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Décisions des tribunaux
C-11.3
- Charter of Ville de Longueuil
Table des matières
Occurrences
0
Version courante
Texte complet
À jour au 21 juin 2001
Ce document a valeur officielle.
chapter
C-11.3
Charter of Ville de Longueuil
CHARTER OF VILLE DE LONGUEUIL
12
December
20
2000
12
December
20
2000
CHAPTER
I
CONSTITUTION OF THE MUNICIPALITY
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 Champlain 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 Montréal 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. III, s. 7
.
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 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.
An order under the first paragraph may, however, derogate from section 8 only to allow for the sharing, to the extent fixed in the order, of the debts incurred by a municipality after 20 December 2000 in connection with the carrying out of an economic development project.
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. III, s. 9
.
CHAPTER
II
ORGANIZATION OF THE MUNICIPALITY
DIVISION
I
DIVISION OF TERRITORY
11
.
The territory of the city is, for the exercise of certain of its fields of jurisdiction, divided into seven boroughs described in Schedule B.
The city council may, by by-law, number the boroughs.
2000, c. 56, Sch. III, s. 11
.
DIVISION
II
CITY COUNCIL AND BOROUGH COUNCILS
§
1
. —
City council
15
.
The city council is composed of the mayor and 42 councillors.
2000, c. 56, Sch. III, s. 15
.
16
.
The mayor is elected by the electors of all the boroughs.
2000, c. 56, Sch. III, s. 16
.
17
.
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. III, s. 17
;
2001, c. 25, s. 363
.
§
2
. —
Borough council
18
.
A borough council is made up of the councillors who represent the borough on the city council.
2000, c. 56, Sch. III, s. 18
.
For the purposes of the 2013 general election, section 18 is to be read as follows:
“
18.
Subject to section 18.1, a borough council is made up of the councillors who represent the borough on the city council.”.
See 2011, c. 33, s. 3 and s. 35, 2nd par.
19
.
The borough council shall designate a chair of the borough from among its members.
2000, c. 56, Sch. III, s. 19
.
20
.
If the members of the 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 of the borough, the members of the borough council may do so.
The person designated to act as the chair of the borough 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. III, s. 20
.
DIVISION
IV
PROVISIONS CONCERNING ELECTIONS
37
.
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. III, s. 37
;
2001, c. 25, s. 368
.
38
.
Every borough shall be divided into districts. There must be one district for each councillor.
2000, c. 56, Sch. III, s. 38
.
39
.
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. III, s. 39
.
40
.
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. III, s. 40
.
41
.
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 the 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. III, s. 41
.
CHAPTER
V
EFFECTS OF AN AMALGAMATION ON LABOUR RELATIONS
89
.
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 or to a metropolitan community;
(
2
)
for the purposes of sections 176.1, 176.2, 176.10, 176.25 and 176.26, the expression “a municipality that ceased to exist on amalgamation” means “a municipality that will cease to exist on the constitution of the city”;
(
3
)
the agreement provided for in section 176.2 and the decision rendered by a labour commissioner under sections 176.5 and 176.9 shall not operate to define the bargaining units with reference to one or more boroughs;
(
4
)
the labour commissioner’s decision must, in the cases provided for in sections 176.5 and 176.9, be rendered no later than 27 October 2001;
(
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. III, s. 89
.
CHAPTER
VI
TRANSITION COMMITTEE
DIVISION
I
COMPOSITION AND ORGANIZATION OF THE TRANSITION COMMITTEE
90
.
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. III, s. 90
.
91
.
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. III, s. 91
.
92
.
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. III, s. 92
;
2001, c. 25, s. 387
.
93
.
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. III, s. 93
;
2001, c. 25, s. 388
.
94
.
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. III, s. 94
.
95
.
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. III, s. 95
.
96
.
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. III, s. 96
.
97
.
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. III, s. 97
.
98
.
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. III, s. 98
.
99
.
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. III, s. 99
;
2001, c. 25, s. 389
.
100
.
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. III, s. 100
.
101
.
Unless otherwise provided in an order of the Government made under section 9, the mandate of the transition committee ends on the date of constitution of the city. The committee shall then be dissolved and its assets and liabilities transferred to the city.
2000, c. 56, Sch. III, s. 101
.
