A-7.02 - Act respecting the Agence métropolitaine de transport

À jour au 16 mai 2004

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chapter A-7.02

Act respecting the Agence métropolitaine de transport

CHAPTER I ESTABLISHMENT AND ORGANIZATION

1. An agency to be known as the “Agence métropolitaine de transport” is hereby established. The Agency is a legal person.

1995, c. 65, s. 1.

2. The Agency is a mandatary of the State. The property of the Agency forms part of the domain of the State, but the execution of the obligations of the Agency may be levied against its property.

1995, c. 65, s. 2; 1999, c. 40, s. 9.

3. The area of jurisdiction of the Agency is the territory of the Communauté métropolitaine de Montréal, of Ville de Saint-Jérôme and of the Kahnawake Indian Reserve.

For the purposes of this Act, “municipality”, except in the expression “regional county municipality”, and “municipal territory” mean, respectively, a municipality situated within the area of jurisdiction of the Agency and the territory of such a municipality.

1995, c. 65, s. 3; 2001, c. 23, s. 207; 2002, c. 77, s. 1.

4. The Agency shall have its head office at such place as it determines within its area of jurisdiction. Notice of the location of the head office and of any change in its location shall be published in the Gazette officielle du Québec and in a newspaper distributed in its area of jurisdiction.

1995, c. 65, s. 4.

5. The affairs of the Agency shall be administered by a board of directors composed of seven members. At the expiry of their term, the directors shall remain in office until replaced or reappointed.

The board of directors shall be composed of the following persons:

(1)  one person designated by the council of the Communauté métropolitaine de Montréal from among its members representing Ville de Montréal;

(2)  one person designated by the council of the Communauté métropolitaine de Montréal from among its members representing Ville de Longueuil or Ville de Laval;

(3)  one person designated by the council of the Communauté métropolitaine de Montréal from among its members representing the other municipalities referred to in Schedule III or Schedule IV to the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01);

(4)  four persons appointed by the Government.

The term of office of the persons referred to in subparagraphs 1 and 4 of the second paragraph is four years.

The term of office of the persons referred to in subparagraphs 2 and 3 is two years.

Notwithstanding the first paragraph, at the end of the two-year term, the council of the Communauté métropolitaine de Montréal shall designate a person representing another municipality. Furthermore, in the case referred to in subparagraph 3, that other municipality must not be listed in the same schedule.

The term of a person referred to in any of subparagraphs 1 to 3 of the second paragraph shall terminate when the person ceases to be a member of the council of the Communauté métropolitaine de Montréal.

Where the term of a person referred to in subparagraph 2 or 3 of the second paragraph terminates prematurely, the council of the Communauté métropolitaine de Montréal shall designate another person from the same city or listed in the same schedule, as the case may be, for the remainder of the term of the person to be replaced.

1995, c. 65, s. 5; 2000, c. 56, s. 82; 2001, c. 23, s. 208.

6. The Government shall designate a chairman and director general from among the directors. It shall determine his remuneration, employment benefits and other conditions of employment.

The other directors shall receive no remuneration except in such cases, on such conditions and to such extent as the Government may determine. They are, however, entitled to the reimbursement of expenses incurred in the discharge of their duties on the conditions and to the extent determined by the Government.

1995, c. 65, s. 6.

7. The removal from office or resignation of a director shall not take effect before the Agency is notified thereof.

1995, c. 65, s. 7.

8. The quorum at meetings of the board of directors of the Agency is four directors.

1995, c. 65, s. 8; 2000, c. 56, s. 83.

9. The chairman and director general shall call and preside at meetings of the board of directors and ensure that they are properly conducted.

The board of directors shall meet at least once every three months at the head office of the Agency. At such quarterly meetings, only the members who are present may constitute a quorum, even if other members take part in the meeting by other means authorized by this Act.

Two directors may require that the chairman and director general call a special meeting. The special meeting must be held within five days after the requisition is received.

1995, c. 65, s. 9.

10. Every director present at a meeting of the board has one vote and is required to vote.

1995, c. 65, s. 10.

11. The directors may, by unanimous agreement, take part in a meeting of the board by means of any device that allows oral communication, in particular the telephone. The participants are, in such a case, deemed to have attended the meeting.

1995, c. 65, s. 11.

12. The board of directors shall designate a secretary and a treasurer from among the employees of the Agency.

1995, c. 65, s. 12.

13. The employees of the Agency shall be appointed according to the staffing plan and the standard established by by-law of the Agency. Subject to the provisions of a collective agreement, the Agency shall determine, by by-law, the standards and scales of remuneration, employee benefits and other conditions of employment of the members of its personnel in accordance with the conditions defined by the Government.

1995, c. 65, s. 13; 2000, c. 8, s. 99.

14. The chairman and director general is responsible for the administration and direction of the Agency within the scope of its policies and by-laws. He shall exercise his functions on a full-time basis.

1995, c. 65, s. 14.

15. The Agency may make by-laws to regulate the exercise of its powers and the other aspects of its internal management.

1995, c. 65, s. 15.

16. Any director of the Agency, other than the chairman and director general, having a direct or indirect interest in an enterprise causing his personal interest to conflict with that of the Agency must, on pain of forfeiture of office, disclose it in writing to the chairman and director general and abstain from participating in any discussion or decision involving the enterprise in which he has the interest or in any part of a meeting of the board of directors during which his interest is discussed.

Neither the chairman and director general nor any employee of the Agency may, on pain of forfeiture of office, have a direct or indirect interest in an enterprise causing his personal interest to conflict with that of the Agency. However, forfeiture of office is not incurred where the interest devolves by succession or gift, provided it is renounced or disposed of with dispatch.

1995, c. 65, s. 16.

17. The minutes of the meetings of the board of directors, approved by the board and signed by the chairman and director general or by the secretary, are authentic, as are any documents or copies emanating from the Agency or forming part of its records where they are certified by the chairman and director general or an authorized person.

1995, c. 65, s. 17.

18. The Agency may set up committees to examine particular matters, including special transportation services for the handicapped, determine their mode of operation and designate their members.

A committee set up by the Agency to examine a matter in which a public transit operating authority has an interest must include at least one representative of that authority as a member.

1995, c. 65, s. 18.

19. For the purposes of this Act, “public transit operating authority” means the Société de transport de Montréal, the Société de transport de Laval, the Société de transport de Longueuil and any other legal person established in the public interest, including a municipality, that is authorized by an Act or its constituting act to organize public transportation services in the area of jurisdiction of the Agency.

1995, c. 65, s. 19; 2001, c. 23, s. 209.

20. The public transit operating authorities, the Communauté métropolitaine de Montréal and the municipalities, including the municipalities not within the area of jurisdiction of the Agency, shall have all the powers necessary to enter into contracts or to make an agreement under this Act with the Agency.

1995, c. 65, s. 20; 2001, c. 23, s. 210.

CHAPTER II OBJECTS AND POWERS

21. The objects of the Agency are to support, develop, coordinate and promote shared transportation, including special transportation services for the handicapped, to improve suburban train services and ensure their development, to foster the integration of the services provided by various modes of transportation and to increase the efficiency of traffic corridors.

1995, c. 65, s. 21.

