C-11.3 - Charter of Ville de Longueuil

À jour au 14 novembre 2001

Ce document a valeur officielle.

chapter C-11.3

Charter of Ville de Longueuil

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.

56.2. 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 demand 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. 1310-2001, s. 7.

58.1. The planning program of the city shall include, in addition to the elements mentioned in section 83 of the Act respecting land use planning and development (chapter A-19.1), a supplemental document establishing rules and criteria to be taken into consideration, in any by-law made in accordance with the delegation, by borough councils and requiring that the latter include in such a by-law provisions that are at least as constraining as those established in the document.

It may contain, in addition to the prescriptions of the Act respecting land use planning and development, with respect to all or part of the territory of the city, rules intended to harmonize the by-laws that may be adopted by a borough council under section 72 or to ensure the consistent development of the city.

O.C. 1310-2001, s. 8.

58.2. Notwithstanding any by-law adopted by a borough council, the city council may, by by-law, authorize the carrying out of a project involving

(1)  collective or institutional equipment, such as cultural equipment, a hospital, a university, a college, a convention centre, a house of detention, a cemetery, a regional park or a botanical garden;

(2)  major infrastructures, such as an airport, a harbour, a train station, a marshalling yard or a water treatment, filtration or purification establishment;

(3)   a residential, commercial or industrial establishment whose floor area is greater than 25 000 m2;

(4)  housing intended for persons in need of help, protection, care or shelter;

(5)  cultural property or a historic district within the meaning of the Cultural Property Act (chapter B-4).

A by-law referred to in the first paragraph may contain the planning rules necessary for the carrying out of the project exclusively. Such a by-law amends any by-law in force adopted by the borough council, to the extent that is precisely and specifically provided for in the by-law.

O.C. 1310-2001, s. 8.

58.3. Notwithstanding the third paragraph of section 123 of the Act respecting land use planning and development (chapter A-19.1), a by-law adopted by the city council under section 58.2 is not subject to approval by way of referendum, except for a by-law authorizing the carrying out of a project referred to in subparagraph 5 of the first paragraph of section 58.

Sections 125 to 127 of the Act respecting land use planning and development do not apply to a by-law authorizing the carrying out a project referred to in subparagraph 4 of the first paragraph of section 58.2.

O.C. 1310-2001, s. 8.

58.4. The city council may, by by-law, determine the cases in which a by-law adopted by a borough council, excluding a concordance by-law within the meaning of section 59.5, 110.4 or 110.5 of the Act respecting land use planning and development (chapter A-19.1), does not have to be examined to see if it complies with the planning program of the city.

O.C. 1310-2001, s. 8.

86.2. Where, under any provision of this Division, revenues of the city or a municipality mentioned 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 shall be considered.

Notwithstanding the foregoing, 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.

O.C. 1310-2001, s. 12.

87. The city shall avail itself of

(1)  the power provided for in section 87.1 and, if it imposes the business tax, the power provided for in section 87.2; or

(2)  the power provided for in section 87.6.1 and, if it imposes the business tax, the power provided for in section 87.7.

2000, c. 56, Sch. III, s. 87; 2001, c. 25, s. 386; O.C. 1310-2001, s. 13.

87.6.1. Having determined that a rate should be fixed separately for a sector if the city availed itself of the power provided for in section 87.1, the city may, instead of fixing a separate rate, grant an abatement so as to obtain the same effect as a separate rate with respect to the tax burden borne by the aggregate of the units of assessment situated in the sector that would have been subject to all or part of the separate rate.

The amount of abatement shall be calculated by multiplying the taxable value of each unit of assessment referred to in the first paragraph by a coefficient fixed by the city. In the case of a unit of assessment in respect of which one of the amounts referred to in subparagraph 3 of the second paragraph of section 87.1 is paid, the amount of abatement shall be calculated by multiplying its non-taxable value.

Upon the adoption of the budget for a fiscal year, the city may, in addition to any coefficient fixed for that fiscal year, fix other coefficients in advance that could be applied in subsequent fiscal years. Notwithstanding the foregoing, any advance coefficient shall be replaced if, upon the adoption of the budget for the later fiscal year concerned, it becomes apparent that its application will not make it possible to achieve the result provided for in the first paragraph.

Even if they are linked to the exercise of the power to fix a separate rate, sections 87.1 to 87.6 apply to the city for the purposes of the power provided for in this section.

