C-37.01 - Act respecting the Communauté métropolitaine de Montréal

Section 265.1 Disposition versions

2010-06-02

265.1. (Repealed).

2000, c. 56, s. 68; 2001, c. 26, s. 180; 2002, c. 68, s. 52; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2010, c. 10, s. 126.

2009-06-17

265.1. No officer or employee of a regional county municipality whose territory is situated entirely or partially within the territory of the Communauté métropolitaine de Montréal, other than an officer or employee having entered into employment with the regional county municipality after 20 December 2000, may be laid off or dismissed solely by reason of the coming into force of the revised land use planning and development plan of the regional county municipality or in anticipation or as a result of the regional county municipality’s loss of jurisdiction in respect of land use development owing to the coming into force of the metropolitan land use and development plan of the Communauté métropolitaine de Montréal.

The secretary-treasurer of a regional county municipality referred to in the first paragraph shall, in a document transmitted to the Communauté métropolitaine de Montréal, identify the officers and employees whose services will no longer be required for a reason mentioned in the first paragraph.

Besides identifying the officers and employees concerned, the document referred to in the second paragraph must specify the nature of the officer’s or employee’s employment relationship with the regional county municipality, the main conditions of employment of the officer or employee, the date on which the services of the officer or employee will no longer be required and, as the case may be, the date on which the officer’s or employee’s employment relationship with the regional county municipality would normally have ended. Where the employment relationship results from a written contract of employment, a certified true copy of the contract must accompany the document.

From the date on which, according to the document, the services of the officer or employee are no longer required by the regional county municipality, the officer or employee shall become, without reduction in salary, an officer or employee of the Communauté métropolitaine de Montréal and shall retain his or her seniority and employee benefits.

The document referred to in the second paragraph shall be sent to the Communauté métropolitaine de Montréal not later than 30 days before the date on which, according to the document, the services of the officers and employees identified in the document are no longer required. Different documents may be successively sent, according to the different dates on which the services of the various officers or employees concerned will no longer be required.

From 20 December 2000, the regional county municipalities referred to in the first paragraph may not, without the authorization of the Minister of Municipal Affairs, Regions and Land Occupancy, increase expenditures relating to the remuneration and employee benefits of the officers or employees to whom the document referred to in the second paragraph is likely to apply, unless the increase results from the application of a clause of a collective agreement or a contract of employment in force on that date.

Any officer or employee laid off or dismissed by a regional county municipality referred to in the first paragraph who is not identified in any document referred to in the second paragraph may, if the officer or employee believes that the document should apply to him, file a complaint in writing, within 30 days of being laid off or dismissed, with the Commission des relations du travail and request it to make an inquiry and dispose of the complaint. The provisions of the Labour Code (chapter C‐27) relating to the Commission des relations du travail, its commissioners, their decisions and the exercise of their jurisdictions shall apply, with the necessary modifications.

For the purposes of this section, the non-renewal of a contract of employment is considered to be a layoff or dismissal, and Ville de Montréal, Ville de Longueuil, Ville de Laval and Ville de Mirabel are considered to be a regional county municipality.

This section ceases to have effect on the date occurring one year after the coming into force of the metropolitan land use and development plan of the Communauté métropolitaine de Montréal.

2000, c. 56, s. 68; 2001, c. 26, s. 180; 2002, c. 68, s. 52; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

2005-06-17

265.1. No officer or employee of a regional county municipality whose territory is situated entirely or partially within the territory of the Communauté métropolitaine de Montréal, other than an officer or employee having entered into employment with the regional county municipality after 20 December 2000, may be laid off or dismissed solely by reason of the coming into force of the revised land use planning and development plan of the regional county municipality or in anticipation or as a result of the regional county municipality’s loss of jurisdiction in respect of land use development owing to the coming into force of the metropolitan land use and development plan of the Communauté métropolitaine de Montréal.

The secretary-treasurer of a regional county municipality referred to in the first paragraph shall, in a document transmitted to the Communauté métropolitaine de Montréal, identify the officers and employees whose services will no longer be required for a reason mentioned in the first paragraph.

Besides identifying the officers and employees concerned, the document referred to in the second paragraph must specify the nature of the officer’s or employee’s employment relationship with the regional county municipality, the main conditions of employment of the officer or employee, the date on which the services of the officer or employee will no longer be required and, as the case may be, the date on which the officer’s or employee’s employment relationship with the regional county municipality would normally have ended. Where the employment relationship results from a written contract of employment, a certified true copy of the contract must accompany the document.