21.1. The Agency is authorized to accept a mandate from public transit operating authorities to develop, implement and operate an integrated system of public transit ticket sales and revenue collection. A mandate from an operating authority shall be by gratuitous title and shall apply to all aspects of both local tickets, including subway tickets, and metropolitan tickets, including suburban train tickets. The mandate shall specify the duration of the mandate and shall pertain, in particular, to

(1)  the choice of and procedure for acquiring, leasing and maintaining the required specialized software and all transit ticket sales and revenue collection equipment;

(2)  the management and maintenance of the integrated system;

(3)  data management;

(4)  the manufacture, printing, distribution and marketing of public transit tickets;

(5)  the allocation of metropolitan and local revenues;

(6)  the terms and conditions governing the financing and payment of all the property and services to which the mandate applies, including the costs and expenses related to the preparation of a call for public tenders.

In fulfilling its mandate, the Agency may enter into contracts with any person and any partnership, in keeping with the rules governing it. The Agency may also delegate, by gratuitous title, all or part of its mandate to the Société de transport de Montréal and entrust the tasks it determines to the public transit operating authorities it indicates.

1997, c. 59, s. 1; 2001, c. 23, s. 211.

Not in force

21.2. The Government may, after consulting the public transit operating authorities concerned, make an order whereby the public transit operating authorities it designates are deemed, from the date indicated by the Government, to have mandated the Agency under section 21.1. In such a case, the order shall specify the content of the mandate, and, from the date on which the order is made and as long as it has effect, the designated public transit operating authorities may not perform the acts to which the mandate applies.

1997, c. 59, s. 1.

21.3. For the purposes of a contract awarded by the Agency pursuant to the second paragraph of section 21.1, a person or partnership that manages or maintains transit ticket sales or collection equipment or the integrated management system, allocates the revenues from the sales of public transit tickets, or manufactures, prints, distributes or markets the tickets, is deemed to be a transport service carried on by bus within the meaning of paragraph 4 of section 111.0.16 of the Labour Code (chapter C-27).

1997, c. 59, s. 1.

DIVISION I GUIDED LAND TRANSPORT SYSTEMS

2001, c. 23, s. 212.

22. The Agency has exclusive authority, within its area of jurisdiction, over public transportation by suburban train.

1995, c. 65, s. 22.

23. The Agency may, with the approval of and on the conditions determined by the Government, extend its train system outside its area of jurisdiction. The Government may also allow the Agency to operate any other guided land transport system within the meaning of the Act to ensure safety in guided land transport (chapter S-3.3), except the subway.

1995, c. 65, s. 23.

24. The Agency may, in particular,

(1)  operate a public rail transportation enterprise;

(2)  enter into contracts with railway undertakings providing for the procurement of services relating to the operation of such an undertaking that is within the legislative authority of the Parliament of Canada or, with the authorization of the Minister, present to the federal authorities an application for a certificate of fitness for the construction or operation of a railway within the meaning of the Canada Transportation Act (Statutes of Canada, 1996, chapter 10) and, where applicable, authorize the directors it designates to constitute a legal person for the construction and operation of a railway, with the proviso that the Agency be the sole shareholder, that the executives of the legal person be the same as those of the Agency, and that the activities of the railway undertaking be limited to operating suburban trains or a sightseeing service;

(3)  with the approval of the Government, acquire or lease railway tracks and rights of way to establish its train system;

(4)  subject to paragraph 3, acquire, lease or transfer property for the purpose of establishing, operating or developing its train system;

(5)  enter into contracts with a public transit operating authority or a municipality providing for the procurement of specific public rail transportation services;

(6)  promote public rail transportation;

(7)  with the authorization of the Minister and on the conditions the Minister determines, operate, in its area of jurisdiction and to outside points, a railway sightseeing service and railway shuttle service;

(8)  enter into contracts with a public transit operating authority, or a carrier, providing for the procurement of public bus transportation services in the case of an interruption of train service.

For the purposes of subparagraph 5 of the first paragraph, the word "municipality" includes any local municipality whose territory is situated outside the area of jurisdiction of the Agency and serviced pursuant to the order referred to in section 23.

1995, c. 65, s. 24; 1996, c. 13, s. 25; 2001, c. 23, s. 213.

25. The Agency shall fix the fares for its public rail transportation services on the basis of the factors and classes of passengers it determines.

Such factors may include distance, frequency, the time of day or period of the week, and the integration of metropolitan transportation services with the public transportation services of a public transit operating authority or a municipality.

1995, c. 65, s. 25.

26. The Agency may, by by-law approved by the Government, prescribe standards of conduct to be observed by passengers in trains, vehicles, in train stations, on platforms and in parking areas operated by the Agency.

The by-law shall indicate, among its provisions, those the violation of which is punishable under section 98.

1995, c. 65, s. 26; 2001, c. 23, s. 214.

26.1. The Agency is, in case of default, liable for the repayment of the amount of debt service of the Société de transport de Montréal with respect to the property of the suburban train system transferred under the first paragraph of section 152.

The treasurer of the Société de transport de Montréal shall include in the financial statements a note indicating the Agency’s obligation with respect to the liabilities related to such property.

2001, c. 23, s. 215.

DIVISION II METROPOLITAN TRANSPORTATION

27. The Agency has authority over metropolitan transportation by bus and its authority takes precedence over the authority of any public transit operating authority. The Agency also has authority over any extension of the subway and, to the extent provided for in this Act, over its financing and operation. It may also enter into contracts with taxi permit holders to provide, on its behalf, shared transportation service by taxi on all or part of its area of jurisdiction. It may also enter into an agreement with any person to promote carpooling and the use of any other mode of shared transportation.

"Metropolitan transportation by bus" means all or part of a public transportation service, determined by the Agency after consultation with the council of the Communauté métropolitaine de Montréal, that allows a person to travel from one municipal territory to another municipal territory unless both are situated in the territory of the same public transit operating authority, and "bus" means a bus or a minibus within the meaning of the Highway Safety Code (chapter C‐24.2).

1995, c. 65, s. 27; 2000, c. 56, s. 84; 2001, c. 23, s. 216.

28. The Agency also has authority over local public bus transportation in the territory of any public transit operating authority or municipality which applies therefor.

The application shall specify the public transportation services to be provided, the manner in which and, where applicable, the time during which such services are to be provided, and may pertain to the organization of a shared transportation service by taxi.

The authority or the municipality shall pay to the Agency the cost of the service within the time it indicates, after deducting the revenue generated by the service and every subsidy related thereto.

1995, c. 65, s. 28.

29. Every determination under the second paragraph of section 27 must be approved by the Government and published in the Gazette officielle du Québec and in a newspaper distributed in the area of jurisdiction of the Agency. The determination may include the designation of any equipment or facilities necessary for metropolitan travel.

1995, c. 65, s. 29.

§ 1 . — Metropolitan transportation by bus

30. The metropolitan bus transit system is established or modified by the Agency with the approval of the Government.

For the purposes of the first paragraph, the Agency shall, in particular,

(1)  evaluate public transportation services on the basis of factors such as the appropriateness or necessity of providing a link between municipal territories, the capacity and frequency of existing services, the speed of travel and the financial resources of the Agency;

(2)  consider the land use planning and development plans and planning programs referred to in sections 5 and 83 of the Act respecting land use planning and development (chapter A‐19.1) and the plan of transport systems referred to in section 3 of the Transport Act (chapter T‐12).

The Agency shall, according to its implementation schedule, consult the municipalities, public transit operating authorities, the council of the Communauté métropolitaine de Montréal and regional county municipalities concerned in order to obtain their views.

1995, c. 65, s. 30; 2000, c. 56, s. 85; 2001, c. 23, s. 217; 2002, c. 68, s. 52.

31. The Agency must, in order to obtain government approval for the establishment or modification of the metropolitan bus transit system, file an application with the Minister which must mention any disagreement expressed during consultations.

