).

1982, c. 18, s. 129; 1985, c. 31, s. 25.

301. In the event of the dissolution of the Société, the property of the Société shall, after payment of the debts, devolve upon the Community in the manner prescribed by the Government.

1969, c. 84, s. 338; 1985, c. 31, s. 25; 1990, c. 41, s. 97; 1999, c. 40, s. 68.

302. For the purposes of the Act respecting municipal taxation (chapter F‐2.1), an immovable is deemed to belong to the Société as soon as the Société takes possession of it in accordance with the Expropriation Act (chapter E‐24).

1978, c. 104, s. 11; 1983, c. 45, s. 51; 1985, c. 31, s. 25; 1999, c. 40, s. 68.

303. Every year the Société shall prepare its budget for the ensuing fiscal year and transmit it to the secretary of the Community and to the treasurer of the Agence métropolitaine de transport not later than 15 October.

1978, c. 104, s. 11; 1979, c. 72, s. 429; 1983, c. 45, s. 51; 1985, c. 31, s. 25; 1990, c. 41, s. 98; 1995, c. 65, s. 114; 1999, c. 40, s. 68.

304. Sections 210.1 and 212, adapted as required, apply.

1978, c. 104, s. 11; 1983, c. 45, s. 51; 1985, c. 31, s. 25; 1991, c. 32, s. 192.

305. The secretary of the Société shall transmit the budget of the Société and any supplementary budget to the Minister of Municipal Affairs and Greater Montréal and to the Minister of Transport within thirty days of their adoption by the Council.

1978, c. 104, s. 11; 1983, c. 45, s. 51; 1985, c. 31, s. 25; 1999, c. 40, s. 68; 1999, c. 43, s. 13.

306. The interest on and amortization of the loans by bonds contracted by Ville de Montréal for the construction and equipping of the Metro and the payment of the Société’s operating deficits, including those resulting from payment of the interest on and amortization of the loans of the Société, shall be charged to the municipalities of the territory of the Société.

The same is true for the expenditure made by the Community for the payment of the sum required under section 73.1 of the Act respecting the Agence métropolitaine de transport (chapter A‐7.02). The apportionment of the expenditure shall be considered to be the apportionment of the operating deficit of the Société.

1978, c. 104, s. 11; 1982, c. 18, s. 131; 1983, c. 45, s. 51; 1985, c. 31, s. 25; 1996, c. 2, s. 545; 1996, c. 52, s. 38; 1999, c. 40, s. 68.

306.1. The interest on and amortization of all loans of Ville de Montréal contemplated in section 306 and payable by it in a fiscal year of the Community shall be certified by the director of finance of the city not later than 1 September of the year preceding that fiscal year.

The expenditure provided for in the certificate shall form part of the budget of the Community for the said fiscal year. It shall be apportioned among the municipalities situated within the territory of the Société in accordance with section 220 and with the by-law adopted under section 220.1; such by-law may contain particular provisions as to the apportionment of the expenditure referred to in this section.

The Community shall pay Ville de Montréal the amount of the expenditure provided for in this section. The by-law adopted under section 220.1 may prescribe the terms and conditions of payment as though it were an aliquot share.

1985, c. 31, s. 25; 1991, c. 32, s. 193; 1996, c. 2, s. 536; 1999, c. 40, s. 68.

306.2. The deficit referred to in section 306 shall be apportioned among the municipalities situated within the territory of the Société according to their respective fiscal potentials.

However, the Community may, by by-law, provide that all or part of its deficit is to be apportioned on the basis of a criterion other than that of non-adjusted fiscal potential.

1985, c. 31, s. 25; 1991, c. 32, s. 194; 1995, c. 71, s. 57; 1996, c. 67, s. 65; 1999, c. 40, s. 68.

306.3. The manner of determining the aliquot shares of the deficit of the Société and the terms and conditions of payment of the aliquot shares by the municipalities whose territory is included in that of the Société shall be prescribed in the by-law adopted by the Council under section 220.1.

Instead of fixing the rate of interest payable on an instalment which is outstanding, the by-law may provide that such rate shall be fixed by a resolution of the Société when its budget is transmitted to the Community.

The by-law may prescribe the terms and conditions of the repayment by the Community to the Société of the amount payable by the municipalities as though it were an aliquot share and take into account the repayment provided for in section 306.1. However, the Société may in no case be forced to return to the Community or to the municipalities an overpayment noticed following an adjustment resulting from the deferred coming into force of all or part of its budget or from the successive use of provisional and final data in determining the basis of apportionment. Moreover, where such an adjustment reveals that the Community must pay a supplement to the Société, the Community may use any surplus referred to in section 217 to make this payment in addition to or instead of adjusting the aliquot shares of the municipalities.

1985, c. 31, s. 25; 1991, c. 32, s. 194; 1995, c. 71, s. 58; 1996, c. 67, s. 66; 1999, c. 40, s. 68.

306.4. (Replaced).

1985, c. 31, s. 25; 1991, c. 32, s. 194.

306.5. (Replaced).

1985, c. 31, s. 25; 1991, c. 32, s. 194.

306.6. (Replaced).

1985, c. 31, s. 25; 1991, c. 32, s. 194.

306.7. (Replaced).

1985, c. 31, s. 25; 1991, c. 32, s. 194.

306.8. (Replaced).

1985, c. 31, s. 25; 1991, c. 32, s. 194.

306.9. Any instalment, payment of aliquot share or reimbursement made under sections 306.1 to 306.3 shall constitute an expenditure or a revenue of the Community for the fiscal year during which it is made.

The budget for that fiscal year shall be amended accordingly and the corresponding appropriations shall be deemed to be adopted.

1985, c. 31, s. 25; 1991, c. 32, s. 195.

306.10. (Repealed).

1985, c. 31, s. 25; 1991, c. 32, s. 196.

306.11. The Société may transfer appropriations from one item to another of the budget up to the amount determined by by-law of the Council.

The Société shall report the transfer of appropriations to the Council at the next regular meeting of the Council.

1985, c. 31, s. 25; 1999, c. 40, s. 68.

306.12. The funds appropriated by a budget for specified financial commitments during a fiscal year shall remain available during the ensuing fiscal year for the execution of the commitments whether or not the execution has begun.

