C-11.2 - Charter of Ville de Lévis

À jour au 25 novembre 2002

Ce document a valeur officielle.

chapter C-11.2

Charter of Ville de Lévis

CHAPTER I CONSTITUTION OF THE MUNICIPALITY

1. A city is hereby constituted under the name “Ville de Lévis”.

2000, c. 56, Sch. V, s. 1.

2. The city is a legal person.

2000, c. 56, Sch. V, s. 2.

3. The territory of the city is the territory described in Schedule A.

2000, c. 56, Sch. V, s. 3.

4. Subject to any other provision of this Act or of any order of the Government made under section 9, the city is a municipality governed by the Cities and Towns Act (chapter C‐19).

2000, c. 56, Sch. V, s. 4.

5. The city succeeds to the rights, obligations and charges of the following municipalities as they existed on 31 December 2001: Ville de Charny, Ville de Bernières-Saint-Nicolas, Ville de Lévis, Municipalité de Pintendre, Paroisse de Sainte-Hélène-de-Breakeyville, Municipalité de Saint-Étienne-de-Lauzon, Ville de Saint-Jean-Chrysostome, Paroisse de Saint-Joseph-de-la-Pointe-de-Lévy, Ville de Saint-Rédempteur, Ville de Saint-Romuald, Municipalité régionale de comté de Desjardins and Municipalité régionale de comté des Chutes-de-la-Chaudière.

The city becomes, without continuance of suit, a party to every suit, in the place of every municipality to which the city succeeds.

2000, c. 56, Sch. V, s. 5.

6. The by-laws, resolutions, minutes, assessment roll, collection roll and other acts of each of the municipalities that are consistent with the provisions of this Act and of any order of the Government made under section 9 shall remain in force in the territory for which they were made until their objects are attained or until they are replaced or repealed in accordance with this Act. They are deemed to be acts of the city or, according to the field of jurisdiction to which they relate, of the borough council within which that territory is situated.

2000, c. 56, Sch. V, s. 6; 2001, c. 25, s. 439.

7. The officers and employees of the municipalities referred to in section 5 shall become, without reduction in salary, officers and employees of the city, and shall retain their seniority and employee benefits and, in particular, continue to be members of the pension plan of which they were members prior to the constitution of the city.

The officers and employees of Municipalité régionale de comté de Desjardins and of Municipalité régionale de comté des Chutes-de-la-Chaudière who, on 31 December 2001 exercise their functions within the scope of the jurisdiction of the regional county municipality as regards land use planning, may be reassigned to the Communauté métropolitaine de Québec by any order of the Government made under section 9.

No officer or employee to whom this section applies, other than an officer or employee having entered into employment with any of the municipalities after 15 November 2000, may be laid off or dismissed solely by reason of the constitution of the city.

2000, c. 56, Sch. V, s. 7.

8. Subject to section 8.6, the expenditures related to any debt of a municipality referred to in section 5 shall continue to be financed by revenues derived exclusively from the territory of the municipality or a part thereof. Any surplus of such municipality shall remain for the exclusive benefit of the inhabitants and ratepayers in its territory or a part thereof. To determine if the financing or surplus should burden or be credited to just a part of the territory, the rules applicable on 31 December 2001 respecting the financing of expenditures related to the debt or the source of the revenues that have generated the surplus shall be considered.

Where expenditures related to a debt of a municipality referred to in section 5, for the 2001 fiscal year, were not financed by the use of a specific source of revenue, the city may continue to finance them by using revenues not reserved for other purposes that come from the territory of the municipality. Notwithstanding section 6, the foregoing also applies where those expenditures were financed, for that fiscal year, by the use of revenues from a tax imposed for that purpose on all taxable immovables located in that territory.

If it avails itself of the power provided for in the second paragraph in respect of a debt, the city may not, to establish the tax burden provided for in section 101.1, charge to the revenues derived from the taxation specific to the non-residential sector that come from the territory referred to, a percentage of the financing of the expenditures related to that debt greater than the percentage corresponding to the quotient obtained by dividing the total of those revenues by the total revenues provided for in subparagraphs 1 to 7 of the fifth paragraph of section 8.6 and coming from that territory. If the tax burden is established for the 2002 fiscal year or a subsequent fiscal year, the revenues of the preceding fiscal year shall be considered for that division.

For the purposes of the third paragraph, the revenues of a fiscal year are those provided for in the budget adopted for that fiscal year. However, where a statement comparing the revenues provided for in the budget and those which, according to later forecasts, will be the revenues of the fiscal year shows the necessity to update budgetary forecasts, the updated forecasts shall be considered, provided that the statement is filed before the city adopts the budget for the following fiscal year. If several statements are filed successively, the last one shall be considered.

For the purposes of the third paragraph, “revenues derived from the taxation specific to the non-residential sector” means the aggregate of the following:

(1)  revenues from the business tax;

(2)  revenues from the surtax or the tax on non-residential immovables;

(3)  revenues from the general property tax that are not considered in establishing the aggregate taxation rate when, under section 244.29 of the Act respecting municipal taxation (chapter F-2.1), several rates for that tax are fixed;

(4)  revenues from the sum in lieu of a tax referred to in any of subparagraphs 1 to 3 that must be paid either by the Government, in accordance with the second paragraph of section 210 of the Act respecting municipal taxation, by the Government in accordance with section 254 and the first paragraph of section 255 of that Act, or by the Crown in right of Canada or one of its representatives, except, if the amount stands in lieu of the general property tax, revenues that would be considered in establishing the aggregate taxation rate if it was the tax itself.

Are deemed to constitute expenditures related to a debt of a municipality referred to in section 5 and financed by revenues derived from its entire territory the amounts required after 31 December 2001, in relation to a sum determined pursuant to subparagraph 4 of the second paragraph of section 137 of the Supplemental Pension Plans Act (chapter R-15.1) in respect of a pension plan to which that municipality was a party or in relation to the amortization of any unfunded actuarial liability of such a plan. The foregoing also applies to the contributions paid after 31 December 2001, in relation to the obligations arising from a pension plan not subject to the Supplemental Pension Plans Act to which a municipality referred to in section 5 was a party, in respect of years of past service before 1 January 2002.

The date of the determination of a sum pursuant to subparagraph 4 of the second paragraph of section 137 of the Supplemental Pension Plans Act or of an unfunded actuarial liability provided for in the sixth paragraph must be earlier than 21 June 2001. In addition, in the case of an improvement unfunded actuarial liability, the amendment must have been made before 1 January 2002. However, if a pension plan still has such a sum or unfunded actuarial liability on the date of its division, merger or termination, the contributions paid by the city for that purpose after that date are deemed to be paid in respect of any sum or the amortization of any liability to which the sixth paragraph refers.

Are deemed to constitute a surplus or expenditures related to a debt of a municipality referred to in section 5, respectively, the revenues or costs in relation to legal proceedings or a dispute to which such a municipality or, as the case may be, the city is a party in respect of an event prior to 1 January 2002 that concerns the municipality.

2000, c. 56, Sch. V, s. 8; 2001, c. 25, s. 440; O.C. 1311-2001, s. 1.

8.1. Every intermunicipal agreement providing for the establishment of an intermunicipal management board composed exclusively of municipalities referred to in section 5 shall terminate on 31 December 2001, notwithstanding any inconsistent provision mentioned in the agreement.

Notwithstanding sections 468.48 and 468.49 of the Cities and Towns Act (chapter C-19), an intermunicipal management board referred to in the first paragraph shall cease its activities and is dissolved on 31 December 2001.

2001, c. 25, s. 441.

8.2. The city succeeds to the rights, obligations and charges of a management board referred to in section 8.1. In such a case, the second paragraph of section 5 and sections 6 and 8 apply, with the necessary modifications and, in the case of section 8, as regards the debts, having regard to the apportionment determined by the agreement establishing the management board in respect of capital expenditures.

2001, c. 25, s. 441.

8.3. In the case of an intermunicipal agreement providing for the establishment of an intermunicipal management board composed in part of municipalities referred to in section 5, the city may request the Minister of Municipal Affairs and Greater Montréal to terminate the agreement on a date other than the date provided for in the agreement to enable the management board to be dissolved. If the Minister accepts the request, sections 468.48 and 468.49 of the Cities and Towns Act (chapter C-19) apply, with the necessary modifications, from the date a copy of the Minister’s acceptance is transmitted to the intermunicipal management board and the municipalities that are members thereof.

Section 8 applies in respect of the debts arising from an agreement referred to in the first paragraph, having regard to the apportionment determined by the agreement establishing the management board in respect of capital expenditures.

2001, c. 25, s. 441.

8.4. An intermunicipal agreement providing for a mode of operation other than an intermunicipal management board and entered into exclusively by municipalities referred to in section 5 shall terminate on 31 December 2001. Such an agreement entered into between such a municipality and another municipality shall terminate on 31 December 2002, except in the case of an agreement under Division II of Chapter II of the Act respecting municipal courts (chapter C-72.01). Section 8 applies to the debts arising from such an agreement, having regard to the apportionment determined by the agreement in respect of capital expenditures.

2001, c. 25, s. 441; 2001, c. 68, s. 196.

8.5. The sums derived from the operation or leasing by the city of an industrial immovable, after deduction of related administration and maintenance costs, or from the alienation of the immovable, must be used to discharge the engagements made in respect of the immovable by any municipality referred to in section 5.

If the industrial immovable referred to in the first paragraph was the subject of an agreement under section 13.1 of the Act respecting municipal industrial immovables (chapter I-0.1) which provided for terms and conditions relating to the apportionment of expenditures among the municipalities, the discharge pursuant to the first paragraph of the engagements made must be consistent with those terms and conditions as regards any part of the territory of the city that corresponds to the territory of any such municipality.

2001, c. 25, s. 441; O.C. 1311-2001, s. 2.

8.6. The city may provide that the expenditures relating to the debts of each municipality referred to in section 5 shall be financed in part by revenues derived exclusively from the territory of that municipality and, for the remainder, by revenues derived from the whole territory of the city.

Notwithstanding the foregoing, such decision may not cover what is deemed, under one of the last three paragraphs of section 8, to constitute such expenditures. The following expenditures may neither be covered by such a decision and shall continue to be financed in the same manner as they were for the fiscal year 2001, subject to any other provision, where the expenditures, for that fiscal year,

(1)  are not chargeable to the ratepayers of the municipality, in particular because they are financed by contributions from other bodies or by subsidies;

(2)  are financed by revenues derived from

(a)  a special tax imposed on the taxable immovables situated in only a part of the territory of the municipality or imposed solely on the immovables to the benefit of which work has been carried out;

(b)  an amount in lieu of a tax referred to in subparagraph a that must be paid by the Government in accordance with the second paragraph of section 210 of the Act respecting municipal taxation (chapter F-2.1) or the first paragraph of sections 254 and 255 of that Act or by the Crown in right of Canada or by one of its mandataries;

(c)  a source of revenue that, under section 244.9 of the Act respecting municipal taxation, is used specifically for that purpose.

For the purpose of determining which part of the expenditures covered by the decision under the first paragraph must be financed as provided in the fourth paragraph, the total of the revenues of the municipality listed in subparagraphs 1 to 7 of the fifth paragraph is divided by the total of the revenues of the municipality for the fiscal year 2001 listed in that paragraph.

The product obtained by multiplying those expenditures by the quotient thus obtained represents the portion of the expenditures that must be financed in accordance with section 8. The balance represents the portion of the expenditures concerned that, notwithstanding section 6, may be financed using any source of revenue specific to that purpose imposed on the whole territory of the city or any other revenue therefrom that is not reserved for other purposes.