1995, c. 65, s. 31.

32. The Minister shall advise the bodies that were consulted of the date on which he intends to submit the application to the Government for approval.

1995, c. 65, s. 32.

33. The establishment or any modification of the metropolitan bus transit system is approved by the Government, with or without modification, and the effective date thereof is determined by the Government.

1995, c. 65, s. 33.

34. If the application of the Agency does not receive government approval, the Minister shall so inform the Agency.

1995, c. 65, s. 34.

35. The Agency may, in particular,

(1)  operate a public bus transportation enterprise;

(2)  develop its metropolitan bus transit system;

(3)  coordinate the bus services provided by public transit operating authorities, the subway service system and its own metropolitan bus transit and suburban train systems;

(4)  establish metropolitan transit tickets for the use of services, which may include suburban train services, provided by two or more public transit operating authorities, issue them on any medium and fix the fares;

(5)  establish tickets and fix the fares for the use of metropolitan equipment and facilities;

(6)  approve any type of integrated system, chosen by a public transit operating authority for transit ticket sales and fare collection, for the sole purpose of ensuring that the various types of fare collection equipment enable the metropolitan fare structure to be applied, are compatible with one another and enable data to be read and entered on a smart card;

(7)  apportion the cost of its metropolitan bus transit system, and of the metropolitan equipment and facilities acquired or managed by it, among the public transit operating authorities and municipalities;

(8)  define the terms and conditions subject to which a non-resident may use a special transportation service for the handicapped and determine the cost-sharing formula;

(9)  take any measure it considers appropriate to promote the organization and operation of public transportation services not operated by the Agency and provide support services to users of such services and to the persons organizing them;

(10)  promote all forms of shared transportation;

(11)  establish metropolitan transit tickets for the public bus transportation services it organizes, and fix the fares;

(12)  acquire, possess and operate businesses in or on its immovables;

(13)  lease advertising space in or on its immovables and vehicles;

(14)  alienate, without any permission or special formality, any movable or immovable property the value of which does not exceed $10,000.

For the purposes of subparagraph 1 of the first paragraph, all bus transportation services must be provided by a public transit operating authority or carrier bound by a contract with the Agency. Such contract shall take the place of any authorization otherwise necessary to accredit such authority or carrier.

1995, c. 65, s. 35; 2001, c. 23, s. 218.

35.1. The Agency may, by by-law approved by the Government, prescribe standards of safety and conduct to be observed by passengers in the rolling stock and immovables operated by the Agency. The by-law may determine, among its provisions, those the contravention of which is punishable under section 98.

In addition, the Agency may, notwithstanding the Civil Code, make a by-law on the disposal of things lost or found in the rolling stock and immovables operated by the Agency. The by-law shall be published in a newspaper distributed in the area of jurisdiction of the Agency and come into force 15 days after its publication or on any later date fixed therein.

2001, c. 23, s. 219.

35.2. The Agency shall publish each month in a newspaper distributed in the area of jurisdiction of the Agency a notice mentioning the property having a value of $10,000 or more it alienated in the preceding month, the person to whom the property was alienated and the price of alienation.

2001, c. 23, s. 219; 2001, c. 66, s. 59.

35.3. The Agency may not alienate property having a value of $25,000 or more for which it has specifically been awarded a grant except with the authorization of the Minister.

2001, c. 23, s. 219.

36. The Agency shall identify the equipment and facilities that are necessary for the operation of its metropolitan bus transit system.

More specifically, it shall make a survey of the utilization of stations, terminals and parking areas currently operated by a public transit operating authority or a municipality, examining the extent to which it contributes to the efficiency of the metropolitan system.

The Agency shall, according to its implementation schedule, consult the council of the Communauté métropolitaine de Montréal, the municipalities and public transit operating authorities concerned in order to obtain their views.

1995, c. 65, s. 36; 2000, c. 56, s. 86.

37. The Agency shall acquire the equipment and facilities it has identified as being necessary for the operation of its metropolitan bus transit system.

The contract shall specify the date and the terms and conditions governing the transfer of the property. Only the amount disbursed by the owner, exclusive of any government subsidy granted to finance the cost of acquisition, may be reimbursed, compensated or otherwise borne by the Agency.

Notwithstanding the second paragraph, the owner shall continue to service any debt relating to the property transferred to the Agency. The owner shall remain responsible for the commitments arising out of the securities it has issued and such securities shall continue to constitute direct and general obligations of the owner. The Agency shall reimburse the owner, in principal and interest, according to the due dates of debt service payments of the owner.

1995, c. 65, s. 37.

38. In case of disagreement, the Government shall determine that equipment or a facility referred to in section 37 is to come under the management of the Agency from the date indicated by the Government.

The Agency may perform all the acts and exercise all the rights of an owner in respect of property which it does not own but which is under its management. For that purpose, the Agency is vested with the necessary powers and shall assume the obligations related thereto.

1995, c. 65, s. 38.

39. The Agency may apportion the cost of operating and managing terminals referred to in section 37 or 38 among the public transit operating authorities using them. Where applicable, the public transit operating authorities shall pay, on a quarterly basis, a share of the cost in proportion to the utilization of the terminals, on receipt of an invoice from the Agency.

1995, c. 65, s. 39.

40. For the purposes of subparagraphs 4 and 11 of the first paragraph of section 35, the Agency shall fix its fares on the basis of factors such as the number and frequency of trips, the interval between trips, the distance travelled and classes of users.

1995, c. 65, s. 40; 2001, c. 23, s. 220.

41. The Agency shall transmit its tariff of fares to the council of the Communauté métropolitaine de Montréal as soon as the tariff is established or modified. The council of the Communauté métropolitaine de Montréal may disallow the tariff of fares within 60 days of its receipt.

The fares cannot come into force before the expiry of the period during which they may be disallowed, unless the council has advised the Agency that they will not be disallowed.

1995, c. 65, s. 41; 2000, c. 56, s. 87.

42. Every public transit operating authority shall give access to its local transit system to the bearer of a metropolitan transit ticket in accordance with the indications on the ticket.

The Agency shall share, with the public transit operating authorities, the revenue derived from the sale of metropolitan transit tickets referred to in subparagraph 4 of the first paragraph of section 35, according to the utilization of their respective systems by the users.

1995, c. 65, s. 42.

43. Every public transit operating authority shall, in order to assure the coordination of its transportation services with those of the subway system and of its own metropolitan bus transit and suburban train systems,

(1)  adjust its service schedules in accordance with the directives of the Agency;

(2)  provide transfer services at such locations as are specified by the Agency;

(3)  modify its routes in accordance with the directives of the Agency.

A public transit operating authority may not claim compensation for the expenses incurred.

1995, c. 65, s. 43.

44. Every public transit operating authority shall, within the time fixed by the Agency, use a system of public transportation ticket sales and revenue collection approved by the Agency pursuant to subparagraph 6 of the first paragraph of section 35.

1995, c. 65, s. 44; 2001, c. 23, s. 221.

45. The Agency may, on the basis of factors and in the manner it establishes, grant financial assistance to a public transit operating authority to compensate, in whole or in part, the cost of the authority’s contribution to the metropolitan bus transit system or the cost of servicing a reserved traffic lane. Such financial assistance is deemed to form part of the cost of the metropolitan transit system.

1995, c. 65, s. 45.

46. Where the Agency operates a metropolitan bus route in the place and stead of a public transit operating authority, the Agency shall assess the benefitting municipalities, in the absence of any cost-sharing agreement to the contrary, according to the cost of the services provided, after deducting the revenue generated by the service and every subsidy for which the service is eligible.

