C-37.01 - Act respecting the Communauté métropolitaine de Montréal

À jour au 20 décembre 2000

Ce document a valeur officielle.

chapter C-37.01

Act respecting the Communauté métropolitaine de Montréal

CHAPTER I ESTABLISHMENT AND ORGANIZATION

DIVISION I ESTABLISHMENT

1. A metropolitan community is hereby established under the name “Communauté métropolitaine de Montréal”.

The Community is a legal person.

2000, c. 34, s. 1.

2. The territory of the Community comprises the territories of the municipalities listed in Schedule I.

2000, c. 34, s. 2.

3. The Community has its head office within its territory, at the place it determines.

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 distributed in the territory of the Community.

2000, c. 34, s. 3.

DIVISION II COMPOSITION AND OPERATION

§ 1 . — Council

4. The affairs of the Community are administered by a council of 28 members, composed of the following persons:

(1)  the mayor of Ville de Montréal, and six persons designated by the council of that city from among its other members;

(2)  the mayor of Ville de Laval, and two persons designated by the council of that city from among its other members;

(3)  the mayor of Ville de Longueuil;

(4)  seven mayors designated by and from among the mayors of the group of municipalities listed in Schedule II;

(5)  four mayors designated from among the mayors of the municipalities whose territory is situated both within the territory of the Community and within the territory of a regional county municipality listed in Schedule III;

(6)  six mayors designated from among the mayors of the municipalities whose territory is situated both within the territory of the Community and within the territory of a regional county municipality listed in Schedule IV.

2000, c. 34, s. 4.

5. The designation of mayors from among the mayors of the municipalities referred to in paragraph 4 of section 4 shall be effected in accordance with sections 6 to 9.

2000, c. 34, s. 5.

6. The secretary of the Community shall convene a meeting of a group to elect a member to the council from the group, in the same manner as when convening a special meeting of the council of the Community.

The meeting is public and chaired by the secretary. The secretary shall give public notice, in a newspaper circulated in the territory of the Community, of the date, time and place of the meeting. The notice must be given at least three days before the day on which the meeting is to be held.

A majority constitutes a quorum.

2000, c. 34, s. 6; 2000, c. 56, s. 9.

7. The mayors may, at the beginning of the meeting, decide the procedure for breaking a tie-vote.

Any decision made under the first or second paragraph and the decision designating a member of the council of the Community shall be made by a majority of the votes cast; the majority must include the votes of more than half the mayors of the territory who have voted.

Each mayor shall have a number of votes corresponding to the proportion between the population of the municipality of which he or she is the mayor and that of the territory composed of the mayors of the municipalities of the group.

2000, c. 34, s. 7; 2000, c. 56, s. 10.

8. The secretary shall establish the nomination and voting procedure.

The secretary shall organize as many ballots as there are members to be elected and may, before beginning the process, establish rules to ensure that the number of candidates decreases before each ballot.

The secretary shall proclaim the election, after each ballot, of the person who receives the greatest number of votes or, where applicable, who is selected following the application of the procedure for breaking a tie-vote.

2000, c. 34, s. 8.

9. The secretary shall draw up the minutes of the meeting and table them at the next meeting of the council.

2000, c. 34, s. 9.

10. The members of the council of the Community referred to in paragraph 5 of section 4 are designated as follows :

(1)  the Municipalité régionale de comté de Thérèse-De Blainville designates one member ;

(2)  the Municipalité régionale de comté des Moulins designates one member ;

(3)  Ville de Mirabel and the Municipalité régionale de comté de Deux-Montagnes, together, designate one member ;

(4)  the Municipalité régionale de comté de L’Assomption designates one member.

2000, c. 34, s. 10; 2000, c. 56, s. 11.

11. The members of the council of the Community referred to in paragraph 6 of section 4 are designated as follows:

(1)  the Municipalité régionale de comté de Champlain designates two members;

(2)  the Municipalité régionale de comté de Roussillon designates one member;

(3)  the Municipalité régionale de comté de Lajemmerais designates one member;

(4)  the Municipalité régionale de comté de La Vallée-du-Richelieu and the Municipalité régionale de comté de Rouville, together, designate one member;

(5)  the Municipalité régionale de comté de Beauharnois-Salaberry and the Municipalité régionale de comté de Vaudreuil-Soulanges, together, designate one member.

2000, c. 34, s. 11.

12. Only the members of the council of a regional county municipality who represent a municipality whose territory is situated within the territory of the Community may take part in the vote of the regional county municipality under which it designates alone a member of the council referred to in section 10 or 11.

2000, c. 34, s. 12.

13. Where a member of the council of the Community is, in accordance with section 10 or 11, to be designated by more than one regional county municipality, the designation shall be made by a vote of the mayors of each of the local municipalities whose territories are situated within the territory of the Community at a meeting convened by the secretary of the Community.

Sections 6 to 9, adapted as required, apply to the designation. However, any decision is made by a simple majority vote.

2000, c. 34, s. 13.

14. The mayor of Ville de Montréal is the chair of the Community.

2000, c. 34, s. 14.

15. The council shall designate its vice-chair.

The vice-chair shall replace the chair when the latter is unable to act or where the office of chair is vacant.