1985, c. 31, s. 25.

306.13. Any by-law or resolution of the board of directors authorizing an expenditure has effect only if it is accompanied with a certificate of the treasurer indicating that the Société disposes of sufficient funds for the purposes of the expenditure.

Where a convention made pursuant to a by-law or resolution to which this section applies has effect over more than one fiscal year, a certificate shall be produced in accordance with the first paragraph for that portion of the expenditures that will be made during the first year and thereafter at the beginning of each year during which the convention has effect.

The first paragraph does not apply to the inventory fund.

The inventory fund contemplated in the third paragraph is made up of a sum representing not more than 21/2% of the budget used for the following purposes:

(1)  the purchase in cash of supplies and spare parts entered in the assets of the operating fund;

(2)  the purchase of merchandise, materials, supplies and other items that the Société may need in the course of its day-to-day operations.

1985, c. 31, s. 25; 1999, c. 40, s. 68.

306.14. The Société may, by by-law, order a loan for a purpose within its competence, except as regards the financing of the construction of the subway network and the acquisition of the rolling-stock needed to operate it. The term of such a loan shall in no case exceed 50 years.

The by-law need only mention the total amount of the principal of the loan that it orders, the purposes for which the proceeds of the loan are to be used and the maximum term for which it may be contracted.

The by-law requires the approval of the Council and of the Minister of Municipal Affairs and Greater Montréal.

1985, c. 31, s. 25; 1990, c. 41, s. 99; 1999, c. 40, s. 68; 1999, c. 43, s. 13.

306.14.1. Part of the loan, not exceeding 5 % of the amount of the expenditure authorized by the loan by-law in force, may be reserved for the repayment to the general fund of the Société of all or part of the sums expended, before the passage of the loan by-law, in connection with the object of the by-law.

That part of the loan must be specified in the by-law.

1995, c. 71, s. 59; 1999, c. 40, s. 68.

306.15. The Société may order, by resolution, temporary loans for the payment of current administrative expenses of the Société and contract them on the conditions and for the term it determines.

The Société may also contract temporary loans for the payment of the expenses incurred under a loan by-law.

1985, c. 31, s. 25; 1999, c. 40, s. 68.

306.16. Where a loan is ordered by by-law and approved, the secretary of the Société shall advise the executive committee of the conditions that may be expected when the loan is made.

The Société may effect the loan by issuing securities or by contract, up to the total amount of principal indicated in the by-law.

The Société shall determine by resolution

(1)  the interest rate on the loan or securities or the manner of fixing that rate;

(2)  the time the loan is effected;

(3)  the content of the securities or of the contracts;

(4)  the conditions of issue of the securities.

Any resolution of the Société adopted under the third paragraph requires the approval of the Minister of Municipal Affairs and Greater Montréal.

1985, c. 31, s. 25; 1999, c. 40, s. 68; 1999, c. 43, s. 13.

306.17. The Société may effect a loan for a term shorter than that indicated in the by-law contemplated in section 306.14 and determine the part of the loan that shall be renewable at maturity and the maximum term of the renewal.

Any loan made for purposes of a renewal may be effected within twelve months preceding the date of maturity of the loan to be renewed, provided that the term prescribed by the Société for the renewal does not exceed the maximum term determined in the by-law contemplated in section 306.14.

1985, c. 31, s. 25; 1999, c. 40, s. 68.

306.18. The Société may designate a place outside Québec where a register shall be kept to register the securities and appoint a person to keep it.

It may set down rules on any matter respecting its loans.

1985, c. 31, s. 25; 1999, c. 40, s. 68.

306.19. Sections 7 and 8 and Divisions V, VI and VIII to X and XII of the Act respecting municipal debts and loans (chapter D-7), adapted as required, apply to the Société. The treasurer of the Société or any other officer designated by it for that purpose shall fulfill the obligations mentioned in section 24 of the said Act.

The Minister of Municipal Affairs and Greater Montréal may cause the certificate contemplated in section 12 of the said Act to be affixed to any security issued by the Sociét to effect a loan contemplated in section 306.14. The validity of a security bearing such certificate may in no case be contested.

Division IX of the said Act does not apply to a security that is not subject to registration under the conditions of its issue.

A loan of the Société or a security issued by it may be repaid or redeemed in advance, of its own accord, according to the terms of the contract or security. The date of advance repayment or redemption may be other than a date of payment of interest if the prior notice stipulated in the contract or security is given.

1985, c. 31, s. 25; 1988, c. 84, s. 705; 1995, c. 71, s. 60; 1996, c. 52, s. 39; 1999, c. 40, s. 68; 1999, c. 43, s. 13.

306.20. The bonds, notes and other securities issued by the Société shall be investments presumed sound as if they were mentioned in paragraph 2 of article 1339 of the Civil Code.

The commitments attaching to the securities issued by the Société and the contracts entered into by it constitute direct and general obligations of the Société and of the municipalities mentioned in Schedules A and B ranking concurrently and without preference with the other general obligations of the Société and of those municipalities.

1985, c. 31, s. 25; 1999, c. 40, s. 68.

306.21. The Société and the municipalities situated in its territory shall be solidarily liable toward the holders of bonds, notes and other securities issued by the Société for the repayment of such bonds, notes and other securities, in principal, interest and other incidental cost, and for all other obligations contracted by the Société.

1985, c. 31, s. 25; 1999, c. 40, s. 68.

306.22. When a by-law authorizes the Société to borrow a certain amount either in the legal tender of Canada or in the currency of one or more foreign countries, the total amount of the loan thus authorized shall be that expressed in the legal tender of Canada.

The amount in Canadian dollars of a loan effected in another currency is obtained by multiplying the amount of the principal of the loan by the value of the unit of the other currency in relation to the Canadian dollar.

For the purposes of the computation contemplated in the second paragraph, the value of the unit of the other currency in relation to the Canadian dollar is as it stands

(1)  at the time of the conversion into Canadian dollars of all or part of the proceeds of the loan paid to the Société;

(2)  at noon on the day on which all or part of the proceeds of the loan is paid to the Société, if it is not converted into Canadian dollars.

Where all or part of the proceeds of a loan are used to renew a loan already effected by the Société, for all or part of its unexpired term, the amount used for the renewal is not deducted from the balance of the amount of the loan authorized by by-law, whatever the value of the currency in which the loan is effected.

