s-8 - Act respecting the Société d’habitation du Québec

Updated to 19 December 2002

This document has official status.

chapter S-8

Act respecting the Société d’habitation du Québec

DIVISION I DEFINITIONS

1. In this Act, unless the context indicates a different meaning, the following expressions mean:

(a)  “municipality” : any local municipality and any regional county municipality that has affirmed its jurisdiction pursuant to article 678.0.1 or 678.0.6 of the Municipal Code of Québec (chapter C-27.1) with respect to the matters provided for in this Act;

(a.1)  “bureau” : a municipal housing bureau and a regional housing bureau;

(b)  “municipal housing bureau” or “regional housing bureau” : an association that is a legal person constituted under section 57;

(c)  “non-profit organization” : any non-profit organization or legal person and any cooperative recognized in accordance with the requirements of the by-laws of the Société;

(d)  “Société” : the Société d’habitation du Québec constituted by section 2;

(e)  “Minister” : the Minister of Municipal Affairs and Greater Montréal.

1966-67, c. 55, s. 1; 1974, c. 49, s. 1; 1977, c. 5, s. 14; 1981, c. 10, s. 22; 1982, c. 26, s. 320; 1987, c. 10, s. 1; 1996, c. 2, s. 906; 1999, c. 40, s. 273; 1999, c. 43, s. 13; 2001, c. 25, s. 172; 2002, c. 2, s. 1.

DIVISION I.1 POWERS OF THE MINISTER

1987, c. 10, s. 2.

1.1. The Minister shall devise and propose to the Government policies respecting housing and supervise and co-ordinate their application.

1987, c. 10, s. 2.

1.2. The Minister may, in particular, in co-operation with the departments, municipalities, governmental, regional or municipal bodies and any person concerned, determine requirements, priorities and objectives for all housing sectors in Québec.

1987, c. 10, s. 2; 2002, c. 2, s. 2.

1.3. The Minister shall also be responsible for the administration of the Acts respecting housing.

1987, c. 10, s. 2.

DIVISION II SOCIÉTÉ D’HABITATION DU QUÉBEC

2. There shall be a body called the “Société d’habitation du Québec”.

1966-67, c. 55, s. 2; 1977, c. 5, s. 14.

3. The objects of the Société shall be

(1)  to inform the Minister on the requirements, priorities and objectives of all housing sectors in Québec;

(2)  to stimulate the development of public and private initiatives in the field of housing and cooperation among their proposers;

(3)  to make low-rental housing available to the citizens of Québec;

(4)  to promote the development and implementation of programs of housing construction, acquisition, development, restoration and management;

(5)  to facilitate the acquisition of real property by the citizens of Québec;

(6)  to promote housing improvement.

The Société shall prepare and implement, with the authorization of the Government, programs to enable it to meet its objects.

1966-67, c. 55, s. 3; 1974, c. 49, s. 36; 1987, c. 10, s. 3; 1999, c. 40, s. 273.

3.1. Programs implemented by the Société may provide, where necessary, for financial assistance in the form of a subsidy, loan or remission granted by the Société; they may also allow the Société to grant loan guarantees. However, sums paid as a housing allowance are neither transferable nor subject to seizure.

The programs may provide for the preparation of dwellings accessible to handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights (chapter E-20.1).

Programs may provide for exclusions or preferences based on age.

The Société shall determine to which category the low rental housing dwellings situated in any one immovable or in part thereof belong with a view to reserving the allocation thereof to persons meeting the requirements for inclusion in a given group, in accordance with the provisions of the regulations made under this Act.

However, where required by exceptional circumstances, the Société may, with the authorization of the Government, implement any special program or make any modification to an existing program to take such exceptional circumstances into account. In that case, the conditions or rules of allocation may differ from those prescribed in the regulations made under this Act. The special program or modifications come into force on the date authorization is given by the Government and must be published in the Gazette officielle du Québec. In addition, the Société must, in its annual report, report the use of such exceptional power and state the reasons that warranted its use.

1987, c. 10, s. 3; 1989, c. 49, s. 1; 1999, c. 40, s. 273; 2002, c. 2, s. 3.

3.1.1. Every municipality may, if the Société so provides in a program referred to in the second paragraph of section 3, prepare a program to complement that of the Société and adopt it by by-law.

The program prepared by the municipality shall be approved by the Société before it may have effect.

1996, c. 77, s. 56; 1999, c. 40, s. 273; 2002, c. 77, s. 75.

3.2. For the pursuit of its objects, the Société may carry out or cause to be carried out research, studies, inquiries or surveys on the housing requirements and housing conditions of the population.

1987, c. 10, s. 3; 1999, c. 40, s. 273.

3.2.1. The Société may provide any stakeholder in the housing sector who so requests, for consideration and in a self-financing perspective, the expertise required to facilitate the carrying out, by the stakeholder concerned, of projects, activities or particular operations falling within the scope of the objects of the Société.

2002, c. 2, s. 4.

3.3. The Société may, with the authorization of the Government, expropriate any immovable property indicated in a program if it is expedient for the pursuit of the Société’s objects and mandates.

1987, c. 10, s. 3; 1999, c. 40, s. 273.

3.4. The Minister may, within the scope of his responsibilities and powers, issue directives to the Société respecting its aims and objectives in the performance of the functions vested in it by law; the directives must receive prior approval from the Government.

Directives issued under this section are binding on the Société.

They must be tabled before the National Assembly, if it is in session, within 15 days of their approval by the Government or, if it is not sitting, within 15 days of resumption.

Third persons are not bound to see to the application of this section, and it cannot be invoked by or against them.

1987, c. 10, s. 3; 1999, c. 40, s. 273.

3.5. Regulations made under section 57 of the Public Administration Act (chapter A-6.01) apply to the Société, except where the grant or the promise of a subsidy is made in accordance with norms approved by the Conseil du trésor.

1987, c. 10, s. 3; 1991, c. 73, s. 11; 1999, c. 40, s. 273; 2000, c. 8, s. 192.

4. The Société d’habitation du Québec is a legal person.

1966-67, c. 55, s. 4; 1987, c. 10, s. 4; 1999, c. 40, s. 273.

4.1. The Société is an agent of the State. Its property forms part of the domain of the State.

Notwithstanding the first paragraph, the Société may, with the authorization of the Government, waive immunity from seizure of its property to the extent and on the conditions determined by the Government. The performance of its obligations may be pursued against property regarding which it has waived immunity.

1987, c. 10, s. 4; 1999, c. 40, s. 273.

4.2. The Société binds only itself when it acts in its own name.

1987, c. 10, s. 4; 1999, c. 40, s. 273.

5. The head office of the Société shall be in the territory of Ville de Québec; but it may transfer it to another locality with the approval of the Government; such change shall come into force upon publication of a notice to such effect in the Gazette officielle du Québec.

The Société may hold its sittings at any place in Québec.

1966-67, c. 55, s. 5; 1996, c. 2, s. 907; 1999, c. 40, s. 273.

6. The business of the Société shall be managed by a board of directors consisting of not more than nine members appointed by the Government for a term not to exceed five years.

1966-67, c. 55, s. 6; 1977, c. 5, s. 14; 1987, c. 10, s. 5; 1999, c. 40, s. 273.

6.1. Each member of the board of directors shall remain in office after the expiration of his term until he is replaced or reappointed.

1987, c. 10, s. 5.

6.2. The Government shall appoint a chairman and a vice-chairman of the board of directors from among the members of the board of directors.

The chairman of the board of directors shall preside over the meetings of the board and direct its operations.

1987, c. 10, s. 5.

7. The members of the board of directors shall not be remunerated except in the cases, on the conditions and to the extent the Government may determine. They may be entitled to the reimbursement of the expenses incurred in the performance of their duties on the conditions and to the extent determined by the Government.

1966-67, c. 55, s. 7; 1987, c. 10, s. 5.

8. Neither any member of the board of directors nor any vice-president, under pain of forfeiture of his office, shall have any direct or indirect interest in an undertaking that puts his personal interest in conflict with that of the Société.

Such forfeiture, however, shall not be incurred if such interest devolves to him by succession or gift and he renounces or disposes of it with all possible dispatch.

1966-67, c. 55, s. 8; 1987, c. 10, s. 6; 1999, c. 40, s. 273.

