s-30.1 - Act respecting municipal and intermunicipal transit authorities

Updated to 1 October 2000

This document has official status.

chapter S-30.1

Act respecting municipal and intermunicipal transit authorities

This Act was formerly entitled: “An Act respecting municipal and intermunicipal transit corporations”. The title was amended by section 91 of chapter 40 of the statutes of 1999.

1999, c. 40, s. 91.

CHAPTER I DEFINITIONS

1. In this Act, unless the context indicates otherwise,

(a)  “bus” means any motor vehicle equipped for the transportation of at least eight persons at one time, including a minibus or any similar vehicle determined by government regulation;

(b)  “Commission” means the Commission des transports du Québec;

(c)  “transit authority” means a municipal transit authority or an intermunicipal transit authority established under this Act;

(d)  “municipal transit authority” means a transit authority having jurisdiction over the territory of a single municipality;

(e)  “intermunicipal transit authority” means a transit authority having jurisdiction over the territory of several municipalities;

(f)  “Minister” means the Minister of Transport;

(g)  “municipality” means any local municipality, except a municipality the territory of which is under the jurisdiction of a transit commission on 23 November 1977;

(h)  “public transit permit” means a permit that is valid and in force, issued by the Régie des transports du Québec before 15 February 1973, bearing the words “public transport” or “autobus service” ; it also means a permit that is valid and in force issued by the Commission authorizing its holder to provide a bus transport service for passengers, and their baggage, where such is the case, for direct or indirect remuneration, on a regular route and on a fixed time-schedule;

(i)  “passenger transit system” means the aggregate of passenger-bus transport services provided by a transit authority to the public in the territory over which it has jurisdiction.

1977, c. 64, s. 1; 1996, c. 2, s. 605; 1999, c. 40, s. 91.

CHAPTER II MUNICIPAL AND INTERMUNICIPAL TRANSIT AUTHORITIES

1999, c. 40, s. 91.

DIVISION I CONSTITUTION

1999, c. 40, s. 91.

2. Any municipality, by resolution addressed to the Minister, may request that the Government order the making of a study, by such local representatives as the Government may designate, in collaboration with such of its civil servants as the Minister may designate, respecting the advisability of establishing a municipal transit authority or an intermunicipal transit authority, as the case may be.

These persons must report their findings to the Minister within the time limit he indicates.

1977, c. 64, s. 2; 1999, c. 40, s. 91.

3. Upon the advice of the Minister, the Government may order the constitution of a municipal transit authority or an intermunicipal transit authority, as the case may be, indicating, in each case, the name of the transit authority and the territory over which it will have jurisdiction.

Notice of this order shall be published in the Gazette officielle du Québec.

The Government may change the name or the territory of a municipal or intermunicipal transit authority, following the procedure set down in the preceding paragraphs.

1977, c. 64, s. 3; 1999, c. 40, s. 91.

4. A transit authority constituted under section 3 is a legal person.

Its object is the operation of a passenger transit system in its territory. The transit authority may also provide links to points outside its territory.

1977, c. 64, s. 4; 1983, c. 45, s. 59; 1999, c. 40, s. 91.

5. The transit authority shall have its head office in the territory subject to its jurisdiction, at such place as it determines by by-law, notice of which shall be published in the Gazette officielle du Québec; it may also, in the same manner, transfer it to any other place in that territory.

1977, c. 64, s. 5; 1999, c. 40, s. 91.

6. If the transit authority is dissolved, its property, after payment of its debts, shall be vested in the municipality or municipalities, as the case may be, over whose territory it has jurisdiction and, in the latter case, as the Government may determine.

1977, c. 64, s. 6; 1999, c. 40, s. 91.

7. A municipal transit authority shall be represented, and its affairs administered, by a board of directors consisting of three members of the council of the municipality over whose territory it has jurisdiction.

The council of the municipality shall designate these directors by resolution.

1977, c. 64, s. 7; 1999, c. 40, s. 91.

8. An intermunicipal transit authority shall be represented, and its affairs administered, by a board of directors consisting of two members of the municipal council of each municipality in the territory subject to its jurisdiction.

Notwithstanding the first paragraph, an intermunicipal transit authority covering ten or more municipalities shall be represented, and its affairs administered, by a board of directors consisting of one member of the municipal council of each municipality in the territory subject to its jurisdiction.

The council of each of such municipalities shall designate its representatives or representative by resolution.

1977, c. 64, s. 8; 1999, c. 40, s. 91.

9. Within fifteen days of the appointment of the secretary to the transit authority, every councillor designated for membership on the board of directors of the transit authority shall advise the secretary in writing of the address to which all official communications to him from the transit authority should be sent. He may give a new address for that purpose in the same manner.

1977, c. 64, s. 9; 1999, c. 40, s. 91.

10. Within thirty days after publication of its order of constitution, the transit authority shall hold a meeting, chaired by the Minister or a person designated by him, to elect a chairman from among its members and to appoint a secretary and fix his salary.

1977, c. 64, s. 10; 1999, c. 40, s. 91.

11. Within ninety days after publication of its order of constitution, the transit authority shall hold a meeting to designate a general manager and to fix his salary, by resolution approved by a two-thirds majority of the members.

1977, c. 64, s. 11; 1999, c. 40, s. 91.

12. The general manager shall devote himself to the work of the transit authority and his duties of office. He has a voice in discussions of the board of directors of the transit authority but not the right to vote.

1977, c. 64, s. 12; 1999, c. 40, s. 91.

13. The office of general manager of the transit authority is incompatible with that of member of the municipal council of a municipality in the territory under the jurisdiction of the transit authority.

1977, c. 64, s. 13; 1999, c. 40, s. 91.

14. A member of the board of directors of a transit authority ceases to be such on ceasing to be a member of the municipal council that designated him.

However, such a person does not cease to hold office at the expiry of his term as a member of the council if he is reelected at the election held after the expiry of his term and if, within the prescribed time, he makes the oath required of any elected person.

1977, c. 64, s. 14; 1987, c. 57, s. 792; 1989, c. 56, s. 14; 1999, c. 40, s. 91.

15. A member of the board of directors of the transit authority may resign as such by filing a written notice of his intention with the secretary. His position becomes vacant upon the transit authority’s acceptance of his resignation.

1977, c. 64, s. 15; 1999, c. 40, s. 91.

16. Any vacancy on the board of directors of the transit authority must be filled within thirty days.

If the municipality concerned fails to fill the vacancy, the Government may do so in its stead.

1977, c. 64, s. 16; 1999, c. 40, s. 91.

17. The secretary and the general manager shall not be appointed to terms of over four years. Their terms may be renewed, however.

1977, c. 64, s. 17.

18. Before taking office, the secretary and the general manager shall make oath before the chairman to carry out their duties of office well and faithfully.

1977, c. 64, s. 18.

19. Sections 71 to 73 of the Cities and Towns Act (chapter C-19) apply, with the necessary modifications, to the secretary and the general manager throughout their terms of office.

1977, c. 64, s. 19.

20. The chairman shall preside at meetings. He shall maintain order and decorum at meetings, and he may have any person who disturbs the order of a meeting expelled.

The meetings of the board of directors shall be public.

Two-thirds of the members of the board of directors are a quorum.

1977, c. 64, s. 20.

