e-20.001 - Act respecting the exercise of certain municipal powers in certain urban agglomerations

Updated to 25 October 2007

This document has official status.

chapter E-20.001

Act respecting the exercise of certain municipal powers in certain urban agglomerations

TITLE I OBJECTS AND DEFINITIONS

1. The object of this Act is to determine the municipal powers that, rather than being exercised separately for each local municipal territory included in an urban agglomeration defined in Title II, must be exercised globally for that urban agglomeration.

A further object is to prescribe the rules for the exercise of those powers.

2004, c. 29, s. 1.

2. An urban agglomeration corresponds to the territory, as it exists on 17 December 2004, of Ville de Montréal, Ville de Québec, Ville de Longueuil, Ville de Mont-Laurier, Ville de La Tuque, Municipalité des Îles-de-la-Madeleine, Ville de Sainte-Agathe-des-Monts, Ville de Mont-Tremblant, Ville de Cookshire-Eaton, Ville de Rivière-Rouge or Ville de Sainte-Marguerite-Estérel.

In this Act, each such municipality is designated as a “city”.

2004, c. 29, s. 2.

3. For the purposes of this Act,

(1)  “former municipality” means a local municipality that ceased to exist upon the constitution of the city;

(2)  “Minister”, except in a minister’s title, means the Minister of Municipal Affairs and Regions;

(3)  “reconstituted municipality”, with respect to a city, means a local municipality constituted to give effect to the results of a referendum poll held under the Act respecting the consultation of citizens with respect to the territorial reorganization of certain municipalities (2003, chapter 14), whose territory corresponds to the territory of a former municipality;

(4)  “body”, in a provision specifying that it is a body of a local municipality, means a mandatary body of the municipality within the meaning of section 18 of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R‐9.3), any other body otherwise under the authority of the municipality, or a supramunicipal body, within the meaning of that section, whose territory includes the territory of the municipality;

(5)  “reorganization”, with respect to a city, means all the acts provided for in an Act or statutory instrument to constitute the reconstituted municipality or municipalities whose territory is included in the territory of the city, and to reduce the territory of the city accordingly.

2004, c. 29, s. 3; 2005, c. 28, s. 196.

TITLE II URBAN AGGLOMERATIONS, RELATED MUNICIPALITIES AND CENTRAL MUNICIPALITIES

4. The urban agglomeration of Montréal is made up of the territories of Ville de Montréal, Ville de Baie-D’Urfé, Ville de Beaconsfield, Ville de Côte-Saint-Luc, Ville de Dollard-Des Ormeaux, Ville de Dorval, Ville de Hampstead, Ville de Kirkland, Ville de L’Île-Dorval, Ville de Montréal-Est, Ville de Montréal-Ouest, Ville de Mont-Royal, Ville de Pointe-Claire, Ville de Sainte-Anne-de-Bellevue, Village de Senneville and Ville de Westmount.

2004, c. 29, s. 4; 2005, c. 28, s. 153.

5. The urban agglomeration of Québec is made up of the territories of Ville de Québec, Ville de L’Ancienne-Lorette and Ville de Saint-Augustin-de-Desmaures.

2004, c. 29, s. 5; 2005, c. 50, s. 48.

6. The urban agglomeration of Longueuil is made up of the territories of Ville de Longueuil, Ville de Boucherville, Ville de Brossard, Ville de Saint-Bruno-de-Montarville and Ville de Saint-Lambert.

2004, c. 29, s. 6.

7. The urban agglomeration of Mont-Laurier is made up of the territories of Ville de Mont-Laurier and Municipalité de Saint-Aimé-du-Lac-des-Îles.

2004, c. 29, s. 7.

8. The urban agglomeration of La Tuque is made up of the territories of Ville de La Tuque, Municipalité de La Bostonnais and Municipalité de Lac-Édouard.

2004, c. 29, s. 8.

9. The urban agglomeration of Îles-de-la-Madeleine is made up of the territories of Municipalité des Îles-de-la-Madeleine and Municipalité de Grosse-Île.

2004, c. 29, s. 9; 2005, c. 28, s. 154.

10. The urban agglomeration of Sainte-Agathe-des-Monts is made up of the territories of Ville de Sainte-Agathe-des-Monts and Municipalité d’Ivry-sur-le-Lac.

2004, c. 29, s. 10.

11. The urban agglomeration of Mont-Tremblant is made up of the territories of Ville de Mont-Tremblant and Municipalité de Lac-Tremblant-Nord.

2004, c. 29, s. 11.

12. The urban agglomeration of Cookshire-Eaton is made up of the territories of Ville de Cookshire-Eaton and Municipalité de Newport.

2004, c. 29, s. 12.

13. The urban agglomeration of Rivière-Rouge is made up of the territories of Ville de Rivière-Rouge and Municipalité de La Macaza.

2004, c. 29, s. 13.

14. The urban agglomeration of Sainte-Marguerite-Estérel is made up of the territories of Ville de Sainte-Marguerite-du-Lac-Masson and Ville d’Estérel.

2004, c. 29, s. 14.

15. The municipalities listed in the description of an urban agglomeration are related municipalities.

The first municipality mentioned for each urban agglomeration is the central municipality.

2004, c. 29, s. 15.

TITLE III URBAN AGGLOMERATION POWERS

CHAPTER I GENERAL PROVISIONS

16. Municipal powers over the matters referred to in Chapter II and the subjects referred to in Chapter III are urban agglomeration powers.

2004, c. 29, s. 16.

17. Only the central municipality, to the exclusion of the other related municipalities, may act with respect to those matters and subjects.

The central municipality has jurisdiction in its own territory and in the territory of any other related municipality over the acts that may be performed respecting those matters and subjects.

If a provision of an Act or a statutory instrument under that Act concerning such a matter or subject refers to the population of a municipality, the population of the central municipality is deemed to be the total population of all the related municipalities for the purposes of the provision.

2004, c. 29, s. 17.

18. If, according to an Act or an applicable statutory instrument, the act that may be performed respecting those matters and subjects is under the authority of a municipal council or an executive committee, the central municipality performs the act in the first case through its council provided for in Chapter I of Title IV and, in the second case, through that council or its executive committee, depending on what is specified in the order made under section 135.

That council is designated as an “urban agglomeration council”.

2004, c. 29, s. 18.

CHAPTER II MATTERS CONCERNING ALL THE RELATED MUNICIPALITIES

DIVISION I GENERAL PROVISIONS

19. The following matters concern the related municipalities as a whole:

(1)  municipal assessment;

(2)  passenger transportation;

(3)  the thoroughfares forming the arterial road system of the urban agglomeration;

(4)  (paragraph repealed);

(5)  water supply and water purification;

(6)  the disposal and reclamation of residual materials and any other aspect of their management if they are dangerous, as well as the development and adoption of a residual materials management plan;

(7)  municipal lakes and watercourses;

(8)  the components of public security, namely,

(a)  police, civil protection, fire protection and first responder services;

(b)  the 9-1-1 emergency centre;

(c)  the development and adoption of the civil protection plan and the fire safety cover plan;

(9)  the municipal court;

(10)  social housing and assistance intended specifically for the homeless;

(10.1)  the prevention and eradication of drug addiction and prostitution;

(11)  the components of economic development, namely,

(a)  the promotion of the territory of a related municipality, including the promotion of tourism, when it is done outside that territory;

(b)  tourist services in the urban agglomeration;

(c)  local development centres;

(d)  convention centres, ports and airports;

(e)  industrial parks and railway sidings; and

(f)  assistance intended specifically for a business; and

(12)  if the central municipality succeeded a regional county municipality or an urban community, any other matter over which the central municipality now exercises jurisdiction and over which the regional county municipality or urban community exercised jurisdiction under a legislative provision.

2004, c. 29, s. 19; 2005, c. 28, s. 155; 2005, c. 50, s. 49; 2005, c. 6, s. 244; 2007, c. 10, s. 8.

20. The central municipality’s jurisdiction over any of those matters applies to the extent specified, where applicable, in any of Divisions II to IX and subject to Chapter IV.

2004, c. 29, s. 20.

DIVISION II MUNICIPAL ASSESSMENT

21. Unless a regional county municipality has jurisdiction over assessment for related municipalities under section 5 or 5.1 of the Act respecting municipal taxation (chapter F‐2.1), the central municipality has that jurisdiction for itself and, despite section 6 of that Act, for any other related municipality.

In that case, the central municipality is the municipal body responsible for assessment, within the meaning of that Act, as regards an assessment roll of a related municipality.

2004, c. 29, s. 21.

DIVISION III ARTERIAL ROAD SYSTEM

22. The urban agglomeration council identifies the thoroughfares forming the arterial road system in the urban agglomeration by a by-law that is subject to the right of objection under section 115.

It does so by listing the names and numbers of the thoroughfares or by identifying them on a map, plan or other illustration.

However, when such thoroughfares are identified in the order made under section 135, the urban agglomeration council is not required to identify them.

The urban agglomeration council may then only amend elements of the identification made in the order in the manner provided for in the first paragraph. In such a case, if the document specified in the order is of the same nature as those referred to in the second paragraph, the document specified in the by-law must indicate how it differs from the identification made in the order.

The fourth paragraph does not apply to the urban agglomeration council of Québec. In that case, the document identifying the thoroughfares forming the arterial road system in the urban agglomeration is amended in accordance with Chapter III.1.

2004, c. 29, s. 22; 2005, c. 28, s. 156; 2007, c. 10, s. 9.

23. The central municipality’s exclusive jurisdiction over the thoroughfares identified covers road maintenance and management, including snow removal, signs and signals, and traffic and parking regulation.

However, it does not include the power to institute penal proceedings for contravening a provision of a by-law, a resolution or an order that concerns traffic or parking on such a thoroughfare. The related municipality in whose territory the contravention is committed may institute proceedings even if, in the case of a reconstituted municipality, the by-law, resolution or order was not adopted by the council or executive committee.

2004, c. 29, s. 23.

24. The central municipality’s exclusive jurisdiction over a thoroughfare also includes, depending on whether or not it is in the central municipality’s territory, the obligation to use or obtain a sum determined under the second paragraph to finance expenditures related to the exercise of an urban agglomeration power.

The sum is the part of the subsidy, paid under a program established by the Government, a minister or a government body to compensate the municipalities for road maintenance, that is attributable to the thoroughfare referred to in the first paragraph.

2004, c. 29, s. 24.

24.1. The central municipality is the owner of the thoroughfares forming the arterial road system of the urban agglomeration including those located in the territory of a reconstituted municipality, despite section 6 of the Act respecting roads (chapter V-9).

A thoroughfare located in the territory of a reconstituted municipality that is no longer part of the arterial road system following a decision to that effect by the urban agglomeration council becomes the property of that municipality.

For the purposes of this Act, a thoroughfare is a public road within the meaning of section 66 of the Municipal Powers Act (chapter C-47.1).

2005, c. 28, s. 157.

DIVISION IV WATER SUPPLY AND WATER PURIFICATION

25. In the case of the urban agglomeration of Montréal, the urban agglomeration of Québec and the urban agglomeration of Longueuil, the central municipality’s exclusive jurisdiction over water supply and water purification does not include the installation, repair and maintenance of purely local water or sewer mains or the connecting of water or sewer mains to an immovable.

All water or sewer mains that are not trunk lines within the meaning of section 26 are purely local. They include the equipment accessory to them, such as, in the case of waterworks, hydrants, cocks, valves and boosters.

2004, c. 29, s. 25.

26. In the case of a waterworks system, a water main used to transport drinking water from the filtration plant to a reservoir, or from a reservoir to a water distribution main, is a trunk water main.

In the case of a sewer system, an interceptor or main used to transport waste water from a branch line situated under a thoroughfare to an interceptor, or to discharge drainage water from such a sewer main into a watercourse or a retention basin, is a trunk interceptor or trunk sewer main.

2004, c. 29, s. 26.

27. The urban agglomeration council identifies the water or sewer mains that are not purely local on a map, plan or other illustration specified in a by-law that is subject to the right of objection under section 115.

However, when such water or sewer mains are identified in the order made under section 135, the urban agglomeration council is not required to identify them.

The urban agglomeration council may then only amend elements of the identification made in the order in the manner provided for in the first paragraph. In such a case, the document specified in the by-law must indicate how it differs from the identification made in the order.