9. A majority of the members of the board of directors, including the chairman or the vice-chairman and the president and chief executive officer shall constitute a quorum.

1966-67, c. 55, s. 9; 1987, c. 10, s. 7.

10. The vice-chairman of the board of directors shall replace the chairman in his absence or inability to act; subject to section 13.1, when another member of the board of directors is absent or unable to act, he may be replaced by a person appointed by the Government to perform his duties for the duration of his absence or inability to act. The person so appointed to replace him shall be entitled to an expense allowance fixed under section 7.

1966-67, c. 55, s. 10; 1987, c. 10, s. 7.

11. (Repealed).

1966-67, c. 55, s. 11; 1987, c. 10, s. 8.

12. Any vacancy occurring during the term of office of a member of the board of directors shall be filled for the unexpired portion of the term of the member to be replaced.

1966-67, c. 55, s. 12; 1987, c. 10, s. 9.

13. The Government shall appoint a president and chief executive officer from among the members of the board of directors, and he shall hold that office on a full-time basis.

The president and chief executive officer shall be responsible for the administration and direction of the Société within the scope of its by-laws.

1966-67, c. 55, s. 13; 1987, c. 10, s. 10; 1999, c. 40, s. 273.

13.1. The Government shall also appoint vice-presidents to the Société, in such number as it may determine, and they shall hold office on a full-time basis. The vice-president designated by the Government shall replace the president and chief executive officer when the latter is absent or unable to act.

1987, c. 10, s. 10; 1999, c. 40, s. 273.

13.2. The Government shall determine the salary and other conditions of employment of the president and chief executive officer and of each vice-president of the Société.

1987, c. 10, s. 10; 1999, c. 40, s. 273.

14. The secretary and other persons employed by the Société shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

The remuneration and expenditures relating to the social benefits and other conditions of employment of the officers of the Société shall be paid by the Société out of its funds.

1966-67, c. 55, s. 14; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1987, c. 10, s. 11; 1999, c. 40, s. 273; 2000, c. 8, s. 242.

15. The minutes of the sittings of the board of directors, approved by it and certified by the chairman of the board of directors or the secretary, shall be authentic; the same shall apply to documents and copies emanating from the Société or forming part of its records, when certified by the chairman of the board of directors or the secretary.

1966-67, c. 55, s. 15; 1987, c. 10, s. 12; 1999, c. 40, s. 273.

15.1. Subject to section 15.2, no deed, document or writing binds the Société or may be attributed to it unless it is signed by the president and chief executive officer, by the secretary or by a member of the personnel of the Société and, in the case of such a member, only to the extent determined by by-law of the Société adopted under subparagraph l of the first paragraph of section 86.

The president and chief executive officer, the secretary or a member of the personnel of the Société authorized to sign under the first paragraph may, by special written commission, authorize another person to sign a specified deed, document or writing in the name of the Société.

The Société may, by by-law and on the conditions it determines, allow a signature to be affixed by means of an automatic device to the documents it determines. The Société may also, subject to the conditions it determines, allow that a facsimile of such a signature be engraved, lithographed or printed.

1987, c. 10, s. 13; 1991, c. 62, s. 1; 1999, c. 40, s. 273; 2002, c. 2, s. 5.

15.2. No document issued by a person who administers a program under the provisions of an agreement referred to in section 89.1 or section 90.0.1 shall bind the Société or be attributed to it unless the document is signed by a person authorized to do so pursuant to the agreement.

2002, c. 2, s. 6.

16. The members of the board of directors and the functionaries and employees of the Société cannot be sued by reason of official acts done in good faith in the exercise of their functions.

1966-67, c. 55, s. 16; 1987, c. 10, s. 14; 1999, c. 40, s. 273.

17. Except on a question of jurisdiction, none of the recourses provided in articles 33 and 834 to 846 of the Code of Civil Procedure (chapter C-25) may be exercised, and no injunction may be granted against the Société or the members of its board of directors acting in their official capacity.

A judge of the Court of Appeal may, on a motion, quash by summary procedure any judgment, order or injunction granted contrary to this section.

1966-67, c. 55, s. 17; 1987, c. 10, s. 15; 1999, c. 40, s. 273; 2002, c. 2, s. 7.

18. (Replaced).

1966-67, c. 55, s. 18; 1999, c. 40, s. 273; 2002, c. 2, s. 7.

19. (Replaced).

1966-67, c. 55, s. 19; 1974, c. 11, s. 2; 1979, c. 37, s. 43; 2002, c. 2, s. 7.

20. A member of the board of directors or any person authorized for such purpose by the board of directors may, to ascertain compliance with this Act, and the regulations,

(1)  enter, at any reasonable time, an immovable owned by the municipality or by a person who applies for or receives assistance from the Société in the form of a loan or otherwise;

(2)  examine and make copies of the books, registers, accounts, records and other documents containing information related to the assistance provided by the Société;

(3)  require any information related to the administration of this Act and the production of any relevant document.

The member of the board of directors or the person authorized by the board of directors may require from the owner, lessee or occupant of the immovable the assistance necessary for the exercise of his functions.

1966-67, c. 55, s. 20; 1986, c. 95, s. 309; 1987, c. 10, s. 16; 1999, c. 40, s. 273.

21. It is forbidden to hinder any person acting under section 20 in the performance of his duties, to mislead him by concealment or false statement or to fail to obey any lawful order he may give; such person, if so required, shall produce a certificate from the Société attesting his authority and signed by the president and chief executive officer or any vice-president of the Société.

1966-67, c. 55, s. 21; 1987, c. 10, s. 17; 1999, c. 40, s. 273.

22. Any person contravening the provisions of section 21 shall be liable to a fine of not less than $25 nor more than $200.

1966-67, c. 55, s. 22; 1990, c. 4, s. 822.

23. The fiscal year of the Société shall end on 31 December in each year.

1966-67, c. 55, s. 23; 1974, c. 49, s. 2; 1999, c. 40, s. 273.

24. The Société shall, not later than 30 June in each year, submit to the Minister a report on its activities for its previous fiscal year; such report shall also contain all the information which the Government or the Minister may prescribe.

Such report shall be laid before the National Assembly if it is in session or, if not, within 30 days after the opening of the next session.

1966-67, c. 55, s. 24; 1968, c. 9, s. 90; 1999, c. 40, s. 273.

25. The books and accounts of the Société shall be audited by the Auditor General each year and also whenever so ordered by the Government; his reports shall accompany the annual report of the Société.

1966-67, c. 55, s. 25; 1970, c. 17, s. 102; 1999, c. 40, s. 273.

26. The Société shall give the Minister any information he may require respecting its operations.

1966-67, c. 55, s. 26; 1999, c. 40, s. 273.

DIVISION III

Repealed, 1987, c. 10, s. 18.

1987, c. 10, s. 18.

§ 1 . —

Repealed, 1987, c. 10, s. 18.

1987, c. 10, s. 18.

27. (Repealed).

1966-67, c. 55, s. 27; 1974, c. 49, s. 36; 1987, c. 10, s. 18.

28. (Repealed).

1966-67, c. 55, s. 28; 1987, c. 10, s. 18.

29. (Repealed).

1966-67, c. 55, s. 29; 1987, c. 10, s. 18.

30. (Repealed).

1966-67, c. 55, s. 30; 1987, c. 10, s. 18.

31. (Repealed).

1966-67, c. 55, s. 31; 1987, c. 10, s. 18.

§ 2 . —

Repealed, 1987, c. 10, s. 18.

1987, c. 10, s. 18.

32. (Repealed).

1966-67, c. 55, s. 32; 1974, c. 49, s. 36; 1987, c. 10, s. 18.

33. (Repealed).

1966-67, c. 55, s. 33; 1974, c. 49, s. 3; 1987, c. 10, s. 18.

34. (Repealed).

1966-67, c. 55, s. 34; 1974, c. 49, s. 4; 1987, c. 10, s. 18.

35. (Repealed).

1966-67, c. 55, s. 35; 1987, c. 10, s. 18.

36. (Repealed).

1966-67, c. 55, s. 36; 1987, c. 10, s. 18.

37. (Repealed).

1966-67, c. 55, s. 37; 1974, c. 49, s. 5; 1987, c. 10, s. 18.

38. (Repealed).

