S-30.01 - Act respecting public transit authorities

Updated to 24 February 2022

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.

A 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.

The first paragraph does not apply to the Société de transport de Laval, the Société de transport de Longueuil or the Société de transport de Montréal.

2001, c. 23, s. 3; 2016, c. 8, s. 85.

4. A transit authority shall operate a public passenger transportation enterprise, providing in particular public bus transportation services and transportation services by qualified automobile within the meaning of section 9 of the Act respecting remunerated passenger transportation by automobile (chapter T-11.2).

For the purposes of their mission, the Société de transport de Laval, the Société de transport de Longueuil and the Société de transport de Montréal must provide the Autorité régionale de transport métropolitain with the shared transportation services stipulated in an agreement entered into under section 8 of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3) and collaborate, at its request, in the planning, coordination, development, support and promotion of shared transportation.

2001, c. 23, s. 4; 2016, c. 8, s. 86; 2019, c. 18, s. 263.

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. In the case of the Société de transport de Laval, the Société de transport de Longueuil and the Société de transport de Montréal, the services referred to in subparagraph 1 of the first paragraph must be provided in accordance with the agreement entered into under section 8 of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3).

2001, c. 23, s. 5; 2016, c. 8, s. 87.

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. Despite section 6, the board of directors of the Société de transport de Québec is composed of 12 members designated by the urban agglomeration council of Ville de Québec, of whom

(1)  nine are designated from among the members of the regular council of Ville de Québec and the councils of the other municipalities whose territory is included in the urban agglomeration; and

(2)  three are designated from among the residents of the urban agglomeration, two of whom are users of 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; 2016, c. 31, s. 42.

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.

16.2. For the purposes of sections 8 to 16, the city may designate an independent member rather than a municipal council member.

A member is independent if the city that designates the member is of the opinion that he or she qualifies as an independent director within the meaning of section 4 of the Act respecting the governance of state-owned enterprises (chapter G-1.02). Sections 5 to 8 of that Act apply, with the necessary modifications.

Independent members are designated taking into account the expertise and experience profiles approved by the city concerned or, if applicable, by its urban agglomeration council.

Section 40 applies to such designations, with the necessary modifications.

2016, c. 8, s. 88.

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 application for judicial review under the Code of Civil Procedure (chapter C-25.01) 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, on an application, annul summarily any judgment, order or injunction rendered or granted contrary to the second paragraph.

2001, c. 23, s. 39; 2001, c. 66, s. 14; I.N. 2016-01-01 (NCCP).

§ 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 19.1 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; 2017, c. 13, s. 199.

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 of a public transit authority, the Autorité régionale de transport métropolitain or the Réseau de transport métropolitain, 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; 2016, c. 8, s. 89.

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.

The provisions of subparagraph 5 of the first paragraph do not apply to the director general of the Société de transport de Laval, the Société de transport de Longueuil or the Société de transport de Montréal.

2001, c. 23, s. 65; 2016, c. 8, s. 90.

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 notified to the employee in the same manner as a summons under the Code of Civil Procedure (chapter C-25.01).

A person on whom a measure described in the first paragraph has been imposed may, within 30 days following notification of the resolution, file a complaint in writing with the Administrative Labour Tribunal so that it may make an inquiry and dispose of the complaint.

2001, c. 23, s. 73; 2001, c. 26, s. 201; 2015, c. 15, s. 237; I.N. 2016-01-01 (NCCP).

74. The provisions of the Act to establish the Administrative Labour Tribunal (chapter T-15.1) that pertain to the Administrative Labour Tribunal, its members, their decisions and the exercise of their jurisdiction and section 100.12 of the Labour Code (chapter C-27) apply, with the necessary modifications.

2001, c. 23, s. 74; 2001, c. 26, s. 201; 2015, c. 15, s. 223.

75. The Administrative Labour Tribunal 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 Tribunal 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; 2015, c. 15, s. 237.

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 Retraite 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 Retraite 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; 2015, c. 20, s. 61.

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.

In the case of the Société de transport de Laval, the Société de transport de Longueuil and the Société de transport de Montréal, the powers under this section may only be exercised to the extent stipulated in an agreement entered into with the Autorité régionale de transport métropolitain under section 8 of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3). To that end, each of those authorities must advise the Authority as regards the establishment, modification and removal of lines and routes. Each authority must also propose to the Authority a transport plan for its area of jurisdiction.

2001, c. 23, s. 78; 2016, c. 8, s. 91.

78.1. A transit authority’s transport plan must specify the public transit it offers. If must be developed by the transit authority and meet the service standards and objectives established by the Autorité régionale de transport métropolitain.

The plan must be amended periodically by the transit authority in the manner stipulated in the agreement entered into under section 8 of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3).

2016, c. 8, s. 92.

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.

2001, c. 23, s. 81; 2019, c. 18, s. 264.

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 owner of an authorized automobile within the meaning of paragraph 1 of section 9 of the Act respecting remunerated passenger transportation by automobile (chapter T-11.2), any operator of a transportation system authorized under that Act or any service association comprising such owners.

Where the services are intended for handicapped persons, a contract under this section is not subject to a formal awarding procedure. However, unless such services are provided by bus or minibus, only a taxi within the meaning of section 144 of that Act may provide such services for a transit authority. 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; 2019, c. 18, s. 265.

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 service centre provided that part of that territory is situated within its area of jurisdiction.

2001, c. 23, s. 84; 2020, c. 1, s. 312.

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 the person responsible for the maintenance of a public highway 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; 2016, c. 8, s. 93.

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. (Repealed).

2001, c. 23, s. 89; 2019, c. 28, s. 142.

89.1. Two or more transit authorities may constitute a non-profit organization whose main purpose is to provide or make available to them the goods and services they need to carry out their mission. Such an organization may also provide or make available such goods and services to any public body providing public transport.

The members of the board of directors of an organization constituted under the first paragraph are designated by the transit authorities who constituted the organization from among the members of their respective boards.

Sections 92.1 to 108.2 of this Act, 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, with the necessary modifications, to an organization constituted under the first paragraph. The organization is deemed to be a public transit authority for the purposes of any of the regulations made under sections 100 and 103.1 of this Act.

2015, c. 16, s. 12; 2016, c. 8, s. 94.

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.

This section does not apply to the Société de transport de Laval, the Société de transport de Longueuil or the Société de transport de Montréal.

2001, c. 23, s. 90; 2016, c. 8, s. 95.

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.

If a call for tenders contains a contract renewal option, the estimate of the price of the contract must include the renewal and any possible subsequent renewals.

Likewise, if a call for tenders contains an option to make an additional supply of the same goods or services, the estimate of the price of the contract must include the additional supply and any subsequent additional supply.

2010, c. 1, s. 54; 2018, c. 8, s. 215.

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.