The third paragraph does not apply to the urban agglomeration council of Québec. In that case, the document identifying the water and sewer mains that are not purely local is amended in accordance with Chapter III.1.

2004, c. 29, s. 27; 2007, c. 10, s. 11.

27.1. The central municipality is the owner of the water or sewer mains that are not purely local.

A main located in the territory of a reconstituted municipality that becomes purely local as a result of a decision to that effect by the urban agglomeration council becomes the property of that municipality.

2005, c. 28, s. 158.

28. In the case of any urban agglomeration other than those referred to in section 25, the central municipality only has exclusive jurisdiction over water supply and water purification if, immediately before the city was constituted, jurisdiction over that matter was exercised under an agreement between former municipalities. The central municipality’s exclusive jurisdiction applies only to infrastructures and equipment covered by that agreement and those replacing them.

If, however, none of the territories of the former municipalities party to the agreement are included in the central municipality’s territory, the central municipality does not have exclusive jurisdiction over water supply and water purification.

For the purposes of the first two paragraphs, a pooling of infrastructures and equipment through the assumption of jurisdiction by a regional county municipality is considered to be a pooling of infrastructures and equipment under an agreement.

2004, c. 29, s. 28.

DIVISION V SOCIAL HOUSING

29. The central municipality’s exclusive jurisdiction over social housing applies, subject to the power of a regional county municipality to take on certain aspects of the financing of social housing under article 681.2 of the Municipal Code of Québec (chapter C‐27.1) or the obligation of the Communauté métropolitaine de Montréal to do so under section 153 of the Act respecting the Communauté métropolitaine de Montréal (chapter C‐37.01).

2004, c. 29, s. 29.

DIVISION VI LOCAL DEVELOPMENT CENTRE

30. If the central municipality’s exclusive jurisdiction over local development centres includes the power to determine the number of such centres in the urban agglomeration and to define the territory in which each centre has jurisdiction, the urban agglomeration council exercises this power by a by-law that is subject to the right of objection under section 115.

2004, c. 29, s. 30.

DIVISION VII PORT AND AIRPORT

31. The central municipality’s exclusive jurisdiction over ports and airports applies only if the main vocation of the port or airport is neither to serve recreational craft nor to provide access to an immovable for the owner of the immovable, a person residing or working in or on that immovable or a visitor or client.

2004, c. 29, s. 31.

DIVISION VIII INDUSTRIAL PARK

32. An industrial park is any group of immovables forming an identifiable whole in the territory of a municipality and consisting of

(1)  land acquired under the Act respecting municipal industrial immovables (chapter I‐0.1), another Act or a statutory instrument whose object is to allow a municipality or a municipal body to provide businesses with immovables for industrial, para-industrial or research purposes, including technology;

(2)  improvements to the land referred to in paragraph 1; and

(3)  buildings and other structures on the land referred to in paragraph 1.

2004, c. 29, s. 32.

33. The central municipality’s exclusive jurisdiction over an industrial park includes the functions provided for by a legislative provision or a text referred to in paragraph 1 of section 32 to create and manage a new park or manage a park that existed on the date of the reorganization of the city to whose territory the urban agglomeration corresponds.

2004, c. 29, s. 33; 2005, c. 50, s. 50; 2007, c. 10, s. 20.

34. In the exercise of functions relating to the management of an industrial park, the urban agglomeration council may make decisions to alienate or lease an immovable included in the park by a by-law subject to the right of objection under section 115.

The adoption of the by-law need not be preceded by a notice of motion.

2004, c. 29, s. 34; 2005, c. 50, s. 51.

35. The central municipality’s exclusive jurisdiction over an industrial park also includes, depending on whether or not the park is in the central municipality’s territory, the obligation to use or to obtain a sum determined under the second and third paragraphs to finance expenditures related to the exercise of an urban agglomeration power.

The sum is the balance of the revenue derived from the presence of the industrial park for a fiscal year, except revenue from a tax or other method of financing imposed by the urban agglomeration council, once the following have been excluded:

(1)  that which must by law be used, for the fiscal year, to discharge commitments made for the park; and

(2)  that which is taken into consideration in establishing the aggregate taxation rate of a municipality.

However, the revenue derived from the alienation or leasing of an immovable that belonged to the city to whose territory the urban agglomeration corresponds immediately before the reorganization of that city is not included in the revenue referred to in the second paragraph. Subject to compliance with any requirement under law to use the revenue to discharge commitments made with respect to the park, the revenue is governed by the provisions of the urban agglomeration order, enacted under section 145 or 146, prescribing rules for revenue derived from the alienation or leasing by the central municipality of immovables not transferred to a reconstituted municipality at the time of the reorganization.

2004, c. 29, s. 35; 2006, c. 31, s. 55.

36. The urban agglomeration council may prescribe, by a by-law subject to the right of objection under section 115, that an industrial park it identifies among those existing on the date of the reorganization of the city to whose territory the agglomeration corresponds is outside its exclusive jurisdiction.

2004, c. 29, s. 36; 2005, c. 50, s. 52.

DIVISION IX BUSINESS ASSISTANCE

37. The central municipality’s exclusive jurisdiction over assistance intended specifically for a business applies as regards a tax credit in the manner specified in the second and third paragraphs.

The urban agglomeration council may grant a tax credit reducing the amount of any tax it levies.

No related municipality, including the central municipality, may grant a tax credit reducing the amount of another tax.

2004, c. 29, s. 37.

38. The urban agglomeration council may, by a by-law subject to the right of objection under section 115,

(1)  specify what constitutes and what does not constitute assistance intended specifically for a business; and

(2)  prescribe that a type of assistance it specifies is outside the central municipality’s exclusive jurisdiction, even if the type of assistance specified is intended specifically for a business.

2004, c. 29, s. 38.

CHAPTER III EQUIPMENT, INFRASTRUCTURES AND ACTIVITIES OF COLLECTIVE INTEREST

39. The urban agglomeration council may, by a by-law subject to the right of objection under section 115, draw up a list of the equipment located in the urban agglomeration that meets the conditions set out in section 40.

However, if such a list is included in the order made under section 135, the urban agglomeration council may amend it, in the manner set out in the first paragraph, but may not draw up another list.

The second paragraph does not apply to the urban agglomeration council of Québec. In that case, the list of equipment, infrastructures and activities of collective interest is amended in accordance with Chapter III.1.

2004, c. 29, s. 39; 2005, c. 50, s. 53; 2007, c. 10, s. 13.

40. Equipment may appear on the list if the following three conditions are met:

(1)  the equipment belongs to a related municipality or a body of a related municipality;

(2)  it is appropriate that the central municipality and at least one reconstituted municipality jointly finance the related expenditures or share the related revenue; and

(3)  the equipment is not referred to in a by-law in force under article 681.1 of the Municipal Code of Québec (chapter C‐27.1), an agreement or order in force under Division IV.1 of the Act respecting the Commission municipale (chapter C‐35) or Schedule V to the Act respecting the Communauté métropolitaine de Montréal (chapter C‐37.01), or a by-law in force under Division V of Chapter III of that Act or Division VI of Chapter III of the Act respecting the Communauté métropolitaine de Québec (chapter C‐37.02).

The condition prescribed in subparagraph 2 of the first paragraph is met when the equipment is relatively well-known, unique in the urban agglomeration, or widely used by citizens or ratepayers of a related municipality although not located in its territory.

2004, c. 29, s. 40.

41. The central municipality’s exclusive jurisdiction over equipment on the list consists in the power of the urban agglomeration council to establish, by a by-law subject to the right of objection under section 115, rules on the subjects referred to in the second paragraph that concern both the central municipality and at least one reconstituted municipality.

Those subjects are the management of equipment, the financing of related expenditures and the sharing of related revenue.

Revenue must be shared equitably on the basis of the respective participation of the related municipalities in financing expenditures.

2004, c. 29, s. 41.

42. The rules established for equipment on the list may, however, prescribe that the equipment is managed, related expenditures are financed and related revenue is shared in the same manner as if the equipment were property related to the exercise of urban agglomeration jurisdiction over a matter referred to in Chapter II.

2004, c. 29, s. 42.

43. The by-law by which the urban agglomeration council draws up or amends the list must set out appropriate conditions for transition purposes regarding any subject referred to in section 41 in relation to equipment added to or removed from the list.

2004, c. 29, s. 43; 2005, c. 50, s. 54.

44. Sections 39 to 43 apply, with the necessary modifications, to an infrastructure or activity, particularly to the provision of assistance for the purpose of carrying out a project.

An activity of a municipality or a municipal body may be covered by those sections even if the project in relation to which the activity is carried on is not initiated by the municipality or body.

2004, c. 29, s. 44.

CHAPTER III.1 BOARD OF ARBITRATION

2007, c. 10, s. 14.

44.1. In the urban agglomeration of Québec, a board of arbitration is established to identify, in accordance with section 44.3,

(1)  the thoroughfares forming the arterial road system in the urban agglomeration;

(2)  the water and sewer mains that are not purely local; and

(3)  the equipment, infrastructures or activities of collective interest.

2007, c. 10, s. 14.

44.2. The board of arbitration is composed of three members designated as follows:

(1)  the mayors of the reconstituted municipalities designate one, in the manner they choose;

(2)  the central municipality, acting through its regular council following a report of the executive committee that may not be amended, designates one; and

(3)  the Minister designates one.

2007, c. 10, s. 14.

44.3. At the request of a related municipality, the board may, if it has never done so, evaluate whether

(1)  thoroughfares should be included in the arterial road system of the urban agglomeration;

(2)  water or sewer mains are not purely local; and

(3)  equipment, infrastructures or activities are of collective interest, taking into account the conditions and criteria set out in section 40.

For the purposes of the first paragraph, the mandate of the board may only concern thoroughfares, mains, equipment or infrastructures acquired or built by the related municipality on or after 25 October 2007 or activities carried on on or after that date.

The board must send its decision within 30 days after receiving the request, to the related municipalities of the urban agglomeration and to the Minister. If the board determines that thoroughfares, mains, equipment, infrastructures or activities must be added to a document referred to in section 22, 27 or 39, it makes the amendment, which comes into force on the date of its publication in the Gazette officielle du Québec.

2007, c. 10, s. 14.

44.4. If thoroughfares, mains, equipment or infrastructures were acquired or built by a related municipality before 25 October 2007 or activities were carried on before that date, the urban agglomeration council may, by by-law, add them to a document referred to in section 22, 27 or 39, or remove them from it. The decision to adopt the by-law must be made by a majority of the votes cast, and the majority must include both a majority of the votes cast by the members representing the central municipality and the votes cast by one member representing a reconstituted municipality.

If the board of arbitration has already examined thoroughfares, mains, equipment or infrastructures acquired or built by a related municipality on or after 25 October 2007, or activities carried on on or after that date, the urban agglomeration council may, by a by-law subject to the right of objection under section 115, add them to a document referred to in section 22, 27 or 39 or remove them from it.

An amendment made under the first or second paragraph must be sent to the Minister and it comes into force on the date of its publication in the Gazette officielle du Québec.

2007, c. 10, s. 14.

CHAPTER IV COMPLEMENTARY PROVISIONS

DIVISION I POWERS NOT EXERCISED ACCORDING TO GENERAL RULES

45. An urban agglomeration power is not required to be exercised by the sole fact that it has been conferred on the central municipality by a provision of Chapter II or Chapter III.

That sole fact does not prevent a regional county municipality from exercising its right to assume all or part of that power. The power must be assumed in respect of all the related municipalities or all their territories.

The sole fact that the power has been conferred on the central municipality does not prevent the central municipality from delegating all or part of the power, in particular to a reconstituted municipality, by an agreement entered into according to the applicable rules. The delegation may be made in respect of a reconstituted municipality or its territory only if the reconstituted municipality is the delegatee or if it enters into the agreement in order to accept that the delegatee act for the reconstituted municipality or in its territory.

Any provision respecting the exercise of an urban agglomeration power is also deemed to pertain, where applicable, to the exercise of only part of the power or to the exercise of all or part of the power as regards only some of the related municipalities or in only a few of their territories.

2004, c. 29, s. 45.

46. If, following delegation by agreement, a power is exercised by each reconstituted municipality for itself or in its own territory, any act inherent in the exercise of the power in respect of the central municipality or in its territory which, according to section 18, should be performed by the urban agglomeration council, must rather be performed by the regular municipal council.