21. The chairman may vote as a member of the board of directors of the transit authority, and has a casting vote in the case of a tie-vote. If the chairman is absent, his casting vote is exercised by the chairman designated in accordance with section 22.

1977, c. 64, s. 21; 1999, c. 40, s. 91.

22. If the chairman is absent or unable to act, the meetings shall be presided by such member of the board of directors as the meeting designates by resolution; the secretary shall preside the meeting until that designation is made.

1977, c. 64, s. 22.

23. The procedure for the calling of meetings of the board of directors is determined by by-law of the board and submitted for approval to the Government.

The board of directors of the transit authority shall meet not less than once every two months.

It must meet, however, at the request of the chairman, at the written request of one-third of its members, at the written request of two hundred and fifty users of its service, or at the request of the complaints office, as the case may be.

1977, c. 64, s. 23; 1988, c. 25, s. 56; 1999, c. 40, s. 91.

23.1. The board of directors shall put on the agenda of the first regular meeting held after the receipt by the secretary of the transit authority of a written request signed by 150 or more residents of the territory of the transit authority, the matter that is the subject of the request. The request shall be delivered to the secretary not later than 10 days before the meeting is held.

1988, c. 25, s. 57; 1999, c. 40, s. 91.

23.2. The board of directors shall schedule, at each meeting, a question period during which the persons present may put oral questions to the members of the board.

The question period shall not exceed one hour unless the board of directors decides otherwise.

1988, c. 25, s. 57.

24. Each member of the board of directors of a municipal transit authority has one vote.

1977, c. 64, s. 24; 1999, c. 40, s. 91.

25. Each member of the board of directors of an intermunicipal transit authority has one vote for each 1 000 inhabitants of the municipality he represents.

Every fraction of 1 000 inhabitants greater than 500 gives entitlement to one more vote.

1977, c. 64, s. 25; 1996, c. 2, s. 606; 1999, c. 40, s. 91.

26. Every member of the board of directors of the transit authority attending a meeting is bound to vote on a division.

1977, c. 64, s. 26; 1999, c. 40, s. 91.

27. (Repealed).

1977, c. 64, s. 27; 1987, c. 57, s. 793.

28. The remuneration of the members of the board of directors is fixed by the transit authority and approved by the Government.

Such remuneration shall be paid by the transit authority.

1977, c. 64, s. 28; 1999, c. 40, s. 91.

29. Subject to the first paragraph of section 48, decisions of the transit authority shall be taken by the majority vote of the members present. However, where an intermunicipal transit authority covers four or more municipalities, that majority must include at least fifty per cent of the votes of the representatives of the municipalities other than the one having the greatest population who are present at the meeting.

1977, c. 64, s. 29; 1999, c. 40, s. 91.

30. The minutes of the votes and proceedings of the board of directors of the transit authority shall be entered in a minute-book by the secretary; on being read and approved at the next meeting, they shall be signed by the chairman and the secretary. They must be sent free of charge to every municipal council concerned.

1977, c. 64, s. 30; 1999, c. 40, s. 91.

31. Copies and extracts, certified by the secretary, of or from the books, registers, records, documents and papers preserved in the office of the transit authority make proof of their contents.

To be authentic, the original of a document referred to in the preceding paragraph must be signed by the chairman and the secretary.

1977, c. 64, s. 31; 1999, c. 40, s. 91.

32. The registers and documents in the possession of the secretary and forming part of the records of the transit authority may be inspected and examined during regular working hours by every person who so desires.

The person in charge of access to documents of the transit authority shall issue copies or extracts from those registers and documents to any person who applies therefor.

1977, c. 64, s. 32; 1987, c. 68, s. 71; 1999, c. 40, s. 91.

33. The secretary of the transit authority must send, on demand and free of charge, a copy of any document forming part of the records of the transit authority to any municipality in the territory under the jurisdiction of the transit authority.

1977, c. 64, s. 33; 1999, c. 40, s. 91.

34. No by-law, resolution or order of the board of directors may be repealed or amended except by another by-law, resolution or order.

1977, c. 64, s. 34.

35. Every by-law, resolution and order of the board of directors of the transit authority comes into force on being published by posting up in the office of the transit authority, unless authorization is required.

1977, c. 64, s. 35; 1999, c. 40, s. 91.

36. A copy of every by-law, resolution and order passed by the board of directors of the transit authority must be forwarded to the Minister without delay.

1977, c. 64, s. 36; 1999, c. 40, s. 91.

DIVISION II GENERAL POWERS

37. The transit authority may

(a)  have a seal;

(b)  establish and maintain or assist in the establishment or maintenance of relief or retirement funds or pension plans for its officers and employees, or their relatives and dependants, and pay premiums for them, the whole subject to the Supplemental Pension Plans Act (chapter R-15.1);

(c)  make by-laws for its internal management and the conduct of its affairs;

(d)  carry out such studies as it deems useful for the exercise of its jurisdiction, whether such studies deal with the territory subject to its jurisdiction or with any other territory.

1977, c. 64, s. 37; 1989, c. 38, s. 319; 1999, c. 40, s. 91.

38. The transit authority may also

(a)  lease, on its property, space for any business it may determine and regulate the use of showcases and display windows in such establishments and lease advertising space on its property and in its vehicles;

(b)  acquire, possess and operate by itself any business at the places described in subparagraph a;

(c)  make by-laws respecting the conduct of persons on its property or in its vehicles or respecting its collection of fares;

(d)  with the approval of the Minister, perform such work as it deems necessary for the better operation of its services, such as the construction, possession, and operation of parking lots or parking garages, loading and unloading platforms, and any other works it considers necessary or useful for the efficient operation of its services;

(e)  (subparagraph repealed);

(f)  to provide, within the limits of its territory, a special transportation service for handicapped persons who are unable to use the public transport system and for that purpose

i.  directly possess, organize, develop and administer such a service;

ii.  make, without calling for tenders, with any undertaking providing transportation by bus or transportation by taxi or any non-profit organization, a contract to ensure, in whole or in part, operation of such a service;

iii.  (subparagraph replaced);

(g)  make, with any municipality whose territory is not comprised in its territory or any intermunicipal board, a contract to supply a special transportation service in the territory of the municipality or board for handicapped persons and to provide links to points outside the territory;

(h)  make, with a bus permit holder or a school bus carrier, a contract for the supply of certain public transport services;

(i)  make an agreement with another public body providing public transport to extend its public transport service to the territory of the body.

The special service contemplated in subparagraph f of the first paragraph may be furnished in such a manner as to provide links to points outside the territory of the transit authority.

1977, c. 64, s. 38; 1983, c. 45, s. 60; 1984, c. 23, s. 16; 1984, c. 47, s. 55; 1988, c. 25, s. 58; 1996, c. 2, s. 607; 1999, c. 40, s. 91.

38.1. The transit authority may make any contract deemed useful for the organization of shared transportation by taxi provided for in the Act respecting transportation by taxi (chapter T-11.1).

1983, c. 46, s. 105; 1999, c. 40, s. 91.

39. The transit authority may acquire by agreement, with the authorization of the Minister, or by expropriation, any immoveable, part of an immoveable or real right that it requires for the attainment of its objects, within or outside the limits of the territory subject to its jurisdiction.

