C-37.1 - Act respecting the Communauté urbaine de l’Outaouais

À jour au 1^er septembre 2000

Ce document a valeur officielle.

chapter C-37.1

Act respecting the Communauté urbaine de l’Outaouais

1990, c. 85, s. 1.

TITLE I COMMUNAUTÉ URBAINE DE L’OUTAOUAIS

1990, c. 85, s. 2.

DIVISION I DEFINITIONS

1. In this Act,

“Council” means the council of the Communauté urbaine de l’Outaouais;

“Minister” means the Minister of Municipal Affairs and Greater Montréal.

1969, c. 85, s. 1; 1975, c. 90, s. 1; 1977, c. 5, s. 14; 1983, c. 29, s. 1; 1990, c. 85, s. 3; 1999, c. 43, s. 13.

DIVISION II CONSTITUTION OF THE COMMUNITY

2. A legal person in the public interest, consisting of the municipalities listed in Schedule A and the inhabitants and taxpayers of their territories, is hereby established under the name of “Communauté urbaine de l’Outaouais”.

The territory of the Community consists of the territories of the municipalities listed in Schedule A.

1969, c. 85, s. 2; 1977, c. 5, s. 14; 1990, c. 85, s. 4; 1999, c. 40, s. 67.

3. (Repealed).

1969, c. 85, s. 3; 1999, c. 40, s. 67.

4. The head office of the Community shall be situated within its territory, at the place determined by the Community.

After establishing or changing the location of its head office, the Community shall have a notice of the location published in a newspaper circulated in its territory.

1969, c. 85, s. 4; 1990, c. 85, s. 5; 1999, c. 40, s. 67.

5. The powers of the Community shall be exercised by the Council, which shall represent the Community and administer the affairs thereof.

1969, c. 85, s. 6; 1975, c. 90, s. 3.

DIVISION III COUNCIL

§ 1 . — Composition

6. The Council is composed of 11 members: a chairman elected in accordance with section 7 and two representatives of each municipality whose territory is included in that of the Community.

The representatives of each municipality are the mayor and a councillor designated by the council of the municipality.

However, if either of these persons holds the office of chairman of the Council, he shall be replaced in his capacity as representative of the municipality in accordance with section 7.1.

1969, c. 85, s. 39; 1974, c. 88, s. 28; 1975, c. 90, s. 5; 1979, c. 95, s. 31; 1983, c. 29, s. 2; 1988, c. 72, s. 20; 1990, c. 85, s. 6.

7. The chairman of the Council is elected by and from among the members referred to in the second paragraph of section 6.

The election is held by secret ballot at a meeting called by the secretary of the Community, on his own initiative or at the request of one of the members; sections 25 and 25.1 apply, adapted as required, to the meeting. Each member participating in the election has one vote.

The secretary shall preside at the meeting and establish the nomination and voting procedure. He shall declare elected the person who is the only candidate or who obtains at least six votes. He shall hold as many ballots as are necessary to elect a chairman; he may, at the beginning of the meeting, establish rules according to which the number of candidates diminishes with each ballot.

However, at the beginning of the meeting, the members may, by a simple majority of the votes cast, determine the circumstances in which a drawing of lots, rather than another ballot, will be held in the case of a tie vote following a ballot. If such circumstances arise, the secretary shall establish the procedure for the drawing of lots, hold the draw and declare elected as chairman the person who is favoured by the drawing of lots.

1979, c. 95, s. 31; 1983, c. 29, s. 2; 1990, c. 85, s. 6; 1996, c. 52, s. 1.

7.1. The person elected as chairman shall cease to represent, on the Council, the municipality of which he is the mayor or a councillor.

During his term of office as chairman, he shall be replaced in his capacity as representative of that municipality by a councillor designated by the council of the municipality. The designation may be made in advance.

No designation of a councillor made pursuant to the second paragraph of section 6 may be revoked while the councillor holds office as chairman; it lapses, however, if he becomes mayor during his term as chairman.

1990, c. 85, s. 6.

7.2. Before the first meeting of the Council which the councillor of each municipality designated under the second paragraph of section 6 or the second paragraph of section 7.1 must attend, the clerk of a municipality whose territory is included in that of the Community must transmit to the Community a certified copy of the resolution designating the councillor.