That substitution does not apply to the power or obligation of the urban agglomeration council to make by-laws or levy taxes.

2004, c. 29, s. 46.

47. The urban agglomeration council may prescribe, by a by-law subject to the right of objection under section 115, that an urban agglomeration power is exercised, in respect of a related municipality or in its territory, by the council of that related municipality or, in the case of the central municipality, by the regular council of the central municipality.

The by-law must apply to all the related municipalities or their territories. It may prescribe the conditions and manner of the delegation, which must not involve discrimination based on the municipalities or their territories.

2004, c. 29, s. 47.

48. In any case other than the cases referred to in sections 46 and 47, the urban agglomeration council and the regular council of the central municipality may, by similar resolutions, provide for the delegation, for a set period, of the exercise of an urban agglomeration power in respect of the municipality or in its territory.

Once the two resolutions are in force for the set period, the substitution under section 46 applies.

2004, c. 29, s. 48.

49. A provision of an Act or statutory instrument that gives a borough council a right, power or obligation as regards a given subject is completely or partially without effect, to the extent that all or part of the subject comes under an urban agglomeration power.

However, if the regular council of the central municipality has been delegated the exercise of that power under sections 46 to 48, it may subdelegate the power as regards the borough to the borough council, according to the rules set out by the charter of the municipality.

2004, c. 29, s. 49.

50. Before making a decision whose object is to have the central municipality participate, alone or with a partner, in the creation of a body that will exercise an urban agglomeration power in respect of a related municipality or in the territory of the related municipality, the urban agglomeration council must be authorized to do so by the council of that municipality, and, where applicable, by the regular council of the central municipality.

The first paragraph does not apply if the powers exercised by the body in fulfilling its mission do not include an act normally performed by the urban agglomeration council.

2004, c. 29, s. 50.

51. If, immediately before the reorganization of the city whose territory corresponds to the urban agglomeration, an urban agglomeration power is exercised by a municipal body under an agreement entered into by the city, the agreement is maintained as if all the related municipalities were party to it, and the acts performed by the central municipality under the agreement are deemed to be performed in the exercise of the urban agglomeration power.

For the purposes of the first paragraph and of section 52, “municipal body” has the meaning assigned by section 307 of the Act respecting elections and referendums in municipalities (chapter E‐2.2), and also means a local municipality.

2004, c. 29, s. 51.

52. If, immediately before the reorganization of the city whose territory corresponds to the urban agglomeration, an urban agglomeration power belongs to a municipal body and the power is neither temporary nor revocable, it is not conferred on the central municipality.

A power is deemed revocable if it is exercised by a body established by the city which may be dissolved by order or at the sole request of the city.

The first paragraph does not apply during the period in which, under the law applicable immediately before the city is reorganized, the central municipality and the municipal body simultaneously exercise jurisdiction over the same matter.

2004, c. 29, s. 52.

53. If, immediately before the reorganization of the city whose territory corresponds to the urban agglomeration, police services are provided to the city by the Sûreté du Québec, the urban agglomeration power regarding such services is not conferred on the central municipality.

However, in the case of a city that succeeded a regional county municipality, the power conferred on such a municipality by the Police Act (chapter P-13.1) with respect to an agreement with the Minister of Public Security for the provision, by the Sûreté du Québec, of the police services required in the territory of the municipality constitutes an urban agglomeration power. For that purpose, entering into an agreement and the rights, powers and obligations conferred by that Act on the regional county municipality as a signatory to the agreement are deemed to be matters referred to in paragraph 12 of section 19.

2004, c. 29, s. 53; 2006, c. 60, s. 67.

DIVISION II INHERENT OR ACCESSORY ACTS

54. Decision making related to acts inherent in or accessory to the exercise of an urban agglomeration power is deemed part of the power.

Such acts include:

(1)  the making of an agreement or any other form of contract;

(2)  the imposition of a method of financing and the inclusion of an item in the budget or the capital expenditure program;

(3)  the allocation of human or physical resources;

(4)  the taking of other administrative measures or the setting of standards; and

(5)  the response to a resolution announcing a regional county municipality’s intention to assume all or part of a power for related municipalities.

2004, c. 29, s. 54.

DIVISION III CONCURRENT POWERS

55. If the infrastructures and equipment forming a system consist both of infrastructures and equipment that come under an urban agglomeration power, and infrastructures and equipment that do not, the urban agglomeration council may, by a by-law subject to the right of objection under section 115, establish rules so that the exercise of a power as regards the latter infrastructures and equipment does not affect the former infrastructures and equipment in such a way as to significantly reduce the leeway of the central municipality in exercising the urban agglomeration power.

Every related municipality must comply with the rules established in such a by-law that is in force.

The power conferred by the first paragraph applies in particular to thoroughfares, water supply, water purification and residual materials.

2004, c. 29, s. 55.

56. In addition to the case referred to in section 55, the urban agglomeration council may, by a by-law subject to the right of objection under section 115, establish rules to prevent the exercise of an urban agglomeration power and of another power as regards the same persons or the same property from causing needless inconvenience and to foster consistency of action.

Every related municipality must comply with the rules established in such a by-law that is in force.

2004, c. 29, s. 56.

57. If an act that, according to an Act or a statutory instrument applicable to the central municipality, must be performed by the central municipality’s council or executive committee, comes under both an urban agglomeration power and another power, the act is performed by the deliberative body specified in section 18.

If the act involves expenditures, the expenditures are mixed and are subject to the by-law under section 69.

2004, c. 29, s. 57.

TITLE IV RULES RELATING TO THE EXERCISE OF URBAN AGGLOMERATION POWERS

CHAPTER I URBAN AGGLOMERATION COUNCIL

58. Every central municipality has an urban agglomeration council the nature, composition and operating rules of which are set out in the order made under section 135.

The council is a deliberative body of the municipality.

2004, c. 29, s. 58.

59. The order must respect the following principles:

(1)  every related municipality must be represented on the urban agglomeration council;

(2)  the number of votes assigned to the representative or to all the representatives of each related municipality must be in the same proportion to the number of votes assigned to all the members of the urban agglomeration council as the population of the municipality is to the total population of all the related municipalities; and

(3)  the meetings of the urban agglomeration council must be public.

2004, c. 29, s. 59.

60. In the case of a central municipality that has an executive committee, the executive committee may exercise an urban agglomeration power, depending on what is specified in the order made under section 135.

2004, c. 29, s. 60.

61. At a meeting of the council of a related municipality, the mayor

(1)  informs the council of the matters that are to be considered at a future meeting of the urban agglomeration council;

(2)  sets out the position the mayor intends to take on any matter referred to in paragraph 1, discusses that position with the other members present and proposes the adoption of a resolution establishing the council’s stance; and

(3)  reports on the decisions made by the urban agglomeration council at a previous meeting.

2004, c. 29, s. 61.

62. If the regular council of the central municipality or the council of a reconstituted municipality takes a stance on a matter that is to be referred to the urban agglomeration council, every member of the urban agglomeration council representing that municipality must, during the discussion and vote on the matter, act in conformity with the stance taken.

2004, c. 29, s. 62.

63. If all the members of the regular council of the municipality are on the urban agglomeration council, sections 61 and 62 do not apply to the mayor of the central municipality and to a representative of that municipality, respectively.

2004, c. 29, s. 63.

64. For the purposes of the provisions of this chapter and of the order made under section 135 that relate to the urban agglomeration council, Ville de L’Île-Dorval is not taken into consideration with respect to the urban agglomeration of Montréal.

Its territory is deemed to be included in the territory of Ville de Dorval.

2004, c. 29, s. 64.

CHAPTER II URBAN AGGLOMERATION FINANCES

DIVISION I URBAN AGGLOMERATION EXPENDITURES

65. The expenditures incurred by the central municipality in the exercise of urban agglomeration powers are treated separately from those incurred in the exercise of other powers.

2004, c. 29, s. 65.

66. Expenditures related to equipment, infrastructures or activities of collective interest are deemed to be incurred in the exercise of urban agglomeration powers, if the rules the content of which is provided for in section 42 apply to those expenditures.

2004, c. 29, s. 66.

67. Expenditures related to the conditions of employment of the members of deliberative bodies authorized to exercise urban agglomeration powers that are urban agglomeration expenditures according to the order made under section 135 are deemed to be incurred in the exercise of urban agglomeration powers.

The order may determine the circumstances in which the expenditures related to those conditions of employment are mixed expenditures.

2004, c. 29, s. 67.

68. In addition to what is prescribed in section 57 and in the order made under section 135, expenditures incurred by the central municipality in the exercise of both urban agglomeration powers and other powers are mixed expenditures if

(1)  an employee of the municipality or a contractor or service provider under contract with the municipality performs an act; or

(2)  property for which the municipality assumes the capital costs or usage costs is used.

2004, c. 29, s. 68.

69. The urban agglomeration council, by a by-law subject to the right of objection under section 115, establishes criteria for determining what part of a mixed expenditure is an expenditure incurred in the exercise of urban agglomeration powers.

The by-law may define classes among the mixed expenditures and establish different criteria according to the classes.

2004, c. 29, s. 69.

70. The auditor responsible for expressing an opinion on the aggregate taxation rate of the central municipality must also provide an opinion on the breakdown of the mixed expenditures.

2004, c. 29, s. 70; 2005, c. 50, s. 55.

DIVISION II URBAN AGGLOMERATION REVENUES

71. The revenues of the central municipality derived from the exercise of an urban agglomeration power must be applied to the financing of the expenditures incurred in the exercise of that power.

The same applies for the revenues derived from a method of financing if, under an Act or statutory instrument, those revenues are to be applied to the financing of such expenditures.

2004, c. 29, s. 71.

72. The revenues from the following activities are deemed to derive from the exercise of an urban agglomeration power:

(1)  the issuance of permits, certificates and other authorizations under by-laws, resolutions and orders of a deliberative body exercising an urban agglomeration power;

(2)  the imposition of fines and other monetary penalties and the charging of costs for offences under by-laws, resolutions and orders referred to in paragraph 1 that do not concern traffic or parking on thoroughfares; and

(3)  the remittance of costs owing to the fact that a municipal court comes under the central municipality.

2004, c. 29, s. 72.

73. The revenues from equipment, an infrastructure or an activity of collective interest are deemed to derive from the exercise of an urban agglomeration power if the rules the content of which is provided for in section 42 apply to those revenues.

2004, c. 29, s. 73.

74. In addition to what is set out in section 72, the share of the revenues that is to be allocated to an interested municipality under an Act, a statutory instrument or a contract, when those revenues are from fines, other monetary penalties and costs relating to offences under certain legislative provisions that municipalities are responsible for enforcing and that are not provisions of the Highway Safety Code (chapter C-24.2), is paid to the central municipality, to the exclusion of any other related municipality.

A provision or stipulation prescribing the payment of that share as regards such offences committed in an urban agglomeration is deemed to apply only to the central municipality.

2004, c. 29, s. 74; 2005, c. 50, s. 56.

75. Any sum or part of a sum referred to in any of the following paragraphs to which a related municipality is entitled under a program established by the Government, a minister or a government body is paid to the central municipality, to the exclusion of any other related municipality.

The central municipality receives any sum provided for in

(1)  the program to promote municipal mergers; and

(2)  the program to promote municipal reorganization.

The central municipality receives any part, designated under the program as being intended for urban agglomeration purposes, of any sum provided for in

(1)  the element relating to compensations to stand in lieu of taxes, in the program designed to neutralize the financial effects of a municipal merger;

(2)  the program relating to payment of compensation as regards public lands; and

(3)  the program relating to payment of “levelling” compensation.

If the central municipality succeeded to the rights and obligations of a regional county municipality, it receives any sum provided for in

(1)  the element relating to duties for the exploitation of resources, in the program designed to promote the diversification of municipal revenues; and

(2)  the assistance program for regional county municipalities.

2004, c. 29, s. 75.

76. The sums referred to in sections 74 and 75 and the revenues from any tax or other method of financing imposed by the urban agglomeration council must be allocated exclusively to the financing of expenditures incurred in the exercise of an urban agglomeration power.

The same applies, with respect to a sum referred to in the second paragraph of section 86, to the part of the sum that is paid to the central municipality by reason of the taxes, compensations and modes of tariffing imposed by the urban agglomeration council.

2004, c. 29, s. 76.