The revenues to be used for the purposes of the division under the third paragraph are

(1)  the revenues derived from the general property tax, except the revenues not taken into account in establishing the aggregate taxation rate of the municipality and the revenues that the municipality would have collected from the surtax on vacant land had it imposed that surtax rather than fix a general property tax rate specific to the category provided for in section 244.36 of the Act respecting municipal taxation;

(2)  the revenues derived from any special tax imposed on all the immovables in the territory of the municipality on the basis of their taxable value;

(3)  the revenues derived from any amount in lieu of a tax referred to in subparagraph 1 or 2 that must be paid by the Government in accordance with the second paragraph of section 210 of the Act respecting municipal taxation or the first paragraph of sections 254 and 255 of that Act or by the Crown in right of Canada or by one of its mandataries, except, in the case where the amount is in lieu of the general property tax, the revenues that would be covered by the exception provided for in subparagraph 1 if it were the tax itself;

(4)  the revenues derived from the source provided for in section 244.1 of the Act respecting municipal taxation and considered in establishing the aggregate taxation rate of the municipality, except revenues that, under section 244.9 of that Act, are used specifically to finance expenditures related to debts;

(5)  the revenues derived from the surtax on vacant land, the surtax or the tax on non-residential immovables, the business tax and any other tax imposed on the basis of the rental value of an immovable;

(6)  the revenues covered by the exception under subparagraph 1 or 3;

(7)  the revenues derived from any amount in lieu of a tax, other than an amount referred to in subparagraph 3, that must be paid by the Government in accordance with the second paragraph of section 210 of the Act respecting municipal taxation or sections 254 and 255 of that Act or by the Crown in right of Canada or by one of its mandataries;

(8)  the revenues derived from any unconditional government transfer or from the application of the Act respecting duties on transfers of immovables (chapter D-15.1).

For the purposes of the third and fifth paragraphs, the revenues of the municipality for the 2001 fiscal year are those provided for in the budget adopted for that fiscal year. However, where a statement comparing the revenues provided for in the budget and those which, according to later forecasts, will be the revenues of the fiscal year shows the necessity to update budgetary forecasts, the updated forecasts shall be considered, provided that the statement is filed before the city adopts the budget for the 2002 fiscal year. If several statements are filed successively, the last one shall be considered.

The third, fourth and fifth paragraphs of section 8 apply, with the necessary modifications, in respect of the expenditures that the city decides, under the fourth paragraph of this section, to finance by using revenues derived from all its territory, but not from a source of revenue imposed specifically for that purpose, and not reserved for other purposes.

2001, c. 25, s. 441; O.C. 1311-2001, s. 3.

9. The Government may, by order, from among the special legislative provisions that govern any municipality referred to in section 5 on 31 December 2001, determine the provisions, if any, that are to apply to all or any part of the territory of the city determined in the order.

An order under the first paragraph may also, in relation to all or any part of the territory of the city, contain any rule

(1)  prescribing the conditions under which a special legislative provision referred to in the first paragraph is to apply;

(2)  providing a remedy for any omission for the purpose of ensuring the application of this Act; and

(3)  derogating from any provision of an Act for which the Minister of Municipal Affairs and Greater Montréal is responsible, of this Act, of a special Act governing a municipality referred to in section 5, or of an instrument made under any of those Acts.

Any order of the Government made pursuant to this section must be made before 4 November 2001 and comes into force on the date of its publication in the Gazette officielle du Québec or on any later date indicated therein.

2000, c. 56, Sch. V, s. 9; 2001, c. 68, s. 197.

CHAPTER II ORGANIZATION OF THE MUNICIPALITY

DIVISION I DIVISION OF TERRITORY

10. The territory of the city is, for the exercise of certain of its fields of jurisdiction, divided into three boroughs described in Schedule B.

The city council may, by by-law, number the boroughs.

2000, c. 56, Sch. V, s. 10.

DIVISION II CITY COUNCIL AND BOROUGH COUNCILS

11. The affairs of the city shall be administered, in accordance with the apportionment of the powers and jurisdiction provided by this Act, by the city council or, as the case may be, by each borough council.

2000, c. 56, Sch. V, s. 11.

12. Subject to any other provision of this Act or any order of the Government made under section 9, the borough council is, as regards the exercise of its jurisdiction, subject to the rules provided for by the Cities and Towns Act (chapter C‐19) in respect of the council of a municipality, in particular the rules relating to the requirement that council meetings be open to the public.

2000, c. 56, Sch. V, s. 12.

§ 1 . — City council

13. The city council is composed of the mayor and 15 councillors.

2000, c. 56, Sch. V, s. 13.

14. The mayor is elected by the electors of all the boroughs.

2000, c. 56, Sch. V, s. 14.

15. The councillors are elected in the borough they represent. Each borough is represented on the city council by the number of councillors prescribed by Schedule B in its regard.

2000, c. 56, Sch. V, s. 15; 2001, c. 25, s. 442.

§ 2 . — Borough council

16. A borough council is made up of the councillors who represent the borough on the city council.

2000, c. 56, Sch. V, s. 16.

17. The borough council shall designate a borough chair from among its members.

2000, c. 56, Sch. V, s. 17.

18. If the members of a borough council are unable to designate the chair at the latest at the first regular meeting of the borough council following a general election, the city council may make that designation. As long as the city council has not designated the chair, the members of the borough council may do so.

The person designated to act as borough chair shall hold office until the end of the person’s term of office as councillor in effect at the time of the designation.

2000, c. 56, Sch. V, s. 18.

19. The city council may, by by-law, grant additional remuneration to the borough chair. The additional remuneration may be fixed according to the population of the borough, by classes established by the council or proportionally.

The additional remuneration mentioned in the first paragraph is deemed to be the additional remuneration referred to in the second paragraph of section 2 of the Act respecting the remuneration of elected municipal officers (chapter T-11.001).

2000, c. 56, Sch. V, s. 19; 2001, c. 25, s. 443.

DIVISION III EXECUTIVE COMMITTEE

20. The executive committee of the city is composed of the mayor and five members designated by the mayor from among the members of the council.

The mayor shall designate at least one member from among the councillors of every borough.

The mayor may replace a member of the executive committee at any time.

2000, c. 56, Sch. V, s. 20; 2001, c. 68, s. 198.

21. The mayor of the city is the chair of the executive committee. The mayor shall designate the vice-chair from among the members of the executive committee.

2000, c. 56, Sch. V, s. 21.

22. Any designated member of the executive committee may resign from the executive committee by sending a written notice to that effect, signed by the member, to the clerk. The resignation takes effect on the date the clerk receives the notice, or on any later date specified in the notice.

2000, c. 56, Sch. V, s. 22.

23. The regular meetings of the executive committee are held at the place and on the days and at the times fixed in the internal management by-laws adopted by the council.

The special meetings of the executive committee are held at the place, on the days and at the times fixed by the chair.

2000, c. 56, Sch. V, s. 23.

24. The chair of the executive committee shall convene and preside at meetings of the executive committee and ensure that they are properly conducted.

2000, c. 56, Sch. V, s. 24.

25. The vice-chair replaces the chair where the latter is unable to act or where the office of chair is vacant. The vice-chair may also preside at a meeting of the executive committee at the request of the chair.

2000, c. 56, Sch. V, s. 25.

26. Any member of the executive committee who is not present at the place where a meeting is held may take part in the meeting by means of electronic communications equipment.

However, the communications equipment must enable every person using the equipment or attending the meeting to hear clearly everything that is said by another person in an audible and intelligible voice.

Every member participating in such manner in a meeting is deemed to be present at the meeting.

2000, c. 56, Sch. V, s. 26.

27. The meetings of the executive committee are closed to the public.

However, the executive committee sits in public

(1)  in the cases provided for in the internal management by-laws of the city; and

(2)  for all or part of a meeting if the executive committee so decides.

2000, c. 56, Sch. V, s. 27.

28. A majority of members constitutes a quorum at meetings of the executive committee.

2000, c. 56, Sch. V, s. 28.

29. Each member of the executive committee present at a meeting has one vote.

However, in the case of a tie-vote, the vote of the mayor cast and forming part of the tie-vote becomes the casting vote. The mayor’s casting vote cannot be exercised by the vice-chair who is presiding at the meeting, where that is the case.

2000, c. 56, Sch. V, s. 29; 2001, c. 68, s. 199.

30. Each decision is made by a simple majority vote.

2000, c. 56, Sch. V, s. 30.

31. The executive committee exercises the responsibilities as provided in section 70.8 of the Cities and Towns Act (chapter C‐19) and acts for the city in all cases in which a provision of the internal management by-laws assigns the power to perform the act to the executive committee. The executive committee may grant any contract involving an expenditure that does not exceed $100,000.

The executive committee shall give the council its opinion on any matter, where required to do so under a provision of the by-laws, at the request of the council or on its own initiative.

The opinion of the executive committee does not bind the council. Failure to submit an opinion required under the internal management by-laws or requested by the council does not limit the council’s power to consider and vote on the matter.

2000, c. 56, Sch. V, s. 31.

32. The council may, in the internal management by-laws, determine any act within its jurisdiction which it has the power or the duty to perform, that it delegates to the executive committee, and prescribe the terms and conditions of the delegation.

However, the following powers may not be delegated:

(1)  the power to adopt a budget, a three-year program of capital expenditures or a document required under the Act respecting land use planning and development (chapter A-19.1), Chapter IV of the Cultural Property Act (chapter B-4), the Act respecting municipal courts (chapter C-72.01), the Act respecting elections and referendums in municipalities (chapter E-2.2) or the Act respecting municipal territorial organization (chapter O-9);

(2)  the power to designate a person to a position that may only be held by a member of the council;

(3)  the power to appoint the director general, the clerk, the treasurer and their assistants;

(4)  the power to create the various departments within the city, determine the scope of their activities and appoint the department heads and assistant heads; and

(5)  the power to dismiss, suspend without pay or reduce the salary of an officer or employee referred to in the second or third paragraph of section 71 of the Cities and Towns Act (chapter C-19).

The council may also, in the internal management by-laws, determine any matter on which the executive committee must give its opinion to the council, and prescribe the terms and conditions of consultation. The internal management by-laws may also prescribe the manner in which a member of the council may request the executive committee to report to the council on any matter within the jurisdiction of the executive committee.

2000, c. 56, Sch. V, s. 32; 2001, c. 25, s. 444.

33. The executive committee may adopt an internal management by-law concerning its meetings and the conduct of its affairs. The by-law may, to the extent permitted by the internal management by-laws of the city, provide for the delegation of any power of the executive committee to any officer or employee of the city and fix the conditions and procedures for the exercise of the delegated power.

2000, c. 56, Sch. V, s. 33; 2001, c. 25, s. 445.

34. A decision by the council to delegate a power to or withdraw a power from the executive committee must be supported by a majority of 2/3 of the votes of the members of the council.

2000, c. 56, Sch. V, s. 34.

DIVISION IV PROVISIONS CONCERNING ELECTIONS

35. Subject to this Act and to any order of the Government made under section 9, the Act respecting elections and referendums in municipalities (chapter E-2.2) applies, with the necessary modifications, in respect of the office and election of mayor of the city and of every city councillor.

2000, c. 56, Sch. V, s. 35; 2001, c. 25, s. 446.

36. Every borough shall be divided into districts. There must be one district per councillor.

2000, c. 56, Sch. V, s. 36.

37. For the purposes of section 47 of the Act respecting elections and referendums in municipalities (chapter E‐2.2), the domicile of a person, the immovable of which the person is the owner or the business establishment of which the person is the occupant must be situated within the territory of the borough where the person exercises the right to vote.

2000, c. 56, Sch. V, s. 37.

38. For the purposes of section 57 of the Act respecting elections and referendums in municipalities (chapter E‐2.2), the list formed by the lists of electors of all the boroughs constitutes the list of electors of the municipality.

2000, c. 56, Sch. V, s. 38.