For the purposes of the first paragraph, the meeting at which the chairman is elected shall be regarded as a meeting of the Council.

1990, c. 85, s. 6.

7.3. A special meeting of the Council may be held immediately after the chairman is elected if, at least ten days prior to the meeting at which the election was held, each municipality whose territory is included in that of the Community has designated in advance the councillor intended to replace the chairman in his capacity as representative of the municipality and transmitted to the Community a certified copy of the resolution designating the councillor.

The secretary of the Community must send the notice of the meeting to the councillors referred to in the first paragraph and to the members of the Council referred to in the second paragraph of section 6.

1990, c. 85, s. 6.

8. If a member of the Council, other than the chairman, is absent or unable to act, or if the office of a member is vacant, the council of the municipality shall designate another of its members as representative, and the clerk shall transmit to the Community a certified copy of the resolution designating the representative before the first meeting the representative must attend; the designation is valid for the duration of such absence, inability to act or vacancy, and until it is revoked by the council of the municipality, provided the designated person remains a member of that council.

The council of the municipality may, at any time, designate in advance one of its members to provisionally replace either of the representatives of the municipality under the circumstances mentioned in the first paragraph.

If the replacement referred to in the second paragraph is absent or unable to act at a time when he should be replacing the representative, the representative shall be replaced by a member of the council of the municipality designated in accordance with the first paragraph for as long as both the representative and the replacement are absent or unable to act, or the office of representative is vacant.

Where the person replaced is a councillor, the resolution designating his replacement must specify that the replacement is provisional, failing which the replacement terminates the term of office of the person replaced as member of the Council.

1979, c. 95, s. 31; 1983, c. 29, s. 2; 1990, c. 85, s. 7.

9. The term of office of a member of the Council is for an indefinite period.

A mayor ceases to be a member of the Council upon ceasing to be a mayor.

A councillor ceases to be a member of the Council upon being replaced, other than provisionally, in his capacity as representative of the municipality which designated him, upon ceasing to be a member of the council thereof, or upon his resignation as member of the Council. Moreover, a councillor referred to in the second paragraph of section 7.1 ceases to be a member of the Council upon termination of the term of office of the chairman.

1979, c. 95, s. 31; 1983, c. 29, s. 2; 1990, c. 85, s. 8.

10. The term of office of the chairman, in such capacity, is four years. It terminates upon his resignation as chairman or upon his ceasing to be a member of the Council.

1979, c. 95, s. 31; 1983, c. 29, s. 2; 1988, c. 72, s. 21; 1990, c. 85, s. 8.

11. A resignation under section 9 or 10 takes effect on the date on which the secretary of the Community receives a writing to that effect signed by the person resigning.

1979, c. 95, s. 31; 1983, c. 29, s. 2; 1987, c. 57, s. 775; 1989, c. 56, s. 9; 1990, c. 85, s. 8.

12. Within 30 days from the date on which the office of chairman becomes vacant, an election to elect the chairman must be held in accordance with section 7.

If there is a vacancy on the Council with respect to the members referred to in the second paragraph of section 6 when the office of chairman becomes vacant, or if such a vacancy occurs before the office of chairman is filled, the election of the chairman must be held within the 30 days following the day on which the vacancy in the office of a member of the Council is filled.

For the purposes of the second paragraph, the absence or inability to act of a member of the Council referred to in the second paragraph of section 6 shall be regarded as a vacancy and such vacancy shall be considered to be filled when the absence or inability to act of the member ceases.

1979, c. 95, s. 31; 1983, c. 29, s. 2; 1990, c. 85, s. 8; 1999, c. 40, s. 67.

13. If the term of office of the person holding the office of chairman expires or terminates as a result of the expiration of his term of office as member of the council of a municipality, that person may continue to act as chairman until his re-election or the election of his successor, unless he is prevented by law from attending meetings of the Council.

1979, c. 95, s. 31; 1983, c. 29, s. 2; 1990, c. 85, s. 8.

14. (Replaced).

1979, c. 95, s. 31; 1983, c. 29, s. 2; 1990, c. 85, s. 8.

15. (Replaced).

1979, c. 95, s. 31; 1983, c. 29, s. 2; 1990, c. 85, s. 8.

16. (Repealed).

1979, c. 95, s. 31; 1983, c. 29, s. 2; 1990, c. 85, s. 9.