DIVISION III TAXATION PROVISIONS

§ 1 . — Interpretation

77. For the purposes of this division, “Act”, except in the title of an Act, means the Act respecting municipal taxation (chapter F‐2.1).

2004, c. 29, s. 77.

§ 2 . — Assessment roll

78. If any of the related municipalities does not have a roll of rental values, the urban agglomeration council may, for the purpose of its own taxation powers, decide that the municipality has such a roll.

It makes the decision by a by-law subject to the right of objection under section 115.

Section 14.1 of the Act applies to the by-law and, where applicable, to the by-law repealing it as if they were resolutions adopted by the council of the municipality concerned.

2004, c. 29, s. 78.

79. Where the property assessment roll of any of the related municipalities does not contain the indications identifying each unit of assessment belonging to each of the categories provided for in sections 244.34 to 244.36 of the Act or specifying to which class provided for in section 244.54 of the Act each unit belonging to the category provided for in that section 244.34 belongs, the urban agglomeration council may, for the purposes of its own taxation powers, decide that the roll must contain such indications.

Section 57.1.1 of the Act applies to the resolution adopted to that effect by the urban agglomeration council as if it were a resolution adopted by the council of the municipality concerned.

2004, c. 29, s. 79.

80. The equilibration defined in section 46.1 of the Act must be effected upon the establishment of each assessment roll of a related municipality, even though its population is less than 5,000 inhabitants, if the population of another related municipality is equal to or greater than that number.

If the population of every related municipality is less than 5,000 inhabitants, the decision to effect or not to effect the equilibration, if it is not compulsory, must be uniform for all related municipalities.

2004, c. 29, s. 80.

81. The assessment rolls of all related municipalities are drawn up and deposited so that they come into force simultaneously and apply for the same fiscal years.

They must be deposited on the same day. Otherwise, they are deemed not to have been deposited within the time limit prescribed by the Act.

For the purpose of complying with this requirement, the municipal body responsible for assessment may, under section 71 of the Act, postpone the deposit of a roll even though it could deposit the roll before 16 September preceding the first fiscal year for which the roll was drawn up.

2004, c. 29, s. 81.

81.1. The assessment rolls of all the related municipalities have the same median proportion and the same comparative factor, established under section 264 of the Act.

For that purpose, the regulation made under paragraph 5 of section 263 of the Act is applied as if the related municipalities formed a single local municipality whose territory is the urban agglomeration and as if their property assessment rolls constituted a single property assessment roll.

2006, c. 31, s. 56.

82. The expression “urban agglomeration property roll” means the aggregate of all the property assessment rolls of the related municipalities that are applicable simultaneously.

If all the related municipalities have a roll of rental values, the first paragraph applies, with the necessary modifications, and the aggregate of such rolls is called the “urban agglomeration rental roll”.

2004, c. 29, s. 82; 2006, c. 31, s. 57.

83. The assessor must produce and send a summary of the urban agglomeration property roll.

The provisions of the regulation made under paragraph 1 of section 263 of the Act that relate to the summary of a property assessment roll apply, with the necessary modifications and in particular with the modifications provided for in the third paragraph, as regards the summary of the urban agglomeration property roll.

The assessor is exempted from sending the Minister the form that, under the regulation referred to in the second paragraph, must be filled out on the basis of the information included in the summary.

However, the exemption does not render inoperative a provision of an Act or a statutory instrument that refers to the form in order to identify data contained in the property assessment roll, if that provision is applicable as regards the urban agglomeration property roll. In that case, the provision applies as if the assessor had filled out the form to send it to the Minister.

2004, c. 29, s. 83; 2006, c. 31, s. 58.

84. The median proportion and the comparative factor of the urban agglomeration property roll and the urban agglomeration rental roll, for a fiscal year, are those established under section 264 of the Act for that fiscal year for the property assessment rolls of the related municipalities.

2004, c. 29, s. 84; 2006, c. 31, s. 59.

§ 3 . — Taxes and other methods of financing

85. For the purpose of financing expenditures incurred in the exercise of an urban agglomeration power, the urban agglomeration council may, by a by-law subject to the right of objection under section 115, levy any tax or impose any other method of financing that may be levied or imposed by a local municipality.

However, it may not levy such a tax or impose such other method of financing if the revenues derived must, under an Act or statutory instrument, be allocated exclusively to the financing of expenditures other than those referred to in the first paragraph.

Likewise, the regular council of the central municipality or the council of a reconstituted municipality may not levy a tax or impose another method of financing if the revenues from such tax or other method of financing must, under an Act or statutory instrument, be allocated exclusively to the financing of expenditures incurred in the exercise of an urban agglomeration power.

2004, c. 29, s. 85.

86. Subject to the second and third paragraphs of section 85, the urban agglomeration council and the regular council of the central municipality or the council of a reconstituted municipality may exercise concurrently the power conferred on them to levy the same tax or impose the same other method of financing.

The Government must therefore treat separately the part of the sum it must pay to a related municipality under section 210, 254 or 257 of the Act that stands in lieu of taxes, compensations and modes of tariffing imposed by the urban agglomeration council, and the other part of that sum. In addition, each of the corresponding parts of any sum paid under a program established by the Government, a minister or a government body to increase the compensations standing in lieu of taxes paid to the municipalities must also be treated separately.

For the purposes of this Act, the sum that the Government must pay under the second sentence of the first paragraph of section 257 of the Act is considered to be a compensation standing in lieu of taxes, compensations and modes of tariffing referred to in that sentence.

2004, c. 29, s. 86.

87. If the account sent to a taxpayer includes the taxes or compensations that the taxpayer is required to pay as a result of decisions made both by the urban agglomeration council and by the regular council of the central municipality or the council of the reconstituted municipality, each of the taxes or compensations imposed by each of the councils must be identified and detailed in the account in accordance with the regulation under paragraph 2 of section 263 of the Act.

If separate accounts are sent for the taxes or compensations imposed by each council, each tax or compensation appearing in each account must be detailed in accordance with that regulation.

2004, c. 29, s. 87.

88. If the urban agglomeration council levies a tax based on property value or rental value, the values used as the basis for the calculation of the amount of the tax are the values that are entered on the urban agglomeration property or rental roll. Any reference to the property assessment roll or the rental roll of the municipality, as the case may be, in any provision relating to the tax so levied by the urban agglomeration council, is deemed to be a reference to the urban agglomeration property or rental roll.

The same applies to any compensation in lieu of a tax provided for in section 210, 254 or 257 of the Act.

The same also applies to any compensation provided for in section 205 of the Act.

The first three paragraphs apply subject to the power of the urban agglomeration council under section 106 to take advantage of the averaging of the variation in the taxable values resulting from the coming into force of the roll.

2004, c. 29, s. 88; 2006, c. 31, s. 60.

89. The general property tax rate to which section 205.1 of the Act refers is the rate fixed by the council imposing the compensation provided for in section 205 of the Act.

The sums to which that section 205.1 refers are the sums that would be payable in respect of the immovable concerned and that would derive from municipal taxes, compensations or modes of tariffing imposed by the council imposing the compensation provided for in that section 205.

The figures 0.006 and 0.01 appearing in the first and second paragraphs of that section 205.1 are replaced by the figures determined in accordance with the rules prescribed by the order made under section 135.

2004, c. 29, s. 89.

90. No related municipality may require another related municipality to pay a compensation under section 205 of the Act for an immovable that is related to the exercise of an urban agglomeration power as regards a matter that is referred to in Chapter II of Title III or that is subject to the rules the content of which is provided for in section 42.

2004, c. 29, s. 90.

91. The amount of $10 mentioned in the first paragraph of section 231 of the Act is replaced by the amounts determined in accordance with the rules prescribed in the order made under section 135.

2004, c. 29, s. 91.

92. For the purpose of calculating the sum payable to Ville de Montréal under section 231.5 of the Act, the units of assessment referred to in the third paragraph of that section are made up of immovables situated in the whole urban agglomeration of Montréal rather than only in the sole territory of the central municipality.

However, no part of that sum is an urban agglomeration revenue.

2004, c. 29, s. 92.

93. The extension of the imposition of the business tax under the fifth paragraph of section 232 of the Act applies separately for the tax imposed by the urban agglomeration council and the tax imposed by the regular council of the central municipality or the council of a reconstituted municipality.

The same applies for a decision to grant the credit provided for in section 237 of the Act.

For the purposes of sections 240 and 241 of the Act as regards the business tax imposed by the urban agglomeration council, a person that ceases to occupy a business establishment situated in the territory of a related municipality and occupies a business establishment situated in the territory of another related municipality is treated as if the person had successively occupied two establishments situated in the same local municipal territory.

2004, c. 29, s. 93.

94. The urban agglomeration council and the regular council of the central municipality or the council of a reconstituted municipality may exercise concurrently their power to apply the various general property tax rates scheme provided for in Division III.4 of Chapter XVIII of the Act.

A decision by either of those councils to impose a general property tax at a rate specific to a category of immovables has no effect on the power of the other to impose a general property tax at a rate specific to the same category or to another category.

The same applies for a decision by either of those councils to exercise a power under subdivision 5 of that division relating to an abatement to take into account certain vacancies.

2004, c. 29, s. 94.

95. A decision by the urban agglomeration council to take advantage of the various general property tax rates scheme does not allow the regular council of the central municipality or the council of a reconstituted municipality to impose a special tax at different rates under section 487.1 or 487.2 of the Cities and Towns Act (chapter C‐19) or article 979.1 or 979.2 of the Municipal Code of Québec (chapter C‐27.1), and vice versa.

2004, c. 29, s. 95.

96. In the case of any rule prescribed in Division III.4 of Chapter XVIII of the Act under which the composition of a category of immovables and the manner of establishing or applying the rate specific to a category vary according to whether or not the business tax is imposed, according to whether or not a rate specific to another category has been set or according to the amount of revenues from another tax, the rule is applied by taking into account only the taxes imposed or the rates set by the same council.

For the purposes of the first paragraph, if the regular council of the central municipality exercises the power under section 244.49.1 of the Act, the hypothetical rates established under that section are considered to be rates set by the council.

2004, c. 29, s. 96.

97. For the purpose of establishing the maximum specific rate applicable as regards the rate specific to the category of industrial immovables or to the category of immovables consisting of six or more dwellings, or for the purpose of establishing the minimum specific rate applicable as regards the rate specific to the category of agricultural immovables, the rules prescribed in section 244.45.4, 244.48.1 and 244.49.0.4 of the Act that relate to the calculation of an adjusted coefficient apply only if the council setting the specific rate concerned is the council that exercised the power under section 253.27 of the Act.

2004, c. 29, s. 97; 2006, c. 31, s. 61.

98. A decision by the urban agglomeration council to impose the general property tax at a rate specific to the category of serviced vacant land does not allow the regular council of the central municipality or the council of a reconstituted municipality, as the case may be, to impose the tax on unserviced vacant land provided for in Division III.5 of Chapter XVIII of the Act, and vice versa.

2004, c. 29, s. 98.

99. The urban agglomeration council may exercise powers relating to incidental matters, such as the conditions of payment, interest and penalties, regarding the taxes or other methods of financing it imposes.

If it does not exercise those powers, the rules applicable to such matters for similar taxes or other methods of financing imposed by the regular council of the central municipality or the council of the reconstituted municipality, according to the identity of the debtor, apply regarding the taxes and methods of financing imposed by the urban agglomeration council.

2004, c. 29, s. 99.

99.1. A decision of the urban agglomeration council relating to the financing of an expenditure out of the urban agglomeration surplus must be made by a by-law subject to the right of objection under section 115.

The adoption of the by-law need not be preceded by a notice of motion.

For the purposes of the first paragraph, “urban agglomeration surplus” means

(1)  a surplus of the city that, at the time of the reorganization, remained with the central municipality;

(2)  a surplus of the central municipality resulting from the fact that urban agglomeration revenues exceed urban agglomeration expenditures.

2006, c. 60, s. 68.

§ 4 . — Aggregate tax data

100. An urban agglomeration aggregate taxation rate is established for the central municipality, in particular for the purpose of calculating

(1)  the maximum rate of the business tax imposed by the urban agglomeration council;

(2)  the maximum rate specific to the category of non-residential immovables or the category of industrial immovables that may be set by the urban agglomeration council within the framework of the various general property tax rates scheme; and

(3)  the part of the sum that the Government must pay under the first paragraph of section 254 of the Act, regarding an immovable referred to in any of the last three paragraphs of section 255 of the Act, and that stands in lieu of taxes, compensations and modes of tariffing imposed by the urban agglomeration council.

