S-30.01 - Act respecting public transit authorities

Updated to 1 June 2012

This document has official status.

chapter S-30.01

Act respecting public transit authorities

TITLE I RULES GOVERNING PUBLIC TRANSIT AUTHORITIES

CHAPTER I ESTABLISHMENT, ORGANIZATION AND MANAGEMENT

DIVISION I ESTABLISHMENT

1. The following public transit authorities are hereby constituted as legal persons established in the public interest:

(1)  the “Société de transport de Montréal”, whose area of jurisdiction corresponds to the urban agglomeration of Montréal provided for in section 4 of the Act respecting the exercise of certain municipal powers in certain urban agglomerations (chapter E‐20.001);

(2)  the “Société de transport de Québec”, whose area of jurisdiction corresponds to the urban agglomeration of Québec provided for in section 5 of the Act respecting the exercise of certain municipal powers in certain urban agglomerations;

(3)  the “Société de transport de l’Outaouais”, whose area of jurisdiction corresponds to that of Ville de Gatineau;

(4)  the “Société de transport de Longueuil”, whose area of jurisdiction corresponds to the urban agglomeration of Longueuil provided for in section 6 of the Act respecting the exercise of certain municipal powers in certain urban agglomerations;

(5)  the “Société de transport de Lévis”, whose area of jurisdiction corresponds to that of Ville de Lévis;

(6)  the “Société de transport de Laval”, whose area of jurisdiction corresponds to that of Ville de Laval;

(7)  the “Société de transport de Trois-Rivières”, whose area of jurisdiction corresponds to that of Ville de Trois-Rivières;

(8)  the “Société de transport du Saguenay”, whose area of jurisdiction corresponds to that of Ville de Saguenay;

(9)  the “Société de transport de Sherbrooke”, whose area of jurisdiction corresponds to that of Ville de Sherbrooke.

A transit authority that chooses to use an acronym to refer to itself shall transmit a copy of the resolution to that effect to the enterprise registrar.

For the purposes of any provision of this Act that refers to the council of a city without naming the city, if the provision applies to Ville de Montréal, Ville de Québec or Ville de Longueuil, the reference is to its urban agglomeration council rather than its regular council. The same applies for a provision referring to the act of a city if the act is under the authority of the municipal council.

2001, c. 23, s. 1; 2001, c. 66, s. 1; 2002, c. 45, s. 701; 2005, c. 50, s. 79; 2007, c. 10, s. 29.

2. The head office of each transit authority shall be situated in its area of jurisdiction, at such place as it determines.

Notice of the location of the head office and of any change in its location shall be published in the Gazette officielle du Québec and in a newspaper distributed in its area of jurisdiction.

2001, c. 23, s. 2.

3. The mission of a transit authority is to provide various shared transportation services to ensure the mobility of persons within its area of jurisdiction and, to such extent as is provided for in a legislative provision, outside its area of jurisdiction.

For that purpose, the transit authority shall support public transportation and, where applicable, foster the integration of its various modes of shared transportation with those of any other legal person established in the public interest empowered by law or constituting act to operate a public transportation enterprise.

2001, c. 23, s. 3.

4. In the pursuit of its objects, a transit authority shall operate a public passenger transportation enterprise, providing in particular public bus transportation and shared taxi services.

2001, c. 23, s. 4.

5. A transit authority may also offer specialized services including

(1)  services adapted to the needs of mobility impaired persons ;

(2)  services adapted to the needs of elementary and secondary school students ;

(3)  services enabling a person to charter a bus or minibus ; and

(4)  services enabling a person to conduct guided tours.

A transit authority shall offer the services referred to in subparagraph 1 of the first paragraph in the case of handicapped persons. For such purpose, it may ensure the mobility of persons outside its area of jurisdiction, including in the area of jurisdiction of a transit authority with which it occupies the territory of a metropolitan community.

2001, c. 23, s. 5.

DIVISION II ORGANIZATION

§ 1 . — Composition of the board of directors

6. The powers of a transit authority shall be exercised by its board of directors which is composed of seven to nine members.

2001, c. 23, s. 6.

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

2001, c. 23, s. 7.

8. Despite section 6, the board of directors of the Société de transport de Montréal is composed of seven to ten members designated as follows:

(1)  Ville de Montréal, acting through its urban agglomeration council, shall designate a maximum of seven members from among the members of its regular council and the councils of the other municipalities whose territory is included in the urban agglomeration; and

(2)  Ville de Montréal, acting through its urban agglomeration council, shall designate three members from among the residents of the urban agglomeration, two of whom are users of the public transportation services and the other, a user of services adapted to the needs of handicapped persons.

The designation of two users of public transportation services provided for in subparagraph 2 of the first paragraph must bring to the board of directors at least one person who is under 35 years of age at the time of appointment.

2001, c. 23, s. 8; 2005, c. 50, s. 80; 2007, c. 10, s. 29; 2010, c. 18, s. 85.

9. Ville de Québec, acting through its urban agglomeration council, shall designate the members of the board of directors of the Société de transport de Québec from among the members of its regular council and the councils of the other municipalities whose territory is included in the urban agglomeration except for two members that it shall choose from among the residents of the urban agglomeration, one of whom shall be a user of the public transportation services and the other a user of services adapted to the needs of handicapped persons.

2001, c. 23, s. 9; 2005, c. 50, s. 81; 2007, c. 10, s. 29.

10. Ville de Gatineau shall designate the members of the board of directors of the Société de transport de l’Outaouais from among the members of its council except for two members that it shall choose from among its residents, one of whom shall be a user of the public transportation services and the other a user of services adapted to the needs of handicapped persons.

2001, c. 23, s. 10; 2001, c. 66, s. 3.

11. Despite section 6, the board of directors of the Société de transport de Longueuil is composed of 12 members designated as follows:

(1)  Ville de Longueuil, acting through its regular council, designates six members from that council;

(2)  Ville de Longueuil, acting through its urban agglomeration council, designates two members from among the residents of the urban agglomeration, one of whom is a user of the public transit system and one of whom is a user of services adapted to the needs of handicapped persons;

(3)  each of the other municipalities whose territory is included in the urban agglomeration designates one member from among its council members.

For the purposes of subparagraph 2 of the first paragraph, one of the users must be a resident of the central municipality and the other a resident of another municipality whose territory is included in the urban agglomeration.

2001, c. 23, s. 11; 2005, c. 50, s. 82; 2007, c. 10, s. 26.

12. Ville de Lévis shall designate the members of the board of directors of the Société de transport de Lévis from among the members of its council except for two members that it shall choose from among its residents, one of whom shall be a user of the public transportation services and the other a user of services adapted to the needs of handicapped persons.

2001, c. 23, s. 12.

13. Ville de Laval shall designate the members of the board of directors of the Société de transport de Laval from among the members of its council except for two members that it shall choose from among its residents, one of whom shall be a user of the public transportation services and the other a user of services adapted to the needs of handicapped persons.

2001, c. 23, s. 13.

14. Ville de Trois-Rivières shall designate the members of the board of directors of the Société de transport de Trois-Rivières from among the members of its council except for two members that it shall choose from among its residents, one of whom shall be a user of the public transportation services and the other a user of services adapted to the needs of handicapped persons.

2001, c. 23, s. 14; 2001, c. 66, s. 4.

15. Ville de Saguenay shall designate the members of the board of directors of the Société de transport du Saguenay from among the members of its council except for two members that it shall choose from among its residents, one of whom shall be a user of the public transportation services and the other a user of services adapted to the needs of handicapped persons.

2001, c. 23, s. 15; 2001, c. 66, s. 5.

16. Ville de Sherbrooke shall designate the members of the board of directors of the Société de transport de Sherbrooke from among the members of its council except for two members that it shall choose from among its residents, one of whom shall be a user of the public transportation services and the other a user of services adapted to the needs of handicapped persons.

2001, c. 23, s. 16; 2001, c. 66, s. 6.

16.1. For the purposes of sections 8 and 16, a person elected to the office of borough councillor is deemed to be a member, as the case may be, of the regular council of Ville de Montréal or the council of Ville de Sherbrooke for the application of this Act.

2001, c. 66, s. 7; 2005, c. 50, s. 83.

17. No member of a board of directors may attend a meeting before a copy of the resolution designating the member has been received by the secretary of the transit authority.

2001, c. 23, s. 17; 2001, c. 66, s. 8.

18. The term of office of a member of a board of directors shall not exceed four years. The term may be renewed.

Except in the case of resignation, a member shall remain in office, notwithstanding the expiry of the member’s term, until replaced or redesignated.

A member resigning shall sign a writing to that effect and send it to the secretary of the transit authority on whose board of directors the member sits and to the clerk of the city that designated the member. The resignation shall take effect from the date on which the secretary receives the writing or on any later date specified in the writing as the date on which the resignation is to take effect. The resignation of a member entails a vacancy in the office of that member.

2001, c. 23, s. 18; 2001, c. 66, s. 9.

19. A member of a board of directors ceases to be a member when he or she ceases to be a member of the council of the city that made the designation.

A member who fails to attend two consecutive meetings shall also cease to be a member. The member’s term of office is then deemed to terminate at the close of the third meeting, unless the absence is excused by the board of directors at that meeting. If the member’s absence is not excused, the secretary of the transit authority shall notify the clerk of the city that made the designation.

2001, c. 23, s. 19; 2001, c. 66, s. 10.

20. A member of a board of directors also ceases to be a member if the city revokes the member’s designation. The clerk of the city shall without delay notify the secretary of the transit authority of the revocation.

The office of the member is vacant as of the day of the revocation.

2001, c. 23, s. 20; 2001, c. 66, s. 11.

21. Upon the vacancy of the office of a member of the board of directors, the city shall designate a new member within 60 days of the vacancy. The term of office of the new member shall not exceed the term of office of the member being replaced.

2001, c. 23, s. 21; 2001, c. 66, s. 12.

22. The board of directors of a transit authority comprises the offices of chair and vice-chair. The holders of those offices shall be appointed, as the case may be, by the cities referred to in sections 8 to 16.

Except in the case of resignation, the chair and the vice-chair shall remain in office, notwithstanding the expiry of their term of office, until replaced or reappointed.

Section 18 applies to the resignation of the chair or vice-chair.

2001, c. 23, s. 22; 2001, c. 66, s. 13.

§ 2 . — Meetings of the board of directors

23. The chair shall preside at meetings of the board of directors and ensure that they are properly conducted. The chair shall maintain order and decorum at the meetings and may cause any person who disturbs order at a meeting to be expelled therefrom.

The chair shall ensure compliance with the laws that apply to the transit authority.

The chair is the representative of the transit authority.

2001, c. 23, s. 23.

24. The vice-chair presides, at the chair’s request, at meetings of the board of directors.

The vice-chair shall replace the chair if the chair is absent or unable to act in accordance with the internal by-laws. The by-laws may also provide for the replacement of the vice-chair if the vice-chair is absent or unable to preside at a meeting of the board of directors.

2001, c. 23, s. 24.

25. The board of directors may meet at any place in the transit authority’s area of jurisdiction.

2001, c. 23, s. 25.

26. The board of directors shall hold regular meetings at least ten times every year.

The board shall at its first meeting of the year adopt the schedule of its meetings for the whole year.

The secretary shall, within 15 days after the first meeting of the year, cause a notice to be published in a newspaper distributed in the transit authority’s area of jurisdiction indicating the dates, hours and place of the board’s regular meetings.

2001, c. 23, s. 26.

27. The meetings of the board of directors shall be convened by the secretary.

The secretary shall send the notice of convocation and the agenda to every member of the board at least 72 hours before the meeting is held by the means of transmitting information authorized by the internal by-laws.

A member present at a meeting of the board is presumed to waive the notice of convocation and is deemed to attend the entire meeting.

2001, c. 23, s. 27.

28. The board of directors shall also hold a special meeting at the written request of the chair, director general or at least three members.

The notice of convocation shall state the matters to be considered and be sent by the secretary to every member of the board at least 24 hours before the meeting is held.

2001, c. 23, s. 28.

29. Meetings are public.

2001, c. 23, s. 29.

30. The agenda for each meeting shall be prepared by the secretary and contain the matters referred by the chair, by the director general or by at least three members of the board, within the time fixed by the internal by-laws.

2001, c. 23, s. 30.

31. The secretary shall place the subject of a request signed by at least 250 residents in the transit authority’s area of jurisdiction on the agenda of the first meeting to be held after the request is received. The request shall be delivered to the secretary at least 15 days before the meeting is held.