If a contract involves an expenditure of at least $25,000 and less than $100,000, is not referred to in the fourth paragraph and is made in accordance with a provision of the by-law on contract management adopted under the fourth paragraph of section 103.2, the list must mention how the contract was awarded.

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, fifth and sixth 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 sixth paragraph is posted.

2010, c. 1, s. 54; 2010, c. 18, s. 86; 2010, c. 42, s. 32; 2017, c. 13, s. 200.

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.

The transit authority must also post on its website, not later than 31 March, the list of all contracts involving an expenditure exceeding $2,000 entered into in the last full fiscal year preceding that date with the same contracting party if those contracts involve a total expenditure exceeding $25,000. That list must state, for each contract, the name of the contracting party, the amount of the consideration and the object of the contract.

2010, c. 1, s. 54; 2010, c. 18, s. 87; 2017, c. 13, s. 201; 2021, c. 35, s. 93.

92.4. A transit authority may unite, by mutual agreement and gratuitously, with a public body subject to the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), a person or body considered a public body under that Act, a non-profit organization, a telecommunications company, an enterprise that transports, distributes or sells gas, water or electricity, or the owner of a mobile home park, in order to perform work.

The union provided for in the first paragraph may concern all or part of the acts to be performed in connection with an eventual contract for the performance of work.

The transit authority shall make sure that any contract with a third party resulting from the union complies with sections 92.1 to 108.2. However, if a municipality is a party to the union, the transit authority shall make sure that the contract complies with sections 477.4 and 573 to 573.3.4 of the Cities and Towns Act (chapter C-19).

The parties to the union shall determine the terms governing it. The terms shall specify which of the by-laws on contract management is to apply, which council is responsible for the performance assessment process, which delegatee is to establish the selection committee, and any other term that would allow the adapted application of sections 92.1 to 108.2 or of sections 573 to 573.3.4 of the Cities and Towns Act, as applicable. Those sections have precedence over any incompatible term determined under this paragraph. Furthermore, the total amount of expenditures of all the parties to the union is to be considered for the application of those sections and section 92.1 or of section 477.4 of the Cities and Towns Act, as applicable.

This section applies despite the Municipal Aid Prohibition Act (chapter I-15).

This section does not prevent a transit authority from giving a mandate to or receiving a mandate from a body or person referred to in this section, in compliance with sections 92.1 to 108.2 and in keeping with the jurisdictions and powers of each.

In addition, a transit authority may, gratuitously, give a mandate to a public body referred to in the Act respecting Access to documents held by public bodies and the Protection of personal information or a person or body considered a public body under that Act, or a non-profit organization, in order to obtain supplies or services or to perform work. A transit authority may receive such a mandate, gratuitously, from such a body or person where the transit authority intends to obtain supplies or the same services or to perform similar work.

2010, c. 1, s. 54; 2010, c. 18, s. 88; 2019, c. 28, s. 143.

93. The following contracts may be awarded only in accordance with section 95 if they involve an expenditure equal to or above the threshold ordered by the Minister:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  supply contracts;

(4)  contracts for the providing of services other than professional services

(a)  covered by a regulation adopted under section 100 or 101, where the contract is made in accordance with that regulation; and

(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 may be awarded only in accordance with section 94 if they involve an expenditure of at least $25,000 but below the expenditure threshold for a contract that may be awarded only after a public call for tenders under the first paragraph.

For the purposes of this section, “supply contracts” includes, in particular, any contract for the purchase, lease or rental of movable property that may include the cost of installing, operating and maintaining the property, and any contract for the lease of equipment with an option to purchase.

2001, c. 23, s. 93; 2002, c. 37, s. 266; 2003, c. 19, s. 220; 2006, c. 60, s. 112; 2018, c. 8, s. 216.

94. Any contract involving an expenditure below the expenditure threshold for a contract that may be awarded only after a public call for tenders under section 93, from among the contracts referred to in the second paragraph of that section, 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 time for the receipt of tenders must not be less than eight days.

The eighth, ninth and tenth 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; 2012, c. 30, s. 24; 2018, c. 8, s. 217.

95. Any contract involving an expenditure equal to or above the threshold ordered by the Minister, 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 public call for 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)  (subparagraph repealed);

(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 be in accordance with the time ordered by the Minister. If the tender documents are amended in such a way as to affect the prices, the amendment must be sent, at least seven days before the expiry of the time limit for the receipt of tenders, to the persons who requested a copy of the call for tenders, a document it refers to or a related document. If the seven-day period cannot be complied with, the time limit for the receipt of tenders shall be extended by the number of days needed to ensure compliance with that minimum period.

A public call for tenders may provide that the transit authority reserves the right to reject any tender from a contractor or supplier having received an unsatisfactory performance assessment in the two years before the tender opening date.

For the purposes of the fifth paragraph, the transit authority may only use an unsatisfactory performance assessment if the assessment meets the following conditions:

(1)  it relates to the carrying out of a contract awarded by the transit authority;

(2)  it was carried out by the person designated for that purpose by the board of directors;

(3)  it is included in a report a copy of which was sent to the contractor or supplier not later than the 60th day after the termination of the contract concerned;

(4)  the contractor or supplier was given at least 30 days after receiving a copy of the report referred to in subparagraph 3 to submit comments in writing to the transit authority; and

(5)  after any comments submitted under subparagraph 4 have been examined, it is a final assessment, having been approved by the board of directors of the transit authority not later than the 60th day after receipt of those comments or, if no comments were submitted, after the expiry of the period specified in subparagraph 4 for submitting comments. A certified copy of the approved assessment must be sent to the contractor or supplier.

A public call for tenders for a contract referred to in the second paragraph may also provide that tenders will be considered only if:

(1)  they are submitted by contractors or suppliers that have an establishment in Canada in the case of supply contracts or contracts for the supply of services involving an expenditure below the ceiling ordered by the Minister;

(2)  they are submitted by contractors or suppliers that have an establishment in Canada for a contract involving an expenditure equal to or above the ceiling ordered by the Minister and whose object is the supply of services other than

(a)  courier or mail services, including email;

(b)  fax services;

(c)  real estate services;

(d)  computer services, including consultation services for the purchase or installation of computer software or hardware, and data processing services;

(e)  maintenance or repair services for office equipment;

(f)  management consulting services, except arbitration, mediation and conciliation services with regard to human resources management;

(g)  architectural or engineering services, except engineering services related to a single transportation infrastructure design and construction contract;

(h)  architectural landscaping services;

(i)  land use and planning services;

(j)  test, analysis or inspection services for quality control;

(k)  exterior and interior building cleaning services;

(l)  machinery or equipment repair services;

(m)  purification services;

(n)  garbage removal services; and

(o)  road services;

(3)  in the case of supply contracts or contracts for the supply of services listed in subparagraph 2 involving an expenditure equal to or above the ceiling ordered by the Minister, they are submitted by contractors or suppliers that have an establishment in Canada, or in any of the territories covered by the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, and are mentioned in the electronic tendering system approved by the Government; or

(4)  in the case of construction contracts, they are submitted by contractors or suppliers that have an establishment in Canada or only in a part of Canada, or in any of the territories covered by the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, and are mentioned in the electronic tendering system approved by the Government according to whether they involve an expenditure below or above the ceiling ordered by the Minister.

