c-11.1 - Charter of Ville de Gatineau

Updated to 2 April 2002

This document has official status.

chapter C-11.1

Charter of Ville de Gatineau

O.C. 1312-2001, s. 1.

CHAPTER I CONSTITUTION OF THE MUNICIPALITY

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

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

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

2. The city is a legal person.

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

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

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

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

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

5. The city succeeds to the rights, obligations and charges of the Communauté urbaine de l’Outaouais and to those of the following municipalities as they existed on 31 December 2001: Ville d’Aylmer, Ville de Buckingham, Ville de Gatineau, Ville de Hull et Ville de Masson-Angers.

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

2000, c. 56, Sch. IV, s. 5; 2001, c. 25, s. 406.

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in force in the territory for which they were made until their objects are attained or until they are replaced or repealed in accordance with this Act.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

2000, c. 56, Sch. IV, s. 6; 2001, c. 25, s. 407.

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

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

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

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

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

If it avails itself of the power provided for in the second paragraph in respect of a debt, the city may not, to establish the tax burden provided for in section 76.1, charge to the revenues derived from the taxation specific to the non-residential sector that come from the territory in question a percentage of the financing of the expenditures related to that debt greater than the percentage corresponding to the quotient obtained by dividing the total of those revenues by the total revenues provided for in subparagraphs 1 to 7 of the fifth paragraph of section 8.6 and coming from that territory. If the tax burden is established for the 2002 fiscal year or a subsequent fiscal year, the revenues of the preceding fiscal year shall be considered for that division.

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

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

(1)  revenues from the business tax;

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

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

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

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

The date of the determination of a sum pursuant to subparagraph 4 of the second paragraph of section 137 of the Supplemental Pension Plans Act or of an unfunded actuarial liability provided for in the sixth paragraph must be earlier than 1 January 2002. In addition, in the case of an improvement unfunded actuarial liability, the amendment must have been made before 1 January 2002. However, if a pension plan still has such a sum or unfunded actuarial liability on the date of its division, merger or termination, the contributions paid by the city for that purpose after that date are deemed to be paid in respect of any sum or the amortization of any liability to which the sixth paragraph refers. Every pension plan to which a municipality referred to in section 5 was required to contribute must, if it is subject to Chapter X of the Supplemental Pension Plans Act, be the subject of an actuarial valuation as at 31 December 2001. The executive committee must cause a report of each actuarial valuation to be prepared by the actuary it designates. Section 119 of the Supplemental Pension Plans Act applies, with the necessary modifications, to each report.

Are deemed to constitute a surplus or expenditures related to a debt of a municipality mentioned in section 5, respectively, the revenues or costs in relation to legal proceedings or a dispute to which such a municipality or, as the case may be, the city is a party in respect of an event prior to 1 January 2002 that concerns the municipality.

2000, c. 56, Sch. IV, s. 8; 2001, c. 25, s. 408; O.C. 1312-2001, s. 3; 2001, c. 68, s. 184.

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

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

2001, c. 25, s. 409.

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

2001, c. 25, s. 409.

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

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

2001, c. 25, s. 409.

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

2001, c. 25, s. 409; 2001, c. 68, s. 185.

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

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

2001, c. 25, s. 409; O.C. 1312-2001, s. 4.

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

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

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

(2)  are financed by revenues derived from

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2001, c. 25, s. 409; O.C. 1312-2001, s. 5.

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

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

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

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

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

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

2000, c. 56, Sch. IV, s. 9; 2001, c. 68, s. 186.

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

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

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

CHAPTER II EXECUTIVE COMMITTEE

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

11. The executive committee of the city is composed of the mayor and four council members designated by the mayor.

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

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

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

The clerk of the city is by virtue of office the secretary of the committee. In his absence, the assistant clerk will exercise that function.

2000, c. 56, Sch. IV, s. 12; O.C. 1312-2001, s. 2.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

However, the executive committee sits in public

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

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

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

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

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

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

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

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

2000, c. 56, Sch. IV, s. 21.

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

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

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

2000, c. 56, Sch. IV, s. 22.

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

However, the following powers may not be delegated:

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

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

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

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

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

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

2000, c. 56, Sch. IV, s. 23; 2001, c. 25, s. 410.

24. The executive committee may adopt an internal management by-law concerning its meetings and the conduct of its affairs. The by-law may, to the extent permitted by the internal management by-laws of the city, provide for the delegation of any power of the executive committee to any officer or employee of the city and fix the conditions and procedures for the exercise of the delegated power.

2000, c. 56, Sch. IV, s. 24; 2001, c. 25, s. 411.

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

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

CHAPTER III CONSEIL DES ARTS

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

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

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

27. The arts council has the following functions:

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

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

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

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

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

28. The council shall determine, by the by-law referred to in section 26, the number of members composing the arts council, the qualifications they must have, the duration of their terms and the time and method of their appointment and replacement, as well as the rules of internal management and operation of the arts council, and the rules of procedure for its meetings.

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

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

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

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

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

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

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

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

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

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

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

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

33. The arts council is provided with a special fund of which the treasurer of the arts council has custody.

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

34. The fund is constituted of

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

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

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

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

2000, c. 56, Sch. IV, s. 34.

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

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

2000, c. 56, Sch. IV, s. 35.

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

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

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

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

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

37. The city shall fix the annual contribution that must be paid into the fund by a municipality in respect of which the arts council has jurisdiction pursuant to section 36; it shall also fix the terms and conditions and the time of payment of the contribution.

A municipality may require the city to fix in its respect, for a period of three years, the contribution, the terms and conditions and the time referred to in the first paragraph before it transmits its resolution to the clerk of the city in accordance with the first paragraph of section 36, or, where applicable, at least one month before the expiry of the time allowed it to give a notice in accordance with the third paragraph of that section.

2000, c. 56, Sch. IV, s. 37.

38. A municipality in respect of which the arts council has jurisdiction pursuant to section 36 is authorized and required to pay into the fund the annual contribution fixed in its regard in accordance with section 37.

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

39. For the purposes of this chapter, “territory of the city” includes the territory of a municipality in respect of which the arts council has jurisdiction pursuant to section 36.

2000, c. 56, Sch. IV, s. 39.

CHAPTER IV FIELDS OF JURISDICTION

2000, c. 56, Sch. IV, s. 40.

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

2000, c. 56, Sch. IV, s. 40.

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

(1)  land use planning and development;

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

(3)  residual materials disposal, recovery and recycling;

(4)  recreation and parks;

(5)  water purification and drinking water supply;

(6)  social housing;

(7)  tourist promotion and hospitality; and

(8)  the municipal court.

2000, c. 56, Sch. IV, s. 41; 2001, c. 25, s. 412.

42. The city shall maintain a service and information centre in each sector formed by the territory of the municipalities referred to in section 5 as it existed on 31 December 2001, for the purpose of issuing permits and affording the population access to information on any matter within the authority of the city.

Notwithstanding the first paragraph, the city is not required to maintain such a centre in the sector in which it has its office.

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

DIVISION I ECONOMIC, COMMUNITY, CULTURAL AND SOCIAL DEVELOPMENT

2000, c. 56, Sch. IV, s. 43; 2001, c. 25, s. 414.

43. The city shall prepare a plan relating to the development of its territory providing, in particular, for the objectives pursued by the city as regards economic, community, cultural and social development.

2000, c. 56, Sch. IV, s. 43; 2001, c. 25, s. 415.

44. The city has exclusive jurisdiction to undertake the promotion of its territory to stimulate economic growth and diversification.

The city may, for that purpose,

(1)  support the establishment of businesses in and the inflow of capital to its territory and promote the implementation of projects having significant economic impact;

(2)  promote the goods and services produced within its territory on markets outside its territory;

(3)  establish connections with organizations engaged in the economic development of its territory;

(4)  establish sectoral joint action groups to define intervention priorities.

2000, c. 56, Sch. IV, s. 44; 2001, c. 25, s. 416.

45. The city may, on the conditions it determines, delegate to an existing body or to a body it establishes for that purpose the exercise of all or part of the jurisdiction assigned to it by section 44. The city shall, on the conditions it determines, grant the body the sums required to exercise that jurisdiction.