DIVISION
II
MISSION OF THE TRANSITION COMMITTEE
102
.
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. III, s. 102
.
DIVISION
III
OPERATION, POWERS AND RESPONSIBILITIES OF THE TRANSITION COMMITTEE
§
1
. —
Operation and powers of the committee
103
.
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. III, s. 103
.
104
.
Subject to the second paragraph of section 110, the transition committee shall, during its term, provide the citizens of municipalities referred to in section 5 with any information it considers pertinent to keep them informed about the carrying out of its mission.
The Minister may issue directives to the committee in that respect.
2000, c. 56, Sch. III, s. 104
.
105
.
The transition committee may adopt internal management by-laws establishing its rules of operation.
2000, c. 56, Sch. III, s. 105
.
106
.
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. III, s. 106
.
107
.
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. III, s. 107
.
108
.
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.
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. III, s. 108
;
2001, c. 25, s. 390
.
109
.
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. III, s. 109
.
110
.
Sections 108 and 109 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 108 and 109.
2000, c. 56, Sch. III, s. 110
.
111
.
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. III, s. 111
;
2001, c. 25, s. 391
.
112
.
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. III, s. 112
;
2001, c. 25, s. 392
.
§
2
. —
Responsibilities of the committee
113
.
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 give the transition committee its opinion regarding any matter related 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. III, s. 113
.
114
.
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. III, s. 114
;
2001, c. 25, s. 393
.
115
.
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. III, s. 115
.
116
.
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 the division of the 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
). However, the territory of the former Ville de LeMoyne must be situated entirely within the same electoral district.
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. III, s. 116
;
2001, c. 25, s. 394
.
117
.
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. III, s. 117
;
2001, c. 25, s. 395
.
118
.
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. III, s. 118
.
119
.
If an agreement has not been reached on all the matters referred to in the first and second paragraphs of section 118 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. III, s. 119
;
2001, c. 25, s. 396
.
120
.
Subject to section 89, 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 labour commissioner under sections 176.5 and 176.9 of that Act also binds the city.
2000, c. 56, Sch. III, s. 120
.
121
.
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. III, s. 121
.
122
.
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. III, s. 122
;
2001, c. 25, s. 397
.
123
.
(Repealed).
2000, c. 56, Sch. III, s. 123
;
2001, c. 25, s. 398
.
124
.
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. III, s. 124
;
2001, c. 25, s. 399
.
125
.
The committee may, of its own initiative or upon the request of the Minister, examine the advisability of changing the name of the city. It may make any recommendation in this respect to the Minister.
The committee may, among other things, propose to the Minister one or more new names and any consultation mechanism, in particular upon the election referred to in section 130.
2000, c. 56, Sch. III, s. 125
.
126
.
The transition committee shall, within the scope of its mandate, identify the bodies engaged in economic development that have their head office or a business establishment in the territory referred to in section 3. The study of the committee shall, in particular, concern the mission or mandate of any such body. It may make any recommendation to the Minister in that regard.
2000, c. 56, Sch. III, s. 126
.
127
.
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. III, s. 127
.
128
.
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;
(
3
)
any special provisions the committee considers expedient to incorporate into the legal framework applicable to the municipality or to the boroughs; and
(
4
)
the name of the municipality.
2000, c. 56, Sch. III, s. 128
.
129
.
The transition committee shall also furnish to the Minister any information the Minister may require on its activities.
2000, c. 56, Sch. III, s. 129
.
CHAPTER
VII
TRANSITIONAL AND FINAL PROVISIONS
130
.
The polling for the first general election in Ville de Longueuil 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. III, s. 130
.
131
.
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. III, s. 131
.
132
.
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 Longueuil, and hold both offices simultaneously.
2000, c. 56, Sch. III, s. 132
;
2001, c. 25, s. 400
.
133
.
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.
2000, c. 56, Sch. III, s. 133
;
2001, c. 25, s. 401
.
134
.
At the first meeting, the council shall adopt, 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.
2000, c. 56, Sch. III, s. 134
;
2001, c. 25, s. 402
.
134.1
.
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. However, for the purposes of the pension plan established under the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3), only the part of the remuneration received from the municipality that has adhered to that pension plan in respect of the elected officer may be considered as pensionable salary.
2001, c. 25, s. 403
.
136
.