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.

At the opening of the tenders, the following must be disclosed aloud:

(1)  the names of the tenderers, including, if applicable, the names of those having electronically submitted a tender whose integrity has not been ascertained, subject to a later verification; and

(2)  the total price of each tender, subject to that verification.

However, if the integrity of at least one tender submitted electronically could not be ascertained at the opening of the tenders, the above disclosure must instead be made within the following four working days, by publishing the result of the opening of the tenders in the electronic tendering system.

Subject to sections 96, 96.1 and 96.3, 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; 2012, c. 30, s. 25; 2016, c. 17, s. 122; 2018, c. 8, s. 218; 2021, c. 7, s. 103; 2021, c. 35, s. 94.

95.1. The Minister of Municipal Affairs, Regions and Land Occupancy shall draw up a guide setting out the elements that may be considered in carrying out a performance assessment referred to in the sixth paragraph of section 95.

The guide is made available to the public in the manner determined by the Minister.

2012, c. 30, s. 26.

95.1.1. Tenders submitted electronically may only be submitted through the electronic tendering system approved by the Government.

In the case of a tender submitted electronically, a transit authority must, at the opening of the tenders, ascertain the integrity of the tender using the electronic tendering system.

Any transit authority that agrees to receive tenders electronically must mention that fact in its calls for tenders or in the documents to which they refer. It must also mention in the calls for tenders or the documents that any tender submitted electronically whose integrity is not ascertained at the opening of tenders is rejected if that irregularity is not remedied within two working days after the notice of default sent by the transit authority.

A tender submitted electronically within the time set in the third paragraph to remedy the default regarding the integrity of a previously submitted tender is substituted for the latter on its integrity being ascertained by the transit authority. That tender is then deemed to have been submitted before the closing date and time set for receiving tenders.

However, a transit authority may not require that tenders be submitted only electronically.

2018, c. 8, s. 219; 2021, c. 7, s. 104.

96. 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 public 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.

The transit authority shall establish a selection committee of at least three members, other than members of the board of directors; the committee must evaluate each tender and assign it a number of points for each criterion.

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 tenth 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; 2012, c. 30, s. 27; 2017, c. 13, s. 202; 2018, c. 8, s. 264; I.N. 2018-06-01.

96.1. A transit authority may 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;

(2.1)  the system must mention, if applicable, all the evaluation criteria and the minimum number of points that must be assigned to each to establish an interim score for a tender;

(2.2)  the system must mention the factor, varying between 0 and 50, to be added to the interim score in the formula in subparagraph e of subparagraph 3 for establishing the final score;

(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 envelopes or electronic sendings containing the proposed price, open only those from persons whose tender has obtained an interim score of at least 70 and return the others unopened to the senders, despite the ninth 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 the factor determined under subparagraph 2.2 by 10,000, by the proposed price.

The call for tenders or a document to which it refers must

(1)  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;

(2)  specify that the tender is to be submitted in an envelope containing all the documents and an envelope containing the proposed price;

(2.1)  despite subparagraph 2, if the transit authority accepts electronic submission of tenders, specify that the tender must be submitted in two separate sendings, the first containing all the documents and the second containing the proposed price;

(3)  mention which criterion, between the lowest proposed price and the highest interim score, will be used to break a tie in the number of points assigned to the final tenders by the selection committee.

The board of directors may not award the contract to a person other than the person who submitted a tender within the prescribed time and whose tender received the highest final score. If more than one tender received the highest final score, the board shall award the contract to the person who submitted the tender that meets the criterion mentioned, in accordance with subparagraph 3 of the second paragraph, in the call for tenders or a document to which it refers.

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

2002, c. 37, s. 268; 2006, c. 60, s. 113; 2012, c. 30, s. 28; 2016, c. 17, s. 123; 2017, c. 13, s. 203; 2018, c. 8, s. 220.

96.2. Where a contract for professional services is to be awarded, a transit authority must use the system of bid weighting and evaluating provided for in section 96 or 96.1.

2017, c. 13, s. 204.

96.3. A supply contract may take the form of a delivery order contract when the procurement requirements are recurrent, and the quantity of goods or the rate or frequency at which they are acquired are uncertain. Such a contract, whose term may not exceed three years, may be entered into with one or more suppliers.

The call for tenders or a document to which it refers must indicate the approximate quantities of the goods that may be acquired or, failing that, the approximate value of the contract.

The tenders are evaluated according to the price or according to a system of bid weighting and evaluating in accordance with section 96 or 96.1.

If the delivery order contract is entered into with more than one supplier, the orders are awarded to the supplier who proposed the lowest price or obtained the highest score, as the case may be, unless the supplier cannot fill the orders, in which case the other suppliers are solicited according to their respective rank.

A delivery order contract may allow any selected supplier to replace goods offered by equivalent goods or to reduce the price of goods offered. The call for tenders or a document to which it refers must then indicate the procedure applicable to make such amendments as well as the mechanism to inform the other selected suppliers of the amendments.

2021, c. 35, s. 95.

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 public call for tenders in relation to such a contract under the seventh paragraph of section 95 or under section 99.0.0.1.

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; 2012, c. 30, s. 29; 2018, c. 8, s. 264; 2021, c. 7, s. 105.

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. Unless otherwise permitted under section 95, section 99.0.0.1 or under the regulations made under any of sections 100, 101 and 103.1, no public call for tenders or document to which it refers may discriminate on the basis of the province, territory or country of origin of the goods, services, insurers, suppliers or contractors.

2001, c. 23, s. 99; 2010, c. 1, s. 56; 2012, c. 30, s. 30; 2018, c. 8, s. 221; 2021, c. 7, s. 106.

99.0.0.1. In addition to what is permitted under section 95, a transit authority may, in a public call for tenders or in a document to which it refers, discriminate in any or a combination of the following ways:

(1)  for the purposes of a construction contract, a supply contract, a contract for services mentioned in the eighth paragraph involving an expenditure below the ceiling ordered by the Minister in respect of each class of contract, or a contract for any other service than those mentioned in the eighth paragraph, by requiring, on pain of rejection of the tender, that all or part of the goods or services be Canadian goods or services or that all or part of the suppliers or contractors have an establishment in Canada; and

(2)  for the purposes of any of the contracts mentioned in subparagraph 1, where the transit authority uses a system of bid weighting and evaluating referred to in section 96 or section 96.1, by considering, as a qualitative evaluation criterion, the Canadian origin of part of the goods, services, suppliers, insurers or contractors.

The maximum number of points that may be assigned to the evaluation criterion in subparagraph 2 of the first paragraph may not be greater than 10% of the total number of points for all the criteria.