Persons present at the meeting may address the members of the board of directors concerning that matter. A member may, however, surrender the right to reply to another member of the board.

2001, c. 23, s. 31.

32. The board of directors shall provide a question period at the beginning of every meeting during which persons present at the meeting may address oral questions to the members.

A transit authority may, in its internal by-laws, make rules to limit the number of questions per intervenor, their length and the total duration of the question period, which may not be less than one hour unless all the matters have been dealt with.

2001, c. 23, s. 32.

33. The secretary shall publish a prior notice of the holding of each regular meeting of the board of directors in a newspaper distributed in the transit authority’s area of jurisdiction. The notice shall be made at least five days before the meeting.

2001, c. 23, s. 33.

34. The quorum for meetings is a majority of the members.

2001, c. 23, s. 34.

35. Every member has one vote and is required to vote on every matter put to a vote, unless disqualified to vote ; sections 361 and 362 of the Act respecting elections and referendums in municipalities (chapter E-2.2) apply, with the necessary modifications, to the members of a board of directors because of an interest in the matter concerned.

The chair, however, has a casting vote in the event of a tie-vote.

2001, c. 23, s. 35.

36. Decisions shall be made by a majority of the votes cast.

2001, c. 23, s. 36.

37. Members may take part in any meeting by means of electronic communication equipment.

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

2001, c. 23, s. 37.

38. The minutes of the proceedings and votes shall be entered in a book kept for such purpose by the secretary. They must be signed by the secretary and the meeting chair.

The minutes of a meeting shall be read by the secretary and approved by the board of directors at a subsequent meeting which may not be later than the second meeting following. However, the secretary is dispensed from reading the minutes if a copy has been given to every member of the board.

2001, c. 23, s. 38.

39. The members of a board of directors may not be prosecuted by reason of official acts performed in good faith in the exercise of their functions.

Except on a question of jurisdiction, no extraordinary recourse under articles 834 to 846 of the Code of Civil Procedure (chapter C-25) may be exercised and no injunction may be granted against any transit authority or against any of the members of its board of directors in the exercise of their functions.

A judge of the Court of Appeal may, upon a motion, annul summarily any judgment, order or injunction issued or granted contrary to the second paragraph.

2001, c. 23, s. 39; 2001, c. 66, s. 14.

§ 3 . — Remuneration of the members of the board of directors

40. The board of directors shall fix, by by-law, the remuneration or indemnity of its members and the additional remuneration or indemnity of the chair and vice-chair of the transit authority. The by-law may have retroactive effect to 1 January of the year in which it was adopted and vary according to whether participation is at the meetings of the board or at one of its committees.

The indemnity shall be paid as reimbursement for the part of the expenses attached to the office which are not reimbursed pursuant to sections 43 and 44. The compensation may not exceed one-half of the remuneration.

However, the application of section 23 of the Act respecting the remuneration of elected municipal officers (chapter T-11.001) may prohibit a transit authority from paying remuneration or an indemnity or compel it to reduce the amount thereof. As well, contravening the Act respecting elections and referendums in municipalities (chapter E-2.2) may entail, for a member, the loss of remuneration or an indemnity if that person loses the right to attend the meetings of the board as a member.

2001, c. 23, s. 40.

41. The board of directors may, by by-law, prescribe the conditions under which the failure of a member to attend a meeting or to fulfil the obligation to vote at a meeting entails a reduction in the member’s remuneration or indemnity, and prescribe the rules for computing the reduction.

However, as regards salary, the pension plan, employment benefits and other conditions of employment, the chair or vice-chair of a transit authority who is replaced temporarily owing to absence or inability to act is deemed not to cease holding office while being replaced.

2001, c. 23, s. 41.

42. A member must, to perform an act committing the appropriations of a transit authority, be so authorized by by-law or resolution. The member may only spend up to the amount fixed.

2001, c. 23, s. 42.

43. A member who has incurred an expense in the exercise of the member’s functions that is chargeable to the transit authority is entitled, on presentation of a statement and vouchers, to be reimbursed by the transit authority up to, where applicable, the maximum amount fixed in the authorization.

2001, c. 23, s. 43.

44. The board of directors may, by by-law, establish a tariff that applies where expenses chargeable to the transit authority are incurred for any class of act performed in Québec for a purpose other than travel outside Québec, and prescribe the voucher that must be presented to prove that such an act was performed.

2001, c. 23, s. 44.

45. Notwithstanding section 44, the board of directors may fix the maximum amount of expenses allowed where it authorizes one of its members to perform an act covered by the tariff or, where applicable, in a class for which appropriations are provided in the budget.

2001, c. 23, s. 45.

§ 4 . — Secretary and treasurer

46. The board of directors shall, on the recommendation of the director general, appoint the secretary of the transit authority and fix the secretary’s remuneration, employment benefits and conditions of employment.

The secretary may not be a member of the board.

The secretary shall have custody of the documents and records of the transit authority. The secretary shall attend all the meetings of the board and draw up the minutes.

The secretary shall perform such other function as the board may entrust to the secretary.

Section 39 applies to the secretary, with the necessary modifications.

2001, c. 23, s. 46.

47. The board of directors shall, on the recommendation of the director general, appoint the treasurer of the transit authority and fix the treasurer’s remuneration, employment benefits and conditions of employment.

The treasurer may not be a member of the board.

The treasurer shall have custody of the transit authority’s accounting records.

The treasurer shall perform such other function as the board may entrust to the treasurer.

Section 39 applies to the treasurer, with the necessary modifications.

2001, c. 23, s. 47.

§ 5 . — Decisions and by-laws of the board of directors

48. An act, document or writing is binding on the transit authority only if it is signed by the chair or vice-chair or by the director general or an employee and, in the latter case, only to the extent determined by a by-law of the transit authority published in a newspaper distributed in its area of jurisdiction.

The transit authority may allow, subject to the conditions and on the documents it determines, that a signature be affixed by means of an automatic device or that a facsimile of a signature be engraved, lithographed or printed. However, the facsimile shall have the same force as the signature itself only if the document is countersigned by a person authorized by a by-law of the transit authority published in a newspaper distributed in its area of jurisdiction.

2001, c. 23, s. 48; 2001, c. 66, s. 15.

49. The board of directors may, in its internal by-laws, regulate the exercise of its powers and the other aspects of its internal management.

2001, c. 23, s. 49.

50. A copy of every draft by-law to be considered at a meeting must be included with the notice of convocation for that meeting. However, if the consideration of the draft by-law is deferred to a subsequent meeting, it is not necessary for a copy of the draft-by-law to be included.

2001, c. 23, s. 50.

51. To be authentic, the original of a by-law must be signed by the chair and by the secretary.

2001, c. 23, s. 51.

52. A transit authority shall keep the original of every by-law in a book.

The secretary shall have custody of the by-laws and attach thereto a statement attesting publication.

2001, c. 23, s. 52.

53. A by-law of a transit authority comes into force on the fifteenth day following the date of its publication in a newspaper distributed in its area of jurisdiction or on any later date mentioned therein.

Notwithstanding the first paragraph, any by-law referred to in sections 40 to 42, 44 or 123 need not be published in a newspaper and comes into force on the date mentioned therein.

2001, c. 23, s. 53.

54. Every by-law of a transit authority is considered public law and does not need to be specially pleaded.

2001, c. 23, s. 54.

§ 6 . — Advisory committees

55. The board of directors may form any advisory committee to examine any matter referred to it by the board and to make any recommendations it considers appropriate to the board.

2001, c. 23, s. 55.

56. Every advisory committee shall be composed of at least three and not more than seven members. It may be composed wholly or in part of members of the board of directors.

The chair of every committee shall be appointed by the board of directors from among its designated members.

2001, c. 23, s. 56.

57. Every committee meeting is public.

2001, c. 23, s. 57.

58. The secretary of a transit authority shall publish a notice of the holding of every meeting of a committee in a newspaper distributed in its area of jurisdiction at least two days before the meeting is held.

The committee meeting must include a period during which persons present at the meeting may address oral questions to the members of the committee.

2001, c. 23, s. 58.

59. The board of directors may determine the exercise of the functions of a committee and the other aspects of the committee’s internal management.

2001, c. 23, s. 59.

§ 7 . — Technical committees

60. The board of directors may form any technical committee it considers appropriate. The board shall determine the composition, operation and mandate of the committee.

2001, c. 23, s. 60.

DIVISION III MANAGEMENT

§ 1 . — Director general

61. The board of directors shall appoint the director general for a term of office of not more than five years. The term may be renewed.

Section 39 applies, with the necessary modifications, to the director general.

2001, c. 23, s. 61.

62. The board of directors shall fix the remuneration, employment benefits and other conditions of employment of the director general.

2001, c. 23, s. 62.

63. The director general shall exercise his or her functions full-time and shall not hold any other remunerated employment or occupation except with the express authorization of the board.

2001, c. 23, s. 63.

64. The office of director general is incompatible with the office of member of the board of directors or member of the council of a city or metropolitan community.

For the purposes of the first paragraph and despite the third paragraph of section 1, a reference to the council of a city is a reference, in the case of a public transit authority referred to in any of subparagraphs 1, 2 and 4 of the first paragraph of that section, to the council of any municipality whose territory is included in the area of jurisdiction of the public transit authority.

2001, c. 23, s. 64; 2001, c. 66, s. 17; 2005, c. 50, s. 84.

65. Under the authority of the board of directors, the director general shall

(1)  direct the activities of the transit authority and manage the board’s current business ;

(2)  direct and manage the human, financial, informational and material resources ;

(3)  see to it that the decisions and by-laws are applied ;

(4)  prepare annually a draft budget and a three-year program of capital expenditures and submit them to the board of directors ;

(5)  prepare proposals for fares and rates, routes and service standards and submit them to the board of directors ;

(6)  exercise such other function as the board of directors may assign to the director general.

The director general may delegate all or part of the powers referred to in subparagraph 2 of the first paragraph to an employee under his or her authority.

2001, c. 23, s. 65.

66. The director general shall attend the meetings of the board of directors and has the right to speak.

2001, c. 23, s. 66.

67. If the director general is absent, or is unable or refuses to act, the board of directors shall appoint a person to replace the director general temporarily.

However, the internal by-laws of a transit authority may provide for a temporary absence of the director general and authorize the director general to delegate all or part of the powers and functions to a person the director general chooses. The by-law may determine the maximum period of temporary absence, not to exceed six months, and the conditions for the validity of the delegation.

2001, c. 23, s. 67.

68. Any vacancy in the office of the director general shall be filled within 60 days by the board of directors.

2001, c. 23, s. 68.

§ 2 . — Human resources

69. The employees, including, where applicable, the assistant secretary and the assistant treasurer, shall be appointed according to the staffing plan and standards established by resolution of the board. The staffing plan shall also determine the standards and scales of remuneration, employment benefits and other conditions of employment.

2001, c. 23, s. 69.

70. In no case may the employees, on pain of forfeiture of office, have a direct or indirect interest in an enterprise that causes their personal interest to conflict with that of the transit authority. However, forfeiture is not incurred where the interest devolves to them by succession or gift, provided that it is renounced or disposed of with dispatch.

2001, c. 23, s. 70.

71. A transit authority may establish, participate in and contribute to employment benefit programs on behalf of its employees, their spouses and children. The transit authority may pay premiums for them accordingly.

Those programs may consist of relief or retirement funds, pension plans or group insurance plans and may vary according to whether they apply to senior staff members or employees. The Supplemental Pension Plans Act (chapter R-15.1) applies to retirement funds and pension plans. Relief funds must be approved by the Autorité des marchés financiers.

The renewal of any contract referred to in this section including a group insurance plan is subject to no awarding formality under this Act.

2001, c. 23, s. 71; 2002, c. 45, s. 702; 2004, c. 37, s. 90.

72. Two-thirds of the votes cast at a meeting of the board of directors are required in order that the board may dismiss, suspend without pay or reduce the salary of an employee who is not an employee within the meaning of the Labour Code (chapter C-27) and who has held a position for at least six months or has held, within the transit authority, a position the holder of which is not such an employee.

2001, c. 23, s. 72.

73. A resolution dismissing, suspending without pay or reducing the salary of an employee referred to in section 72 shall be served on the employee in the same manner as a summons under the Code of Civil Procedure (chapter C-25).

A person on whom a measure described in the first paragraph has been imposed may, within 30 days following service of the resolution, file a complaint in writing with the Commission des relations du travail established under the Labour Code (chapter C-27) so that it may make an inquiry and dispose of the complaint.