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

DIVISION II WASTE DISPOSAL, RECOVERY AND RECYCLING

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

46. The city may establish, own and operate a residual materials disposal facility within or outside its territory, regulate the use thereof and sell the energy resulting from the operation of the facility.

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

47. The city may enter into a contract under which it entrusts a person with the operation of a residual materials disposal facility or entrusts the disposal of residual materials to a person who owns and operates such a facility.

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

48. The city may enter into a convention with the Minister under which it is authorized by the Minister to negotiate a contract of the kind known as a “turn-key contract”, in exercising its jurisdiction over a residual materials disposal facility.

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

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

49. The turn-key contract must state the objectives contemplated by the city and, as the case may be, the cost limits and other general conditions with which the facility must conform.

The contract confers on the contracting partner the responsibility of designing a facility that meets the objectives and conforms with the limits and conditions, of building the facility and operating it for a period fixed in the contract, which may in no case be less than five years.

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

2000, c. 56, Sch. IV, s. 49.

50. Following a convention made with the Minister, the city may negotiate a turn-key contract without being required to make a call for tenders, notwithstanding sections 573 and 573.1 of the Cities and Towns Act (chapter C‐19).

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

51. The city shall submit to the Minister the draft turn-key contract it has negotiated following the convention.

If the Minister gives his or her approval, the city may make the contract, which requires no other approval.

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

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

(1)  establish, own and operate

(a)  a waste recovery and recycling establishment;

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

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

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

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

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

DIVISION III RECREATION AND PARKS

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

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

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

For the purposes of this division, a natural area or a corridor for recreational and sports activities is considered to be a park.

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

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

Such an agreement may provide

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

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

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

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

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

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

55. The city may, by by-law, in respect of the park concerned,

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

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

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

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

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

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

(7)  prohibit or regulate posting;

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

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

(10)  prohibit or regulate the operation of businesses;

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

(12)  determine powers and obligations of employees.

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

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

2000, c. 56, Sch. IV, s. 56.

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

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

DIVISION IV WATER PURIFICATION AND DRINKING WATER SUPPLY

2000, c. 56, Sch. IV, s. 58.

58. Subject to the Environment Quality Act (chapter Q‐2), the city may, by by-law, order the carrying out, even outside its territory, of work relating to water treatment plants or works or water mains or main sewers included in its territory.

2000, c. 56, Sch. IV, s. 58.

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

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

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

60. The city may make by-laws to

(1)  supply drinking water in its territory, receive waste water from its territory and dispose of sludge from septic installations;

(2)  maintain, manage and operate its water treatment plants or works, water mains or main sewers;

(3)  maintain the municipal waterworks or sewer systems in its territory;

(4)  build, alter, maintain, supervise and protect individual or community septic installations;

(5)  rent meters, if necessary;

(6)  determine the conditions for any connection to its waterworks or sewer system;

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

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

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

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

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

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

Any by-law made under this section requires the approval of the Minister of the Environment.

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

61. The city may require a person who discharges waste water or other substances into a purification works or watercourse in contravention of a by-law passed under subparagraphs 7 to 12 of the first paragraph of section 60 to carry out, at the person’s expense, the work required to clean or repair, as the case may be, the purification works or to eliminate the harmful or hazardous substances the person has unlawfully discharged into the watercourse, or to reimburse the city for the costs incurred by it for such work.

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

62. The city may

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

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

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

(c)  the installation and maintenance in good repair of equipment for the treatment or pre-treatment of waste water or substances to be discharged in order to regularize the flow of the discharged waste water or substances or to bring the equipment into conformity with the prescriptions of a by-law passed under subparagraphs 7 to 12 of the first paragraph of section 60;

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

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

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

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

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

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

2000, c. 56, Sch. IV, s. 62.

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

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

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

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

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

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

65. The city may, by by-law, delegate all or part of the powers conferred on it by sections 61 to 64 to a department head.

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

66. Any decision of the city or, in the case of a delegation, any decision of the executive committee or of a department head made under sections 61 to 64 may be contested before the Administrative Tribunal of Québec. Division XI of Chapter I of the Environment Quality Act (chapter Q‐2), with the necessary modifications, applies to the proceeding.

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

67. In the exercise of their functions, the officers and employees of the city charged with the application of the by-laws passed under subparagraphs 7 to 12 of the first paragraph of section 60 may enter, at any reasonable time,

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

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

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

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

68. No person may hinder officers or employees referred to in section 67 in the exercise of their functions particularly by misleading them or attempting to mislead them by concealment or by misrepresentation.

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

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

69. The city may, by by-law, prescribe that an offence under a by-law passed under subparagraphs 7 to 12 of the first paragraph of section 60 or section 67 or 68, or failure to comply with a prohibition, condition or requirement established in accordance with section 61, 62, 63 or 64 shall entail as a penalty,

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

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

2000, c. 56, Sch. IV, s. 69.

70. The city is exempt from the obligation to give security when requesting an interlocutory injunction for the cessation of an offence under a by-law passed under subparagraphs 7 to 12 of the first paragraph of section 60 or section 67 or 68.

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

71. For the purposes of sections 60 to 70, “purification works” means a sewer, a sewer system, a pumping station, a water purification station or any other works used to collect, receive, carry, treat or drain waste water or substances compatible with the purification processes of the city.

2000, c. 56, Sch. IV, s. 71.

DIVISION V SOCIAL HOUSING

2000, c. 56, Sch. IV, s. 72.

72. The city shall constitute a social housing development fund.

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

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

2000, c. 56, Sch. IV, s. 72.

DIVISION VI TOURIST PROMOTION AND HOSPITALITY

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

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

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

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

CHAPTER V SPECIAL FINANCIAL AND FISCAL PROVISIONS

2000, c. 56, Sch. IV, s. 74.

DIVISION I LOANS

2001, c. 25, s. 417.

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

2000, c. 56, Sch. IV, s. 74.

DIVISION II FISCAL PROVISIONS

2001, c. 25, s. 418.

§ 1 . — Interpretation and general provisions

2001, c. 25, s. 418.

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

2000, c. 56, Sch. IV, s. 75; 2001, c. 25, s. 418.

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

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

2001, c. 25, s. 418; O.C. 1312-2001, s. 6.

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

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

O.C. 1312-2001, s. 7.

§ 2 . — Limitation on increases in the tax burden

2001, c. 25, s. 418.

76. The city shall avail itself either of the power provided for in section 76.1 and, if it imposes the business tax, of that provided for in section 76.2, or of the power provided for in section 76.7.

2000, c. 56, Sch. IV, s. 76; 2001, c. 25, s. 418.

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

The tax burden shall consist of

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

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

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

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

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

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

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

2001, c. 25, s. 418; O.C. 1312-2001, s. 8.

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

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

2001, c. 25, s. 418; 2001, c. 68, s. 187.

76.3. If the city avails itself of any of the powers provided for in sections 76.1 and 76.2, it may replace the maximum percentage increase in that section by another maximum percentage increase, applicable only to the group formed of the sectors concerned, which must be less than 5%.

2001, c. 25, s. 418.

76.4. Where the increase under section 76.1 or 76.2 does not result solely from the constitution of the city, the maximum shall apply only in respect of the part of the increase that results from the constitution.

2001, c. 25, s. 418.

76.5. If the city avails itself of any of the powers provided for in sections 76.1 and 76.2, it shall, subject to any regulation under the second paragraph, prescribe the rules to determine whether the increase under that section results solely from the constitution of the city and, if not, to establish the part resulting from the constitution.

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

If the city avails itself of the power provided for in section 76.1 and if, for any fiscal year referred to in that section, the surtax or the tax on non-residential immovables or the surtax on vacant land is imposed, the city must prescribe the rules to enable the appropriate correspondences to be made so as to obtain the same results, as regards the application of that section, were the general property tax imposed for the fiscal year, pursuant to section 244.29 of the Act respecting municipal taxation (chapter F-2.1), with a rate specific to the category referred to in section 244.33 or 244.36, as the case may be, of that Act.

2001, c. 25, s. 418; 2001, c. 68, s. 188.