Subject to any provision of an order of the Government made under section 9, 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. III, s. 136
;
2001, c. 25, s. 405
.
SCHEDULE A
(
section 3
)
DESCRIPTION OF THE TERRITORIAL LIMITS OF VILLE DE LONGUEUIL
The territory of the former cities of Boucherville, Saint-Bruno-de-Montarville, Brossard, Greenfield Park, LeMoyne, Longueuil, Saint-Lambert and Saint-Hubert comprising, with reference to the cadastres of the parishes of Laprairie de La Madeleine, Saint-Antoine-de-Longueuil, Saint-Bruno, Sainte-Famille-de-Boucherville and Saint-Hubert and the villages of Boucherville and Longueuil, the lots or parts of lots, the blocks and 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: from the apex of the north angle of lot 1 of the cadastre of the parish of Sainte-Famille-de-Boucherville; thence, successively, the following lines and demarcations: southeasterly, part of the line separating the cadastre of the parish of Sainte-Famille-de-Boucherville from the cadastres of the parishes of Varennes and Sainte-Julie to the southeast line of lot 282 of that first cadastre, that line crossing Côte-d’en-Haut road, Marie-Victorin boulevard, Jean-Lesage autoroute, Touraine road and de l’Acier autoroute which it meets; southwesterly, part of the line separating the cadastres of the parishes of Sainte-Famille-de-Boucherville and Sainte-Julie to the apex of the north angle of lot 2 of the cadastre of the parish of Saint-Bruno; generally towards the southeast, the broken line delimiting to the northeast and northwest the lots 2 and 1 of the said cadastre then the extension of the last section of that line to the southeast limit of the right of way of Fer-à-Cheval road (shown on the original); northeasterly, the southeast limit of the right of way of the said road to the northeast line of lot 11 of the cadastre of the parish of Saint-Bruno; with reference to that cadastre, southeasterly, part of the northeast line of the said lot to its meeting point with a perpendicular line above the northeast line of lot 12 and whose point of origin is situated at a distance of 517.15 metres (1,696.7 feet) to the northwest of the apex of the east angle of the said lot, that distance measured along the northeast line of the said lot 12; in lot 11, southwesterly, the said perpendicular line; southeasterly, part of the northeast line of lot 12 to the apex of its east angle; northeasterly, part of the northwest line of lot 18 to the apex of its north angle; southeasterly, the northeast line of the said lot then part of the northeast line of lot 171 to the north line of lot 606 of the cadastre of the parish of Sainte-Julie; easterly, the north line of the said lot; successively, northerly then southeasterly, part of the line separating the cadastres of the parishes of Saint-Bruno and Sainte-Julie to the apex of the northeast angle of lot 268 of the cadastre of the parish of Saint-Bruno; with reference to that cadastre, southerly, the east line of lots 268, 267, 264, 263, 262, 261, 260, 259, 258, 257, 256 then part of the east line of lot 243 to the northwest limit of the right of way of Rang des Vingt road (shown on the original); southwesterly, the northwest limit of the said right of way to its meeting point with the extension to the northwest of the southwest line of lot 397-221 of the cadastre of the parish of Saint-Bruno; southeasterly, the said extension to the southeast limit of the right of way of Rang des Vingt road; southwesterly, the southeast limit of the said right of way to the north limit of the right of way of Sir-Wilfrid-Laurier boulevard; westerly, the north limit of the right of way of the said boulevard to the centre line of the right of way of Rang des Vingt road; in the right of way of the said boulevard, southwesterly, the centre line of the former right of way of the said road to the south limit of the right of way of the said boulevard; easterly, the south limit of the right of way of the said boulevard to the southeast limit of the right of way of Rang des Vingt road; southwesterly, the southeast limit of the right of way of the said road to the north line of lot 387 of the cadastre of the parish of Saint-Bruno; with reference to that cadastre, easterly, part of the north line of the said lot to the west line of lot 387-178; southerly, successively, the west line of the said lot, a curved line in lot 386-1 along the extension of the west line of lot 386-153, that is an arc of