From the date on which, according to the document, the services of the officer or employee are no longer required by the regional county municipality, the officer or employee shall become, without reduction in salary, an officer or employee of the Communauté métropolitaine de Montréal and shall retain his or her seniority and employee benefits.

The document referred to in the second paragraph shall be sent to the Communauté métropolitaine de Montréal not later than 30 days before the date on which, according to the document, the services of the officers and employees identified in the document are no longer required. Different documents may be successively sent, according to the different dates on which the services of the various officers or employees concerned will no longer be required.

From 20 December 2000, the regional county municipalities referred to in the first paragraph may not, without the authorization of the Minister of Municipal Affairs and Regions, increase expenditures relating to the remuneration and employee benefits of the officers or employees to whom the document referred to in the second paragraph is likely to apply, unless the increase results from the application of a clause of a collective agreement or a contract of employment in force on that date.

Any officer or employee laid off or dismissed by a regional county municipality referred to in the first paragraph who is not identified in any document referred to in the second paragraph may, if the officer or employee believes that the document should apply to him, file a complaint in writing, within 30 days of being laid off or dismissed, with the Commission des relations du travail and request it to make an inquiry and dispose of the complaint. The provisions of the Labour Code (chapter C‐27) relating to the Commission des relations du travail, its commissioners, their decisions and the exercise of their jurisdictions shall apply, with the necessary modifications.

For the purposes of this section, the non-renewal of a contract of employment is considered to be a layoff or dismissal, and Ville de Montréal, Ville de Longueuil, Ville de Laval and Ville de Mirabel are considered to be a regional county municipality.

This section ceases to have effect on the date occurring one year after the coming into force of the metropolitan land use and development plan of the Communauté métropolitaine de Montréal.

2000, c. 56, s. 68; 2001, c. 26, s. 180; 2002, c. 68, s. 52; 2003, c. 19, s. 250; 2005, c. 28, s. 196.

2003-12-18

265.1. No officer or employee of a regional county municipality whose territory is situated entirely or partially within the territory of the Communauté métropolitaine de Montréal, other than an officer or employee having entered into employment with the regional county municipality after 20 December 2000, may be laid off or dismissed solely by reason of the coming into force of the revised land use planning and development plan of the regional county municipality or in anticipation or as a result of the regional county municipality’s loss of jurisdiction in respect of land use development owing to the coming into force of the metropolitan land use and development plan of the Communauté métropolitaine de Montréal.

The secretary-treasurer of a regional county municipality referred to in the first paragraph shall, in a document transmitted to the Communauté métropolitaine de Montréal, identify the officers and employees whose services will no longer be required for a reason mentioned in the first paragraph.

Besides identifying the officers and employees concerned, the document referred to in the second paragraph must specify the nature of the officer’s or employee’s employment relationship with the regional county municipality, the main conditions of employment of the officer or employee, the date on which the services of the officer or employee will no longer be required and, as the case may be, the date on which the officer’s or employee’s employment relationship with the regional county municipality would normally have ended. Where the employment relationship results from a written contract of employment, a certified true copy of the contract must accompany the document.

From the date on which, according to the document, the services of the officer or employee are no longer required by the regional county municipality, the officer or employee shall become, without reduction in salary, an officer or employee of the Communauté métropolitaine de Montréal and shall retain his or her seniority and employee benefits.

The document referred to in the second paragraph shall be sent to the Communauté métropolitaine de Montréal not later than 30 days before the date on which, according to the document, the services of the officers and employees identified in the document are no longer required. Different documents may be successively sent, according to the different dates on which the services of the various officers or employees concerned will no longer be required.

From 20 December 2000, the regional county municipalities referred to in the first paragraph may not, without the authorization of the Minister of Municipal Affairs, Sports and Recreation, increase expenditures relating to the remuneration and employee benefits of the officers or employees to whom the document referred to in the second paragraph is likely to apply, unless the increase results from the application of a clause of a collective agreement or a contract of employment in force on that date.

Any officer or employee laid off or dismissed by a regional county municipality referred to in the first paragraph who is not identified in any document referred to in the second paragraph may, if the officer or employee believes that the document should apply to him, file a complaint in writing, within 30 days of being laid off or dismissed, with the Commission des relations du travail and request it to make an inquiry and dispose of the complaint. The provisions of the Labour Code (chapter C‐27) relating to the Commission des relations du travail, its commissioners, their decisions and the exercise of their jurisdictions shall apply, with the necessary modifications.

For the purposes of this section, the non-renewal of a contract of employment is considered to be a layoff or dismissal, and Ville de Montréal, Ville de Longueuil, Ville de Laval and Ville de Mirabel are considered to be a regional county municipality.