2004, c. 29, s. 100.

101. Among the revenues that must normally be taken into consideration in establishing the aggregate taxation rate, only the revenues from taxes, compensations and modes of tariffing imposed by the urban agglomeration council are taken into consideration to establish the urban agglomeration aggregate taxation rate.

Those revenues are not taken into consideration in establishing the regular aggregate taxation rate of the central municipality.

2004, c. 29, s. 101.

102. The taxable values taken into consideration to establish the urban agglomeration aggregate taxation rate are the values that are entered on the urban agglomeration property roll.

If an urban agglomeration aggregate taxation rate must be established for a certain purpose and, according to the provisions governing the establishment of a regular aggregate taxation rate for that purpose, adjusted values must be taken into consideration, instead of the values entered on a roll, to take into account a municipality’s decision to exercise the power under section 253.27 of the Act, such adjusted values are not taken into consideration instead of those referred to in the first paragraph unless the urban agglomeration council has exercised the power under that section 253.27. The rules prescribed in the provisions referred to above concerning the establishment of any adjusted values must take into account the modifications provided for in section 106.

A decision of the urban agglomeration council to exercise the power under section 253.27 of the Act has no effect on the central municipality’s regular aggregate taxation rate.

2004, c. 29, s. 102; 2006, c. 31, s. 62.

103. An urban agglomeration taxable non-residential property assessment is established for the central municipality under Division IV of Chapter XVIII.1 of the Act, subject to the second paragraph, for the purpose of calculating the maximum rate specific to the category of non-residential immovables or the category of industrial immovables that the urban agglomeration council may set within the framework of the various general property tax rates scheme.

Section 102 applies, with the necessary modifications, for the purpose of establishing that urban agglomeration taxable non-residential property assessment.

2004, c. 29, s. 103; 2006, c. 31, s. 63.

104. The sum of the standardized property values of the related municipalities that are applicable for a fiscal year and are established in accordance with the regulation made under paragraph 7 of section 262 of the Act is the standardized property value of the urban agglomeration for that fiscal year.

2004, c. 29, s. 104.

104.1. For the purpose of determining the fiscal potential of a related municipality whose territory is included in that of a metropolitan community, the values attributable to the immovables forming an industrial park in the territory of the municipality are excluded from the values whose total is used in the multiplication under subparagraph 2 of the first paragraph of section 261.5 of the Act, taking into account the second paragraph of that section, if applicable.

However, the exclusion does not apply in the case of an industrial park that, on the date on which the data used to determine the fiscal potential are taken into consideration, is outside the exclusive jurisdiction of the central municipality as the result of a by-law adopted under section 36.

Unless the exclusion under the first paragraph does not apply to any of the related municipalities whose territory is included in the urban agglomeration concerned, a special fiscal potential is determined for the central municipality by multiplying by 0.48 the total of the values excluded under the first paragraph in respect of one or more or all of the related municipalities, as the case may be.

If the fiscal potential constitutes the criterion of apportionment for certain expenditures of the metropolitan community, if the central municipality must assume an aliquot share of the apportioned expenditures and if the municipality has a special fiscal potential under the third paragraph, the community must make a distinction between

(1)  the regular aliquot share calculated on the basis of the regular fiscal potential of the central municipality, determined according to section 261.5 of the Act, taking into account the exclusion under the first paragraph, if applicable; and

(2)  the special aliquot share calculated on the basis of the special fiscal potential of the central municipality.

The expenditures related to the payment of the special aliquot share constitute urban agglomeration expenditures that must be financed by urban agglomeration revenues.

2006, c. 31, s. 64.

§ 5 . — Measures to mitigate transfers and tax burden variations

105. The urban agglomeration council and the regular council of the central municipality or the council of a reconstituted municipality may exercise concurrently their power to apply any of the measures provided for in Divisions IV.3 to IV.5 of Chapter XVIII of the Act.

A decision by either of those councils to apply such a measure has no effect on the power of the other to apply the same or any other measure. Any prohibition for a municipality to apply two or more measures limits only the powers of the council that ordered the application of any such measure.

2004, c. 29, s. 105.

106. If the urban agglomeration council exercises the power under section 253.27 of the Act as regards the averaging of the variation in the taxable values resulting from the coming into force of the roll, Division IV.3 of Chapter XVIII of the Act applies with the necessary modifications and, in particular, the following modifications:

(1)  the property assessment roll and roll of rental values referred to are the urban agglomeration property roll and the urban agglomeration rental roll;

(2)  (paragraph repealed).

2004, c. 29, s. 106; 2006, c. 31, s. 65.

107. If the urban agglomeration council exercises the power under section 253.36 or 253.51 of the Act as regards the abatement or surcharge applicable to certain property taxes, Division IV.4 of Chapter XVIII of the Act applies with the necessary modifications and, in particular, the following modifications:

(1)  the property assessment roll referred to is the urban agglomeration property roll;

(2)  (subparagraph repealed);

(3)  the property taxes concerned are solely the property taxes imposed by the urban agglomeration council; and

(4)  the expenditures provided for in a budget that are concerned are solely urban agglomeration expenditures.

Consequently, if the regular council of the central municipality exercises such a power, the property taxes concerned are solely those imposed by that council and the expenditures concerned are solely those that are not urban agglomeration expenditures.

2004, c. 29, s. 107; 2006, c. 31, s. 66.

108. If the urban agglomeration council exercises the power under section 253.54 of the Act as regards the transitional diversification of the rates of certain property taxes, Division IV.5 of Chapter XVIII of the Act applies with the necessary modifications and, in particular, the following modifications:

(1)  the property assessment roll concerned is the urban agglomeration property roll;

(2)  (subparagraph repealed);

(3)  the property taxes concerned are solely the property taxes imposed by the urban agglomeration council; and

(4)  the rules prescribed in section 253.54.1 of the Act apply only if the urban agglomeration council exercises the power under section 244.29 of the Act and only the specific rates of the general property tax that are set by that council are taken into consideration.

Consequently, if the regular council of the central municipality exercises the power under section 253.54 of the Act, the property taxes concerned are solely those imposed by that council and the rules prescribed in section 253.54.1 of the Act apply only if that council exercises the power under section 244.29 of the Act, in which case only the specific rates of the general property tax set by that council are taken into consideration.

The rules prescribed in sections 96 and 100 to 103 apply for the purpose of adapting the provisions to which section 253.59 of the Act refers.

2004, c. 29, s. 108; 2006, c. 31, s. 67.

109. Any transitional scheme to limit variations in the tax burden provided for in an Act or statutory instrument governing the central municipality remains applicable to it, with the necessary modifications and, in particular, the modifications set out in the second paragraph, and is not applicable to a reconstituted municipality.

For the purpose of applying the scheme to the central municipality,

(1)  a sector corresponds to the territory of any former municipality other than the former municipality whose territory corresponds to the territory of a reconstituted municipality;

(2)  among the revenues included in or excluded from the tax burden according to the applicable provisions, the revenues resulting from decisions made by the urban agglomeration council are also taken into consideration;

(3)  the increase in the tax burden attributable to a reduction in the territory of the central municipality that is inherent in the city’s reorganization is deemed not to result from the constitution of the city; and

(4)  the regular council, to the exclusion of the urban agglomeration council, takes the measures provided for in the applicable provisions to limit the variation in the tax burden, whether by setting separate rates for the general property tax or the business tax according to sectors or by granting an abatement or requiring a supplement regarding such a tax.

Consequently, only the regular council may exercise a power under section 232.3 or 244.49.1 of the Act.

2004, c. 29, s. 109.

110. The rules applicable to the city before the reorganization that, while not constituting the transitional scheme to limit variations in the tax burden, ensure the transition towards standardized taxation throughout the territory of the city and provide that, during the transition period, the terms of various methods of financing, in particular the rate of the general property tax, are to vary according to the territories of the former municipalities cease to apply with respect to taxes and other methods of financing imposed by the urban agglomeration council.

Those rules continue to apply only in the territory of the central municipality and with respect to the taxes and other methods of financing imposed by the regular council of the central municipality.

2004, c. 29, s. 110.

DIVISION IV OTHER FINANCIAL PROVISIONS

111. An auditor of the central municipality audits both the aspects of the administration of the central municipality that concern urban agglomeration powers and the other aspects.

2004, c. 29, s. 111.

112. If, pursuant to section 52, an urban agglomeration power is not conferred on the central municipality and the municipal body referred to in that section exercises that power in the whole urban agglomeration and solely in that urban agglomeration, any municipal contribution to the financing of the body’s expenditures that are related to the exercise of that power must be made by the central municipality.

The contribution is an urban agglomeration expenditure that must be financed by urban agglomeration revenues.

However, the urban agglomeration expenditure that is the contribution of Ville de Longueuil to the financing of the expenditures of the Société de transport de Longueuil may be financed by the aliquot shares paid by the related municipalities of the urban agglomeration. To that end, the urban agglomeration council apportions the urban agglomeration expenditure among the related municipalities by a by-law subject to the right of objection under section 115. The second paragraph of section 205 and section 205.1 of the Act respecting land use planning and development (chapter A-19.1) apply, with the necessary modifications, to determine the particulars to be included in the by-law and, if necessary, an alternate apportionment criterion. Section 488 of the Cities and Towns Act (chapter C-19) applies to every related municipality as if the aliquot share was an amount payable directly to the transit authority.

2004, c. 29, s. 112; 2006, c. 60, s. 69.

113. (Repealed).

2004, c. 29, s. 113; 2006, c. 60, s. 70.

114. The sum that a related municipality must receive under a program referred to in the second paragraph must be treated in two parts so that the distribution between the part paid to the central municipality for urban agglomeration purposes and the part paid to that municipality for other purposes or paid to the reconstituted municipality, as the case may be, corresponds to the distribution of the total amount of property taxes that would have been imposed on the immovables referred to in that paragraph, if those immovables were entered on the property assessment roll, made to take into account the taxes imposed by either the urban agglomeration council or by the regular council of the central municipality or the council of the reconstituted municipality.

The first paragraph applies to any program established by the Government, a minister or a government body to compensate municipalities for all or part of the reduction in their property tax base resulting from the non-entry on the property assessment roll of certain immovables designed to abate, control or monitor pollution.

The values used to calculate the sum payable under the program referred to in the second paragraph are used to estimate the amount of property taxes that would be imposed on those immovables on the basis of their taxable value.

2004, c. 29, s. 114.

CHAPTER III MISCELLANEOUS PROVISIONS

DIVISION I RIGHT OF OBJECTION TO CERTAIN BY-LAWS

115. As soon as practicable after the adoption of a by-law under section 22, 27, 30, 34, 36, 38, 39, 41, 47, 55, 56, 69, 78, 85, 99.1 or 112, an authenticated copy of the by-law is sent to the Commission municipale du Québec.

A related municipality may inform the Commission of its objection to the by-law within 30 days after its adoption. An authenticated copy of the resolution setting out the objection is sent simultaneously to the Commission and every other related municipality within the same 30-day period.

Subject to section 115.1, once the 30-day period has expired, if no objection has been filed with the Commission, the by-law may be published to meet the publication requirement for its coming into force. If an objection has been filed, the by-law must be approved by the Commission.

A refusal to grant approval must include reasons and be communicated by means of a written notice. The notice may state how the by-law should have been drafted in order to be approved.

If, within 60 days after receiving the notice, the urban agglomeration council adopts a by-law amending the by-law for which approval was refused in order to render it compliant, the amending by-law need not be preceded by a notice of motion, and paragraphs 1 and 2 of section 61, section 62 and the right of objection under this section do not apply to it.

2004, c. 29, s. 115; 2005, c. 50, s. 57; 2006, c. 31, s. 68; 2006, c. 60, s. 71.

115.1. A by-law may be published to meet the publication requirement for its coming into force before the period prescribed in the second paragraph of section 115 expires or before the approval required under the third paragraph of that section is granted if the by-law

(1)  is made to collect the revenue provided for in the part of the budget of the central municipality that is within the jurisdiction of the urban agglomeration council;

(2)  is required under section 69 or 112; or

(3)  orders a loan for the purpose of financing a capital expenditure, or is required under section 99.1.