2001, c. 23, s. 73; 2001, c. 26, s. 201.

74. The provisions of the Labour Code (chapter C-27) respecting the Commission des relations du travail, its commissioners, their decisions and the exercise of their jurisdiction, and section 100.12 of the Code apply with the necessary modifications, except sections 15 to 19.

2001, c. 23, s. 74; 2001, c. 26, s. 201.

75. The Commission des relations du travail may

(1)  order the transit authority to reinstate the employee ;

(2)  order the transit authority to pay to the employee an indemnity up to a maximum amount equivalent to the salary the employee would normally have received had there been no such measure ;

(3)  render any other decision the Commission believes fair and reasonable, taking into account all the circumstances of the matter, and in particular order the transit authority to pay to the employee compensation up to a maximum amount equivalent to the amount the employee disbursed to exercise the recourse.

2001, c. 23, s. 75; 2001, c. 26, s. 201.

76. Sections 72 to 75 do not apply to a suspension without pay unless the suspension is for more than 20 working days or the suspension, whatever its duration, occurs within 12 months after the expiry of a suspension without pay for more than 20 working days.

2001, c. 23, s. 76.

77. A person employed by a government or a public body who becomes employed by a public transit authority may ask for a transfer, subject to the conditions fixed by the Régie des rentes du Québec, of the employment benefits accrued to the credit of the person in a plan or a fund administered, in whole or in part, by the person’s previous employer. The same applies to an employee of a transit authority who becomes employed by a government or a public body.

The other employment benefits, in particular vacation and sick leave, credited to a person referred to in the first paragraph shall not be transferable.

A transit authority may enter into agreements for the purposes of this section. When such agreements relate to employment 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 of Municipal Affairs, Regions and Land Occupancy.

The employment benefits referred to in this section shall not become exigible by the mere fact that an employee has entered the service of a new employer.

2001, c. 23, s. 77; 2001, c. 66, s. 18; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

CHAPTER II FUNCTIONS AND POWERS

DIVISION I POWERS AS REGARDS SERVICE ORGANIZATION

78. A transit authority shall operate a public transportation enterprise in its area of jurisdiction but may provide service links to places outside that area.

For those purposes, the transit authority may use any public highway it considers necessary for the establishment, at its discretion, of its lines and routes.

2001, c. 23, s. 78.

79. A decision concerning the establishment, modification or elimination of a line or of a route shall come into effect on the fifteenth day following the date of its publication in a newspaper distributed in the transit authority’s area of jurisdiction or on any later date fixed by the board.

The director general may, if he or she believes the transit authority’s public transportation services are or may be disrupted, make any provisional decision in respect of a line or route.

2001, c. 23, s. 79.

80. A transit authority is not under the authority of the Commission des transports du Québec as concerns its public transportation services as a whole, its lines, routes, fares and rates except if a service is provided outside its area of jurisdiction by a transportation enterprise acquired or controlled by the transit authority.

The Commission may not issue a permit for bus or minibus transportation authorizing the operation of a transportation service in all or part of a transit authority’s area of jurisdiction or modify such a permit without notifying the transit authority. The transit authority has 30 days to intervene.

2001, c. 23, s. 80.

81. A transit authority may enter into a contract with the holder of a bus transportation permit or a school bus carrier for the provision of certain of its services, other than services adapted to the needs of mobility impaired persons. The contract is not subject to a formal awarding procedure.

The transit authority may also enter into a shared transportation services contract with the holder of a taxi owner’s permit without requiring specific authorization by an order referred to in the first paragraph of section 7 of the Act respecting transportation services by taxi (chapter S-6.01).

2001, c. 23, s. 81.

82. A transit authority may enter into a contract with a legal person established in the public interest that is authorized to operate a public transportation enterprise for the provision of certain of its services to that person.

2001, c. 23, s. 82.

83. A transit authority may provide services adapted to the needs of mobility impaired persons or enter into a contract for the provision of such services with any carrier, any taxi permit holder or any service association comprising such holders.

Where the services are intended for handicapped persons, a contract under this section is not subject to a formal awarding procedure. In addition, the members of the board of directors of a transit authority may unanimously request the entreprise registrar to constitute, by letters patent, a non-profit legal person having as its primary object the operation, on behalf of the transit authority, of transportation services adapted to the needs of handicapped persons. The transit authority may also, if all the members consent thereto, enter into a contract with a non-profit legal person whose primary object is to provide transportation services adapted to the needs of handicapped persons.

At least one member of the transit authority shall sit on the board of directors of a legal person referred to in the second paragraph and the transit authority shall assume any operating deficit.

2001, c. 23, s. 83; 2002, c. 45, s. 701.

84. A transit authority may enter into a student transportation contract within the framework of the Education Act (chapter I-13.3) and the Act respecting private education (chapter E-9.1).

For the purposes of the first paragraph, a transit authority may serve the whole territory of a school board provided that part of that territory is situated within its area of jurisdiction.

2001, c. 23, s. 84.

85. A transit authority may operate a chartered tourist transportation service or a shuttle service. The service may be supplied in part outside its area of jurisdiction.

2001, c. 23, s. 85.

86. A transit authority has all the powers of a legal person to carry out any other commercial activity related to its public transportation enterprise.

2001, c. 23, s. 86.

87. A transit authority may enter into an agreement with a city, any of its boroughs or a municipality for the carrying out of work on a public highway so as to facilitate the operation of its lines and routes.

A transit authority may, in particular,

(1)  designate traffic lanes reserved for the exclusive use of certain classes of road vehicles or of road vehicles carrying a specified number of passengers ;

(2)  enter into contracts with the person responsible for the maintenance of a public highway providing for the compensation of all or part of the cost of establishing, maintaining and operating such reserved lanes and take any measure to ensure the safe use of the reserved lanes.

2001, c. 23, s. 87.

88. A transit authority may take any measure it considers appropriate to promote the organization and functioning of public transportation services not operated by the transit authority, and provide support services to users of such transportation services and to the persons organizing them.

2001, c. 23, s. 88.

89. A transit authority may give any other legal person established in the public interest the mandate to acquire property or any service on its behalf.

The transit authority may accept such a mandate from the legal person where it intends to acquire property or any service for itself.

The mandates given under this section shall be given by gratuitous title. The Minister may authorize the transit authority to make a purchase referred to in this section without any formal contract awarding procedure.

2001, c. 23, s. 89.

90. A transit authority shall establish, by by-law, different transportation tickets and set the fares and rates according to the terms and conditions and for the classes of users it determines.

The secretary shall publish the fares and rates in a newspaper distributed in the transit authority’s area of jurisdiction and post them in the transit authority’s vehicles. The fares and rates come into force on the thirtieth day following the publication or on any later date specified therein.

However, where the transit authority is of the opinion that exceptional circumstances so warrant, the fares and rates may come into force as of the tenth day after their publication provided the transit authority also publishes the reasons for its decision.

2001, c. 23, s. 90.

91. Notwithstanding article 934 of the Civil Code, a transit authority becomes the owner of a thing found in an immovable or in the rolling stock of the transit authority if the owner of the thing does not claim it within 15 days of it being found.

A transit authority may, by by-law, establish the manner of disposal of things found. The by-law shall be published in a newspaper distributed in its area of jurisdiction.

A transit authority is exempt from liability towards the owners of things found in its immovables or in its rolling stock.

2001, c. 23, s. 91; 2001, c. 66, s. 19.

92. A transit authority may, with the authorization of the city which adopts its budget, expropriate any property in accordance with the provisions of the Expropriation Act (chapter E-24), within or outside its area of jurisdiction, which it requires to achieve its mission.

2001, c. 23, s. 92; 2001, c. 66, s. 20.

DIVISION II CONTRACTUAL POWERS

92.1. If a contract involves an expenditure of $100,000 or more, the transit authority must establish an estimate of the price before any tenders are opened or the contract is entered into.

2010, c. 1, s. 54.

92.2. The transit authority must publish and keep up to date on the internet, a list of the contracts it enters into that involve an expenditure of $25,000 or more. However, employment contracts need not be included in the list.

The list must be updated at least once a month. It must contain, in respect of each contract, the following information:

(1)  if the contract involves an expenditure of $100,000 or more, the price of the contract as estimated by the transit authority in accordance with section 92.1;

(2)  the price of the contract, the name of the person with whom it was entered into, and, if the contract contains a renewal option, the total expenditure that would be incurred if all the options were exercised; and

(3)  the object of the contract.

If the contract is subject to a rule governing the awarding of contracts set out in section 93 or in the regulation under section 100 or 103.1, the list must also contain

(1)  the name of each tenderer;

(2)  the amount of each tender; and

(3)  the identification of any tender, lower than the accepted tender, that was considered non-compliant.

If the contract is entered into by mutual agreement, the list must mention, if applicable, the legislative provision or the provision of the regulation under section 100 under which the contract could be awarded without a call for tenders.

In all cases, the list must also state, as soon as possible after the execution of the contract, the total expenditure actually incurred.

The information required under the second, third, fourth and fifth paragraphs with respect to a contract must remain on the Internet for at least three years after the date on which the information required under the fifth paragraph is posted.

2010, c. 1, s. 54; 2010, c. 18, s. 86; 2010, c. 42, s. 32.

92.3. The list described in section 92.2 must be published by means of the electronic tendering system approved by the Government for the purposes of the Act respecting contracting by public bodies (chapter C-65.1).

The transit authority must also permanently post on its website a statement concerning the publication requirement under the first paragraph and a hyperlink to the list.

2010, c. 1, s. 54; 2010, c. 18, s. 87.

92.4. (Repealed).

2010, c. 1, s. 54; 2010, c. 18, s. 88.

93. The following contracts may be awarded only in accordance with section 95 if they involve an expenditure of $100,000 or more:

(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 professional services

(a)  referred to in section 101;

(b)  necessary for the purposes of a proceeding before a tribunal, a body or a person exercising judicial or adjudicative functions.

Contracts referred to in any of the subparagraphs of the first paragraph or in section 101 may be awarded only in accordance with section 94 if they involve an expenditure of at least $25,000 and of less than $100,000.

2001, c. 23, s. 93; 2002, c. 37, s. 266; 2003, c. 19, s. 220; 2006, c. 60, s. 112.

94. Any contract involving an expenditure of less than $100,000, from among the contracts referred to in the second paragraph of section 93, 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.

The first sentence of the fourth paragraph and the sixth, seventh and eighth paragraphs of section 95 apply to the awarding of a contract referred to in the first paragraph of this section.

2001, c. 23, s. 94; 2002, c. 37, s. 266.

95. Any contract involving an expenditure of $100,000 or more, from among the contracts referred to in the first paragraph of section 93, may be awarded only after a call for tenders by way of an advertisement published in a newspaper circulated in the transit authority’s area of jurisdiction.

A call for public tenders for a construction, supply or services contract must

(1)  be published by means of the electronic tendering system approved by the Government for the purposes of the Act respecting contracting by public bodies (chapter C-65.1) and in a newspaper circulated in the transit authority’s area of jurisdiction or, if there is no such newspaper, in a publication specialized in the field and sold mainly in Québec; and

(2)  provide that any document to which it refers and any additional related document may only be obtained by means of that system.

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;

(3)  “services contract” means a contract for supplying services that may include the supply of parts or materials necessary to the supply.

The time limit for receipt of tenders must not be 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 that meet one of the following conditions will be considered:

(1)  they are submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a territory covered by an intergovernmental agreement on the opening of public procurement applicable to the transit authority;

(2)  the goods concerned are produced in the territory comprising Québec and any such territory.

Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and until the opening of tenders, no member of the board of directors or employee of the transit authority may disclose information that may be used to determine the number of persons or the identity of the persons who have submitted a tender or requested a copy of the call for tenders, of a document to which it refers or of an additional related document. The prohibition with respect to disclosing information also applies to the operator of the electronic tendering system described in the second paragraph and the operator’s employees, except with respect to information that may be used to determine the identity of a person who requested a copy of any of those documents, provided that person expressly authorized the operator to disclose such information. 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 sections 96 and 96.1, a transit authority may not, without the prior authorization of the Minister of Municipal Affairs, Regions and Land Occupancy, 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 transit authority may, without that authorization, 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.

2001, c. 23, s. 95; 2001, c. 66, s. 21; 2002, c. 37, s. 266; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 87, s. 109; 2010, c. 18, s. 89; 2010, c. 1, s. 55; 2010, c. 18, s. 89.