In addition and despite the preceding paragraphs, for the purposes of any single contract providing for the design and construction of a transportation infrastructure, a transit authority may require, on pain of rejection of the tender, that all the engineering services related to the contract be provided by suppliers from Canada or Québec.

For the purposes of any services contract by which a transit authority requires that a contractor or supplier operate all or part of a public property for the purpose of providing a service to the public, the transit authority may require, on pain of rejection of the tender, that the services be provided by a contractor or supplier from Canada or Québec.

For the purposes of any contract for the acquisition of mass transit vehicles involving an expenditure equal to or above the threshold ordered by the Minister, a transit authority may require that the other contracting party contract up to 25% of the total contract value in Canada and that the vehicles’ final assembly be included in the subcontracted work.

“Assembly” means the installation and interconnection of any of the following parts and includes the vehicles’ final inspection, test and final preparation for delivery:

(1)  engine, propulsion control system and auxiliary power;

(2)  transmission;

(3)  axles, suspension or differential;

(4)  brake system;

(5)  ventilation, heating or air conditioning system;

(6)  frames;

(7)  pneumatic or electrical systems;

(8)  door system;

(9)  passenger seats and handrails;

(10)  information and destination indicator system and remote monitoring system; and

(11)  wheelchair access ramp.

For the purposes of the first paragraph, goods are deemed to be Canadian goods if assembled in Canada, even if some of their parts do not come from Canada.

The services referred to in subparagraph 1 of the first paragraph are the following services:

(1)  courier or mail services, including email;

(2)  fax services;

(3)  real estate services;

(4)  computer services, including consultation services for the purchase or installation of computer software or hardware, and data processing services;

(5)  maintenance or repair services for office equipment;

(6)  management consulting services, except arbitration, mediation or conciliation services with regard to human resources management;

(7)  architectural or engineering services, except engineering services related to a single transportation infrastructure design and construction contract;

(8)  architectural landscaping services;

(9)  land use and planning services;

(10)  test, analysis or inspection services for quality control;

(11)  exterior and interior building cleaning services;

(12)  machinery or equipment repair services;

(13)  purification services;

(14)  garbage removal services; and

(15)  road services.

Despite the preceding paragraphs, in the case of the contracting process for a contract referred to in the third, fourth or fifth paragraph involving an expenditure equal to or above $20,000,000, the transit authority must apply the discriminatory measures set out with regard to such a contract. The same applies where the transit authority uses a qualitative criterion referred to in subparagraph 2 of the first paragraph with regard to a contract referred to in subparagraph 1 of that paragraph and involving such an expenditure.

Despite the ninth paragraph and subject to compliance with intergovernmental agreements on the opening of public procurement, the Government may, on the conditions it determines, exempt the transit authority from complying with an obligation set out in that paragraph after the transit authority shows, following thorough and documented verification, that the obligation so restricts procurement that there is a real risk of no tender being submitted.

2021, c. 7, s. 107.

99.0.1. If the transit authority uses a system of bid weighting and evaluating described in section 96, it may, in the call for tenders, provide that the opening of tenders will be followed by individual discussions with each tenderer to further define the technical or financial aspects of the project and allow the tenderer to submit a final tender that reflects the outcome of those discussions.

The call for tenders for such contracts must also contain

(1)  the rules for breaking a tie in the points assigned to final tenders by the selection committee;

(2)  the procedure and the time period, which may not exceed six months, for holding discussions; and

(3)  provisions allowing the transit authority to ensure compliance at all times with the rules applicable to it, in particular with respect to access to the documents of public bodies and the protection of personal information.

The selection committee must evaluate each final tender and, for each criterion mentioned in the call for tenders described in the first paragraph, assign points which the secretary of the selection committee shall record in the secretary’s report referred to in section 99.0.8.

The Minister of Municipal Affairs, Regions and Land Occupancy may, on the conditions he determines, authorize the transit authority to pay a financial compensation to each tenderer, other than the one to whom the contract is awarded, who submitted a compliant tender. In such a case, the call for tenders must provide for such a payment and may not be published before the Minister has given his authorization.

2017, c. 13, s. 205.

99.0.2. In addition to any publication required under subparagraph 1 of the second paragraph of section 95, every call for final tenders must be sent in writing to each tenderer referred to in the first paragraph of section 99.0.1.

2017, c. 13, s. 205.

99.0.3. In the case of a call for tenders described in section 99.0.1 or 99.0.2, the prohibition set out in the eighth paragraph of section 95 applies until the reports referred to in section 99.0.8 are tabled.

2017, c. 13, s. 205.

99.0.4. The ninth paragraph of section 95 does not apply to a tender submitted following a call for tenders described in section 99.0.1 or 99.0.2.

Such tenders must be opened in the presence of the secretary of the selection committee; the secretary shall record the names of the tenderers and the price of each tender in the secretary’s report referred to in section 99.0.8.

2017, c. 13, s. 205.

99.0.5. If the transit authority establishes a qualification process described in section 97 to award a single contract referred to in section 99.0.1, it may set a limit, which may not be less than three, on the number of suppliers to which it will grant qualification.

2017, c. 13, s. 205.

99.0.6. Any provision required in order to bring the parties to enter into a contract may be negotiated with the person that obtained the highest score, provided the provision conserves the basic elements of the calls for tenders described in sections 99.0.1 and 99.0.2 and the basic elements of the tender.

2017, c. 13, s. 205.

99.0.7. The discussions and negotiations described in sections 99.0.1 and 99.0.6 are, in the case of the transit authority, under the responsibility of a person identified in the call for tenders who may neither be a board member nor a member or the secretary of the selection committee. The person shall record the dates and subjects of any discussions or negotiations in the person’s report referred to in section 99.0.8.

2017, c. 13, s. 205.

99.0.8. The contract may not be entered into before the secretary of the selection committee and the person referred to in section 99.0.7 table their reports before the board.

The report of the person referred to in section 99.0.7 must certify that any discussions or negotiations were carried out in compliance with the applicable provisions and that all tenderers were treated equally. The report of the secretary of the selection committee must do likewise with respect to every other step of the tendering process.

2017, c. 13, s. 205.

99.1. A transit authority must, by by-law, delegate to any employee the power to establish a selection committee under this division or a regulation made under section 100. The transit authority may set the conditions and procedures for exercising the delegation.

Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no member of the board of directors or employee of the transit authority may disclose information allowing a person to be identified as a member of a selection committee.

The first two paragraphs do not apply to a selection committee established to determine the winner of a competition, but the board may delegate to any employee the power to establish the committee.

2016, c. 17, s. 124.

99.2. If, in any of the situations mentioned in the second paragraph, a transit authority requires certain technical specifications, it must describe those specifications in terms of performance or functional requirements rather than in terms of descriptive characteristics. If unable to do so, the transit authority must provide that any description containing what is equivalent to descriptive characteristics will be considered compliant, and may define how equivalency to such characteristics will be evaluated.