O.C. 1310-2001, s. 16.

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.

The mayor shall determine the place, date and time of the first meeting of any borough council. If the meeting is not held, the mayor shall fix another one.

2000, c. 56, Sch. III, s. 133; 2001, c. 25, s. 401; O.C. 1310-2001, s. 21.

133.1. Any person appointed by the transition committee or integrated as part of the personnel of the city to a position involving duties necessary for a meeting of the city council or a borough council, for the making of decisions by such council or for the performance of an act that such council may perform before the date of constitution of the city, is deemed to be acting in the performance of his duties, in respect of those necessary duties performed before the date of constitution of the city.

O.C. 1310-2001, s. 22.

134. 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.

The treasurer or secretary-treasurer of a municipality mentioned 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. III, s. 134; 2001, c. 25, s. 402; O.C. 1310-2001, s. 23.

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.

SCHEDULE C

(Provisions enacted under section 9)

CHAPTER I

THE CITY COUNCIL

1. At the first meeting following a general election, with the clerk presiding, the city council shall elect, from among its members, a chair that is not the mayor by a 2/3 vote.

2. The council may designate one of its members as vice-chair who will replace the chair when the latter is absent or wishes to take part in the debates. When acting as the chair, the vice-chair has the same privileges obligations as the chair, but is not entitled to the additional remuneration provided for in a by-law adopted under the Act respecting the remuneration of elected municipal officers (chapter T-11.001).

3. The council may, if the mayor so proposes, designate a member of the council who will preside over any committee of the council or executive committee. If the chair is absent or unable to act at a sitting, the members present shall designate one of them who will preside over that sitting.

4. Notwithstanding the Act respecting the remuneration of elected municipal officers (chapter T-11.001), the position of opposition leader is a special position giving rise to additional remuneration in a by-law adopted under section 2 of that Act. The additional remuneration of the opposition leader established in such by-law may not differ from that established for a member of the executive committee.

For the purposes of this section, the opposition leader is the councillor designated by the councillors in the political party with the greatest number of representatives, excluding the party of the mayor. If several parties, excluding that of the mayor, have an equal number of councillors, the opposition leader shall be the councillor designated by the councillors of the party that has received the greatest number of votes for the mayor and councillor positions.

The opposition leader shall be designated by a notice filed with the council by a council of the political party that has designated him and it may be amended at all times. The councillor designated as opposition leader shall quit that position when another councillor is designated for the position, when a notice of resignation is filed with the council or the clerk or when his term as member of the council ends.

5. The council may, at all times, on its own initiative or by request of the executive committee, appoint committees and entrust them with the examination or investigation of any facts, matters or issues that it deems expedient ; those committee shall carry out their work and give a report within the time allocated by the council.

CHAPTER II

EXECUTIVE COMMITTEE

6. If the chair and vice-chair of the executive committee are both absent or unable to act, the executive committee may designate one of its members who will exercise the duties and powers of the chair during that time.

7. The appropriations voted by the council, excluding those under the responsibility of a borough council, shall remain at the disposal of the executive committee which shall see that they are used for the purposes for which they were voted, without further approval of the council.

8. The executive committee may establish rules governing transfers of funds or credits already voted as part of an item of the budget where the transfer is equal to or greater than $100 000, excluding budgets administered by borough councils, as well as transfers from the contingency fund. Those rules may provide that the transfers may be authorized by the executive committee, the director general or the director of a service.

9. Communications between the council or a borough council and services shall pass trough the executive committee. In its relations with the executive committee, the council or borough council shall act by resolution.

10. The executive committee may, upon report by the director general establishing its value, donate, sell, alienate, transfer or assign, in the manner determined by it, any property whose value does not exceed $10 000. A report shall be submitted to the council within the 30 following days.

11. In the case of an act of God likely to endanger the life or health of the population, to seriously damage municipal property or to cause financial harm greater than the planned expenditure, the mayor may order any expenditure he considers necessary and grant any contract necessary to rectify the situation.

In such a case, the mayor shall give a substantiated report to the executive committee at the first meeting following his decision. The report shall be filed with the council at its next meeting.

12. The executive committee shall prepare the budget and the three-year capital program which must be submitted to the city council for approval not later than 10 December.