76.6. For the purpose of the establishment of the percentage increase referred to in section 76.1 for the fiscal year 2002, where the local municipality whose territory constitutes the sector concerned has appropriated as revenue for the fiscal year 2001 all or part of its surpluses from preceding fiscal years, in an amount exceeding the average of the amounts it appropriated for the fiscal years 1996 to 2000, the difference obtained by subtracting from that excess amount the amount of the sum that the municipality was exempted from paying, by the operation of sections 90 to 96 of chapter 54 of the statutes of 2000, for the special local activities financing fund, shall be included for the fiscal year 2001 in the tax burden borne by the aggregate of the units of assessment situated in the sector.

2001, c. 25, s. 418.

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

The last three paragraphs of section 76.1 and sections 76.2 to 76.6 apply, with the necessary modifications, for the purposes of the limitation on the increase under the first paragraph.

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

2001, c. 25, s. 418; O.C. 1312-2001, s. 9.

§ 3 . — Limitation on decreases in the tax burden

2001, c. 25, s. 418.

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

The last three paragraphs of section 76.1, the third paragraph of section 76.5 and section 76.6 apply, with the necessary modifications, for the purposes of the limitation on the decrease under the first paragraph.

2000, c. 56, Sch. IV, s. 77; 2001, c. 25, s. 418; O.C. 1312-2001, s. 10.

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

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

2001, c. 25, s. 418; 2001, c. 68, s. 189.

77.2. If the city does not avail itself of the power provided for in section 77 or 77.1, it may prescribe the rules enabling it to require a supplement for a fiscal year in such manner that, in relation to the preceding fiscal year, the decrease in the tax burden borne by any unit of assessment or any business establishment is not greater than the percentage, applicable only to the group formed of the whole territory, fixed by the city.

The last three paragraphs of section 76.1, the third paragraph of section 76.5 and section 76.6, in the case of a unit of assessment, or the second paragraph of section 77.1, in the case of a business establishment, apply, with the necessary modifications, for the purposes of the limitation on the decrease under the first paragraph.

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

2001, c. 25, s. 418; O.C. 1312-2001, s. 11.

§ 4 . — Miscellaneous provisions

2001, c. 25, s. 418.

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

Where under section 244.29 of the Act respecting municipal taxation, the city imposes the general property tax, for a fiscal year, with a rate specific to the category provided for in section 244.36 of that Act, and it is impossible to comply with both the limitation of the variation in the tax burden applicable under the provisions of subdivision 2 or 3 and the minimum and maximum provided for in section 244.49 of that Act, the city may, for that fiscal year, fix several such rates that differ according to the sectors and that comply with such minimum and maximum. In such a case, none of the rates is a rate referred to in the first paragraph of section 76.1 or subparagraph 1 of the second paragraph of that section.

Where the city imposes the surtax on vacant land, for a fiscal year, and it is impossible to comply with both the limitation of the variation in the tax burden applicable under the provisions of subdivision 2 or 3 and the minimum and maximum provided for in section 486 of the Cities and Towns Act (chapter C-19), the city may, for that fiscal year, fix several rates of the surtax that differ according to the sectors and that comply with such minimum and maximum. In such a case, none of the rates is a rate referred to in the first paragraph of section 76.1 or subparagraph 1 of the second paragraph of that section as a result of the correspondence rules adopted under the third paragraph of section 76.5.

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

2001, c. 25, s. 418; 2001, c. 68, s. 190.

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

2001, c. 25, s. 418.

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

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

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

2001, c. 25, s. 418; O.C. 1312-2001, s. 12.

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

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

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

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

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

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

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

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

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

2001, c. 25, s. 418; 2001, c. 68, s. 191.

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

2001, c. 25, s. 418.

CHAPTER VI EFFECTS OF AN AMALGAMATION ON LABOUR RELATIONS

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

78. Subject to this section, sections 176.1 to 176.22 of the Act respecting municipal territorial organization (chapter O‐9), the third paragraph of section 176.23 and sections 176.24 to 176.26 apply, with the necessary modifications, to the amalgamations and transfers provided for in paragraph 1 in accordance with the rules set out in paragraphs 2 to 11

(1)  to the amalgamation provided for in this Act and to the transfer of employees and officers from any municipal or supramunicipal body to the city;

(2)  for the purposes of sections 176.1, 176.2, 176.10, 176.25 and 176.26, the expression “a municipality that ceased to exist on amalgamation” means “a municipality that will cease to exist on the constitution of the city” ;

(3)  the labour commissioner’s decision must, in the cases provided for in sections 176.5 and 176.9, be rendered no later than 27 October 2001;

(4)  the period for making an agreement under section 176.2 begins on 1 May 2001 and ends on 14 June 2001;

(5)  1 May 2001 is the reference date for the purposes of the second paragraph of section 176.5;

(6)  the period for making an application under sections 176.6 and 176.7 begins on 15 June 2001;

(7)  the provisions of the first paragraph of section 176.10 become effective on 1 May 2001, except the provisions of subparagraph b of subparagraph 1 of the first paragraph concerning dispute arbitration in the case of arbitration of a dispute involving the city and an association certified to represent police officers or firefighters to the extent that the dispute was referred to arbitration before 15 November 2000 and the arbitration award is rendered not later than 31 December 2001 for a period not exceeding 31 December 2000;

(8)  the suspension of the application of paragraph a of section 22 of the Labour Code (chapter C‐27), provided for in subparagraph 3 of the first paragraph of section 176.10, terminates on 15 July 2001; as regards the suspension of the other provisions of section 22, the suspension terminates on 31 January 2003;

(9)  the exercise of the right to strike of the employees of the municipalities referred to in section 5 is suspended from 1 May 2001 to 30 July 2002;

(10)  every collective agreement binding a municipality referred to in section 5 expires on the date provided for its expiry or on 1 May 2002, whichever is earlier; and

(11)  the notice of negotiation referred to in section 176.14 may not be given before 1 May 2002.

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

CHAPTER VII JOINT LAND USE PLANNING COMMISSION FOR THE OUTAOUAIS

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

79. A joint land use planning commission for the Outaouais is hereby established under the name “Commission conjointe d’aménagement de l’Outaouais”.

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

80. The Commission is composed of an equal number of members of the council of Ville de Gatineau and of Municipalité régionale de comté des Collines-de-l’Outaouais, between four and eight, as determined by order of the Minister of Municipal Affairs and Greater Montréal.

The mayor of Ville de Gatineau and the warden of Municipalité régionale de comté des Collines-de-l’Outaouais are members by virtue of office.

The additional members shall be appointed by the city council from among its members and by the regional county municipality from among its members.

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

81. The mayor of the city and the warden of the regional county municipality respectively, alternating, shall act as chair and vice-chair of the Commission for a period of two years beginning on 1 January 2002. The mayor of the city shall first hold the office of chair and the warden that of vice-chair.

The chair shall call and preside at sittings of the Commission and ensure that they are properly conducted.

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

82. The vice-chair shall replace the chair where the chair is unable to act or where the office of chair is vacant. The vice-chair may also, at the chair’s request, preside at any sitting of the Commission.

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

83. The Commission may adopt internal management by-laws relating to its sittings and the conduct of its affairs.

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

84. The quorum of the Commission is a majority of its members. Every member present has one vote.

Every notice, report, recommendation or document of the Commission shall be adopted by a simple majority.

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

85. The council of Ville de Gatineau and that of Municipalité régionale de comté des Collines-de-l’Outaouais may attach to the commission any persons whose services it may require for the performance of its mandate.

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

86. The Commission must adopt, before 31 December 2003, a document determining the policy orientations and main avenues of intervention to guide the city and regional county municipality in land use planning and development in their territory.

The chair shall transmit a copy of the document referred to in the first paragraph, as soon as possible after it is adopted, to the Minister of Municipal Affairs and Greater Montréal, to Ville de Gatineau and to Municipalité régionale de comté des Collines-de-l’Outaouais.

2000, c. 56, Sch. IV, s. 86.

87. The function of the Commission is to examine, at the request of the council of Ville de Gatineau or of the council of Municipalité régionale de comté des Collines-de-l’Outaouais or on its own initiative, any matter relating to land use planning and development, throughout the territories referred to in section 86.