This section ceases to have effect on the date occurring one year after the coming into force of the metropolitan land use and development plan of the Communauté métropolitaine de Montréal.

2000, c. 56, s. 68; 2001, c. 26, s. 180; 2002, c. 68, s. 52; 2003, c. 19, s. 250.

2002-12-19

265.1. No officer or employee of a regional county municipality whose territory is situated entirely or partially within the territory of the Communauté métropolitaine de Montréal, other than an officer or employee having entered into employment with the regional county municipality after 20 December 2000, may be laid off or dismissed solely by reason of the coming into force of the revised land use planning and development plan of the regional county municipality or in anticipation or as a result of the regional county municipality’s loss of jurisdiction in respect of land use development owing to the coming into force of the metropolitan land use and development plan of the Communauté métropolitaine de Montréal.

The secretary-treasurer of a regional county municipality referred to in the first paragraph shall, in a document transmitted to the Communauté métropolitaine de Montréal, identify the officers and employees whose services will no longer be required for a reason mentioned in the first paragraph.

Besides identifying the officers and employees concerned, the document referred to in the second paragraph must specify the nature of the officer’s or employee’s employment relationship with the regional county municipality, the main conditions of employment of the officer or employee, the date on which the services of the officer or employee will no longer be required and, as the case may be, the date on which the officer’s or employee’s employment relationship with the regional county municipality would normally have ended. Where the employment relationship results from a written contract of employment, a certified true copy of the contract must accompany the document.

From the date on which, according to the document, the services of the officer or employee are no longer required by the regional county municipality, the officer or employee shall become, without reduction in salary, an officer or employee of the Communauté métropolitaine de Montréal and shall retain his or her seniority and employee benefits.

The document referred to in the second paragraph shall be sent to the Communauté métropolitaine de Montréal not later than 30 days before the date on which, according to the document, the services of the officers and employees identified in the document are no longer required. Different documents may be successively sent, according to the different dates on which the services of the various officers or employees concerned will no longer be required.

From 20 December 2000, the regional county municipalities referred to in the first paragraph may not, without the authorization of the Minister of Municipal Affairs and Greater Montréal, increase expenditures relating to the remuneration and employee benefits of the officers or employees to whom the document referred to in the second paragraph is likely to apply, unless the increase results from the application of a clause of a collective agreement or a contract of employment in force on that date.

Any officer or employee laid off or dismissed by a regional county municipality referred to in the first paragraph who is not identified in any document referred to in the second paragraph may, if the officer or employee believes that the document should apply to him, file a complaint in writing, within 30 days of being laid off or dismissed, with the Commission des relations du travail and request it to make an inquiry and dispose of the complaint. The provisions of the Labour Code (chapter C‐27) relating to the Commission des relations du travail, its commissioners, their decisions and the exercise of their jurisdictions shall apply, with the necessary modifications.

For the purposes of this section, the non-renewal of a contract of employment is considered to be a layoff or dismissal, and Ville de Montréal, Ville de Longueuil, Ville de Laval and Ville de Mirabel are considered to be a regional county municipality.

This section ceases to have effect on the date occurring one year after the coming into force of the metropolitan land use and development plan of the Communauté métropolitaine de Montréal.

2000, c. 56, s. 68; 2001, c. 26, s. 180; 2002, c. 68, s. 52.

2002-11-25

265.1. No officer or employee of a regional county municipality whose territory is situated entirely or partially within the territory of the Communauté métropolitaine de Montréal, other than an officer or employee having entered into employment with the regional county municipality after 20 December 2000, may be laid off or dismissed solely by reason of the coming into force of the revised development plan of the regional county municipality or in anticipation or as a result of the regional county municipality’s loss of jurisdiction in respect of land use development owing to the coming into force of the metropolitan land use and development plan of the Communauté métropolitaine de Montréal.

The secretary-treasurer of a regional county municipality referred to in the first paragraph shall, in a document transmitted to the Communauté métropolitaine de Montréal, identify the officers and employees whose services will no longer be required for a reason mentioned in the first paragraph.

Besides identifying the officers and employees concerned, the document referred to in the second paragraph must specify the nature of the officer’s or employee’s employment relationship with the regional county municipality, the main conditions of employment of the officer or employee, the date on which the services of the officer or employee will no longer be required and, as the case may be, the date on which the officer’s or employee’s employment relationship with the regional county municipality would normally have ended. Where the employment relationship results from a written contract of employment, a certified true copy of the contract must accompany the document.

From the date on which, according to the document, the services of the officer or employee are no longer required by the regional county municipality, the officer or employee shall become, without reduction in salary, an officer or employee of the Communauté métropolitaine de Montréal and shall retain his or her seniority and employee benefits.