2000, c. 34, s. 15.

16. No member who is not required to be designated in accordance with sections 6 to 9 may act as a member of the council until the secretary has received a copy of the instrument of designation.

2000, c. 34, s. 16.

17. The term of office of a member of the council expires at the same time as the member’s term as member of the council of a municipality which was in progress when the member was appointed to the council of the Community.

2000, c. 34, s. 17.

18. A member of the council, other than a member by virtue of his or her office, may resign from the council by sending a written notice to that effect, signed by the member, to the secretary. The resignation takes effect on the date the secretary receives the notice, or on any later date specified in the notice.

2000, c. 34, s. 18.

19. The council shall sit where the Community has its head office.

However, the council may fix, in its internal management by-laws, another place as its usual place of meeting.

2000, c. 34, s. 19.

20. The council shall, before the start of each year, establish the schedule of its regular meetings by fixing the date and time of each meeting.

However, the council may decide that a regular meeting will begin at a date and time other than those indicated in the schedule, or that the council will sit at a place other than the usual place.

2000, c. 34, s. 20.

21. The secretary shall give public notice, in a newspaper circulated in the territory of the Community, of its schedule and of the place where the council is to sit for each meeting.

The secretary must also give public notice of any regular meeting that is to be held at a place other than the place mentioned in the notice given pursuant to the first paragraph, or at a date or time other than those appearing in the schedule.

2000, c. 34, s. 21.

22. Every special meeting must be convened.

Every regular meeting that is to be held at a place other than the place mentioned in the schedule, or at a date or time other than those appearing in the schedule, must also be convened.

A meeting that has been adjourned must be reconvened if the meeting is to continue at another place, or where the date and time of the continued meeting were fixed after the meeting was adjourned.

The members of the council may waive the notice of a meeting. A member’s mere attendance at the meeting is a waiver, except where the member attends to object to the holding of the meeting on the ground that notice of the meeting was given irregularly.

2000, c. 34, s. 22.

23. The time limit for giving public notice under the second paragraph of section 21 or for receipt of a notice convening a meeting may be fixed in the internal management by-laws. However, no time limit for giving public notice may be less than three days and no time limit for convening a meeting may be less than 24 hours, except where required in cases of urgency.

2000, c. 34, s. 23.

24. The secretary shall prepare the agenda for each regular meeting and enter on it each matter submitted by the chair of the council. The internal management by-laws may prescribe the right of any other person or group determined in the by-laws to request a matter to be placed on the agenda, and set out the related conditions.

2000, c. 34, s. 24.

25. The special meetings of the council shall be convened by the secretary at the request of the chair of the Community, the executive committee or a committee of the council, or at the request of at least nine members of the council. The notice convening the meeting must state the matters for which the meeting is requested and that are to be discussed at the meeting. The notice shall constitute the agenda for the meeting.

2000, c. 34, s. 25.

26. The chair of the Community shall preside at meetings of the council.

The chair is responsible for maintaining order and decorum at the meeting and may, for such purpose, expel any disorderly person from the place where the meeting is held.

2000, c. 34, s. 26.

27. The vice-chair may preside at any meeting of the council at the request of the chair.

2000, c. 34, s. 27.

28. The meetings of the council are public.

Each meeting includes a period during which the persons present may address questions to the members of the council.

The council may, in its internal management by-laws, prescribe the duration of the question period, the time it is to take place, and the procedure to follow in addressing a question.

2000, c. 34, s. 28.

29. Nine members constitute a quorum at meetings of the council.

2000, c. 34, s. 29.

30. Every member of the council present at a meeting has one vote.

However, in the case of a tie-vote, the vote of the chair of the Community included in the tie becomes the casting vote. The casting vote of the chair of the Community may not be exercised by the vice-chair presiding at a meeting of the council at the request of the chair or where the vice-chair is replacing the chair because the latter is unable to act or the position is vacant.

2000, c. 34, s. 30.

31. Every decision of the council is made by way of a simple majority vote, unless another form of majority is provided for by law.

2000, c. 34, s. 31.

32. The council may adopt internal management by-laws to supplement the rules provided by this Act.

2000, c. 34, s. 32.

§ 2 . — Executive committee

33. The executive committee of the Community is hereby established.

2000, c. 34, s. 33.

34. The executive committee has eight members.

The membership comprises:

(1)  the chair of the Community;

(2)  the mayors of Ville de Laval and Ville de Longueuil;

(3)  a person designated by the council of the Community from among the members of the council designated under paragraph 1 of section 4;

(4)  two persons designated by the council of the Community from among the members of the council designated under paragraph 4 of section 4;

(5)  a person designated by the council of the Community from among the members of the council designated under paragraph 5 of section 4;

(6)  a person designated by the council of the Community from among the members of the council designated under paragraph 6 of section 4.

2000, c. 34, s. 34.

35. Every designation by the council of the Community under paragraphs 3 to 6 of section 34 must be supported by at least 2/3 of the votes cast.

2000, c. 34, s. 35.

36. The chair of the Community is the chair of the executive committee.

The council of the Community shall designate the vice-chair of the executive committee from among the members of that committee.