17. (Repealed).

1979, c. 95, s. 31; 1983, c. 29, s. 2; 1990, c. 85, s. 9.

18. The chairman of the Council shall direct the affairs and activities of the Community and its officers and employees, over whom he has a right of supervision and control. He shall see that this Act and the by-laws of the Community are observed and that the decisions taken by resolution of the Council are carried out. He acts as the representative of the Community.

1979, c. 95, s. 31; 1983, c. 29, s. 2.

19. The chairman of the Council shall preside over the meetings of the Council. He shall maintain order and decorum at meetings, and may cause any person who disturbs order at a meeting to be expelled.

1969, c. 85, s. 40; 1975, c. 90, s. 6; 1983, c. 29, s. 2.

20. If the chairman is absent or unable to act or if the office of chairman is vacant and the person who last held that office does not continue to act as chairman until his re-election or the election of his successor, the members present at a meeting of the Council shall designate one of their number to preside over the meeting and to temporarily hold the office of chairman.

The Council may, at any time, designate one of its members in advance as a temporary replacement for the chairman in the circumstances mentioned in the first paragraph. The Council may give that person the title of vice-chairman.

If the replacement referred to in the second paragraph is absent or unable to act at a time when he should be replacing the chairman, the chairman shall be replaced by a member of the Council designated in accordance with the first paragraph for as long as both the chairman and the replacement are absent or unable to act, or the office of chairman is vacant.

The replacement of the chairman remains a representative of the municipality on whose council he is a member and retains the number of votes granted to him in such capacity by section 33.

1975, c. 90, s. 6; 1983, c. 29, s. 2; 1990, c. 85, s. 10.

21. Within the first fifteen days of his term of office, every member of the Council shall inform the secretary of the Community in writing of the address in the territory of the Community at which all official communications of the Community are to be sent to him. He may in the same manner change such address.

1969, c. 85, s. 41.

§ 2 . — Meetings

21.1. The Council may hold its meetings anywhere in the territory of the Community.

1990, c. 85, s. 11.

22. The Council shall hold at least 10 regular meetings per calendar year.

It shall determine, by by-law, the days on which they are held and the time at which they begin.

1969, c. 85, s. 42; 1975, c. 90, s. 7; 1990, c. 85, s. 12; 1996, c. 52, s. 2.

23. The agenda paper for each regular meeting of the Council must be prepared by the secretary of the Community and include the matters referred to him in due time, or according to the internal management by-laws of the Council, by

(1)  the chairman,

(2)  a committee of the Council, or

(3)  a group composed of not fewer than three members of the Council.

The agenda paper for a regular meeting of the Council must also include any matter required by law to be discussed at the meeting.

1969, c. 85, s. 43; 1975, c. 90, s. 8; 1983, c. 29, s. 3.

24. The special meetings of the Council are called by the secretary of the Community upon the request of the chairman of the Council, or any committee of the Council or upon the written request of not fewer than three members of the Council. The notice of convocation must mention the matters to be discussed, according to the request, and stands in lieu of the agenda.

At a special meeting of the Council, and at any adjournment of such meeting, only the business specified in the notice of convocation shall be considered.

1969, c. 85, s. 44; 1975, c. 90, s. 9, s. 31; 1983, c. 29, s. 4.

25. The notice of convocation for a special meeting shall be sent by the secretary of the Community and delivered by an officer of the Community or a peace officer to each member of the Council, at least 36 hours or, in exceptional circumstances, 24 hours before the time fixed for the opening of the meeting. The notice may also be sent by facsimile transmission, within the prescribed time, to each member of the Council.

1969, c. 85, s. 45; 1975, c. 90, s. 10; 1996, c. 52, s. 3.

25.1. The secretary shall publish prior notice of the holding of each meeting of the Council in a newspaper circulated in the territory of the Community.

The first paragraph does not apply in the case of a special meeting for which the notice of convocation is prepared less than 36 hours before the time fixed for the opening of the meeting.

1983, c. 29, s. 5; 1996, c. 52, s. 4.

26. Whenever the business submitted at a meeting could not be entirely disposed of on the first day, the Council must adjourn to a subsequent date which must not be later than the eighth day following the date of such meeting.