1977, c. 64, s. 39; 1999, c. 40, s. 91.

40. Unless it involves an expenditure of less than $25 000, no contract for the performance of work or the supply of equipment or materials or the furnishing of services other than, subject to the second paragraph, professional services may be awarded by the transit authority except after a call for public tenders by advertisement in a daily newspaper circulating in its territory.

In the case of a construction, supply or services contract involving an expenditure of $100 000 or more, the call for public tenders must be published by means of an electronic tendering system accessible both to contractors and suppliers having an establishment in Québec and to contractors and suppliers having an establishment in a province or territory covered by an intergovernmental trade liberalization agreement applicable to the transit authority and in a newspaper that is circulated in the territory of the transit authority or, if it is not circulated therein, that is a publication specialized in the field and sold mainly in Québec. In the case of a supply or services contract, the electronic tendering system to be used for the publication of the call for public tenders shall be the system approved by the Government.

For the purposes of the second paragraph,

(1)  “construction contract” means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work, including site preparation, excavation, drilling, seismic investigation, the supply of products and materials, equipment and machinery if these are included in and incidental to a construction contract, as well as the installation and repair of fixtures of a building, structure or other civil engineering work;

(2)  “supply contract” means a contract for the purchase, lease or rental of movable property that may include the cost of installing, operating and maintaining property, except a contract in respect of property related to cultural or artistic fields as well as computer software for educational purposes, and subscriptions;

(3)  “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services, except a contract in respect of services related to cultural or artistic fields that can, under an Act or a regulation, be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered accountant, advocate or notary.

The time limit for the receipt of tenders shall not be less than eight days. However, in the case of tenders in relation to a contract referred to in the second paragraph, the time limit for the receipt of tenders shall not be less than 15 days. Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:

(a)  for a fixed price;

(b)  at unit prices.

A call for public tenders in relation to a contract referred to in the second paragraph may stipulate that only tenders submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalisation agreement applicable to the transit authority will be considered. Such a call for tenders may also stipulate that the goods concerned must be produced in a territory comprising Québec and any such province or territory.

All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the time and place mentioned in the call for tenders. All those who have tendered may be present at the opening of the tenders. The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.

Without restriction to its right not to accept any tender and subject to section 41.0.1, the transit authority shall not, without the prior authorization of the Minister, award the contract to any person other than the person who submitted the lowest tender within the prescribed time limit. If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time limit, the transit authority may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time limit.

If there is only one tenderer, the transit authority shall not award such contract without the approval of the Minister.

A contract which, as a result of an exception provided for in subparagraph 2 or 3 of the third paragraph, is not a supply contract or a services contract for the purposes of the second paragraph, is not a contract for the supply of equipment or materials or for the supply of services, as the case may be, for the purposes of the first paragraph.

1977, c. 64, s. 40; 1995, c. 34, s. 69; 1995, c. 71, s. 83; 1997, c. 53, s. 36; 1997, c. 93, s. 111; 1997, c. 53, s. 36; 1998, c. 31, s. 81; 1999, c. 40, s. 91.

41. The awarding of a contract for one of the objects mentioned in the first paragraph of section 40, involving an expenditure of over $5 000 and less than $25 000, must be preceded by a call for tenders made by inviting at least two contractors or, as the case may be, two suppliers having an establishment in Québec.

1977, c. 64, s. 41; 1999, c. 40, s. 91.

41.0.1. The transit authority may choose to use a system of bid weighting and evaluating whereby each bid obtains a number of points based on the price as well as on the quality or quantity of goods, services or work, the delivery procedure, servicing, the experience and financial capacity required of the supplier or contractor or on any other criteria directly related to the procurement.

Where the transit authority chooses to use such a system, the call for tenders or any document to which it refers shall mention all the requirements and all criteria that will be used for evaluating the bids, as well as the weighting and evaluation methods based on those criteria.

In such a case, the transit authority shall not award the contract to a person other than the person whose bid was received within the time fixed and obtained the highest score.

For the purposes of the last sentence of the seventh paragraph of section 40, the bid having obtained the highest score shall be considered to be the lowest tender.

1997, c. 53, s. 37; 1999, c. 40, s. 91.

41.0.2. The transit authority may establish a qualification process which shall not discriminate on the basis of the province or country of origin of the goods, services, suppliers or contractors.

However, where the transit authority establishes a qualification process solely for the purposes of awarding a contract referred to in the second paragraph of section 40, the process may discriminate as permitted in the case of a call for public tenders in relation to such a contract under the fifth paragraph of section 40.

The transit authority shall invite the interested parties to obtain their qualification or the qualification of their goods or services, by causing the secretary to publish a notice to that effect in accordance with the rules set out in the second paragraph of section 40.

1997, c. 53, s. 37; 1999, c. 40, s. 91.

41.0.3. A call for tenders may stipulate that the goods, services, suppliers or contractors concerned by or able to satisfy the call for tenders must first be certified, qualified or registered by an organization accredited by the Standards Council of Canada or first be certified or qualified under the process provided for in section 41.0.2.

The first paragraph does not apply where, under the process provided for in section 41.0.2, only one supplier or contractor has become qualified.

1997, c. 53, s. 37.

41.0.4. Subject to the fifth and seventh paragraphs of section 40, no call for public tenders or document to which it refers shall discriminate on the basis of the province or country of origin of the goods, services, suppliers or contractors.

1997, c. 53, s. 37.

41.1. The transit authority, without calling for tenders, may make a contract

(1)  for the supply of equipment, materials or services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or a body thereof;

(2)  with another public body providing public transport, for the supply of equipment, materials or services.

1988, c. 25, s. 59; 1999, c. 40, s. 91.

41.2. The transit authority may obtain any movable property from or through the General Purchasing Director designated under section 3 of the Act respecting the Service des achats du gouvernement (chapter S-4). The transit authority may also obtain any service through the General Purchasing Director acting within a mandate entrusted to the General Purchasing Director by the Government under section 4.1 of that Act.

To the extent that the terms of any agreement on the opening of public procurement applicable to the transit authority are observed, sections 40 and 41 do not apply to contracts entered into by the transit authority with or through the General Purchasing Director in accordance with the regulations under the Public Administration Act (chapter A-6.01).

1999, c. 59, s. 34; 2000, c. 8, s. 243.

42. With the permission of the Minister, the transit authority may lease the equipment necessary for the attainment of its objects, and rolling stock in particular, on condition in the latter case that it is leased from a person holding a permit for that purpose, where a permit is required, and that it is witnessed by a contract in writing, a copy of which must be sent to the Minister.

1977, c. 64, s. 42; 1999, c. 40, s. 91.

43. The transit authority may, without a permit, lease its vehicles to any person or body requesting it.

1977, c. 64, s. 43; 1999, c. 40, s. 91.

44. The transit authority may alienate property for valuable consideration.

If the alienation is not made at auction or by public tender, the secretary shall publish each month, if necessary, in a newspaper circulated in the territory of the transit authority, a public notice indicating any property the transit authority has alienated in any other manner during the preceding month, in favour of whom it was alienated and for what consideration; he shall forward a copy of the notice to the Minister.

1977, c. 64, s. 44; 1984, c. 47, s. 56; 1999, c. 40, s. 91.