A further function of the Commission is to give its opinion, having regard to the document referred to in section 86 if available, to Ville de Gatineau and Municipalité régionale de comté des Collines-de-l’Outaouais and to make recommendations to ensure that their development plans reflect an overall vision that is shared and that is in harmony with land use planning and development in the territories in which they apply.

2000, c. 56, Sch. IV, s. 87.

88. For the purposes of the process of amendment or revision of the planning program provided for in the Act respecting land use planning and development (chapter A‐19.1), each time the Act prescribes the transmission of a document by the secretary-treasurer, the secretary-treasurer shall also transmit the document to the Commission so it may give its opinion, make recommendations or produce a report in respect thereof.

2000, c. 56, Sch. IV, s. 88.

89. The Minister of Municipal Affairs and Greater Montréal shall, before giving an opinion pursuant to any of sections 51, 53.7, 56.4, 56.14 and 65 of the Act respecting land use planning and development (chapter A‐19.1) to Ville de Gatineau, consult with the Municipalité régionale de comté des Collines-de-l’Outaouais. The Minister shall also, before giving an opinion under any of those sections to the regional county municipality, consult the city.

The Minister shall also, before giving such an opinion, consult the Commission.

In addition to reasons relating to the government aims or guidelines referred to in those sections, an objection or disapproval expressed by the Minister under any of those sections may be based on the opinion of the city or the regional county municipality, as the case may be, or on the opinion of the Commission.

2000, c. 56, Sch. IV, s. 89.

90. The Commission shall, on or before 1 January 2007, report to the Government on the implementation of this chapter.

The report shall be tabled in the National Assembly by the Minister within 15 days if the Assembly is sitting or, if it is not sitting, within 15 days after resumption.

2000, c. 56, Sch. IV, s. 90.

CHAPTER VIII TRANSITION COMMITTEE

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

DIVISION I COMPOSITION AND ORGANIZATION OF THE TRANSITION COMMITTEE

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

91. A transition committee composed of the members designated by the Minister of Municipal Affairs and Greater Montréal is hereby constituted, effective 20 December 2000. The number of members of the committee shall not be fewer than five nor more than seven.

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

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

92. No person who is a member of the council of a municipality amalgamated under this Act may sit as a member of the transition committee. In addition, a person who has acted as a member of the committee is ineligible for office as a member of the city council in the city’s first general election; no such person may be employed by the city to hold a position referred to in the second paragraph of section 71 of the Cities and Towns Act (chapter C‐19) until the expiry of a period of two years from the end of the person’s term as member of the committee.

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

93. The transition committee is a legal person and a mandatary of the State.

The property of the transition committee forms part of the domain of the State, but the performance of its obligations may be pursued on the property.

The transition committee binds only itself when acting in its own name.

The transition committee has its head office at the place determined by the Minister. Notice of the location and of any change of location of the head office must be published in the Gazette officielle du Québec and in a newspaper circulated in the territory described in Schedule A.

2000, c. 56, Sch. IV, s. 93; 2001, c. 25, s. 419.

94. Every member of the transition committee shall be paid the remuneration and allowances determined by the Minister.

The Minister may determine any other condition of employment of a member and in particular the rules relating to the reimbursement of expenses incurred by the member in the exercise of his or her functions.

2000, c. 56, Sch. IV, s. 94; 2001, c. 25, s. 420.

95. No deed, document or writing binds the transition committee unless it is signed by the chair or, to the extent determined in the internal by-laws of the transition committee, by a member of the committee’s personnel.

The committee may allow, subject to the conditions and on the documents it determines in its internal management by-laws, that a signature be affixed by means of an automatic device or that a facsimile of a signature be engraved, lithographed or printed. However, the facsimile has the same force as the signature itself only if the document is countersigned by a person authorized by the chair.

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

96. The minutes of a meeting of the transition committee, approved by the committee and certified by the chair or any other member of the personnel so authorized by the internal management by-laws, are authentic, as are documents and copies emanating from the committee or forming part of its records if signed or certified by any such person.

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

97. The Minister shall appoint the secretary of the transition committee and determine the secretary’s remuneration and other conditions of employment.

The secretary shall attend the meetings of the council. The secretary shall keep the registers and have custody of the records and documents of the committee. The secretary shall exercise any other responsibility that the committee determines.

The secretary is responsible for access to the committee’s documents.

If the secretary is unable to act, the committee may replace the secretary temporarily by appointing another person to that function. One of the members of the committee may also act in the place of the secretary if the secretary is unable to act.

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

98. The transition committee may hire the employees required for the exercise of its responsibilities, and determine their conditions of employment. The transition committee may also obtain the expert services it considers necessary.

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

99. No judicial proceedings may be brought against the members of the transition committee or the committee’s employees and representatives by reason of an official act done in good faith in the exercise of their functions. Sections 604.6 to 604.10 of the Cities and Towns Act (chapter C‐19) apply, with the necessary modifications, in respect of the committee members and employees.

Any liability that may be connected with the protection of the members and employees of the committee under the first paragraph is assumed by the Government.

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

100. The Government may, under the conditions and on the terms it determines, grant the transition committee any sum it considers necessary for its operation.

Every decision made by the transition committee for the borrowing of money must be approved by the Minister of Municipal Affairs and Greater Montréal. The money borrowed by the transition committee, where such is the case, shall be borrowed at the rate of interest and on the other conditions mentioned in the approval.

2000, c. 56, Sch. IV, s. 100; 2001, c. 25, s. 421.

101. The transition committee is a municipal body for the purposes of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1).

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

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

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

DIVISION II MISSION OF THE TRANSITION COMMITTEE

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

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

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

DIVISION III OPERATION, POWERS AND RESPONSIBILITIES OF THE TRANSITION COMMITTEE

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

§ 1 . — Operation and powers of the committee

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

104. The decisions of the transition committee shall be made at meetings of the committee.

The quorum at meetings of the committee is the majority of its members.

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

105. Subject to the second paragraph of section 111, the transition committee shall, during its term, provide the citizens of the municipalities referred to in section 5 with any information it considers relevant to keep them informed on the carrying out of its mission.

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

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

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

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

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

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

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

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

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

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

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

2000, c. 56, Sch. IV, s. 109; 2001, c. 25, s. 422.

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

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

111. Sections 109 and 110 apply notwithstanding the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1).

The members of the transition committee or of any sub-committee and the committee employees are required to ensure the confidentiality of the information obtained under sections 109 and 110.

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

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

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

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

2000, c. 56, Sch. IV, s. 112; 2001, c. 25, s. 423.

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

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

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

2000, c. 56, Sch. IV, s. 113; 2001, c. 25, s. 424.

§ 2 . — Responsibilities of the committee

2000, c. 56, Sch. IV, s. 114.

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

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

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

2000, c. 56, Sch. IV, s. 114.

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

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

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

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

2000, c. 56, Sch. IV, s. 115; 2001, c. 25, s. 425.

116. The transition committee shall hire and remunerate the election officers prescribed by the Act respecting elections and referendums in municipalities (chapter E‐2.2) for the purposes of the city’s first general election. The committee shall designate the person who is to act as the returning officer for the purposes of the election.

Subject to any other provision of this Act or of any order of the Government made under section 9, the transition committee shall in respect of the election exercise the powers and assume the responsibilities assigned to the council of a municipality by the Act respecting elections and referendums in municipalities.

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

117. The transition committee shall, for the purposes of the city’s first general election, and any by-election held before the second general election, with the assistance of the chief electoral officer and using the information on the permanent list of electors, prepare a division of the territory into electoral districts.

For such purposes, the territories of Ville de Buckingham and Ville de Masson-Angers each form an electoral district.

The division into districts must, as far as possible, respect the criteria set out in sections 11 and 12 of the Act respecting elections and referendums in municipalities (chapter E‐2.2).

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

2000, c. 56, Sch. IV, s. 117; 2001, c. 25, s. 426.

118. The transition committee may examine the circumstances of the hiring of officers and employees referred to in section 7 after 15 November 2000 and the situation relating to the employees of any intermunicipal management board in respect of whom the intermunicipal agreement does not provide for the maintenance of employment in any of the municipalities party to the agreement at the expiry of the agreement.