CHAPTER III

HUMAN RESOURCES

DIVISION I

PUBLIC SERVANTS AND EMPLOYEES

13. Upon recommendation by the executive committee, the council shall appoint the director general, the clerk, the treasurer, the assessor, the general auditor, the service directors and the borough directors, and their respecting assistants, where applicable.

14. The executive committee shall appoint the other permanent employees of the city. It may impose disciplinary measures on them, excluding those giving rise to the right provided for in section 72 of the Cities and Towns Act (chapter C-19).

15. The executive committee may temporarily suspend a public servant or an employee appointed by the council. That suspension shall last until the council rules on it at its next sitting.

16. The executive committee shall approve any classification plan and the related remuneration for employees not governed by a collective agreement.

DIVISION II

DIRECTOR GENERAL

17. The city shall always have a public servant called the “director general”.

18. Under the authority of the executive committee, the director general shall be responsible for the management of the city and, to that end, he shall plan, organize, manage and control the activities of the city.

19. Subject to the powers given by the Act to the mayor and the executive committee, the director general shall see to the application of the by-laws, resolutions and contracts and ensure that the funds are used for the purposes for which they were voted.

20. Unless prescribed otherwise, the service directors shall directly answer for the administration of their service to the director general.

DIVISION III

CLERK

21. The clerk is ex officio the secretary of the council, the executive committee and the borough councils. He may also delegate all or part of his powers and obligations to a public servant provided to a borough by the city to act on his behalf in that borough.

22. The clerk is authorized to amend minutes, a by-law, a resolution, an order or another act of the municipal council, of the executive committee or of a borough council so as to correct an error that is obvious just by reading the documents provided in support of the decision or act. In such a case, the clerk shall attach minutes of the correction to the original of the amended document and shall file a copy of the amended document or the minutes of the correction to the municipal council, the executive committee or a borough council, as the case may be.

DIVISION IV

TREASURER

23. The treasurer may delegate all or part of his powers and obligations to a public servant provided to a borough by the city to act on his behalf in that borough.

CHAPTER IV

SPECIAL JURISDICTIONS OF THE CITY COUNCIL

24. The city may

(1) enter into an agreement with telecommunications businesses for the use and occupancy of land belonging to it. Those agreement may, in particular, contain rules respecting the assignment of locations for ground or underground facilities, the sharing of the said facilities and the payment of tariffs, where applicable; and

(2) install, build, hold and operate on its own or by someone else support structures, transportation lines or others related telecommunications facilities and, by agreement, share or lease such equipment in whole or in part.

In this section, the term “telecommunications” has the meaning given by the Telecommunications Act (S.C., 1993, c. 38).

25. The city may enter into an agreement respecting the exercise of its jurisdictions with any school board, regional or local, or a CEGEP; it may then enforce them, exercise the rights and privileges and discharge the obligations provided for therein, even outside its territory.

26. Within its jurisdiction, the city may, particularly to promote the cultural, economic and social development of the city and its citizens, negotiate or enter into an agreement with a body representing or managing local or regional, domestic or foreign communities, and take part in their activities.

27. The council may enter into agreement to entrust all or part of the administration, operation and management on its behalf of property belonging to it or used by it and of programs and services within its jurisdiction.

Such an agreement is not subject to sections 573 and 573.3 of the Cities and Towns Act (chapter C-19) if it is entered into with the government, one of its departments, mandataries or agents, with the Communauté métropolitaine de Montréal or, where the agreement pertains to the protection or development of the environment, the conservation of resources, recreational activities or community life, if it is entered into with a non-profit organization that the city is authorized to subsidize.

28. The council may, by by-law, provide that the city may claim the refund of expenses incurred by the city because an alarm system is defective, does not function properly or is initiated without reason. It may also determine in what cases an alarm is initiated without reason.

29. The council may, by by-law, regulate or prohibit the use of public beaches and the location of boats in waters within the territory of the city.

30. The council may regulate shops where erotic material is sold or offered for sale. It may also regulate massage parlours.

31. The council may, by by-law, regulate or prohibit any game or amusement on the streets, alleys, sidewalks, public places and property.