96. Subject to section 96.1, a transit authority 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 or quantity 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 transit authority 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 transit authority 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 95, the bid having obtained the highest score shall be considered to be the lowest tender.

2001, c. 23, s. 96; 2002, c. 37, s. 267.

96.1. Where a contract for professional services is to be awarded, a transit authority must use a system of bid weighting and evaluating whose establishment and operation are consistent with the following rules:

(1)  the system must have a minimum of four evaluation criteria in addition to price;

(2)  the system must provide for the maximum number of points that may be assigned to a tender for each of the criteria other than price; that number may not be greater than 30 out of a total of 100 points that may be assigned to a tender for all the criteria;

(3)  the transit authority shall establish a selection committee consisting of at least three members, other than members of the board of directors, which must

(a)  evaluate each tender without knowing the price;

(b)  assign a number of points to the tender for each criterion;

(c)  establish an interim score for each tender by adding the points obtained for all the criteria;

(d)  as regards the envelopes containing the proposed price, open only those envelopes from persons whose tender has obtained an interim score of at least 70, and return the other envelopes unopened to the senders, notwithstanding the seventh paragraph of section 95;

(e)  establish the final score for each tender that has obtained an interim score of at least 70, by dividing the product obtained by multiplying the interim score increased by 50 by 10,000, by the proposed price.

The call for tenders or a document to which it refers must mention all the requirements and all the criteria that will be used to evaluate the bids, in particular the minimum interim score of 70, and the bid weighting and evaluating methods based on those criteria. The call for tenders or the document, as the case may be, must specify that the tender is to be submitted in an envelope containing all the documents and an envelope containing the proposed price.

The transit authority shall not award the contract to a person other than

(1)  the person whose bid was received within the time fixed and obtained the highest final score, subject to subparagraphs 2 and 3;

(2)  where subparagraph 1 applies to more than one person, the person tendering the lowest price, subject to subparagraph 3;

(3)  where subparagraph 2 applies to more than one person, the person favoured by a drawing of lots.

For the purposes of the second sentence of the eighth paragraph of section 95, the tender of the person determined under the third paragraph shall be considered to be the lowest tender.

The transit authority may adopt a by-law delegating the power to establish a selection committee to an employee and setting the conditions and procedures for the exercise of the delegated power.

Where a contract not covered by the first paragraph is to be awarded, a transit authority may choose to use a system whose establishment and operation are consistent with the rules set out in that paragraph. In such a case, the second, third, fourth and fifth paragraphs apply.

2002, c. 37, s. 268; 2006, c. 60, s. 113.

97. A transit authority 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 transit authority establishes a qualification process solely for the purpose of awarding a contract referred to in the second paragraph of section 95, 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 95.

The transit authority 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 95.

2001, c. 23, s. 97.

98. 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 97.

The first paragraph does not apply where, under the process provided for in section 97, only one insurer, supplier or contractor has become qualified.

2001, c. 23, s. 98.

99. Subject to the fifth and eighth paragraphs of section 95 and sections 100 and 103.1, 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.

2001, c. 23, s. 99; 2010, c. 1, s. 56.

100. The Government shall, by regulation, establish the rules relating to the awarding of a contract referred to in section 101.

The regulation must determine the procedure for awarding such a contract, requiring it to be awarded after a call for public tenders published in an electronic tendering system approved by the Government, after the use of a register of suppliers or according to any other procedure it specifies, including the choice of the contracting party by agreement. The regulation must also provide for the cases where the first sentence of the eighth paragraph of section 95 or subsection 7 of section 573 of the Cities and Towns Act (chapter C-19) applies to a contract covered by the regulation.

The regulation may prescribe categories of contracts, professional services, awarding procedures, amounts of expenditures or territories for calls for tenders, combine categories and make different rules according to the categories or combinations. It may also provide in which cases, when a system of bid weighting and evaluating is used, it is not necessary for price to be one of the evaluation criteria and provide for the cases where a transit authority must, to award a contract, obtain the authorization or approval of the Government or one of its ministers or bodies, or comply with any rules they have established governing the awarding of contracts.

Where the regulation determines that the contract is to be awarded after the use of a register of suppliers, it must designate the body responsible for the establishment of the register and for its management and financing and must set out, in particular, the rules that apply to the registration of suppliers and to their selection as suppliers who may tender.

The regulation may, in respect of the contracts it specifies, establish a rate schedule fixing the maximum hourly rate that may be paid by a transit authority.

2001, c. 23, s. 100; 2002, c. 37, s. 269.

101. A contract for the supply of services that can, under an Act or a regulation, be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered professional accountant, advocate or notary, except if the service is necessary for the purposes of a proceeding before a tribunal, a body or a person exercising judicial or adjudicative functions, if it involves an expenditure of $100,000 or more or an expenditure of less than that amount where the regulation so provides, must be awarded in accordance with the regulation under section 100.

2001, c. 23, s. 101; 2002, c. 37, s. 270; 2006, c. 60, s. 114; 2012, c. 11, s. 33.

101.1. Sections 93 and 101 do not apply to a contract

(1)  whose object is the supply of equipment, materials or 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 insurance, equipment, materials or services and that is entered into with a non-profit organization, 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), or a supplier found, after thorough and documented verification, to be the only one in all the territories covered by an intergovernmental agreement on the opening of public procurement applicable to the transit authority that is in a position to provide the equipment, materials or services, or, if the object of the contract is the providing of professional services referred to in section 101, the only one within Québec that is in a position to provide the services;

(3)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or another fluid and that is entered into with the owner of the mains or installations or with a public utility, for a price corresponding to the price usually charged by an undertaking generally performing such work;

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

(5)  whose object is the maintenance of specialized equipment that must be carried out by the manufacturer or its representative;

(6)  whose object is the supply of bulk trucking services and that is entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12);

(7)  whose object is the supply of movable property or services related to cultural or artistic fields or the supply of subscriptions or computer software for educational purposes;

(8)  whose object is the supply of media space for the purposes of a publicity or promotional campaign;

(9)  whose object is the supply of materials or equipment and that is entered into in circumstances that are exceptionally advantageous for the transit authority, such as the bankruptcy or liquidation of the supplier; or

(10)  whose object, stemming from the use of a software package or software product, is to

(a)  ensure compatibility with existing systems, software packages or software products;

(b)  ensure the protection of exclusive rights such as copyrights, patents or exclusive licences;

(c)  carry out research and development; or

(d)  produce a prototype or original concept.

If a professional services contract for the drawing up of plans and specifications was the subject of a call for tenders, the second paragraph of section 93 and section 101 do not apply to a contract entered into with the designer of those plans and specifications for

(1)  their adaptation or modification for the carrying out of the work for the purposes for which they were prepared; or

(2)  the supervision of the work related to such modification or adaptation or, within the scope of a fixed-price contract, related to an extension of the duration of the work.

The second paragraph of section 93 does not apply to a contract covered by the regulation in force made under section 100.

2006, c. 60, s. 115; 2010, c. 18, s. 90; 2010, c. 42, s. 33.

102. A transit authority may not divide into several contracts having similar subject-matter an insurance contract or a contract for the performance of work, the supply of equipment or materials or the providing of services other than professional services necessary for the purposes of a proceeding before a tribunal, a body or a person exercising judicial or adjudicative functions, unless the division is warranted on grounds of sound administration.

2001, c. 23, s. 102.

102.1. A transit authority may not amend a contract awarded following a call for tenders unless the amendment is accessory and does not change the nature of the contract.

2010, c. 18, s. 91.

103. Subject to the third paragraph of section 89, the Minister of Municipal Affairs, Regions and Land Occupancy may, on the conditions determined by the Minister, allow the transit authority to award a contract without calling for tenders or without being required to award it in accordance with a regulation made under section 100 or 103.1, allow the transit authority to award a contract after a call for tenders made by written invitation rather than by advertisement in a newspaper or rather than in accordance with that regulation, or allow the transit authority to award a contract to the winner of a design competition it holds. The Minister of Municipal Affairs, Regions and Land Occupancy may, on his or her own initiative, exercise that power in respect of all the transit authorities or a category of them as regards a contract or a class of contracts.

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

2001, c. 23, s. 103; 2002, c. 37, s. 271; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2010, c. 1, s. 57; 2010, c. 18, s. 92.

103.1. In compliance with any applicable intergovernmental agreement on the opening of public procurement, the Government may make regulations to

(1)  determine any authorization, condition or rule relating to the awarding of contracts, in addition to those set out or provided for in this Act, to which a contract is subject;

(2)  determine the documents relating to compliance with certain Acts and regulations that a person interested in entering into a contract with a transit authority or a subcontract related to such a contract must hold, and the cases, conditions and manner in or on which they are to be obtained, held and filed; and

(3)  determine the regulatory provisions made under this section the contravention of which constitutes an offence.

The regulation may prescribe categories of contracts or transit authorities, combine categories, determine different authorizations, conditions or rules relating to the awarding of contracts, according to the categories or combinations.

The regulation may apply to any contract entered into by a transit authority, including a contract that is not described in any of the subparagraphs of the first paragraph of section 93 or in section 101.

The Minister of Revenue is responsible for the administration and carrying out of the regulatory provisions made under subparagraphs 2 and 3 of the first paragraph if so provided in the regulation. To that end, the Tax Administration Act (chapter A-6.002) applies with the necessary modifications.

An employee of the Commission de la construction du Québec, the Commission de la santé et de la sécurité du travail or the Régie du bâtiment du Québec authorized by the Minister of Revenue may exercise the functions and powers of the Minister relating to the administration and carrying out of the regulatory provisions referred to in the fourth paragraph.

2010, c. 1, s. 58; 2011, c. 18, s. 58.

103.1.1. Every person who contravenes a regulatory provision the contravention of which constitutes an offence under subparagraph 3 of the first paragraph of section 103.1 is liable to a fine of $500 to $5,000.

In the case of a second or subsequent conviction, the minimum and maximum fines are doubled.

2011, c. 18, s. 59.

103.2. A transit authority must adopt a contract management policy.

Such a policy is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of section 93 or in section 101.

The contract management policy must include

(1)  measures to ensure that no tenderer or representative of a tenderer has communicated or attempted to communicate with a member of the selection committee in order to influence the member concerning the call for tenders for which the tenderer or representative submitted a tender;

(2)  measures to promote compliance with applicable anti-bid-rigging legislation;

(3)  measures to ensure compliance with the Lobbying Transparency and Ethics Act (chapter T-11.011) and the Code of Conduct for Lobbyists (chapter T-11.011, r. 2) adopted under that Act;

(4)  measures to prevent intimidation, influence peddling and corruption;

(5)  measures to prevent conflict of interest situations;

(6)  measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract; and

(7)  measures to govern the making of decisions authorizing the amendment of a contract.

The transit authority must make its policy available at all times by publishing it on its website.

Not later than 30 days after the day on which the policy or any resolution amending the policy is adopted, the secretary must send a certified copy of it to the Minister of Municipal Affairs, Regions and Land Occupancy.

As regards non-compliance with a measure included in the contract management policy, section 108.2 applies only in the case of a contract for which the awarding process began after the date as of which the measure was included in the policy.

2010, c. 1, s. 58; 2010, c. 18, s. 93; 2010, c. 42, s. 34.

104. A transit authority may obtain any movable property or service from or through the Centre de services partagés du Québec established by the Act respecting the Centre de services partagés du Québec (chapter C‐8.1.1).

To the extent that the terms of any agreement on the opening of public procurement applicable to a transit authority are observed, sections 93 and 101 and the regulation made under section 103.1 do not apply to contracts entered into by a transit authority with or through the Centre de services partagés du Québec in accordance with the regulations under the Public Administration Act (chapter A‐6.01).

2001, c. 23, s. 104; 2005, c. 7, s. 95; 2006, c. 60, s. 116; 2010, c. 1, s. 59.

105. Notwithstanding sections 93 and 101, the chair of a transit authority or, if the chair is absent or unable to act, the director general may, in a case of irresistible force which might endanger the life or health of the population, seriously disrupt public transportation services or seriously damage or seriously interfere with the operation of the equipment of the transit authority, order such expenditure as the chair or the director general considers necessary and award any contract necessary to remedy the situation.

The chair or director general, as the case may be, shall table a report giving the reasons for the expenditure or contract at the next meeting of the board.

2001, c. 23, s. 105; 2001, c. 66, s. 22; 2006, c. 60, s. 117.

106. Notwithstanding section 93, a transit authority may, without being required to call for tenders, renew any insurance contract awarded following a call for tenders, provided that the total duration 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.