a circle with 446.65 metres (1,465.4 feet) radius, then the west line of lots 386-153, 386-154, 385-2 and 385-3; southwesterly, the southeast limit of the right of way of Rang des Vingt road to the apex of the north angle of lot 69A of the cadastre of the parish of Saint-Joseph-de-Chambly; with reference to that cadastre, southwesterly, part of the northwest line of the said lot to the east line of lot 69A-3; southerly, the east line of the said lot; westerly, the south line of lots 69A-3 and 69A-4; northwesterly, the southwest line of lot 69A-4; generally towards the southwest, part of the broken line separating the cadastres of the parishes of Saint-Bruno and Saint-Joseph-de-Chambly to the apex of the south angle of lot 381 of that first cadastre; northwesterly, part of the southwest line of the said lot to the southeast line of lot 81 of the cadastre of the parish of Saint-Hubert; with reference to that cadastre, southwesterly, the southeast line of the said lot then its extension to the southwest limit of the right of way of Chambly road; northwesterly, the southwest limit of the right of way of the said road to the apex of the east angle of lot 89; southwesterly, the southeast line of the said lot, crossing Cousineau boulevard and the right of way of a railway which it meets; generally towards the southwest, part of the broken line separating the cadastres of the parishes of Saint-Hubert and Laprairie de La Madeleine from the cadastre of the parish of Saint-Joseph-de-Chambly then the extension of the southeast line of lot 184 of the cadastre of the parish of Laprairie de La Madeleine to the southwest limit of the right of way of the public road delimiting the said lot to the southwest; with reference to that cadastre, northwesterly, the southwest limit of the right of way of the said road to the south line of lot 185 ; westerly, the south line of lots 185 to 201, 203 to 205 and 207 to 214; northerly, part of the west line of lot 214 to the south line of lot 295; westerly, successively, part of the south line of the said lot, the south line of lots 294 retrograding to 286 crossing the right of way of a railway (lot 670) then part of the south line of lot 285 to the apex of the southeast angle of lot 1139; generally to the southwest, part of the broken line delimiting the said lot to the south and southeast to the centre line of Saint-Jacques river; northwesterly, successively, the centre line of the said river downstream to its mouth then a straight line northwesterly to the centre line of the St. Lawrence River; northerly, the centre line of the said river downstream to its meeting point with a line parallel to the northwest of lot 312 of the cadastre of the parish of Saint-Antoine-de-Longueuil and situated at a distance of 9.144 metres (30 feet) to the northwest of that line; northeasterly, the said parallel line to the southwest limit of the land owned by the St. Lawrence Seaway Authority; northwesterly, the southwest limit of the said land to a point situated at a distance of 457.20 metres (1,500 feet) to the northwest of the northwest line of the said lot 312, that distance measured along the southwest limit of the said land; northeasterly, a line perpendicular to the southwest limit of the land owned by the St. Lawrence Seaway Authority to its meeting point with a line parallel to the said limit and situated at a distance of 45.72 metres (150 feet) to the northeast of that line; northwesterly, the said parallel line to the centre line of the St. Lawrence River; generally to the northeast, successively, the centre line of the said river downstream to its meeting point with an irregular line running midway between the island of Montréal on one side and Île Verte, Île Charron, Île Dufault and the Tailhandier flats on the other side, then the said irregular line to its meeting point with a line perpendicular to the northeast line of lot 1 of the cadastre of the parish of Sainte-Famille-de-Boucherville and whose point of origin is the apex of the north angle of the said lot; lastly, northeasterly, the said perpendicular line to the starting point.
2000, c. 56, Sch. III-A
.
SCHEDULE B
(
section 11
)
I – BOUNDARIES OF THE BOROUGHS OF VILLE DE LONGUEUIL
Boucherville Borough
Corresponds to the territory of the former Ville de Boucherville.
Brossard Borough
Corresponds to the territory of the former Ville de Brossard.
Greenfield Park Borough
Corresponds to the territory of the former Ville de Greenfield Park.