1966-67, c. 55, s. 38; 1974, c. 49, s. 6; 1987, c. 10, s. 18.

§ 3 . —

Repealed, 1987, c. 10, s. 18.

1987, c. 10, s. 18.

39. (Repealed).

1966-67, c. 55, s. 39; 1974, c. 49, s. 36; 1987, c. 10, s. 18.

40. (Repealed).

1966-67, c. 55, s. 40; 1974, c. 49, s. 7; 1977, c. 5, s. 14; 1987, c. 10, s. 18.

41. (Repealed).

1966-67, c. 55, s. 41; 1987, c. 10, s. 18.

42. (Repealed).

1966-67, c. 55, s. 42; 1974, c. 49, s. 8; 1987, c. 10, s. 18.

43. (Repealed).

1966-67, c. 55, s. 43; 1974, c. 49, s. 9; 1987, c. 10, s. 18.

§ 4 . —

Repealed, 1987, c. 10, s. 18.

1987, c. 10, s. 18.

44. (Repealed).

1966-67, c. 55, s. 44 (part); 1973, c. 38, s. 34; 1974, c. 49, s. 10 (part); 1977, c. 5, s. 14; 1984, c. 38, s. 162; 1987, c. 10, s. 18.

45. (Repealed).

1966-67, c. 55, s. 45; 1974, c. 49, s. 11; 1987, c. 10, s. 18.

46. (Repealed).

1966-67, c. 55, s. 46; 1987, c. 10, s. 18.

47. (Repealed).

1966-67, c. 55, s. 47; 1974, c. 49, s. 12; 1977, c. 5, s. 14; 1987, c. 10, s. 18.

48. (Repealed).

1966-67, c. 55, s. 48; 1977, c. 5, s. 14; 1982, c. 63, s. 244; 1984, c. 38, s. 163; 1987, c. 10, s. 18.

49. (Repealed).

1966-67, c. 55, s. 49; 1974, c. 49, s. 13; 1977, c. 5, s. 14; 1987, c. 10, s. 18.

50. (Repealed).

1966-67, c. 55, s. 50; 1974, c. 49, s. 14; 1977, c. 5, s. 14; 1987, c. 10, s. 18.

DIVISION IV HOUSING

§ 1 . — Municipal programs

51. Any municipality may, by resolution of its council, request authorization of the Société to prepare a housing program mainly intended to make housing available to persons or families of low or moderate income.

Such program must provide for the arrangement of dwelling units made accessible for the handicapped, within the meaning of the Act to secure the handicapped in the exercise of their rights (chapter E-20.1).

Such program may provide for the construction, acquisition, lease or restoration of housing, for purposes of lease or sale; it may provide for the installation of the equipment considered necessary.

Such program may provide that it will be carried out, wholly or in part, by the municipality, by a bureau or by a non-profit organization.

Such program must be elaborated on the basis of the data required by by-law of the Société.

1966-67, c. 55, s. 51; 1974, c. 49, s. 16; 1978, c. 7, s. 97; 1999, c. 40, s. 273; 2001, c. 25, s. 177.

52. With the authorization of the Société and on such conditions as it determines, any municipality and any organization constituted under section 57 may, by resolution, take an option on any immovable intended to become subject to a housing program.

1974, c. 49, s. 17; 1999, c. 40, s. 273.

53. Any municipality may, by by-law, adopt a housing program prepared under section 51.

The Société must approve or reject every program submitted to it by a municipality; it shall not approve such a program unless the latter provides, to the satisfaction of the Société, that suitable lodgings will be made available to the persons deprived of lodging by reason of the carrying out of the program, taking into account their income and that dwellings are to be made accessible for the handicapped, within the meaning of the Act to secure the handicapped in the exercise of their rights (chapter E-20.1); if the Société rejects the program, it must state the reasons for its decision and give notice thereof to the municipality.

The municipality may, with the authorization of the Société, amend by by-law the housing program submitted for approval to the Société and upon which the Société has not yet adjudicated; the municipality shall then send a copy of such by-law forthwith to the Société.

The approval of a housing program by the Société must be confirmed by the Government on the recommendation of the Conseil du trésor before it may begin to be carried out.

1966-67, c. 55, s. 52; 1974, c. 49, s. 18; 1977, c. 5, s. 14; 1978, c. 7, s. 98; 1999, c. 40, s. 273.

54. From such time as a program has been approved by the Société and confirmed by the Government, the municipality which adopted it shall have the necessary powers for carrying it out; it may, for such purpose:

(a)  acquire by expropriation or agreement, or lease wholly or in part, the immovables indicated in the program;

(b)  construct, alter, restore and equip such immovables;

(c)  alienate by emphyteusis or otherwise, any immovable acquired or constructed under this section;

(d)  hold and administer any immovable contemplated in the program or entrust its administration to any organization or person recognized by the Société on such conditions as it determines.

Nevertheless, a municipality shall not exercise the power to lease or acquire by agreement provided in subparagraph a of the first paragraph or the powers provided in subparagraph c of the said paragraph unless it is first authorized by the Société and by the Conseil du trésor.

1966-67, c. 55, s. 53; 1974, c. 49, s. 18; 1977, c. 5, s. 14; 1984, c. 38, s. 164; 1999, c. 40, s. 273.

55. Notwithstanding section 54, the Société may, before confirmation of a housing program by the Government, authorize a municipality to acquire by agreement or expropriation any immovable contemplated in the program.

1974, c. 49, s. 18; 1999, c. 40, s. 273.

56. Every acquisition by expropriation under subparagraph a of section 54 must be authorized by the Société.

1966-67, c. 55, s. 54 (part); 1973, c. 38, s. 34; 1974, c. 49, s. 19 (part); 1999, c. 40, s. 273.

56.1. A municipality may establish a social housing development fund to support any social housing development plan.

A regional county municipality that has not affirmed its jurisdiction with respect to the matters provided for in this Act under article 678.0.1 or 678.0.6 of the Municipal Code of Québec (chapter C-27.1) may nevertheless establish a social housing development fund to support any social housing development plan, in collaboration with the municipalities in its territory.

2002, c. 2, s. 8.

56.2. The object, constitution and administration of the fund must be consistent with the following rules:

(1)  the fund shall be established for the carrying out of projects consistent with a social housing program implemented under this Act and identified for that purpose by the Société, or for a social housing program having received prior approval from the Société;

(2)  the fund may be made up of the following:

(a)  the money paid into the fund annually by the municipality or the regional county municipality, including interest, in the amount and according to the terms and conditions the Société determines; and

(b)  gifts, legacies and other contributions paid into it to further the achievement of the objects of the fund; and

(3)  the municipality or, as the case may be, the regional county municipality, shall pay into the fund annually the basic contribution previously determined by the Société to enable the building of social housing in its territory and, on request, shall provide the Société with any information required as regards the carrying out of such projects.

2002, c. 37, s. 250.

56.3. The rules set out in paragraphs 1 and 2 of section 56.2 apply to a social housing development fund constituted under the Charter of Ville de Gatineau (chapter C-11.1), the Charter of Ville de Lévis (chapter C-11.2), the Charter of Ville de Longueuil (chapter C-11.3), the Charter of Ville de Montréal (chapter C-11.4), the Charter of Ville de Québec (chapter C-11.5), the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01), the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02), or under an order made in accordance with the Act respecting municipal territorial organization (chapter O-9), with the necessary modifications.

2002, c. 37, s. 250.

§ 2 . — Housing bureaus

2002, c. 2, s. 9.

57. (1)  Upon receipt of a petition by a municipality or a regional county municipality that has affirmed its jurisdiction with respect to the management of social housing, the Lieutenant-Governor may issue, on such conditions as are therein set out, letters patent under the Great Seal of Québec constituting a municipal housing bureau or a regional housing bureau for the purpose of providing mainly residential dwellings to persons or families of low or moderate income.

The petition shall mention the name of the bureau, the location of its head office, the powers, rights and privileges which it shall enjoy, the rules for the exercise of its powers and the appointment of its directors and officers; the name of the bureau shall indicate, in the case of a petition presented by a local municipality, that it is a municipal housing bureau or, in the case of a petition presented by a regional county municipality, that it is a regional housing bureau.

(2)  Notice of the issuing of such letters patent shall be published in the Gazette officielle du Québec.