2001, c. 23, s. 106.

107. A transit authority may enter into a leasing contract in respect of movable property that must be acquired by tender in accordance with section 93, 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 transit authority 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 transit authority shall designate in the notice, on the conditions under which the tender was accepted.

2001, c. 23, s. 107.

108. Notwithstanding any inconsistent provision of a general law or special Act, a transit authority and any municipality or other supramunicipal body whose territory includes the area of jurisdiction of the transit authority 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.

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.

Subject to the fourth paragraph, the rules governing the awarding of contracts by the transit authority apply to any contract awarded following a joint call for public tenders under the first paragraph. The total amount of the expenditures incurred by all the parties under the contract must be taken into consideration when applying those rules.

To the extent that the terms of any intergovernmental agreement on the opening of public procurement applicable to the transit authority are observed, the Minister of Municipal Affairs, Regions and Land Occupancy may exercise the power conferred by section 103 in relation to a contract referred to in the third paragraph.

Acceptance of a tender referred to in this section also binds, as regards the successful tenderer, each party to the call for tenders.

2001, c. 23, s. 108; 2006, c. 60, s. 118; 2009, c. 26, s. 109.

108.1. Where, following a call for tenders, a transit authority receives only one conforming tender, the transit authority may agree with the tenderer to enter into the contract for a price less than the tendered price without, however, changing the other obligations, if there is a substantial difference between the tendered price and the price indicated in the estimate established by the transit authority.

2002, c. 37, s. 272.

108.1.1. Division I of Chapter V.1 of the Act respecting contracting by public bodies (chapter C-65.1) applies with the necessary modifications to any contract awarded by a transit authority for the performance of work or the supply of insurance, equipment, materials or services.

For the purposes of the provisions of Chapter V.1 of that Act, except section 21.8, the contracts referred to in the first paragraph are deemed to be public contracts and a transit authority is deemed to be a public body, and the Minister of Municipal Affairs, Regions and Land Occupancy exercises, in respect of those contracts, the responsibility conferred on the Conseil du trésor by section 21.3 of that Act and that conferred on the minister responsible by section 21.5 of that Act.

2011, c. 17, s. 63; 2011, c. 35, s. 60.

108.2. A member of the board of directors who knowingly fails to comply with the prohibition set out in the sixth paragraph of section 95 or who knowingly, by his or her vote or otherwise, authorizes or effects the awarding or making of a contract without complying with the rules or measures set out or provided for in sections 93 to 108.1.1, in a regulation made under section 100 or 103.1 or in the policy adopted under section 103.2 may be held personally liable toward the transit authority for any loss or damage it suffers and be declared disqualified, for two years, from office as a member of the council of any municipality, from office as a member of any municipal body within the meaning of section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2) or from holding a position as an employee of a municipality or such a body.

The liability provided for in the first paragraph is solidary and applies to every employee of the transit authority and to every person who knowingly is a party to the illegal act.

Proceedings in declaration of disqualification shall be taken in conformity with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.

Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities.

2002, c. 37, s. 272; 2010, c. 1, s. 60; 2011, c. 17, s. 64.

109. A transit authority may not alienate property having a value greater than $25,000 for which it has specifically been awarded a grant except with the authorization of the Minister of Transport.

2001, c. 23, s. 109; 2001, c. 66, s. 23.

110. A transit authority may give to a charity any property having a value that does not exceed $10,000.

2001, c. 23, s. 110.

111. A transit authority shall publish twice a year in a newspaper distributed in its area of jurisdiction a notice mentioning any property having a value greater than $10,000 that it alienated in the previous six months, the person to whom the property was alienated and the price of alienation.

2001, c. 23, s. 111.

CHAPTER III FINANCIAL PROVISIONS

112. The property of a transit authority forms part of the municipal domain, but the performance of the obligations of a transit authority may be levied against its property.

2001, c. 23, s. 112.

113. All the revenues of a transit authority shall be used to discharge the obligations arising from its mission and to operate its enterprise.

2001, c. 23, s. 113.

114. Cities are guarantors of the obligations and commitments of a transit authority whose area of jurisdiction includes, in whole or in part, their own territory.

The municipalities whose territory is included in an urban agglomeration referred to in section 1 are solidarily liable for the obligations and commitments of the public transit authority whose area of jurisdiction corresponds to the urban agglomeration.

2001, c. 23, s. 114; 2001, c. 66, s. 24; 2005, c. 50, s. 85; 2007, c. 10, s. 29.

115. The fiscal year of a transit authority ends on 31 December.

2001, c. 23, s. 115.

116. Not later than 1 November of every year, a transit authority shall table, for adoption, its budget for the following fiscal year with the city and shall inform the city of the fares and rates that will be effective during the period covered by its next budget. The budget shall provide for a reserve of not more than 1.5% of the expenditures to meet unforeseen administration and operation costs. The adopted budget comes into force on the following 1 January.

If the budget has not been adopted by that date, with or without amendments, 1/12 of each appropriation provided for in the budget prepared by the transit authority is deemed to be adopted. The same rule applies at the beginning of each subsequent month if the budget has not been adopted at that time.

2001, c. 23, s. 116; 2001, c. 66, s. 25.

117. For the purposes of section 116, a transit authority may require that its treasurer determine in a certificate the appropriations the treasurer considers necessary for the next fiscal year for payment of the interest on securities issued or to be issued by the transit authority, 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 transit authority, except 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 the certificate the appropriations necessary to meet, during the next fiscal year, the obligations undertaken by the transit authority 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 city. The treasurer shall file the certificate and any amendment with the clerk of the city. The clerk shall notify the council of the city of the filing at the first sitting held after the filing.

The treasurer shall also include in the certificate referred to in the first paragraph the appropriations necessary during the next fiscal year to pay the obligations of the transit authority under collective agreements or its by-laws or under legislative or regulatory provisions adopted by the Gouvernement du Québec or the Government of Canada or any of its ministers or bodies.

2001, c. 23, s. 117; 2001, c. 66, s. 26.

118. Notwithstanding the second paragraph of section 116, the presumption of adoption and the coming into force of the budget do not apply to the appropriations mentioned in a certificate referred to in section 117, those appropriations being deemed to be adopted on 1 January and to come into force on that date.

2001, c. 23, s. 118.

119. The budget may not provide for expenditures that exceed the revenues of the transit authority. The budget must be transmitted to the Minister and to the Minister of Municipal Affairs, Regions and Land Occupancy on the form provided, if any, by the latter.

A transit authority may transfer funds from one item of its budget to another up to an amount authorized by the council of the city and report the transfer to the council. Any transfer exceeding that amount must be specially authorized by the same council.

2001, c. 23, s. 119; 2001, c. 66, s. 27; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

For the purposes of the budget of any municipal fiscal year as of the municipal fiscal year 2017, the second sentence of the first paragraph of this section is struck out (2016, c. 17, ss. 127 and 141).

120. A transit authority must post as revenue in its budget any surplus for the preceding fiscal year and any other surplus anticipated for the current fiscal year that it does not appropriate to a specific purpose.

Notwithstanding the first paragraph, the transit authority may appropriate a surplus for the preceding fiscal year to the expenditures for the current fiscal year, in this way modifying the budget for that fiscal year, or provide for the transfer of all or part of a surplus to a fixed assets fund it sets up.

A transit authority must also post as expenditure in its budget any deficit for the preceding year certified by its auditor.

2001, c. 23, s. 120; 2001, c. 66, s. 28.

121. The purpose of the fixed assets fund is to finance the non-subsidized portion of any acquisition, repair or renovation of property.

The Government may authorize a transit authority to take out of that fund the sums required for purposes other than those for which it was set up.

2001, c. 23, s. 121.

122. A transit authority may, during its fiscal year, prepare a supplementary budget. The supplementary budget shall be submitted to the council of the city for adoption in accordance with its internal management by-laws. It must be transmitted to the Minister and to the Minister of Municipal Affairs, Regions and Land Occupancy.

2001, c. 23, s. 122; 2001, c. 66, s. 29; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

123. A transit authority may, by by-law, order loans that must be approved by the council of the city and the Minister of Municipal Affairs, Regions and Land Occupancy.

The loans of a transit authority are contracted at the rate of interest and on the other conditions approved by the Minister of Finance.

2001, c. 23, s. 123; 2001, c. 66, s. 30; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 50, s. 86; 2009, c. 26, s. 109.

124. A transit authority may contract temporary loans.

2001, c. 23, s. 124; 2003, c. 19, s. 250; 2005, c. 28, s. 133.

124.1. A transit authority may adopt by-laws relating to the administration of its finances.

However, to ensure the sound administration of those finances, it must adopt a budget control and monitoring by-law that provides in particular for a means to guarantee the availability of appropriations before any decision authorizing an expenditure is made; the means may vary depending on the authority authorizing the expenditures or on the type of expenditures proposed.

2006, c. 31, s. 109.

125. A by-law or a resolution of a transit authority authorizing an expenditure has no effect unless, in accordance with a by-law adopted under the second paragraph of section 124.1, appropriations are available for the purposes for which the expenditure is proposed.

2001, c. 23, s. 125; 2006, c. 31, s. 110.

126. As a contribution to the financing of its operations, a transit authority shall receive

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

(2)  the yearly appropriations granted by the city.

2001, c. 23, s. 126; 2001, c. 66, s. 31.

127. For the purposes of the Act respecting municipal taxation (chapter F-2.1), an immovable is deemed to belong to a transit authority as soon as the right of ownership is transferred in its favour under the Expropriation Act (chapter E-24).

2001, c. 23, s. 127.

128. No tariff of user fees established by a municipality under sections 244.1 to 244.10 of the Act respecting municipal taxation (chapter F-2.1) in respect of its property, services and other activities, may be levied against a transit authority.

2001, c. 23, s. 128.

129. The Act respecting duties on transfers of immovables (chapter D-15.1) does not apply to the transfers made to a transit authority.

2001, c. 23, s. 129.

CHAPTER IV INFORMATIONAL RESOURCES

130. A transit authority shall, not later than 31 December 2003, produce a strategic development plan for public transportation in its area of jurisdiction setting out its objectives, priorities and expected results.

The plan shall provide for the development of public transportation, including services adapted to the needs of mobility impaired persons, over a period of ten years and cover every mode of public transportation and all equipment and infrastructures. The plan shall be updated yearly and revised every five years.

2001, c. 23, s. 130.

131. A transit authority shall transmit to the Minister, to the city and, where applicable, to the metropolitan community whose territory includes the transit authority’s area of jurisdiction, a copy of its strategic development plan and of every updating and revision within 30 days after they are produced.

The plan becomes effective only on its approval by the city and, where applicable, by the metropolitan community.

2001, c. 23, s. 131; 2001, c. 66, s. 32.

132. Each year, a transit authority shall produce a program of capital expenditures for the following three fiscal years.

2001, c. 23, s. 132.

133. The program shall be divided into annual phases. It shall set out, per period, the object, amount and mode of financing of the capital expenditures that the transit authority plans to incur or make and the financing period of which exceeds 12 months.

The program shall also mention the capital expenditures the transit authority plans to make beyond the period covered by the program, if the expenditures result from commitments made during that period.

2001, c. 23, s. 133.

134. A transit authority shall transmit the program to the city for approval, not later than 31 October preceding the beginning of the first fiscal year covered by the program. The transit authority shall also transmit a copy of the program to the Minister not later than that date.

A city may grant a transit authority an extension upon sufficient proof that the transit authority is unable to transmit the program before the deadline.

2001, c. 23, s. 134; 2001, c. 66, s. 33.

135. A transit authority shall transmit to the city for approval any modification to its program within 30 days after it is adopted. It shall also transmit a copy of any such modification to the Minister within the same time.

2001, c. 23, s. 135; 2001, c. 66, s. 34.

CHAPTER V AUDITING AND REPORTS

136. At the end of the fiscal year, the treasurer shall draw up and certify a financial report for the fiscal year just ended.

That report shall be produced on the forms provided by the Minister of Municipal Affairs, Regions and Land Occupancy, where applicable. It shall contain the transit authority’s financial statements and any other information required by the Minister.

2001, c. 23, s. 136; 2001, c. 66, s. 35; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

137. The books and accounts of a transit authority shall be audited each year by an auditor designated by the transit authority. The auditor’s report shall accompany the annual report of the transit authority.

2001, c. 23, s. 137.

138. The treasurer shall submit his or her financial report at a meeting of the board of directors, at the same time as the auditor’s report.

2001, c. 23, s. 138.