2000, c. 34, s. 36.

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

2000, c. 34, s. 37.

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

The special meetings of the executive committee are held at the place, on the days and at the times fixed by the person who requested the convening of the meeting.

2000, c. 34, s. 38; 2000, c. 56, s. 15.

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

The internal management by-laws adopted by the council may provide that a special meeting of the executive committee may be convened at the request of a number of members of the executive committee fixed in the by-laws and that shall not be less than four.

2000, c. 34, s. 39; 2000, c. 56, s. 16.

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

2000, c. 34, s. 40.

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

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

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

2000, c. 34, s. 41.

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

However, the executive committee sits in public

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

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

2000, c. 34, s. 42.

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

2000, c. 34, s. 43.

44. Each member of the executive committee who is present at a meeting has one vote.

2000, c. 34, s. 44.

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

2000, c. 34, s. 45.

46. The executive committee acts for the Community in all cases in which a provision, adopted under section 47, of the internal management by-laws assigns the power to perform the act to the executive committee.

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

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

2000, c. 34, s. 46.

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

However, the following powers may not be delegated:

(1)  the power to adopt a budget, a three-year capital expenditure program or a document under the Act respecting land use planning and development (chapter A‐19.1);

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

(3)  the power to exercise the powers mentioned in sections 70 to 72.

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

2000, c. 34, s. 47; 2000, c. 56, s. 17.

48. The executive committee may adopt an internal management by-law concerning its meetings and the conduct of its affairs. The by-law may also, if permitted by the internal management by-laws of the Community, enable the executive committee to delegate to any employee of the Community the power to authorize expenditure and enter into contracts on behalf of the Community, on the conditions determined by the executive committee and in accordance with the rules and restrictions applicable to the Community.

2000, c. 34, s. 48.

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

2000, c. 34, s. 49.

§ 3 . — Committees of the Community

50. The council may establish committees with the number of members it specifies.

2000, c. 34, s. 50.

51. The members of a committee are designated by the council and may be replaced at any time. The council designates a chair and vice-chair from among their number.

2000, c. 34, s. 51.

52. The position of chair or vice-chair of a committee is incompatible with the office of chair of the Community or vice-chair of the council.

2000, c. 34, s. 52.

53. If a member of a committee resigns, the member’s term of office ends on the date the secretary of the Community receives a written notice to that effect, signed by the member, or on any later date specified in the notice.

2000, c. 34, s. 53.

54. The term of the chair or vice-chair of a committee ends, in particular, on the date on which the person concerned is appointed to a position that is incompatible with the position of chair or vice-chair of a committee.

2000, c. 34, s. 54.

55. The function of a committee is to examine any matter determined by the council that is within the jurisdiction of the Community. The committee makes the recommendations it considers appropriate to the council.

The executive committee may also request a committee established by the council to examine a matter within its jurisdiction. In such a case the committee makes the recommendations it considers appropriate to the executive committee rather than to the council.

2000, c. 34, s. 55.

56. The meetings of a committee are public and section 28 applies, with the necessary modifications, to a meeting held by a committee. However, the council may determine, in its internal management by-laws, in which cases the meetings of a committee are closed to the public.

The chair of the Community may attend any meeting of a committee without being a member of that committee. The chair may be heard at the meeting, but may not vote.

2000, c. 34, s. 56.

57. The secretary of the Community causes prior notice of each meeting of a committee to be published in a newspaper circulated in the territory of the Community.

2000, c. 34, s. 57.

58. The chair of a committee directs its activities and presides at its meetings.

2000, c. 34, s. 58.

59. The vice-chair replaces the chair if the latter is unable to act.

2000, c. 34, s. 59.

60. Each member of a committee has one vote. A decision by the committee must be supported by a simple majority of the votes cast.

2000, c. 34, s. 60.

61. The committee reports on its work and decisions in a report signed by its chair or the majority of its members.

The report is sent to the chair of the Community, who tables it before the council or, if the decision recommended is within the jurisdiction of the executive committee, before the executive committee.

2000, c. 34, s. 61.

62. No report of a committee has effect unless it is ratified or adopted by the council or by the executive committee.

2000, c. 34, s. 62.

63. The internal management by-laws of the council may require a committee to forward to the council every year, at the time determined by the council, a report on its operations during the preceding fiscal year.

2000, c. 34, s. 63.

DIVISION III SALARIES, ALLOWANCES AND OTHER CONDITIONS

64. The council shall fix, by by-law, the remuneration and allowance of its members. The remuneration and allowance are paid by the Community.

The remuneration may include, in addition to the base remuneration, an additional remuneration for the positions of chair and vice-chair of the council, chair, vice-chair or member of the executive committee or a committee and for each position occupied by a member within a body of the Community.

The by-law may have effect retroactively to 1 January preceding its coming into force.

2000, c. 34, s. 64; 2000, c. 56, s. 18.

65. The council may, in the by-law adopted under section 64, prescribe the conditions on which the failure of a member of the council to attend a meeting of the council, the executive committee or any other committee on which the member sits as a member of the council entails a reduction in the member’s remuneration or allowance, and prescribe the rules for computing the reduction.

2000, c. 34, s. 65.