(3)  A bureau so constituted shall have, among other powers, those of a legal person constituted by letters patent under the Great Seal of Québec and shall be an agent of the municipality which applied for its constitution; no acquisition, lease or alienation of an immovable and no loan may be transacted unless the bureau has previously been authorized to do so by the Société.

(3.1)  A bureau so constituted may also

(a)  acquire, construct and renovate residential immovables under a housing program implemented under this Act by the Société or municipality;

(b)  administer any housing program the management of which is entrusted to it by the Société or the municipality;

(c)  administer the residential immovables the provisional administration of which is entrusted to the Public Curator;

(d)  administer the residential immovables belonging to the Société Immobilière SHQ or a non-profit organization the management of which is entrusted to the bureau pursuant to an agreement entered into with that housing authority or organization; and

(e)   implement any activity of a social or community nature that fosters the well-being of its clientele.

(4)  A bureau so constituted may, by agreement with a municipality other than that of which it is the agent, exercise its powers on behalf of such other municipality; such an agreement shall not be valid unless approved by the municipality of which the bureau is the agent and by the Société.

(5)  Upon petition by a bureau constituted under this section, the Lieutenant-Governor, by supplementary letters patent, may amend the objects and powers of such bureau and the rules established for the exercise thereof and change its name or the location of its head office in Québec. Notice of such supplementary letters patent shall then be published in the Gazette officielle du Québec.

(6)  Upon the petition of a bureau constituted under this section, the Minister may declare it dissolved on such conditions as he determines and such dissolution shall not take effect until the sixtieth day following the publication of a notice to that effect in the Gazette officielle du Québec.

1966-67, c. 55, s. 55; 1969, c. 26, s. 115; 1974, c. 49, s. 20; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 63, s. 245; 1987, c. 10, s. 19; 1999, c. 40, s. 273; 2001, c. 25, s. 173; 2002, c. 2, s. 10.

57.1. The board of directors of a bureau shall consist of a fixed number of directors, varying between five and nine, designated in accordance with the provisions of the letters patent of the bureau applicable in that respect. Such letters patent shall provide that at least two of the directors are to be elected from among all the lessees of the bureau during a meeting of lessees held for that purpose, according to the procedure determined by the lessees.

1998, c. 31, s. 101; 2001, c. 25, s. 177; 2002, c. 2, s. 11.

58. Upon petition by a municipality, the Lieutenant-Governor may, by the letters patent constituting a municipal housing bureau under section 57, enact that such bureau succeeds a bureau then existing and declare the latter dissolved, provided that the latter has agreed thereto by resolution of its director or directors or its members, as the case may be. However, such agreement is not required where the new bureau is a regional housing bureau constituted following a petition by the regional county municipality.´

Upon petition by a bureau constituted under section 57, the Lieutenant-Governor may make a similar provision in favour of the petitioning bureau which has agreed thereto by its director or directors.

The bureau succeeding the bureau dissolved shall be vested with all its rights, property and privileges and bound by its obligations from the date of issue of such letters patent; any disposition of property made in favour of the bureau dissolved is deemed to be made to the bureau succeeding it and all proceedings commenced by or against the bureau dissolved may validly be commenced or continued by or against the bureau succeeding it.

The succeeding bureau shall cause to be registered at the registry office a declaration showing the transmission of immovables resulting from this Act and the provisions of its letters patent and describing, according to law, the immovables so transmitted.

1966-67, c. 55, s. 56; 1999, c. 40, s. 273; 2001, c. 25, s. 174; 2000, c. 42, s. 219.

58.0.1. A municipal housing bureau shall be constituted in each local municipality constituted by the amalgamation of territories of local municipalities. On the date fixed by the Government, the bureau succeeds any other housing bureau then existing in those territories, which is dissolved from that date.

The first paragraph does not apply if none of the municipal territories amalgamated is served by a municipal housing bureau on the effective date of the amalgamation.

2001, c. 25, s. 175.

58.0.2. The Government may, by order, make any rule derogating from subsection 1 of section 57 that is necessary to ensure the constitution of the municipal housing bureau and the appointment of its directors and officers.

It may also order that the Société is authorized to guarantee the repayment of any loan made by such a bureau, up to the amount it fixes.

2001, c. 25, s. 175.

58.0.3. A bureau to which an order under section 58.0.2 applies may, to enable the preparation of its budget and prepare the integration of the employees of the municipal housing bureaus it is to succeed, require all the information and documents it considers necessary from those municipal housing bureaus.

2001, c. 25, s. 175.

58.0.4. Section 58.0.1 does not apply where the decision relating to the amalgamation of local municipalities so provides. In that case, the Government may, by order, make any rule derogating from subsection 1 of section 57, section 57.1 or the first paragraph of section 58 and in respect of the constitution of a new municipal housing bureau, its succeeding any existing municipal housing bureau in those territories, the number of its provisional administrators, their appointment and the appointment of its officers.

Where the amalgamation occurs during a fiscal year, the Government may, by order, make any rule applicable to the fiscal year in which the amalgamation is effected that applies to separate management of the budgets of each bureau and to separate posting of their expenditures and of their revenues, if any.

2001, c. 25, s. 175.

58.0.5. On the day on which a municipal housing bureau constituted pursuant to section 58.0.1 or 58.0.4 is to succeed an existing municipal housing bureau, the third and fourth paragraphs of section 58 apply, with the necessary modifications.

2001, c. 25, s. 175.

58.0.6. An order made under section 58.0.1, under the first paragraph of section 58.0.2 or under section 58.0.4 comes into force on the date of its publication in the Gazette officielle du Québec or on any later date fixed therein.

An order made under the second paragraph of section 58.0.2 comes into force on the date of its publication in the Gazette officielle du Québec and ceases to have effect on the date fixed pursuant to section 58.0.1.

2001, c. 25, s. 175.

58.0.7. The employees of a bureau extinguished under section 58 or 58.0.1 become, without salary reduction, employees of the new bureau and shall retain their seniority and employee benefits and, in particular, continue to be members of the pension plan in which they were members prior to the constitution of the new bureau. No such employee may be laid off or dismissed solely by reason of the constitution of the new bureau.

2001, c. 25, s. 175.

58.1. Bureaus may, where authorized by the Minister, be amalgamated.

Bureaus which propose to amalgamate may enter into an agreement for that purpose setting out the terms and conditions of the amalgamation and the manner in which it will be carried out and containing the information required by subsection 1 of section 57 and any other information required for the carrying out of the amalgamation and for the administration and operation of the new bureau.

Any bureaus having entered into such an agreement may, by a joint petition, request the Lieutenant-Governor to issue letters patent confirming the amalgamation.

The petition must include

(1)  favorable recommendations from the Société and from each municipality having requested the constitution of the petitioning bureaus;

(2)  an authenticated copy of the agreement and of the resolution of the board of directors of each of the petitioning bureaus authorizing the entering into of the agreement;

(3)  the authorization of the Minister.

The Lieutenant-Governor may, on the conditions set out in the petition, issue letters patent to constitute the bureau resulting from the amalgamation as an association with legal personality. Subsections 1 and 2 of section 57, adapted as required, apply to the constitution of the new bureau. As of the date of issue of the letters patent, the petitioning bureaus shall be amalgamated and shall form a single bureau under the name stated in the letters patent. The bureau is the agent of each municipality having requested the constitution of the amalgamated bureaus.

The newly constituted bureau shall possess all the property, rights, privileges and franchises, and be subject to all the contracts, liabilities, disabilities and duties of each of the bureaus so amalgamated.

All rights of creditors against the property of the amalgamated bureaus, and all liens upon their property shall be unimpaired by the amalgamation. All debts and obligations of the bureaus shall, from the date of issue of the letters patent, attach to the newly constituted bureau, and may be enforced against it and be made executory to the same extent as if such debts and obligations had been contracted by it.

Subsections 3 to 6 of section 57 and section 58, with the necessary modifications, apply to the bureau resulting from the amalgamation.

1997, c. 93, s. 145; 1999, c. 40, s. 273; 2001, c. 25, s. 178.

§ 2.1 . — Association of lessees

2002, c. 2, s. 12.

58.2. Any lessee of a dwelling administered by a bureau has the right to belong to an association of lessees and to take part in the creation, the activities and the administration of such an association.