1985, c. 31, s. 25; 1999, c. 40, s. 68.

306.23. Notwithstanding any inconsistent legislative provision, the second paragraph of section 306.19 does not apply to a security issued by the Société to effect a temporary loan.

1985, c. 31, s. 25.

306.24. Notwithstanding any inconsistent legislative provision, the securities of the Société may be issued in one of the following forms or as a combination thereof:

(1)  fully registered securities;

(2)  securities that may be registered for the principal only;

(3)  securities payable to the bearer.

The Société may prescribe the mode of transfer or negotiation of its securities and the formalities to be fulfilled for that purpose. However, a bearer security is negotiable by mere delivery and is not subject to registration unless otherwise stipulated.

1985, c. 31, s. 25; 1999, c. 40, s. 68.

306.25. The bonds and coupons issued by the Société shall be signed by the chairman of the board of directors and by the secretary of the Société or, if the latter is absent or unable to act, by any person designated for that purpose by the Société to replace him.

The signature of the chairman or of the secretary of the Société affixed on any bond or coupon of the Société not issued or delivered before these persons cease to act is nevertheless valid and binds the Société.

1985, c. 31, s. 25.

306.26. The cheques, notes, orders of payment or other negotiable instruments issued by the Société shall be signed by the director general of the Société and by the treasurer of the Société or, if either is absent or unable to act, by any person designated for that purpose by the Société to replace him.

1985, c. 31, s. 25; 1993, c. 68, s. 89; 1999, c. 40, s. 68.

306.27. The facsimile of the signature of the chairman of the board of directors of the Société may be engraved, lithographed or printed on the documents contemplated in section 306.25 and that of the director general of the Société or of the treasurer of the Société may be engraved, lithographed or printed on the documents contemplated in section 306.26.

The facsimile has the same effect as if the signature itself had been affixed to the documents.

1985, c. 31, s. 25; 1993, c. 68, s. 90; 1999, c. 40, s. 68.

306.28. Where the Société effects a loan in a foreign country, it may elect domicile in that country or elsewhere, for the purposes of receiving a notice or proceeding respecting that loan.

In the same circumstances, the Société may order that the securities issued by it or the contracts entered into by it in a foreign country for the purposes of the loan be governed by the law of that country, provided that sections 306.14 to 306.28 are complied with.

1985, c. 31, s. 25; 1999, c. 40, s. 68.

306.28.1. The Société may invest the monies belonging to it by purchasing shares in a mutual fund provided for in the third paragraph of section 99 of the Cities and Towns Act (chapter C‐19).

The Minister of Municipal Affairs and Greater Montréal may, by regulation, determine other securities in which the Société may invest the monies belonging to it through a mutual fund referred to in the first paragraph.

1996, c. 77, s. 42; 1999, c. 43, s. 13.

DIVISION V PROGRAM OF CAPITAL EXPENDITURES

1985, c. 31, s. 25.

306.29. The Société shall, each year, adopt a program of capital expenditures for the next three fiscal years and have it approved by the Council.

1985, c. 31, s. 25; 1996, c. 27, s. 131; 1999, c. 40, s. 68.

306.30. The program shall be divided into annual phases. It shall describe, for the period coincident therewith, the object, the cost and the mode of financing of the capital expenditures or expenses that the Société plans to make or to incur, and for which the financing period exceeds twelve months.

The program shall also mention the capital expenditures the Société plans to make beyond the period contemplated by it if the expenditures result from commitments made during that period.

1985, c. 31, s. 25; 1999, c. 40, s. 68.

306.31. (Repealed).

1985, c. 31, s. 25; 1988, c. 76, s. 9; 1995, c. 71, s. 61; 1996, c. 52, s. 43.

306.32. The Société may amend the program and have the amendment approved by the Council.

The provisions applicable to the procedure preceding the adoption of the budget of the Société, adapted as required, also apply to the procedure preceding the adoption of the program of capital expenditures of the Société.

1985, c. 31, s. 25; 1988, c. 76, s. 10; 1996, c. 52, s. 44; 1999, c. 40, s. 68.

DIVISION VI AUDIT AND REPORT

1985, c. 31, s. 25.

306.33. During the period extending from 1 December to 1 May, the Société shall appoint an auditor for the fiscal year beginning during that period. The Société may provide that the appointment is also valid for the following fiscal year or for the two following fiscal years.

1985, c. 31, s. 25; 1995, c. 71, s. 62; 1999, c. 40, s. 68.

306.34. If a vacancy occurs in the office of the auditor before the expiry of his term, the Société shall fill the vacancy at the next meeting of the board of directors.

1985, c. 31, s. 25; 1999, c. 40, s. 68.

306.35. If the auditor appointed for a fiscal year is not the auditor in office for the preceding fiscal year, the Société shall inform the Minister of Municipal Affairs and Greater Montréal of the name of the new auditor as soon as possible after his appointment.

1985, c. 31, s. 25; 1995, c. 71, s. 63; 1999, c. 40, s. 68; 1999, c. 43, s. 13.

306.36. In no case may the following persons act as an auditor for the Société:

(1)  a member of the board of directors or his associate;

(2)  the director general of the Société, a director general, the head of a department or any other person who performs similar duties, or an employee of the Société, or his associate;

(3)  a person who, during the fiscal year for which the audit is carried out, has, directly or indirectly, personally or through his associate, any interest in a contract with the Société, receives a commission pursuant to the contract or derives any benefit from the contract, unless his connection with the contract arises from the practice of his profession.

1985, c. 31, s. 25; 1993, c. 68, s. 91; 1999, c. 40, s. 68.

306.37. The Minister of Municipal Affairs and Greater Montréal may, if he considers it necessary, appoint an auditor other than the auditor appointed under section 306.33 or 306.34 and require a report from him.

1985, c. 31, s. 25; 1999, c. 43, s. 13.

306.38. The auditor shall, for the fiscal year for which he is appointed, audit the financial statements and any other document the Minister of Municipal Affairs and Greater Montréal determines by regulation published in the Gazette officielle du Québec.

Every regulation under the first paragraph comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec or on any later date fixed therein.

1985, c. 31, s. 25; 1999, c. 43, s. 13.