66. The expenses actually incurred by any member of the council on behalf of the Community, the executive committee or any other committee on which the member sits must, in each case, be previously authorized by the council. The council shall approve payment upon receipt of a statement and supporting documents.

2000, c. 34, s. 66.

67. The council may establish a tariff applicable to cases where expenses are incurred by any of its members on behalf of the Community, the executive committee or any other committee on which the member sits as a member of the council.

Payment of an amount provided for in the tariff for an expense referred to in the first paragraph shall be approved by the council, executive committee or council committee upon receipt of a statement and the supporting document required by the council.

2000, c. 34, s. 67.

68. The council may provide sufficient appropriations in the budget of the Community for the reimbursement of a class of expenses which the members may incur on behalf of the Community, the executive committee or any other committee on which they sit as a member of the council during the fiscal year, whether such expenses are actually incurred or provided for in the tariff.

The council is not required to give prior authorization for an expense included in such a class, if the expense does not exceed the balance of the appropriations, after subtracting the sums already used or set aside to reimburse previous expenses.

If all the appropriations for a fiscal year have been used, the council may appropriate, for the purposes provided in this section, all or part of the balance of the sums provided for in the budget to cover unforeseen administrative expenses.

2000, c. 34, s. 68.

69. Sections 66 to 68 apply in respect of acts performed or expenses incurred while the member is representing the Community, the executive committee or any other committee, otherwise than in the course of the work of those bodies, or while the member is participating in any convention, seminar or other event held for the purpose of providing information or training relevant to the performance of a member’s duties.

Those sections also apply in respect of acts performed or expenses incurred, for meals, in connection with a meeting of the council, the executive committee or any other committee, or in connection with any meeting held for the purposes of such a meeting, provided that no member was excluded from the meeting for any reason other than the member’s disqualification.

2000, c. 34, s. 69.

DIVISION IV ADMINISTRATIVE DEPARTMENTS AND EMPLOYEES

70. The council shall appoint a director general, a secretary and a treasurer.

No person may be appointed permanently to fill any position provided for in this section or in section 71 if the person remains in the employ of a municipality whose territory is situated within the territory of the Community.

The council may define the duties of a person holding such a position that are not determined by this Act, or add any other duty to those determined by this Act.

2000, c. 34, s. 70.

71. The council may create, by by-law, the various departments of the Community and determine the scope of their activities; the by-law shall appoint, by resolution, the heads and assistant heads of the departments and define their duties.

The official title of the head of the department designates the assistant head when the latter acts in the place of the head.

2000, c. 34, s. 71.

72. An absolute majority of the votes of the members of the council is required in order that the council may dismiss, suspend without pay or reduce the salary of an employee who is not an employee within the meaning of the Labour Code (chapter C-27) and who has held a position for at least six months or has held, within the Community, a position the holder of which is not an employee within the meaning of that Code.

2000, c. 34, s. 72; 2000, c. 54, s. 111.

73. A resolution dismissing, suspending without pay or reducing the salary of an employee referred to in section 72, shall be served on the employee in the same manner as a summons under the Code of Civil Procedure (chapter C‐25).

A person on whom a measure described in the first paragraph has been imposed may, within 30 days following service of the resolution, file a complaint in writing with the labour commissioner general who shall appoint a labour commissioner to make an inquiry and decide the complaint.

2000, c. 34, s. 73; 2000, c. 54, s. 111.

74. The provisions of the Labour Code (chapter C‐27) respecting the labour commissioner general, the labour commissioners, their decisions and the exercise of their jurisdiction, and section 100.12 of the Code apply with the necessary modifications, except sections 15 to 19 and 118 to 137.

2000, c. 34, s. 74; 2000, c. 54, s. 111.

74.1. The labour commissioner may

(1)  order the Community to reinstate the employee;

(2)  order the Community to pay to the employee an indemnity up to a maximum equivalent to the salary the employee would normally have received had there been no such measure;

(3)  render any other decision the labour commissioner believes fair and reasonable, taking into account all the circumstances of the matter, and in particular order the Community to pay to the employee compensation up to a maximum equivalent to the amount the employee disbursed to exercise the recourse.

2000, c. 54, s. 111.

74.2. The decision of the labour commissioner must state the grounds on which it is based and be rendered in writing. The decision shall bind both the Community and the employee.

The labour commissioner must file the original of the decision at the office of the labour commissioner general.

The clerk shall send forthwith a true copy of the decision to the parties.

2000, c. 54, s. 111.

75. Sections 72 to 74.2 do not apply to a suspension without pay unless

(1)  the suspension is for more than 20 working days, or

(2)  the suspension, whatever its duration, occurs within 12 months after the expiry of a suspension without pay for more than 20 working days.

2000, c. 34, s. 75; 2000, c. 54, s. 112.

76. No employee may, on pain of forfeiture of office, have any direct or indirect interest in an enterprise causing the employee’s personal interest to conflict with the duties of the employee’s department or function.

If such an interest devolves by succession or gift, the employee must renounce or dispose of it with all possible dispatch.

2000, c. 34, s. 76.

77. No member of the council of a municipality whose territory is situated within the territory of the Community may hold regular or permanent employment with the Community, under pain of forfeiture of office.