139. A transit authority shall transmit to the Minister, the Minister of Municipal Affairs, Regions and Land Occupancy and to the clerk of the city, not later than 15 April each year, a report of its operations for the preceding fiscal year. The report shall contain all the information required by the Minister.

The transit authority shall furnish such other information as the Minister may require concerning its operations.

2001, c. 23, s. 139; 2001, c. 66, s. 36; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2008, c. 18, s. 109; 2009, c. 26, s. 109.

CHAPTER VI INSPECTION

140. A city adopting a transit authority’s budget shall authorize generally or specially any person designated by the transit authority to act as an inspector for the purpose of carrying out the by-laws made under section 144. An inspector may require any transportation ticket or parking ticket issued by a transit authority be produced for inspection.

A transit authority may designate one of its employees or an employee from another enterprise under contract with it for the purposes of Chapters VI and VII. A peace officer under the authority of the city approving the budget of a transit authority is by that sole fact an inspector of that transit authority.

2001, c. 23, s. 140; 2001, c. 66, s. 37.

141. An inspector shall, on request, show a certificate of capacity.

2001, c. 23, s. 141.

142. An inspector, where designated by the Minister of Public Security, is, in the exercise of the inspector’s functions, a peace officer for the purposes of paragraphs 5 and 7.1 of section 386 and section 390 of the Highway Safety Code (chapter C-24.2) in respect of any road vehicle stopped in a zone reserved exclusively for road vehicles assigned to public transportation or in a reserved traffic lane. The inspector may also cause to be removed and impounded in the nearest suitable place, at the owner’s expense, any road vehicle stopped on immovable property owned by or under the control of a transit authority and obstructing the circulation of the transit authority’s rolling stock.

2001, c. 23, s. 142.

143. No person shall hinder an inspector in the performance of inspection duties, mislead an inspector through concealment or false statements or refuse to provide information to an inspector.

2001, c. 23, s. 143.

CHAPTER VII REGULATORY AND PENAL PROVISIONS

144. A transit authority may, by by-law approved by the city adopting its budget, prescribe

(1)  standards of safety and conduct to be observed by passengers in the rolling stock and immovables operated by the transit authority;

(2)  conditions regarding the possession and use of any transportation ticket issued under its authority;

(3)  conditions regarding the immovables operated by the transit authority and the persons using them.

The by-law of a transit authority must be published in a newspaper distributed in its area of jurisdiction and may determine, among its provisions, those the contravention of which constitutes an offence entailing a fine in an amount that may be fixed or that may, depending on the circumstances, vary between a minimum and a maximum amount.

For a first offence, the fixed amount or maximum amount may not exceed $500 if the offender is a natural person or $1,000 if the offender is a legal person. In the case of a second or subsequent conviction, those amounts shall be doubled. The minimum amount shall not be less than $25.

2001, c. 23, s. 144; 2001, c. 66, s. 38.

145. A by-law under section 144 applies even where a vehicle of a transit authority is travelling outside its area of jurisdiction. It also applies in an immovable the transit authority possesses outside its area of jurisdiction. An inspector referred to in section 140 has jurisdiction for the purposes of this section.

2001, c. 23, s. 145.

146. Every person who uses the name of a transit authority, its acronym, emblem or logo without authorization or hinders an inspector in the exercise of the inspector’s functions is liable to a fine of not less than $250 nor more than $500.

2001, c. 23, s. 146.

147. A transit authority may institute penal proceedings for an offence under a provision of this chapter.

2001, c. 23, s. 147.

148. Every municipal court in the area of jurisdiction of a transit authority has jurisdiction in respect of any offence under a provision of this chapter.

2001, c. 23, s. 148.

149. The fine belongs to the transit authority that instituted the penal proceedings.

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

2001, c. 23, s. 149; 2001, c. 66, s. 39; 2003, c. 5, s. 26.

CHAPTER VIII POWERS OF THE GOVERNMENT

150. On the recommendation of the Minister, the Government may make regulations

(1)  exempting motorists residing in the territory of a municipality it indicates from payment to the Société de l’assurance automobile du Québec of the contribution to public transit established under section 88.2 of the Transport Act (chapter T‐12) where the Government is of the opinion that a transit authority does not, according to the criteria it establishes, benefit the residents of that territory;

(2)  limiting the borrowing power of a transit authority to the term and maximum amount it establishes, fixing conditions on which money may be borrowed and prescribing rules that vary depending on whether the borrowing is long-term or short-term;

(3)  establishing the conditions allowing a transit authority to constitute an establishment abroad for the purpose of financing its operations in Québec and registering its securities;

(4)  establishing the conditions allowing a transit authority to enter into contracts of a financial nature in relation, in particular, to currency exchange or interest rates;

(5)  establishing the conditions allowing for financing and refinancing on foreign markets, including by leasing, of property necessary for a transit authority to achieve its mission;

(6)  establishing the conditions to be met so that the securities issued by a transit authority are deemed to be authorized investments within the meaning of the Civil Code, and the direct and general obligations of a transit authority and of the city approving its budget;

(6.1)  notwithstanding the second paragraph of section 48, identifying the documents referred to in subparagraph 6 on which a facsimile of a signature has the same force as the signature of the chair of a transit authority and need not be countersigned by an authorized person; and

(7)  authorizing a transit authority to establish funds other than the fixed assets fund referred to in section 120 for such purposes as the Government determines and prescribing the conditions for doing so, including authorizations, and the management rules.

A regulation under subparagraphs 2 to 6 of the first paragraph may vary depending on the transit authorities concerned. For the purposes of subparagraphs 2 to 5 of that paragraph, a regulation may provide for authorizations and exceptions in relation to the conditions it establishes.

The making of a regulation described in the first paragraph requires the recommendation of the Minister of Finance in the case of a regulation under any of subparagraphs 3 to 5 of that paragraph, or the recommendation of the Minister of Municipal Affairs, Regions and Land Occupancy in any other case.

2001, c. 23, s. 150; 2001, c. 66, s. 40; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 50, s. 87; 2009, c. 26, s. 109.

TITLE II SPECIAL RULES GOVERNING CERTAIN TRANSIT AUTHORITIES

CHAPTER I SOCIÉTÉ DE TRANSPORT DE MONTRÉAL

151. In addition to the provisions of section 4, the mission of the Société de transport de Montréal is to operate a guided land transport enterprise, namely a subway, in the territory of the Communauté métropolitaine de Montréal.

The Société de transport de Montréal may acquire any property required for the construction and operation of its subway guided land transport enterprise, dig a tunnel under any immovable regardless of its owner, and construct and operate any accessory works.

However, the Société must obtain the authorization of the Agence métropolitaine de transport if its construction work disturbs the subway extension work referred to in section 47 of the Act respecting the Agence métropolitaine de transport (chapter A-7.02).

2001, c. 23, s. 151.

152. The Société de transport de Montréal may expropriate, in its area of jurisdiction, any property necessary for its subway guided land transport enterprise.

2001, c. 23, s. 152.

153. The Société de transport de Montréal may order expropriation outside its territory where it considers expropriation necessary for the purposes of the subway tunnel, lines, subway car garages, workshops, platforms, structures thereon and rectifier or ventilation stations.

The Société must, however, propose to the city concerned that it proceed with the expropriation, at its own expense, unless the city has already indicated its intention not to expropriate or the right is of the nature of a servitude or affects only the subsoil. The city has 90 days to accept, by resolution, the proposal of the Société failing which the city is deemed to have refused. The city may, however, within those 90 days, transfer its right to expropriate to the public transit authority in its territory.

The city or, where applicable, the public transit authority concerned, is the owner of the expropriated property, subject to its obligation to transfer to the Société de transport de Montréal, free of charge, the property necessary to its work.

Where expropriation is made by the Société de transport de Montréal, the Société shall transfer to the public transit authority concerned, free of charge, all property that is not necessary to its work.

2001, c. 23, s. 153.

154. Where underground construction work is undertaken, as of the commencement of the work and without formality or compensation, but subject to an action for damages, the Société de transport de Montréal shall become the owner of the volume occupied by the tunnel and of the area extending five metres outward from the interior concrete wall of the subway tunnel. In addition, the Société is deemed to hold a legal servitude established in favour of the volume occupied by the tunnel and limiting the stress that may be applied to the upper surface of the volume to 250 kilopascals.

However, the Société de transport de Montréal shall, on the commencement of the work, notify the owner of the land of the work and of the provisions of this section. In the year following the completion of work, the Société de transport de Montréal shall deposit in its archives a copy of a plan certified by the head of the department concerned, showing the horizontal projection of the tunnel. It shall register the plan in the registry office and the registrar shall receive the plan and make a notation in its respect in the land register.

2001, c. 23, s. 154; 2008, c. 18, s. 110.

155. Where the Société de transport de Montréal orders, by resolution, the expropriation of a property or the establishment of a reserve for public purposes on the property, the secretary shall without delay send a certified copy of the resolution to the city concerned.

After receiving the resolution, the city shall not, except for urgent repairs, issue a permit or certificate for a structure, alteration or repair in connection with that immovable. Such prohibition ceases six months after the date of adoption of the resolution.

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

2001, c. 23, s. 155.

156. The Société de transport de Montréal is the sole owner of the property pertaining to the subway and situated in the territory of the municipalities referred to in section 5 of the Charter of Ville de Montréal (chapter C-11.4) on 15 May 2001 and of the subway tunnel, lines, platforms, structures thereon and rectifier or ventilation stations situated outside that territory on that date.

With respect to the property referred to in the first paragraph, the registrar of the registration division concerned must register every statement signed by the director general and the secretary of the Société de transport de Montréal describing the property concerned and declaring the right of ownership of the Société in that property.

In addition to section 114 under which Ville de Montréal is, as of 1 January 2002, guarantor of the obligations of the Société de transport de Montréal in respect of the property referred to in the first paragraph, an obligation is established, chargeable to the immovables situated in the territory corresponding to the former territory of the municipalities referred to in the first paragraph, with respect to that same property, to secure any obligation contracted by the Communauté urbaine de Montréal towards the holders of securities issued before 1 January 2002 and towards any person holding a claim under a contract concerning that property on that date. The securities and the contracts constitute direct and general obligations of Ville de Montréal chargeable to those immovables.

2001, c. 23, s. 156.

157. No fee, duty, tax or cost of any nature, within the authority of a city may be levied against the Société de transport de Montréal for the issue of a certificate of approval, building permit or occupancy permit in respect of the subway network.

2001, c. 23, s. 157.

158. On producing its program of capital expenditures, the Société de transport de Montréal shall include in it a specific part for capital expenditures relating to the subway network for the same period.

That part of the program must be sent for approval to the Communauté métropolitaine de Montréal; a copy must also be sent to the Agence métropolitaine de transport. Sections 134 and 135 apply with the necessary modifications.

2001, c. 23, s. 158; 2007, c. 10, s. 27.

158.1. In addition to the approvals required under section 123, loans ordered by the Société de transport de Montréal for the subway network must also be approved by the Communauté métropolitaine de Montréal when the term of repayment exceeds five years.

2007, c. 10, s. 28.

158.2. Within the scope of its powers under paragraph 2 of section 19 of the Act respecting the exercise of certain municipal powers in certain urban agglomerations (chapter E-20.001), Ville de Montréal has exclusive jurisdiction to contract, in its own name, a loan ordered by the board of directors of the Société de transport de Montréal under the first paragraph of section 123.

The loan is made by the executive committee of the city in accordance with section 121.1 of Schedule C to the Charter of Ville de Montréal (chapter C-11.4).

However, a loan ordered for the purposes of an investment that is the object of a government subsidy is made with the Minister of Finance by the transit authority itself for the subsidized party; the Minister takes the sums loaned out of the Financing Fund established under the Act respecting the Ministère des Finances (chapter M-24.01).

2010, c. 42, s. 35.

158.3. The council of a municipality in whose territory the Société de transport de Montréal plans to carry out work or works necessary for the pursuit of its mission, provided for in section 151, relating to the subway network may, by by-law, allow such work or works to be carried out.

For that purpose and despite any provision to the contrary, the purpose of the by-law is to enact the planning rules that the Société de transport de Montréal must comply with in carrying out the work and works concerned. The by-law may not be adopted before the tabling before the municipal council of the report on a public consultation held by the Société, in accordance with a policy adopted by its board of directors, on the work or works to be allowed by the by-law.

The policy provided for in the preceding paragraph must provide that, at least seven days before the public consultation, a notice of the consultation must be published in a newspaper in the territory of the municipality and be posted on the land where the proposed work or works are to be carried out so as to be clearly noticeable and visible from the public road.

