C-11.4 - Charter of Ville de Montréal, metropolis of Québec

Section 152 Disposition versions

2002-11-25

152. Subject to this section, sections 176.1 to 176.22 of the Act respecting municipal territorial organization (chapter O-9), the third paragraph of section 176.23, and sections 176.24 to 176.26 apply, with the necessary modifications, to the amalgamations and transfers provided for in paragraph 1 in accordance with the rules set out in paragraphs 2 to 13

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

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

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

(4)  the agreement provided for in section 176.2 and the decision rendered by the Commission des relations du travail sections 176.5 and 176.9 shall not operate to modify a bargaining unit that has been granted certification under section 202 of the Act to amend the Labour Code, to establish the Commission des relations du travail and to amend other legislative provisions (2001, chapter 26) for the purpose of including therein the managers, superintendents, foremen, engineer managers or employer representatives that are, on 1 May 2001, in the employment of the Communauté urbaine de Montréal and of the other municipalities referred to in section 5 or are hired by Ville de Montréal or the Communauté urbaine de Montréal after 1 May 2001 or by the city after 1 January 2002;

(5)  the decision of the Commission des relations du travail must, in the cases provided for in sections 176.5 and 176.9, be rendered no later than 27 October 2001;

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

(7)  1 May 2001 is the reference date for the purposes of the second paragraph of section 176.5;

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

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

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

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

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

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

2000, c. 56, Sch. I, s. 152; 2001, c. 26, s. 182; 2002, c. 37, s. 47; 2001, c. 26, s. 182.

2002-06-14

152. Subject to this section, sections 176.1 to 176.22 of the Act respecting municipal territorial organization (chapter O‐9), the third paragraph of section 176.23, and sections 176.24 to 176.26 apply, with the necessary modifications, to the amalgamations and transfers provided for in paragraph 1 in accordance with the rules set out in paragraphs 2 to 13

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

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

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

(4)  the agreement provided for in section 176.2 and the decision rendered by a labour commissioner under sections 176.5 and 176.9 shall not operate to modify a bargaining unit that has been granted certification under section 202 of the Act to amend the Labour Code, to establish the Commission des relations du travail and to amend other legislative provisions (2001, chapter 26) for the purpose of including therein the managers, superintendents, foremen, engineer managers or employer representatives that are, on 1 May 2001, in the employment of the Communauté urbaine de Montréal and of the other municipalities referred to in section 5 or are hired by Ville de Montréal or the Communauté urbaine de Montréal after 1 May 2001 or by the city after 1 January 2002 ;

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

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

(7)  1 May 2001 is the reference date for the purposes of the second paragraph of section 176.5 ;

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

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

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

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

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

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

2000, c. 56, Sch. I, s. 152; 2001, c. 26, s. 182; 2002, c. 37, s. 47.

2001-07-15

152. Subject to this section, sections 176.1 to 176.22 of the Act respecting municipal territorial organization (chapter O‐9), the third paragraph of section 176.23, and sections 176.24 to 176.26 apply, with the necessary modifications, to the amalgamations and transfers provided for in paragraph 1 in accordance with the rules set out in paragraphs 2 to 13

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

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

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

(4)  the agreement provided for in section 176.2 and the decision rendered by a labour commissioner under sections 176.5 and 176.9 shall not operate to modify a bargaining unit that has been granted certification under section 203 of the Act to amend the Labour Code, to establish the Commission des relations du travail and to amend other legislative provisions (2001, chapter 26) for the purpose of including therein the managers, superintendents, foremen, engineer managers or employer representatives that are, on 1 May 2001, in the employment of the Communauté urbaine de Montréal and of the other municipalities referred to in section 5 or are hired by Ville de Montréal or the Communauté urbaine de Montréal after 1 May 2001 or by the city after 1 January 2002 ;

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

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

(7)  1 May 2001 is the reference date for the purposes of the second paragraph of section 176.5 ;

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

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

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

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

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

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

2000, c. 56, Sch. I, s. 152; 2001, c. 26, s. 182.

2000-12-20

152. Subject to this section, sections 176.1 to 176.22 of the Act respecting municipal territorial organization (chapter O‐9), the third paragraph of section 176.23, and sections 176.24 to 176.26 apply, with the necessary modifications, to the amalgamations and transfers provided for in paragraph 1 in accordance with the rules set out in paragraphs 2 to 13

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

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

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

(4)  the agreement provided for in section 176.2 and the decision rendered by a labour commissioner under sections 176.5 and 176.9 shall not operate to modify a bargaining unit that has been granted certification under the sixth paragraph of section 21 of the Labour Code (chapter C‐27) for the purpose of including therein the managers, superintendents, foremen, engineer managers or employer representatives that are, on 1 May 2001, in the employment of the Communauté urbaine de Montréal and of the other municipalities referred to in section 5 or are hired by Ville de Montréal or the Communauté urbaine de Montréal after 1 May 2001 or by the city after 1 January 2002 ;

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

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

(7)  1 May 2001 is the reference date for the purposes of the second paragraph of section 176.5 ;

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

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

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

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

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

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

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