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

Updated to 21 June 2001

This document has official status.

chapter C-11.5

Charter of Ville de Québec

CHAPTER I CONSTITUTION OF THE MUNICIPALITY

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

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

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

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

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

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

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

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

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

An order referred to in the first paragraph may, however, derogate from section 8 only to allow for the sharing, to the extent fixed in the order, of the debts incurred by a municipality after 20 December 2000 in connection with the carrying out of an economic development project.

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

2000, c. 56, Sch. II, s. 9.

CHAPTER II ORGANIZATION OF THE MUNICIPALITY

DIVISION I DIVISION OF TERRITORY

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

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

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

DIVISION II CITY COUNCIL AND BOROUGH COUNCILS

§ 1 . — City council

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

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

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

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

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

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

§ 2 . — Borough council

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

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

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

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

18. If the members of the borough council are unable to designate the chair at the latest at the first regular meeting of the borough council following a general election, the city council may make that designation. As long as the city council has not designated the borough chair, the members of the borough council may do so.

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

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

DIVISION V PROVISIONS CONCERNING ELECTIONS

37. Subject to this Act and to any order of the Government made under section 9, the Act respecting elections and referendums in municipalities (chapter E-2.2) applies, with the necessary modifications, in respect of the office and election of mayor of the city and of every city councillor.

2000, c. 56, Sch. II, s. 37; 2001, c. 25, s. 316.

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

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

39. For the purposes of section 47 of the Act respecting elections and referendums in municipalities (chapter E‐2.2), the domicile of a person, the immovable of which the person is the owner or the business establishment of which the person is the occupant must be situated within the territory of the borough where the person exercises the right to vote.

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

40. For the purposes of section 57 of the Act respecting elections and referendums in municipalities (chapter E‐2.2), the list formed by the lists of electors of all the boroughs constitutes the list of electors of the municipality.

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

41. A person is eligible for office as mayor or as a member of the city council if the person is entitled to have his or her name entered on the list of electors of any borough and has resided continuously or not in the territory of the city for at least 12 months on 1 September of the calendar year in which a regular election is to be held.

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

CHAPTER V EFFECTS OF AN AMALGAMATION ON LABOUR RELATIONS

132. Subject to this section, sections 176.1 to 176.22 of the Act respecting municipal territorial organization (chapter O-9), the third paragraph of section 176.23, and sections 176.24 to 176.26 apply, with the necessary modifications, to the amalgamations and transfers provided for in paragraph 1 in accordance with the rules set out in paragraphs 2 to 12

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

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

(3)  the agreement provided for in section 176.2 and the decision rendered by a labour commissioner under sections 176.5 and 176.9 shall not operate to define the bargaining units with reference to one or more boroughs;

(4)  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;

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

(6)  1 May 2001 is the reference date for the purposes of the second paragraph of section 176.5;

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

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

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

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

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

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

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

CHAPTER VI TRANSITION COMMITTEE

DIVISION I COMPOSITION AND ORGANIZATION OF THE TRANSITION COMMITTEE

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

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

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

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

2000, c. 56, Sch. II, s. 134.

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

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

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

The transition committee has its head office at the place determined by the Minister. Notice of the location and of any change of location of the head office must be published in the Gazette officielle du Québec and in a newspaper circulated in the territory described in section 3.

2000, c. 56, Sch. II, s. 135; 2001, c. 25, s. 339.

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

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

2000, c. 56, Sch. II, s. 136; 2001, c. 25, s. 340.

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

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

2000, c. 56, Sch. II, s. 137.

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

2000, c. 56, Sch. II, s. 138.

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

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

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

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

2000, c. 56, Sch. II, s. 139.

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

2000, c. 56, Sch. II, s. 140.

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

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

2000, c. 56, Sch. II, s. 141.

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

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

2000, c. 56, Sch. II, s. 142; 2001, c. 25, s. 341.

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

2000, c. 56, Sch. II, s. 143.