32. The council may make by-laws

(1) to order that no newspaper, magazine, periodical, program, brochure or other publication, radio broadcast or advertising, personal or business card, letter paper, sign or poster board may, without its authorization bear, take or use the name of the city, its badge, coat of arms or emblem, nor the name or title of one of its services, or a name or title likely to be confused with that of the city or one of its services, or that may lead to believe that the city or one of its services may benefit therefrom; and

(2) to prohibit the printing, sale, exchange, distribution, broadcasting, possession or use of any newspaper, magazine, periodical, program, brochure or other publication, radio broadcast or advertising, personal or business card, letter paper, sign or poster board made in contravention of this section.

33. The council may make by-laws

(1) to prohibit the littering of brochures, pamphlets, leaflets, fliers, mailers, samples or other advertising on private property and prescribe how they can be disposed of;

(2) to regulate the distribution of advertising on private property, to require distributors to control the manner in which their delivery employees or their subcontractors deliver the advertising or have it delivered;

(3) to require that distributors identify themselves on the delivered advertising; and

(4) to require publicity distributors or their subcontractors to hold a licence for that purpose.

34. The council may make by-laws to give names to private streets or to change their name even if they were given by virtue of some contract or agreement and to prohibit anyone from designate by a name a private street or to give it a name without the city’s approval.

35. The council may cause to be described and entered in a register kept for that sole purpose the streets, alleys, roads and places that are totally or partially public, acquired by the city or open to the public for at least five years. When a street, alley, road or public place is public in part, the registration and description shall be made for that part only.

From that registration, those streets, alleys, roads and places are deemed to be public roads.

The streets, alleys, streets and public places open to the public for at least five years within the boundaries of the cities shall become the property of the city as soon as the following formalities are completed:

(1) the council of the city shall approve the document or documents describing all streets, alleys, roads or public places, or any part thereof, in respect of which the city intends to avail itself of the provisions of this section;

(2) those documents shall be filed with the clerk office of the city and a copy certified as true by a land surveyor shall be filed with the registry office of the land division where the land concerned in located;

(3) the clerk of the city shall publish twice in the Gazette officielle du Québec, with at least three months but not more than four months between each publication, a notice containing

(a) the integral text of this section;

(b) a brief description of the streets, alleys, roads and public places in question; and

(c) a statement that the description provided for in subparagraph 1 was approved and filed in accordance with subparagraphs 1 and 2; and

(4) the notice provided for in subparagraph 3 shall, within 30 days of each publication in the Gazette officielle du Québec, be inserted in a daily or weekly newspaper circulated in the city.

Any right claimed by third parties on the ownership of the land of the said streets, roads and public places appearing in the filed documents is extinguished and prescribed if an action is not instituted before the competent court in the year following the last publication in the Gazette officielle du Québec of the notice provided for in subparagraph 4 of the third paragraph.

At the expiry of those periods, the city shall have a notarial declaration registered in respect of any land concerned, attesting that the above formalities are completed and that the registered deed is conclusive proof that the formalities have been completed. The officer of the registry office is bond to accept the filing of the documents and to register the above-mentioned notarial declaration.

The fact that a street, alley, road or public place is described and registered in the registry office provided for in the first paragraph proves prima facie that the street, alley, road or public place has been open to the public for more than five years.

The city may not avail itself of the provisions of this section in respect of land on which it has levied taxes during the three preceding years.

This section also applies to private streets, alleys and roads but only when they appear as such on the official plan and their owners have been exempt from municipal taxes for at least three fiscal years because of their private nature.

As for public streets, alleys and roads and parks owned by the city, but whose titles contain a restriction on the future use that the city may make of them, the city may be released from those restrictions as follows:

(1) by the publication of a notice of that effect in a newspaper circulated in the territory of the city;

(2) by paying the compensation fixed by the court where the donator or his heirs or successors have exercised their recourses within 12 months of the publication of that notice; if they are not, the city is released.

36. Notwithstanding any provision to the contrary in a general or special statute, the city may dig a tunnel more than 30 feet deep under any land for the purposes of its water and sewer systems.

As soon as the work begins, the city shall become the owner, without further formality or compensation, of the place occupied by the tunnel plus a radius of five feet around it, subject to any damage suit.

In the year following the beginning of the work, the city shall file in its archives a copy of the plan certified by the director of public works and showing the horizontal projection of the tunnel. It shall record that plan by filing two copies with the registry office and the registrar shall mention each lot affected or part thereof in the land register.

Before the beginning of the work, the city shall also notify the owner of the above-mentioned land of the existence of the work and of the provisions of this section.