306.39. The auditor shall transmit his report to the treasurer of the Société not later than 31 March following the expiry of the fiscal year for which he was appointed or for which he remained in office.

He shall state in his report, in particular, whether the financial statements of the Société faithfully represent the financial position of the Société on 31 December and indicate the results of the operations of the Société for the fiscal year ending on that date.

1985, c. 31, s. 25; 1999, c. 40, s. 68.

306.40. The Société may require any other audit it considers necessary and require a report from the auditor.

1985, c. 31, s. 25; 1999, c. 40, s. 68.

306.41. At the end of the fiscal year, the treasurer shall draw up the financial report for the past fiscal year and he shall certify it.

The report shall include the financial statements of the Société and any other information required by the Minister of Municipal Affairs and Greater Montréal.

The report shall be drawn up on the forms furnished by the Minister of Municipal Affairs and Greater Montréal, where that is the case.

1985, c. 31, s. 25; 1999, c. 40, s. 68; 1999, c. 43, s. 13.

306.42. The financial report shall be filed at a meeting of the board of directors, at the same time as the auditor’s report.

The secretary of the Société shall send the reports to the Minister of Municipal Affairs and Greater Montréal and to the Council not later than 1 May.

1985, c. 31, s. 25; 1999, c. 40, s. 68; 1999, c. 43, s. 13.

306.43. The Société shall, not later than 1 May each year, transmit to the Minister of Transport a certified copy of the report produced by the auditor for the preceding fiscal year, accompanied with a report of the activities of the Société for that fiscal year.

The Société shall transmit to the Minister of Transport any other information required by him.

1985, c. 31, s. 25; 1999, c. 40, s. 68.

306.44. (Repealed).

1985, c. 31, s. 25; 1986, c. 64, s. 12.

DIVISION VII PENAL PROVISIONS

1985, c. 31, s. 25.

306.45. Except with the authorization of the Société, no person shall in any manner use the name of the “Société de transport de la Communauté urbaine de Montréal” or of any one of its departments, or its emblem or graphic symbol.

1985, c. 31, s. 25; 1999, c. 40, s. 68.

306.46. Every person who contravenes section 306.45 is guilty of an offence and liable, for each offence to a fine of not more than $1 000.

1985, c. 31, s. 25; 1990, c. 4, s. 291; 1993, c. 68, s. 92.

306.47. The Société may, in a by-law under subparagraphs 1, 2 and 3 of the first paragraph of section 291.17, set out offences and prescribe a fine for each offence.

The by-law may prescribe either a fine of a fixed amount, or the minimum and maximum fines or a minimum fine of $1 and a maximum fine.

The fixed amount or maximum amount prescribed may not exceed, for a first offence, $1 000 if the offender is a natural person, or $2 000 if the offender is a legal person. In the case of a second or subsequent conviction, the fixed amount or maximum amount prescribed may not exceed $2 000 if the offender is a natural person, or $4 000 if the offender is a legal person.

1985, c. 31, s. 25; 1990, c. 4, s. 292; 1993, c. 68, s. 93.

306.48. Sections 69.1 to 69.4, adapted as required, apply to the Société.

1985, c. 31, s. 25; 1999, c. 40, s. 68.

306.49. The Société de transport de la Communauté urbaine de Montréal may institute penal proceedings for an offence under section 306.46 or 306.47 or a provision of a by-law of the Société.

1985, c. 31, s. 25; 1992, c. 61, s. 207; 1999, c. 40, s. 68.

306.50. The board of directors of the Société shall designate specifically the officers of the Société who shall enforce the by-laws referred to in subparagraph 1, 2 or 3 of the first paragraph of section 291.17.

1985, c. 31, s. 25; 1992, c. 61, s. 207; 1999, c. 40, s. 68.

306.51. Any municipal court in the territory of the Société de transport de la Communauté urbaine de Montréal shall have jurisdiction in respect of an offence under section 306.46 or 306.47 or any other offence under a provision of a by-law of the Société.

When the offence is committed outside the territory of the Société, the municipal court having jurisdiction in the territory of the locality where the offence was committed shall have jurisdiction in respect of the offence.

1985, c. 31, s. 25; 1992, c. 61, s. 207; 1996, c. 2, s. 537; 1999, c. 40, s. 68.

306.52. The fine belongs to the Société, where it instituted the penal proceedings.

The costs relating to proceedings instituted before a municipal court belong to the municipality under the jurisdiction of that court, except the part of the costs remitted to another prosecuting party by the collector under article 366 of the Code of Penal Procedure (chapter C‐25.1), and the costs remitted to the defendant or imposed on that municipality under article 223 of the said Code.

1985, c. 31, s. 25; 1992, c. 61, s. 207; 1999, c. 40, s. 68.

DIVISION VIII GENERAL PROVISIONS

1985, c. 31, s. 25.

306.53. The Société has sufficient interest to make to any administrative court any representations it considers necessary respecting any application for a permit made by a carrier of passengers and covering all or part of the territory of the Société, respecting routes, stops or any other conditions which may affect the permit.

Notice of permit applications under the first paragraph shall be transmitted to the Société.

1985, c. 31, s. 25; 1997, c. 43, s. 197; 1999, c. 40, s. 68.

306.54. Any period of time granted to the Société by this Act to perform any act or to make any decision may be extended by the Minister of Transport, at the request of the Société.

1985, c. 31, s. 25; 1999, c. 40, s. 68.

306.55. If the Société fails to perform an act or to make a decision within the time prescribed under this Act, the Government may perform the act or make the decision.

Every act performed or decision made by the Government is binding on the Société as if it had been performed or made by the Société.

No act performed or decision made by the Government may be revoked, repealed or changed by the Société except with the approval of the Government.

Subject to section 306.54, the Société may perform an act or make a decision even after the time prescribed under this Act has expired, provided that it does so before the act is performed or the decision is made by the Government.

1985, c. 31, s. 25; 1999, c. 40, s. 68.

306.56. The Société is exempt from liability towards owners of articles lost on its property or in its vehicles.

1985, c. 31, s. 25; 1999, c. 40, s. 68.

306.57. The Société is not subject to the jurisdiction of the Commission des transports du Québec otherwise than pursuant to a provision of this Act.