44.1. Notwithstanding section 44, the transit authority shall not alienate, without the authorization of the Minister, any property of a value of $25 000 or over for which it has specifically received a grant.

The transit authority shall inform the Minister of the alienation of any other property for which it has specifically received a grant within 15 days after the alienation.

1984, c. 47, s. 56; 1999, c. 40, s. 91.

45. Whether it operates the system itself or it entrusts its operation in accordance with the second paragraph of section 49, the transit authority may cause articles of little value found in its vehicles or on its property, and not claimed within two months, to be sold at auction.

The sale shall not take place less than ten days after the publication in a daily newspaper of a notice of sale mentioning the nature of the articles and indicating the place, date and time of the sale.

The transit authority shall then not be liable to the owner except for the proceeds of the sale, less the costs of preservation and sale.

The transit authority may give perishable articles found in such places and not claimed within twelve hours to charitable institutions or undertakings.

It may also give to charitable institutions or undertakings any articles which have remained unsold at an auction.

In the case of the two preceding paragraphs, the transit authority shall be free of any liability towards the owners of the articles concerned.

1977, c. 64, s. 45; 1999, c. 40, s. 91.

CHAPTER III OPERATION OF PASSENGER TRANSIT SYSTEMS

46. The transit authority shall, not later than one year after the date of its constitution, prepare the plans and specifications of the transit system, describing the services it intends to provide to its users.

Upon its constitution, the transit authority may provide the same service as any public transit undertaking it has acquired in conformity with section 50.

1977, c. 64, s. 46; 1999, c. 40, s. 91.

47. To establish the plans and specifications of its transit system, the transit authority must publish in a newspaper circulated in its territory a notice of the holding of a special meeting to hear any interested persons wishing to make representations. Such persons must advise the secretary in writing of their intention to be heard.

1977, c. 64, s. 47; 1999, c. 40, s. 91.

48. The transit authority shall then prepare its plans and specifications, which must be approved by two-thirds of the members of the board of directors of the transit authority present at the meeting, notwithstanding section 29.

They must be transmitted, without delay, to the Minister, who approves them as received or after amendment.

Every amendment to the plans and specifications must be made and approved in conformity with this section.

1977, c. 64, s. 48; 1999, c. 40, s. 91.

49. The transit authority must itself operate the passenger transit system described in the plans and specifications approved by the Minister.

However, with the authorization of the Government, it may make a contract for the operation of a passenger transit system with a transport contractor or a municipality operating a public transit system in accordance with the terms and conditions provided for by this Act.

1977, c. 64, s. 49; 1999, c. 40, s. 91.

49.1. The transit authority may take any measure it considers appropriate to promote the organization and operation of a passenger transit system it does not itself operate or organize, and provide support services to users of the transit system and to the persons organizing it.

1986, c. 64, s. 1; 1999, c. 40, s. 91.

50. Before commencing the operation of its passenger transit system or entrusting its operation in accordance with the second paragraph of section 49, the transit authority shall acquire, either by agreement with the authorization of the Minister, or by expropriation, the capital stock or the property of any undertaking or municipality holding a public transport permit operated in whole or for the greater part within the territory under the jurisdiction of the transit authority.

For the purposes of this section, “property” means the assets used exclusively for the operation of a public transit system or of another passenger transit system.

1977, c. 64, s. 50; 1999, c. 40, s. 91.

51. Any acquisition by agreement or by expropriation made by the transit authority pursuant to section 50 shall prevent the renewal of the public transport permit of the undertaking so acquired.

Furthermore, such a permit becomes void by the mere fact of the acquisition.

1977, c. 64, s. 51; 1999, c. 40, s. 91.

52. The Transport Act (chapter T-12), any regulation made thereunder, as well as the orders referred to in the second paragraph of section 89 of the said Act which are in lieu of regulations within the meaning of the Transport Act, apply to the transit authority except with regard to the establishment of routes and schedules, the transfer of assets or shares, the obligation to hold a permit and the establishment of the first tariff of fares.

However, the Government may, by regulation, exempt the transit authority from the obligation to conform to one or more of the provisions of any regulation or order contemplated in the preceding paragraph.

1977, c. 64, s. 52; 1999, c. 40, s. 91.

53. The transit authority may provide charter transportation in its territory and from its territory to points outside its territory.

The transit authority is deemed to hold a bus transport permit from the Commission to provide shuttle service.

1977, c. 64, s. 53; 1981, c. 26, s. 26; 1984, c. 23, s. 17; 1986, c. 64, s. 2; 1999, c. 40, s. 91.

54. The transit authority may acquire, either by agreement with the authorization of the Minister or by expropriation, the capital stock or all or part of the property of any public transport undertaking part of which is operated within the territory under the jurisdiction of the transit authority.

1977, c. 64, s. 54; 1985, c. 35, s. 41; 1999, c. 40, s. 91.

54.1. The transit authority may make, with any public transport undertaking part of which is operated within the territory under the jurisdiction of the transit authority, an agreement by which it agrees to pay an indemnity to that undertaking on condition that the undertaking renounces the service supplied by the undertaking in the territory of the transit authority.

The agreement requires the approval of the Minister.

The Commission shall, on the application of the transit authority and upon the filing of the agreement duly approved, amend accordingly the permit of the public transport undertaking.

1985, c. 35, s. 42; 1999, c. 40, s. 91.

55. Every acquisition by expropriation by the transit authority is governed by the Expropriation Act (chapter E-24).

1977, c. 64, s. 55; 1999, c. 40, s. 91.

56. As soon as the transit authority acquires all the capital stock of a public transport undertaking, the functions of the directors of the undertaking then in office cease and the members of the board of directors of the transit authority become the sole directors of such undertaking, without additional remuneration, and without personally being shareholders of such undertaking, notwithstanding any inconsistent provision of any law, charter or by-law.

The members of the board of directors of the transit authority are not liable for acts done previously by the directors of the undertaking so acquired.

1977, c. 64, s. 56; 1999, c. 40, s. 91.

57. Every issue of shares or bonds made by a public transport undertaking after the date of the resolution of the transit authority ordering the expropriation of the capital stock of such undertaking is without effect.

1977, c. 64, s. 57; 1999, c. 40, s. 91.

58. Notwithstanding any law, agreement, deed of trust or other provision, none of the provisions of this Act nor the exercise of any of the powers which it assigns to the transit authority, nor any of the acts which it authorizes may have the effect of putting a public transport undertaking in default under the terms of the agreements or trust deeds relating to bonds, or of making payment exigible before maturity, or of enabling the creditors or the trustees or the representatives of the creditors to exercise the powers and recourses contemplated in the case of default by the public transport undertaking with regard to such bonds, except where payment of the debt has not been assumed by the transit authority.

1977, c. 64, s. 58; 1999, c. 40, s. 91.

59. The assumption by the transit authority of the obligations of a public transport undertaking shall be in lieu of all hypothecs relating thereto and encumbering the property of such undertaking, and such hypothecs shall be extinguished.

The cancellation of the registration of such hypothecs is effected by the presentation, for the purposes of cancellation, in the office of the registration division concerned, of a requisition therefor signed by the chairman and by the secretary of the transit authority, attesting that it has acquired the ownership and final possession of the pertinent movable and immovable property, designating the immovable property affected by such registration and specifying the registration numbers of the hypothecs to be cancelled. Such requisition constitutes proof of its contents until proof to the contrary without its being necessary to prove the authority of the signatories.