If approval is refused after the by-law comes into force, the notice under the fourth paragraph of section 115 may provide for the management of the resolutory effects of the refusal; that management may vary according to whether or not the urban agglomeration council exercises the power granted under the fifth paragraph of that section.

The possibility for a central municipality to refund any overpayment of taxes by granting a tax credit applicable during the following fiscal year is one way of managing the resolutory effects.

2006, c. 31, s. 69; 2006, c. 60, s. 72.

116. A by-law provided for in section 36 may be published or approved, as the case may be, only once a resolution expressing the agreement of the municipality concerned has been adopted by the council that would have the authority to make decisions concerning the management of the industrial park referred to in the by-law should the by-law come into force.

In the case of a by-law under section 39 intended to remove an element from the list of equipment, infrastructures and activities of collective interest, the by-law may be published or approved, as the case may be, only once a resolution expressing the agreement of the municipality concerned has been adopted by the council that would have the authority to make decisions concerning a subject referred to in section 41 in relation to that element should the by-law come into force.

2004, c. 29, s. 116; 2005, c. 50, s. 58.

116.1. A related municipality may waive its right of objection to a by-law it specifies.

An authenticated copy of the resolution by which the municipality waives its right is sent to the Commission and to each other related municipality simultaneously.

The by-law may be published to meet the publication requirement for its coming into force, before the period specified in the second paragraph of section 115 has expired, if all the related municipalities have waived their right of objection to the by-law.

2005, c. 50, s. 59; 2006, c. 31, s. 70; 2006, c. 60, s. 73.

DIVISION II MIXED DOCUMENTS

117. Documents of the central municipality that contain both elements requiring a decision by a deliberative body exercising an urban agglomeration power and elements requiring a decision by a deliberative body exercising another power, particularly the budget and the program of capital expenditures, must be divided accordingly.

2004, c. 29, s. 117.

117.1. The director general and the treasurer of the central municipality must take the necessary steps to meet with the mayor or director general and the treasurer of any reconstituted municipality to inform them of the content of the parts of the budget and of the capital expenditure program relating to urban agglomeration powers.

The meeting must be held at least 24 hours before the meeting during which the documents referred to in the first paragraph must be submitted to the urban agglomeration council for adoption.

If the urban agglomeration includes the territory of several reconstituted municipalities, the director general and the treasurer may decide to meet with the mayors or directors general and the treasurers of two or more of them at the same time.

2006, c. 60, s. 74.

118. Documents of the central municipality that contain both elements setting out administrative acts performed in the exercise of an urban agglomeration power or the results of such acts and elements setting out administrative acts performed in the exercise of another power or the results of such acts, particularly the financial report, must be divided accordingly.

2004, c. 29, s. 118.

118.1. As soon as the part of the budget of the central municipality that falls within the jurisdiction of the regular council is adopted, the regular council may adopt a by-law for the collection of the revenues provided for in that part even if the budget of the municipality has not been adopted because the urban agglomeration council has not adopted the part that falls within its own jurisdiction.

The regular council does not take the measures referred to in subparagraph 4 of the second paragraph of section 109 when or after the by-law under the first paragraph is adopted. However, it must take those measures as soon as possible after the urban agglomeration council adopts the part of the budget that falls within its jurisdiction and, if necessary for the purposes of those measures or after those measures are taken, it must amend the by-law made under the first paragraph.

When the taxes and other revenues deriving from the part of the budget of the central municipality adopted by the urban agglomeration council are collected, the central municipality must inform each ratepayer of the final amounts owed following the adjustment under the second paragraph and make the required compensations out of the amounts collected.

2006, c. 31, s. 71.

TITLE V ORDERS

CHAPTER I GENERAL PROVISIONS

119. The provisions of any order under this Title may, for transition purposes, create a rule of municipal law or derogate from any provision of an Act under the administration of the Minister, a special Act governing a municipality or an instrument under such an Act.

However, a rule created or derogation made by a provision under section 126 is not limited to a transitional duration.

2004, c. 29, s. 119.

120. The provisions of an order under this Title come into force on the date of the publication of the order in the Gazette officielle du Québec or on any later date indicated in the order.

2004, c. 29, s. 120.

121. Except for the correction of an error in writing or of an obvious omission, an order under this Title may not be amended after the first anniversary of the polling date fixed for the general election held under section 48 of the Act respecting the consultation of citizens with respect to the territorial reorganization of certain municipalities (2003, chapter 14) in anticipation of the reorganization of the city concerned.

2004, c. 29, s. 121.

122. In addition to the orders provided for in Chapters II to IV, the Government may make any order, in keeping with the objects of this Act, to further clarify the scope of a provision of this Act or to correct any omission.

2004, c. 29, s. 122.

CHAPTER II RECONSTITUTION ORDER

123. The Government may, by order, reconstitute as a local municipality the inhabitants and ratepayers of any sector referred to in section 5 of the Act respecting the consultation of citizens with respect to the territorial reorganization of certain municipalities (2003, chapter 14) where the answer given to the referendum question is deemed to be affirmative within the meaning of section 43 of that Act.

2004, c. 29, s. 123.

124. A reconstitution order must contain the following particulars:

(1)  the name of the municipality;

(2)  a description of the territory of the municipality prepared by the Minister of Natural Resources and Wildlife;

(3)  an indication whether the municipality is governed by the Cities and Towns Act (chapter C‐19) or by the Municipal Code of Québec (chapter C‐27.1);

(4)  the particular legislative provisions that apply to the municipality, among those that applied specifically to the former municipality whose territory corresponds to the territory of the municipality and that were declared applicable to the city by the city’s constituting act or by an order;

(5)  the place for the first meeting of the council of the municipality;

(6)  (subparagraph repealed);

(7)  if the territory of the city is included in the territory of a regional county municipality, the name of the latter; and

(8)  if section 163 applies to the municipality, the fact that it is deemed to have obtained a recognition under the second paragraph of section 29.1 of the Charter of the French language (chapter C‐11).

Section 110.1 of the Act respecting municipal territorial organization (chapter O‐9) applies, with the necessary modifications, to the first meeting of the council of the municipality.

2004, c. 29, s. 124; 2005, c. 28, s. 159; 2006, c. 3, s. 35.

125. (Repealed).

2004, c. 29, s. 125; 2005, c. 28, s. 160.

126. The third paragraph of section 108 of the Act respecting municipal territorial organization (chapter O‐9) applies, with the necessary modifications, to a reconstitution order.

2004, c. 29, s. 126.

127. A reconstitution order may prescribe any rule under which the municipality succeeds to the rights and obligations of the city, and any rule relating to the maintenance in force, in the territory of the municipality, of the by-laws, resolutions or other instruments of the city.

2004, c. 29, s. 127.

128. A reconstitution order may prescribe any time limit for the municipality to replace a time limit under the Pay Equity Act (chapter E‐12.001) and under sections 176.28 and 176.29 of the Act respecting municipal territorial organization (chapter O‐9).

The reconstitution order may set out the rules incidental to the replacement of the time limit.

Despite any change to the applicable time limits, the adjustments in compensation for predominantly female job classes remain retroactive to 21 November 2001 and may, for the purpose of calculating the amount of adjustments to be paid, be spread, having regard to section 70 of the Pay Equity Act, over a period between 21 November 2001 and 21 November 2005.

For the purposes of section 74 of that Act, adjustments in compensation for predominantly female job classes and the terms of payment of the adjustments are considered to form part of the collective agreement applicable to employees holding positions in those job classes on or after 21 November 2001.

2004, c. 29, s. 128.

CHAPTER III AMENDING ORDER

129. The Government may, by order, amend the charter of a central municipality.

For the purposes of this chapter, “charter” means the Act or order under which the central municipality was constituted, including any amendment made by an Act or order.

Any amendment to a legislative element of the charter by an order has the same effect as if it were made by an Act.

2004, c. 29, s. 129.

130. An amending order must describe the territory of the central municipality, taking into account the exclusion of the territory of any reconstituted municipality.

An amending order may describe any borough included in the new territory.

If warranted by the new territorial division into boroughs, an amending order must change, for some or all of the boroughs, the name or number by which a borough is designated, the number of members on the borough council or the number of councillors from the borough on the regular council of the central municipality.

A description under the first or second paragraph is prepared by the Minister of Natural Resources and Wildlife.

2004, c. 29, s. 130; 2006, c. 3, s. 35.

131. In the case of Ville de Sainte-Marguerite-Estérel, an amending order may change the name of the central municipality.

2004, c. 29, s. 131.

132. An amending order must remove from the charter any provision pertaining specifically and exclusively to the territory corresponding to the territory of a reconstituted municipality.

The first paragraph does not apply if the provision concerns an urban agglomeration power and the essence of the provision is not taken up in the order made under section 135.

2004, c. 29, s. 132.

133. An amending order may prescribe any time limit for the central municipality to replace a time limit under the Pay Equity Act (chapter E‐12.001) and under sections 176.28 and 176.29 of the Act respecting municipal territorial organization (chapter O‐9).

The amending order may set out the rules incidental to the replacement of the time limit.

Despite any change to the applicable time limits, the adjustments in compensation for predominantly female job classes remain retroactive to 21 November 2001 and may, for the purpose of calculating the amount of adjustments to be paid, be spread, having regard to section 70 of the Pay Equity Act, over a period between 21 November 2001 and 21 November 2005.

For the purposes of section 74 of that Act, adjustments in compensation for predominantly female job classes and the terms of payment of the adjustments are considered to form part of the collective agreement applicable to employees holding positions in those job classes on or after 21 November 2001.

2004, c. 29, s. 133.

134. An amending order may formalize an implicit amendment made to the charter by a provision of this Act.

2004, c. 29, s. 134.

CHAPTER IV URBAN AGGLOMERATION ORDER

2007, c. 10, s. 20.

135. The Government may make an order designated as an “urban agglomeration order” for each urban agglomeration.

2004, c. 29, s. 135.

136. An urban agglomeration order must prescribe rules on the following matters as regards the urban agglomeration council:

(1)  the nature of the council, according to whether or not it is separate from the ordinary council of the central municipality;

(2)  the number of council members;

(3)  the special positions on the council, such as the positions of chair and vice-chair;

(4)  the manner of determining the holders of the positions of council member and the holders of the positions under paragraph 3;

(5)  the particular functions of the holder of a position under paragraph 3;

(6)  the cases where the holder of a position on the council may be provisionally replaced and the manner of determining the replacement;

(7)  the assignment of votes to each council member;

(8)  the manner in which the council makes decisions; and

(9)  the operation of the council.

An urban agglomeration order may prescribe rules on any other matter, as appropriate, to take into account the existence of the urban agglomeration council.

2004, c. 29, s. 136.

137. If the central municipality has an executive committee, an urban agglomeration order may

(1)  prescribe that certain functions specified in the order, among those assigned to the committee by any Act or statutory instrument, are not exercised by the committee if they are included in an urban agglomeration power; and

(2)  prescribe the manner in which functions under paragraph 1 are exercised by the urban agglomeration council.

2004, c. 29, s. 137.

138. An urban agglomeration order may prescribe the manner in which the power of an urban agglomeration council to establish urban agglomeration commissions is exercised.

In such a case, it prescribes pertinent rules on any of the matters in section 136 as regards such a commission. That section applies, with the necessary modifications, for that purpose.

2004, c. 29, s. 138.

139. An urban agglomeration order must prescribe rules relating to the conditions of employment of the members of the council of any related municipality, pertaining in particular to

(1)  remuneration and compensation, including the application of the minimum and maximum set out in the Act respecting the remuneration of elected municipal officers (chapter T‐11.001);

(2)  the reimbursement of expenses;

(3)  compensation for loss of income and severance and transition allowances; and

(4)  the pension plan.

An urban agglomeration order must also prescribe rules for determining, among the expenses related to the conditions of employment of the members of deliberative bodies authorized to exercise urban agglomeration powers, those which are urban agglomeration expenses and those which are mixed expenses.

2004, c. 29, s. 139.

140. An urban agglomeration order may take up any provision removed from the charter of the central municipality under section 132 that concerns an urban agglomeration power, adapting it where necessary.

2004, c. 29, s. 140.