37. No compensation shall be granted for land intended for the construction or enlargement of a road, street or alley following the cadastral plans filed with the registry office. That destination may be inferred from the site and configuration of the land and the circumstances.

38. The city shall be authorized to acquire by agreement or expropriation any immovable to constitute a land reserve or housing reserve and to carry out related work for those purposes. It may acquire any obsolete immovable or an immovable whose occupancy is a nuisance.

The city is authorized to hold, rent and administer the immovables acquired under the first paragraph. It may also lay out those immovables and install public services therein. It may also alienate them on the conditions it determines. The price shall be sufficient to cover all expenses related to the immovable in question, that is, the purchase price, the amortization and interest on the purchase price, the cost for installing public services, insurance and municipal and school taxes. The alienation is then deemed to be done onerously.

39. Notwithstanding the second paragraph of section 536 of the Cities and Towns Act (chapter C-19), the city may raise its bid up to the amount of the municipal assessment for the purchase of an immovable for municipal purposes.

40. Where a special planning program intended for a urban redevelopment or a consolidation of lots on a part of its territory is in force, including the planning by-laws under that program, the city may carry out any program for the acquisition of immovables provided for in that special planning plan in order to alienate or rent the immovables for purposes specified in the program.

Section 28.2 of the Cities and Towns Act (chapter C-19) applies for the purposes of the first paragraph, with the necessary modifications.

41. The city may, by by-law, on the conditions determined by it and in an old part of its territory where a special planning program for the redevelopment, restoration or demolition of immovables is in force, give a grant to help the work in compliance with that program.

The amount of that grant may not exceed the actual cost of the work.

For the purposes of this paragraph, the council may, by by-law, modulate the rate of its grants depending on whether the recipients are non-profit organizations, housing cooperatives or particulars.

The council may also restrict the eligibility of particulars to the grants, on the basis of the maximum eligible household income, and, for that purpose, define the notion of household income and provide methods for assessing and controlling that maximum income.

The council may, by by-law, require from the applicant for a grant mentioned in the first paragraph:

(1) that he obtain the available grants under federal and provincial programs for the same purposes; and

(2) that he produce a landlord-tenants agreement signed by a majority of the latter, pertaining to the nature of the work to be carried out and any increase in the rents.

Likewise, the council may require that the recipient of a grant prove, in the manner prescribed by the council, that the amounts received as grants are deducted from the cost of the work taken into account in fixing the rents after completion of the work.

Where a grant provided for in the first paragraph is given in consideration of the destination or mode of occupancy of an immovable, the council may also, by by-law,

(1) stipulate that the change in the destination or occupancy of that immovable, within the time fixed by the council but not exceeding nine years, entail the return to the city of the grant awarded in respect of the immovable, in a proportion determined by it in relation to the time elapsed, or that any permit that may be required to change the destination or occupancy will be denied until the grant is returned;

(2) provide that the return of the grant is exigible from any person who owns the immovable; and

(3) prescribe the formalities required to ensure compliance with the requirements of subparagraphs 1 and 2, in particular the signing by the owner receiving the grant of any document establishing the limits imposed on the ownership of that immovable, which may be required for the purpose of registration in the land register and require, where applicable, that the owner receiving the grant proceed with that registration.

The registrar is bound to accept any document mentioned in subparagraph 3 of the seventh paragraph and to register it.

42. The council may regulate or prohibit parking on any land or in any building owned by the city, and the applicable provisions shall be indicated by means of appropriate signs.

The council may fix the expenses to be paid for any moving, towing or storage of a vehicle parked in contravention of a by-law adopted under the first paragraph or a provision of the Highway Safety Code (chapter C-24.2).

In all cases where a vehicle may be moved, towed or stored because of a parking offence, the amount prescribed under the second paragraph may be requested on the statement of offence and collected by the collector in accordance with sections 321, 322 and 327 to 331 of the Code of Penal Procedure (chapter C-25.1).

43. The council may make by-laws to remove or tow any vehicle parked in contravention of traffic and parking by-laws and have it taken elsewhere, for instance to a garage, at the owner’s expense with a stipulation that he may not recover his vehicle until he pays the actual towing and storage costs.

44. The council may make by-laws to prohibit dumps in the city.

Where an offence against such a by-law is committed, the following persons are liable to the punishments provided for therein:

(1) the owner, tenant or occupant of the land;

(2) the owners of the vehicles that are deposited on the land.