The municipalities shall pay the Agency within the time it indicates.

1995, c. 65, s. 46; 2001, c. 66, s. 60.

§ 2 . — Subway

47. The Agency shall plan, carry out and execute, on the conditions fixed by the Government, any subway system extension and any public guided land transport infrastructure. A representative of the Société de transport de Montréal is by virtue of office a member of the committees created by the Agency in relation to any subway system extension and requiring its expert services as operator.

The Agency may expropriate in its territory any property necessary for the extension of the subway system. The Agency shall transfer to the Société de transport de Montréal, on completion of the work or on the date fixed by the Government, all property necessary to the subway tunnel, lines, platforms, subway car garages, workshops and rectifier or ventilation stations. The Agency shall also transfer to the public transit authority concerned, according to the area of jurisdiction in which the property is situated, all other property acquired except property that has been declared to be metropolitan property.

Sections 154 and 155 of the Act respecting public transit authorities (chapter S-30.01) apply, with the necessary modifications, to subway extension work and to expropriations made by the Agency.

1995, c. 65, s. 47; 2000, c. 56, s. 88; 2001, c. 23, s. 222.

48. The Government may, after consulting the Agency, establish rules governing the apportionment, among the public transit operating authorities designated by the Government, of the amount of debt service attributable to the subway system, after deduction of all subsidies received to defray that amount in whole or in part and of all interest earned on the investments of a reserve fund established to guarantee debt service payments.

1995, c. 65, s. 48.

49. The Agency may, on the conditions, on the basis of factors and in the manner it establishes, grant financial assistance to the Société de transport de Montréal to compensate all or part of the operating cost of the subway. Such financial assistance is deemed to form part of the cost of the metropolitan transit system.

1995, c. 65, s. 49; 2001, c. 23, s. 223.

50. The Société de transport de la Communauté urbaine de Montréal and the Société de transport de la rive sud de Montréal shall, on or before 1 September 1996, come to an agreement concerning the conditions governing the operation of the subway linking their territories. The Société de transport de la rive sud de Montréal shall assume 1/3 of its share from 1 January 1997, 2/3 of its share from 1 January 1998 and its full share from 1 January 1999.

With respect to an extension of the subway system, an agreement fixing the conditions governing the operation of the extension must be concluded between the Société de transport de Montréal and the public transit operating authority concerned before the work is begun.

The Government may, after consulting the Agency, fix the conditions governing the operation of the subway system outside the territory of Ville de Montréal failing an agreement between the Société de transport de Montréal and the other public transit operating authorities the territories of which are served by the subway system.

For the purposes of this section, the expression "conditions governing the operation" includes the conditions governing the operation and the apportionment of capital costs and operating costs.

1995, c. 65, s. 50; 2001, c. 23, s. 224.

DIVISION III METROPOLITAN TRAFFIC LANES

51. The Agency shall identify metropolitan traffic corridors among the public highways in its area of jurisdiction and determine those on which reserved lanes must be established to promote shared transportation.

The Agency shall make a survey of the road network and consult, according to its implementation schedule, the municipalities and public transit operating authorities concerned in order to obtain their views.

1995, c. 65, s. 51.

52. The Agency may, in particular,

(1)  designate lanes reserved for the exclusive use of certain classes of road vehicles or of road vehicles carrying a specified number of passengers;

(2)  conclude contracts with the person responsible for the maintenance of a public highway providing for the compensation of all or part of the cost of establishing, maintaining and operating such reserved lanes;

(3)  with the approval of the person responsible for the public highway or, failing such approval, with the approval of the Government, signalize the designated reserved lanes and take any other steps to ensure their safe use;

(4)  conclude contracts with a municipality providing for the compensation of all or part of the cost of synchronizing traffic lights installed on metropolitan traffic corridors or the cost of establishing the one-way traffic systems it indicates.

All traffic signs and signals installed by the Agency are deemed to have been installed by the person responsible for the maintenance of a public highway within the meaning of paragraph 4 of section 295 of the Highway Safety Code (chapter C-24.2).

1995, c. 65, s. 52.

53. The Agency must, in order to obtain the approval of the Government pursuant to subparagraph 3 of the first paragraph of section 52, file an application with the Minister establishing that it has informed the person responsible for the maintenance of the public highway of its intention to establish a reserved traffic lane on that highway, that it has proposed to that person the making of a contract under subparagraph 2 of the first paragraph of the said section, and that the person either

(1)  contests the designation of a reserved traffic lane on the public highway under his management;

(2)  contests the amount of money offered;

(3)  contests the classes of road vehicles for which the lane is reserved or the number of passengers required for a road vehicle to be authorized to travel in the reserved lane; or

(4)  has failed to reply to the Agency within 90 days of the proposal.

The application must be filed with all the necessary supporting documents.

1995, c. 65, s. 53.

54. The Minister shall transmit the application filed pursuant to section 53 to the municipality concerned, together with the supporting documents, and notify the municipality that it has 15 days to notify the Minister of any reason it may have to oppose the application.

1995, c. 65, s. 54.

55. The establishment and signalizing of a reserved traffic lane proposed by the Agency is approved by the Government, with or without modification, and the effective date thereof is indicated by the Government.

The order in council has precedence over any by-law, resolution or ordinance passed by a municipality.

1995, c. 65, s. 55.

56. If the application of the Agency does not receive government approval, the Minister shall so inform the Agency.

1995, c. 65, s. 56.

57. The Agency shall publish, each year, a road map showing all reserved traffic lanes established or planned within its area of jurisdiction.

1995, c. 65, s. 57.

58. The Agency may apportion the cost of operating and managing the reserved traffic lanes designated in accordance with section 52 among the public transit operating authorities using them. Where applicable, the public transit operating authorities shall pay, on a quarterly basis, a share of the cost in proportion to the utilization of the lanes, on receipt of an invoice from the Agency.

1995, c. 65, s. 58.

CHAPTER III FINANCIAL PROVISIONS

59. The fiscal year of the Agency ends on 31 December.

1995, c. 65, s. 59.

60. The Agency shall prepare and adopt an operating budget each year. The Agency’s budget shall be submitted to the council of the Communauté métropolitaine de Montréal for approval not later than 15 November.

Notwithstanding the absence of approval by the council of the Communauté métropolitaine de Montréal, the budget of the Agency shall come into force on the following 1 January.

Not later than 10 October each year, the Agency shall transmit, to each public transit operating authority and to each municipality whose territory is outside the territory of a transit authority, a notice setting out the fares that will be effective during the period covered by its next budget.

1995, c. 65, s. 60; 2000, c. 56, s. 89.

61. In the budget of the Agency, expenditures must not exceed revenues, except with the authorization of the Minister and on the terms and conditions determined by him.

1995, c. 65, s. 61.

62. The Agency shall post as revenue in its budget any surplus anticipated for the current year and any other surplus at its disposal.

In addition, the Agency shall post as expenditure in its budget any deficit for the preceding year and any deficit anticipated for the current year.

1995, c. 65, s. 62.

63. The Agency shall set up a fixed assets fund to finance that part of the acquisition, repair or renovation of immovable property, equipment or rolling stock that is not subsidized. Once the fund is set up, the Agency may transfer all or part of the operating surplus for a fiscal year thereto, provided each transfer and the amount thereof are authorized by the Minister.

The Government may authorize the Agency to take out of the fixed assets fund sums required for purposes other than those for which the fund was set up.