The transition committee may make any recommendation in respect of those officers and employees to the Minister.

2000, c. 56, Sch. IV, s. 118; 2001, c. 25, s. 427.

119. The transition committee shall, within the time prescribed by the Minister of Municipal Affairs and Greater Montréal, agree with all the certified associations within the meaning of the Labour Code (chapter C‐27) representing the employees in the employment of the municipalities referred to in section 5 and of the urban community on the procedure for the reassignment of those employees as members of the personnel of the city and on the rights of and remedies available to an employee who believes he or she has been wronged as a consequence of the application of that procedure.

The parties may in addition agree on conditions of employment incidental to the reassignment of employees.

An agreement entered into under this section may not provide conditions of employment that entail higher costs than those entailed by the application of the conditions of employment applicable on 20 December 2000, or increase the staff.

The Minister may grant additional time at the request of the committee or of a certified association.

The provisions concerning the application of the reassignment process provided for in the applicable conditions of employment, or, where there is no such process, the provisions that allow employees to be assigned a position or a place of employment, constitute the employee reassignment procedure.

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

120. If an agreement has not been reached on all the matters referred to in the first and second paragraphs of section 119 within the time prescribed by the Minister, the Minister of Municipal Affairs and Greater Montréal shall so inform the Minister of Labour, and sections 125.16 to 125.23 of the Act respecting municipal territorial organization (chapter O-9) apply, with the necessary modifications.

However, the Minister of Labour may, where applicable and if the Minister of Labour considers it appropriate, designate a mediator-arbitrator for each disagreement or group of disagreements relating to the determination of the reassignment procedure concerning a class of employment or a group of employees.

2000, c. 56, Sch. IV, s. 120; 2001, c. 25, s. 428.

121. Subject to section 78, the transition committee shall, for the purposes of sections 176.2 to 176.9 of the Act respecting municipal territorial organization (chapter O‐9), negotiate any agreement on the determination of the future bargaining units with any association referred to in section 176.2 of that Act.

Any such agreement or any decision of the labour commissioner under sections 176.5 and 176.9 of that Act also binds the city.

2000, c. 56, Sch. IV, s. 121.

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

Every plan referred to in the first paragraph applies to the city as of 31 December 2001.

2000, c. 56, Sch. IV, s. 122.

123. The transition committee shall appoint the director general, the clerk and the treasurer of the city for a term not to exceed five years.

The transition committee may create the various departments within the city, and determine the scope of their activities. It may appoint the department heads and assistant heads as well as the other officers and employees not represented by a certified association, and define their functions.

2000, c. 56, s. Sch. IV, s. 123; 2001, c. 25, s. 429.

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

2001, c. 68, s. 192.

124. (Repealed).

2000, c. 56, Sch. IV, s. 124; 2001, c. 25, s. 430.

125. The transition committee shall prepare the city’s budget for the first fiscal year.

It must propose a draft of any resolution from among the resolutions that may be adopted under Division II of Chapter V on which the draft budget is based.

2000, c. 56, Sch. IV, s. 125; 2001, c. 25, s. 431.

126. The committee may, on its own initiative or at the Minister’s request, examine the advisability of changing the name of the city. It may make any recommendation to the Minister.

The committee may, among other things, propose to the Minister one or more names and a consultation mechanism, in particular upon the election referred to in section 131.

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

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

2000, c. 56, Sch. IV, s. 127.

128. The transition committee shall examine any other matter or carry out any other mandate the Government may entrust to the committee in the pursuit of its mission.

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

129. The transition committee shall report to the Minister on its activities at the end of its mandate or at any time at the request of the Minister.

In addition to the recommendations made pursuant to sections 118 and 124, the committee’s report may include any additional recommendation the committee considers necessary to bring to the attention of the Government and pertaining in particular to

(1)  the difficulties encountered in applying this Act and any proposed amendments;

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

(3)  the name of the municipality; and

(4)  the composition of the Commission provided for in section 79.

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

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

2000, c. 56, Sch. IV, s. 130.

CHAPTER IX TRANSITIONAL AND FINAL PROVISIONS

2000, c. 56, Sch. IV, s. 131.

131. The polling for the first general election in Ville de Gatineau shall take place on 4 November 2001 in accordance with the Act respecting elections and referendums in municipalities (chapter E‐2.2).

2000, c. 56, Sch. IV, s. 131.

132. For the purpose of determining whether a person is qualified as an elector, a candidate or a person qualified to vote at an election or in a referendum poll in the territory of the city, any period, prior to the date of coming into force of section 1, during which the person was resident, continuously or not, in the territory of a municipality referred to in section 5 or was the owner of an immovable or the occupant of a business establishment situated in that territory shall be counted as if the person had been a resident, owner or occupant from the beginning of that period in the territory of the city.

2000, c. 56, Sch. IV, s. 132.

133. At the first general election, a member of the council of a municipality referred to in section 5 may be elected or nominated and be, or be appointed as, a member of the council of Ville de Gatineau, and hold both offices simultaneously.

2000, c. 56, Sch. IV, s. 133; 2001, c. 25, s. 432.

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

2000, c. 56, Sch. IV, s. 134; 2001, c. 25, s. 433.

134.1. Any person appointed by the transition committee or reassigned as a member of the personnel of the city to a position involving the exercise of functions necessary for holding a meeting of the city council or of a borough council, for the making of a decision by such a council or for the performance of an act that such a council may perform before the date of constitution of the city, is deemed, with regard to those necessary functions exercised before the date of constitution of the city, to act in the exercise of his functions.

O.C. 1312-2001, s. 13.

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

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

If, on 1 January 2002, the budget is not adopted, 1/4 of each appropriation provided for in the budget prepared by the transition committee is deemed to be adopted. The same rule applies on 1 April, 1 July and 1 October if, on each of those dates, the budget has not yet been adopted.

The treasurer of a municipality mentioned in section 5 who is not already bound to apply section 105.4 of the Cities and Towns Act (chapter C-19) or a similar provision in the charter of the municipality is bound to produce, before the budget of the city is adopted for the 2002 fiscal year, at least the comparative statement of revenues provided for in that section 105.4.

2000, c. 56, Sch. IV, s. 135; 2001, c. 25, s. 434; O.C. 1312-2001, s. 14.

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

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

2001, c. 25, s. 435; 2001, c. 68, s. 193.

136. Notwithstanding sections 11 and 12 of the Act respecting elections and referendums in municipalities (chapter E‐2.2), the council may, upon the adoption of the resolution provided for in section 14 of the said Act, prescribe that the territories of the former Ville de Buckingham and the former Ville de Masson-Angers each form an electoral district for the purposes of the general election referred to in section 14 and any by-election held before the next general election. The council may also prescribe that only one of those territories form an electoral district for such purposes.

2000, c. 56, Sch. IV, s. 136.

137. Sections 75 to 77.7 have effect until 31 December 2011.

2000, c. 56, Sch. IV, s. 137; 2001, c. 25, s. 436.

138. Subject to any provision of an order of the Government made under section 9, the Charter of the city of d’Aylmer (1974, chapter 88), the Charter of the city of Buckingham (1979, chapter 95), the Charter of the city of Gatineau (1974, chapter 88), the Charter of the city of Hull (1975, chapter 94) and the Charter of the city of Masson-Angers (1979, chapter 95) and all special provisions governing a municipality referred to in section 5, except any provision having as its object, in respect of such a municipality, to validate or ratify a document or an act performed or intended to clarify a title of ownership or to confirm or grant the power to acquire or alienate a particular immovable, are repealed from 1 January 2002.

2000, c. 56, Sch. IV, s. 138; 2001, c. 25, s. 437.

139. Notwithstanding the Police Act (chapter P-13.1), the part of the territory of the city which corresponds to the territory of Ville de Buckingham, mentioned in section 5, continues to be served by the Sûreté du Québec until 31 December 2002.

2001, c. 25, s. 438.