The bureau must recognize any association of lessees that conforms to the directives issued by the Société.

2002, c. 2, s. 12.

§ 2.2 . — Accessibility of services

2002, c. 2, s. 12.

58.3. A bureau must provide accessible and quality assistance and information services to the lessees of its dwellings and to any person wishing to lease such a dwelling. The services must be available at the head office of the bureau and at any other location the bureau determines. In the latter case, the bureau shall inform them of the location and the services provided.

2002, c. 2, s. 12.

§ 2.3 . — Advisory committee and sector committees

2002, c. 2, s. 12.

58.4. Every bureau must establish an advisory committee of residents. The committee shall consist of a maximum of 25 members chosen from among the persons residing in dwellings in housing administered by the bureau. The two lessees elected as directors of the bureau shall be members of the committee. The other members shall be appointed by the associations of lessees recognized by the bureau or, if there is no such association, by the bureau. However, in the case of a bureau referred to in section 58.6, the members shall be appointed by the lessees who sit on the sector committees.

2002, c. 2, s. 12.

58.5. The advisory committee must foster the participation of persons residing in the dwellings in activities of a social or community nature implemented or recognized by the bureau and promote their associative life.

The advisory committee may make the representations it considers appropriate to the bureau on any matter of common interest concerning building maintenance, service quality and accessibility, occupancy rules, the bureau’s budgetary decisions and the planning of major improvement and modernization work. It may also make representations on any matter relating to social or community development.

2002, c. 2, s. 12.

58.6. A bureau that administers more than 2,000 dwellings must establish sector committees. Each committee shall consist of members appointed by the bureau from among its personnel and of members chosen from among the persons residing in dwellings in housing administered by the bureau.

Each association of lessees recognized by the bureau shall appoint one member for every immovable occupied by the lessees it represents, up to three members.

A sector committee may retain the services of a resource person to preside over any meeting to be held.

2002, c. 2, s. 12.

58.7. The mandate of the sector committee is to see to the improvement of the services provided directly to residents. For that purpose, the committee may examine the requests and complaints submitted to it on any matter relating to building maintenance and service quality. The committee may submit to the bureau any recommendation necessary to remedy a problem and any advice relating to the planning of major work and to social or community development.

2002, c. 2, s. 12.

§ 3 . — Financing of municipal programs

59. Any municipality which has obtained the authorization of the Société to carry out a program contemplated in section 51 or for the purposes of section 54 may, for the carrying out of such program, contract loans for a term not exceeding 50 years, by a by-law requiring only the approval of the Minister of Municipal Affairs and Greater Montréal, who may authorize the municipality to give such guarantees as he may determine.

1966-67, c. 55, s. 57; 1974, c. 49, s. 21; 1977, c. 5, s. 14; 1982, c. 63, s. 246; 1984, c. 38, s. 165; 1999, c. 40, s. 273; 1999, c. 43, s. 13.

60. With the authorization of the Government upon the recommendation of the Conseil du trésor and on such conditions as the Government determines, the Société may:

(a)  grant allowances for the occupancy of housing by persons or families of low income evicted from housing accommodation as a consequence of the carrying out of a housing program or the acquisition of immovables provided for in section 54;

(b)  make loans to municipalities and to bureaus and grant them subsidies for the carrying out of housing programs and for the acquisition of immovables provided for in section 54;

(c)  grant subsidies to municipalities or bureaus to assist them in defraying the operating cost of the buildings which they administer.

The Société may grant loans to any bureau to pay for any expenditures necessary for the protection of the Société’s investments.

1966-67, c. 55, s. 58; 1974, c. 49, s. 22; 1977, c. 5, s. 14; 1987, c. 10, s. 20; 1999, c. 40, s. 273; 2001, c. 25, s. 177, s. 178.

61. Any municipality may, jointly with the Société, exercise the powers provided in paragraph a of section 60; subject to the same condition a municipality may also make loans to a bureau constituted under section 57 or acting on its behalf under an agreement made in accordance with this Act, for the carrying out of a duly authorized program, and grant it subsidies to assist it in defraying the cost of acquiring, constructing and operating buildings.

1966-67, c. 55, s. 59; 1974, c. 49, s. 23; 1999, c. 40, s. 273; 2001, c. 25, s. 176.

62. Any municipality and any bureau constituted under section 57 must apply the proceeds of any alienation of immovables acquired for carrying out a duly authorized program, to the repayment of the loans contracted with the Société under paragraph b of section 60 or the subsidies granted under paragraph c of that section.

1966-67, c. 55, s. 60; 1974, c. 49, s. 24; 1991, c. 62, s. 2; 1999, c. 40, s. 273; 2001, c. 25, s. 177.

63. Every bureau which owns or administers an immovable under this Act must pay in respect thereof any tax that may be exigible from any landowner in the territory of the municipality, excluding any surtax that may be levied on the amount of assessment.

If, in the territory of a municipality, the school taxes are levied at different rates, the lower rate applies.

Every municipality which owns low rental housing and administers it itself must pay in respect of such housing all the taxes that may be exigible from any bureau in the territory of the municipality, except the municipal taxes.

1966-67, c. 55, s. 61; 1974, c. 49, s. 25; 1996, c. 2, s. 908; 2001, c. 25, s. 177.

§ 4 . —

Repealed, 1987, c. 10, s. 21.

1987, c. 10, s. 21.

64. (Repealed).

1966-67, c. 55, s. 62; 1974, c. 49, s. 25; 1977, c. 5, s. 14; 1987, c. 10, s. 21.

§ 5 . —

Repealed, 1979, c. 48, s. 124.

1979, c. 48, s. 124.

65. (Repealed).

1966-67, c. 55, s. 63; 1974, c. 49, s. 26, s. 36; 1979, c. 48, s. 124.

66. (Repealed).

1966-67, c. 55, s. 64; 1974, c. 49, s. 27, s. 36; 1979, c. 48, s. 124.

67. (Repealed).

1966-67, c. 55, s. 65; 1979, c. 48, s. 124.

68. (Repealed).

1966-67, c. 55, s. 66; 1974, c. 49, s. 28; 1979, c. 48, s. 124.

§ 6 . — Effects of financial assistance

1991, c. 62, s. 3.

68.1. No low-rental housing immovable operated under an agreement between the Société and the owner of the immovable may be alienated, and no hypothec or servitude may be instituted on such an immovable, except with the authorization of the Société. This prohibition shall subsist, even after the expiration of the operating agreement, until the Société grants release of the administrative encumbrance established under section 68.6.

1991, c. 62, s. 3; 1999, c. 40, s. 273.

68.2. An owner who intends to alienate a low-rental housing immovable or to encumber it with a hypothec or servitude must, beforehand, give a notice of intention to the Société by registered mail.

The notice shall state the name of the owner of the immovable and his address, the name of the acquirer, assignee or future beneficiary, as the case may be, and his address, and shall include a description of the immovable in accordance with the Civil Code; in the case of a judicial sale or a sale by judicial authority, the notice shall include the date and the place of the sale. In addition, the notice shall indicate the nature of the right in question, the conditions of the alienation, hypothec or servitude and the prestation agreed upon, if any. In the case of a sale, the price of the immovable shall not be greater than its market value.

1991, c. 62, s. 3; 1999, c. 40, s. 273.

68.3. The Société may acquire the low-rental housing immovable in preference to any other acquirer, on the conditions and for the prestation indicated in the notice given under section 68.2, less the amount of the subsidies paid by the Société for the construction and operation of the immovable.

Within 60 days of receipt of the notice, the Société must, by registered mail, inform the owner of its intention to exercise its right of pre-emption on the conditions and for the prestation indicated in the notice; if the Société fails to do so, it is deemed to have waived its right of pre-emption.

The Société must, where a hypothec or servitude is to be instituted, inform the owner, by registered mail, of its decision as regards the request for authorization, within 60 days of receipt of the notice.

1991, c. 62, s. 3; 1999, c. 40, s. 273.

68.4. Within 60 days after the expiration of the period provided for in section 68.3, the owner may, without the Société’s authorization, alienate the immovable in favour of the person mentioned in the notice given to the Société on the same conditions and for the prestation required of that person or, with the Société’s authorization, encumber the immovable with a hypothec or servitude. In the case of a transfer by onerous title, the proceeds of alienation must first be applied to the repayment of the amount of the subsidies paid by the Société for the construction and operation of the immovable.