1995, c. 65, s. 63.

64. The Agency may not, unless authorized by the Government, raise short-term loans which increase its total current short-term loans beyond the amount determined by the Government.

1995, c. 65, s. 64.

65. The Agency may, with the authorization of and subject to the conditions determined by the Government, provide for its financing by means of loans or by any other means and enter into any contract in that respect. It may, among other things, acquire, lease, transfer, alienate or encumber property for such purposes.

1995, c. 65, s. 65.

66. The Government may, subject to the terms and conditions it determines,

(1)  guarantee the payment, in whole or in part, of the capital of or interest on any loan raised by the Agency as well as the performance of its obligations;

(2)  authorize the Minister of Finance to advance to the Agency any amount considered necessary for the pursuit of its objects.

Sums that the Government may be called upon to pay under the first paragraph shall be taken out of the Consolidated Revenue Fund.

1995, c. 65, s. 66.

67. No decision of the Agency and no report authorizing or recommending an expenditure shall have effect before the production of a certificate of the treasurer attesting that funds are or will be available at the proper time for the purposes for which such expenditure is planned.

1995, c. 65, s. 67.

68. Subject to section 46, where the territory of a municipality is situated in the territory of a public transit operating authority, the Agency shall claim from that authority any sum of money otherwise due by such a municipality.

1995, c. 65, s. 68.

69. As a contribution to the financing of its operations, the Agency shall receive

(1)  the share of the contribution of motorists to public transit determined by a regulation under section 88.6 of the Transport Act (chapter T-12);

(2)  the amount paid by the Minister of Revenue pursuant to section 55.2 of the Fuel Tax Act (chapter T-1);

(3)  the proceeds of an annual tax on non-residential off-street parking spaces in the area of jurisdiction of the Agency;

(4)  the amount payable by each municipality under section 70;

(5)  the share of each municipality referred to in section 71;

(6)  the contribution of public transit operating authorities and municipalities to the cost of the metropolitan bus transit system and the cost of the metropolitan facilities and equipment.

1995, c. 65, s. 69.

70. The municipalities shall, for the financing of capital expenditures or the provision of the fixed assets fund, pay to the Agency an amount equal to one cent per $100 of standardized real estate value, within the meaning of section 261.1 of the Act respecting municipal taxation (chapter F-2.1) as established for the year of reference.

The Government may, by order, determine

(1)  the year of reference;

(2)  the date on which the provisional or definitive data serving to establish the standardized real estate value are to be considered;

(3)  the adjustments that may result from the successive use of provisional and definitive data;

(4)  the terms and conditions of payment of the share.

The amount referred to in the first paragraph may, however, be established according to any other criterion determined by the Government or according to such a criterion and the criterion set out in the first paragraph.

Notwithstanding the first paragraph, the municipalities whose territory was not situated within the area of jurisdiction of the Agency on 30 December 2001 shall pay, for the year 2002, only 1/3 of the amount payable under that paragraph for the year 2002 and 2/3 of that amount for the year 2003.

Notwithstanding the first paragraph, the municipalities whose territory was not situated within the area of jurisdiction of the Agency on 31 December 2002 shall pay, for the year 2003, only one-third of the amount payable under that paragraph for the year 2003 and two-thirds of that amount for the year 2004.

1995, c. 65, s. 70; 2001, c. 23, s. 225; 2002, c. 77, s. 2.

71. The Government shall draw up a list of the municipalities the territory of which is served, for the reference period indicated by the Government, by a suburban train route and which must pay the share determined pursuant to section 73 to the Agency.

The Government shall divide each train route into segments:

(1)  the segment in the territory of the Société de transport de Montréal;

(2)  the segment in the territory of another public transit operating authority;

(3)  the segment in any other territory.

A municipal territory is deemed to be served by a suburban train route

(1)  where a station serving the route is located either in the municipal territory or in the territory of a public transit operating authority that includes the municipal territory; or

(2)  where the percentage of users of the suburban train route who reside in the municipal territory, in relation to all users of the segment, is equal to or greater than the percentage determined in the order in council.

1995, c. 65, s. 71; 2001, c. 23, s. 226.

72. The Agency shall apportion 40% of the cost of operating and managing each train route, per segment, according to the service proposal established on the basis of one or more of the following factors:

(1)  the number of seats available, per kilometre, for each segment;

(2)  the number of train departures, from each station, for each segment;

(3)  the number of trains, per kilometre, serving each segment.

1995, c. 65, s. 72.

73. The municipalities referred to in section 71 that are served by the same segment shall share the amount determined for that segment in proportion to their standardized real estate value, within the meaning of section 261.1 of the Act respecting municipal taxation (chapter F-2.1), as established for the year of reference.

The second paragraph of section 70 shall apply thereto. The apportionment may, however, be established according to any other criterion determined by the Government or according to such a criterion and the criterion set out in the first paragraph.

1995, c. 65, s. 73.

73.1. (Repealed).

1996, c. 52, s. 108; 2001, c. 23, s. 227.

74. No tariff of user fees established by a municipality under sections 244.1 to 244.10 of the Act respecting municipal taxation (chapter F-2.1) in respect of its property, services and activities, may be levied against the Agency.

1995, c. 65, s. 74.

75. The Act respecting duties on transfers of immovables (chapter D-15.1) does not apply to transfers made under this Act.

1995, c. 65, s. 75.

CHAPTER IV INFORMATION

76. The Agency shall produce a strategic plan for metropolitan transportation development setting out its objectives and priorities and the expected results.

The plan must provide for the development of metropolitan transportation, including special transportation services for the handicapped, over a period of ten years and cover every mode of transportation and all metropolitan equipment and facilities, including the subway. The plan shall be updated yearly and revised every five years.

1995, c. 65, s. 76; 1997, c. 44, s. 93; 2000, c. 56, s. 90.

77. The Agency shall transmit a copy of its strategic plan for metropolitan transportation development and of every updating and revision to the council of the Communauté métropolitaine de Montréal, for approval, within 30 days after they are produced.

The council of the Communauté métropolitaine de Montréal shall transmit the revised strategic plan for metropolitan transportation development to the Minister, for approval, within the time specified in section 161, and its updating, within 60 days after receiving it.

1995, c. 65, s. 77; 2000, c. 56, s. 91.

78. The Agency shall, each year, after consultation with the Communauté métropolitaine de Montréal, produce a program of capital expenditures, including the capital expenditures relating to the subway extension, for the following three fiscal years.

1995, c. 65, s. 78; 2000, c. 56, s. 92; 2001, c. 23, s. 228.

79. The program shall be divided into annual phases. It shall set out, for the period coincident therewith, the object, amount and mode of financing of the capital expenditures that the Agency plans to make or to incur, and for which the financing period exceeds 12 months.

The program shall also mention the capital expenditures the Agency plans to make beyond the period covered by the program, if the expenditures result from commitments made during that period.

1995, c. 65, s. 79.

80. The program shall be transmitted to the Minister, for approval, not later than 31 October preceding the beginning of the first fiscal year covered by the program.

Upon sufficient proof that the Agency is unable to transmit the program on the date fixed, the Minister may grant an extension.

1995, c. 65, s. 80.

81. The Agency may modify its program of capital expenditures. The modification shall be transmitted to the Minister, for approval, within 30 days after it is adopted.

1995, c. 65, s. 81.

82. The Minister may require that the program be transmitted by means of a form and that the Agency provide him with information other than that required under section 79.

1995, c. 65, s. 82.