For the purposes of the first paragraph, if the territory in which the Société plans to carry out work or works is the territory of Ville de Montréal, Ville de Westmount, Ville de Mont-Royal or Ville de Longueuil, “council of a municipality” means the urban agglomeration council of Montréal or the urban agglomeration council of Longueuil, as applicable.

2011, c. 33, s. 26.

159. On producing the strategic development plan, the Société de transport de Montréal shall also transmit, for information, a copy of the plan to the Agence métropolitaine de transport.

2001, c. 23, s. 159.

160. The Société de transport de Montréal is authorized to furnish, for remuneration, all services and goods for the purposes of the construction, laying out or repairing of infrastructures, equipment and rolling stock relating to the subway network and to their management and administration.

It may also request the enterprise registrar to constitute, by articles, a legal person having as an object the providing, for remuneration, of the goods and services referred to in the first paragraph for any mode of shared transportation. The legal person may contract in Québec or abroad with any person and any government, one of its departments, bodies or mandataries. Section 3.11 of the Act respecting the Ministère du Conseil exécutif (chapter M-30) and section 23 of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1) apply to the legal person. To achieve its object, the legal person may, with the authorization of the Minister, associate with any other enterprise in the public or private sector.

2001, c. 23, s. 160; 2002, c. 45, s. 701.

161. The Société de transport de Montréal may, with the authorization of the Agence métropolitaine de transport, operate part of its public bus transportation enterprise outside its area of jurisdiction.

2001, c. 23, s. 161.

162. Notwithstanding paragraph 1 of section 126, the Agence métropolitaine de transport shall receive, in the place and stead of the Société de transport de Montréal, the contribution of motorists to public transit determined by a regulation under section 88.6 of the Transport Act (chapter T-12).

2001, c. 23, s. 162; 2001, c. 66, s. 42.

CHAPTER II SOCIÉTÉ DE TRANSPORT DE QUÉBEC

163. The Société de transport de Québec may continue to operate all or part of its public transportation enterprise in the territory of the municipality of Boischatel.

Ville de Québec, the municipality of Boischatel and the Société de transport de Québec shall, however, before 1 January 2003, enter into an agreement concerning the fares and rates, level of service and financial contribution of the municipality of Boischatel with respect to the services referred to in the first paragraph.

2001, c. 23, s. 163.

164. The Société de transport de Québec succeeds to the rights and obligations of the municipality of Saint-Augustin-de-Desmaures with respect to any public bus transportation contract entered into by that municipality. Notwithstanding any provision to the contrary, a carrier party to such a contract may, without further authorization, continue in accordance with the contract to transport persons for remuneration in the territory of the Société de transport de Québec until the end of the contract.

2001, c. 23, s. 164.

164.1. The Société de transport de Québec may request the enterprise registrar to constitute, by articles, a legal person having as an object the providing, for remuneration, of any services and goods for the purpose of the construction, laying out or repairing of infrastructures, equipment and rolling stock for any mode of shared transportation and their management and administration. The legal person may contract in Québec or abroad with any person and any government, one of its departments, bodies or mandataries. Section 3.11 of the Act respecting the Ministère du Conseil exécutif (chapter M-30) and section 23 of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1) apply to the legal person. To achieve its object, the legal person may, with the authorization of the Minister, associate with any other enterprise in the public or private sector.

2001, c. 66, s. 43; 2002, c. 45, s. 701.

CHAPTER III SOCIÉTÉ DE TRANSPORT DE L’OUTAOUAIS

165. The Société de transport de l’Outaouais may continue to operate all or part of its public transportation enterprise in the territory of the municipalities of Cantley and Chelsea.

Ville de Gatineau, the municipality of Cantley, the municipality of Chelsea and the Société de transport de l’Outaouais shall, however, before 1 January 2003, enter into an agreement concerning the fares and rates, level of service and financial contribution of the municipalities of Cantley and Chelsea with respect to the services referred to in the first paragraph.

2001, c. 23, s. 165; 2001, c. 66, s. 44.

166. For the purposes of the agreement referred to in section 165, the Société de transport de l’Outaouais shall invite the mayors of the municipalities of Cantley and Chelsea, or the person each mayor designates as a substitute, to participate in the discussions and to vote on any question relating to the operation of its public transportation enterprise in the territory of those municipalities.

2001, c. 23, s. 166.

CHAPTER IV SOCIÉTÉ DE TRANSPORT DE LONGUEUIL

167. The Société de transport de Longueuil may request the enterprise registrar to constitute, by articles, a legal person having as an object the providing, for remuneration, of any services and goods for the purpose of the construction, laying out or repairing of infrastructures, equipment and rolling stock for any mode of shared transportation and their management and administration. The legal person may contract in Québec or abroad with any person and any government, one of its departments, bodies or mandataries. Section 3.11 of the Act respecting the Ministère du Conseil exécutif (chapter M-30) and section 23 of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1) apply to the legal person. To achieve its object, the legal person may, with the authorization of the Minister, associate with any other enterprise in the public or private sector.

2001, c. 23, s. 167; 2001, c. 66, s. 45; 2002, c. 45, s. 701.

168. The Société de transport de Longueuil may operate part of its public bus transportation enterprise outside its territory with the authorization of the Agence métropolitaine de transport.

2001, c. 23, s. 168.

169. Notwithstanding paragraph 1 of section 126, the Agence métropolitaine de transport shall receive, in the place and stead of the Société de transport de Longueuil, the contribution of motorists to public transit determined by a regulation under section 88.6 of the Transport Act (chapter T-12).

2001, c. 23, s. 169; 2001, c. 66, s. 46.

170. The Société de transport de Longueuil succeeds to the rights and obligations of the municipality of Saint-Bruno with respect to any public bus transportation contract entered into by that municipality. Notwithstanding any provision to the contrary, a carrier party to such a contract may, without further authorization, continue in accordance with the contract to transport persons for remuneration in the territory of the Société de transport de Longueuil until the end of the contract.

2001, c. 23, s. 170.

170.1. Notwithstanding any legislative provision to the contrary, Ville de Longueuil, which succeeds to the municipality of Saint-Bruno with respect to the Conseil intermunicipal de transport de la Vallée du Richelieu, is liable only for payment of the portion of the services required for bus services established by the board in the territory corresponding on 1 January 2002 to the territory of the Saint-Bruno borough. The payment must be calculated according to the method prescribed by Orders in Council 2719-84 and 117-90 fixing the amount of a financial contribution.

Section 259 applies, with the necessary modifications, to every obligation arising from the application of this section and to the obligation chargeable to the immovables situated in the territory corresponding to the former municipal territory.

The Société de transport de Longueuil shall exercise the rights of Ville de Longueuil with respect to the Conseil intermunicipal de transport de la Vallée du Richelieu. The Société may, by agreement with the intermunicipal board of transport,

(1)  agree to the modification of the method for fixing the amount of the financial contribution referred to in the first paragraph ; and

(2)  make any agreement concerning the services established as at 31 December 2001 by the board in the territory of the municipality of Saint-Bruno, including with respect to a carrier referred to in section 170.

An agreement under the third paragraph takes effect on ratification by Ville de Longueuil. A copy of the agreement must be transmitted to the Minister.

2001, c. 66, s. 47.

171. On producing the strategic development plan, the Société de transport de Longueuil shall also transmit, for information, a copy of the plan to the Agence métropolitaine de transport.

2001, c. 23, s. 171.

CHAPTER V SOCIÉTÉ DE TRANSPORT DE LÉVIS

172. The Société de transport de Lévis succeeds to the rights and obligations of the municipalities of Saint-Étienne-de-Lauzon, Saint-Nicolas, Saint-Rédempteur, Saint-Lambert-de-Lauzon and Sainte-Hélène-de-Breakeyville with respect to any public bus transportation contract entered into by those municipalities. Notwithstanding any provision to the contrary, a carrier party to such a contract may, without further authorization, continue in accordance with the contract to transport persons for remuneration in the territory of the Société de transport de Lévis until the end of the contract.

2001, c. 23, s. 172.

173. Ville de Lévis, the municipality of Saint-Lambert-de-Lauzon and the Société de transport de Lévis shall, in the 12 months preceding the end of the transport contract referred to in section 172, enter into an agreement concerning the fares and rates, level of service and financial contribution of the municipality of Saint-Lambert-de-Lauzon with respect to the services referred to in that section, to enable the Société to serve that municipality once the contract has ended.

2001, c. 23, s. 173.

174. The Société de transport de Lévis succeeds to the rights and obligations of the municipality of Pintendre with respect to any public bus transportation contract entered into by that municipality. Notwithstanding any provision to the contrary, a carrier party to such a contract may, without further authorization, continue in accordance with the contract to transport persons for remuneration in the territory of the Société de transport de Lévis until the end of the contract.

2001, c. 23, s. 174.

CHAPTER VI SOCIÉTÉ DE TRANSPORT DE LAVAL

175. The Société de transport de Laval may request the enterprise registrar to constitute, by articles, a legal person having as an object the providing, for remuneration, of any services and goods for the purpose of the construction, laying out or repairing of infrastructures, equipment and rolling stock for any mode of shared transportation and their management and administration. The legal person may contract in Québec or abroad with any person and any government, one of its departments, bodies or mandataries. Section 3.11 of the Act respecting the Ministère du Conseil exécutif (chapter M-30) and section 23 of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1) apply to the legal person. To achieve its object, the legal person may, with the authorization of the Minister, associate with any other enterprise in the public or private sector.

2001, c. 23, s. 175; 2001, c. 66, s. 48; 2002, c. 45, s. 701.

176. The Société de transport de Laval may, with the authorization of the Agence métropolitaine de transport, operate part of its public bus transportation enterprise outside its territory.

2001, c. 23, s. 176.

177. Notwithstanding paragraph 1 of section 126, the Agence métropolitaine de transport shall receive, in the place and stead of the Société de transport de Laval, the contribution of motorists to public transit determined by a regulation under section 88.6 of the Transport Act (chapter T-12).

2001, c. 23, s. 177; 2001, c. 66, s. 49.

178. On producing the strategic development plan, the Société de transport de Laval shall also transmit, for information, a copy of the plan to the Agence métropolitaine de transport.

2001, c. 23, s. 178.

CHAPTER VII

Repealed, 2001, c. 66, s. 50.

2001, c. 66, s. 50.

179. (Repealed).

2001, c. 23, s. 179; 2001, c. 66, s. 50.

180. (Repealed).

2001, c. 23, s. 180; 2001, c. 66, s. 50.

181. (Repealed).

2001, c. 23, s. 181; 2001, c. 66, s. 50.

182. (Repealed).

2001, c. 23, s. 182; 2001, c. 66, s. 50.

183. (Repealed).

2001, c. 23, s. 183; 2001, c. 66, s. 50.

184. (Repealed).

2001, c. 23, s. 184; 2001, c. 66, s. 50.

185. (Repealed).

2001, c. 23, s. 185; 2001, c. 66, s. 50.

186. (Repealed).

2001, c. 23, s. 186; 2001, c. 66, s. 50.

187. (Repealed).

2001, c. 23, s. 187; 2001, c. 66, s. 50.

CHAPTER VIII

Repealed, 2001, c. 66, s. 51.

2001, c. 66, s. 51.

188. (Repealed).

2001, c. 23, s. 188; 2001, c. 66, s. 51.

189. (Repealed).

2001, c. 23, s. 189; 2001, c. 66, s. 51.

190. (Repealed).

2001, c. 23, s. 190; 2001, c. 66, s. 51.

191. (Repealed).

2001, c. 23, s. 191; 2001, c. 66, s. 51.

192. (Repealed).

2001, c. 23, s. 192; 2001, c. 66, s. 51.

193. (Repealed).

2001, c. 23, s. 193; 2001, c. 66, s. 51.

194. (Repealed).

2001, c. 23, s. 194; 2001, c. 66, s. 51.

195. (Repealed).

2001, c. 23, s. 195; 2001, c. 66, s. 51.

196. (Repealed).

2001, c. 23, s. 196; 2001, c. 66, s. 51.

CHAPTER IX

Repealed, 2001, c. 66, s. 52.

2001, c. 66, s. 52.

197. (Repealed).

2001, c. 23, s. 197; 2001, c. 66, s. 52.

198. (Repealed).

2001, c. 23, s. 198; 2001, c. 66, s. 52.

199. (Repealed).

2001, c. 23, s. 199; 2001, c. 66, s. 52.