The Commission des transports du Québec has no jurisdiction over any transportation provided on behalf of the Société pursuant to a contract contemplated in subparagraphs 2 and 3 of the second paragraph of section 291 and in sections 291.1 and 291.3.

The Commission des transports du Québec shall not issue a bus transport permit for the operation of any service wholly or partly within the territory of the Société or amend a permit so as to authorize the operation of such a service without first having invited the Société to submit its representations.

If the Société has not made known its intention to submit representations within 60 days of the invitation of the Commission des transports du Québec, the latter may rule upon the application for a permit or for an amendment to a permit.

The Commission des transports du Québec shall reject such part of the application which concerns services to which the Société has objected if they are urban transport services that would be operated within the territory of the Société.

1985, c. 31, s. 25; 1988, c. 25, s. 40; 1999, c. 40, s. 68.

306.58. (Repealed).

1985, c. 31, s. 25; 1993, c. 75, s. 42.

306.59. (Repealed).

1985, c. 31, s. 25; 1991, c. 32, s. 197.

306.60. (Repealed).

1985, c. 31, s. 25; 1991, c. 32, s. 197.

306.61. On any matter submitted to the Council in relation to the Société, the representatives of the municipalities situated in the territory of the Société shall be entitled to vote in addition to the chairman of the executive committee.

1985, c. 31, s. 25; 1991, c. 32, s. 198; 1999, c. 40, s. 68.

306.62. The Commission municipale du Québec shall have jurisdiction to decide, upon the application of the Community, the Société, Ville de Longueuil or the Société de transport de la rive sud de Montréal, any question in dispute between those parties respecting the Longueuil metro station.

1985, c. 31, s. 25; 1996, c. 2, s. 545; 1999, c. 40, s. 68.

306.63. Every provision of the charter or of the by-laws of Ville de Montréal inconsistent with this title shall be without effect.

1985, c. 31, s. 25; 1996, c. 2, s. 545.

306.64. (Repealed).

1985, c. 31, s. 25; 1991, c. 32, s. 199; 1993, c. 67, s. 111.

306.65. The Minister of Transport is responsible for the carrying out of sections 234.7 to 298 and 306.43 to 306.64; the Minister of Municipal Affairs and Greater Montréal is responsible for the carrying out of sections 299 to 306.42.

1985, c. 31, s. 25; 1999, c. 43, s. 13.

TITLE III FINAL PROVISIONS

307. The Minister may, at the request of the executive committee, extend a time period prescribed for the Community in this Act. Where the Minister considers it expedient, he may again extend the period on the conditions he determines.

1969, c. 84, s. 339; 1993, c. 68, s. 94.

308. If the Community fails to pass a by-law or a resolution within the time prescribed by this act, such by-law or such resolution may be passed by the Government and shall be binding upon the Community as if such by-law or such resolution had been passed by the Community.

No by-law or resolution so adopted by the Government shall be repealed or amended without the approval of the Minister.

1969, c. 84, s. 340 (part); 1999, c. 40, s. 68.

309. Nothing in this act shall be construed as preventing the Community from passing a resolution or by-law after the time prescribed by this act, but before such resolution or by-law is passed by the Government.

1969, c. 84, s. 340 (part); 1999, c. 40, s. 68.

310. The Community, as soon as possible after any by-law has been passed under this act transferring to it the ownership of any immoveable or immoveable right in a municipality, shall register at the registry office of the registration division concerned a declaration signed by the chairman of the executive committee and its secretary stating that it is now the owner of the immoveable or immoveable right described therein following the passing of a by-law of which the number, date of coming into force and reference to the provisions of this act authorizing the passing thereof must be mentioned in such declaration.

1969, c. 84, s. 342; 1999, c. 40, s. 68.

311. (Repealed).

1969, c. 84, s. 343; 1977, c. 5, s. 14; 1982, c. 18, s. 133.

312. No objection made to the form or based upon the omission of any formality, even peremptory, shall be admitted in any action, suit or procedure respecting any matter contemplated in this act, unless a real injustice would result from the dismissal of such objection or when the omission of such formality entails nullity under an express provision of this act.

No person who has complied with a notice or informed himself sufficiently in any way regarding the content or object thereof shall subsequently invoke insufficiency or defect in the form of such notice, or the failure to publish or to serve the same.

1969, c. 84, s. 344.

312.1. Any power that may be exercised by ordinance of the executive committee may also be exercised by by-law of the Council.

1982, c. 18, s. 134.

313. The Community, in collaboration with the associations which represent the employees of the municipalities whose territories are included in its territory for the purposes of making collective agreements, may adopt and revise one or several draft models of collective agreements recommending monetary clauses and normative clauses for the municipalities and their employees.

1969, c. 84, s. 345; 1996, c. 2, s. 538.

314. The facsimile of the signature of the director general, secretary, treasurer or assessor of the Community on any document he is authorized to sign, shall have the same effect as the signature itself if the use of such facsimile is authorized by the executive committee.

The first paragraph does not apply in respect of the original of a by-law, ordinance or resolution adopted by the Council or executive committee.

The first two paragraphs apply, with the necessary modifications, to the director general, secretary and treasurer of the Société de transport.

1969, c. 84, s. 346; 1972, c. 73, s. 25; 1974, c. 82, s. 44; 1982, c. 18, s. 135; 1984, c. 27, s. 57; 1985, c. 31, s. 42; 1993, c. 68, s. 95.

315. The clerk or secretary-treasurer of any municipality whose territory is included in that of the Community must forward to the Community, upon a request by the Community made by resolution of its Council or its executive committee, any document forming part of the records of such municipality or, if he so chooses, a certified true copy of any such document relating directly or indirectly to the exercise by the Community of any jurisdiction conferred upon it by this Act.

1969, c. 84, s. 347; 1996, c. 2, s. 539.

316. No by-law of a municipality whose territory is situated within or without the territory of the Community shall be construed as preventing the Community from occupying any immovable in the territory of such municipality which it is entitled to occupy in the exercise of the competence assigned to it by this Act, subject however to the right of such municipality to apply to the Commission municipale du Québec to obtain an order from such Commission enjoining the Community not to commence such occupation, or to cease it.

Such an application to the Commission municipale du Québec shall be made by a petition served upon the Community, and the Commission municipale du Québec, after having heard or called the parties, may make any order which it deems appropriate.