1977, c. 64, s. 59; 1992, c. 57, s. 530; 1999, c. 40, s. 91.

60. In the case of acquisition by agreement or expropriation of the capital stock of a public transport undertaking, all the property, rights and obligations of such undertaking shall devolve to the transit authority, and the Government, whenever the total amount of the price or indemnity payable for the shares has been paid to those entitled thereto or deposited in accordance with the law, may cancel the charter of the public transport undertaking by order in council. Notice of the passing of such order in council shall be published in the Gazette officielle du Québec and the cancellation shall take effect from the date fixed by the order in council. If there then remain any claims or judicial proceedings pending between such undertaking and third parties, the transit authority, from the cancellation of the charter of such undertaking, shall be in the rights and obligations of such undertaking; upon such cancellation, the transit authority, in all pending cases, shall be substituted for the undertaking, of right, and without proceedings in continuance of suit, and the judgments obtained shall be executory by or against the transit authority, as the case may be.

1977, c. 64, s. 60; 1999, c. 40, s. 91.

61. The transit authority, on its own authority and without any further approval, may, by resolution, establish, change or cancel lines, replace bus lines by lines of other means of public transport and change their routes.

For any such purpose, it may use any public street which it deems expedient in the territory under its jurisdiction.

The secretary shall send forthwith to the interested municipalities and cause to be published without delay in a daily newspaper circulating in the territory, a certified copy of the resolution of the transit authority.

Any decision contemplated in the first paragraph relating to the establishment or change of a line shall take effect only from the expiration of eight days following the sending of a notice to that effect to the municipality concerned.

Where the transit authority makes a contract pursuant to the second paragraph of section 49 and exercises the power provided for in this section, it may make such amendments to the contract as are rendered necessary for the exercise of such power.

1977, c. 64, s. 61; 1999, c. 40, s. 91.

62. The transit authority shall, by resolution, fix the various passenger fares according to the classes of users it determines.

The secretary shall send forthwith to the municipalities of the territory under the jurisdiction of the transit authority a certified copy of the resolution contemplated in this section, and cause it to be published forthwith in a newspaper circulating in the territory. A certified copy of the resolution shall also be posted in every vehicle. No fare may come into force before the expiry of 30 days after the date of publication and posting.

1977, c. 64, s. 62; 1983, c. 45, s. 61; 1988, c. 25, s. 60; 1999, c. 40, s. 91.

63. The transit authority shall submit to the Commission des transports du Québec, before they come into force, the fares to be charged in operating a sightseeing service.

1977, c. 64, s. 63; 1981, c. 26, s. 27; 1983, c. 45, s. 62; 1988, c. 25, s. 61; 1999, c. 40, s. 91.

64. (Repealed).

1977, c. 64, s. 64; 1981, c. 26, s. 28.

65. (Repealed).

1977, c. 64, s. 65; 1988, c. 25, s. 62.

66. The transit authority may make a contract for school bussing within the scope of the Education Act (chapter I-13.3), the Act respecting private education (chapter E-9.1) and the General and Vocational Colleges Act (chapter C-29). It may also make such a contract with an institution whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1).

The transit authority has jurisdiction to carry out, even outside its territory, any contract it has made with a school board, provided the territory of that school board is comprised in the territory in which the transit authority operates under sections 4 and 67.

1977, c. 64, s. 66; 1981, c. 26, s. 29; 1988, c. 84, s. 576; 1989, c. 17, s. 7; 1992, c. 68, s. 156; 1994, c. 15, s. 33; 1996, c. 21, s. 70; 1999, c. 40, s. 91.

67. The transit authority may contract with any municipality whose territory is not comprised in its territory or any intermunicipal board to supply public transport services to that municipality or board.

1977, c. 64, s. 67; 1979, c. 83, s. 6; 1980, c. 11, s. 50; 1983, c. 45, s. 63; 1996, c. 2, s. 608; 1999, c. 40, s. 91.

67.1. (Repealed).

1981, c. 26, s. 30; 1983, c. 45, s. 64.

68. The Commission shall not issue a bus transport permit for the operation of any service wholly or partly within the territory of the transit authority or amend a permit so as to authorize the operation of such a service without first having invited the transit authority to submit its representations.

If the transit authority has not made known its intention to submit representations within 60 days of the invitation of the Commission, the latter may rule upon the application for a permit or for an amendment to a permit.

The Commission shall reject such part of the application which concerns services to which the transit authority has objected if they are urban transport services that would be operated within the territory of the transit authority.

1977, c. 64, s. 68; 1988, c. 25, s. 63; 1999, c. 40, s. 91.

69. If, during its first year of existence, the transit authority is granted the permission to make a contract in accordance with the second paragraph of section 49, it must call for public tenders from any person having his principal business establishment in Québec.

1977, c. 64, s. 69; 1999, c. 40, s. 91.

70. Tenders are made in accordance with the procedure determined by regulation of the Government.

1977, c. 64, s. 70.

71. The transit authority is not required to retain any of the tenders.

However, if it decides to retain one tender, it must retain the lowest.

1977, c. 64, s. 71; 1999, c. 40, s. 91.

72. The transit authority must decide on its selection not later than twenty-one days of the opening of the tenders and all the tenderers must be informed of such selection within the ensuing ten days.

1977, c. 64, s. 72; 1999, c. 40, s. 91.

73. Any contract made following a call for public tenders, between the selected tenderer and the transit authority, must be for a term of three years and it must be approved by the Minister. At the expiry of the term, such contract may be renewed, with the same approval, for the same term, as often as the transit authority deems it necessary.

1977, c. 64, s. 73; 1999, c. 40, s. 91.

74. The transit authority must require the transport contractor to make a deposit or post a performance bond, for each year, in the amount and form prescribed by regulation of the Government.

1977, c. 64, s. 74; 1999, c. 40, s. 91.

75. Sections 52 and 53 apply with the necessary modifications to the transport contractor contemplated in section 74.

1977, c. 64, s. 75.

76. Even after awarding a contract in accordance with this chapter, the transit authority, with the permission of the Minister, may terminate such contract or not renew it and itself operate the passenger transit system.

1977, c. 64, s. 76; 1999, c. 40, s. 91.

77. The transit authority remains solely responsible for the management of its affairs even if it has made a contract for the operation of its passenger transit system, without prejudice to any recourse it may exercise against the transport contractor operating the said system.

1977, c. 64, s. 77; 1999, c. 40, s. 91.

77.1. This chapter applies notwithstanding any general law or special act.

1979, c. 83, s. 7.

Not in force

CHAPTER IV COMPLAINTS BUREAU

Not in force

78. The transit authority must establish a bureau for the examination of complaints within the territory under its jurisdiction whether the transit system is operated by the transit authority or whether it is operated by a contractor according to the second paragraph of section 49.

1977, c. 64, s. 78; 1999, c. 40, s. 91.

Not in force

79. Any user who wishes to submit a complaint relating to the transport services of the transit authority must address himself in writing to the secretary of the transit authority. The secretary must transmit the complaint to the bureau.

1977, c. 64, s. 79; 1999, c. 40, s. 91.