The court that pronounce the sentence may, in addition to the fines and costs, order that the trash or vehicles in the dump that were the cause of the offence be removed, within eight days of the sentence, by the owner, tenant or occupant of the land, or by the owners of the vehicles and that, if not done, the trash or vehicles be removed by the city at the expense of the person or persons.

All expenses incurred by the city to remove or cause to be removed the trash or vehicles constitute a charge equivalent to the property tax for the immovable where the trash or vehicles were located, and they may be recovered in the same manner.

For the purposes of this section, the term “dump” means any place where trash is deposited or accumulated and includes automobile graveyards.

45. For the purposes of paragraph 2 of section 463 of the Cities and Towns Act (chapter C-19), all expenses incurred by the city to remove or cause to be removed nuisances or to enforce any measure intended to eliminate or prevent nuisances constitute a charge equivalent to the property tax for the immovable where the nuisances were located, and they may be recovered in the same manner.

46. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15) and the Act respecting municipal industrial immovables (chapter I-0.1), the council may, with the approval of the Minister of Municipal Affairs and Greater Montréal and the Minister of Industry and Trade, give grants to relocate industries within the boundaries of the territory of the city.

47. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), the city may, by by-law, adopt a special development program applicable to the part of its territory described in Schedule II of the Act respecting Ville de Saint-Hubert, which remains in force for that purpose, designated as an airport zone. The second paragraph of section 542.1 and section 542.2 and 542.6 of the Cities and Towns Act (chapter C-19) apply to that program, with the necessary modifications.

The city may, by by-law and with the approval of the Minister of Municipal Affairs and Greater Montréal, change the boundaries of the territory referred to in the first paragraph.

48. The city may, by by-law, adopt a program to grant, on the terms and conditions determined therein, a tax credit conditional on the implementation or enlargement of high technology establishments on the territory described in the sixth paragraph.

For the purposes of this section, the expression “high technology” includes the following fields: aerospace, telecommunications, biotechnology, pharmacology, computer sciences, electronics, micro-electronics, optoelectronics, robotics, optics and laser. That expression refers to a use whose main activity is

(1) scientific or technological research or development;

(2) scientific or technological training;

(3) the management of a technological business; or

(4) the manufacturing of technological products, including scientific research and experimental development activities.

A by-law adopted under this section may not provide for a tax credit lasting more than five years and the period of eligibility for that program may not exceed 31 December 2006.

The tax credit makes up for the increase in property taxes that may result from the re-assessment of the immovables after the work is completed. For the fiscal year in which the work is completed and the two following fiscal years, the amount of the tax credit is the difference between the amount of property tax that would be due had the assessment of the immovables not been modified and the amount of taxes actually due. For the two following fiscal years, the amount of the tax credit shall be 80 % and 60 %, respectively, of the amount of tax credit for the first fiscal year.

The by-law provided for in the first paragraph may not be adopted and applied unless the zoning by-law of the city provides that, in the case of the main activities referred to in subparagraphs 1 to 4 of the second paragraph, the use must include a gross flour area reserved and intended for scientific research and experimental development activities that is equivalent to at least 15 % of the total gross floor area occupied or intended to be occupied by that use. The zoning by-law shall also prescribe that the use whose main activity is one of those provided for in subparagraphs 2 and 3 o the second paragraph may not be authorized for more than 30 % of the territory mentioned in the first paragraph.

The boundaries of the territory mentioned in the first paragraph are the following:

— to the west by boulevard Taschereau, from Route 116 to boulevard Jacques-Cartier ouest (Longueuil borough);

— to the northwest, to the north and northeast by boulevard Jacques-Cartier ouest (Longueuil borough), boulevard Taschereau (Longueuil borough) to the planned boulevard Julien-Lord (Longueuil borough);

— to the northeast, to the north and northwest by the planned boulevard Julien-Lord (Longueuil borough), from boulevard Jacques-Cartier ouest (Longueuil borough) to Chemin de Chambly (Longueuil borough);

— to the northwest by boulevard Vauquelin (limit of Longueuil and Saint-Hubert borough) and its extension to the northeast, from Chemin de Chambly (Longueuil borough) to the limit of the agricultural zone (Saint-Hubert borough);