200. (Repealed).

2001, c. 23, s. 200; 2001, c. 66, s. 52.

201. (Repealed).

2001, c. 23, s. 201; 2001, c. 66, s. 52.

202. (Repealed).

2001, c. 23, s. 202; 2001, c. 66, s. 52.

203. (Repealed).

2001, c. 23, s. 203; 2001, c. 66, s. 52.

204. (Repealed).

2001, c. 23, s. 204; 2001, c. 66, s. 52.

205. (Repealed).

2001, c. 23, s. 205; 2001, c. 66, s. 52.

206. (Repealed).

2001, c. 23, s. 206; 2001, c. 66, s. 52.

TITLE III AMENDING, TRANSITIONAL AND FINAL PROVISIONS

207. (Amendment integrated into c. A-7.02, s. 3).

2001, c. 23, s. 207.

208. (Amendment integrated into c. A-7.02, s. 5).

2001, c. 23, s. 208.

209. (Amendment integrated into c. A-7.02, s. 19).

2001, c. 23, s. 209.

210. (Amendment integrated into c. A-7.02, s. 20).

2001, c. 23, s. 210.

211. (Amendment integrated into c. A-7.02, s. 21.1).

2001, c. 23, s. 211.

212. (Amendment integrated into c. A-7.02, heading of Division I of Chapter II).

2001, c. 23, s. 212.

213. (Amendment integrated into c. A-7.02, s. 24).

2001, c. 23, s. 213.

214. (Amendment integrated into c. A-7.02, s. 26).

2001, c. 23, s. 214.

215. (Amendment integrated into c. A-7.02, s. 26.1).

2001, c. 23, s. 215.

216. (Amendment integrated into c. A-7.02, s. 27).

2001, c. 23, s. 216.

217. (Amendment integrated into c. A-7.02, s. 30).

2001, c. 23, s. 217.

218. (Amendment integrated into c. A-7.02, s. 35).

2001, c. 23, s. 218.

219. (Amendment integrated into c. A-7.02, ss. 35.1-35.3).

2001, c. 23, s. 219.

220. (Amendment integrated into c. A-7.02, s. 40).

2001, c. 23, s. 220.

221. (Amendment integrated into c. A-7.02, s. 44).

2001, c. 23, s. 221.

222. (Amendment integrated into c. A-7.02, s. 47).

2001, c. 23, s. 222.

223. (Amendment integrated into c. A-7.02, s. 49).

2001, c. 23, s. 223.

224. (Amendment integrated into c. A-7.02, s. 50).

2001, c. 23, s. 224.

225. (Amendment integrated into c. A-7.02, s. 70).

2001, c. 23, s. 225.

226. (Amendment integrated into c. A-7.02, s. 71).

2001, c. 23, s. 226.

227. (Omitted).

2001, c. 23, s. 227.

228. (Amendment integrated into c. A-7.02, s. 78).

2001, c. 23, s. 228.

229. (Amendment integrated into c. A-7.02, s. 84).

2001, c. 23, s. 229.

230. (Repealed).

2001, c. 23, s. 230; 2001, c. 66, s. 53.

231. (Amendment integrated into c. A-7.02, s. 98).

2001, c. 23, s. 231.

232. (Amendment integrated into c. A-7.02, s. 99).

2001, c. 23, s. 232.

233. (Omitted).

2001, c. 23, s. 233.

234. (Amendment integrated into c. A-7.02, s. 168).

2001, c. 23, s. 234.

235. (Omitted).

2001, c. 23, s. 235.

236. (Amendment integrated into c. C-60.1, ss. 14, 15).

2001, c. 23, s. 236.

237. (Amendment integrated into c. C-60.1, Division II.1, ss. 18.5-18.12).

2001, c. 23, s. 237.

238. (Amendment integrated into c. C-60.1, Schedule I).

2001, c. 23, s. 238.

239. (Amendment integrated into c. T-1, s. 2).

2001, c. 23, s. 239.

240. (Amendment integrated into c. T-12, s. 88.1).

2001, c. 23, s. 240.

241. (Amendment integrated into c. T-12, s. 88.6).

2001, c. 23, s. 241.

242. (Amendment integrated into c. T-12, Schedule A).

2001, c. 23, s. 242.

243. (Amendment integrated into c. C-37.01, s. 158).

2001, c. 23, s. 243.

244. (Omitted).

2001, c. 23, s. 244.

245. The following transit authorities and intermunicipal transit authorities are dissolved :

– The Société de transport de la Communauté urbaine de Montréal ;

– The Société de transport de la Communauté urbaine de Québec ;

– The Société de transport de la Communauté urbaine de l’Outaouais ;

– The Société de transport de la Ville de Laval ;

– The Société de transport de la rive sud de Montréal ;

– The Société intermunicipale de transport de la rive sud de Québec ;

– The Société intermunicipale de transport des Forges ;

– The Société intermunicipale de transport du Saguenay ;

– The Société métropolitaine de transport de Sherbrooke.

2001, c. 23, s. 245.

246. Each public transit authority referred to in section 1 succeeds to the rights and obligations of the dissolved public transit authority or the dissolved intermunicipal transit authority whose area of jurisdiction it occupies in whole or in part.

The property and assets of the dissolved former public transit authority or former intermunicipal transit authority become, without further formality, the property and assets of the new transit authority replacing it.

2001, c. 23, s. 246.

247. In every matter pending to which a dissolved former public transit authority or former intermunicipal transit authority is a party or is impleaded, the new transit authority is substituted for the former transit authority without continuance of suit.

2001, c. 23, s. 247.

248. All acts performed for and by a dissolved former public transit authority or former intermunicipal transit authority are binding on the new transit authority as if the latter had performed them or as if the acts had applied to it.

2001, c. 23, s. 248.

249. The records and other documents of a dissolved former public transit authority or former intermunicipal transit authority become the records and other documents of the new transit authority.

2001, c. 23, s. 249.

250. The employees of and other persons employed by a dissolved former public transit authority or former intermunicipal transit authority become, without further formality, the employees of and other persons employed by the new transit authority and retain their seniority and employment benefits.

They may not be laid off or dismissed solely by reason of the succession nor may their salary be reduced.

2001, c. 23, s. 250.

251. The new transit authority shall be bound by the certification and the collective agreement as if it were named therein and shall become ipso facto a party to any proceeding relating thereto, in the place and stead of the dissolved former public transit authority or former intermunicipal transit authority on the date of coming into force of this Act.

2001, c. 23, s. 251; 2002, c. 37, s. 273.

252. The employees of and other persons employed by a dissolved former public transit authority or former intermunicipal transit authority continue, within the framework of the new transit authority, to be members of the pension plans of which they were members.

A new transit authority is required to participate in those pension plans.

2001, c. 23, s. 252.

253. A new transit authority may, for a period of three years, use the name, acronym and graphic symbol of the dissolved former public transit authority or former intermunicipal transit authority it replaces, in addition to its new name and graphic symbol.

2001, c. 23, s. 253.

253.1. For the purposes of section 258 of the Act to reform the municipal territorial organization of the metropolitan regions of Montréal, Québec and the Outaouais (2000, chapter 56) and for the establishment and implementation of a financial framework for public transportation for all regions of Québec, the Minister shall consult every municipality involved in the financing of public transportation services in Québec and the main stakeholders in that sector, determined by the Minister, in order to obtain the consensus necessary for the development of a policy on the financing of such services.

2001, c. 66, s. 54.

254. For the purposes of section 177 of the Charter of Ville de Montréal (chapter C-11.4), section 157 of the Charter of Ville de Québec (chapter C-11.5), section 114 of the Charter of Ville de Longueuil (chapter C-11.3), section 115 of the Charter of Ville de Gatineau (chapter C-11.1) and section 128 of the Charter of Ville de Lévis (chapter C-11.2), a transition committee has jurisdiction, with respect to transit authorities and an intermunicipal transit authority that pledge the credit of, as the case may be, an urban community or a municipality referred to in that Act, only to authorize or approve the budget of the transit authorities for the year 2002 and, as the case may be, their supplementary budget for the year 2001.

No contract made by a transit authority referred to in the first paragraph, including a contract of employment or a collective agreement entered into or amended as of 15 November 2000, may be invalidated solely on the ground that it was not authorized or approved by the transition committee having jurisdiction.

This section has effect from 1 January 2001.

2001, c. 23, s. 254.

255. Where a budget referred to in section 254 is authorized or approved by a transition committee, it is deemed to be, as the case may be, the budget of the Société de transport de Montréal, the Société de transport de Québec, the Société de transport de l’Outaouais, the Société de transport de Longueuil or the Société de transport de Lévis for the year 2002.

However, if a budget referred to in section 254 is not authorized or approved to come into force on 1 January 2002, the first quarter of the budget for the fiscal year 2001 of a dissolved transit authority is deemed to constitute the first quarter of the budget for the fiscal year of the new transit authority and to apply from 1 January 2002 until it is replaced, for the new transit authority, by the budget for the current fiscal year. The same applies at the beginning of each following quarter until the budget for the new transit authority is adopted, which may be retroactive to 1 January.

2001, c. 23, s. 255.

256. Every budget adopted during the year 2001 for the Société de transport de la Ville de Laval, the Société intermunicipale de transport des Forges, the Société intermunicipale de transport du Saguenay or the Société métropolitaine de transport de Sherbrooke is deemed to be, as the case may be, the budget of the Société de transport de Laval, the Société de transport de Trois-Rivières, the Société de transport du Saguenay or the Société de transport de Sherbrooke for the year 2002.

2001, c. 23, s. 256; 2001, c. 66, s. 55.

257. Any fare or rate established during the year 2001 by a dissolved former public transit authority or former intermunicipal transit authority is deemed to have been established by the new transit authority replacing it.

2001, c. 23, s. 257.

258. The persons elected at the election held on 4 November 2001 in Ville de Montréal, Ville de Québec, Ville de Gatineau, Ville de Longueuil, Ville de Lévis, Ville de Laval, Ville de Trois-Rivières and Ville de Sherbrooke may, during the year 2001, designate the members of the board of directors and appoint the chair and the vice-chair of the transit authorities referred to in sections 8 to 14 and 16.

The persons elected at the election held on 25 November 2001 in Ville de Saguenay may, during the year 2001, designate the members of the board of directors and appoint the chair and the vice-chair of the Société de transport du Saguenay.

2001, c. 23, s. 258; 2001, c. 66, s. 56.

259. Where a public transit authority succeeds to the rights and obligations of a municipality with respect to a public bus transportation contract, the obligation chargeable to the immovables situated in the territory corresponding to the former municipal territory may not be established to cover more than the costs of operating the service provided for in the contract, except where a service is added, for as long as the contract is effective.

2001, c. 23, s. 259.

259.1. The Société de transport de Sherbrooke succeeds to the rights and obligations of the municipality of Saint-Élie-d’Orford with respect to any public bus transportation contract entered into by that municipality. Notwithstanding any provision to the contrary, a carrier party to such a contract may, without further authorization, continue in accordance with the contract to transport persons for remuneration in the territory of the Société de transport de Sherbrooke until the end of the contract.

2001, c. 66, s. 57.

260. Sections 86, 160, 167 and 175 apply, as the case may be and with the necessary modifications, to the Société de transport de la Communauté urbaine de Montréal, the Société de transport de la Ville de Laval and the Société de transport de la rive sud de Montréal.

2001, c. 23, s. 260.

261. The Government may, by order, exempt motorists residing in the territory of a municipality it indicates from payment to the Société de l’assurance automobile du Québec of the contribution to public transit established under section 88.2 of the Transport Act (chapter T-12). The order may have effect retroactively but not to a date before 1 January 2000.

Motorists may apply for a reimbursement of all or part of the contribution they have paid if at the time of the application they establish proof of payment of the contribution, that they resided in a municipality referred to in the order at the time of the payment and that they are still residing in such a municipality.

2001, c. 23, s. 261.

262. The Minister of Transport is responsible for the administration of this Act, except sections 92.1 to 111, sections 116 to 125, 136 to 139 and subparagraphs 2 to 7 of the first paragraph of section 150, the administration of which comes under the responsibility of the Minister of Municipal Affairs, Regions and Land Occupancy.

2001, c. 23, s. 262; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2010, c. 1, s. 61.

263. (Omitted).

2001, c. 23, s. 263.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 23 of the statutes of 2001, in force on 1 April 2002, is repealed, except section 263, effective from the coming into force of chapter S-30.01 of the Revised Statutes.