The situations concerned are those

(1)  where, in a call for tenders under section 95 or under a regulation made under section 100 or 101, or in any document referred to in such a call for tenders, a transit authority requires technical specifications with regard to goods, services or work;

(2)  where, under section 96 or 96.1, a transit authority evaluates tenders submitted after a call for tenders under section 95 or under a regulation made under section 100 or 101 on the basis of the technical specifications of the goods, services or work; and

(3)  where, under sections 97 and 98, a transit authority establishes a qualification, certification or registration process that takes into account the technical specifications of the goods, services or work.

Technical specifications of goods, services or work include, in particular, their physical or, as applicable, professional characteristics and attributes.

2018, c. 8, s. 222.

100. The Government may, by regulation, determine the procedure for making a contract for the supply of services that, under an Act or regulation, may be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered professional accountant, lawyer or notary. Such a regulation must establish the rules applicable to the making of such a contract.

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; 2012, c. 30, s. 31; 2018, c. 8, s. 223.

101. The Government may, by regulation, allow a contract to be made for the supply of engineering, architectural or design services with the winner of a competition.

The regulation may prescribe all the rules for holding the competition and making and managing the contract. The regulation may also include rules for publishing the competition results.

The regulation may prescribe classes of contracts and services, and different rules according to those classes.

For the purposes of this section, “design” includes any professional discipline that aims to ensure the functional or aesthetic design of goods so as to improve the human environment.

2001, c. 23, s. 101; 2002, c. 37, s. 270; 2006, c. 60, s. 114; 2012, c. 11, s. 33; 2018, c. 8, s. 224.

101.1. Section 93 and any regulation made under section 100 or 101 do not apply to a contract

(1)  that is a supply contract, or to a contract for the supply of services, for which a tariff is fixed or approved by the Government of Canada or the Gouvernement du Québec or any of its ministers or bodies;

(2)  that is an insurance or supply contract, or to a contract for the supply of services, that is entered into either with a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) or with a supplier who, after thorough and documented verification, is found to be the only supplier in all the territories covered by an intergovernmental agreement on the opening of public procurement that is applicable to municipalities and to municipal bodies such as a public transit authority;

(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;

(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 movable property 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 a regulation made under section 100 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.

Section 93 does not apply to a contract covered by a regulation made under section 100 or 101 where the contract is made in accordance with that regulation.

2006, c. 60, s. 115; 2010, c. 18, s. 90; 2010, c. 42, s. 33; 2018, c. 8, s. 225.

101.2. To enter into a contract that, but for section 101.1, would have been subject to sections 93 and 95 with a supplier that is the only one in a position to provide the goods or services under subparagraph 2 of the first paragraph of section 101.1, a transit authority must, at least 15 days before entering into the contract, publish on the electronic tendering system approved by the Government a notice of intention allowing any person to express interest in entering into it. The notice of intention must, among other things, specify or include

(1)  the name of the person with whom the transit authority intends to enter into the contract in accordance with section 101.1;

(2)  a detailed description of the transit authority’s procurement requirements and the contract obligations;

(3)  the projected contract date;

(4)  the reasons invoked allowing the transit authority to enter into the contract in accordance with section 101.1; and

(5)  the address at which and deadline by which a person may express interest electronically and demonstrate that he, she or it is capable of carrying out the contract on the basis of the procurement requirements and obligations stated in the notice, that deadline being five days before the projected contract date.

2017, c. 27, s. 214; 2018, c. 8, s. 226.

101.3. Where a person has expressed interest in entering into the contract in accordance with paragraph 5 of section 101.2, the transit authority shall electronically send the person its decision as to the contract, at least seven days before the projected contract date. If that seven-day period cannot be complied with, the contract date must be deferred by the number of days needed to ensure compliance with that minimum period.

The transit authority must also inform the person of the person’s right to file a complaint under section 38 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1) within three days after receiving the decision.

If no person has expressed interest by the deadline under paragraph 5 of section 101.2, the contract may be entered into before the projected contract date specified in the notice of intention.

2017, c. 27, s. 214.

102. A transit authority may not divide into several contracts having similar subject-matter an insurance contract, a contract for the performance of work, a supply contract or a contract for the supply 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; 2018, c. 8, s. 227.

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. 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; 2019, c. 28, s. 144.

103.0.1. Subject to compliance with intergovernmental agreements on the opening of public procurement, the Government may, on the recommendation of the Minister of Municipal Affairs, Regions and Land Occupancy, authorize a transit authority that uses the system of bid weighting and evaluating provided for in section 96 to make a contract related to a public transit infrastructure and allow the transit authority, despite sections 96 and 99.0.1 to 99.0.8,

(1)  to defer knowledge and evaluation of the price;

(2)  to evaluate only the price of the tenders that have obtained the minimum score for the other criteria of the system of bid weighting and evaluating;

(3)  for a transit authority that has previously established a certification and qualification process for suppliers or contractors, as soon as the public call for tenders is issued, to carry out discussions with those who are certified or qualified in order to clarify the project;

(4)  to not require the submission of preliminary tenders before final tenders so as to make way for the discussion process intended to clarify the project;

(5)  where all the tenderers have submitted a compliant tender and each of the tenders proposes a price that is higher than the estimate established by the transit authority, to negotiate with all the tenderers individually any provision required to bring the parties to enter into a contract while preserving the fundamental elements of the call for tenders and of the tenders; and

(6)  to pay, on the conditions the Government establishes, a financial compensation to any supplier or contractor that is certified or qualified and, if the contract is awarded, that is not the successful tenderer for the contract for which the process was held where that process is established solely to award a single contract.

The Government may establish the conditions under which the Minister of Municipal Affairs, Regions and Land Occupancy may authorize a transit authority to pay the financial compensation provided for in subparagraph 6 of the first paragraph. It may also confer on the Minister the power to establish the conditions under which the Minister may authorize a transit authority to pay that compensation.

The conditions ordered under the first paragraph may depart from the provisions mentioned by amending them or by providing that one or some of those provisions do not apply and, as the case may be, may replace them by any other provision.

2021, c. 7, s. 108.

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 des normes, de l’équité, 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; 2015, c. 15, s. 237.

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 $5,000 to $30,000 in the case of a natural person and $15,000 to $100,000 in all other cases.

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

2011, c. 18, s. 59; 2015, c. 8, s. 105.

103.2. Every transit authority must adopt a by-law on contract management.

The by-law 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 by-law must include

(1)  measures to ensure compliance with any applicable anti-bid-rigging legislation;

(2)  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;

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

(4)  measures to prevent conflict of interest situations;

(5)  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;

(6)  measures to govern the making of decisions authorizing the amendment of a contract; and

(7)  measures to promote rotation among prospective contracting parties for contracts that may be made by agreement under the rules adopted under the fourth paragraph and that involve an expenditure of at least $25,000 but below the expenditure threshold for a contract that may be awarded only after a public call for tenders under section 95.