1969, c. 84, s. 348; 1977, c. 5, s. 14; 1996, c. 2, s. 540; 1999, c. 40, s. 68.

317. The Community is a municipality within the meaning of the Act respecting the Ministère des Affaires municipales et de la Métropole (chapter M‐22.1), the Act respecting the Commission municipale (chapter C‐35), the Municipal Aid Prohibition Act (chapter I‐15), the Public Health Protection Act (chapter P‐35), the Labour Code (chapter C‐27) and the Act respecting the protection of persons and property in the event of disaster (chapter P‐38.1).

The Acts mentioned in the first paragraph apply, with the necessary modifications, to the Community.

In particular, for the application of the Act respecting the protection of persons and property in the event of disaster,

(1)  the executive committee and its chairman are deemed to be the council and the mayor of the municipality, respectively;

(2)  from the time the executive committee or its chairman decrees a state of emergency pursuant to the said Act, the officers and employees of the municipalities contemplated by such decree shall come under the authority of the chairman of the executive committee to the extent necessary for the application of the said Act; and

(3)  the executive committee or its chairman may decree a state of emergency in the territory of a municipality only if

(a)  such municipality and the Community have previously entered into an agreement as to their respective responsibilities for the expenses caused by the acts of officers and employees of the municipality, or if

(b)  the council or the executive committee of the municipality, or its mayor or chairman of the committee, expressly requests the executive committee of the Community or its chairman to decree the state of emergency, in which case the expenses mentioned in subparagraph a are charged to the municipality.

1969, c. 84, s. 349; 1971, c. 93, s. 15; 1972, c. 73, s. 26; 1972, c. 55, s. 84; 1974, c. 82, s. 45; 1974, c. 70, s. 473; 1982, c. 18, s. 136; 1993, c. 68, s. 96; 1996, c. 2, s. 541; 1999, c. 43, s. 13.

317.1. The Community is dispensed from the obligation of contracting the insurance provided for by section 84 of the Automobile Insurance Act (chapter A-25) and section 103 of the said Act applies to it.

1982, c. 18, s. 136.

317.2. The provisions of Division XIII.1 of the Cities and Towns Act (chapter C-19) apply, with the necessary modifications, to the Community and the Société de transport.

1996, c. 27, s. 132.

318. For the purposes of section 42, the delegate of Cité de Dorval is deemed to be the delegate of Ville de L’Île-Dorval, as though the territory of the latter were included in that of the former.

1969, c. 84, s. 350; 1996, c. 2, s. 542.

319. If any appointment contemplated by this act has not been made within the prescribed time, it may be made by the Minister; however, with the permission of the Minister it may be made even after the expiry of such time by the persons to whom this act assigns such duty.

1969, c. 84, s. 351; 1999, c. 40, s. 68.

319.1. No person may, except with the authorization of the Community, use in any manner whatsoever, the name “Communauté urbaine de Montréal” or that of any of its departments, or its emblem or graphic symbol.

1993, c. 68, s. 97.

319.2. Every person who contravenes section 319.1 is guilty of an offence and is liable, for each offence, to a fine not exceeding $1 000.

1993, c. 68, s. 97.

320. (Repealed).

1969, c. 84, s. 353; 1982, c. 18, s. 137.

321. (Repealed).

1969, c. 84, s. 354; 1972, c. 73, s. 27; 1974, c. 82, s. 46; 1982, c. 18, s. 137.

322. (Repealed).

1972, c. 73, s. 28; 1977, c. 5, s. 14; 1982, c. 18, s. 137.

323. (Repealed).

1972, c. 73, s. 28; 1977, c. 5, s. 14; 1982, c. 18, s. 137.

324. (Repealed).

1972, c. 73, s. 28; 1977, c. 5, s. 14; 1982, c. 18, s. 137.

325. (Repealed).

1972, c. 73, s. 28; 1982, c. 18, s. 137.

326. (Repealed).

1972, c. 73, s. 28; 1977, c. 5, s. 14; 1982, c. 18, s. 137.

327. (Repealed).

1969, c. 84, s. 355; 1982, c. 18, s. 137.

328. (Repealed).

1969, c. 84, s. 356; 1971, c. 92, s. 6; 1973, c. 77, s. 100; 1982, c. 18, s. 137.

329. (Repealed).

1969, c. 84, s. 357; 1971, c. 90, s. 37; 1974, c. 82, s. 47; 1977, c. 5, s. 14; 1982, c. 18, s. 138; 1985, c. 31, s. 42; 1990, c. 4, s. 294; 1992, c. 61, s. 208.

330. The social benefits accrued to the credit of an officer or employee of the Government of Canada, of a provincial government, of a body or agency of such a government, of a university situated in Québec, of a municipality, of a school board, of the Conseil scolaire de l’île de Montréal, of Hydro-Québec, of the electrical services commission of the city of Montréal, of the Montréal transportation commission or of the Société de transport de la Communauté urbaine de Montréal in a plan or fund administered by one of such employers, by one of such employers and its employees or by a third party on behalf of such persons, shall be transferable upon the application of the officer or employee transferred to the employ of the Community or the Société de transport or viceversa, or upon the application of the concerned government or body, the whole upon the conditions fixed by the Régie des rentes du Québec.

The other social benefits, in particular vacation and sick leave, credited to an officer or employee of a government or body mentioned in the first paragraph who changes employment are also transferable, provided that the change of employment concerns the Community or the Société de transport. The conditions of the transfer of those social benefits are those agreed upon by the Community and the Société de transport and the government or other concerned body.

This section applies, with the necessary modifications, to the transfer of social benefits between the plans or funds of the Community.

Without prejudice to any powers which the Community may exercise at the time of the adoption of integration plans, the Community may enter into agreements with the aforesaid governments, municipalities and bodies for the purpose of ensuring payment of the aforesaid social benefits and of all other social benefits. Such agreements may also be entered into with third parties who administer the aforesaid plans or funds. When such agreements relate to social benefits accrued in a plan or fund, they must be approved by the Régie des rentes du Québec; in all other cases, they must be approved by the Minister.

The social benefits of employees which are transferable under this section or which may be the object of agreements provided for by this section, shall not become exigible by the mere fact that such employees have entered the service of the Community.