The owner must forward a copy of the deed of alienation or of the deed instituting a hypothec or servitude to the Société within 15 days after its registration at the registry office.

The Société may, on request, extend the time limit provided for in the first paragraph to permit the completion of the alienation or the institution of the hypothec or servitude.

1991, c. 62, s. 3; 1999, c. 40, s. 273.

68.5. The alienation of a low-rental housing immovable and any hypothec or servitude instituted on such an immovable in contravention of sections 68.1 to 68.4, are absolutely null.

The Société may, if a low-rental housing immovable has been alienated or encumbered with a hypothec or servitude in violation of its right of pre-emption or without its authorization, apply to the Superior Court within one year from the time it becomes aware of the alienation, hypothec or servitude to demand that it be declared null.

1991, c. 62, s. 3; 1999, c. 40, s. 273.

68.6. Every low-rental housing immovable within the meaning of section 68.1 is, by operation of law, encumbered with an administrative encumbrance for the protection of low-rental housing which shall subsist after the expiration of the operating agreement between the owner and the Société. The administrative encumbrance imposes on the owner the obligation to retain the immovable and prohibits him from changing its destination; it is subject to publicity and may be set up against third parties by the registration of a notice to that effect in the land register. The Société may, however, grant release of the administrative encumbrance by means of a notice.

The application for registration of the notice granting release of the encumbrance removes the owner’s obligation to obtain the authorization required by section 68.1 and extinguishes the Société’s right of pre-emption.

1991, c. 62, s. 3; 1999, c. 40, s. 273.

68.7. The Société may apply to the Superior Court for an injunction ordering any person not fulfilling his obligations under section 68.6 to take the steps required to restore the immovable to its former destination or to cease the commission of acts which are inconsistent with such destination.

The Société is dispensed from the obligation to furnish security to obtain an injunction under this section.

1991, c. 62, s. 3; 1999, c. 40, s. 273.

68.8. Article 2995 of the Civil Code does not apply to notices under section 68.6.

1991, c. 62, s. 3; 1999, c. 40, s. 273.

68.9. The provisions of sections 68.1 to 68.8 take precedence over any stipulation to the contrary contained in an operating agreement between the Société d’habitation du Québec and a non-profit organization or a housing cooperative, even prior to 13 November 1991.

1991, c. 62, s. 3.

68.10. The provisions of sections 68.1 to 68.8 cease to apply to an owner of a low-rental housing immovable who holds a right of emphyteusis granted by a municipality or a public body on the land on which the immovable is situated, on the date on which that right is extinguished.

1991, c. 62, s. 3.

DIVISION V NEIGHBOURHOOD IMPROVEMENT PROGRAMS AND LAND CLEARANCE PROGRAMS

69. The Government shall determine, by regulation, the criteria of elaboration and the elements of programs of neighbourhood improvement and programs of land clearance.

Such regulation shall be published in the Gazette officielle du Québec and shall come into force from such publication or on any later date fixed therein.

1974, c. 49, s. 29.

70. Any municipality may, with the authorization of the Minister, prepare for any part of its territory a program of neighbourhood improvement or make, with any person or any group of persons it designates, a contract for the preparation of such a program.

1974, c. 49, s. 29.

71. Any municipality may, by by-law, adopt the program of neighbourhood improvement contemplated in section 70.

The program must provide that suitable housing shall be made available to the persons or families evicted from housing accommodation as a consequence of the carrying out of the program, taking into account their income.

Such by-law must, before coming into force, be approved by the Minister, who may, before approving it, order that a public hearing be held by any person he designates and in the manner he determines, for the purpose of hearing the persons who wish to express their views on the subject.

1974, c. 49, s. 29.

72. Every program of neighbourhood improvement must be ratified by the Government.

1974, c. 49, s. 29.

73. From such time as the program is confirmed in accordance with section 72, the municipality has the powers required to carry out such program in the manner therein indicated; the municipality may, in particular, acquire by expropriation or by agreement, hold, lease and alienate, by emphyteusis or otherwise, following a call for public tenders or by agreement, any immovable the acquisition of which is provided for in the program, and carry out the necessary works of demolition and clearing.

The acquisitions, leases, or alienations by agreement provided for in a program financed by the Société require the authorization of the Société.

Every acquisition by expropriation must be authorized by the Société if the carrying out of the program is financed by the Société.

Any immovable acquired under a program may, from the end of the program, be alienated without the Société’s authorization.

1973, c. 38, s. 34; 1974, c. 49, s. 29 (part); 1977, c. 5, s. 14; 1984, c. 38, s. 166; 1987, c. 10, s. 22; 1999, c. 40, s. 273.

74. Any municipality may, for the preparation or the carrying out of a program of neighbourhood improvement, contract loans for a term not exceeding 25 years, by a by-law requiring only the approval of the Minister of Municipal Affairs and Greater Montréal, who may authorize the municipality to give such guarantees as he may determine.

1974, c. 49, s. 29; 1977, c. 5, s. 14; 1982, c. 63, s. 247; 1984, c. 38, s. 167; 1999, c. 43, s. 13.

75. (Repealed).

1974, c. 49, s. 29; 1987, c. 10, s. 23.

76. Sections 70 to 74 apply with the necessary modifications to a program of land clearance.

1974, c. 49, s. 29; 1987, c. 10, s. 24.

DIVISION VI LAND ACQUISITION AND DEVELOPMENT PROGRAMS AND NEW COMMUNITIES ESTABLISHMENT PROGRAMS

77. The Government shall, by regulation, determine the criteria of elaboration and the elements of programs of land acquisition and development intended to enable the municipalities to acquire, develop and resell lands or immovables for housing or related purposes and the criteria of elaboration and the elements of programs of establishment of new communities.

Such regulation shall be published in the Gazette officielle du Québec and shall come into force from such publication or on any later date fixed therein.

1974, c. 49, s. 29.

78. Any municipality may, with the authorization of the Minister, prepare a program of land acquisition and development or make, with any person or any group of persons it designates, a contract for the preparation of such a program.

It may also, with the same authorization, take an option on any land or immovable susceptible of becoming subject to its program and make thereof any necessary plotting, analysis and survey.

1974, c. 49, s. 29.

79. Any municipality may, by by-law, adopt the program contemplated by section 78.

The program must provide that suitable housing shall be made available to the persons or families evicted from housing accommodation as a consequence of the carrying out of the program, taking into account their income.

Such by-law must, before coming into force, be approved by the Minister who may, before approving the by-law, order that a public hearing be held by any person he designates and in the manner he determines, for the purpose of hearing the persons who wish to express their views on the subject.

1974, c. 49, s. 29.

80. Every program of land acquisition and development must be confirmed by the Government.

1974, c. 49, s. 29.

81. From such time as the program is confirmed in accordance with section 80, the municipality has the powers required to carry out such program in the manner therein indicated; the municipality may, in particular:

(a)  acquire by expropriation or by agreement the lands or immovables the acquisition of which is provided for in the program;

(b)  hold, lease and administer the lands or immovables acquired under subparagraph a;

(c)  alienate by emphyteusis or otherwise any land or immovable contemplated in its program;

(d)  develop the lands or immovables, instal thereon the required public utilities and the recreational or social facilities provided for in the program;

(e)  carry out the necessary works of demolition and clearing.

The acquisitions, leases, or alienations by agreement provided for in a program financed by the Société require the authorization of the Société.

Every acquisition by expropriation must be authorized by the Société if the carrying out of the program is financed by the Société.

Any immovable acquired under a program may, from the end of the program, be alienated without the Société’s authorization.

1973, c. 38, s. 34; 1974, c. 49, s. 29 (part); 1977, c. 5, s. 14; 1984, c. 38, s. 168; 1987, c. 10, s. 25; 1999, c. 40, s. 273.

82. Any municipality may, for the preparation or the carrying out of a program of land acquisition and development, contract loans for a term not exceeding 50 years, by a by-law requiring only the approval of the Minister of Municipal Affairs and Greater Montréal, who may authorize the municipality to give such guarantees as he may determine.

1974, c. 49, s. 29; 1977, c. 5, s. 14; 1982, c. 63, s. 248; 1984, c. 38, s. 169; 1999, c. 43, s. 13.