39. A person is eligible for office as mayor or as a member of the city council if the person is entitled to have his or her name entered on the list of electors of any borough and has resided continuously or not in the territory of the city for at least 12 months on 1 September of the calendar year in which a regular election is to be held.

2000, c. 56, Sch. V, s. 39.

DIVISION V OFFICERS AND EMPLOYEES

40. The city is the employer of all its officers and employees, whether they exercise their functions or perform work in connection with responsibilities under the authority of the city or in connection with responsibilities under the authority of a borough council, and decisions relating to their hiring and dismissal, and negotiation of their conditions of employment are within the authority of the city council.

2000, c. 56, Sch. V, s. 40.

41. The borough council shall, however, determine the assignment of the work and the responsibilities of the officers and employees the city assigns to the borough. Disciplinary measures other than dismissal are also within the authority of the borough council.

2000, c. 56, Sch. V, s. 41.

42. The city council shall determine the staff required for the management of each borough.

Subject to the third paragraph, it shall define the staffing methods used to fill positions and the procedures for the identification, placing on reserve and assignment of public servants having permanent tenure who are surplus to the requirements of a borough.

Borough staffing and recall to work must be effected giving priority to the employees in the borough among those who meet the reassignment requirements or, as the case may be, the selection criteria negotiated and agreed by the parties to a collective agreement.

2000, c. 56, Sch. V, s. 42.

43. Notwithstanding section 40, the borough council may negotiate and agree on the clauses of a collective agreement that relate to the following matters:

(1)  overtime work, except remuneration;

(2)  work schedules, except duration of work;

(3)  annual vacation, except quantum and remuneration; and

(4)  statutory and floating holidays, except quantum and remuneration.

2000, c. 56, Sch. V, s. 43.

44. The borough council must send, within 30 days after a notice of negotiation has been received by the addressee or is deemed to have been received in accordance with section 52.2 of the Labour Code (chapter C‐27), a notice to the city and the certified association concerned identifying which of the matters referred to in section 43 it intends to negotiate.

The negotiating stage in respect of matters referred to in section 43 begins once the notice has been received by the certified association.

2000, c. 56, Sch. V, s. 44.

45. Strikes and lock-outs are prohibited in respect of any matter referred to in section 43.

2000, c. 56, Sch. V, s. 45.

46. Clauses negotiated and agreed by a certified association and a borough council also bind the city.

2000, c. 56, Sch. V, s. 46.

47. An agreement on a matter referred to in section 43 shall be filed at one of the offices of the Commission des relations du travail established by the Labour Code (chapter C‐27) in accordance with the first paragraph of section 72 of that Code. The agreement shall take effect in accordance with the provisions of the second paragraph of that section.

2000, c. 56, Sch. V, s. 47; 2001, c. 26, s. 192.

48. If no agreement is reached on a matter referred to in section 43, one party may request the Minister of Labour to appoint a mediator-arbitrator with a view to settling their disagreement.

2000, c. 56, Sch. V, s. 48.

49. The mediator-arbitrator shall endeavour to bring the parties to settle their disagreement. For that purpose, the mediator-arbitrator shall meet with the parties and, in case of refusal to attend a meeting, give them an opportunity to present their observations.

2000, c. 56, Sch. V, s. 49.

50. If a disagreement subsists 60 days after the appointment of the mediator-arbitrator, one party may request the mediator-arbitrator to rule on the subject of the disagreement. If the mediator-arbitrator is of the opinion that a settlement is not likely to be reached by the parties, the mediator-arbitrator shall rule on the question and inform the parties of the decision.

The decision of the mediator-arbitrator is deemed to be an agreement within the meaning of section 47.

2000, c. 56, Sch. V, s. 50.

51. Except on a question of jurisdiction, no action pursuant to article 33 of the Code of Civil Procedure (chapter C‐25) may be taken nor any extraordinary recourse within the meaning of that Code be exercised, and no provisional remedy may be ordered against the mediator-arbitrator appointed under section 48.

2000, c. 56, Sch. V, s. 51.

52. Notwithstanding section 44, a borough council and a certified association may, at any time, negotiate and agree on the replacement, amendment, addition or repeal of a clause of the collective agreement relating to a matter referred to in section 43.

In no case, however, may any negotiation under the first paragraph give rise to a dispute.

2000, c. 56, Sch. V, s. 52.

DIVISION VI CONSEIL DES ARTS

53. The council may, by by-law, establish an arts council.

2000, c. 56, Sch. V, s. 53.

54. The arts council has the following functions:

(1)  to draw up and keep a permanent list of the associations, societies, organizations, groups or persons engaged in artistic and cultural activities in the territory of the city;

(2)  to combine, co-ordinate and promote artistic or cultural initiatives in the territory of the city; and

(3)  within the limits of the funds available for that purpose, to designate the associations, societies, organizations, groups or persons and the artistic or cultural events worthy of receiving grants, fix the amount of any grant and recommend the payment of it by the city.

The city council may, by by-law, confer any other power on the arts council or impose on it any other duty it considers advisable to better enable it to attain its objects.

2000, c. 56, Sch. V, s. 54.

55. The council shall determine, by the by-law referred to in section 53, the number of members composing the arts council, the qualifications they must have, the duration of their terms and the time and method of their appointment and replacement, as well as the rules of internal management and operation of the arts council, and the rules of procedure for its meetings.

2000, c. 56, Sch. V, s. 55.

56. The members of the arts council must be Canadian citizens and be domiciled in the territory of the city.

The members are appointed by the city council which shall designate a chair and two vice-chairs from among the members.

2000, c. 56, Sch. V, s. 56.

57. The members of the arts council are not remunerated. However, they are entitled to reimbursement by the arts council for all expenses authorized by the arts council and incurred by the members in the exercise of their functions.

2000, c. 56, Sch. V, s. 57.

58. The members of the arts council may retain the services of the personnel they require, including a secretary, and fix their remuneration.

The employees of the arts council are not by that sole fact officers or employees of the city.

The treasurer of the city or such assistant as the treasurer may designate is by virtue of office the treasurer of the arts council.

2000, c. 56, Sch. V, s. 58.

59. The fiscal year of the arts council coincides with that of the city, and the city’s auditor shall audit the financial statements of the arts council and, within 120 days following the expiry of the fiscal year, make a report of that audit to the city.

2000, c. 56, Sch. V, s. 59.

60. The arts council is provided with a special fund of which the treasurer of the arts council has custody.

2000, c. 56, Sch. V, s. 60.

61. The fund is constituted of

(1)  the gifts, legacies and grants made to the arts council;

(2)  the sums voted annually for that purpose out of the city’s budget; and

(3)  the sums put at the disposal of the arts council every year that have not been used before the end of the fiscal year.

The city council may, by by-law, prescribe the minimum amount that must be allocated every year for the purposes of subparagraph 2 of the first paragraph. As long as the by-law remains in force, the treasurer of the city must include the amount so prescribed in the certificate the treasurer prepares in accordance with section 474 of the Cities and Towns Act (chapter C‐19).

2000, c. 56, Sch. V, s. 61.

62. The fund shall be used exclusively to pay grants, on the recommendation of the arts council, and to defray the administrative costs of the arts council.

At the end of each fiscal year, the treasurer of the arts council shall render account to it of the sums paid under the first paragraph.

2000, c. 56, Sch. V, s. 62.

63. The jurisdiction of the arts council extends to every municipality whose territory is situated in whole or in part within a 50-kilometre radius of the territory of the city and which has expressed such a desire by a resolution of its council transmitted to the clerk of the city.

The council of such a municipality is empowered to pass the resolution provided for in the first paragraph.

The resolution remains in force for a period of three years; it is thereafter tacitly renewed every three years for a new three-year period unless the municipality has given the clerk of the city a notice to the opposite effect at least six months before the date of expiry of the three-year period then in effect.

The arts council has jurisdiction in respect of the municipality as long as the resolution remains in force.

2000, c. 56, Sch. V, s. 63.

64. The city shall fix the annual contribution that must be paid into the fund by a municipality in respect of which the arts council has jurisdiction pursuant to section 63; it shall also fix the terms and conditions and the time of payment of the contribution.

A municipality may require the city to fix in its respect, for a period of three years, the contribution, the terms and conditions and the time referred to in the first paragraph before it transmits its resolution to the clerk of the city in accordance with the first paragraph of section 63, or, where applicable, at least one month before the expiry of the time allowed it to give a notice in accordance with the third paragraph of that section.

2000, c. 56, Sch. V, s. 64.

65. A municipality in respect of which the arts council has jurisdiction pursuant to section 63 is authorized and required to pay into the fund the annual contribution fixed in its regard in accordance with section 64.

2000, c. 56, Sch. V, s. 65.

66. For the purposes of this division, “territory of the city” includes the territory of a municipality in respect of which the arts council has jurisdiction pursuant to section 63.

2000, c. 56, Sch. V, s. 66.

CHAPTER III JURISDICTION

DIVISION I GENERAL PROVISIONS

67. The city has jurisdiction in all matters within the jurisdiction of a local municipality, and shall exercise its powers and fulfil its obligations in respect thereof, subject to any provision of this Act or of any order made by the Government under section 9.

The city shall act through its council if the apportionment of jurisdiction provided by this Act does not implicitly or explicitly enable a determination to be made as to whether the power to act lies with the city council or with the borough council.

2000, c. 56, Sch. V, s. 67.

67.1. Only the city council may submit, for the purposes of section 517 of the Act respecting elections and referendums in municipalities (chapter E-2.2), to all the qualified voters of all or part of the territory of the city, a question relating to a jurisdiction of the city council or a jurisdiction of a borough council.

2001, c. 25, s. 447.

68. The city council may, by a by-law adopted by 2/3 of the votes of its members, order that it has jurisdiction in all or part of a field within the authority of the borough councils.

The city council may, by a by-law adopted by 2/3 of the votes of its members, delegate to the borough councils its jurisdiction in all or part of a field within its jurisdiction, other than the power to borrow and the power to levy taxes.

2000, c. 56, Sch. V, s. 68.

69. The city council may, subject to the conditions it determines, provide a borough council with a service related to a jurisdiction of the borough council; the resolution of the city council shall take effect on passage by the borough council of a resolution accepting the provision of services.

A borough council may, subject to the conditions it determines, provide the city council with a service related to a jurisdiction of the city council; the resolution of the borough council shall take effect on passage by the city council of a resolution accepting the provision of services.

Every decision under the first or second paragraph shall be made by a 2/3 majority of the votes cast.

2000, c. 56, Sch. V, s. 69.

69.1. A borough council may, on the conditions it determines, provide to the council of another borough any service related to one of its jurisdictions. The resolution offering such a provision of service becomes effective on the adoption of a resolution accepting the offer.

Every decision under the first paragraph must be made by 2/3 of the votes cast.

2001, c. 25, s. 448.

69.2. The borough council shall obtain the authorization of the city council before giving a grant to a non-profit organization that is suing the city.

The city may claim from a non-profit organization all or part of a grant used for a purpose other that the purpose for which it was given by the city council or a borough council.

O.C. 1311-2001, s. 4.

70. In the event of incompatibility between a provision of a by-law of the city council and a provision of a by-law of the borough council, the former shall prevail.

2000, c. 56, Sch. V, s. 70.

DIVISION II SPECIAL FIELDS OF JURISDICTION OF THE CITY

§ 1 . — General provisions

71. In addition to what is provided in section 67, the city has, to the extent provided by this Act or by the order of the Government made under section 9, special jurisdiction, obligations and powers in the following fields:

(1)  land use planning and development;

(2)  community, economic, cultural and social development;

(3)  culture, recreation and parks;

(4)  social housing;

(5)  the arterial system;

(6)  tourist promotion and hospitality; and

(7)  the municipal court.

2000, c. 56, Sch. V, s. 71; 2001, c. 25, s. 449.