83. The Agency and the Minister may make an agreement setting out the terms and conditions relating to the exercise of the functions and powers of the Agency and specifying the role of the Agency as a mandatary of the State.

The agreement may, in particular, pertain to

(1)  the financial results to be achieved by the Agency;

(2)  the human, material and financial resources of the Agency;

(3)  the relations and exchange of information between the Agency and the Minister;

(4)  traffic lanes where the public highway is under the management of the Minister;

(5)  the use of the expertise, administrative services and human resources of the department.

The term of the agreement shall not exceed five years; the agreement can be renewed or replaced. The agreement must be approved by the Government.

1995, c. 65, s. 83; 1996, c. 13, s. 26; 1999, c. 40, s. 9; 2000, c. 56, s. 93.

84. The Agency may make an agreement with a public transit operating authority, a municipality or any other legal person established in the public interest or for a private interest pertaining to

(1)  human, material or informational resources;

(2)  the operation or maintenance of metropolitan equipment or facilities or of equipment or facilities that are necessary for the attainment of its objects.

1995, c. 65, s. 84; 2001, c. 23, s. 229.

85. The Minister may issue directives concerning the aims and objectives of the Agency in the exercise of its powers.

The directives must be approved by the Government and come into force on the day of their approval. Once approved, they are binding on the Agency, which is required to comply therewith.

Every directive shall be laid before the National Assembly within 15 days after it is approved by the Government. If the National Assembly is not sitting, the directive shall be laid before the Assembly within 15 days after resumption.

1995, c. 65, s. 85.

86. (Repealed).

1995, c. 65, s. 86; 1997, c. 44, s. 94; 2000, c. 56, s. 94.

87. The Agency may require that the public transit operating authorities provide it with any information or document it considers useful for the exercise of its functions or powers.

1995, c. 65, s. 87; 2001, c. 66, s. 61.

CHAPTER V AUDITING AND REPORTS

88. At the end of the fiscal year, the treasurer of the Agency shall draw up and certify a financial report for the fiscal year just ended.

The financial report shall be drawn up using the forms provided by the Minister, where that is the case. It shall contain the financial statements of the Agency and any other information required by the Minister.

1995, c. 65, s. 88.

89. The books and accounts of the Agency shall be audited each year by an auditor designated by the Agency. The auditor’s report shall accompany the annual report of the Agency.

1995, c. 65, s. 89.

90. The treasurer shall submit his financial report at a meeting of the board of directors of the Agency, at the same time as the auditor’s report.

1995, c. 65, s. 90.

91. The Agency shall, not later than 30 April each year, submit a report upon its operations for the preceding fiscal year to the Minister. The report shall contain all the information required by the Minister.

The Agency shall provide the Minister with any other information he requires concerning its operations.

1995, c. 65, s. 91.

92. The Minister shall lay the annual report and the financial statements of the Agency before the National Assembly within 15 days after they are received or, if the Assembly is not sitting, within 15 days after resumption.

The competent parliamentary committee of the National Assembly may hear, at least once a year, the Minister or the chairman and director general of the Agency in relation to the documents mentioned in the first paragraph.

1995, c. 65, s. 92.

CHAPTER VI INSPECTION

93. The Minister shall authorize, generally or specially, persons to act as inspectors for the purposes of this Act and the by-laws under sections 26 and 35.1. An inspector may require any transit or parking ticket issued by the Agency to be produced for inspection.

1995, c. 65, s. 93; 1997, c. 59, s. 2; 2001, c. 66, s. 62.

94. An inspector shall, on request, show the certificate attesting his capacity.

1995, c. 65, s. 94.

95. No person shall hinder an inspector in the performance of his duties, mislead him through concealment or false statements or refuse to provide him with information.

1995, c. 65, s. 95.

CHAPTER VII PENAL PROVISIONS

96. Every person who falsifies or alters a metropolitan transit ticket, uses a metropolitan transportation service without having a valid transit ticket in his possession or uses such a service while having an expired, falsified or altered transit ticket in his possession is liable to a fine of not less than $75 and not more than $500.

1995, c. 65, s. 96.

97. Every person who uses a parking space of the Agency without having a valid parking ticket in his possession or uses such a parking space while having an expired, falsified or altered parking ticket in his possession is liable to a fine of not less than $75 and not more than $500.

1995, c. 65, s. 97.

98. Every person who contravenes a provision of a by-law made under the second paragraph of section 26 or the first paragraph of section 35.1 is liable to a fine of not less than $75 and not more than $150.

1995, c. 65, s. 98; 2001, c. 23, s. 231.

99. Every person who contravenes section 95 is liable to a fine of not less than $100 and not more than $500.

1995, c. 65, s. 99; 2001, c. 23, s. 232.

99.1. The Agency may institute penal proceedings for an offence under any of sections 96 to 99.

1997, c. 59, s. 3.

99.2. Any municipal court in the area of jurisdiction of the Agency shall have jurisdiction in respect of an offence under any of sections 96 to 99.

In the case of an offence committed outside the area of jurisdiction of the Agency, the municipal court having jurisdiction in the area where the offence was committed shall have jurisdiction in respect of the offence.

1997, c. 59, s. 3.

99.3. The fine belongs to the Agency, where it instituted the penal proceedings.

The costs relating to proceedings instituted before a municipal court belong to the municipality under the jurisdiction of that court, except the part of the costs remitted to another prosecuting party by the collector under article 345.2 of the Code of Penal Procedure (chapter C‐25.1), and the costs remitted to the defendant or imposed on the municipality under article 223 of the said Code.

1997, c. 59, s. 3; 2003, c. 5, s. 26.

CHAPTER VIII AMENDING PROVISIONS

100. (Amendment integrated into c. C-24.2, s. 295).

1995, c. 65, s. 100.

101. (Amendment integrated into c. C-37.2, s. 20).

1995, c. 65, s. 101.

102. (Amendment integrated into c. C-37.2, s. 21).

1995, c. 65, s. 102.

103. (Amendment integrated into c. C-37.2, s. 223).

1995, c. 65, s. 103.

104. (Amendment integrated into c. C-37.2, s. 287).

1995, c. 65, s. 104.

105. (Amendment integrated into c. C-37.2, s. 287.1).

1995, c. 65, s. 105.

106. (Amendment integrated into c. C-37.2, s. 289).

1995, c. 65, s. 106.

107. (Amendment integrated into c. C-37.2, s. 291.1).

1995, c. 65, s. 107.

108. (Amendment integrated into c. C-37.2, s. 291.8).

1995, c. 65, s. 108.

109. (Amendment integrated into c. C-37.2, s. 291.17).

1995, c. 65, s. 109.

110. (Omitted).

1995, c. 65, s. 110.

111. (Amendment integrated into c. C-37.2, s. 294).

1995, c. 65, s. 111.

112. (Omitted).

1995, c. 65, s. 112.

113. (Amendment integrated into c. C-37.2, s. 294.6).

1995, c. 65, s. 113.

114. (Amendment integrated into c. C-37.2, s. 303).

1995, c. 65, s. 114.

115. (Amendment integrated into c. C-60.1, s. 10).

1995, c. 65, s. 115.

116. (Amendment integrated into c. C-60.1, s. 11).

1995, c. 65, s. 116.

117. (Amendment integrated into c. C-60.1, s. 16).

1995, c. 65, s. 117.

118. (Amendment integrated into c. C-60.1, s. 18).

1995, c. 65, s. 118.

119. (Amendment integrated into c. C-60.1, s. 18.3).

1995, c. 65, s. 119.

120. (Amendment integrated into c. C-60.1, s. 27).