Such a member who holds temporary or casual employment cannot sit on the council.

2000, c. 34, s. 77.

78. The director general shall direct the personnel of the Community.

The director general has authority over the employees of the Community. With respect to an employee whose duties are provided for by law, the authority of the director general is exercised only within the framework of the director general’s duty to manage the human, material and financial resources of the Community and may in no case hinder the carrying out of duties provided for by law.

The director general may suspend an employee. The director general shall immediately report the suspension to the council. The council shall decide the case of the suspended employee, after making an inquiry.

2000, c. 34, s. 78.

79. The director general is responsible for the administration of the Community and, for that purpose, plans, organizes, directs and supervises its activities.

2000, c. 34, s. 79.

80. For the purposes of sections 78 and 79, the director general shall, in particular,

(1)  ensure communication between the council, the executive committee and the committees and the employees of the Community; for that purpose, the director general shall have access to every document of the Community and may require any document or information from any employee;

(2)  prepare the budget and the Community’s capital expenditure program and the plans, programs and projects needed to ensure the orderly functioning of the Community, with the collaboration of the heads of departments and the other employees of the Community;

(3)  examine the complaints and claims against the Community;

(4)  examine the draft by-laws of the Community;

(5)  submit, to the council, the budgets, capital expenditure programs, plans, programs and projects the director general has prepared, together with observations and recommendations concerning the complaints, claims and draft by-laws examined by the director general;

(6)  report, to the council, on any matter the director general believes should be brought to its attention to ensure the sound management of public funds, the progress of the Community and the welfare of its citizens; the director general shall, where expedient, add his or her personal opinions or recommendations to the record of any matter submitted to the council, the executive committee or another committee;

(7)  attend the meetings of the council, of the executive committee and of the committees and, with the permission of the chair of the meeting, give advice and present recommendations on the matters debated, without having the right to vote;

(8)  ensure that the by-laws and decisions of the Community are implemented and, particularly, ensure that funds are used for the purposes for which they were voted;

(9)  exercise any other power relating to the direction of the affairs and activities of the Community and the management of its personnel that is assigned to the director general in the internal management by-laws.

2000, c. 34, s. 80.

81. The secretary of the Community shall have custody of the seal and records of the Community, and shall direct the secretary’s department.

The secretary shall attend every meeting of the executive committee and of the council.

2000, c. 34, s. 81.

82. The treasurer shall direct the treasury department.

2000, c. 34, s. 82.

83. The department heads and their assistants may, in performing their duties, administer the same oath as a commissioner for oaths appointed under the Courts of Justice Act (chapter T‐16).

2000, c. 34, s. 83.

DIVISION V BY-LAWS, RESOLUTIONS, MINUTES AND OTHER DOCUMENTS OF THE COMMUNITY

84. Where the various matters dealt with in a single by-law require approval before coming into force, approval need not be given separately for each matter, but may be given to the by-law as a whole.

2000, c. 34, s. 84.

85. Where any provision of this Act or any other Act provides that a by-law must receive approval, the by-law may not be published or come into force until it has received that approval.

In such a case, a certificate signed by the chair of the Community and the secretary, attesting the date of each approval given, must accompany and forms part of the original of such by-law.

2000, c. 34, s. 85.

86. The approval of a by-law or other proceeding of the council by the Government or the Minister, body or person whose approval is required has no other effect than that of rendering such by-law or proceeding executory, according to law, from its coming into force. Authorization may be given in place of approval.

Approval may be partial or qualified.

2000, c. 34, s. 86.

87. The original of every by-law in its entirety shall be registered in a special book entitled “Book of the by-laws of the Communauté métropolitaine de Montréal”.

The secretary shall also enter in such book, at the end of every by-law registered therein, a copy of the notice of publication of such by-law, certified by the secretary.

The secretary is the custodian of the by-laws of the Community.

2000, c. 34, s. 87.

88. To be official, the original of a by-law or resolution must be certified by the chair of the Community and by the secretary.

2000, c. 34, s. 88.

89. Except where otherwise provided by law, every by-law of the Community shall come into force, if not otherwise provided for in the by-law, on the date of publication.

2000, c. 34, s. 89.

90. Every by-law shall be published, after being passed or receiving final approval in the case where it has been submitted for one or several approvals, by a public notice, signed by the secretary, posted up at the office of the Community and by insertion in a newspaper circulating in the territory of the Community, mentioning the object of the by-law, the date on which it was passed, and the place where communication thereof may be had.

If the by-law has received one or several approvals, the notice of publication shall mention the date and the fact of each approval.

2000, c. 34, s. 90.

91. Every by-law passed by the Community is considered to be a public law and it shall not be necessary to allege it specially.

2000, c. 34, s. 91.

92. A copy of a by-law or resolution is authentic when certified by the secretary or the person responsible for access to the documents of the Community.

2000, c. 34, s. 92.

93. The minutes of the council and of the executive committee, approved and certified by the chair of the Community, the vice-chair or the secretary, or by another member of the personnel of the Community authorized to do so, are official. The same applies to documents emanating from the Community or forming part of its records, when certified by such a person.