83. (Repealed).

1974, c. 49, s. 29; 1987, c. 10, s. 26.

84. Sections 78 to 82 apply, with the necessary modifications, to the programs of establishment of new communities.

1974, c. 49, s. 29.

85. (Repealed).

1974, c. 49, s. 29; 1987, c. 10, s. 27.

DIVISION VI.1 PROVISIONAL ADMINISTRATION

1996, c. 57, s. 1.

85.1. The provisions of this division apply to agencies, hereinafter referred to as “housing agencies”, endowed with juridical personality which, pursuant to this Act or the regulatory instruments hereunder or to a housing program implemented under this Act or administered by or on behalf of the Société, receive financial assistance granted for the purposes of the operation and maintenance of residential immovables.

1996, c. 57, s. 1; 1999, c. 40, s. 273.

85.2. The Minister may, after taking cognizance of facts revealed as a result of actions taken to ascertain compliance with the law, and after giving the directors of the housing agency concerned an opportunity to present their observations in writing on those facts within 15 days of receipt of a written notice of the Minister to that effect, suspend the powers of the directors from the date he determines, for a period not exceeding 120 days, and appoint provisional administrators to exercise the powers of the directors during the suspension, if the facts give him cause to believe

(1)  that the directors have been seriously remiss in the performance of the obligations imposed by the Civil Code on administrators of a legal person, of the obligations imposed on them under this Act or under a regulation hereunder, or of the obligations arising out of a housing program or agreement under the terms of which the agency receives financial assistance;

(2)  that there has been a grievous offence, in particular malfeasance or breach of trust on the part of one or more of the directors or other officers of the agency;

(3)  that one or more of the directors or other officers of the agency has performed an act that is inconsistent with the rules of sound management applicable to an agency that receives financial assistance paid out of public funds;

(4)  that the agency has engaged in practices that are inconsistent with the objectives or standards of the housing program under which financial assistance is granted to it.

The decision of the Minister, with reasons, shall be sent with dispatch to the directors of the housing agency. In addition, a notice of the decision shall be published in the Gazette officielle du Québec.

1996, c. 57, s. 1.

85.3. The provisions of the agency’s constituent Act or of an Act applicable to the agency are without effect during the provisional administration if, under those provisions, the validity of an act performed by the board of directors is subject to the authorization or approval of the meeting of the members.

1996, c. 57, s. 1.

85.4. The provisional administrators shall, not less than 30 days before the date on which their term is to expire, file a report with the Minister setting out their findings and recommendations. The report must contain any information the Minister requires.

1996, c. 57, s. 1.

85.5. The Minister may, after examining the provisional administrators’ report, and where he considers it warranted to remedy a situation described in subparagraphs 1 to 4 of the first paragraph of section 85.2 or to prevent the reoccurrence of a situation,

(1)  extend the provisional administration for not more than 90 days, or terminate it, on the conditions he determines;

(2)  order, on the conditions he determines, a reorganization of the agency’s structure and activities;

(3)  dismiss from office one or more directors of the housing agency whose powers have been suspended and see to the appointment or election of new directors.

Any extension of the provisional administration may, for the same reasons, be renewed by the Minister provided that no extension exceeds 90 days.

If the provisional administrators’ report does not establish the presence of a situation described in subparagraphs 1 to 4 of the first paragraph of section 85.2, the Minister shall immediately terminate the provisional administration.

Every decision of the Minister shall contain reasons and be sent with dispatch to the directors of the housing agency.

1996, c. 57, s. 1.

85.6. The provisional administrators shall, at the end of their administration, give a final account to the Minister. The account must give sufficient detail to enable its accuracy to be verified and must be accompanied with the books and vouchers relating to their provisional administration.

1996, c. 57, s. 1.

85.7. The costs, fees and expenses of the provisional administration shall be borne by the housing agency in whose respect they were incurred, unless the Minister decides otherwise.

1996, c. 57, s. 1.

85.8. No proceedings may be brought against the provisional administrators acting in the exercise of the powers and duties conferred on them under this division in respect of an act performed in good faith while exercising those powers and duties.

1996, c. 57, s. 1.

85.9. No extraordinary recourse provided for in articles 828 to 846 of the Code of Civil Procedure (chapter C-25) may be exercised nor any injuction granted against the provisional administrators acting in the exercise of the powers and duties conferred on them under this division.

A judge of the Court of Appeal may, on a motion, summarily quash any judgment, writ, order or injunction delivered or granted in contravention of this section.

1996, c. 57, s. 1.

85.10. In the annual report tabled by the Minister on the activities of his department, the Minister shall under a special heading report on the application of this division.

1996, c. 57, s. 1.

DIVISION VII BY-LAWS

86. In addition to the regulatory powers assigned to it by this Act, the Société may, by by-law:

(a)  (paragraph repealed);

(b)  determine the conditions upon which it may authorize the municipalities, bureaus and organizations or persons recognized by it to undertake or cause to be undertaken studies and research on renewal or housing, or to undertake or cause to be undertaken the works for the preparation of programs the preparation of which is undertaken under this Act;

(c)  (paragraph repealed);

(d)  fix the minimum conditions of provision of alternate housing accommodation to be fulfilled by any person who obtains an authorization, approval, subsidy, allowance or loan from the Société, with respect to the persons or families dispossessed as a consequence of the carrying out of a program provided for by this Act;

(e)  (paragraph repealed);

(f)  (paragraph repealed);

(g)  establish the conditions upon which leases may be taken or granted by a municipality, a bureau or by any organization or person who obtains a loan, subsidy or allowance for the carrying out of a housing program and define the conditions to which deeds of alienation of immovables held under this Act shall be subject;

(h)  establish standards for the recognition of non-profit organizations and the conditions upon which such recognition shall be maintained, including the inspections which they must undergo, the reports that they must make to it and the information that such reports must contain, the books, registers and accounts that they must keep, and the administrative standards with which they must comply;

(i)  (paragraph repealed);

(j)  determine the amount of the fees payable on any application for approval or for a loan made under this Act;

(k)  define the expressions “person or family of low income”, “person or family of moderate income”, “low-rental housing”; “related purposes” for the purposes of section 77;

(l)  adopt by-laws for its internal management and the conduct of its affairs and, if necessary, delegate certain powers conferred upon it by this Act to the president and chief executive officer, the secretary or another member of its personnel;

(m)  determine the dwelling units that are to be made accessible for the handicapped within the meaning of the Act to secure the handicapped in the exercise of their rights, in view of the approval of a housing programme under section 53;

(n)  establish categories and subcategories of dwellings in low rental housing according to physical characteristics or with a view to reserving, to such extent as may be prescribed, the allocation of dwellings situated in any one immovable or in part thereof to persons meeting the requirements prescribed by by-law for inclusion in a given group;

(o)  establish conditions or criteria governing acceptance of lease applications and determining eligibility for a dwelling belonging to a given category or subcategory of dwellings in low rental housing;

(p)  establish conditions or criteria governing the allocation of dwellings in low rental housing or of such dwellings of a given category or subcategory, including conditions or criteria to be used for the classification of eligible persons, and determine the weighting of those criteria;

(q)  exclude certain persons from eligibility for the leasing or allocation of dwellings in low rental housing or of such dwellings of a given category or subcategory, or exempt certain persons from the application of certain conditions or criteria established pursuant to subparagraph n, o or p;

(r)  confer on the lessor of a dwelling in low rental housing, in respect of such elements and to such extent as may be prescribed, the power to establish, by by-law, conditions, criteria or cases of exclusion or exemption other than, or in addition to, those established pursuant to subparagraph n, o, p or q and to determine, in the same manner, the weighting of his own criteria or those of the Société;

(s)  require that persons entered on the list of eligible persons communicate to the lessor of low rental housing information and documents which are necessary to him in the performance of his functions as lessor;

(t)  establish conditions according to which the lessor of low rental housing shall keep the register of applications and the list of eligible persons, as well as the period of validity of the list and the circumstances in which the lessor may remove a person’s name from the list or vary his classification;

(u)  confer on the lessor, to such extent as may be prescribed, the power to establish, by by-law, a smaller selection territory within the territory he serves and, if expedient, to keep more than one register of applications and more than one list of eligible persons;

(v)  establish a procedure for the selection of lessees of low rental housing and provide for the establishment, by the lessor, of a committee responsible for performing functions determined by by-law with respect to the examination of applications, regulate the composition and operation of the committee and determine the maximum term of office of its members;

(w)  establish, having regard to the size of the bureaus, the number of their employees or the diversity of their activities, the management documents and supporting documents to be produced to the Société and determine the terms and conditions of their production.