1969, c. 84, s. 358; 1971, c. 90, s. 38; 1971, c. 93, s. 16; 1972, c. 73, s, 29; 1974, c. 82, s. 48; 1977, c. 5, s. 14; 1977, c. 71, s. 6; 1982, c. 18, s. 139; 1985, c. 31, s. 42; 1988, c. 84, s. 565; 1989, c. 38, s. 282.

330.1. The Communauté urbaine de Montréal is authorized to establish and maintain the following supplemental pension plans:

(1)  the plan provided for in the memorandum of agreement of 27 August 1982 between the negotiating committee of Ville de Montréal and of the Communauté urbaine de Montréal and that of the Canadian Union of Public Employees, local section 301;

(2)  the plan provided for in the memorandum of agreement of 11 March 1983 between the negotiating committee of Ville de Montréal and of the Communauté urbaine de Montréal and that of the Syndicat des fonctionnaires municipaux de Montréal;

(3)  the plan provided for in the agreement of 27 June 1984 ratified by the Syndicat des architectes de la Ville de Montréal et de la Communauté urbaine de Montréal;

(4)  the plan provided for in the agreement of 11 July 1984 ratified by the Syndicat des professionnels de la Ville de Montréal et de la Communauté urbaine de Montréal;

(5)  the plan provided for in the agreement of 10 August 1984 ratified by the Syndicat professionnel des ingénieurs de la Ville de Montréal et de la Communauté urbaine de Montréal;

(6)  the plan provided for in the agreement of 21 August 1984 ratified by the Association des chimistes professionnels de la Ville de Montréal et de la Communauté urbaine de Montréal.

The by-law pertaining to the Régime de retraite des cadres de la Communauté urbaine de Montréal, bearing number 75 and passed by the Council on 19 December 1984, is ratified.

Each supplemental pension plan mentioned in the first paragraph is in force from the date mentioned in the memorandum of agreement or in the agreement providing therefor.

The Supplemental Pension Plans Act (chapter R-15.1) and the regulations shall continue to apply to the pension plans contemplated in this section, to the extent that they are not inconsistent with those pension plans.

1985, c. 31, s. 26; 1989, c. 38, s. 319; 1996, c. 2, s. 545.

330.2. The Community may enter into an agreement with a municipality listed in Schedule A, after consultation with the Association de bienfaisance et de retraite des policiers de la Communauté urbaine de Montréal constituted under chapter 110 of the statutes of 1977, in order that the pension benefits or benefits credited for the period from 1 January 1972 to 31 December 1977, under a supplemental pension plan or a pension plan in force on 31 December 1971 to which a police officer was contributing at the time of his transfer to the Service de police de la Communauté urbaine de Montréal, become an integral part of the pension or of the plan known as the “Régime de rentes des policiers et policières de la Communauté urbaine de Montréal” and to allow the plan to receive sums or securities from the fund of the plan of the municipality. Such an agreement becomes an integral part of the provisions of the Régime de rentes des policiers et policières de la Communauté urbaine de Montréal from the date of its signature and is appended thereto.

An agreement thus entered into is deemed to be in conformity with the Supplemental Pension Plans Act (chapter R-15.1).

1993, c. 68, s. 98.

331. The municipalities, whether covered by Schedule I or Schedule II to the Workmen’s Compensation Act (Revised Statutes, 1964, chapter 159) before 1 January 1972, are responsible with respect to their employees transferred to the Community for all the obligations provided for in such Act and its regulations and resulting from sickness or accidents covered by such Act which occurred before 1 January 1972.

Such municipalities are also responsible with respect to the said employees for every additional obligation entailed by the benefits granted by them on account of such sickness or accidents which occurred before 1 January 1972, and they must reimburse the Community for all expenses incurred by it from that date on account of such sickness or accidents.

By exception, Ville de LaSalle is so responsible with respect to every accident or sickness contemplated in this section which occurred before 1 January 1973.

1974, c. 82, s. 49; 1975, c. 87, s. 15; 1996, c. 2, s. 543.

332. For the purposes of this Act, the population of the territory of the Community is the sum of the populations of the municipalities whose territories are included in that of the Community.

1969, c. 84, s. 359; 1974, c. 82, s. 50; 1982, c. 18, s. 140; 1988, c. 19, s. 254; 1996, c. 2, s. 546.

332.1. The agreements entered into on 29 June 1982 and 1 October 1982, respectively, between the Commission de transport of the Communauté urbaine de Montréal and Canadian National Railways, in one case, and Canadian Pacific Limited, in the other case, in respect of the suburban train service between Montréal and Deux-Montagnes and that between Montréal and Rigaud, respectively, are deemed to have been validly made by the Commission and no action to contest the validity of the agreements is admissible on the ground that the Commission was not authorized to make them.

1986, c. 64, s. 13.

333. Unless otherwise provided, the Minister of Municipal Affairs and Greater Montréal shall be entrusted with the application of this act.

1969, c. 84, s. 370; 1971, c. 93, s. 17; 1999, c. 43, s. 13.

334. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

SCHEDULE A

MUNICIPALITIES WHOSE TERRITORIES FORM THE TERRITORY OF THE COMMUNITY

Ville d’Anjou, Ville de Baie-d’Urfé, Ville de Beaconsfield, Cité de Côte-Saint-Luc, Ville de Dollard-des-Ormeaux, Cité de Dorval, Ville de Hampstead, Ville de Kirkland, Ville de Lachine, Ville de LaSalle, Ville de L’Île-Bizard, Ville de L’Île-Dorval, Ville de Montréal, Ville de Montréal-Est, Ville de Montréal-Nord, Ville de Montréal-Ouest, Ville de Mont-Royal, Ville d’Outremont, Ville de Pierrefonds, Ville de Pointe-Claire, Ville de Roxboro, Ville de Sainte-Anne-de-Bellevue, Ville de Sainte-Geneviève, Ville de Saint-Laurent, Ville de Saint-Léonard, Ville de Saint-Pierre, Village de Senneville, Ville de Verdun, Ville de Westmount.

1969, c. 84, Schedule A, 1982, c. 18 s. 143; Notice of 17.07.82, (1982) 114 G.O. 1 (French), 6068; 1993, c. 68, s. 99; 1996, c. 2, s. 544.