§ 2 . — Land use planning and development

72. For the purposes of paragraph 7 of section 119 of the Act respecting land use planning and development (chapter A‐19.1), the city shall assign to each borough an officer responsible for the issuing of permits and certificates.

2000, c. 56, Sch. V, s. 72.

§ 3 . — Community, economic, cultural and social development

2001, c. 25, s. 450.

73. The city shall prepare a plan relating to the development of its territory.

The plan shall include the objectives pursued by the city as regards community, economic, cultural and social development and the rules relating to the financial support a borough council may grant to a body carrying on its activities in the borough and whose mission is local economic, community, cultural or social development.

2000, c. 56, Sch. V, s. 73; 2001, c. 25, s. 451.

§ 4 . — Culture, recreation and parks

74. The city shall, by by-law, identify the parks and cultural or recreational equipment that are under the authority of the city council and those that are under the authority of the borough councils.

2000, c. 56, Sch. V, s. 74; 2001, c. 25, s. 452.

75. The city may, by by-law, determine the location of a park, whether or not the city is the owner of the land.

Such a by-law is without effect as regards third persons as long as the city is not the owner of the land or has not made an agreement allowing it to operate the park with the owner of the land or, in the case of land in the domain of the State, with the person having authority over the land.

2000, c. 56, Sch. V, s. 75; 2001, c. 25, s. 453.

76. From the coming into force of the by-law provided for in section 75, the city may make an agreement with any person holding the right of ownership or any other right in respect of an immovable situated in the park concerned.

Such an agreement may provide

(1)  that the person retains the right for a certain period or with certain restrictions;

(2)  that the person grants the city a right of preemption;

(3)  that the person agrees not to make improvements or changes to the immovable except with the consent of the city; and

(4)  that the person agrees, in case of total or partial expropriation of the right, not to claim any indemnity by reason of an increase in value of the immovable or right that could result from the establishment of the park or from improvements or changes made to the immovable.

The agreement may also contain any other condition relating to the use of the immovable or right.

2000, c. 56, Sch. V, s. 76.

77. The city may, by by-law, in respect of a park,

(1)  establish rules governing the protection and preservation of the natural environment and its elements;

(2)  determine the extent to which and the purposes for which the public is to be admitted;

(3)  prescribe the conditions on which a person may stay, travel or engage in an activity in the park;

(4)  prohibit or regulate the carrying and transport of firearms;

(5)  prohibit or regulate the use or parking of vehicles;

(6)  prohibit the transport and possession of animals or prescribe the conditions with which a person having custody of an animal must comply;

(7)  prohibit or regulate posting;

(8)  establish rules for maintaining order and for ensuring the cleanliness of the premises and the well-being and tranquillity of users;

(9)  prohibit certain recreational activities or prescribe conditions governing participation in such activities;

(10)  prohibit or regulate the operation of businesses;

(11)  determine cases where a person may be kept out or expelled; and

(12)  determine powers and obligations of employees.

2000, c. 56, Sch. V, s. 77; 2001, c. 25, s. 454.

78. The city may operate accommodation, restaurant or commercial establishments, or parking lots, in a park, for the benefit of users, or cause such establishments to be operated.

2000, c. 56, Sch. V, s. 78; 2001, c. 25, s. 455.

79. The city, a regional county municipality or a local municipality may make an agreement with respect to parks in accordance with the provisions of Section XXV of Chapter II of Title XIV of the Municipal Code of Québec (chapter C‐27.1).

2000, c. 56, Sch. V, 79.

80. For the purposes of sections 74 to 79, a natural area or a corridor for recreational and sports activities is considered to be a park.

2000, c. 56, Sch. V, s. 80.

§ 5 . — Social housing

81. The city shall establish a social housing development fund.

The city shall pay into the fund annually an amount at least equal to the basic contribution required to build the housing allocated to its territory by the Société d’habitation du Québec.

The Société shall provide the city with the information necessary to determine the amount to be paid into the fund.

2000, c. 56, Sch. V, s. 81.

§ 6 . — Arterial system

82. The city shall identify, from among the streets and roads under the management of the city pursuant to section 467.16 of the Cities and Towns Act (chapter C‐19), those which form its arterial system and those which form the system under the authority of the borough councils.

It shall also establish minimum standards for the management of those systems.

The city council shall, in respect of the city’s arterial system, exercise the jurisdiction of the city as regards roads, traffic signs and signals, the control of traffic and parking; the city council may prescribe standards for the harmonization of the rules governing roads, traffic signs and signals, the control of traffic and parking in respect of all the systems referred to in the first paragraph.

2000, c. 56, Sch. V, s. 82; 2001, c. 25, s. 456.

§ 7 . — Tourist promotion and hospitality

83. The city has jurisdiction to promote tourism and provide for tourist hospitality in its territory.

The city may enter into an agreement with any person or body pursuant to which it entrusts to or shares with such person or body the exercise of the jurisdiction provided for in the first paragraph or of any aspect thereof. Where the person or body has jurisdiction in a territory other than that of the city, the latter may, in carrying out the agreement, also promote tourism and tourist hospitality in that other territory.

2000, c. 56, Sch. V, s. 83.

DIVISION III JURISDICTION OF THE BOROUGH COUNCIL

§ 1 . — General provisions

84. The borough council may submit opinions and make recommendations to the city council on the budget, the establishment of budgetary priorities, the preparation or amendment of the planning program, amendments to planning by-laws, or any other subject submitted to it by the city council.

2000, c. 56, Sch. V, s. 84.

85. The borough council has, for the borough and to the extent provided by this Act or by the order of the Government made under section 9, jurisdiction, powers and obligations in the following fields:

(1)  urban planning;

(2)  fire safety and civil protection;

(3)  removal of residual materials;

(4)  local economic, community, cultural and social development;

(5)  culture, recreation and borough parks; and

(6)  local roads.

Subject to the provisions of this Act or of an Order in Council made under section 9, the borough council shall exercise, on behalf of the city, all powers within the jurisdictions of the city, with the necessary modifications, and is subject to all obligations assigned to or imposed on the council of a local municipality by the Cities and Towns Act (chapter C-19) or another Act, excluding the powers to borrow, to tax and to sue and be sued.

The borough council may, by by-law, delegate any power related to the exercise of its jurisdiction in matters of personnel management to any officer or employee assigned by the city to the borough. The by-law shall indicate the conditions to which the delegation is subject. The officer or employee to which such a delegation has been made shall report to the borough council on any decision made in relation to the delegated power at the first regular meeting after the expiry of five days following the decision.

The borough council shall maintain a borough office, for the purposes of issuing permits and affording the population access to information on any matter within the authority of the city council or of the borough council.

2000, c. 56, Sch. V, s. 85; 2001, c. 25, s. 457; O.C. 1311-2001, s. 5; 2001, c. 76, s. 190; 2002, c. 37, s. 33.

§ 2 . — Urban planning

86. For the purposes of sections 123 to 137 of the Act respecting land use planning and development (chapter A‐19.1),

(1)  a public consultation meeting shall be held in each borough concerned by the draft by-law;

(2)  the date, time and place of any meeting shall be fixed by the council of any borough in which a meeting is to be held under paragraph 1;

(3)  every public consultation meeting shall be presided by the chair of the borough council;

(4)  the notice required by section 126 of that Act shall be posted at the office of the city and at the office of each borough concerned by the draft by-law, and shall state that a copy of the draft by-law is available for consultation both at the office of the city and at the office of each such borough;

(5)  the summary referred to in section 129 of that Act may be obtained at the office of the borough; and

(6)  a notice under section 132 of that Act shall be issued separately for each borough and shall deal only with the provisions of the second draft by-law that are to affect the borough concerned by the notice.

2000, c. 56, Sch. V, s. 86.

87. The borough council may, in accordance with Chapter V of Title I of the Act respecting land use planning and development (chapter A‐19.1), with the necessary modifications, establish an advisory planning committee.

2000, c. 56, Sch. V, s. 87.

88. A borough council having an advisory planning committee may adopt a by-law concerning minor exemptions from the planning by-laws of the city.

Division VI of Chapter IV of Title I of the Act respecting land use planning and development applies (chapter A‐19.1), with the necessary modifications. In particular, the notice referred to in section 145.6 of that Act shall be published in accordance with the Cities and Towns Act (chapter C‐19) and be posted at the office of the borough.

2000, c. 56, Sch. V, s. 88.

§ 3 . — Fire safety and civil protection

2001, c. 76, s. 190.

89. The borough council shall participate, by its recommendations, in the preparation of the city’s fire safety cover plan and civil protection plan and their amendments and revisions, and promote the implementation in the borough of the measures contained in the plans.

2000, c. 56, Sch. V, s. 89; 2001, c. 76, s. 190.

§ 4 . — Removal of residual materials

90. The borough council shall exercise the jurisdiction of the city as regards the removal of residual materials.

2000, c. 56, Sch. V, s. 90.

§ 5 . — Local economic, community, cultural and social development

2001, c. 25, s. 458.

91. Notwithstanding the Municipal Aid Prohibition Act (chapter I‐15), the borough council may, in accordance with the rules established in the development plan prepared by the city pursuant to section 73, provide financial support to a body carrying on its activities in the borough and whose mission is local economic, community, cultural or social development.

2000, c. 56, Sch. V, s. 91; 2001, c. 25, s. 459.

§ 6 . — Culture, recreation and borough parks

92. The borough council exercises the powers of the city in respect of the parks and the cultural and recreational equipment within its jurisdiction pursuant to the by-law adopted under section 74, except those provided for in section 79.

The borough council is also responsible for the organization of recreational sports and sociocultural activities. It may for that purpose and in accordance with the rules established in the development plan prepared by the city pursuant to section 73 provide financial support to bodies whose goal is to organize and foster physical or cultural activity.

2000, c. 56, Sch. V, s. 92; 2001, c. 25, s. 460.

§ 7 . — Local roads

93. The borough council exercises, in respect of the streets and roads under its responsibility pursuant to the by-law adopted by the city council for the purposes of section 82 and in a manner consistent with the rules prescribed under the second and third paragraphs of that section, the jurisdictions of the city as regards roads, traffic signs and signals, the control of traffic and parking.

2000, c. 56, Sch. V, s. 93; 2001, c. 25, s. 461.

CHAPTER IV SPECIAL FINANCIAL AND FISCAL PROVISIONS

DIVISION I FINANCIAL PROVISIONS

94. The city shall determine the annual allotment to be made to each borough council according to a formula it determines that establishes, among other things, elements of equalization among the boroughs.

2000, c. 56, Sch. V, s. 94.

95. The borough council is responsible for the management of its budget.

It must, however, administer its allotment in conformity with the minimum standards fixed by by-law of the city council regarding the level of services to be offered by each borough council.

2000, c. 56, Sch. V, s. 95.

96. The only mode of tariffing which may be used by the borough council to finance all or part of its property, services or activities is a tariff involving a fixed amount charged on an ad hoc basis, in the form of a subscription or under terms similar to those of a subscription, for the use of a property or service or in respect of a benefit derived from an activity.

No borough council shall require the inhabitants and ratepayers of the other city boroughs to pay an amount greater than the amount required from the inhabitants and ratepayers of the borough.

Revenues generated by the application by the borough council of a mode of tariffing referred to in the first paragraph are for the exclusive use of the borough council.

2000, c. 56, Sch. V, s. 96.

97. The borough council may request the city to grant it an additional amount with a view to increasing the level of its services.

Where the city grants the borough council’s request, the city may, to finance such additional amount, require compensation from the owners or occupants of immovables situated in the borough, or levy a tax on all or any portion of the taxable immovables situated in the borough.

2000, c. 56, Sch. V, s. 97; 2001, c. 25, s. 462.

98. Every agreement entailing commitment of the city’s funds by a borough council for a period extending beyond the fiscal year in which the agreement is made must be authorized by the city council.

