193. The payment of the Transit Commission’s operating deficits, including those which result from the payment of interest on and amortization of the loans of the Commission, shall be charged to the municipalities served by the Transit Commission’s public transport network either by the circulation of vehicles of the Transit Commission in their territory, or by any other indirect manner that the Transit Commission decides to take into account with the approval of the Government. Such deficits shall be apportioned among those municipalities in proportion to the number of kilometres travelled in the territory of each municipality during the preceding fiscal period, the sum of the number of hours during which each vehicle of the Transit Commission ran in the territory of each municipality during the preceding fiscal period, the population of each municipality or the fiscal potential of each, or any other criterion fixed by the Transit Commission and approved by the Government, or in proportion to several of those criteria.
For the purposes of the first paragraph, the fiscal potential of a municipality is equal to the sum of the amounts computed in accordance with paragraphs 1 and 2;(1) the product obtained by multiplying the sum of the amounts computed in accordance with subparagraphs a, b, c and d by the factor established by the Minister for the assessment roll of the municipality under the Act respecting municipal taxation (chapter F-2.1):(a) the total of the values entered on the roll of taxable immoveables;
(b) the total of the values entered on the roll of the immoveables contemplated in paragraph 1 of section 204 of the act mentioned above, in respect of which amounts in lieu of taxes must be paid;
(c) that part of the values entered on the roll of the immoveables contemplated in paragraphs 13 to 17 of that section and in respect of which amounts in lieu of taxes must be paid, corresponding to the percentage of the aggregate taxation rate fixed in their respect by section 255 of the act mentioned above;
(d) that part of the values entered on the roll of the immoveables contemplated in paragraph 1.1 of that section and in respect of which amounts in lieu of taxes must be paid, corresponding to the proportion between the amounts paid for the reference period if they had not been tax-exempt; for the purposes of this section, the reference period, in respect of an immoveable or a place of business, is the municipal fiscal period for which payment of the amounts in lieu of taxes in respect of that immoveable or place of business is completed;
(2) the product obtained from the multiplication by the factor established by the Minister for the roll of rental values of the municipality pursuant to the act mentioned in paragraph 1, of the amount obtained by multiplying by 5.5 the sum of the amounts computed in accordance with subparagraphs a and b:(a) the total of the values entered on the roll of rental values of the places of business in respect of which a business tax may be imposed or amounts in lieu of such a tax must be paid under section 254 of the act mentioned above;
(b) that part of the values entered on the roll of rental values of the places of business situated in an immoveable contemplated in paragraph 1.1 of section 204 of the act mentioned above, and in respect of which amounts in lieu of business tax must be paid, corresponding to the proportion between the amounts paid for the reference period and the total amount of business taxes that could have been imposed in respect of those places of business for that period if they had not been tax-exempt.
The number of kilometres covered and hours spent by the Transit Commission’s vehicles within the territory of each municipality may be determined by sampling.
The Transit Commission is not required to apportion the operating deficits connected with the various means of public transport or the operating deficits connected with various lines of a single means of public transport, among the same municipalities or according to the same criteria.
The second paragraph of section 268 applies, mutatismutandis, to this section.
1969, c. 85, s. 244; 1979, c. 72, s. 438; 1980, c. 34, s. 66; 1982, c. 2, s. 118.