A copy of a minute or other official document is authentic when certified by the secretary or by the person responsible for access to the documents of the Community.

2000, c. 34, s. 93.

94. The facsimile of the signature of the director general, the secretary or the treasurer of the Community on a document that such a person is authorized to sign has the same effect as the signature itself, if the use of a facsimile is authorized by the council.

The first paragraph does not apply to the certification of a by-law or resolution adopted by the council or by the executive committee.

2000, c. 34, s. 94.

95. The books, registers and documents forming part of the records of the Community may be consulted, during regular working hours, by any person requesting to do so.

2000, c. 34, s. 95.

96. The person in charge of access to the documents of the Community must deliver copies or extracts of the books, registers or documents forming part of the records of the Community to any person who so requests.

2000, c. 34, s. 96.

CHAPTER IV FINANCIAL PROVISIONS

161. The Community must prepare and adopt a budget each year by a 2/3 majority of the votes cast.

2000, c. 34, s. 161; 2000, c. 56, s. 52.

162. Not later than the day the budget of the Community is submitted to the council, the chair of the executive committee shall report on the financial situation of the Community at a meeting of the council.

The chair shall deal with the latest financial statements, the latest report of the auditor and the latest three-year fixed assets program, with preliminary indications regarding the financial statements for the fiscal year preceding the year for which the next budget is made, and outline the new budget orientations and the next three-year fixed assets program.

The report by the chair shall be published in a newspaper circulated in the territory of the Community.

2000, c. 34, s. 162; 2000, c. 56, s. 53.

163. The secretary shall give public notice of the meeting at which the budget or the three-year fixed assets program must be submitted to the council, not later than eight days before it takes place.

At the meeting, the deliberations of the council and the question period shall deal exclusively with the budget or the three-year program.

2000, c. 34, s. 163.

164. The adopted budget and three-year program, or an explanatory document, shall be published in a newspaper circulated in the territory of the Community.

2000, c. 34, s. 164.

165. The executive committee shall draw up the budget of the Community. The executive committee shall file the budget in the office of the secretary of the Community with its recommendations. The secretary shall forward a copy of each document so filed to each municipality whose territory is situated within the territory of the Community and to every member of the council not later than 1 November.

Not later than 30 September each year, the treasurer shall determine in a certificate the appropriations the treasurer considers necessary for the next fiscal year for payment of the interest on securities issued or to be issued by the Community, for repayment or redemption of such securities and for the requirements of their sinking funds and any other charge related to the debt of the Community, except however, the amounts required in principal, interest and accessories in relation to the issue of treasury bills, loans contracted in anticipation of revenue and renewable loans falling due during the fiscal year covered by the budget. The treasurer shall also determine in the certificate the appropriations necessary to meet, during the next fiscal year, the obligations undertaken by the Community during previous fiscal years. The treasurer may amend the certificate until 31 December preceding the fiscal year to which it applies if the appropriations mentioned therein have not been adopted by the council. The treasurer shall file the certificate and any amendment in the office of the secretary. The secretary shall notify the council of the filing at the first sitting held after the filing.

The treasurer shall also include in the certificate referred to in the second paragraph the appropriations necessary during the next fiscal year to pay the obligations of the Community under collective agreements or its by-laws or under legislative or regulatory provisions adopted by the Gouvernment du Québec or the Government of Canada or any of its ministers or bodies.

The amounts shown in the certificate shall be included in the budget of the Community for the fiscal year covered by the budget.

The budget shall also appropriate an amount of at least 1% of the expenses of the Community to cover expenditures not provided for in its budget, the settlement of claims and the payment entailed by court sentences.

2000, c. 34, s. 165; 2000, c. 56, s. 54.

166. (Repealed).

2000, c. 34, s. 166; 2000, c. 56, s. 55.

167. The budget of the Community shall be submitted to the council not later than 15 November, at a special meeting convened for that purpose.

The meeting shall be adjourned as often as necessary and shall not be closed until the budget has been adopted. If there is no quorum, the meeting shall be automatically adjourned to 8:00 p.m. on the following juridical day.

The council may, on its own initiative, amend the budget.

The council is not bound to adopt simultaneously all the appropriations of the budget and thus may adopt an appropriation separately.

The council may also, before 1 January, adopt temporarily, for a period of three months, 1/4 of an appropriation provided for in the budget. The same applies before each period beginning on 1 April, 1 July and 1 October. The council may thus adopt at the same time

(1)  3/4 of an appropriation if it does so before 1 April; and

(2)  2/4 of an appropriation, if it does so before 1 July.

If, on 1 January, the budget of the Community has not been adopted, 1/4 of each appropriation provided for in the budget of the preceding fiscal year, with the exception of the appropriations mentioned in the seventh paragraph, is deemed to be adopted and shall come into force. The same applies on 1 April, 1 July and 1 October if on each of those dates the budget has not been adopted.

The presumption of adoption and the coming into force provided for in the sixth paragraph do not apply to the appropriations provided for in the budget for the preceding fiscal year which correspond

(1)  to those mentioned in the certificate of the treasurer referred to in section 165;

(2)  to those then adopted separately under the fourth paragraph; and

(3)  to those 1/4 of which have then been adopted under the fifth paragraph for the same period of three months.