The city council may, by by-law, provide for exceptions to the rule set out in the first paragraph.

Every by-law by which the borough council delegates the power to authorize expenditures to an officer or employee assigned by the city to the borough must be authorized by the city council where the authorization of expenditures that may be granted under the delegation entails commitment of the city’s credit for a period extending beyond the fiscal year in which the authorization is granted.

2000, c. 56, Sch. V, s. 98; 2002, c. 37, s. 34.

99. A loan by-law the subject of which is the execution of permanent work on waste water purification works, drinking water supply systems, underground conduits, road surfacing, curbs, sidewalks, lighting and traffic signs and signals, and the acquisition by agreement or expropriation of land or servitudes required for the execution of that work need not be submitted for approval to the qualified voters.

2000, c. 56, Sch. V, s. 99.

DIVISION II FISCAL PROVISIONS

§ 1 . — Interpretation and general provisions

2001, c. 25, s. 463.

100. For the purposes of this division, the territory of each local municipality referred to in section 5 constitutes a sector.

2000, c. 56, Sch. V, s. 100; 2001, c. 25, s. 463.

100.1. The city is subject to the rules provided for by the applicable legislation in respect of all the local municipalities, in particular the rules that prevent the fixing of different general property tax rates according to the parts of the municipal territory and the rules that provide for the use of specific sources of revenue to finance expenditures relating to debts.

The city may, however, depart from those rules but only insofar as is necessary for the application of any of the provisions of this division, of section 8 or of section 8.6.

2001, c. 25, s. 463; O.C. 1311-2001, s. 6.

100.2. Where, under any provision of this Division, the revenues of the city or municipality referred to in section 5 for a given fiscal year must be compared with revenues of the city for the following fiscal year, the revenues provided for in each budget adopted for those two fiscal years must be considered.

Notwithstanding the foregoing, where a statement comparing the revenues provided for in the budget of the given fiscal year and those which, according to a later forecast, will be the revenues of the fiscal year which shall be considered shows the necessity to update budgetary forecasts, the updated forecasts shall be considered, provided that the statement is filed before the city adopts the budget for the following fiscal year. If several statements are filed successively, the last one shall be considered.

O.C. 1311-2001, s. 7.

§ 2 . — Limitation on increases in the tax burden

2001, c. 25, s. 463.

101. The city shall avail itself either of the power provided for in section 101.1 and, if it imposes the business tax, of that provided for in section 101.2, or of the power provided for in section 101.7.

2000, c. 56, Sch. V, s. 101; 2001, c. 25, s. 463.

101.1. The city may, for a fiscal year, fix any general property tax rate in such manner that, in relation to the preceding fiscal year, the increase in the tax burden borne by the aggregate of the units of assessment situated in a sector and in respect of which all or part of the rate applies is not greater than 5%.

The tax burden shall consist of

(1)  the revenues derived from the general property tax which result from the application of all or part of a rate of that tax;

(2)  the revenues derived from other taxes, including the taxes imposed on the basis of the rental value of immovables and compensations considered by the applicable legislation to be taxes, in particular the taxes used to finance services such as the supply of drinking water, waste water purification, snow removal, waste disposal, and residual materials upgrading;

(2.1)  the revenues taken into consideration in the establishment of the aggregate taxation rate and derived from indemnities and modes of tariffing not referred to in subparagraph 2;

(3)  the revenues derived from the amounts to stand in lieu of taxes that must be paid in respect of immovables by the Government in accordance with the second paragraph of section 210 of the Act respecting municipal taxation (chapter F-2.1) or by the Government in accordance with section 254 and the first paragraph of section 255 of that Act, or by the Crown in right of Canada or by one of its mandataries;

(4)  the revenues of which the city has deprived itself by granting a credit in respect of any of the sources of revenue referred to in any of subparagraphs 1 to 3, for the application of section 8 as regards the allocation of the credit from a surplus.

However, the revenues referred to in the second paragraph which are used to finance expenditures relating to debts shall be excluded from the tax burden.

For the application of subparagraphs 2 and 3 of the second paragraph, the word “immovables” means business establishments when the business tax or the amount standing in lieu thereof is involved.

2001, c. 25, s. 463; O.C. 1311-2001, s. 8.

101.2. The city may, for a fiscal year, fix the rate of the business tax in such manner that, in relation to the preceding fiscal year, the increase in the revenues derived from that tax in respect of all the business establishments situated in a sector is not greater than 5%.

The revenues derived from the amounts to stand in lieu of the business tax that must be paid by the Government in accordance with the second paragraph of section 210 or the second paragraph of section 254 and the first paragraph of section 255 of the Act respecting municipal taxation (chapter F-2.1), or that must be paid by the Crown in right of Canada or one of its mandataries, shall be included in those revenues.

2001, c. 25, s. 463; 2001, c. 68, s. 200.

101.3. If the city avails itself of any of the powers provided for in sections 101.1 and 101.2, it may replace the maximum percentage increase in that section by another maximum percentage increase, applicable only to the group formed of the sectors concerned, which must be less than 5%.

2001, c. 25, s. 463.

101.4. Where the increase under section 101.1 or 101.2 does not result solely from the constitution of the city, the maximum shall apply only in respect of the part of the increase that results from the constitution.

2001, c. 25, s. 463.

101.5. If the city avails itself of any of the powers provided for in sections 101.1 and 101.2, it shall, subject to any regulation under the second paragraph, prescribe the rules to determine whether the increase under that section results solely from the constitution of the city and, if not, to establish the part resulting from the constitution.

The Government may, by regulation, determine the only cases in which an increase is deemed not to result from the constitution of the city.

If the city avails itself of the power provided for in section 101.1 and if, for any fiscal year referred to in that section, the surtax or the tax on non-residential immovables or the surtax on vacant land is imposed, the city must prescribe the rules to enable the appropriate correspondences to be made so as to obtain the same results, as regards the application of that section, were the general property tax imposed for the fiscal year, pursuant to section 244.29 of the Act respecting municipal taxation (chapter F-2.1), with a rate specific to the category referred to in section 244.33 or 244.36, as the case may be, of that Act.

2001, c. 25, s. 463; 2001, c. 68, s. 201.

101.6. For the purpose of the establishment of the percentage increase referred to in section 101.1 for the fiscal year 2002, where the local municipality whose territory constitutes the sector concerned has appropriated as revenue for the fiscal year 2001 all or part of its surpluses from preceding fiscal years, in an amount exceeding the average of the amounts it appropriated for the fiscal years 1996 to 2000, the difference obtained by subtracting from that excess amount the amount of the sum that the municipality was exempted from paying, by the operation of sections 90 to 96 of chapter 54 of the statutes of 2000, for the special local activities financing fund, shall be included for the fiscal year 2001 in the tax burden borne by the aggregate of the units of assessment situated in the sector.

2001, c. 25, s. 463.

101.7. The city may prescribe the rules enabling it to grant an abatement for a fiscal year in such manner that, in relation to the preceding fiscal year, any increase in the tax burden borne by a unit of assessment or a business establishment is not greater than 5 %.

The last three paragraphs of section 101.1 and sections 101.2 to 101.6 apply, with the necessary modifications, for the purposes of the limitation on the increase under the first paragraph.

If it avails itself of the power provided for in the first paragraph, the city shall determine the rules to enable the rules set out in the provisions among those referred to in the second paragraph which take into consideration aggregates of units or of establishments, to be adapted to each unit of assessment or business establishment considered individually.

2001, c. 25, s. 463; O.C. 1311-2001, s. 9.

§ 3 . — Limitation on decreases in the tax burden

2001, c. 25, s. 463.

102. The city may, for a fiscal year, fix any general property tax rate in such manner that, in relation to the preceding fiscal year, the decrease in the tax burden borne by the aggregate of the units of assessment situated in a sector and in respect of which all or part of the rate applies is not greater than the percentage, applicable only to the group formed of the sectors concerned, fixed by the city.

The last three paragraphs of section 101.1, the third paragraph of section 101.5 and section 101.6 apply, with the necessary modifications, for the purposes of the limitation on the decrease under the first paragraph.

2000, c. 56, Sch. V, s. 102; 2001, c. 25, s. 463; O.C. 1311-2001, s. 10.

102.1. The city may, for a fiscal year, fix the rate of the business tax in such manner that, in relation to the preceding fiscal year, the decrease in the revenues derived from that tax in respect of the aggregate of the business establishments situated in a sector is not greater than the percentage, applicable only to the group formed of the sectors concerned, fixed by the city.

The revenues derived from the amounts to stand in lieu of the business tax that must be paid by the Government in accordance with the second paragraph of section 210 or the second paragraph of section 254 and the first paragraph of section 255 of the Act respecting municipal taxation (chapter F-2.1), or that must be paid by the Crown in right of Canada or one of its mandataries, shall be included in those revenues.

2001, c. 25, s. 463; 2001, c. 68, s. 202.

102.2. If the city does not avail itself of the power provided for in section 102 or 102.1, it may prescribe the rules enabling it to require a supplement for a fiscal year in such manner that, in relation to the preceding fiscal year, the decrease in the tax burden borne by any unit of assessment or any business establishment is not greater than the percentage, applicable only to the group formed of the whole territory, fixed by the city.

The last three paragraphs of section 101.1, the third paragraph of section 101.5 and section 101.6, in the case of a unit of assessment, or the second paragraph of section 102.1, in the case of a business establishment, apply, with the necessary modifications, for the purposes of the limitation on the decrease under the first paragraph.

If it avails itself of the power provided for in the first paragraph, the city shall determine the rules to enable the rules set out in the provisions among those referred to in the second paragraph which take into consideration aggregates of units or of establishments, to be adapted to each unit of assessment or business establishment considered individually.

2001, c. 25, s. 463; O.C. 1311-2001, s. 11.

§ 4 . — Miscellaneous provisions

2001, c. 25, s. 463.

102.3. The city may avail itself of the powers provided for in Division III.1 of Chapter XVIII of the Act respecting municipal taxation (chapter F-2.1) in respect of one sector without doing so in respect of another sector, or it may avail itself of such powers in a different manner according to the sectors.

Where under section 244.29 of the Act respecting municipal taxation, the city imposes the general property tax, for a fiscal year, with a rate specific to the category provided for in section 244.36 of that Act, and it is impossible to comply with both the limitation of the variation in the tax burden applicable under the provisions of subdivision 2 or 3 and the minimum and maximum provided for in section 244.49 of that Act, the city may, for that fiscal year, fix several such rates that differ according to the sectors and that comply with such minimum and maximum. In such a case, none of the rates is a rate referred to in the first paragraph of section 101.1 or subparagraph 1 of the second paragraph of that section.

Where the city imposes the surtax on vacant land, for a fiscal year, and it is impossible to comply with both the limitation of the variation in the tax burden applicable under the provisions of subdivision 2 or 3 and the minimum and maximum provided for in section 486 of the Cities and Towns Act (chapter C-19), the city may, for that fiscal year, fix several rates of the surtax that differ according to the sectors and that comply with such minimum and maximum. In such a case, none of the rates is a rate referred to in the first paragraph of section 101.1 or subparagraph 1 of the second paragraph of that section as a result of the correspondence rules adopted under the third paragraph of section 101.5.

The difference between a rate fixed under the second or third paragraph and the rate that would be fixed if the limitation of the variation in the tax burden were complied with may not exceed whatever is strictly necessary for compliance with the minimum or maximum referred to in that paragraph.

2001, c. 25, s. 463; 2001, c. 68, s. 203.

102.4. Where, under section 244.29 of the Act respecting municipal taxation (chapter F-2.1), the city fixes, for a fiscal year prior to the fiscal year in which the first assessment roll drawn up specifically for the city comes into force, a general property tax rate specific to any of the categories provided for in sections 244.34 and 244.35 of that Act, the coefficient referred to in section 244.44 or 244.47 of that Act is the coefficient established on the basis of a comparison of the last two property assessment rolls of the local municipality, among the local municipalities referred to in section 5, that has the largest population for 2001.