SCHEDULE B

MUNICIPALITIES WHOSE TERRITORIES FORM THE TERRITORY OF THE SOCIÉTÉ

Ville d’Anjou, Ville de Baie-d’Urfé, Ville de Beaconsfield, Cité de Côte-Saint-Luc, Ville de Dollard-des-Ormeaux, Cité de Dorval, Ville de Hampstead, Ville de Kirkland, Ville de Lachine, Ville de LaSalle, Ville de L’Île-Bizard, Ville de Montréal, Ville de Montréal-Est, Ville de Montréal-Nord, Ville de Montréal-Ouest, Ville de Mont-Royal, Ville d’Outremont, Ville de Pierrefonds, Ville de Pointe-Claire, Ville de Roxboro, Ville de Sainte-Anne-de-Bellevue, Ville de Sainte-Geneviève, Ville de Saint-Laurent, Ville de Saint-Léonard, Ville de Saint-Pierre, Village de Senneville, Ville de Verdun, Ville de Westmount.

1969, c. 84, Schedule B, 1982, c. 18, s. 143; Notice of 17.07.82, (1982) 114 G.O. 1 (French), 6068; 1985, c. 31, s. 42; 1991, c. 32, s. 200; 1993, c. 68, s. 100; 1996, c. 2, s. 544; 1999, c. 40, s. 68.

SCHEDULE C

Immovables transferred to the Community

        Owner                        Immovable

City of Montréal    No. 8 station -- Île Ste-Hélène
City of Montréal    No. 9 station -- 944 St. Paul St west
City of Montréal    Station 1515 -- Camilien Houde Parkway.

1971, c. 93, s. 18.

SCHEDULE D

                                     Capital         Number of
 Name of the           Date of       sum to         the by-law
municipality        reimbursement   reimburse      or resolution

Town of Mont-Royal   1 Nov. 1975   $  284,000.          375
                     1 Nov. 1977       21,000.          415
                     1 Nov. 1988    1,505,000.          573
                     1 Nov. 1990      260,000.          544

Town of              1 Nov. 1972       47,000.           47
Pointe-aux-Trembles  1 Nov. 1972        1,000.           48
                     1 Nov. 1975       19,400.           52
                     1 Nov. 1975        7,900.           55
                     1 Nov. 1975        3,400.           56
                     1 Nov. 1977        1,800.           68
                     1 Nov. 1977      136,100.           69
                     1 Nov. 1977        9,000.           71
                     1 Nov. 1977       74,600.           73
                     1 Nov. 1977        2,300.           74
                     1 Nov. 1977       23,700.           77
                     1 Nov. 1988        1,500.          279
                     1 Nov. 1988          280.          282
                     1 Nov. 1988      177,000.          290
                     1 Nov. 1988          190.          291
                     1 Nov. 1988          600.          292
                     1 Nov. 1988          450.          293
                     1 Nov. 1988        2,500.          294
                     1 Nov. 1990        3,500.          255
                     1 Nov. 1990          500.          262
                     1 Nov. 1990          600.          265
                     1 Nov. 1990          600.          266
                     1 Nov. 1990          600.          267
                     1 Nov. 1990          600.          268
                     1 Nov. 1990          800.          272
                     1 Nov. 1990        1,100.          273
                     1 Nov. 1990          500.          274
                     1 Nov. 1990          600.          275
                     1 Nov. 1990          200.          276

Town of Hampstead    1 Nov. 1988      546,000.          211

City of              1 Nov. 1972       53,000.           39
Montréal-Nord        1 Nov. 1972       21,200.           40
                     1 Nov. 1972        3,100.           42
                     1 Nov. 1974       58,900.           43
                     1 Nov. 1974       84,100.           44
                     1 Nov. 1974       73,800.           45
                     1 Nov. 1974      160,900.           46
                     1 Nov. 1974        4,400.           47
                     1 Nov. 1975        9,300.           49
                     1 Nov. 1975       14,200.           50
                     1 Nov. 1975       69,900.           52
                     1 Nov. 1975       71,800.           53
                     1 Nov. 1977        4,400.           60
                     1 Nov. 1977          740.           61
                     1 Nov. 1977        3,400.           62
                     1 Nov. 1977        2,100.           63
                     1 Nov. 1977        2,500.           64
                     1 Nov. 1977        1,900.           65
                     1 Nov. 1977        2,800.           66
                     1 Nov. 1977        3,500.           67
                     1 Nov. 1977        6,800.           68
                     1 Nov. 1977        1,400.           69
                     1 Nov. 1977        1,110.           70
                     1 Nov. 1977       92,500.           72
                     1 Nov. 1977        4,100.           73
                     1 Nov. 1977        1,000.           74
                     1 Nov. 1977          850.           75
                     1 Nov. 1977      147,700.           76
                     1 Nov. 1977        4,100.           77
                     1 Nov. 1977        4,200.           79
                     1 Nov. 1977       42,300.           80
                     1 Nov. 1977        1,800.           82
                     1 Nov. 1977      151,700.           84

City of Montréal     1 Nov. 1972      299,000.           36
(former city of      1 Nov. 1972          782.80         39
Saint-Michel)        1 Nov. 1972      114,400.           38
                     1 Nov. 1974        5,900.           41
                     1 Nov. 1974       37,300.           43
                     1 Nov. 1975       43,900.           48
                     1 Nov. 1977        7,600.           56
                     1 Nov. 1977        9,200.           57
                     1 Nov. 1977       15,800.           58
                     1 Nov. 1977       47,600.           59
                     1 Nov. 1977       15,800.           60
                     1 Nov. 1977        9,100.           62
                     1 Nov. 1977      148,100.           66
                     1 Nov. 1977       89,000.           68
                     1 Nov. 1977       36,800.           69
                     1 Nov. 1988       62,100.          801
                     1 Nov. 1988        5,900.          816
                     1 Nov. 1988       55,000.          817
                     1 Nov. 1990      484,400.          807

1972, c. 73, Schedule.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 84 of the statutes of 1969, in force on 1 November 1980, is repealed, except sections 106 to 109, 309, 321 to 327, 329 to 334, 336, 337, 341, 362 to 369 and 371 to 374, effective from the coming into force of chapter C-37.2 of the Revised Statutes.