In the hypothesis mentioned in the sixth paragraph, the appropriations mentioned in the certificate of the treasurer referred to in section 165 and included in the budget under study are deemed to be adopted on 1 January and shall then come into force.

The adoption, after 1 January, of the budget or one of its appropriations in accordance with the fourth paragraph is retroactive to that date. The same rule applies to the by-laws and resolutions arising therefrom.

A certified true copy of the budget of the Community shall be transmitted to the Minister within 30 days of its adoption.

The Minister may order that the budget be transmitted by means of a form furnished by the Minister for that purpose.

2000, c. 34, s. 167; 2000, c. 56, s. 56.

196. The Community may, by resolution, order temporary loans for the payment of current administration expenses and contract them on the conditions and for the term it determines.

The Community may also contract loans under the first paragraph for the payment of the expenses made under a loan by-law.

2000, c. 34, s. 196.

CHAPTER VII MISCELLANEOUS PROVISIONS

234. If any appointment or designation under this Act has not been made within the time prescribed, or within a time that the Minister considers reasonable, it may be made by the Minister without the Minister being required to select the person appointed or designated from among the persons eligible; however, with the permission of the Minister, the appointment or designation may be made even after the expiry of the time, by the persons to whom this Act assigns such duty.

2000, c. 34, s. 234.

237. The Minister of Municipal Affairs and Greater Montréal is responsible for the administration of this Act.

2000, c. 34, s. 237.

Not in force

238. Section 264.1 of the Act respecting land use planning and development (chapter A-19.1) is repealed.

2000, c. 34, s. 238.

TRANSITIONAL AND FINAL PROVISIONS

263. The Communauté urbaine de Montréal and any regional county municipality all or part of the territory of which is situated within the territory of the Communauté métropolitaine de Montréal shall, not later than 15 August 2000, transmit to the Communauté métropolitaine de Montréal a plan describing the organization of their respective services and specifying the number of staff members employed to manage the services.

The information in the plan must describe the situation that prevailed on 11 May 2000.

2000, c. 34, s. 263.

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

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

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

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

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

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

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

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

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

2000, c. 56, s. 68.

265.2. The Community and a regional county municipality referred to in section 265.1 may, before a document referred to in the second paragraph of that section becomes effective in respect of an officer or employee, enter into an agreement with a view to sharing the services of the officer or employee.

If the agreement contains the particulars mentioned in the third paragraph of section 265.1, it may specify the date on which the officer or employee shall become an officer or employee of the Community in accordance with the fourth paragraph of that section.

2000, c. 56, s. 68.

266. The roll of every local municipality whose territory is situated within the territory of the Community must contain the entries referred to in section 57.1 of the Act respecting municipal taxation (chapter F‐2.1).

Every assessor is required to make those entries in any roll that comes into force after 16 June 2000.

In the case of a roll filed before 16 June 2000 and in force on 1 January 2001, the assessor is required to alter the roll not later than 1 September 2001 to make such entries, as if it were an updating provided for in paragraph 13.1 of section 174 of the Act respecting municipal taxation or, if the entries are used only for the purpose of establishing the aliquot shares of the local municipality in the expenses of the Community, by means of a global certificate for all the alterations.

Where the assessor alters the roll by means of a global certificate, the clerk or the secretary-treasurer of the local municipality is not required to send the notices of alteration, and no application for review may be filed nor any action to quash or set aside be brought with regard to those entries.

2000, c. 34, s. 266.

267. The budget of the Community shall, for the fiscal year ending on 31 December 2001, be submitted to the council, in accordance with section 167, not later than 1 April 2001.

Sections 161 to 165 and 167 apply, with the necessary modifications, to the budget ; in particular, the dates of 1 November and 30 September referred to in section 165 are replaced by the dates of 15 March and 15 February.

2000, c. 34, s. 267; 2000, c. 56, s. 70.

267.1. The fiscal year of the Community ending on 31 December 2001 comprises the period that began on 16 June 2000 and that ends on 31 December 2000.

2000, c. 56, s. 71.

268. The functions of the secretary of the Community shall, until the Community appoints its secretary, be exercised by such person as the Minister may appoint.

The person appointed under the first paragraph shall convene the members to the first meeting of the council of the Community, at the time and place specified in the notice of meeting sent to each member at least seven days before the meeting is to be held, and shall give public notice of the holding of the meeting within the same time in a newspaper circulating in the territory of the Community. At that first meeting, the council shall establish the schedule of its meetings for the year 2001.

2000, c. 34, s. 268.

271. (Omitted).

2000, c. 34, s. 271; 2000, c. 56, ss. 74, 75.