The by-laws relating to matters referred to in subparagraphs g, n to r and t of the first paragraph may, subject to the Charter of human rights and freedoms (chapter C-12) and the Canadian Charter of Rights and Freedoms (Part I of Schedule B to the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom), include distinctions, exclusions or preferences based on age, handicap or any element pertaining to the situation of a person.

The by-laws of the Société may prescribe, as a condition for acceptance of an application for leasing, the use of the form established by the Société or the form established by the lessor and approved by the Société.

The by-laws made by the lessor pursuant to the by-laws of the Société shall be submitted to the Société for approval.

1966-67, c. 55, s. 67; 1974, c. 49, s. 30; 1978, c. 7, s. 99; 1979, c. 48, s. 125; 1987, c. 10, s. 28; 1989, c. 49, s. 2; 1991, c. 62, s. 4; 1999, c. 40, s. 273; 2001, c. 25, s. 177, s. 178; 2002, c. 2, s. 13.

86.1. The Société may, by regulation, establish a code of ethics applicable to its employees and directors and to the management of a housing bureau, and see to it that the code of ethics is observed.

The code of ethics may provide distinct rules for employees, directors and management.

2002, c. 2, s. 14.

87. The by-laws of the Société shall be subject to approval by the Government and shall come into force on the date of their publication in the Gazette officielle du Québec or on such later date as is determined therein.

1966-67, c. 55, s. 68; 1999, c. 40, s. 273.

DIVISION VIII AGREEMENTS AND FINANCIAL PROVISIONS

88. With the previous authorization of the Government and on the recommendation of the Conseil du trésor, the Société may contract loans by notes, bonds or other securities, at such rate of interest and on such other conditions as the Government may determine.

1966-67, c. 55, s. 69; 1974, c. 49, s. 31; 1977, c. 5, s. 14; 1999, c. 40, s. 273.

88.1. The Government may determine the conditions of any subsidy it grants to the Société to provide for the total or partial payment in principal and interest of any loan or other obligation of the Société.

2002, c. 37, s. 251.

89. The Government, on the recommendation of the Conseil du trésor and on such conditions as the Government determines, may:

(a)  guarantee the payment in principal and interest of any loan of the Société and the performance of any of its obligations;

(b)  authorize the Minister of Finance of Québec to advance to the Société any amount deemed necessary for the carrying out of this Act, at such rate of interest, for such time and on such other conditions as the Government may determine.

The sums which the Government may be called upon to pay under such guarantees or to advance to the Société shall be taken out of the Consolidated Revenue Fund.

1966-67, c. 55, s. 70; 1974, c. 49, s. 32; 1977, c. 5, s. 14; 1999, c. 40, s. 273.

89.1. The Société may enter into any agreement with a government department or body, a municipality or any other person or organization, relating to the administration by the Société or the other party of any program that is consistent with the objects of the Société.

The Société may, to the extent it indicates, authorize the signatory to transfer the carrying out of a part of the agreement to a third person.

2002, c. 2, s. 15.

90. According to law, the Société may make any agreement with the Government of Canada or any body thereof to facilitate the carrying out of this Act.

If the agreement could affect the economic, financial or fiscal policies of the Gouvernement du Québec, it shall be negotiated after consultation and with the authorization of the Minister of Finance and be entered into on the basis of a proposal which has received his prior approval.

The text of every agreement shall be published in the Gazette officielle du Québec and laid before the National Assembly.

For the purposes of such an agreement, the Société shall act on behalf of any municipality or bureau or any non-profit organization.

1966-67, c. 55, s. 71; 1968, c. 9, s. 90; 1971, c. 56, s. 1; 1987, c. 10, s. 29; 1988, c. 41, s. 91; 1999, c. 40, s. 273; 2001, c. 25, s. 177; 2002, c. 2, s. 16.

90.0.1. The Société may, with the authorization of the Government and in accordance with the agreement referred to in section 90, enter into an agreement entrusting a government department or body, a municipality or any person or organization with the administration of a program the management of which is entrusted to the Société by the Government of Canada or any body thereof.

The Société may, in the manner and to the extent it indicates, authorize the signatory to transfer part of the administration to a third person.

2002, c. 2, s. 17.

90.1. For the purposes of the Act respecting insurance (chapter A-32), the Act respecting the Caisse de dépôt et placement du Québec (chapter C-2), the Act respecting financial services cooperatives (chapter C-67.3), the Act respecting trust companies and savings companies (chapter S-29.01), the Cooperatives Act (chapter C-67.2), the Supplemental Pension Plans Act (chapter R-15.1), the Act respecting the sociétés d’entraide économique (chapter S-25.1), regulations made under the said Acts and article 1339 of the Civil Code, titles of indebtedness issued by the Société, and which are covered by loan insurance issued under the National Housing Act (Revised Statutes of Canada, 1985, chapter N-11) shall be regarded as bonds or other titles of indebtedness issued or guaranteed by Canada, Québec or another province of Canada.

1984, c. 47, s. 187; 1987, c. 95, s. 402; 1988, c. 64, s. 587; 1989, c. 38, s. 319; 1999, c. 40, s. 273; 2000, c. 29, s. 722.

91. (Repealed).

1966-67, c. 55, s. 72; 1974, c. 49, s. 33; 1987, c. 10, s. 30.

92. The revenues and contributions paid to the Société and the amounts recovered by the Société as repayment of loans granted by it must be allocated to the repayment of the loans and other obligations of the Société and of the advances made by the Minister of Finance under subparagraph b of section 89.

1966-67, c. 55, s. 73; 1974, c. 49, s. 33; 1987, c. 10, s. 31; 1999, c. 40, s. 273.

DIVISION IX FINAL PROVISIONS

93. Notwithstanding any inconsistent provision of this Act:

(a)  the Government may, by regulation, to the extent and on the conditions it determines, authorize the Société to take the place of the municipalities and non-profit organizations in the preparation of all the programs provided for by this Act and to carry out such programs in the place and stead of such municipalities and organization or, after agreement, with their assistance; such regulation may confer upon the Société, excluding such municipalities and organizations, all the powers conferred upon them by this Act for such purposes and determine in which cases the contracts and engagements of the Société, including those respecting the employment of the additional personnel required, shall be submitted to the approval either of the Government or of the Conseil du trésor;

(b)  the Société may, with the authorization of the Government and on such conditions as it may determine, grant subsidies for studies and research on housing and for the carrying out of experimental programs pertaining to housing.

1971, c. 56, s. 2 (part); 1974, c. 49, s. 34; 1977, c. 5, s. 14; 1987, c. 10, s. 32; 1999, c. 40, s. 273.

94. (Repealed).

1971, c. 57, s. 1; 1974, c. 49, s. 35; 1987, c. 10, s. 33.

94.1. (Repealed).

1979, c. 48, s. 126; 1987, c. 10, s. 33.

94.2. (Repealed).

1979, c. 48, s. 126; 1999, c. 40, s. 273; 2002, c. 2, s. 18.

94.3. (Repealed).

1981, c. 5, s. 1; 1987, c. 10, s. 34.

94.4. (Repealed).

1981, c. 5, s. 1; 1987, c. 10, s. 34.

94.5. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), a municipality may grant any form of financial assistance, including the granting of a tax credit, in the administration of a program under section 3 or 3.1.1.

1981, c. 5, s. 1; 1996, c. 77, s. 57.

95. The Minister of Municipal Affairs and Greater Montréal shall have charge of the carrying out of this Act.

1966-67, c. 55, s. 79; 1981, c. 10, s. 23; 1987, c. 10, s. 35; 1999, c. 43, s. 13.

96. (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 SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 55 of the statutes of 1966/1967, in force on 31 December 1977, is repealed, except sections 44 (part), 54 (part), 66e (part), 66m (part), 74 to 78, 78a (part) and 80, effective from the coming into force of chapter S-8 of the Revised Statutes.