When, at twenty-four hours, the Council itself has not decided as to the adjournment, the sitting shall be automatically suspended from such time, except for the purposes of fixing the date of adjournment, and if the Council fails to fix a date of adjournment before one hour, the meeting shall automatically be adjourned to the next following juridical day, at nineteen thirty.

For the purposes of this section, Saturday is a non-juridical day.

1969, c. 85, s. 46; 1990, c. 85, s. 15; 1999, c. 40, s. 67.

27. The meetings of the Council shall be open to the public.

Every meeting on the Council must include a period in which the persons attending may put oral questions to the members of the Council.

1969, c. 85, s. 47; 1975, c. 90, s. 11; 1983, c. 29, s. 6.

28. The Council may make by-laws respecting its administration and internal management.

The by-laws may, in particular, prescribe the length and time of the question period at meetings of the Council, and the procedure to put a question.

1975, c. 90, s. 11; 1983, c. 29, s. 6.

29. (Replaced).

1975, c. 90, s. 11; 1983, c. 29, s. 6.

30. (Replaced).

1975, c. 90, s. 11; 1983, c. 29, s. 6.

31. (Replaced).

1975, c. 90, s. 11; 1983, c. 29, s. 6.

32. A majority of the members shall constitute a quorum at sittings of the Council.

1969, c. 85, s. 48.

33. Each representative of a municipality has one vote on the Council; except for the election of the chairman, each representative has, where applicable, an additional vote for every 15 000 inhabitants of the municipality he represents. However, representatives of the city of Gatineau, the city of Hull or the town of Aylmer cannot have less than 6, 5 and 3 votes, respectively.

The chairman has no vote.

1969, c. 85, s. 49; 1974, c. 88, s. 29; 1975, c. 90, s. 12; 1990, c. 85, s. 16.

34. The decisions of the Council are taken by a simple majority of the votes cast except where a greater number of votes in favour is required under a provision of this Act.

1969, c. 85, s. 50; 1974, c. 88, s. 30; 1975, c. 90, s. 13; 1983, c. 29, s. 7; 1990, c. 85, s. 17.

34.1. Every by-law of the Council, other than those on which only the members contemplated in section 34.2 may vote, is made by a two-thirds majority of the votes cast.

1983, c. 29, s. 7.

34.2. For the purposes of the exercise by the Community of its jurisdiction in a matter referred to in section 84, or a competence conferred on it by the Act respecting municipal taxation (chapter F-2.1), the members of the Council who represent the municipalities required to contribute to the expenses incurred by the Community in the exercise of such competence may vote.

1983, c. 29, s. 7; 1990, c. 85, s. 18.

34.3. Every extension of any Community service to the unserved territory of a municipality listed in Schedule A requires the agreement of the council of that municipality.

1983, c. 29, s. 7; 1996, c. 2, s. 477.

35. Subject to sections 34.2 and 87.2, every member of the Council other than the chairman who attends a meeting must vote, unless he is prevented from doing so by reason of his interest in the matter concerned under the Act respecting elections and referendums in municipalities (chapter E-2.2).

1969, c. 85, s. 51; 1975, c. 90, s. 14; 1983, c. 29, s. 8; 1987, c. 57, s. 776; 1990, c. 85, s. 19.

36. The Council may, by by-law, fix the remuneration or indemnity of its members. It may also, in the same by-law, fix any additional remuneration or indemnity for members of the Council and the remuneration and indemnity of the chairman of the Council, the chairman of a committee or another member of a committee.

An indemnity is paid as reimbursement for the part of the expenses attached to the office which are not reimbursed pursuant to sections 36.1 to 36.3. The indemnity shall not exceed one half of the remuneration.

The by-law may have retroactive effect from 1 January of the year in which it comes into force.

1969, c. 85, s. 52; 1975, c. 90, s. 15; 1983, c. 29, s. 9; 1990, c. 85, s. 20.

36.0.1. The Council may, by by-law, where the remplacement of its chairman under section 20 lasts for the number of days specified by the Council, provide for the payment by the Community, to the person replacing the chairman, of an additional remuneration or indemnity equal to that of the chairman for the period beginning at the time specified and ending at the same time as the replacement.

1990, c. 85, s. 20.

36.0.2. A member of the Council or a committee shall receive the remuneration or indemnity provided for him by a by-law adopted under section 36 or 36.0.1, unless the application of section 23 of the Act respecting the remuneration of elected municipal officers (chapter T-11.001) prevents him from receiving such remuneration or indemnity, or reduces the amount thereof.