Not in force

80. The bureau must examine the complaint, make any investigation it deems proper, and hear the complainant and any person it believes capable of providing information.

The bureau then makes to the transit authority any recommendation it deems proper; it may also take the same action with respect to any agency involved in the operation of the transit authority.

1977, c. 64, s. 80; 1999, c. 40, s. 91.

Not in force

81. The Government, by regulation,

(a)  shall appoint at least three and at most seven members, as well as a secretary, to the bureau;

(b)  shall prescribe the mode of nomination of members to the bureau and designate the persons competent to make nominations;

(c)  shall establish the qualifications of the persons competent to become members of the bureau;

(d)  shall prescribe the rules to determine the frequency of the meetings of the bureau and the quality of the premises and services put at the disposal of the bureau;

(e)  shall fix the mode and amount of the remuneration of the members and the secretary of the bureau.

1977, c. 64, s. 81.

CHAPTER V FINANCIAL PROVISIONS

82. The fiscal year of the transit authority begins on 1 January and ends on 31 December.

1977, c. 64, s. 82; 1999, c. 40, s. 91.

83. All sums collected or received by the transit authority shall be used to discharge its obligations and to operate, maintain and improve the passenger transit system it operates or causes to be operated.

1977, c. 64, s. 83; 1999, c. 40, s. 91.

83.1. The transit authority may invest the monies belonging to it by purchasing shares in a mutual fund provided for in the third paragraph of section 99 of the Cities and Towns Act (chapter C-19).

The Minister of Municipal Affairs and Greater Montréal may, by regulation, determine other securities in which the transit authority may invest the monies belonging to it through a mutual fund referred to in the first paragraph.

1996, c. 77, s. 48; 1999, c. 43, s. 13.

84. The payment of the municipal transit authority’s operating deficits, if any, including those resulting from the payment of interest on and amortization of its loans, shall be charged to the municipality whose territory is subject to the jurisdiction of the transit authority.

1977, c. 64, s. 84; 1999, c. 40, s. 91.

85. The payment of the intermunicipal transit authority’s operating deficits, if any, including those resulting from the payment of interest on and amortization of its loans, shall be charged to the municipality whose territory is subject to the jurisdiction of the transit authority.

Such deficits shall be apportioned among these municipalities according to the number of kilometres travelled in the territory of each by the vehicles of the transit authority, or to the number of hours during which each vehicle of the transit authority travelled in the territory of each, or to their respective populations, or to their respective fiscal potentials within the meaning of section 261.6 of the Act respecting municipal taxation (chapter F-2.1), or on the basis of any other criterion determined by the transit authority or a combination of such criteria.

The number of kilometres covered and hours spent by the transit authority’s vehicles within the territory of each municipality may be determined by verification.

The transit authority shall not be required to apportion the operating deficits, if any, connected with the various means of public transport or the operating deficits, if any, connected with various lines of a single means of public transport, among the same municipalities or according to the same criteria.

1977, c. 64, s. 85; 1979, c. 72, s. 329; 1984, c. 47, s. 213; 1991, c. 32, s. 208; 1999, c. 40, s. 91.

85.1. The intermunicipal transit authority shall prescribe, by a by-law approved by two-thirds of the municipalities whose territories are within its jurisdiction, the basis of apportionment of its deficit in accordance with section 85, the terms and conditions for determining the aliquot shares of the deficit and the terms and conditions of payment of the aliquot shares by the said municipalities.

The by-law may prescribe any criterion of apportionment other than those specified in section 85. In this case, it must be approved by the Minister of Transport.

The by-law may also, in particular, determine the period for which the number of kilometres travelled and the number of hours spent by the vehicles of the transit authority in the territory of each municipality are to be considered and prescribe, for every situation provided for in sections 87 to 89,

(1)  the date on which the data used to establish provisionally or finally the prescribed basis of apportionment are to be considered;

(2)  the time limit for determining each aliquot share and for informing each municipality of it;

(3)  the obligation of a municipality to pay the aliquot share in a single payment or the right to pay it in a certain number of instalments;

(4)  the time limit within which each instalment must be paid;

(5)  the rate of interest payable on an outstanding instalment;

(6)  the adjustments that may result from the deferred coming into force of all or part of the budget of the transit authority or from the successive use of provisional and final data in determining the basis of apportionment.

Instead of fixing the rate of interest payable on an instalment which is outstanding, the by-law may provide that such rate shall be fixed by a resolution of the transit authority when its budget is adopted.

1991, c. 32, s. 209; 1999, c. 40, s. 91.

86. Any surplus or deficit, if any, of a fiscal year shall be entered in the revenues or expenditures of the budget of the following fiscal year.

1977, c. 64, s. 86.

87. The transit authority shall prepare its budget each year for the ensuing fiscal year and send a copy of it before 1 October to each municipality whose territory is subject to its jurisdiction accompanied with a notice indicating the amount to be paid by each municipality in accordance with the apportionment provided for in section 85.

The transit authority shall also, within thirty days after the adoption of the budget, send a copy of the budget to the Minister and to the Minister of Municipal Affairs and Greater Montréal.

The budget shall include a distinct appropriation of not more than 1,5% of the expenses as a reserve for unforeseen administrative and operating expenses.

The budget requires to be adopted by at least two-thirds of the municipalities concerned and comes into force on 1 January if it is so adopted before that date or fifteen days after its adoption if it is adopted after 1 January.

Where the budget does not come into force on 1 January, one-quarter of the budget for the previous fiscal year is considered adopted at the beginning of each quarter of the fiscal year and remains in force until it is replaced by the budget for the current fiscal year.

1977, c. 64, s. 87; 1984, c. 38, s. 139; 1985, c. 35, s. 43; 1999, c. 40, s. 91; 1999, c. 43, s. 13.

88. Where the budget has not come into force on 1 January, a municipality or the transit authority may ask the Minister to appoint a conciliation officer to assist the parties in reaching an agreement.

Notice of the application shall be sent to each municipality and to the secretary of the transit authority.

Upon receipt of the application, the Minister shall appoint a conciliation officer.

The conciliation officer appointed shall send a conciliation report to the Minister within the time granted by the Minister.

1977, c. 64, s. 88; 1985, c. 35, s. 44; 1999, c. 40, s. 91.

89. During a fiscal year, the transit authority may prepare any supplementary budget and shall send a copy of such supplementary budget to each municipality whose territory is subject to the jurisdiction of the transit authority.

The supplementary budget shall be submitted for adoption to each municipality concerned at a special meeting called for that purpose within fifteen days after the municipality receives a copy thereof.

The supplementary budget requires to be adopted by at least two-thirds of the municipalities concerned.

A copy of the budget shall be sent, within thirty days after its adoption, to the Minister and the Minister of Municipal Affairs and Greater Montréal.

1977, c. 64, s. 89; 1984, c. 38, s. 140; 1985, c. 35, s. 45; 1999, c. 40, s. 91; 1999, c. 43, s. 13.

90. The funds appropriated by way of a budget for specified work during a fiscal year shall remain available during the ensuing fiscal year for the carrying out of such work whether such work is begun or not.

1977, c. 64, s. 90.

91. Any transfer of funds must be authorized by the Minister.

1977, c. 64, s. 91.