SCHEDULE I

(Section 2)

MUNICIPALITIES WHOSE TERRITORIES ARE WITHIN THE TERRITORY OF THE COMMUNITY

Ville d’Anjou, Ville de Baie-d’Urfé, Ville de Beaconsfield, Ville de Beauharnois, Ville de Beloeil, Ville de Blainville, Ville de Boisbriand, Ville de Bois-des-Filion, Ville de Boucherville, Ville de Brossard, Paroisse de Calixa-Lavallée, Ville de Candiac, Ville de Carignan, Ville de Chambly, Ville de Charlemagne, Ville de Châteauguay, Ville de Contrecoeur, Cité de Côte-Saint-Luc, Ville de Delson, Ville de Deux-Montagnes, Ville de Dollard-des-Ormeaux, Cité de Dorval, Ville de Greenfield Park, Ville de Hampstead, Ville de Hudson, Ville de Kirkland, Ville de L’Assomption, Ville de L’Île-Bizard, Ville de L’Île-Cadieux, Ville de L’Île-Dorval, Ville de L’Île-Perrot, Ville de La Plaine, Ville de La Prairie, Ville de Lachenaie, Ville de Lachine, Ville de LaSalle, Ville de Laval, Ville de Le Gardeur, Ville de LeMoyne, Ville de Léry, Municipalité des Cèdres, Ville de Longueuil, Ville de Lorraine, Ville de Maple Grove, Ville de Mascouche, Municipalité de McMasterville, Village de Melocheville, Ville de Mercier, Ville de Mirabel, Ville de Montréal, Ville de Montréal-Est, Ville de Montréal-Nord, Ville de Montréal-Ouest, Ville de Mont-Royal, Ville de Mont-Saint-Hilaire, Municipalité de Notre-Dame-de-l’Île-Perrot, Municipalité d’Oka, Ville d’Otterburn Park, Ville d’Outremont, Ville de Pierrefonds, Ville de Pincourt, Municipalité de Pointe-Calumet, Ville de Pointe-Claire, Village de Pointe-des-Cascades, Ville de Repentigny, Ville de Richelieu, Ville de Rosemère, Ville de Roxboro, Municipalité de Saint-Amable, Ville de Saint-Basile-le-Grand, Ville de Saint-Bruno-de-Montarville, Ville de Saint-Constant, Ville de Sainte-Anne-de-Bellevue, Ville de Sainte-Anne-des-Plaines, Ville de Sainte-Catherine, Ville de Sainte-Geneviève, Ville de Sainte-Julie, Ville de Sainte-Marthe-sur-le-Lac, Ville de Sainte-Thérèse, Ville de Saint-Eustache, Ville de Saint-Hubert, Paroisse de Saint-Isidore, Municipalité de Saint-Joseph-du-Lac, Ville de Saint-Lambert, Ville de Saint-Laurent, Paroisse de Saint-Lazare, Ville de Saint-Léonard, Municipalité de Saint-Mathias-sur-Richelieu, Municipalité de Saint-Mathieu, Municipalité de Saint-Mathieu-de-Beloeil, Municipalité de Saint-Philippe, Paroisse de Saint-Sulpice, Village de Senneville, Municipalité de Terrasse-Vaudreuil, Ville de Terrebonne, Ville de Varennes, Ville de Vaudreuil-Dorion, Village de Vaudreuil-sur-le-Lac, Ville de Verchères, Ville de Verdun, Ville de Westmount.

2000, c. 34, Schedule I; 2000, c. 56, s. 76.

SCHEDULE II

(Section 4, paragraph 4)

SUBURBAN MUNICIPALITIES ON THE ISLAND OF MONTRÉAL

Ville d’Anjou, Ville de Baie-d’Urfé, Ville de Beaconsfield, Cité de Côte-Saint-Luc, Ville de Dollard-des-Ormeaux, Cité de Dorval, Ville de Hampstead, Ville de Kirkland, Ville de Lachine, Ville de LaSalle, Ville de L’Île-Bizard, Ville de L’Île-Dorval, Ville de Montréal-Est, Ville de Montréal-Nord, Ville de Montréal-Ouest, Ville de Mont-Royal, Ville d’Outremont, Ville de Pierrefonds, Ville de Pointe-Claire, Ville de Roxboro, Ville de Sainte-Anne-de-Bellevue, Ville de Sainte-Geneviève, Ville de Saint-Laurent, Ville de Saint-Léonard, Village de Senneville, Ville de Verdun, Ville de Westmount.

2000, c. 34, Schedule II.

SCHEDULE III

(Section 4, paragraph 5)

REGIONAL COUNTY MUNICIPALITIES ON THE NORTH SHORE AND TO THE NORTH OF MONTRÉAL

Ville de Mirabel, Municipalité régionale de comté de Thérèse-De Blainville, Municipalité régionale de comté de Deux-Montagnes, Municipalité régionale de comté des Moulins and Municipalité régionale de comté de L’Assomption.

2000, c. 34, Schedule III; 2000, c. 56, s. 79.

SCHEDULE IV

(Section 4, paragraph 6)

REGIONAL COUNTY MUNICIPALITIES ON THE SOUTH SHORE AND TO THE SOUTH OF MONTRÉAL

Municipalité régionale de comté de Champlain, Municipalité régionale de comté de Roussillon, Municipalité régionale de comté de Lajemmerais, Municipalité régionale de comté de La Vallée-du-Richelieu, Municipalité régionale de comté de Vaudreuil-Soulanges, Municipalité régionale de comté de Rouville and Municipalité régionale de comté de Beauharnois-Salaberry.

2000, c. 34, Schedule IV.