— to the northeast by the southwest limit of the agricultural zone (Saint-Hubert borough), from the extension to the northeast of boulevard Vauquelin (limit of Longueuil and Saint-Hubert boroughs) to Chemin de la Savane;

— to the northwest by Chemin de la Savane (Saint-Hubert borough), from the southwest limit of the agricultural zone (Saint-Hubert borough) to boulevard Clairevue;

— to the northeast and north by boulevard Clairevue (Saint-Hubert and Saint-Bruno-de-Montarville boroughs), from Chemin de la Savane (Saint-Hubert borough) to Route 30;

— to the west by Route 30, from boulevard Clairevue ouest (Saint-Bruno-de-Montarville borough) to Montée Montarville (Saint-Bruno-de-Montarville borough);

— to the north by Montée Montarville (Saint-Bruno-de-Montarville borough), from Route 30 to the power transmission line;

— to the east, to the northeast and southeast by the power transmission line, from Montée Montarville (Saint-Bruno-de-Montarville borough) to boulevard Clairevue ouest (Saint-Bruno-de-Montarville borough);

— to the northeast by the planned Rue La Grande Allée (Saint-Bruno-de-Montarville borough), from boulevard Clairevue ouest (Saint-Bruno-de-Montarville borough) to Rue Marie-Victorin (Saint-Bruno-de-Montarville borough);

— to the southeast by Rue Marie-Victorin (Saint-Bruno-de-Montarville borough), from the planned Rue La Grande Allée (Saint-Bruno-de-Montarville borough) to the rear lots (southwest side) of Croissant Pease (Saint-Bruno-de-Montarville borough);

— to the southwest by the rear lots (southwest side) of Croissant Pease and Rue Pease (Saint-Bruno-de-Montarville borough) and its extension to the southeast, from rue Marie-Victorin (Saint-Bruno-de-Montarville borough) to Route 116;

— to the south by Route 116, from the extension to the southeast of the rear lots (southwest side) of Rue Pease to Boulevard Cousineau (Saint-Hubert borough);

— to the east by boulevard Cousineau (Saint-Hubert borough), from Route 116 to rue Gareau (Saint-Hubert borough), from boulevard Cousineau (Saint-Hubert borough) to the railroad of Canadian National Railways;

— to the southwest by the railroad of Canadian National Railways, from rue Gareau (Saint-Hubert borough) to Route 116;

— to the south by Route 116, from the railroad of the Canadian National Railways to Boulevard Taschereau.

CHAPTER V

MISCELLANEOUS

49. Sections 1 to 30 and 34 to 37 of the Act respecting Ville de Saint-Hubert (1999, c. 94) continue to apply on the territory described in Schedule I to that Act.

50. Any by-law adopted by the council of the former Ville de Saint-Hubert under section 1 of the Act to amend the charter of the town of Saint-Hubert (1972, c. 83) or by the council of the former Ville de Longueuil under section1 of the Act to amend the charter of the city of Longueuil (1971, c. 101) or sections 13 and 14 of the Act to amend the charter of the city of Longueuil (1982, c. 81), granting an annual pension to any person who sat on the council, shall remain applicable to those persons or their heirs, as the case may be.

51. Municipal by-laws adopted by the council of the former Ville de Longueuil before 1 January 2002, under the special power granted by section 14 of the Act to amend the charter of the town of Jacques-Cartier (1950, c. 102), amended by section 7 of Chapter 60 of the Statutes of 1957-58, authorizing the imposition and levy of a special property tax for 40 years on the immovables in front of which water pipes where buried shall remain in force.

52. The city is authorized to rent all or part of the original lots 156 and 159 of the cadastre of Paroisse de Saint-Antoine de Longueuil, Chambly land division, and the lots without cadastre that it acquired from Her Majesty in Right of Canada, at a price that is sufficient to cover all annual expenses related to those immovables, that is, the amortization and interest on the purchase price, the cost for services, legitimate costs and expenses and municipal and school taxes.

53. The parts of lots 156 and 159 of the cadastre of Paroisse de Saint-Antoine de Longueuil acquired before 1 January 2002 by the former Ville de Longueuil from Her Majesty in Right of Canada may be subdivided and sold by the city in accordance with the statutes governing it. The sale price shall be at least equivalent to the acquisition price plus the cost of services, in which case the sale is deemed to be made onerously.