141. An urban agglomeration order must prescribe rules for establishing which figures replace the figures 0.006 and 0.01 appearing in the first and second paragraphs of section 205.1 of the Act respecting municipal taxation (chapter F‐2.1), for the purposes of the exercise by the urban agglomeration council and by the regular council of the municipality or the council of a reconstituted municipality of the power provided for in section 205 of that Act under which the owner of a non-taxable immovable may be required to pay compensation for municipal services.

The order must also prescribe rules for establishing the amounts that replace the amount of $10 appearing in the first paragraph of section 231 of that Act, for the purposes of the exercise by those councils of the power provided for in that section under which the owner or occupant of a trailer may be required to pay tax in the form of the cost of a permit.

2004, c. 29, s. 141.

142. An urban agglomeration order may identify the thoroughfares forming the arterial road system of the urban agglomeration.

To that end, it may either list the names and numbers of the thoroughfares or identify them on a map, plan or other illustration, or refer to a document containing such a list or identification.

2004, c. 29, s. 142; 2005, c. 28, s. 161.

143. In the case of the urban agglomeration of Montréal, the urban agglomeration of Québec or the urban agglomeration of Longueuil, the urban agglomeration order may either contain a map, plan or other illustration identifying the water or sewer mains situated in the urban agglomeration that are not purely local within the meaning of section 25, or refer to a document containing such an illustration.

2004, c. 29, s. 143.

144. An urban agglomeration order may contain a list of the equipment, infrastructures and activities of collective interest that meet the conditions set out in section 40, or refer to a document containing such a list.

An urban agglomeration order must prescribe rules relating to the subjects referred to in section 41 for each element on the list.

Every rule applicable under the second paragraph is deemed to have been prescribed by the urban agglomeration council and applies until replaced by the council.

2004, c. 29, s. 144.

145. An urban agglomeration order must contain a list of the property, debts, claims, deficits, surpluses and all other assets and liabilities of the city that are transferred to each reconstituted municipality, or refer to a document containing such a list.

An urban agglomeration order may assign any power or obligation to a related municipality as regards an asset or liability that remains with the central municipality or is transferred to a reconstituted municipality.

If it assigns such a power or obligation to the central municipality and an act of the council or executive committee is required for the exercise of the power or the performance of the obligation, the order must specify whether or not the act is under the authority of the deliberative body authorized to exercise urban agglomeration powers.

2004, c. 29, s. 145; 2005, c. 28, s. 162.

146. An urban agglomeration order may prescribe any rule for distinguishing, among the assets or liabilities that remain with the central municipality, those that are related to the exercise of an urban agglomeration power from those that are not.

2004, c. 29, s. 146.

147. An urban agglomeration order may prescribe rules to ensure, for the transitional period specified, the continuity of a pension plan for officers or employees that is not terminated immediately before the reorganization of the city.

The order may, in particular,

(1)  designate any related municipality that is a party to the plan;

(2)  prescribe the particular obligations of any related municipality as regards the administration and financing of the plan, the management of the pension fund and the distribution or transfer of the plan’s assets and liabilities; and

(3)  prescribe the conditions on which an officer or employee of a related municipality may exercise the right to maintain participation in the plan in which the officer or employee participates before the reorganization of the city, and the period for which that right may be exercised.

The rules prescribed by the order apply despite the Supplemental Pension Plans Act (chapter R‐15.1).

2004, c. 29, s. 147.

147.1. For the sole purpose of facilitating decision making and the implementation of decisions in anticipation of the reorganization of the city, an urban agglomeration order may

(1)  prescribe that paragraphs 1 and 2 of section 61 and section 62 do not apply as regards matters it specifies;

(2)  reduce the period prescribed in the second paragraph of section 115 or prescribe any case in which the by-law referred to in the third paragraph of that section may be published before the prescribed period has expired or before the approval required under that paragraph is given;

(3)  prescribe the rules for managing the resolutory effects of a refusal if publication of the by-law referred to in the third paragraph of section 115 was permitted before the approval required under that paragraph was granted or refused; and

(4)  eliminate or amend any element of the process leading to the adoption or coming into force of a by-law of a related municipality, in particular, the requirement to give a notice of motion.

2005, c. 28, s. 163.

147.2. To facilitate the transition, an urban agglomeration order may prescribe that, as regards any subject and for the period it specifies, the situation existing immediately before the reorganization of the city is to be maintained after that reorganization, despite the sharing of powers provided for in this Act.

2005, c. 28, s. 163.

147.3. For the purposes of any of the provisions mentioned in the second paragraph, an urban agglomeration order may prescribe a rule under which a document is considered to be the budget of a reconstituted municipality or one of the parts of the budget of the central municipality referred to in section 117 for the fiscal year preceding the fiscal year that begins when the city is reorganized.

Under the first paragraph, the order may prescribe a rule for the application of the following provisions: the fifth paragraph of subsection 3 of section 474 of the Cities and Towns Act (chapter C-19), the fifth paragraph of subsection 3 of article 954 of the Municipal Code of Québec (chapter C-27.1), section 148.1 of the Charter of Ville de Montréal (chapter C-11.4) and section 128.1 of the Charter of Ville de Québec (chapter C-11.5).

2005, c. 28, s. 163.

TITLE VI LEGISLATIVE AMENDMENTS

CHARTER OF VILLE DE LONGUEUIL

148. (Amendment integrated into c. C-11.3, s. 54.14).

2004, c. 29, s. 148.

CHARTER OF VILLE DE MONTRÉAL

149. (Amendment integrated into c. C-11.4, s. 71).

2004, c. 29, s. 149.

150. (Amendment integrated into c. C-11.4, Schedule C, s. 102).

2004, c. 29, s. 150.

151. (Amendment integrated into c. C-11.4, Schedule C, s. 102.1).

2004, c. 29, s. 151.

CHARTER OF VILLE DE QUÉBEC

152. (Amendment integrated into c. C-11.5, s. 68).

2004, c. 29, s. 152.

ACT RESPECTING THE PENSION PLAN OF ELECTED MUNICIPAL OFFICERS

153. (Amendment integrated into c. R-9.3, heading of Chapter VIII).

2004, c. 29, s. 153.

154. (Amendment integrated into c. R-9.3, s. 67.3).

2004, c. 29, s. 154.

155. (Omitted).

2004, c. 29, s. 155.

156. (Omitted).

2004, c. 29, s. 156.

157. (Omitted).

2004, c. 29, s. 157.

158. (Omitted).

2004, c. 29, s. 158.

159. (Omitted).

2004, c. 29, s. 159.

160. (Omitted).

2004, c. 29, s. 160.

161. (Omitted).

2004, c. 29, s. 161.

162. (Omitted).

2004, c. 29, s. 162.

TITLE VII MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS

CHAPTER I MISCELLANEOUS PROVISIONS

163. Any reconstituted municipality whose territory corresponds to the territory of a former municipality that, immediately before the constitution of the city, was recognized under the second paragraph of section 29.1 of the Charter of the French language (chapter C‐11), is deemed to have obtained such a recognition.

2004, c. 29, s. 163.

164. If the charter of a central municipality within the meaning of section 129 confers on the council of that municipality the obligation or power to adopt a land development plan for the municipality, the plan may not contain any element over which the urban agglomeration has jurisdiction.

The obligation is performed or the power exercised by the regular council of the municipality.

2004, c. 29, s. 164.

165. The jurisdiction of the Communauté métropolitaine de Montréal over air purification or the regulation of discharges into a water purification works or watercourse is considered to be an urban agglomeration power to the extent that all or part of that jurisdiction is delegated to Ville de Montréal.

2004, c. 29, s. 165; 2005, c. 28, s. 164.

165.1. Only the central municipality, to the exclusion of the other related municipalities, may enter into an agreement with the Minister of Agriculture, Fisheries and Food respecting food inspection under section 29.2 of the Cities and Towns Act (chapter C-19) or article 10.9 of the Municipal Code of Québec (chapter C-27.1).

The power to enter into and implement the agreement is an urban agglomeration power.

The same is true for the jurisdiction to exercise a power or carry out an obligation deriving from participation in an agreement, in particular, the power provided for in section 29.2.1 of the Cities and Towns Act or article 10.10 of the Municipal Code of Québec. For the purposes of this section, the urban agglomeration is considered to be the territory of the central municipality that is a party to the agreement.

2005, c. 28, s. 165.

CHAPTER II TRANSITIONAL FINANCIAL PROVISIONS

166. For the purposes of this chapter, “Act” means the Act respecting municipal taxation (chapter F‐2.1).

2004, c. 29, s. 166.

167. The three fiscal years for which the first assessment roll is drawn up specifically for any related municipality are

(1)  in the case of the urban agglomerations of Longueuil, La Tuque and Sainte-Marguerite-Estérel, the fiscal years 2006, 2007 and 2008;

(2)  in the case of the urban agglomerations of Montréal, Québec, Mont-Laurier and Sainte-Agathe-des-Monts, the fiscal years 2007, 2008 and 2009; and

(3)  in the case of the urban agglomerations of Îles-de-la-Madeleine, Mont-Tremblant, Cookshire-Eaton and Rivière-Rouge, the fiscal years 2008, 2009 and 2010.

2004, c. 29, s. 167; 2005, c. 28, s. 166.

168. In the case of any related municipality of an urban agglomeration referred to in paragraph 2 or 3 of section 167, the part of the city’s assessment roll that includes the immovables or business establishments situated in the territory of the related municipality, updated in accordance with the Act, is the roll applicable for a fiscal year preceding those for which the first fiscal roll of that municipality must be drawn up under that subparagraph.

In the case of a related municipality of an urban agglomeration referred to in paragraph 2 of section 167, that roll is deemed to be in its third year of application in 2006. In the case of a related municipality of an urban agglomeration referred to in paragraph 3 of that section, that roll is deemed to be in its second and third years of application, respectively, in 2006 and 2007.

2004, c. 29, s. 168; 2005, c. 28, s. 167.

169. The city’s property assessment roll or roll of rental values updated in accordance with the Act is the urban agglomeration property roll or the urban agglomeration rental roll for any preceding fiscal year referred to in section 168.

2004, c. 29, s. 169.

170. The assessor must produce a separate summary for each part of the city’s property assessment roll that is the property assessment roll of a related municipality. The summary is considered to be the summary of a roll.

In addition to those separate summaries, the assessor may continue to produce an aggregate summary for the city’s property assessment roll. The aggregate summary or all the separate summaries, at the assessor’s option, is or are considered to be the urban agglomeration property assessment roll.

2004, c. 29, s. 170.

171. If the urban agglomeration council, the regular council of the central municipality or the council of a reconstituted municipality takes advantage of the various general property tax rates scheme for a fiscal year referred to in the second paragraph, the coefficient calculated under the third or fourth paragraph is used for the purpose of establishing the maximum specific rate applicable in respect of the rate specific to the category of industrial immovables or to the category of immovables consisting of six or more dwellings.

The fiscal years concerned are

(1)  in the case of an urban agglomeration referred to in paragraph 1 of section 167, a fiscal year for which the property assessment roll coming into force on 1 January 2006 applies; and

(2)  in the case of an urban agglomeration referred to in paragraph 2 or 3 of section 167, a fiscal year preceding the fiscal year in which the first property assessment roll drawn up specifically for each related municipality comes into force.

In the case of the tax imposed by the urban agglomeration council, the coefficient is calculated by applying sections 244.44 to 244.45.4 or 244.47 to 244.48.1 of the Act, as the case may be, with the following modifications:

(1)  the rolls compared are the city’s property assessment roll applicable for the fiscal year 2005, and

(a)  in the case of an urban agglomeration referred to in paragraph 1 of section 167, the first property assessment roll referred to in section 82; and

(b)  in the case of an urban agglomeration referred to in paragraph 2 or 3 of section 167, the urban agglomeration property roll referred to in section 169;

(2)  the coefficient applicable for the fiscal year 2005 is the coefficient determined on the basis of the city’s decision as to the establishment of a rate specific to the category concerned for that fiscal year, according to the following rules if the city did not act in a uniform manner for its whole territory:

(a)  if it set a single rate specific to the category concerned for part of its territory, that rate is taken into consideration as if it had been set for the whole territory; and

(b)  if it set two or more rates specific to the category concerned for different parts of its territory, the highest rate is taken into consideration as if it had been set for the whole territory.