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

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

DIVISION II MISSION OF THE TRANSITION COMMITTEE

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

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

DIVISION III OPERATION, POWERS AND RESPONSIBILITIES OF THE TRANSITION COMMITTEE

§ 1 . — Operation and powers of the committee

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

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

2000, c. 56, Sch. II, s. 146.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

153. Sections 151 and 152 apply notwithstanding the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1).

The members of the transition committee or of any subcommittee and the committee employees are required to ensure the confidentiality of the information obtained under sections 151 and 152.

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

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

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

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

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

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

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

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

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

§ 2 . — Responsibilities of the committee

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

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

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

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

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

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

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

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

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

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

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

2000, c. 56, Sch. II, s. 158.

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

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

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

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

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

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

2000, c. 56, Sch. II, s. 160; 2001, c. 25, s. 347.

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

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

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

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

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

2000, c. 56, Sch. II, s. 161.

162. If an agreement has not been reached on all the matters referred to in the first and second paragraphs of section 161 within the time prescribed by the Minister, the Minister of Municipal Affairs and Greater Montréal shall so inform the Minister of Labour, and sections 125.16 to 125.23 of the Act respecting municipal territorial organization (chapter O‐9) apply, with the necessary modifications.

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

2000, c. 56, Sch. II, s. 162; 2001, c. 25, s. 348.

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

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

2000, c. 56, Sch. II, s. 163.

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

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

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

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

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

2000, c. 56, Sch. II, s. 165; 2001, c. 25, s. 349.

166. (Repealed).

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

167. The transition committee shall prepare the city’s budget for the first fiscal year and determine a formula enabling it to fix the allotments of each of the borough councils, by establishing, among other things, elements of equalization among the boroughs and taking into account the services provided in 2001 by each of the local municipalities referred to in section 5.

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

2000, c. 56, Sch. II, s. 167; 2001, c. 25, s. 351.

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

2000, c. 56, Sch. II, s. 168.

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

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

(1)  the boundaries of the city boroughs;

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

(3)  the names of boroughs; and

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

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

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

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

CHAPTER VII TRANSITIONAL AND FINAL PROVISIONS

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

2000, c. 56, Sch. II, s. 171.

172. For the purpose of determining whether a person is qualified as an elector, a candidate or a person qualified to vote at an election or in a referendum poll in the territory of the city, any period, prior to 1 January 2002, during which the person was resident, continuously or not, in the territory of a municipality referred to in section 5 or was the owner of an immovable or the occupant of a business establishment situated in that territory shall be counted as if the person had been a resident, owner or occupant from the beginning of that period in the territory in which he or she must qualify.

2000, c. 56, Sch. II, s. 172.

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

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

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

2000, c. 56, Sch. II, s. 174; 2001, c. 25, s. 353.

175. At the first meeting, 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 has not been adopted, 1/12 of each appropriation provided for in the budget prepared by the transition committee is deemed to be adopted. The same rule applies at the beginning of each subsequent month if the budget has not been adopted at that time.

2000, c. 56, Sch. II, s. 175.

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

The remuneration paid under the first paragraph to an elected officer must be reduced by an amount equal to the amount of any remuneration received from another local municipality during the same period. However, for the purposes of the pension plan established under the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3), only the part of the remuneration received from the municipality that has adhered to that pension plan in respect of the elected officer may be considered as pensionable salary.

2001, c. 25, s. 355.

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

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

SCHEDULE A

(section 3)

DESCRIPTION OF THE BOUNDARIES OF THE TERRITORY OF VILLE DE QUÉBEC

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

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

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

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

SCHEDULE B

(section 10)

I – BOUNDARIES OF THE BOROUGHS OF VILLE DE QUÉBEC

Borough 1

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

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

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

Borough 2

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

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

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

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

Borough 3

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

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

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

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

Borough 4

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

Borough 5

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

Borough 6

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

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

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

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

Borough 7

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

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

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

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

The Wendake Reserve is excluded from Borough 7.

Borough 8

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

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

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

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

II – NUMBER OF COUNCILLORS FOR EACH BOROUGH

Borough 1: 5

Borough 2: 5

Borough 3: 5

Borough 4: 5

Borough 5: 5

Borough 6: 4

Borough 7: 4

Borough 8: 6

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