2001, c. 25, s. 463.

102.5. For the fiscal year 2002, the city shall impose the business tax in respect of a sector in which that tax was imposed for the fiscal year 2001 and refrain from imposing such a tax in respect of any other sector. In the first case, the city shall fix the rate in such manner that the revenues from the business tax estimated for the fiscal year 2002 in respect of the sector are not less than the business tax revenues of the municipality referred to for the fiscal year 2001.

For every fiscal year subsequent to the fiscal year 2002, if the city does not impose the business tax in respect of the whole of its territory it may impose the business tax in respect of any sector in which that tax was imposed for the fiscal years 2001 and 2002.

For the purposes of the first two paragraphs, the roll of rental values in force in the sector for the fiscal year 2001 shall continue to apply until the end of the last fiscal year for which it was drawn up. The city may, if necessary for the purposes of those paragraphs, cause a roll of rental values to be drawn up pursuant to the Act respecting municipal taxation (chapter F-2.1) in respect of a sector rather than in respect of the whole of its territory.

2001, c. 25, s. 463; O.C. 1311-2001, s. 12.

102.6. The city may establish a program for the purpose of granting, in the circumstances described in the second paragraph, a credit applicable in respect of the amount of the general property tax imposed, for any fiscal year from the fiscal year referred to in subparagraph 1 of that paragraph, on any unit of assessment situated in a sector and that belongs to the group described in section 244.31 of the Act respecting municipal taxation (chapter F-2.1).

The credit may be granted where the following conditions are met :

(1)  for a particular fiscal year, the business tax is not imposed in respect of the sector, either separately or as part of the whole territory of the city, or, if the business tax is imposed, the estimated revenues therefrom in respect of the sector are less than those of the preceding fiscal year ;

(2)  the business tax was imposed in respect of the sector, for the fiscal year preceding the fiscal year referred to in subparagraph 1, without being imposed in respect of the whole territory of the city ; and

(3)  the general property tax revenues estimated in respect of the sector for the fiscal year referred to in subparagraph 1 and derived from the application of all or part of any of the rates specific to the categories provided for in sections 244.33 and 244.34 of the Act respecting municipal taxation are greater than they would have been were it not for the loss of or decrease in business tax revenues.

The credit shall diminish the amount payable of the general property tax imposed on any unit of assessment referred to in the first paragraph in respect of which all or part of a rate referred to in subparagraph 3 of the second paragraph applies. The amount of the credit shall be established according to the rules set out in the program.

The cost of the aggregate of the credits granted in respect of the units of assessment situated in the sector shall be a burden on the aggregate of the units situated in the sector that belong to the group referred to in the first paragraph.

If the city imposes the surtax or the tax on non-residential immovables, it must, if it avails itself of the power under the first paragraph, prescribe the rules enabling the appropriate correspondences to be made so as to obtain the same results, as regards the application of the first four paragraphs, were the city to impose the general property tax with rates specific to the categories comprising the units of assessment subject to the surtax or the tax on non-residential immovables.

For the purposes of the first five paragraphs, the mention of any tax or surtax also refers to the sum in lieu of the tax or surtax that must be paid by the Government in accordance with the second paragraph of section 210 of the Act respecting municipal taxation, by the Government in accordance with section 254 and the first paragraph of section 255 of that Act, or by the Crown in right of Canada or one of its mandataries.

2001, c. 25, s. 463; 2001, c. 68, s. 204.

102.7. Where a local municipality referred to in section 5 has availed itself, in respect of its roll of assessment that came into force on 1 January 2001, of the power provided for in section 253.27 of the Act respecting municipal taxation (chapter F-2.1), the city may, on or before the adoption of the budget for the fiscal year 2002, provide that the averaging of the variation in the taxable values resulting from the coming into force of the roll will continue for that fiscal year in respect of the sector concerned.

2001, c. 25, s. 463.

CHAPTER V EFFECTS OF AN AMALGAMATION ON LABOUR RELATIONS

103. Subject to this section, sections 176.1 to 176.22 of the Act respecting municipal territorial organization (chapter O‐9), the third paragraph of section 176.23, and sections 176.24 to 176.26 apply, with the necessary modifications, to the amalgamations and transfers provided for in paragraph 1 in accordance with the rules set out in paragraphs 2 to 12

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

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

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

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

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

(6)  1 May 2001 is the reference date for the purposes of the second paragraph of section 176.5;

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

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

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

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

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

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

2000, c. 56, Sch. V, s. 103; 2001, c. 26, s. 193.

CHAPTER VI TRANSITION COMMITTEE

DIVISION I COMPOSITION AND ORGANIZATION OF THE TRANSITION COMMITTEE

104. A transition committee composed of the members designated by the Minister of Municipal Affairs and Greater Montréal is hereby constituted, effective 20 December 2000. The number of members of the committee shall not be fewer than five nor more than seven.

The Minister shall designate a chair from among the committee members.

2000, c. 56, Sch. V, s. 104.

105. No person who is a member of the council of a municipality amalgamated under this Act may sit as a member of the transition committee. In addition, a person who has acted as a member of the committee is ineligible for office as a member of the city council in the city’s first general election; no such person may be employed by the city to hold a position referred to in the second paragraph of section 71 of the Cities and Towns Act (chapter C‐19) until the expiry of a period of two years from the end of the person’s term as member of the committee.

2000, c. 56, Sch. V, s. 105.

106. The transition committee is a legal person and a mandatary of the State.

The property of the transition committee forms part of the domain of the State, but the performance of its obligations may be pursued on the property.

The transition committee binds only itself when acting in its own name.

The transition committee has its head office at the place determined by the Minister. Notice of the location and of any change of location of the head office must be published in the Gazette officielle du Québec and in a newspaper circulated in the territory described in section 3.

2000, c. 56, Sch. V, s. 106; 2001, c. 25, s. 464.

107. Every member of the transition committee shall be paid the remuneration and allowances determined by the Minister.

The Minister may determine any other condition of employment of a member and in particular the rules relating to the reimbursement of expenses incurred by the member in the exercise of his or her functions.

2000, c. 56, Sch. V, s. 107; 2001, c. 25, s. 465.

108. No deed, document or writing binds the transition committee unless it is signed by the chair or, to the extent determined in the internal by-laws of the transition committee, by a member of the committee’s personnel.

The committee may allow, subject to the conditions and on the documents it determines in its internal management by-laws, that a signature be affixed by means of an automatic device or that a facsimile of a signature be engraved, lithographed or printed. However, the facsimile has the same force as the signature itself only if the document is countersigned by a person authorized by the chair.

2000, c. 56, Sch. V, s. 108.

109. The minutes of a meeting of the transition committee, approved by the committee and certified by the chair or any other member of the personnel so authorized by the internal management by-laws, are authentic, as are documents and copies emanating from the committee or forming part of its records if signed or certified by any such person.

2000, c. 56, Sch. V, s. 109.

110. The Minister shall appoint the secretary of the transition committee and determine the secretary’s remuneration and other conditions of employment.

The secretary shall attend the meetings of the committee. The secretary shall keep the registers and have custody of the records and documents of the committee. The secretary shall exercise any other responsibility that the committee determines.

The secretary is responsible for access to the committee’s documents.

If the secretary is unable to act, the committee may replace the secretary temporarily by appointing another person to that function. One of the members of the committee may also act in the place of the secretary if the secretary is unable to act.

2000, c. 56, Sch. V, s. 110.

111. The transition committee may hire the employees required for the exercise of its responsibilities, and determine their conditions of employment. The transition committee may also obtain the expert services it considers necessary.

2000, c. 56, Sch. V, s. 111.

112. No judicial proceedings may be brought against the members of the transition committee or the committee’s employees and representatives by reason of an official act done in good faith in the exercise of their functions. Sections 604.6 to 604.10 of the Cities and Towns Act (chapter C‐19) apply, with the necessary modifications, in respect of the committee members and employees.

Any liability that may be connected with the protection of the members and employees of the committee under the first paragraph is assumed by the Government.

2000, c. 56, Sch. V, s. 112.

113. The Government may, under the conditions and on the terms it determines, grant the transition committee any sum it considers necessary for its operation.

Every decision made by the transition committee for the borrowing of money must be approved by the Minister of Municipal Affairs and Greater Montréal. The money borrowed by the transition committee, where such is the case, shall be borrowed at the rate of interest and on the other conditions mentioned in the approval.

2000, c. 56, Sch. V, s. 113; 2001, c. 25, s. 466.

114. The transition committee is a municipal body for the purposes of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1).

2000, c. 56, Sch. V, s. 114.

115. Unless otherwise provided in an order of the Government made under section 9, the mandate of the transition committee ends on 1 January 2002. The committee shall then be dissolved and its assets and liabilities transferred to the city.

2000, c. 56, Sch. V, s. 115.

DIVISION II MISSION OF THE TRANSITION COMMITTEE

116. The mission of the transition committee is to participate, together with the administrators and employees of the municipalities referred to in section 5 and of any body thereof, in the establishment of the conditions most conducive to facilitating the transition, for the citizens of the new city, from the existing administrations to the new city.

2000, c. 56, Sch. V, s. 116.

DIVISION III OPERATION, POWERS AND RESPONSIBILITIES OF THE TRANSITION COMMITTEE

§ 1 . — Operation and powers of the committee

117. The decisions of the transition committee shall be made at meetings of the committee.

The quorum at meetings of the committee is the majority of its members.

2000, c. 56, Sch. V, s. 117.

118. Subject to the second paragraph of section 124, the transition committee shall, during its term, provide the citizens of the municipalities referred to in section 5 with any information it considers relevant to keep them informed on the carrying out of its mission.

The Minister may issue directives to the committee in that respect.

2000, c. 56, Sch. V, s. 118.

119. The transition committee may adopt internal management by-laws establishing its rules of operation.

2000, c. 56, Sch. V, s. 119.

120. The transition committee may form any sub-committee for the examination of particular matters, determine its mode of operation and designate the members, including the person who is to chair the sub-committee.

A person who is not a member of the committee may also be designated as a member of a sub-committee.

2000, c. 56, Sch. V, s. 120.

121. The chair of the transition committee may entrust to one or more members of the committee or, where applicable, of a sub-committee the exercise of certain functions or the examination of any matter the chair indicates.

2000, c. 56, Sch. V, s. 121.

122. The transition committee may require any municipality referred to in section 5 or a body thereof to furnish information, records or documents belonging to the municipality or the body and which the transition committee considers necessary to consult.

The first paragraph also applies in respect of information, records and documents relating to a pension plan referred to in section 7 and held by any administrator of such a plan or by any public body exercising under law a responsibility in respect of such a plan.

2000, c. 56, Sch. V, s. 122; 2001, c. 25, s. 467.

123. The transition committee may require any municipality referred to in section 5 or a body thereof to submit a report on a decision or matter relating to the municipality or the body and that is within and relevant to the committee’s functions, concerning the financial situation of the municipality or body or the staff or any person in its employment.

2000, c. 56, Sch. V, s. 123.

124. Sections 122 and 123 apply notwithstanding the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1).

The members of the transition committee or of any sub-committee and the committee employees are required to ensure the confidentiality of the information obtained under sections 122 and 123.

2000, c. 56, Sch. V, s. 124.

125. The transition committee may, where it considers it necessary for the exercise of its responsibilities, use the services of an officer or employee of a municipality referred to in section 5 or a body thereof. The committee may designate the employee whose services are necessary. The committee and the employer shall agree on the costs to be paid by the committee for the use of the services. However, the employer shall place the designated employee at the disposal of the committee as of the time indicated by the committee, notwithstanding the absence of an agreement respecting the costs for the services.