SCHEDULE A

(section 3)

DESCRIPTION OF THE TERRITORIAL LIMITS OF VILLE DE GATINEAU

The territory of the former Ville d’Aylmer, Ville de Buckingham, Ville de Gatineau, Ville de Hull and Ville de Masson-Angers comprising with reference to the cadastres of the townships of Buckingham, Hull and Templeton and of the villages of Aylmer and Buckingham, the lots or parts of lots and their present and future subdivisions, and, with reference to the cadastre of Québec, the lots and their successor lots and the roads, highways, streets, railroad rights of way, islands, lakes, watercourses or parts thereof, the whole within the limits hereinafter described, to wit: from the apex of the northeast angle of lot 1 of range 4 of the cadastre of the township of Buckingham; thence, successively, the following lines and demarcations: southerly, part of the line separating that cadastre from the cadastre of the township of Lochaber and its extension in the Ottawa River to the Québec/Ontario boundary line; generally towards the west, the Québec/Ontario boundary line upstream on the Ottawa River to its meeting with the extension towards the south of the line separating the cadastres of the townships of Hull and Eardley; northerly, the said extension and part of the line separating the cadastres from the said townships to the line separating ranges 7 and 8 from the cadastre of the township of Hull; with reference to that cadastre, easterly, part of the line separating the said ranges to the apex of the northwest angle of lot 20 of range 7; southerly, part of the west line of the said lot for a distance of 41.44 metres; in lot 20 of range 7, easterly, a straight line to a point situated on the west line of lot 20-1 of range 7 at a distance of 59.76 metres from the apex of the southwest angle of the said lot; southerly, part of the west line of the said lot to the apex of its southwest angle; successively easterly and northerly, the south and east lines of the said lot; easterly, successively, the south limit of the right of way of Barnes road to the line separating ranges 7 and 8, part of the line separating the said ranges to the south limit of the right of way of Barnes road then the south limit of the right of way of the said road for 109.36 metres to the east line of lot 19A of range 7; southerly, part of the east line of the said lot to the line separating ranges 6 and 7; easterly, part of the line separating the said ranges to the apex of the northeast angle of lot 13A of range 6; southerly, the east line of lots 13A and 13B of range 6; easterly, part of the line separating ranges 5 and 6 to the apex of the southeast angle of lot 11D of range 6; northerly, successively, the east line of lots 11D and 11B of range 6 then part of the east line of lot 11A of the said range to the southwest limit of the right of way of Mine road; generally towards the northwest, the southwest limit of the right of way of the said road to the west line of lot 11B of range 7; northerly, part of the west line of the said lot crossing the said road to a point situated 303.31 metres south of the southwest limit of the right of way of Autoroute 5, that distance measured along the west line of the said lot; with reference to the Québec plane coordinate system (zone 9) NAD 83, in lot 12 of range 7, successively, a straight line along a bearing of 262º50'40" and measuring 37.84 metres; a straight line along a bearing of 173º57'24" and measuring 13.09 metres; a straight line along a bearing of 291º01'25" and measuring 42.68 metres; a straight line along a bearing of 289º40'33" and measuring 45.81 metres; a straight line along a bearing of 292º22'40" and measuring 45.64 metres; a straight line along a bearing of 194º35'08" and measuring 15.18 metres; a straight line along a bearing of 297º59'49" and measuring 45.71 metres; a straight line along a bearing of 309º49'08" and measuring 36.60 metres, to the southeast line of lot 12-4 of range 7; part of the southeast line of the said lot along a bearing of 22º37'17" for a distance of 15.13 metres; the northeast line of lot 12-4 of range 7 along a bearing of 313º11'32" and measuring 55.47 metres; part of the northwest line of the said lot along a bearing of 203º37'05" and measuring 34.72 metres; in lot 12 of range 7, a straight line along a bearing of 333º20'08" and measuring 73.80 metres, to the southeast line of lot 12-5 of range 7; part of the southeast line of the said lot along a bearing of 22º24'06" for a distance of 14.14 metres; the northeast line of lot 12-5 of range 7 along a bearing of 294º58'27" and measuring 51.48 metres; part of the northwest line of the said lot along a bearing of 202º22'46" and measuring 4.88 metres; in lot 12 of range 7, a straight line along a bearing of 298º09'19" and measuring 13.47 metres; a straight line along a bearing of 327º44'16" and measuring 239.12 metres; a straight line along a bearing of 352º20'37" and measuring 89.81 metres; a straight line along a bearing of 28º54'41" and measuring 165.61 metres; a straight line along a bearing of 90º01'31" and measuring 50.00 metres; a straight line along a bearing of 123º30'44" and measuring 63.77 metres, to the southwest side of the right of way of Autoroute 5; generally towards the southeast, the southwest limit of the said right of way to the west line of lot 11B of range 7; northerly, part of the west line of the said lot crossing Autoroute 5 to the centre line of the south branch of Chelsea brook; generally towards the east, in lots 11B and 11A of range 7, the centre line of the south branch of the said brook to the east line of lot 11A of range 7; southerly, part of the east line of the said lot to the apex of the northwest angle of lot 10B of range 7; easterly, the north line of the said lot; northerly, part of the west line of lot 9 of range 7 to the apex of its northwest angle; easterly, part of the line separating ranges 7 and 8 to the centre line of Chelsea brook; in generally southeasterly and northeasterly directions, the centre line of the said brook to the southwest line of lot 1200 (railway); southeasterly, part of the southwest line of the said lot to the line separating ranges 6 and 7; easterly, part of the line separating the said ranges crossing Highway 105 to the northeast limit of its right of way; generally towards the northwest, the northeast limit of the right of way of the said highway to its meeting point with the northwest limit of the right of way of the public highway connecting the Alonzo-Wright Bridge to Highway 105; generally towards the northeast, successively, the northwest limit of the right of way of the said highway then the northwest side of the said bridge to the centre line of the Gatineau River; generally towards the northwest, the centre line of the said river upstream and skirting to the left the islands nearest the left bank and to the right the islands nearest the right bank of the said river to its meeting with a straight line perpendicular to the left bank of the said river and whose point of origin is the southern extremity of the west line of lot 7 of range 9; northeasterly, the said straight line; northerly, part of the west line of the said lot to its meeting with the extension towards the southwest of the southeast line of lot 7-44 of range 9; northeasterly, the said extension and the southeast line of the said lot to its eastern extremity; towards the northeast, in Highway 307, a line parallel to the southeast line of the said lot to the northeast limit of the right of way of the said route; generally towards the northwest, the northeast limit of the said right of way to the west line of lot 7 of range 9; northerly, part of the west line of the said lot to its meeting with a line parallel to the east limit of the right of way of Denis road and situated 60 metres east of the said limit, that road delimiting lot 7-63 of range 10 to the west; generally towards the north, the said line parallel to the centre line of Taché road; generally towards the east, the centre line of the said road, situated partly on the line separating ranges 9 and 10, then its extension to the centre line of De la Ligne road that is situated on the line separating the cadastres of the townships of Hull and Templeton; northerly, the centre line of the said road then the line separating the cadastres of the said townships to the line separating ranges 5 and 6 of the cadastre of the township of Templeton; with reference to that cadastre, towards the east, part of the line separating the said ranges to the apex of the northwest angle of lot 26A-18 of range 5; southerly, the west line of the said lot; towards the east, the south line of the said lot then its extension across lot 26A-20 of range 5 and the Saint-Amour hill to the centre line of that hill; towards the south, the centre line of the Saint-Amour hill to its meeting point with the extension towards the west of the south line of lot 26A-7 of range 5; towards the east, the said extension and the south line of the said lot; northerly, the east line of lots 26A-7 and 26A-15 of range 5; easterly, part of the line separating ranges 5 and 6 to the west line of lot 23B of range 6; northerly, part of the west line of the said lot to the centre line of 6th Range road on a line separating ranges 5 and 6; easterly, successively, the centre line of the said road to the west line of lot 22B of range 6 then part of the line separating the said ranges to the apex of the southwest angle of lot 1D of range 6; northerly, the west line of lots 1D, 1B and 1A of range 6; easterly, the north line of lot 1A of range 6; southerly, part of the line separating the cadastres of the townships of Templeton and Buckingham to the line separating ranges 1 and 2 of the latter cadastre; with reference to that cadastre, easterly, part of the line separating the said ranges to the east line of lot 15B of range 2; northerly, the east line of lots 15B and 15A of range 2 to the south limit of the right of way of Frontenac street situated on the line separating ranges 2 and 3, the said east line being extended across Filion road which separates those lots; westerly, the south limit of the right of way of the said street to the west line of lot 15B of range 3; northerly, the west line of lots 15B and 15A of range 3 across 4th Range West road situated on the line separating ranges 3 and 4 to the north limit of the right of way of the said road; easterly, the north limit of the said right of way to the east line of lot 15A of range 4; northerly, the east line of the said lot and its extension to the north limit of the right of way of 5th Range road situated on the line separating ranges 4 and 5; easterly, the north limit of the right of way of the said road to a point situated 250.07 metres west of the apex of the southeast angle of lot 12B of range 5, the north limit of the said right of way delimiting the said lot to the south; in lots 12B and 12A of range 5, successively, a straight line passing by a point situated on the line separating the said lots at a distance of 250.30 metres from the eastern extremity of the said line then the extension of that straight line to the centre line of the McFaul brook; generally towards the northeast, the centre line of the said brook to the line separating lot 11C from lots 12A and 12B of range 5; northerly, part of the line separating the said lots to the centre line of the Du Lièvre river; generally towards the southeast, the centre line of the said river downstream to its meeting with the extension westerly of the south line of lot 11B of range 5; easterly, the said extension and the south line of lots 11B, l1A and 10A of range 5; southerly, part of the west line of lot 9B of range 5 to the north line of lot 9B-12 of range 5; easterly, the north line of lots 9B-12 and 9B-1-1 of range 5; northwesterly, part of the north line of lot 9B-1 of range 5 for a distance of 18.83 metres; in lot 9B of range 5, successively, northeasterly, a straight line forming an internal angle of 76º08' with the preceding line and measuring 139.38 metres then, southeasterly, a straight line at an interior angle of 90º in relation to the preceding line and measuring 177.76 metres, to the north line of lot 9B-62 of range 5; easterly, part of the north line of the said lot to the apex of its northeast angle; southerly, part of the west line of lot 8C of range 5 to the north limit of the right of way of the road situated on the line separating ranges 4 and 5; lastly, easterly, the north limit of the right of way of the said road then the line separating the said ranges to the starting point.