92. Each municipality shall, before 1 April, pay to the municipal transit authority the amount owed by the municipality in accordance with the budget of the transit authority.

Each municipality must pay its aliquot share of the deficit of the intermunicipal transit authority in the period prescribed by the by-law adopted under section 85.1.

If the municipality fails to pay within the allotted time, the Commission municipale du Québec may, upon application of the transit authority, file a motion to have such municipality declared in default in accordance with Division V of the Act respecting the Commission municipale.

1977, c. 64, s. 92; 1991, c. 32, s. 210; 1999, c. 40, s. 91.

93. Each year, the transit authority shall adopt for the next three fiscal years the program of its capital expenditures. The program must be approved by the council of 2/3 of the municipalities whose territory is subject to its jurisdiction.

Such program shall be divided into annual phases. It shall describe, in respect of the period coincident therewith, the object, the amount and the mode of financing of the capital expenditures or expenses that the transit authority plans to make or to incur and for which the financing period exceeds 12 months. The program shall also mention the capital expenditures that the transit authority plans to make beyond the period contemplated therein, if those expenditures result from commitments made during that period.

To the extent that they are consistent with this section, the provisions applicable to the procedure prior to the adoption of the budget of the transit authority apply, with the necessary modifications, to the procedure prior to the adoption of the programme of capital expenditures.

1977, c. 64, s. 93; 1985, c. 27, s. 81; 1988, c. 76, s. 12; 1996, c. 52, s. 92; 1999, c. 40, s. 91.

93.1. The transit authority may amend its program of capital expenditures. Section 93, adapted as required, applies to such an amendment.

1985, c. 27, s. 82; 1988, c. 76, s. 13; 1996, c. 52, s. 93; 1999, c. 40, s. 91.

94. The transit authority may, with the approval of the Minister of Municipal Affairs and Greater Montréal, order, by by-law, a loan by notes, bonds or other securities and contract it on the conditions approved by him. In no case may the term of such a loan exceed fifty years.

Every loan must be approved, by by-law, by the councils of two-thirds of the municipalities whose territory is subject to the jurisdiction of the transit authority.

The transit authority must send to the Minister of Municipal Affairs and Greater Montréal and to the Commission municipale du Québec a copy of the by-law contemplated in the preceding paragraph.

1977, c. 64, s. 94; 1984, c. 38, s. 141; 1989, c. 19, s. 1; 1999, c. 40, s. 91; 1999, c. 43, s. 13.

95. The transit authority may, by resolution, order temporary loans for the payment of current administration expenses and contract them on the conditions and for the term it determines.

The transit authority may also contract loans under the first paragraph for the payment of all or part of the expenses made under a loan by-law. If, in that case, the amount exceeds 90% of that of the securities the issue of which is authorized by the by-law, the transit authority shall obtain prior authorization from the Minister of Municipal Affairs and Greater Montréal.

1977, c. 64, s. 95; 1984, c. 38, s. 142; 1999, c. 40, s. 91; 1999, c. 43, s. 13.

96. The transit authority may fix the interest rates on these loans and the dates on which they become due, determine the other conditions of the bonds, debentures, registered stock, treasury bills or other negociable securities issued or to be issued, designate any place inside or outside the country where a register may be kept for the registration or transfer of the securities hereinabove mentioned and the persons authorized to keep such register, and determine the conditions of their issue and sale.

1977, c. 64, s. 96; 1999, c. 40, s. 91.

97. Sections 7 and 8 and Divisions V to X and XII of the Act respecting municipal debts and loans (chapter D-7) apply to the transit authority.

1977, c. 64, s. 97; 1984, c. 38, s. 143; 1988, c. 84, s. 705; 1999, c. 40, s. 91.

98. The bonds, notes and other securities issued by the transit authority are authorized investments within the meaning of paragraph 2 of article 1339 of the Civil Code.

1977, c. 64, s. 98; 1999, c. 40, s. 91.

99. The municipalities whose territories are under the jurisdiction of an intermunicipal transit authority are jointly and severally liable toward the holders of bonds, notes and other securities issued by such transit authority for the repayment of such bonds, notes and other securities, in principal, interest and other accessories, and for all other obligations contracted by the transit authority towards such holders.

The preceding paragraph applies, with the necessary modifications, to every municipality whose territory is under the jurisdiction of a municipal transit authority.

1977, c. 64, s. 99; 1996, c. 2, s. 609; 1999, c. 40, s. 91.

100. The bonds, notes and other securities of the transit authority shall be signed by the president or the secretary or, if the secretary is absent or unable to act, by the person designated for such purpose by by-law of the transit authority.

1977, c. 64, s. 100.

101. The facsimile of the signature of the president may be engraved, lithographed or printed on the bonds and such facsimile has the same effect as if the signature itself had been affixed thereto.

The facsimile of the signatures of the president and of the secretary of the transit authority may be engraved, lithographed or printed on the bond coupons issued by the transit authority and such facsimile has the same effect as if the signatures themselves had been affixed thereto.

If a person whose signature or a facsimile of whose signature is affixed to a bond, note or other security of the transit authority or on a coupon, as president or secretary of the transit authority, ceases to act as such before such bond, note, other security or coupon is issued and delivered, that signature is nevertheless valid and binds the transit authority as if such person had continued to act in that capacity on the date of such issue and delivery and the signature or facsimile of the signature of any person acting in that capacity on the date when such signature or facsimile of the signature is affixed to a bond, note, coupon or other security of the transit authority binds it although on the date of such bond, coupon, note or other security, such person was not acting in that capacity.

The president or any other person authorized by resolution of the transit authority shall sign the cheques it issues. The facsimile of the signature of the president or the authorized person may be engraved, lithographed or printed on the cheques with the same effect as if the signature itself had been affixed thereto.

1977, c. 64, s. 101; 1999, c. 40, s. 91.

102. At the end of the fiscal year, the transit authority shall cause the financial report for the past fiscal year to be drawn up.

The financial report shall be drawn up on the forms furnished by the Minister of Municipal Affairs and Greater Montréal, where such is the case. It shall include the financial statements and any other information required by the Minister.

1977, c. 64, s. 102; 1984, c. 38, s. 144; 1999, c. 40, s. 91; 1999, c. 43, s. 13.

102.1. The report contemplated in section 102 must be filed during a meeting of the board of directors, at the same time as the auditor’s report transmitted under section 102.6.

1984, c. 38, s. 144.

102.2. After the filing contemplated in section 102.1 and not later than 15 April, the secretary shall transmit the financial report and the auditor’s report to the Minister of Municipal Affairs and Greater Montréal and to the Minister of Transport.

1984, c. 38, s. 144; 1999, c. 43, s. 13.

102.3. During the period extending from 1 December to 15 April, the transit authority shall appoint an auditor for the fiscal year beginning during that period. If, on 15 April, the appointment has not been made, the auditor appointed for the preceding fiscal year shall remain in office.

Every year, the secretary of the transit authority shall inform the Minister of Municipal Affairs and Greater Montréal of the name of the auditor for the current fiscal year, as soon as it is known.

1984, c. 38, s. 144; 1999, c. 40, s. 91; 1999, c. 43, s. 13.

102.4. If the office of the auditor becomes vacant before the expiry of his term, the board of directors shall fill the vacancy at the next meeting.