Failing an agreement, the Minister may designate a conciliator at the request of the committee or the employer to assist the parties in reaching an agreement. The conciliator shall act as if he or she were designated under section 468.53 of the Cities and Towns Act (chapter C‐19), and section 469 of that Act applies in that case, with the necessary modifications.

The officers and employees seconded to the committee remain in the employment of the municipality or the body, as the case may be, are remunerated by their employer, and are governed by the same conditions of employment during the secondment.

2000, c. 56, Sch. V, s. 125; 2001, c. 25, s. 468.

126. Every member of the council and every officer or employee of a municipality referred to in section 5 or a body thereof must cooperate with the transition committee members, employees and representatives acting in the exercise of their functions.

No municipality or body referred to in the first paragraph may prohibit or otherwise prevent its officers or employees from cooperating with the transition committee acting in the pursuit of its mission, or take or threaten to take any disciplinary measure against them for having cooperated with the committee.

Section 123 of the Act respecting labour standards (chapter N-1.1) applies, with the necessary modifications, to any officer or employee who believes he or she has been the victim of a practice prohibited by the second paragraph.

2000, c. 56, Sch. V, s. 126; 2001, c. 25, s. 469.

§ 2 . — Responsibilities of the committee

127. The transition committee shall, as soon as it is able to do so after the designation of all of its members, establish an advisory committee formed of the mayors from the municipalities referred to in section 5. The transition committee may submit to the advisory committee any matter on which it seeks the opinion of the mayors of the municipalities referred to in section 5. The advisory committee may inform the transition committee of its opinion on any matter relating to the mandate of the transition committee.

The transition committee shall hold at least one meeting every month with the advisory committee. A member of the advisory committee who is unable to act may be replaced by a member of the council of the municipality it designates.

The rules of operation of the advisory committee may be prescribed by the internal management by-laws of the transition committee.

2000, c. 56, Sch. V, s. 127.

128. Every decision by which a municipality referred to in section 5 or a body thereof makes a financial commitment for a period extending beyond 31 December 2001 must be authorized by the transition committee if the decision is made on or after 15 November 2000.

Every collective agreement or contract of employment entered into or amended as of 15 November 2000 by a municipality referred to in section 5 must be authorized by the transition committee if the effect of the agreement or contract is to increase the remuneration and employee benefits of the officers and employees.

Until the transition committee is formed, an application must be made to the Minister for every authorization required under this section.

The transition committee may, at any time, approve a decision, collective agreement or contract of employment in respect of which an authorization is required under the first, second or third paragraph. The approval of the transition committee is deemed to be such an authorization.

2000, c. 56, Sch. V, s. 128; 2001, c. 25, s. 470.

129. The transition committee shall hire and remunerate the election officers prescribed by the Act respecting elections and referendums in municipalities (chapter E‐2.2) for the purposes of the city’s first general election. The committee shall designate the person who is to act as the returning officer for the purposes of the election.

Subject to any other provision of this Act or of any order of the Government made under section 9, the transition committee shall in respect of the election exercise the powers and assume the responsibilities assigned to the council of a municipality by the Act respecting elections and referendums in municipalities.

2000, c. 56, Sch. V, s. 129.

130. The transition committee shall, for the purposes of the city’s first general election and of any by-election held before the second general election, prepare a division of a borough into districts.

The transition committee shall, with the assistance of the chief electoral officer and using the information on the permanent list of electors, prepare a division of the territory of each borough into districts. The division of a borough into districts must result in there being only one councillor per district, and the determination must, as far as possible, respect the criteria set out in sections 11 and 12 of the Act respecting elections and referendums in municipalities (chapter E-2.2).

The division prepared by the transition committee in collaboration with the chief electoral officer must be submitted to the Minister by the transition committee, and has effect only if adopted, with or without amendments, by an order of the Government made under section 9.

2000, c. 56, Sch. V, s. 130; 2001, c. 25, s. 471.

131. The transition committee may examine the circumstances of the hiring of officers and employees referred to in section 7 after 15 November 2000 and the situation relating to the employees of any intermunicipal management board in respect of whom the intermunicipal agreement does not provide for the maintenance of employment in any of the municipalities party to the agreement at the expiry of the agreement.

The transition committee may make any recommendation in respect of those officers and employees to the Minister.

2000, c. 56, Sch. V, s. 131; 2001, c. 25, s. 472.

132. The transition committee shall, within the time prescribed by the Minister of Municipal Affairs and Greater Montréal, agree with all the certified associations within the meaning of the Labour Code (chapter C‐27) representing the employees in the employment of the municipalities referred to in section 5 on the procedure for the reassignment of those employees as members of the personnel of the city and on the rights of and remedies available to an employee who believes he or she has been wronged as a consequence of the application of that procedure.

The parties may in addition agree on conditions of employment incidental to the reassignment of employees.

An agreement entered into under this section may not provide conditions of employment that entail higher costs than those entailed by the application of the conditions of employment applicable on 20 December 2000, or increase the staff.

The Minister may grant additional time at the request of the committee or of a certified association.

The provisions concerning the application of the reassignment process provided for in the applicable conditions of employment, or, where there is no such process, the provisions that allow employees to be assigned a position or a place of employment, constitute the employee reassignment procedure.

2000, c. 56, Sch. V, s. 132.

133. If an agreement has not been reached on all the matters referred to in the first and second paragraphs of section 132 within the time prescribed by the Minister, the Minister of Municipal Affairs and Greater Montréal shall so inform the Minister of Labour, and sections 125.16 to 125.23 of the Act respecting municipal territorial organization (chapter O‐9) apply, with the necessary modifications.

However, the Minister of Labour may, where applicable and if the Minister of Labour considers it appropriate, designate a mediator-arbitrator for each disagreement or group of disagreements relating to the determination of the reassignment procedure concerning a class of employment or a group of employees.

2000, c. 56, Sch. V, s. 133; 2001, c. 25, s. 473.

134. Subject to section 103, the transition committee shall, for the purposes of sections 176.2 to 176.9 of the Act respecting municipal territorial organization (chapter O‐9), negotiate any agreement on the determination of the future bargaining units with any association referred to in section 176.2 of that Act.

Any such agreement or any decision of the Commission des relations du travail under sections 176.5 and 176.9 of that Act also binds the city.

2000, c. 56, Sch. V, s. 134; 2001, c. 26, s. 194.

135. The transition committee shall also prepare any plan for the reassignment of the officers and employees of the municipalities referred to in section 5 who are not represented by a certified association, as well as the procedure relating to the rights of and remedies available to an employee who believes he or she has been wronged as a consequence of the application of the reassignment plan.

A plan prepared under the first paragraph applies to the city as of 31 December 2001.

2000, c. 56, Sch. V, s. 135.

136. The transition committee shall appoint the director general, the clerk and the treasurer of the city for a term not to exceed five years.

The transition committee may create the various departments within the city, and determine the scope of their activities. It may appoint the department heads and assistant heads as well as the other officers and employees not represented by a certified association, and define their functions.

2000, c. 56, Sch. V, s. 136; 2001, c. 25, s. 474.

136.1. The transition committee may, within the framework of any departure incentive program established in respect of the officers and employees of the municipalities referred to in section 5, make with any such officer or employee any agreement necessary to the implementation of the program.

2001, c. 68, s. 205.

137. (Repealed).

2000, c. 56, Sch. V, s. 137; 2001, c. 25, s. 475.

138. The transition committee shall prepare the city’s budget for the first fiscal year and determine a formula enabling it to fix the allotments of each of the borough councils, by establishing, among other things, elements of equalization among the boroughs and taking into account the services provided in 2001 by each of the local municipalities referred to in section 5.

It must propose a draft of any resolution from among the resolutions that may be adopted under Division II of Chapter IV on which the draft budget is based.

2000, c. 56, Sch. V, s. 138; 2001, c. 25, s. 476.

139. The transition committee shall, within the scope of its mandate, make an inventory of the economic development bodies that have their head office or a business establishment in the territory referred to in section 3. The committee’s study shall concern in particular the mission or mandate of every such body. The committee may make any recommendation in that respect to the Minister.

2000, c. 56, Sch. V, s. 139.

140. The transition committee shall examine any other matter or carry out any other mandate the Government may entrust to the committee in the pursuit of its mission.

2000, c. 56, Sch. V, s. 140.

141. The transition committee shall report to the Minister on its activities at the end of its mandate or at any time at the request of the Minister.

In addition to the recommendations made pursuant to this chapter, the committee’s report may include any additional recommendation the committee considers necessary to bring to the attention of the Government and pertaining in particular to

(1)  the boundaries of the city boroughs;

(2)  the difficulties encountered in applying this Act and any proposed amendments; and

(3)  any special provisions the committee considers expedient to incorporate into the legal framework applicable to the municipality or to the boroughs.

2000, c. 56, Sch. V, s. 141.

142. The transition committee shall also furnish to the Minister any information the Minister may require on its activities.

2000, c. 56, Sch. V, s. 142.

CHAPTER VII TRANSITIONAL AND FINAL PROVISIONS

143. The polling for the first general election in Ville de Lévis shall take place on 4 November 2001 in accordance with the Act respecting elections and referendums in municipalities (chapter E‐2.2).

2000, c. 56, Sch. V, s. 143.

144. For the purpose of determining whether a person is qualified as an elector, a candidate or a person qualified to vote at an election or in a referendum poll in the territory of the city, any period, prior to 1 January 2002, during which the person was resident, continuously or not, in the territory of a municipality referred to in section 5 or was the owner of an immovable or the occupant of a business establishment situated in that territory shall be counted as if the person had been a resident, owner or occupant from the beginning of that period in the territory in which he or she must qualify.

2000, c. 56, Sch. V, s. 144.

145. At the first general election, a member of the council of a municipality referred to in section 5 may be nominated and be elected or appointed as a member of the council of Ville de Lévis, and hold both offices simultaneously.

2000, c. 56, Sch. V, s. 145; 2001, c. 25, s. 477.

146. The Minister of Municipal Affairs and Greater Montréal shall determine the place, date and time of the first meeting of the council. If that meeting is not held, the Minister shall fix another meeting.

The mayor determines the place, date and time of the first meeting of any borough council. If the meeting is not held, the mayor fixes another meeting.

2000, c. 56, Sch. V, s. 146; 2001, c. 25, s. 478; O.C. 1311-2001, s. 13.

146.1. Any person, appointed by the transition committee or integrated as an employee of the city in a position comprising the exercise of duties necessary to the holding of a meeting of the municipal council or of a borough council, to the decision making by such a council or the carrying out of an act such a council may perform before the date of constitution of the city, is deemed, relatively to the necessary duties exercised before the constitution of the city, to act in the performance of his duties.

O.C. 1311-2001, s. 14.

147. The council adopts, with or without amendment, the budget of the city for the fiscal year 2002 prepared by the transition committee.

The budget of the city shall be transmitted to the Minister of Municipal Affairs and Greater Montréal within 30 days of its adoption by the council.

If, on 1 January 2002, the budget is not adopted, one-quarter of each appropriation provided for in the budget prepared by the transition committee is deemed to be adopted. The same rule applies on 1 April, 1 July and 1 October if, on each of those dates, the budget has not yet been adopted.

The treasurer or secretary-treasurer of a municipality referred to in section 5 who is not already bound to apply section 105.4 of the Cities and Towns Act (chapter C-19), section 176.4 of the Municipal Code of Québec (chapter C-27.1) or a similar provision in the charter of the municipality is bound to produce, before the budget of the city is adopted for the 2002 fiscal year, at least the comparative statement on revenues provided for in that section 105.4.

2000, c. 56, Sch. V, s. 147; 2001, c. 25, s. 479; O.C. 1311-2001, s. 15.