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

SCHEDULE B

(Provisions enacted under section 9)

1. Notwithstanding section 28 of the Cities and Towns Act (chapter C-19) and the Municipal Aid Prohibition Act (chapter I-15), the city may alienate, free of charge, for the owner of an adjoining immovable, a parcel of land of little value.

2. Notwithstanding section 56 of the Cities and Towns Act (chapter C-19), the council shall elect a councillor as acting mayor for the 12 ensuing months or until he is replaced; such acting mayor shall have the responsibilities, prerogatives and authority of the mayor, except in regard to the executive committee, where the mayor is absent from the city or unable to perform the duties of his office.

3. In addition to the basic remuneration provided for by the Act, the city may, by by-law, fix additional remuneration for the duties of leader of the Opposition and for the duties of leader of the governing party that are performed by council members within the city.

The provisions of the Act respecting the remuneration of elected municipal officers (chapter T-11.001) shall apply in respect of the additional remuneration so fixed as if the duties of leader of the Opposition and leader of the governing party were special duties within the meaning of that Act.

The leader of the governing party is the councillor designated by the political party with the greatest number of councillors on the city council.

The leader of the Opposition is the councillor designated by the political party with the second largest number of councillors on the city council; if several political parties are in that position, the leader of the Opposition is the councillor designated by the party that obtained the greatest number of votes.

For each of the designations provided for in the third and fourth paragraphs, a notice shall be submitted to the council by a councillor of the political party having made the designation. The designation may be modified at any time.

4. Notwithstanding paragraph f of section 70.8 of the Cities and Towns Act (chapter C-19), only leases for the rental of a movable or immovable property of a duration of more than five years will be the subject of a report by the executive committee to the city council.

5. Every communication between the city council and the departments shall be through the executive committee; in its relations with the committee, the council shall also act by resolution. The members of the council shall only address the director general for any information respecting the departments.

6. Every communication between the executive committee and the departments shall be through the director general; however, the executive committee may, at any time, call before it any director of a department to obtain information from him.

7. (Repealed).

8. Notwithstanding section 328 of the Cities and Towns Act (chapter C-19), the council may, at the mayor’s request, designate one of its members as chairman. In the absence of the chairman, the council chooses another of its members to preside.

9. Notwithstanding the third paragraph of paragraph 20 of section 412 of the Cities and Towns Act (chapter C-19), the fine to be paid on the statement of offence shall not exceed the sum fixed by the council for an offence under a provision of any other by-law passed under this paragraph, except an offence under a provision adopted under paragraph 4, 5 or 8 of section 626 of the Highway Safety Code (chapter C-24.2), in which case the fine must be equal to the minimum prescribed in the said Code for an offence respecting the same matter.

10. The city may, by by-law of its council passed in accordance with section 412 of the Cities and Towns Act (chapter C-19), fix a tariff of costs for the removal or towing of a vehicle parked in violation of a provision adopted under the Cities and Towns Act or the Highway Safety Code (chapter C-24.2).

In every case in which it is provided that a vehicle may be removed or towed for a parking offence, the amount prescribed under the first paragraph may be claimed on the statement of offence and collected by the collector in accordance with sections 321, 322 and 327 to 331 of the Code of Penal Procedure (chapter C-25.1).

11. The council may order, in a by-law on fire prevention passed in accordance with paragraph 22 of section 412 of the Towns and Cities Act (chapter C-19), that all or part of a code of standards on fire prevention constitutes all or part of the by-law. It may also prescribe that amendments to that code or a relevant part of it made after the coming into force of the by-law are also part of it without having to pass a by-law to prescribe the applicability of every amendment made. Such an amendment comes into force in the municipality on the date fixed by a resolution by the council; the city clerk shall give public notice of the passing of such a resolution in conformity with the law. The code or the applicable part of it is attached to the by-law and is part of it.

12. For the application of subparagraph b of paragraph 44.1 of section 412 of the Cities and Towns Act (chapter C-19), the city by-law may also allow the city to claim the reimbursement of the cost it may incur where an alarm system is defective or is set off by mistake.

13. The city may, by by-law passed in accordance with section 412 of the Cities and Towns Act (chapter C-19), require the owner, tenant or occupant of any immovable or category of immovables to provide the immovable with any construction item, device, mechanism, alarm system, apparatus or equipment designed to provide for or safeguard the safety of persons or to prevent crime, and to maintain them constantly in perfect working order.

14. The city may, by by-law passed in accordance with section 412.2 of the Cities and Towns Act (chapter C-19), determine the conditions of occupancy and maintenance of a building and require, whenever such building is decrepit or dilapidated, the carrying out of restoration, repair and maintenance works; provide for the procedure by which the person whose immovable does not conform to the by-laws is notified of the works to be carried out to make the immovable in conformity; determine the period within which such person may lodge an appeal before the committee; give to such committee authority to confirm, amend or annul the decision of the person who has served notice of a failure to conform to the by-law; provide that such works be charged to the person designated in the notice and, in cases where the owner of the immovable refuses to carry out the works, prescribe that the city may carry them out and recover the cost thereof; the cost of such works constitutes a prior claim on the immovable on which the works were carried out, of the same nature and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code.

15. The city may, by by-law:

(1) provide for use by the general public of spaces or buildings established in accordance with paragraph 6 of section 415 of the Cities and Towns Act (chapter C-19) or lease such spaces on an exclusive basis to certain persons;

(2) regulate or prohibit parking on any land or in any building belonging to the city, provided that the regulation or prohibition is indicated by means of the proper signs or signals; and

(3) prohibit the drivers of motor vehicles from parking or leaving their vehicles on private residential land without the authorization of the owner or occupant of the land, provide for the towing and storage of such vehicles at their owners’ expense and require the prior submission of a written complaint of the offence from the owner or occupant of the land, or from the representative of such owner or occupant.