Longueuil Borough
Corresponds to the territory of the former Ville de Longueuil
Saint-Bruno-de-Montarville Borough
Corresponds to the territory of the former Ville de Saint-Bruno-de-Montarville less the two parts described below in subparagraphs 1 and 2 plus the two parts of the territory of the former Ville de Saint-Hubert described below in subparagraphs 3 and 4:
(
1
)
A part of the territory of the former Ville de Saint-Bruno-de-Montarville bounded to the east, southwest and west by the limit between the former towns of Saint-Hubert and Saint-Bruno-de-Montarville and to the northeast by the ditch called Décharge des Frênes, corresponding to a part of the current line that separates the cadastres of the parishes of Saint-Hubert and Saint-Bruno fronting on lots 103 to 111 of the cadastre of Paroisse de Saint-Bruno;
(
2
)
A part of the territory of the former Ville de Saint-Bruno-de-Montarville in a triangular shape bounded to the east and southwest by the limit between the former towns of Saint-Hubert and Saint-Bruno-de-Montarville and to the north by a ditch in lot 113-10 and an undivided part of lot 113 of the cadastre of Paroisse de Saint-Bruno, which ditch connects Décharge des Frênes to Ruisseau Massé;
(
3
)
A part of the territory of the former Ville de Saint-Hubert bounded to the west and northwest by the limit between the former towns of Saint-Hubert and Saint-Bruno-de-Montarville, to the southwest by the ditch called Décharge des Frênes in lots 54 and 57 of the cadastre of Paroisse de Saint-Hubert and to the south by another ditch in lot 57 of the said cadastre, which ditch connects Décharge des Frênes to Ruisseau Massé;
(
4
)
A part of the territory of the former Ville de Saint-Hubert bounded to the west and north by the limit between the former towns of Saint-Hubert and Saint-Bruno-de-Montarville, to the northeast and east by the centre line of Autoroute 30 and to the south by a ditch in lot 58 of the cadastre of Paroisse de Saint-Hubert, which ditch connects Décharge des Frênes to Ruisseau Massé, the alignment of the said ditch is extended westerly in the right-of-way of Montée des Promenades and easterly, in the right-of-way of Autoroute 30.
Saint-Hubert Borough
Corresponds to the territory of the former Ville de Saint-Hubert less the two parts described below in subparagraphs 1 and 2 plus the two parts of the territory of the former Ville de Saint-Bruno-de-Montarville described below in subparagraphs 3 and 4:
(
1
)
A part of the territory of the former Ville de Saint-Hubert bounded to the west and northeast by the limit between the former towns of Saint-Hubert and Saint-Bruno-de-Montarville, to the southwest by the ditch called Décharge des Frênes in lots 54 and 57 of the cadastre of Paroisse de Saint-Hubert and to the south by another ditch in lot 57 of the said cadastre, which ditch connects Décharge des Frênes to Ruisseau Massé;
(
2
)
A part of the territory of the former Ville de Saint-Hubert bounded to the west and north by the limit between the former towns of Saint-Hubert and Saint-Bruno-de-Montarville, to the northeast and east by the centre line of Autoroute 30 and to the south by a ditch in lot 58 of the cadastre of Paroisse de Saint-Hubert, which ditch connects Décharge des Frênes to Ruisseau Massé, the alignment of the said ditch is extended westerly in the right-of-way of Montée des Promenades and easterly, in the right-of-way of Autoroute 30;
(
3
)
A part of the territory of the former Ville de Saint-Bruno-de-Montarville bounded to the east, southwest and west by the limit between the former towns of Saint-Hubert and Saint-Bruno-de-Montarville and to the northeast by the ditch called Décharge des Frênes, corresponding to a part of the current line that separates the cadastres from the parishes of Saint-Hubert and Saint-Bruno, fronting on lots 44 to 53 of the cadastre of Paroisse de Saint-Hubert;
(
4
)
A part of the territory of the former Ville de Saint-Bruno-de-Montarville in a triangular shape bounded to the east and southwest by the limit between the former towns of Saint-Hubert and Saint-Bruno-de-Montarville and to the north by a ditch in lot 113-10 and an undivided part of lot 113 of the cadastre of Paroisse de Saint-Bruno, which ditch connects Décharge des Frênes to Ruisseau Massé.
Saint-Lambert/LeMoyne Borough
Corresponds to the territory of former Ville de Lemoyne and former Ville de Saint-Lambert.
II – NUMBER OF COUNCILLORS FOR EACH BOROUGH
Greenfield Park: 3
Saint-Bruno-de-Montarville: 3
Saint-Lambert/LeMoyne: 3
Boucherville: 4
Brossard: 7
Saint-Hubert: 8
Longueuil: 14
2000, c. 56, Sch. III-B
;
O.C. 481-2001, s. 1
.
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