In the case of the tax imposed by the regular council of the central municipality or the council of a reconstituted municipality, the coefficient is calculated by applying sections 244.44 to 244.45.4 or 244.47 to 244.48.1 of the Act, as the case may be, with the following modifications:

(1)  the rolls compared are the part of the city’s property assessment roll applicable for the fiscal year 2005 that includes the immovables situated in the territory of the municipality, and

(a)  in the case of an urban agglomeration referred to in paragraph 1 of section 167, the first property assessment roll drawn up specifically for the municipality; and

(b)  in the case of an urban agglomeration referred to in paragraph 2 or 3 of section 167, the municipality’s property assessment roll referred to in section 168;

(2)  the coefficient applicable for the fiscal year 2005 is the coefficient determined on the basis of the city’s decision as to the establishment of a rate specific to the category concerned for that fiscal year, according to the following rules if the city did not act in a uniform manner for the whole territory that has become the territory of the central municipality:

(a)  if it set a single rate specific to the category concerned for a part of the territory that has become the territory of the central municipality, that rate is taken into consideration as if it had been set for the whole territory; and

(b)  if it set two or more rates specific to the category concerned for different parts of the territory that has become the territory of the central municipality, the highest rate is taken into consideration as if it had been set for the whole territory; and

(3)  in the case of the maximum specific rate applicable in respect of the rate specific to the category of industrial immovables, the only alterations to the city’s roll that are taken into account, among those referred to in sections 244.45.1 to 244.45.3 of the Act, are the alterations that concern immovables situated in the territory of the municipality.

2004, c. 29, s. 171; 2005, c. 28, s. 168.

172. In the case of any related municipality of an urban agglomeration referred to in paragraph 1 of section 167 that applies the measure for averaging the variation in the taxable values resulting from the coming into force of the roll as regards its roll coming into force on 1 January 2006, the preceding roll referred to in sections 253.28 to 253.31 of the Act is the part of the city’s assessment roll, applicable in 2005, that includes the immovables or business establishments situated in the territory of the related municipality.

2004, c. 29, s. 172; 2005, c. 28, s. 169.

173. In the case of an urban agglomeration referred to in paragraph 1 of section 167, neither the urban agglomeration council nor the regular council of the central municipality or the council of a reconstituted municipality may exercise the powers under Division IV.4 of Chapter XVIII of the Act concerning the abatement or surcharge applicable to certain property taxes, for any of the fiscal years for which the first property assessment roll drawn up specifically for each related municipality applies.

2004, c. 29, s. 173; 2005, c. 28, s. 170.

174. In the case of any related municipality referred to in paragraph 1 of section 167 that applies the measure concerning the transitional diversification of the rates of certain property taxes for the fiscal year 2006 or the fiscal year 2007, the preceding roll referred to in sections 253.56 to 253.58 of the Act is the part of the city’s assessment roll, applicable in 2005, that includes the immovables situated in the territory of the related municipality.

2004, c. 29, s. 174; 2005, c. 28, s. 171.

175. Despite section 110, in the case of the urban agglomeration of Montréal, Québec or Longueuil, the urban agglomeration council may continue to apply the rules referred to in that section for either the fiscal year 2006 or the fiscal year 2007 as regards the taxes and other methods of financing that it imposes to finance the expenditures related to the exercise of one of the urban agglomeration powers over water supply, water purification, and residual materials disposal and reclamation.

2004, c. 29, s. 175; 2005, c. 50, s. 60.

176. For the purpose of determining whether a related municipality is eligible, for the fiscal year 2006, under the equalization scheme established by the regulation made under paragraph 7 of section 262 of the Act and for the purpose of determining, where applicable, the sum payable to that municipality under that scheme for that fiscal year,

(1)  the competent assessor for the city’s property assessment roll applicable for the fiscal year 2005

(a)  fills out the form which, under the regulation made under paragraph 1 of section 263 of the Act, must be completed using information included in the summary of the roll, as if the part of the city’s property assessment roll including the immovables situated in the territory becoming the territory of the related municipality were the roll of the related municipality and as if a summary of that roll had been produced during the last quarter of 2004 to reflect the state of that roll on the applicable date, according to the regulation, for the purpose of the fiscal year 2005; and

(b)  sends the Minister the form referred to in subparagraph a, duly completed, before 1 May 2006;

(2)  the standardized property value per inhabitant of the related municipality for the fiscal year 2005, except for the purpose of establishing the median of such values, is established on the basis of

(a)  the part of the city’s standardized property value for the fiscal year 2005 that is attributable to the territory becoming the territory of the related municipality, according to the form referred to in subparagraph a of paragraph 1; and

(b)  the part of the city’s population as at 1 January 2005 that is attributable to the territory becoming the territory of the related municipality, as stated in an order of the Minister based on an estimate of the Institut de la statistique du Québec;

(3)  the average value of the dwellings situated in the territory of the related municipality for the fiscal year 2005, except for the purpose of establishing the median of such values, is established on the basis of

(a)  the number of dwellings situated in the territory becoming the territory of the related municipality and their taxable value, according to the form referred to in subparagraph a of paragraph 1, among the dwellings taken into consideration for the purpose of establishing the average value of the dwellings situated in the territory of the city for the fiscal year 2005; and

(b)  the comparative factor established for the city’s property assessment roll for the fiscal year 2005 under section 264 of the Act; and

(4)  for the purpose of establishing the median of the standardized property values per inhabitant and the median of the average values of the dwellings for the fiscal year 2005, the values referred to in paragraphs 2 and 3 are not taken into account, and if the form relating to the summary of the city’s property assessment roll for that fiscal year is received by the Minister before 1 November 2005, the standardized property value per inhabitant and the average value of the city’s dwellings established on the basis of that form are taken into account.

2004, c. 29, s. 176.

CHAPTER III OTHER TRANSITIONAL PROVISIONS

177. The Minister determines in advance the population of each related municipality, based on an estimate of the Institut de la statistique du Québec and taking into account the territory of each related municipality as it will stand following the reorganization of the city. The Minister may determine in the same manner the population of a borough as it will stand following the reorganization.

The Minister publishes a notice of the populations figures so determined in the Gazette officielle du Québec.

A population figure so determined by the Minister is valid until replaced by the population figure determined in an order made under section 29 of the Act respecting municipal territorial organization (chapter O‐9) that takes into account the reorganization of the city.

2004, c. 29, s. 177.

178. As of the time the majority of candidates elected to positions on the council of a related municipality in an election referred to in section 121 have made the oath under section 313 of the Act respecting elections and referendums in municipalities (chapter E‐2.2), the council may perform the acts normally performed in anticipation of the start of a fiscal year, such as adopting the budget and the related by-laws and resolutions, as well as other acts whose effective date is delayed, however, until the date on which the city is reorganized.

The same applies, with the necessary modifications, to any borough council.

In the case of a reconstituted municipality, for the purposes of the performance of those acts and those provided for in section 178.1; the council exists and the officers and employees act, as if the municipality existed between the time referred to in the first paragraph and the date on which the city is reorganized.

2004, c. 29, s. 178; 2005, c. 28, s. 172.

178.1. If, during the period mentioned in the third paragraph of section 178, the council of the reconstituted municipality, on behalf of the municipality, intends to enter into an insurance contract or a supply or services contract, within the meaning of section 573 of the Cities and Towns Act (chapter C-19) or article 935 of the Municipal Code of Québec (chapter C-27.1), and if the council considers it appropriate that the contract also apply, in respect of the territory of the reconstituted municipality, before the reorganization of the city, it may enter into the contract on behalf of the city and the reconstituted municipality for a period beginning before and ending after the reorganization.

However, the city may, at the request of the council of the reconstituted municipality, enter into the contract on its own behalf and on behalf of the reconstituted municipality. The city acts through its deliberative body or officer that would have jurisdiction if the contract were entered into only on behalf of the city. No decision of the city relating to the contract requires the approval provided for in section 88 of the Act respecting the consultation of citizens with respect to the territorial reorganization of certain municipalities (2003, chapter 14).

For the period before the reorganization, the city may not enter into a contract in respect of which the council of the reconstituted municipality may exercise the powers provided for in the first two paragraphs, or begin the process for awarding such a contract, unless the council decides not to enter into a contract for the same purpose on behalf of the city and the reconstituted municipality for a period beginning before and ending after the reorganization and not to request the city to do so.

Any call for tenders for the supply or services contract provided for in the first or second paragraph, as well as any document referred to in the call for tenders, must be approved by the Minister before being published or delivered.

A contract entered into by one municipality on behalf of another binds the latter for the period in which the latter has jurisdiction over the territory concerned, as if that other municipality were a party to the contract.

2005, c. 28, s. 173; 2005, c. 50, s. 61.

178.2. In the case of the central municipality, the first three paragraphs of section 178.1 apply, with the necessary modifications, if the council composed of persons elected in the election referred to in section 121 intends to enter into a contract referred to in the first paragraph of section 178.1 during the period mentioned in the third paragraph of section 178, and if the council considers it appropriate that the contract also apply, in respect of the territory under its jurisdiction, before the reorganization of the city.

For the purposes of the first paragraph, the council concerned is the regular council or, if applicable, a borough council. However, a borough council does not have the power to make a request under the second paragraph of section 178.1 if the borough under its jurisdiction does not correspond to the borough before the reorganization.

If the contract concerned falls within the jurisdiction of the executive committee of the central municipality, the powers granted under the first paragraph to the regular council composed of persons elected in the election referred to in section 121 belong to the committee composed of such persons.

2005, c. 28, s. 173; 2005, c. 50, s. 62.

179. As of the day on which all the councils of the related municipalities are operational as set out in section 178 or the day on which all the mayors of those related municipalities who have been elected at the election referred to in section 121 have made the oath, whichever is later, the urban agglomeration council is or may be established, depending on whether the rules set out in the order made under section 135 prescribe that all the members of that council sit on the council by virtue of office or that some members must be designated.

The urban agglomeration council may perform the acts referred to in the first paragraph of section 178 and section 179.1 and, to that end, exists as if the urban agglomeration existed in the form provided for in Title II between the day on which it is established and the date on which the city is reorganized.

2004, c. 29, s. 179; 2005, c. 28, s. 174.

179.1. The first three paragraphs of section 178.1 apply, with the necessary modifications, if the urban agglomeration council constituted before the reorganization of the city intends to enter into a contract referred to in the first paragraph of section 178.1 during the period mentioned in the second paragraph of section 179, and if the council considers it appropriate that the contract also apply, in respect of the urban agglomeration, before the reorganization of the city.

If the contract concerned falls within the jurisdiction of the executive committee of the central municipality, given the order made under section 135, the powers granted to the urban agglomeration council under the first paragraph belong to the committee composed of persons elected in the election referred to in section 121.

2005, c. 28, s. 175; 2005, c. 50, s. 63.

180. As of the day on which a person’s term in the position to which the person was elected at the election referred to in section 121 begins until the date on which the city is reorganized, the person may hold that position and the position of city council member concurrently.

2004, c. 29, s. 180.

181. Any by-law or resolution of the urban agglomeration council, the regular council of the central municipality or the council of the reconstituted municipality that deals with the remuneration, compensation, reimbursement of expenses or any other component of remuneration provided for in the Act respecting the remuneration of elected municipal officers (chapter T‐11.001) regarding the council members may have retroactive effect to the date on which the council was able to begin to act under section 178 or 179.

The retroactive effect given under the first paragraph also applies to the other conditions of employment related to remuneration, such as employee and employer contributions to the pension plan.

In the case of a person referred to in section 180, the amount of the remuneration and compensation that would be payable to the person for the period referred to in that section, under a by-law referred to in the first paragraph, is reduced by the amount the person receives from the city as remuneration and compensation for that period.

2004, c. 29, s. 181.

CHAPTER IV EFFECTIVE DATES

182. Titles II to IV apply to an urban agglomeration as of the reorganization of the city whose territory corresponds to the urban agglomeration.

The same applies for sections 148 to 154 and 163 to 165.1.

2004, c. 29, s. 182; 2005, c. 28, s. 176.

183. Sections 156, 157 and 160 to 162 have effect from 18 December 2003.

2004, c. 29, s. 183.

184. Section 159 has effect from 11 November 2004.

2004, c. 29, s. 184.

185. (Omitted).

2004, c. 29, s. 185.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 29 of the statutes of 2004, in force on 1 March 2005, is repealed, except sections 155 to 162 and 185, effective from the coming into force of chapter E-20.001 of the Revised Statutes.