The document referred to in the second paragraph shall be sent to the Communauté métropolitaine de Montréal not later than 30 days before the date on which, according to the document, the services of the officers and employees identified in the document are no longer required. Different documents may be successively sent, according to the different dates on which the services of the various officers or employees concerned will no longer be required.

From 20 December 2000, the regional county municipalities referred to in the first paragraph may not, without the authorization of the Minister of Municipal Affairs and Greater Montréal, increase expenditures relating to the remuneration and employee benefits of the officers or employees to whom the document referred to in the second paragraph is likely to apply, unless the increase results from the application of a clause of a collective agreement or a contract of employment in force on that date.

Any officer or employee laid off or dismissed by a regional county municipality referred to in the first paragraph who is not identified in any document referred to in the second paragraph may, if the officer or employee believes that the document should apply to him, file a complaint in writing, within 30 days of being laid off or dismissed, with the Commission des relations du travail and request it to make an inquiry and dispose of the complaint. The provisions of the Labour Code (chapter C-27) relating to the Commission des relations du travail, its commissioners, their decisions and the exercise of their jurisdictions shall apply, with the necessary modifications.

For the purposes of this section, the non-renewal of a contract of employment is considered to be a layoff or dismissal, and Ville de Montréal, Ville de Longueuil, Ville de Laval and Ville de Mirabel are considered to be a regional county municipality.

This section ceases to have effect on the date occurring one year after the coming into force of the metropolitan land use and development plan of the Communauté métropolitaine de Montréal.

2000, c. 56, s. 68; 2001, c. 26, s. 180.

2000-12-20

265.1. No officer or employee of a regional county municipality whose territory is situated entirely or partially within the territory of the Communauté métropolitaine de Montréal, other than an officer or employee having entered into employment with the regional county municipality after 20 December 2000, may be laid off or dismissed solely by reason of the coming into force of the revised development plan of the regional county municipality or in anticipation or as a result of the regional county municipality’s loss of jurisdiction in respect of land use development owing to the coming into force of the metropolitan land use and development plan of the Communauté métropolitaine de Montréal.

The secretary-treasurer of a regional county municipality referred to in the first paragraph shall, in a document transmitted to the Communauté métropolitaine de Montréal, identify the officers and employees whose services will no longer be required for a reason mentioned in the first paragraph.

Besides identifying the officers and employees concerned, the document referred to in the second paragraph must specify the nature of the officer’s or employee’s employment relationship with the regional county municipality, the main conditions of employment of the officer or employee, the date on which the services of the officer or employee will no longer be required and, as the case may be, the date on which the officer’s or employee’s employment relationship with the regional county municipality would normally have ended. Where the employment relationship results from a written contract of employment, a certified true copy of the contract must accompany the document.

From the date on which, according to the document, the services of the officer or employee are no longer required by the regional county municipality, the officer or employee shall become, without reduction in salary, an officer or employee of the Communauté métropolitaine de Montréal and shall retain his or her seniority and employee benefits.

The document referred to in the second paragraph shall be sent to the Communauté métropolitaine de Montréal not later than 30 days before the date on which, according to the document, the services of the officers and employees identified in the document are no longer required. Different documents may be successively sent, according to the different dates on which the services of the various officers or employees concerned will no longer be required.

From 20 December 2000, the regional county municipalities referred to in the first paragraph may not, without the authorization of the Minister of Municipal Affairs and Greater Montréal, increase expenditures relating to the remuneration and employee benefits of the officers or employees to whom the document referred to in the second paragraph is likely to apply, unless the increase results from the application of a clause of a collective agreement or a contract of employment in force on that date.

Any officer or employee laid off or dismissed by a regional county municipality referred to in the first paragraph who is not identified in a document referred to in the second paragraph may, if the officer or employee believes that the document should apply, file a complaint in writing within 30 days of being laid off or dismissed with the labour commissioner general who shall designate a labour commissioner to make an inquiry and decide the complaint. The provisions of the Labour Code (chapter C-27) relating to the labour commissioner general, the labour commissioners, their decisions and the exercise of their jurisdictions shall apply, with the necessary modifications.

For the purposes of this section, the non-renewal of a contract of employment is considered to be a layoff or dismissal, and Ville de Montréal, Ville de Longueuil, Ville de Laval and Ville de Mirabel are considered to be a regional county municipality.

This section ceases to have effect on the date occurring one year after the coming into force of the metropolitan land use and development plan of the Communauté métropolitaine de Montréal.

2000, c. 56, s. 68.