The by-law may prescribe the rules governing the making of contracts that involve an expenditure of at least $25,000 but below the expenditure threshold for a contract that may be awarded only after a public call for tenders under section 95. The rules may vary according to determined categories of contracts. Where such rules are in force, neither the second paragraph of section 93 nor section 94 apply to those contracts.

The by-law, and any other by-law regarding contract management, in particular any by-law delegating the power to incur an expense or make a contract, must be permanently published on the transit authority’s website.

Not later than 30 days after the day on which a by-law is adopted under this section, the secretary of the transit authority must send a certified copy of it to the Minister of Municipal Affairs, Regions and Land Occupancy.

The transit authority shall table a report on the application of the by-law at least once a year at a sitting of the board of directors.

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

2010, c. 1, s. 58; 2010, c. 18, s. 93; 2010, c. 42, s. 34; 2016, c. 17, s. 125; 2017, c. 13, s. 206; 2018, c. 8, s. 228.

103.2.0.1. A transit authority may adopt a responsible procurement policy that takes into account the principles set out in section 6 of the Sustainable Development Act (chapter D-8.1.1).

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

2021, c. 7, s. 109.

103.2.1. A transit authority must provide equitable resolution of complaints filed with it in the course of the awarding of a contract through a public call for tenders or otherwise. It must, for that purpose, establish a procedure for receiving and examining the complaints filed.

The transit authority shall make the procedure available at all times by publishing it on its website.

To be admissible, a complaint must be sent electronically to the person in charge identified in the procedure. A complaint under section 103.2.2 must be filed on the form determined by the Autorité des marchés publics under section 45 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1).

2017, c. 27, s. 215.

103.2.2. In the case of an ongoing public call for tenders, only a person or group of persons interested in participating in the awarding process or the representative of such a person or group may file a complaint about the process on the grounds that the tender documents contain conditions that do not ensure the honest and fair treatment of tenderers, do not allow tenderers to compete although they are qualified to meet the stated procurement requirements, or are otherwise not compliant with the transit authority’s normative framework.

The complaint must be filed with the transit authority not later than the complaint filing deadline indicated on the electronic tendering system approved by the Government. That deadline is determined, subject to the third paragraph, by adding to the date on which the call for tenders is advertised a period corresponding to half the time for receiving tenders but which may not be less than 10 days.

The transit authority must ensure that there is a period of at least four working days between the tender closing date and the complaint filing deadline.

Such a complaint may pertain only to the content of the tender documents available on the electronic tendering system not later than two days before that deadline.

The complainant shall, without delay, send a copy of the complaint to the Autorité des marchés publics for information purposes.

On receiving a first complaint, the transit authority must make an entry to that effect on the electronic tendering system without delay, after having ascertained the complainant’s interest.

Any amendment made to the tender documents before the complaint filing deadline indicated on the electronic tendering system that modifies the tender closing date defers the complaint filing deadline by a period corresponding to half the number of days by which the tender submission period was extended.

Any amendment made three days or less before the tender closing date results in a minimum three-day deferral of that date. However, the deferral must be such as to ensure that the day preceding the new tender closing date is a working day.

For the purposes of this section, Saturday is considered a holiday, as are 2 January and 26 December.

2017, c. 27, s. 215.

103.2.3. Any amendment made to the tender documents must contain the information relating to the deadline for filing a complaint under section 103.2.2 or under section 40 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1). Any amendment made to the tender documents must also indicate whether it results from a recommendation of the Autorité des marchés publics.

2017, c. 27, s. 215.

103.2.4. In the case of a complaint under section 103.2.2, the transit authority must send the complainant its decision electronically after the complaint filing deadline but not later than three days before the tender closing date it has determined. If necessary, the transit authority must defer the tender closing date.

If the transit authority has received two or more complaints about the same call for tenders, it must send both or all of its decisions at the same time.

The transit authority must, when sending its decision on a complaint filed with it, make an entry to that effect on the electronic tendering system without delay.

The transit authority must defer the tender closing date by the number of days needed to allow a minimum period of seven days to remain from the date its decision is sent.

The transit authority must also, if applicable, inform the complainant of the complainant’s right to file a complaint under section 37 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1) within three days after receiving the decision.

If, two days before the tender closing date, the transit authority has not indicated on the electronic tendering system that it has sent its decision on a complaint, the system operator must, without delay, defer the tender closing date by four days. If the deferred date falls on a holiday, it must again be deferred to the second next working day. In addition, if the day preceding the deferred date is not a working day, that date must be deferred to the next working day. For the purposes of this section, Saturday is considered a holiday, as are 2 January and 26 December.

2017, c. 27, s. 215.

103.2.5. Sections 103.2.1 to 103.2.4 apply to certification or qualification processes, with the necessary modifications.

2017, c. 27, s. 215.

104. A transit authority may obtain any movable property or service from or through the Centre d’acquisitions gouvernementales or, as the case may be, Minister of Cybersecurity and Digital Technology.

A transit authority may enter into a contract by mutual agreement with a cloud supplier or service provider who is a party to a framework agreement entered into with Minister of Cybersecurity and Digital Technology, provided that

(1)  the contract concerns goods or services referred to in the framework agreement;

(2)  the term of the contract, including any renewal, does not exceed three years;

(3)  the supplier or service provider retained is the one whose tender is the most advantageous based on the price of the contract or any other criteria related to the object of the contract, such as technological compatibility, accessibility of goods or services, performance and technical assistance; and

(4)  the goods or services referred to in the framework agreement take into account the applicable criteria related to security, levels of services and compliance.

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 d’acquisitions gouvernementales or, as the case may be, Minister of Cybersecurity and Digital Technology 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; 2016, c. 30, s. 8; 2020, c. 2, s. 69; 2020, c. 2, s. 69; 2021, c. 33, s. 45.

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 public call for tenders for the purpose of awarding an insurance contract, supply contract or contract for the supply of services.

For the purposes of the first paragraph, a supply contract 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 public call for 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; 2018, c. 8, s. 229.

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.

108.1.0.1. The Minister of Municipal Affairs, Regions and Land Occupancy shall order, by regulation,

(1)  the expenditure threshold for a contract that may be awarded only after a public call for tenders under the first paragraph of section 93 and the first paragraph of section 95;

(2)  the minimum time for the receipt of tenders after a public call for tenders under the fourth paragraph of section 95;

(3)  the expenditure ceiling allowing the territory from which tenders originate to be limited under the seventh paragraph of section 95; and

(4)  the expenditure ceilings and threshold that, under subparagraph 1 of the first paragraph and the fifth paragraph of section 99.0.0.1, respectively, allow discrimination based on territory.