147.1. The city council may, by the first by-law respecting remuneration adopted under the Act respecting the remuneration of elected municipal officers (chapter T-11.001), fix any remuneration to be paid by the city to the mayor, the borough chairs, the other members of the city council and the borough councillors for the functions they exercised between the first day of their terms and 31 December 2001. The method for fixing the remuneration may differ, in relation to that period, from the method applicable from the date of the constitution of the city.

The remuneration paid under the first paragraph to an elected officer must be reduced by an amount equal to the amount of any remuneration received from another local municipality during the same period.

2001, c. 25, s. 480; 2001, c. 68, s. 206.

148. Sections 100 to 102.7 have effect until 31 December 2011.

2000, c. 56, Sch. V, s. 148; 2001, c. 25, s. 481.

149. Subject to any provision of an order of the Government made under section 9, all special provisions governing a municipality referred to in section 5, except any provision having as its object, in respect of such a municipality, to validate or ratify a document or an act performed or intended to clarify a title of ownership or to confirm or grant the power to acquire or alienate a particular immovable, are repealed from 1 January 2002.

2000, c. 56, Sch. V, s. 149; 2001, c. 25, s. 482.

SCHEDULE A

(section 3)

DESCRIPTION OF THE TERRITORIAL LIMITS OF VILLE DE LÉVIS

The territory of the former Municipalité de Pintendre, the former Paroisse de Saint-Joseph-de-la-Pointe-de-Lévy and the former Ville de Lévis and an unorganized territory, the former Municipalité de Saint-Étienne-de-Lauzon, the former Paroisse de Sainte-Hélène-de-Breakeyville and the former cities or towns of Charny, Saint-Jean-Chrysostome, Saint-Nicolas, Saint-Rédempteur and Saint-Romuald and an unorganized territory comprising part of the bed of the St. Lawrence River and, with reference to the cadastres of the parishes of Notre-Dame-de-la-Victoire, Saint-David-de-L’Auberivière, Saint-Étienne-de-Lauzon, Saint-Henri-de-Lauzon, Saint-Jean-Chrysostome, Saint-Joseph, Saint-Nicolas, Saint-Romuald-d’Etchemin and Saint-Télesphore, the villages of Bienville, Lauzon and Lauzon (eastern part) and Ville de Lévis (Lauzon, Notre-Dame and Saint-Laurent wards), the lots or parts of lots, the blocks or parts of blocks and their present and future subdivisions and the roads, highways, streets, railway rights of way, islands, lakes, watercourses or parts thereof, the whole within the limits hereinafter described, to wit : starting from the meeting point of the line running midway between the right shore of the St. Lawrence River and the southwest shore of L’Île d’Orléans (Grands Voiliers channel) with the extension to the northwest of the northeast line of lot 1-5 of the cadastre of the parish of Saint-Joseph ; thence, successively, the following lines and demarcations : southeasterly, successively, the said extension and the northeast line of lots 1-5, 1-4, 1-1, 203, 448 and 447 of the cadastre of the parish of Saint-Joseph, that line crossing highway 132, the Jean-Lesage autoroute and Saint-Roch and Ville-Marie roads which it meets ; with reference to that cadastre, southwesterly, the southeast line of lots 447, 446, 445, 495, 444 retrograding to 437 and 430 retrograding to 402 ; northwesterly, part of the southwest line of lot 402 to the apex of the east angle of lot 401 ; southwesterly, the southeast line of lots 401 retrograding to 377, 341 and part of the southeast line of lot 342 to the line separating the cadastres of the parishes of Saint-Henri-de-Lauzon and Saint-Charles ; southeasterly, the line separating the said cadastres to the apex of the east angle of lot 291 of the cadastre of the parish of Saint-Henri-de-Lauzon ; with reference to that cadastre, generally towards the west, a broken line delimiting to the southeast, south and southwest the said lot 291, that line being extended across the railway right of way (lot 818) which it meets ; southwesterly, part of the southeast line of lot 293 to the apex of the south angle of the said lot, that line being extended across the railway right of way (lot 818) which it meets ; generally towards the northwest, an irregular line delimiting to the southwest lots 293, 294, 296 to 306, 308 to 314 and 316 to 322, that line being extended across the railway right of way (lot 818) which it meets ; generally towards the west, part of the line separating the cadastres of the parishes of Saint-Joseph and Saint-Henri-de-Lauzon to the apex of the north angle of lot 218 of that last cadastre ; successively southwesterly and northwesterly, the broken line separating the cadastres of the parishes of Notre-Dame-de-la-Victoire and Saint-Henri-de-Lauzon to the line separating lots 32 and 33 of that last cadastre, the line crossing in its first section the railway right of way (lot 817 of the cadastre of the parish of Saint-Henri-de-Lauzon) and highway 173 which it meets ; with reference to that cadastre, southwesterly, the line separating the said lots and its extension to the centre line of the Etchemin river ; northwesterly, the centre line of the said river downstream to the extension towards the northeast of the southeast line of lot 801 ; southwesterly, the said extension and the southeast line of the said lot, that line being extended across the Terrebonne road and the railway right of way (lot 819) which it meets ; generally towards the south, a broken line delimiting to the east lots 80, 81, 83 and 84 of the cadastre of the parish of Saint-Jean-Chrysostome ; northeasterly, successively, the northwest line of lots 84 and 90 of the said cadastre then the northwest line of lot 792 of the cadastre of the parish of Saint-Henri-de-Lauzon, that line being extended across the railway right of way (lot 819 of the cadastre of the parish of Saint-Henri-de-Lauzon) which it meets ; successively southerly and westerly, the east and south lines of the said lot 792, that last line being extended across the railway right of way (lot 819 of the cadastre of the parish of Saint-Henri-de-Lauzon) which it meets ; westerly, part of the south line of lot 90 of the cadastre of the parish of Saint-Jean-Chrysostome to the apex of the northeast angle of lot 91 of the said cadastre ; generally towards the south, part of the line separating the cadastres of the parishes of Saint-Jean-Chrysostome and Saint-Henri-de-Lauzon to the apex of the southwest angle of lot 730 of the cadastre of the parish of Saint-Henri-de-Lauzon situated on the north side of the right of way of highway 275 ; easterly, the north side of the right of way of the said highway delimiting to the south lot 730 to the extension to the north of the east line of lot 467 of the cadastre of the parish of Saint-Jean-Chrysostome ; southerly, the said extension and east line of the said lot ; southwesterly, part of the line separating the cadastre of the parish of Saint-Jean-Chrysostome from the cadastres of the parishes of Saint-Henri-de-Lauzon and Saint-Lambert to the apex of the south angle of lot 417 of the cadastre of the parish of Saint-Jean-Chrysostome, that line crossing the Saint-Jean highway and the railway right of way (lot 556 of the cadastre of the parish of Saint-Jean-Chrysostome) which it meets ; generally towards the north, part of the line separating the cadastres of the parishes of Saint-Jean-Chrysostome and Saint-Lambert to the apex of the east angle of lot 416 of the cadastre of the parish of Saint-Jean-Chrysostome, that line crossing Beauséjour road and the Robert-Cliche autoroute which it meets ; southwesterly, the southeast line of the said lot and its extension to the centre line of the Chaudière river ; generally towards the south, the centre line of the said river upstream to the line separating the cadastres of the parishes of Saint-Étienne-de-Lauzon and Saint-Lambert ; successively northwesterly and southwesterly, the broken line separating the said cadastres to the southwest line of the cadastre of the parish of Saint-Étienne-de-Lauzon ; northwesterly, part of the southwest line of the said cadastre to the apex of the south angle of lot 106 of the said cadastre, that line crossing the Beaurivage river, highway 116 and the railway right of way (lot 392) which it meets ; with reference to that cadastre, northeasterly, the line separating lots 106 and 105 from lots 107, 108 and 109 ; northwesterly, the northeast line of lot 105 ; southwesterly, the line separating lots 105 and 106 from lots 593 retrograding to 585 of the cadastre of the parish of Saint-Nicolas ; successively southeasterly and southwesterly, the northeast and southeast lines of lot 584 of the said cadastre ; northwesterly, the line separating the cadastre of the parish of Saint-Nicolas from the cadastres of the parishes of Saint-Apollinaire and Saint-Antoine and its extension to the centre line of the St. Lawrence River, that line crossing the Jean-Lesage autoroute, Demers and Aubin roads and highway 132 which it meets ; successively easterly and northeasterly, the centre line of the said river downstream then the line running midway between the outer facing of the Louise basin wharves and the southeast shore of the said river to its meeting point with the southeasterly extension of the southwest line of lot 1 501 713 of the cadastre of Québec ; northwesterly, the said extension to a point situated 1,859.28 metres from the Legrade geodetic point (No. 67K1111) ; a straight line running astronomically N 58° 00’ E to a line parallel to the southwest line of lot 1 501 713 of the cadastre of Québec and whose point of origin is the intersection between the low-water mark of the said river and the left shore of the Beauport river ; lastly, northeasterly, a straight line to the meeting point of the extension of the line running midway between the left shore of the said river and the northwest shore of L’Île d’Orléans (L’Île d’Orléans channel) with the extension of the line running midway between the right shore of the said river and the southwest shore of L’Île d’Orléans (Grands Voiliers channel) then the extension and the centre line of the Grands Voiliers channel to the starting point.

2000, c. 56, Sch. V-A.

SCHEDULE  B

(section 10)

I – BOUNDARIES OF THE BOROUGHS OF VILLE DE LÉVIS

Desjardins Borough

To the south, the south boundary of the former Paroisse de Saint-Joseph-de-la-Pointe-de-Lévy and the former Municipalité de Pintendre.

To the west, the west boundary of the former Municipalité de Pintendre and the former Ville de Lévis.

To the north, the north boundary of the former Ville de Lévis.

To the east, the east boundary of Ville de Lévis and the former Paroisse de Saint-Joseph-de-la-Pointe-de-Lévy.

Chutes-de-la-Chaudière-Est Borough

To the south, the south boundary of the former Ville de Saint-Jean-Chrysostome.

To the west, the west boundary of the former Ville de Saint-Jean-Chrysostome, the former Paroisse de Sainte-Hélène-de-Breakeyville, the former Ville de Charny and the former Ville de Saint-Romuald.

To the north, the north boundary of the former Ville de Saint-Romuald.

To the east, the east boundary of the former Ville de Saint-Romuald and the former Ville de Saint-Jean-Chrysostome.

Chutes-de-la-Chaudière-Ouest Borough

To the south, the south boundary of the former Municipalité de Saint-Étienne-de-Lauzon.

To the west, the west boundary of the former Municipalité de Saint-Étienne-de-Lauzon and the former Ville de Saint-Nicolas.

To the north, the north boundary of the former Ville de Saint-Nicolas.

To the east, the east boundary of the former Ville de Saint-Nicolas, the former Ville de Saint-Rédempteur and the former Municipalité de Saint-Étienne-de-Lauzon

II – NUMBER OF COUNCILLORS FOR EACH BOROUGH

Desjardins: 6

Chutes-de-la-Chaudière-Est: 5

Chutes-de-la-Chaudière-Ouest: 4

2000, c. 56, Sch. V-B.

SCHEDULE C

(Provisions made under section 9)

1. The Act respecting Ville de Lévis (1994, c. 59) and the Act respecting Ville de Saint-Romuald (1994, c. 61) remain into force and apply to the entire territory of the city.

2. In case of a conflict between a provision of this Schedule and a provision of the Charter, the first one prevails.

3. No provision in this Schedule or no provision kept into force by this Schedule has the effect of restricting the scope of a provision, included in any Act applicable to the city or any municipality in general or to one of their bodies, for the only reason that it is similar to such a provision but written in more specific terms.

O.C. 1311-2001, s. 16.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R‐3), Schedule V to chapter 56 of the statutes of 2000, in force on 1 April 2001, is repealed effective from the coming into force of chapter C-11.2 of the Revised Statutes.