Any loan by-law adopted in that respect by the former Ville de Longueuil, before 1 January 2002, under the powers granted by section 4 of the Act to amend the charter of the city of Longueuil (1964, c. 84) remains in force.

Monies resulting from those sales shall be used to extinguish obligations taken for the acquisition.

54. Taxation by-laws of the former Ville de Longueuil adopted before 1 January 2002 under the powers granted by section 8 of the Act to amend the charter of the city of Longueuil (1971, c. 101) shall remain in force in the territory for which they were made.

55. The parts of the original lot 156 of the cadastre of Paroisse de Saint-Antoine de Longueuil and any adjacent land without a cadastre before 1 January 2002 acquired by the former Ville de Longueuil from any corporation of the Crown in Right of Canada may be subdivided and sold by the city in accordance with the statutes governing it. The sale price shall be at least equivalent to the acquisition price plus the cost of services, in which case the sale is deemed to be made onerously.

Any loan by-law adopted in that respect by the former Ville de Longueuil, before 1 January 2002, under the powers granted by section 1 of the Act respecting the city of Longueuil (1965, c. 100), amended by section 267 of the Act to amend various legislation respecting municipal finance (1984, c. 38) shall remain in force.

Moneys resulting from those sales shall be used to extinguish obligations taken for the acquisition.

56. Section 3 of the Act respecting the town of Saint-Bruno-de-Montarville (1959-60, c. 157) remains in force on the territory of the former Ville de Saint-Bruno-de-Montarville as it was on 31 December 2001.

57. Section 48 of the Act respecting the city of Saint-Hubert (1991, c. 87) remains in force.

58. By-law 6 of Ville de Saint-Lambert, adopted by the council of Village de Saint-Lambert on 8 September 1896, is declared to be a prohibiting by-law adopted under sections 1094, 1095 and 1096 of the Revised Statutes of Québec of 1888 (Temperance Law). As such, by-laws 6, 300, 646 and 753 of Ville de Saint-Lambert have force of law on the part of the territory of the Saint-Lambert/Lemoyne that was, on 31 December 2001, the territory of Ville de Saint-Lambert. Those by-laws may, anytime and notwithstanding any incompatible provision in any statute, be revoked by the council of the Saint-Lambert/Lemoyne borough or be amended by that council under a by-law that specifies the nature of the licences that the Régie des alcools, des courses et des jeux may issue in the part of the territory of the borough Saint-Lambert/Lemoyne that was the territory of Ville de Saint-Lambert on 31 December 2001.

Any by-law adopted under this section shall be submitted to the approval of voters in the part of the territory of the Saint-Lambert/Lemoyne borough that was the territory of Ville de Saint-Lambert on 31 December 2001 and in accordance with the Temperance Act (R.S.Q., 1964, c. 45).

Notwithstanding the foregoing, the “club” permit provided for in section 30 of the Act respecting liquor permits (chapter P-9.1) and that is issued for the purposes of a golf, tennis, squash, yachting or curling club, and the “reunion” permit provided for in section 33 of that Act, are authorized on all the territory of the Saint-Lambert/Lemoyne that was the territory of Ville de Saint-Lambert on 31 December 2001.

For the purposes of this section, the territory of Ville de Saint-Lambert on 31 December 2001 is described in Schedule A to the letters patent granted to the amalgamated towns of Saint-Lambert and Préville dated 23 April 1969, registered on 25 April of the same year under folio number 1480-57, as amended in the notice given in accordance with section 162 of the Act respecting municipal territorial organization (chapter O-9) dated 9 June 1994 approving by-law 2178 of Ville de Saint-Lambert and providing a description of the territory concerned drawn up by the Minister of Natural Resources on 20 April 1994, and subject to the application of section 284 of the Act respecting municipal territorial organization according to the technical description dated 31 May 2001 prepared by Gilles Lebel, land surveyor, bearing number 13185 of his minutes.

59. The city council shall, not later than 1 July 2002, give a new name to the Longueuil borough.

60. If a provision of this Schedule and a provision in the charter of the city are incompatible, the former shall prevail.

61. No provision of this Schedule, nor any provision maintained in force by this Schedule, may have the effect of restricting the scope of a provision, contained in any statute applicable to the city or any municipality in general or to any of their bodies, for the sole reason that it is similar to such provision but is not written in more specific terms.

O.C. 1310-2001, s. 24.