The thresholds, ceilings and time ordered under this section may vary according to the class of contract, in particular according to the type of contract concerned or the amount of the expenditure involved. They may also vary according to other criteria determined by the Minister.

2018, c. 8, s. 230; 2021, c. 7, s. 110.

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, and any insurance contract, supply contract or contract for the supply of 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 sections 25.0.2 and 25.0.3 of that Act and the responsibilities conferred on the Chair of the Conseil du trésor by sections 25.0.3 and 25.0.5 of that Act.

2011, c. 17, s. 63; 2011, c. 35, s. 60; 2017, c. 27, s. 216; 2018, c. 8, s. 231.

108.1.2. Sections 21.3.1, 21.17 to 21.17.2, 21.18, 21.25, 21.34, 21.35, 21.38, 21.39, 21.41, 21.41.1, 25.0.2 to 25.0.5, 27.6 to 27.9, 27.11, 27.13, 27.14 and 27.14.1 of the Act respecting contracting by public bodies (chapter C-65.1) apply, with the necessary modifications, in respect of any contract awarded by a transit authority that involves an expenditure equal to or greater than the amount determined by the Government under section 21.17 of that Act or is designated by the Government under section 21.17.1 of that Act and that is a contract for the performance of work, insurance contract, supply contract or contract for the supply of services.

For the purposes of those sections, any contract referred to in the first paragraph is deemed to be a public contract, any subcontract that involves an expenditure equal to or greater than the amount determined by the Government under section 21.17 of that Act or is designated by the Government under section 21.17.1 of that Act and is directly or indirectly related to such a contract is deemed to be a public subcontract, every transit authority is deemed to be a public body, and the Minister of Municipal Affairs, Regions and Land Occupancy exercises, in respect of those public contracts and subcontracts, the responsibilities conferred on the Conseil du trésor or its Chair.

For the purposes of the application of Chapter V.2 of that Act to transit authorities, a natural person is considered to be an enterprise even if the person does not operate a sole proprietorship.

2012, c. 25, s. 83; 2017, c. 27, s. 217; 2018, c. 8, s. 232.

108.1.3. Every person who communicates or attempts to communicate, directly or indirectly, with a member of a selection committee in order to influence the member concerning a call for tenders before a contract is awarded is guilty of an offence and liable to a fine of $5,000 to $30,000 in the case of a natural person and $15,000 to $100,000 in all other cases.

For a second or subsequent offence, the minimum and maximum fines are doubled.

This section does not apply in the case of a person presenting a proposal to a selection committee formed to determine the winner of a competition.

2016, c. 17, s. 126; 2017, c. 27, s. 218.

108.1.4. A member of a selection committee who discloses or makes known, without being duly authorized to do so, any confidential information that is sent to the member or that came to the member’s knowledge in the exercise of the member’s functions within the committee is guilty of an offence and is liable to a fine of $5,000 to $30,000.

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

2017, c. 27, s. 219.

108.1.5. Penal proceedings under section 103.1.1, 108.1.3 or 108.1.4 must be instituted within three years after the time the prosecutor becomes aware of the commission of the offence. However, no proceedings may be instituted if more than seven years have elapsed since the date of the offence.

2017, c. 27, s. 219.

108.2. A member of the board of directors who knowingly fails to comply with the prohibition set out in the eighth 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 108.1.2, in a regulation made under section 100, 101 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 subparagraph 4 of the first paragraph of article 529 and articles 532 to 535 of the Code of Civil Procedure (chapter C-25.01); 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; 2012, c. 25, s. 84; 2012, c. 30, s. 32; 2014, c. 1, s. 780; 2018, c. 8, s. 233.

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.

The obligation to inform the city of the fares and rates that will be effective during the period covered by its next budget, provided for in the first paragraph, does not apply to the Société de transport de Laval, the Société de transport de Longueuil or the Société de transport de Montréal. Those transit authorities must inform the city of any contracts they enter into with the Autorité régionale de transport métropolitain.

2001, c. 23, s. 116; 2001, c. 66, s. 25; 2016, c. 8, s. 96.

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.

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; 2016, c. 17, s. 127.

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 rate of interest and other conditions of the loans must be authorized 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; 2013, c. 16, s. 210.

124. A transit authority may contract temporary loans.

However, in the case of loans intended to finance a capital expenditure project for which a transit authority receives a government grant, the interest rate and other conditions of the loans must be authorized by the Minister of Finance.

2001, c. 23, s. 124; 2003, c. 19, s. 250; 2005, c. 28, s. 133; 2022, c. 3, s. 59.

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.

This section does not apply to the Société de transport de Laval, the Société de transport de Longueuil or the Société de transport de Montréal.

2001, c. 23, s. 130; 2016, c. 8, s. 97.

130.1. The Société de transport de Laval, the Société de transport de Longueuil and the Société de transport de Montréal must each adopt an organizational strategic plan that includes

(1)  a description of its mission;

(2)  the context in which it acts and the main challenges it faces;

(3)  the strategic directions, objectives and lines of action selected;

(4)  the results targeted over the period covered by the plan; and

(5)  the performance indicators to be used to measure results.

Each transit authority referred to in the first paragraph sends its strategic plan, and any amendment to it, to the Communauté métropolitaine de Montréal for approval, within 30 days after they are adopted.

2016, c. 8, s. 98.

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 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; 2016, c. 8, s. 99.

132. Each year, a transit authority shall produce a program of capital expenditures for the next 10 years in accordance with its strategic plan.

In the case of the Société de transport de Laval, the Société de transport de Longueuil and the Société de transport de Montréal, the program shall also be produced in accordance with the strategic shared transportation development plan of the Autorité régionale de transport métropolitain.

2001, c. 23, s. 132; 2016, c. 8, s. 100.

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.

The program shall contain an asset maintenance plan that includes actions designed to foster the longevity of the assets and provide for the level of investments required for their maintenance.

2001, c. 23, s. 133; 2016, c. 8, s. 101.

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 and, for the Société de transport de Laval, the Société de transport de Longueuil and the Société de transport de Montréal, to the Autorité régionale de transport métropolitain 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; 2016, c. 8, s. 102.

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 and, for the Société de transport de Laval, the Société de transport de Longueuil and the Société de transport de Montréal, to the Autorité régionale de transport métropolitain within the same time.

2001, c. 23, s. 135; 2001, c. 66, s. 34; 2016, c. 8, s. 103.

CHAPTER V AUDITING AND REPORTS

136. At the end of the fiscal year, the treasurer shall draw up the financial report for the past fiscal year and certify that it is accurate. The report must include the financial statements and any other document or information required by the Minister of Municipal Affairs, Regions and Land Occupancy.

The treasurer shall also produce any other document or information required by that Minister.

That Minister may prescribe any rule relating to the documents and information referred to in the first two paragraphs.

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; 2017, c. 13, s. 207.

137. The books and accounts of a transit authority shall be audited each year by an auditor designated by the transit authority. The auditor shall send his or her report to the treasurer.