16. The city, in a by-law passed under paragraph 5 of section 460 of the Cities and Towns Act (chapter C-19), may impose requirements on the persons referred to in that paragraph regarding, in particular, the keeping of records relating to their transactions, the disclosure of such records, the issue, within certain time limits and in accordance with certain forms, of extracts from such records to any municipal officer charged with the application of the by-law, the content of such extracts, and the manner of preserving articles that are the subject of such transactions, and to revoke licences, subject to the conditions prescribed by by-law, following the holder’s refusal to comply with any demand or order, without prejudice to the imposition of any fine, penalty or other proceedings or lawful claim.

For the purposes of the by-law referred to in the first paragraph, every merchant other than a jeweller who buys precious metals, precious stones or jewelry of any kind from a person other than a dealer in similar articles is deemed to be a second-hand dealer or a dealer in bric-a-brac.

17. The city may regulate shops where articles of an erotic character are sold or offered for sale and massage parlours.

18. For the purposes of section 536 of the Cities and Towns Act (chapter C-19) and notwithstanding the second paragraph of that section, the city may bid up to the amount of the municipal assessment of the immovable.

19. Sections 573 and 573.1 of the Cities and Towns Act (chapter C-19) do not apply to the contracts referred to in section 573.3 of that Act, neither do they apply to a contract awarded by the city whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and which is entered into with the owner of the mains or installations or with a public utility for a price corresponding to the price usually charged for an undertaking generally performing such work.

Nor do they apply to a contract awarded by the city whose object is the provision of services by a single supplier or by a supplier in a monopoly position in the field of communications, electricity or gas, or whose object is the maintenance of specialized equipment which must be carried out by the manufacturer or his representative.

20. The council may, by by-law and in accordance with section 19 of the Act to amend the charter of the city of Hull (1996, c. 86) which continues to apply, fix at 2 :00 a.m. the time at which bar permits must cease to be operated in the territory designated by the by-law.

21. The council may, by by-law, adopt a program to grant, subject to the terms and conditions determined in the by-law, a tax credit related to the setting up or enlarging of a high technology establishment in the territory described in the sixth paragraph.

For the purposes of this section, the expression “high technology” refers in particular to the aerospace, telecommunications, biotechnology, pharmacology, computer, electronics, microelectronics, optoelectronics, robotics, optics and laser fields. “High technologies” means a use having as its main activity:

That expression also includes establishments in other fields whose main activity is:

(1) scientific or technological research or development;

(2) scientific or technological training;

(3) the administration of a technological enterprise; or

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

A by-law passed under this section may not provide for a tax credit for a period exceeding five years; the eligibility period for the program may not extend beyond 31 December 2006.

The effect of the tax credit shall be to offset any increase in property taxes that may result from a reassessment of the immovables after completion of the work. For the fiscal year in which the work is completed and for the next two fiscal years, the amount of the tax credit shall be the difference between the amount of the property taxes that would have been payable if the assessment of the immovables had not been changed and the amount of the property taxes actually payable. For the next two fiscal years, the amount of the tax credit shall be, respectively, 80 % and 60 % of the amount of the tax credit for the first fiscal year.

The by-law provided for in the first paragraph may only be adopted and, where applicable, shall only apply if the city’s zoning by-law provides that in the case of the main activities referred to in subparagraphs 1 and 4 of the second paragraph, the use must occupy a gross floor area reserved and intended for scientific research and experimental development that is equal to at least 15 % of the total gross floor area occupied or intended to be occupied for that use. The zoning by-law must also provide that no use having as its main activity one of the activities referred to in subparagraphs 2 and 3 of the second paragraph may be authorized for more than 30 % of the territory described in the sixth paragraph.

The territory on which the first paragraph applies consists of spaces intended for business and technology in the development plan of the Communauté urbaine de l’Outaouais and designated as being the Technoparc de Hull (pole no. 201), the Parc d’Aylmer and the industrial park on Chemin Pink in Hull (pole no. 102), the business and technology park in Gatineau (pole no. 303), the aeropark in Gatineau (pole no. 304), the Parc d’affaires du plateau in Hull (pole no. 203), the Pôle multifonctionnel de Hull (pole no. 206), the Pôle multifonctionnel de Gatineau (pole no. 302), and the Pôle multifonctionnel d’Aylmer (pole no. 103).

22. The council may, by by-law, adopt a program to grant, subject to the terms and conditions determined in the by-law, a tax credit related to the setting up or enlargement of offices of national or international associations or organizations in its territory.

A by-law passed under this section may not provide for a tax credit for a period exceeding five years.

The effect of the tax credit shall be to offset any increase in property taxes that may result from a reassessment of the immovables after completion of the work. The tax credit applies to the difference between the amount of property taxes that would be due had the assessment of the immovables not been modified and the amount of taxes actually due. It varies from year to year, in proportion to the occupancy of the immovable by the eligible activities, according to the following calculation rule:

(1) for the fiscal year in which the work is completed and for the two following fiscal years, the tax credit shall be 20 % of the difference between the amounts of property taxes for each 10 % of occupancy of the immovable, up to a maximum credit representing 100 % of that difference;

(2) for the fourth fiscal year, the credit shall be 15 % for each 10 % of occupancy, up to a maximum of 75 % of the difference between the tax amounts;

(3) for the fifth and last fiscal year, the credit shall be 10 % per 10 % of occupancy, up to a maximum of 50 % of the difference between the tax amounts.

23. The city may, in a by-law passed in accordance with subparagraph 9 of section 113 of the Act respecting land use planning and development (chapter A-19.1), prescribe the number and width of places where vehicles must have access to a landsite and prohibit such openings on certain boulevards or public places.

24. The city may, after a public call for tenders and on the conditions it determines, enter into any agreement with a view to the construction, establishment and financing of a recreation centre on the land described in the Schedule to the Act respecting Ville de Gatineau (1995, c. 80), which remains in force for that purpose.

For the purposes of the first paragraph, sections 1 to 3 of the Municipal Works Act (chapter T-14) and sections 573 and 573.1 of the Cities and Towns Act (chapter C-19) do not apply.

However, any resolution of the council authorizing a convention relating to the recreation centre referred to under which the city makes a financial commitment for a period exceeding five years must be approved by the persons qualified to vote in the entire territory of the city in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2) before the convention is submitted to the Minister of Municipal Affairs and Greater Montréal for approval.

25. The city is authorized to sell to the Centre d’accueil de Gatineau, for the price of $1,000 in cash and other considerations, lots 19C-73 to 19C-76, lot 19C-182-3 and part of lot 19C-182-2 of Rang I of the cadastre of Canton de Templeton, such part measuring 56 feet in width and 121.7 feet in length and being limited to the west by Rue Maple, to the east by lot 19C-182-3, to the south by lots 19C-75 and 19C-76 and to the north by the remainder of the said lot 19C-182-3, such sale being then deemed made for valuable consideration subject to the other conditions and formalities prescribed in section 26 of the Cities and Towns Act (chapter C-19).

26. Section 55 of the Act to revise the charter of the city of Hull (1975, c. 94), amended by section 1 of the Act to amend the charter of the city of Hull, as well as Schedule II to that Act concerning the establishment and operation of a convention centre, remain in force.

The first paragraph does not have for effect to restrict powers granted to the city or to any municipality under sections 471.0.5 and 471.0.6 of the Cities and Towns Act (chapter C-19).

27. Section 3 of the Act to amend the charter of the city of Hull (1962, c. 65) remains in force.

28. Concerning the pension plan of members of the council who are in office at the time of coming into force of this Act, the election of 2 February 1975 is deemed to have been held on the first Sunday of November 1974. Sections 5 and 6 have been in effect since 2 February 1975.

29. In case of incompatibility between a provision of this Schedule and a provision in the city’s Charter, the former prevails.

30. No provision of this Schedule or any provision kept in force by this Schedule, has for effect to restrict the scope of a provision contained in any Act applicable to the city or to any municipality in general or to one of their bodies or agencies for the sole reason that it is similar to such a provision but is written in more specific terms.

O.C. 1312-2001, s. 15; 2001, c. 68, s. 194, s. 195.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R‐3), Schedule IV to chapter 56 of the statutes of 2000, in force on 1 April 2001, is repealed effective from the coming into force of chapter C-11.1 of the Revised Statutes.