1995, c. 65, s. 120.

121. (Amendment integrated into c. C-60.1, s. 27.4).

1995, c. 65, s. 121.

122. (Amendment integrated into c. F-2.1, s. 204).

1995, c. 65, s. 122.

123. (Amendment integrated into c. F-2.1, s. 236).

1995, c. 65, s. 123.

124. (Amendment integrated into c. M-28, s. 11).

1995, c. 65, s. 124.

125. (Amendment integrated into c. T-1, s. 1).

1995, c. 65, s. 125.

126. (Amendment integrated into c. T-1, s. 2).

1995, c. 65, s. 126.

127. (Amendment integrated into c. T-1, s. 10.1).

1995, c. 65, s. 127.

128. (Amendment integrated into c. T-1, s. 10.3).

1995, c. 65, s. 128.

129. (Amendment integrated into c. T-1, ss. 10.4-10.5).

1995, c. 65, s. 129.

130. (Amendment integrated into c. T-1, s. 12).

1995, c. 65, s. 130.

131. (Amendment integrated into c. T-1, s. 13).

1995, c. 65, s. 131.

132. (Amendment integrated into c. T-1, s. 15).

1995, c. 65, s. 132.

133. (Amendment integrated into c. T-1, ss. 15.1-15.2).

1995, c. 65, s. 133.

134. (Amendment integrated into c. T-1, s. 17).

1995, c. 65, s. 134.

135. (Amendment integrated into c. T-1, ss. 17.1-17.2).

1995, c. 65, s. 135.

136. (Amendment integrated into c. T-1, s. 41).

1995, c. 65, s. 136.

137. (Amendment integrated into c. T-1, s. 51.1).

1995, c. 65, s. 137.

138. (Amendment integrated into c. T-1, s. 51.2).

1995, c. 65, s. 138.

139. (Amendment integrated into c. T-1, s. 55.2).

1995, c. 65, s. 139.

140. (Amendment integrated into c. T-1, s. 56).

1995, c. 65, s. 140.

141. (Amendment integrated into c. T-11.1, s. 9).

1995, c. 65, s. 141.

142. (Amendment integrated into c. T-11.1, s. 14).

1995, c. 65, s. 142.

143. (Amendment integrated into c. T-12, s. 88.1).

1995, c. 65, s. 143.

144. (Amendment integrated into c. T-12, s. 88.6).

1995, c. 65, s. 144.

145. (Omitted).

1995, c. 65, s. 145.

146. (Omitted).

1995, c. 65, s. 146.

147. (Omitted).

1995, c. 65, s. 147.

148. (Omitted).

1995, c. 65, s. 148.

149. (Omitted).

1995, c. 65, s. 149.

150. (Omitted).

1995, c. 65, s. 150.

CHAPTER IX TRANSITIONAL AND FINAL PROVISIONS

151. From 1 January 1996, the Agency succeeds to the rights and obligations of the Société de transport de la Communauté urbaine de Montréal with respect to all or part of the contracts concerning the suburban train system operated on that date.

The terms and conditions of transfer shall be determined by agreement between the Agency and the Société de transport de la Communauté urbaine de Montréal. The agreement must be approved by the Minister.

Notwithstanding the second paragraph, the absence of agreement or the withholding of approval by the Minister shall not operate to prevent the Agency from providing suburban train services from 1 January 1996.

1995, c. 65, s. 151.

152. The railway rolling stock and any other assets related to the operation of the suburban train system which are owned by the Société de transport de la Communauté urbaine de Montréal and which were paid for by the Gouvernement du Québec or for which the Société has received or is receiving a subsidy from the Gouvernement du Québec become the property of the Agency from the date on which the Minister approves the agreement determining the terms and conditions of transfer. The absence of agreement or the withholding of approval by the Minister shall not operate to prevent the Agency from taking possession of the railway rolling stock and assets necessary for the operation of the suburban train system from 1 January 1996.

Notwithstanding the first paragraph, the Société de transport de la Communauté urbaine de Montréal shall continue to service any debt pertaining to property transferred to the Agency under this section. The Société shall remain responsible for the commitments arising out of the securities it has issued and such securities shall continue to constitute direct and general obligations of the Société. The Agency shall reimburse the Société de transport de la Communauté urbaine de Montréal, in principal and interest, according to the due dates of debt service payments of the Société.

1995, c. 65, s. 152.

153. The railway rolling stock acquired on behalf of the Government by the Minister on 30 March 1994 and any other assets pertaining to the operation of the suburban train system or the metropolitan bus transit system become the property of the Agency from the dates on which the deed evidencing the transfer is served on the Agency by the Minister.

1995, c. 65, s. 153.

154. (Repealed).

1995, c. 65, s. 154; 2001, c. 23, s. 233.

155. Every by-law of the Société de transport de la Communauté urbaine de Montréal concerning the standards of conduct to be observed by persons in trains, in train stations, on platforms and in parking lots that is in force on 31 December 1995 remains in force until it is replaced by by-law of the Agency and shall apply to the suburban train system of the Agency as if it had been adopted under section 26.

1995, c. 65, s. 155.

156. The Government may, by order, establish the Agency’s first metropolitan bus transit system. The order has retroactive effect to 1 January 1996.

1995, c. 65, s. 156.

157. The Government may designate the equipment and facilities that are metropolitan equipment and facilities referred to in section 36 in the order in council referred to in section 33 or 156, as the case may be.

1995, c. 65, s. 157.

158. For the purposes of the second paragraph of section 42, the Agency shall apportion revenues according to

(1)  the residence of users, for the year 1996;

(2)  the residence of users and the utilization of services, for the year 1997;

(3)  the utilization of services, from the year 1998.

1995, c. 65, s. 158.

Not in force

159. For the purposes of section 51, the Agency shall, not later than (insert here the date of the day occurring 60 days after the date of coming into force of this section), undertake a survey of the road network.

1995, c. 65, s. 159.

160. Notwithstanding sections 71 to 73, the segment of the train route between the territory of Ville de Vaudreuil-Dorion and the territory of Ville de Rigaud shall not be considered for the identification of a municipal territory served for the purposes of the apportionment of the operating costs and the management of the train route concerned.

1995, c. 65, s. 160; 1996, c. 2, s. 1110.

161. The Agency shall, not later than 1 April 1997, produce the strategic development plan referred to in section 76.

The Agency shall produce the revised strategic development plan not later than 1 July 2002.

The council of the Communauté métropolitaine de Montréal shall transmit the revised strategic development plan to the Minister not later than 15 November 2002.

1995, c. 65, s. 161; 2000, c. 56, s. 95.

162. Notwithstanding sections 45 and 49, the Government shall establish, for the year 1996, the amount of the financial assistance provided for therein according to the terms, conditions and factors it indicates.

1995, c. 65, s. 162.

163. The Agency shall, to reduce the budgetary impact of the contributions payable with respect to its mandate in matters concerning metropolitan transportation and the operation of a suburban train system, allot, out of its surplus, an amount which is to be apportioned among certain municipalities, the Société de transport de la Communauté urbaine de Montréal, the Société de transport de la Ville de Laval and the Société de transport de la rive sud de Montréal.

The amount shall not exceed

(1)  $5,000,000 for each of the years 1996, 1997 and 1998;

(2)  $3,500,000 for the year 1999;

(3)  $1,500,000 for the year 2000.

1995, c. 65, s. 163.