The transit authority shall fix the auditor’s term at not more than five fiscal years.

2001, c. 23, s. 137; 2017, c. 13, s. 208; 2018, c. 8, s. 234.

138. The treasurer must, at a meeting of the board of directors, table the financial report, the auditor’s report sent in accordance with section 137 and any other document the tabling of which is prescribed by the Minister of Municipal Affairs, Regions and Land Occupancy.

2001, c. 23, s. 138; 2017, c. 13, s. 209.

139. After the tabling referred to in section 138 and not later than 15 April, the secretary shall send the financial report and the auditor’s report to the Minister of Municipal Affairs, Regions and Land Occupancy and to the clerk of the city.

The secretary shall also send to that minister, within the time prescribed by the latter, the documents and information referred to in the second paragraph of section 136.

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; 2017, c. 13, s. 210.

139.1. If, after the sending referred to in section 139, an error is found in the financial report, the treasurer may make the necessary correction. If the correction is required by the Minister of Municipal Affairs, Regions and Land Occupancy, the treasurer must make the necessary correction as soon as possible. The treasurer must table any corrected report before the board of directors and the secretary must send it to that Minister and to the clerk of the city.

The first paragraph applies, with the necessary modifications, to the documents and information referred to in the second paragraph of section 136.

2017, c. 13, s. 211.

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. (Repealed).

2001, c. 23, s. 143; 2015, c. 16, s. 13.

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 or attempts to hinder in any way the exercise of the inspector’s functions, misleads the inspector through concealment or misrepresentation, refuses to hand over a document or information the inspector is entitled to require or examine, or conceals or destroys such a document is guilty of an offence and is liable to a fine of not less than $250 nor more than $500.

2001, c. 23, s. 146; 2015, c. 16, s. 14.

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.

The Société de transport de Montréal may also, with the authorization of the Autorité régionale de transport métropolitain, acquire any property required for the subway extension. The subway system may not be expanded at any time without the authorization of the Government.

2001, c. 23, s. 151; 2016, c. 8, s. 104.

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 Land Registry Office and the Land Registrar shall receive the plan and make a notation in its respect in the land register.

If the transfer of ownership provided for in the first paragraph concerns land in the domain of the State, it is subject to the reserve provided for in section 75 of the Cultural Heritage Act (chapter P-9.002).

2001, c. 23, s. 154; 2008, c. 18, s. 110; 2019, c. 15, s. 19; 2020, c. 17, s. 98.

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 clerk of the city concerned.

After receiving the resolution, the city concerned may not, except for urgent repairs, issue a permit or certificate or grant an authorization for a structure, alteration or repair in connection with such property. 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; 2019, c. 15, s. 20.

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, metropolis of Québec (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 Land Registrar 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; 2020, c. 17, s. 99.

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 Autorité régionale de transport métropolitain. Sections 134 and 135 apply with the necessary modifications.

2001, c. 23, s. 158; 2007, c. 10, s. 27; 2016, c. 8, s. 105.

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, metropolis of Québec (chapter C-11.4).

However, the first paragraph does not apply in respect of any part of a loan ordered for the purposes of an investment, where the transit authority provides for the repayment of that part of the loan out of its revenues derived directly from legal persons, other bodies, special funds within the meaning of section 5.1 of the Financial Administration Act (chapter A-6.001) or any other organization whose results are included in the budget balance defined in section 2 of the Balanced Budget Act (chapter E-12.00001).

2010, c. 42, s. 35; 2013, c. 16, s. 211.

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. (Repealed).

2001, c. 23, s. 159; 2016, c. 8, s. 106.

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 Autorité régionale de transport métropolitain, operate part of its public bus transportation enterprise outside its area of jurisdiction.

2001, c. 23, s. 161; 2016, c. 8, s. 107.

162. Notwithstanding paragraph 1 of section 126, the Autorité régionale de transport métropolitain 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; 2016, c. 8, s. 107.

CHAPTER II SOCIÉTÉ DE TRANSPORT DE QUÉBEC

162.1. In addition to what is provided for in section 4, the mission of the Société de transport de Québec is to operate a guided land transport enterprise, namely a tramway, in its area of jurisdiction.

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

The Société de transport de Québec may also acquire any property required for any tramway extension. The tramway network may not be expanded at any time without the authorization of the Government.

2019, c. 15, s. 21.

162.2. The Société de transport de Québec may expropriate, in its area of jurisdiction, any property necessary for its tramway guided land transport enterprise.

2019, c. 15, s. 21.

162.3. Where underground construction work is undertaken, as of the commencement of the work and without other formality or indemnity but subject to an action for damages, the Société de transport de Québec shall become the owner of the underground volume occupied by the tunnel and of the area extending five metres outward from the interior concrete wall of the tunnel if the upper limit of the tunnel is at least 15 metres underground. 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 Québec 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 the work, the Société 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 Land Registry Office and the Land Registrar shall receive the plan and make a notation in its respect in the land register.

If the transfer of ownership provided for in the first paragraph concerns land in the domain of the State, it is subject to the reserve provided for in section 75 of the Cultural Heritage Act (chapter P-9.002).

2019, c. 15, s. 21; I.N. 2021-12-01.

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

After receiving the resolution, the city concerned may not, except for urgent repairs, issue a permit or certificate or grant an authorization for a structure, alteration or repair in connection with such property. 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 for in Title III of the Expropriation Act (chapter E-24).

2019, c. 15, s. 21.

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

2019, c. 15, s. 21.

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

Sections 134 and 135 apply with the necessary modifications.

2019, c. 15, s. 21.

162.7. When the Société de transport de Québec plans to carry out work or works necessary for the pursuit of its mission provided for in section 162.1 and relating to the tramway network, the urban agglomeration council of Ville de Québec 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 Québec must comply with in carrying out the work and works concerned. The by-law may not be adopted before the tabling, before the urban agglomeration council of Québec, 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.

That policy 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.

2019, c. 15, s. 21.

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 Autorité régionale de transport métropolitain.

2001, c. 23, s. 168; 2016, c. 8, s. 107.

169. Notwithstanding paragraph 1 of section 126, the Autorité régionale de transport métropolitain 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; 2016, c. 8, s. 107.

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 Autorité régionale de transport métropolitain.

2001, c. 23, s. 171; 2016, c. 8, s. 107.

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 Autorité régionale de transport métropolitain, operate part of its public bus transportation enterprise outside its territory.

2001, c. 23, s. 176; 2016, c. 8, s. 107.

177. Notwithstanding paragraph 1 of section 126, the Autorité régionale de transport métropolitain 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; 2016, c. 8, s. 107.

178. (Repealed).

2001, c. 23, s. 178; 2016, c. 8, s. 108.

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, metropolis of Québec (chapter C-11.4), section 157 of the Charter of Ville de Québec, national capital of 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 139.1 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; 2019, c. 28, s. 145.

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.