1984, c. 38, s. 144.

102.5. The auditor shall, for the fiscal year for which he was appointed, audit the financial statements and any other document the Minister of Municipal Affairs and Greater Montréal determines by regulation published in the Gazette officielle du Québec.

He shall transmit a report of his audit to the transit authority. He shall state in his report, in particular, whether the financial statements faithfully represent the financial position of the transit authority on 31 December and the results of its operations for the fiscal year ending on that date.

1984, c. 38, s. 144; 1999, c. 40, s. 91; 1999, c. 43, s. 13.

102.6. The auditor shall transmit his report to the secretary not later than 31 March following the expiry of the fiscal year for which he was appointed.

1984, c. 38, s. 144.

102.7. The board of directors may require any other audit it considers necessary, and require a report.

1984, c. 38, s. 144.

102.8. The transit authority shall send a copy of the financial statements and of the auditor’s report to the clerk or the secretary-treasurer of each municipality the territory of which is subject to its jurisdiction.

1984, c. 38, s. 144; 1999, c. 40, s. 91.

102.9. In no case may the following persons act as auditor of the transit authority:

(1)  a member of the board of directors;

(2)  an officer or an employee of the transit authority;

(3)  the associate of a person mentioned in paragraph 1 or 2;

(4)  a person who, during the fiscal year for which the audit is carried out, has, directly or indirectly, personally or through his associate, any participation, interest or commission in or under a contract with the transit authority or in relation to such a contract, or who derives any benefit from the contract, unless his connection with the contract arises from the practice of his profession.

1984, c. 38, s. 144; 1999, c. 40, s. 91.

102.10. The Minister of Municipal Affairs and Greater Montréal may order, if he considers it necessary, the appointment of an auditor other than the auditor appointed under section 102.3, and require a report from him.

1984, c. 38, s. 144; 1999, c. 43, s. 13.

103. For the purposes of the Act respecting municipal taxation (chapter F-2.1), the transit authority is deemed a transit authority.

1977, c. 64, s. 103; 1979, c. 72, s. 490; 1993, c. 67, s. 115; 1999, c. 40, s. 91.

104. The transit authority shall send to the Commission municipale du Québec any and all documents or information the latter may require relating to the budget of its passenger transit system.

1977, c. 64, s. 104; 1999, c. 40, s. 91.

105. The transit authority shall also send a quarterly report of its activities to the clerk or the secretary-treasurer of each municipality whose territory is subject to its jurisdiction.

1977, c. 64, s. 105; 1999, c. 40, s. 91.

CHAPTER VI PENAL PROVISIONS

1992, c. 61, s. 238.

106. Whoever, without the authorization of the transit authority, uses, in any manner whatsoever, the name of the transit authority, its crest or its graphic symbol is guilty of an offence.

1977, c. 64, s. 106; 1999, c. 40, s. 91.

107. Whoever contravenes any provision of this Act or of the regulations hereunder or any by-law, resolution or order of the transit authority is guilty of an offence and is liable,

(a)  for every offence, to a fine of not more than $100; and

(b)  for any subsequent conviction, to a fine not exceeding $500.

1977, c. 64, s. 107; 1990, c. 4, s. 349; 1999, c. 40, s. 91.

108. (Repealed).

1977, c. 64, s. 108; 1992, c. 61, s. 239.

109. Penal proceedings for an offence under a provision of this Act may be instituted before any municipal court having jurisdiction over the territory under the jurisdiction of the transit authority.

The transit authority may institute penal proceedings and, in such a case, the fine belongs to the transit authority.

The costs relating to proceedings instituted before a municipal court belong to the municipality under the jurisdiction of that court, except the part of the costs remitted to another prosecuting party by the collector under article 366 of the Code of Penal Procedure (chapter C-25.1), and the costs remitted to the defendant or imposed on that municipality under article 223 of the said Code.

1977, c. 64, s. 109; 1990, c. 4, s. 350; 1992, c. 61, s. 240; 1999, c. 40, s. 91.

CHAPTER VII TRANSITIONAL AND FINAL PROVISIONS

110. From the commencement of operations of a transit authority, the Commission shall neither issue nor renew any permit relating to any passenger-bus transportation service in the territory of that transit authority, except for transportation by taxi-cab.

1977, c. 64, s. 110; 1999, c. 40, s. 91.

110.1. No permit for the operation of a public transport service on a route formerly served by the transit authority may be issued by the Commission where the transit authority is serving such route pursuant to a contract made with a municipality under section 67.

In addition, no permit described in the first paragraph may be issued by the Commission where the transit authority and a municipality are negotiating such a contract.

1983, c. 45, s. 65; 1999, c. 40, s. 91.

111. Every government regulation made under this act comes into force on the date of its publication in the Gazette officielle du Québec or on any later date fixed therein.

1977, c. 64, s. 111.

112. For the purposes of section 3, the Minister may found his advice on studies undertaken before 22 December 1977.

1977, c. 64, s. 112.

113. Any time given to the transit authority by this Act for the adoption of any measure or the performance of any act may, at the request of the transit authority, be extended by the Government for a period of not over one year by order in council published in the Gazette officielle du Québec.

1977, c. 64, s. 113; 1999, c. 40, s. 91.

114. If an appointment provided for in this act is not made within the allotted time, the Government may make the appointment itself, or allow the persons having that duty to make it despite such lapse.

1977, c. 64, s. 114.

115. If a transit authority fails to pass a by-law or a resolution within the time allotted by this Act, that by-law or resolution may be passed by the Government and it is then binding on the transit authority as if it had been passed by the transit authority.

No by-law or resolution so passed by the Government may be repealed or amended except with the Government’s approval.

1977, c. 64, s. 115; 1999, c. 40, s. 91.

116. The transit authority may entrust a mandate to any other public body providing public transport to acquire equipment for the transit authority. It may also accept such a mandate where it intends to acquire the same kind of equipment for itself.

The Minister of Transport may authorize the transit authority, where it accepts a mandate under the first paragraph, to make the joint purchase of equipment without a call for tenders.

1977, c. 64, s. 121; 1983, c. 45, s. 66; 1999, c. 40, s. 91.

116.1. The transit authority is not entitled to any indemnity for the loss of its right to supply a public transport service outside the territory under its jurisdiction on a route formerly served by the holder of a public transport permit from which the transit authority has acquired the undertaking.

1983, c. 45, s. 66; 1999, c. 40, s. 91.

117. Every municipal or intermunicipal transit authority is deemed listed in the Schedule to the Charter of the French language (chapter C-11).

1977, c. 64, s. 122; 1999, c. 40, s. 91.

117.1. The provisions of Division XIII.1 of the Cities and Towns Act (chapter C-19) apply, with the necessary modifications, to every intermunicipal transit authority.

1996, c. 27, s. 145; 1999, c. 40, s. 91.

118. The Minister is responsible for the application of this act.

1977, c. 64, s. 124.

119. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 64 of the statutes of 1977, in force on 31 December 1977, is repealed, except sections 116, 118 to 120, 123 and 125, effective from the coming into force of chapter C-70 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 116 of chapter 64 of the statutes of 1977, in force on 1 January 1984, is repealed effective from the coming into force of the updating to 1 January 1984 of chapter C-70 of the Revised Statutes.