164. The amount referred to in the second paragraph of section 163 shall be apportioned in order that

(1)  $500,000, for each of the years 1996, 1997 and 1998, $350,000 for the year 1999 and $150,000 for the year 2000 compensate, in proportion to the amount owed by the municipalities referred to in paragraph 3 of section 71, all or part of their share of the amount payable by them to the Agency under section 73;

(2)  the balance of that amount, for each year concerned, is paid by the Agency, as the case may be, to the Société de transport de la Communauté urbaine de Montréal, the Société de transport de la Ville de Laval and the Société de transport de la rive sud de Montréal, according to the criteria and the terms and conditions of apportionment determined by the Government.

1995, c. 65, s. 164.

165. (Omitted).

1995, c. 65, s. 165.

166. The Agency succeeds to the rights and obligations of the Conseil métropolitain de transport en commun.

The transit tickets issued by the Conseil métropolitain de transport en commun before 15 December 1995 remain valid after that date and may continue to be validly issued by the Agency. The tickets shall continue to be honoured until the Agency disallows them. The Agency’s decision takes effect on the fifteenth day after the date on which it is published in a daily newspaper distributed in its territory. Until 31 December 1995, the revenue from the sale of such tickets is deemed to form part of the assets of the Conseil to be apportioned pursuant to any by-law passed under section 25 of the Act respecting the Conseil métropolitain de transport en commun (chapter C-59.001) before 15 June 1995. From 1 January 1996, the revenue shall belong to the Agency.

The Minister, or the person designated by him, is entrusted with a mandate to perform any act of an administrative nature necessary for the liquidation of the Conseil. The mandate is valid until revoked by the Agency. Every decision of the Minister is binding on the Agency.

1995, c. 65, s. 166.

167. From 1 February 1996 and until the Agency establishes its own fare schedule, the fares determined in Schedule B are deemed to be the Agency’s fares and to apply to all of its metropolitan transit tickets.

1995, c. 65, s. 167.

168. The Société de transport de Montréal shall, as mandatary, print the transit tickets of the Agency according to the directives of the Agency. It is entitled to the reimbursement of the actual costs agreed upon with the Minister and incurred in the performance of its mandate. The Société de transport de Montréal, the Société de transport de Laval and the Société de transport de Longueuil shall sell the Agency’s tickets. The mandate is gratuitous and is valid until revoked by the Agency.

The corporation referred to in the first paragraph shall honour the tickets validly issued under section 166 provided the user pays, as the case may be, when using the system, the difference between the fares of the Conseil métropolitain de transport en commun and those referred to in section 167.

The corporations shall refer to the Minister any matter relating to the carrying out of a mandate referred to in this section. Every decision of the Minister is binding on the Agency.

1995, c. 65, s. 168; 2001, c. 23, s. 234.

169. The minutes, records and documents of the Conseil métropolitain de transport en commun become the minutes, records and documents of the Agency.

1995, c. 65, s. 169.

170. The Government may decide any matter concerning the liquidation of the Conseil métropolitain de transport en commun that is referred to it by the Agency.

1995, c. 65, s. 170.

171. For the purposes of this Act, the Minister may acquire by expropriation in favour of the domain of the State any property that the Agency cannot otherwise acquire.

The Minister shall deliver the property to the Agency as soon as the transfer of ownership takes effect in accordance with the provisions of section 53 of the Expropriation Act (chapter E‐24).

1995, c. 65, s. 171; 1996, c. 13, s. 27; 2000, c. 56, s. 96.

172. On or before 1 January 1999, the Minister shall make an assessment of the application of this Act and shall, for that purpose, consult with the public transit operating authorities and the municipalities in order to conclude an agreement whereby control over the Agency would be entrusted to regional decision-makers.

The Minister shall also take into account the recommendations of the Commission de développement de la métropole.

The Minister shall make a report to the National Assembly on or before 1 December 1999 or, if the Assembly is not sitting, within 15 days of resumption. The Minister shall also lay before the Assembly any agreement concluded during the consultation, indicating the legislative amendments that will be required to give effect to such an agreement.

1995, c. 65, s. 172; 1997, c. 44, s. 95.

173. The Minister of Transport is responsible for the administration of this Act.

1995, c. 65, s. 173; 1996, c. 13, s. 28; 1999, c. 43, s. 14; 2000, c. 56, s. 97.

174. (Omitted).

1995, c. 65, s. 174.

SCHEDULE A

(Repealed).

1995, c. 65, Schedule A; 2001, c. 23, s. 235.

SCHEDULE B

FARE SCHEDULE FOR METROPOLITAN TRANSPORTATION

Deux-Montagnes Line								
From Montréal to:	Monthly pass 
train only		Monthly pass
train, metro and STCUM bus		Ticket 
train only		Monthly pass 
train, metro and 
STCUM, STL, STRSM buses	
		regular	reduced (1)		regular	reduced (1)		regular	reduced (1)		regular	reduced (1)
Zone 1:								
								
Portal-Height				$44.50	$18.50		$1.30	$0.65		
Mont-Royal								
Vertu								
Monkland								
Val-Royal								
Zone 2:								
								
A-Ma-Baie				$58.50 	$29.25		$2.60	$1.30		
Roxboro								
Zone 3:								
								
Île Bigras						$3.30 	$1.65	$73.00	$40.00
Sainte-Dorothée								
Zone 4:								
								
Grand-Moulin	$85.00	$42.50	$102.50	$51.25		$3.30 	$1.65 		
Deux-Montagnes								
Rigaud Line								
From Montréal to:	Monthly pass 
train only		Monthly pass
train, metro and STCUM bus		Ticket 
train only		Cash fare 
train only	
		regular	reduced (1)		regular	reduced (1)		regular	reduced (1)		regular	reduced (1)
Zone 1:					6 for $7.75	6 for 
$3.75 		
Vendôme			$44.50 	$18.50				$1.85	$1.00
Montréal-Ouest								
Lachine								
Dorval								
Zone 2: 					2 
zone 1  
tickets	2 
zone 1  
tickets		
Pine Beach			$58.50 	$29.25 				$3.70 	$2.00
Valois								
Pointe-Claire								
Cedar Park								
Beaconsfield								
Beaurepaire								
Baie-d’Urfé								
Sainte-Anne-
de-Bellevue								
Zone 3:					5 for
$14.50	5 for
$7.25 		
Île Perrot	$69.50	$34.75	$87.00	$43.50			$4.25	$2.10
Pincourt	$69.50	$34.75	$87.00	$43.50			$4.25	$2.10
Dorion	$74.50 	$37.25	$92.00	$46.00			$4.25	$2.10
Zone 4:					5 for $18.00	5 for
 $9.00 		
Hudson	$84.50	$42.25	$102.00	$51.00			$4.75	$2.40
Rigaud	$94.50	$47.25	$112.00	$56.00			$4.75	$2.40
Monthly pass: metro and STCUM, STL and STRSM buses								
Rates in force on 1 February 1996								
	Monthly pass
	metro and STCUM
	STL and STRSM buses								
								
	regular	reduced (1)							
	$73.00	$40.00							
(1) The reduced rate applies to persons 65 years of age and over and to students under the age of 18, on presentation of an identity card.								

1995, c. 65, Schedule B.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 65 of the statutes of 1995, in force on 1 March 1996, is repealed, except sections 125 to 133, 135 to 140, 145 to 150 and 174, effective from the coming into force of chapter A-7.02 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 125 to 133 and 135 to 140 of chapter 65 of the statutes of 1995, in force on 1 March 1997, are repealed effective from the coming into force of the updating to 1 March 1997 of chapter A-7.02 of the Revised Statutes.