1990, c. 85, s. 20.

36.0.3. The Council may, by the by-law adopted under section 36, prescribe the conditions under which the failure of a member of the Council or of a committee to attend a meeting or to fulfill his obligation to vote at a meeting entails a reduction in his remuneration or indemnity, and prescribe the rules for computing the reduction.

1995, c. 71, s. 1.

36.1. No member of the Council or a committee may, as part of his duties, perform any act involving expenses chargeable to the Community except with the prior authorization of the Council to perform the act and incur, in consequence thereof, expenses which do not exceed the amount fixed by the Council.

However, the chairman of the Council is not required to obtain prior authorization when acting in his capacity as representative of the Community.

1983, c. 29, s. 9; 1990, c. 85, s. 20.

36.1.1. A member of the Council or a committee who, as part of his duties, has incurred expenses chargeable to the Community is entitled, on presentation of a statement accompanied with the proper vouchers, to be reimbursed by the Community for the amount of the expenses, up to the maximum amount fixed in the prior authorization, where that is the case.

1990, c. 85, s. 20.

36.2. The Council may, by by-law, establish a tariff applicable where expenses chargeable to the Community are entailed by particular classes of acts performed in Québec, or within a radius of 100 kilometers from the place where the head office of the Community is located, for a purpose other than travel outside Québec or such radius, and prescribe what vouchers must be presented to prove that such an act was performed.

If such a by-law is in force, the prior authorization required by section 36.1 in respect of an act covered by the tariff is limited to the authorization to perform the act, without reference to the maximum amount of expenses allowed.

Notwithstanding section 36.1.1, a member of the Council or a commitee who, as part of his duties, has performed an act covered by the tariff in force is entitled, on presentation of a statement accompanied with the vouchers prescribed in the by-law, to receive from the Community the amount prescribed in the tariff for that act.

1983, c. 29, s. 9; 1990, c. 85, s. 20; 1999, c. 40, s. 67.

36.3. The Council may provide sufficient appropriations in the budget of the Community for the reimbursement, pursuant to section 36.1.1 or 36.2, of expenses entailed by particular classes of acts that the members of the Council or a committee may perform on behalf of the Community as part of their duties.

The prior authorization required by section 36.1 in respect of an act included in a class for which appropriations are provided in the budget is limited to the authorization to perform the act, without reference to the maximum amount of expenses allowed. In such case, the maximum amount is deemed to be the balance of the appropriations for acts of that class, after deducting all previous reimbursements, or, where applicable, the amount prescribed in the tariff for that act.

If no appropriations are available, the Council may appropriate, for the purposes of the first paragraph, all or part of the balance of the sums provided in the budget to cover emergencies; the sums so appropriated are considered to be appropriations.

1983, c. 29, s. 9; 1990, c. 85, s. 20; 1999, c. 40, s. 67.

36.3.1. Notwithstanding sections 36.2 and 36.3, the Council may fix the maximum amount of expenses allowed where it authorizes one of its members or a member of a committee to perform an act which is covered by the tariff or which is in a class for which appropriations are provided in the budget.

Section 36.1.1 applies in such case even if the act is covered by the tariff.

1990, c. 85, s. 20.

36.3.2. Sections 36.1 to 36.3.1 apply in respect of acts performed or expenses incurred while the member of the Council is representing the Community otherwise than in the course of the work of bodies of which he is a member within the Community or another municipal body, or while he is participating in any convention, seminar or other event held for the purpose of providing information or training relevant to the performance of his duties.

Those sections also apply in respect of acts performed or expenses incurred, for the purposes of meals, at a meeting of the Council or another authority of the Community or another municipal body, or at any other meeting held in connection with such a meeting, to the extent that no member of the Council or of the authority concerned was excluded from the meeting for any cause other than the member’s disqualification.

1996, c. 27, s. 110; 1997, c. 93, s. 96.

36.4. Any person appointed under section 8 to replace a member who is absent owing to its being impossible in fact for him to attend a sitting also receives the remuneration or indemnity fixed under section 36 for each day the Council sits unless he abstains from voting on a matter put to a vote on that day and on which he is required to vote.

1983, c. 29, s. 9; 1990, c. 85, s. 21; 1995, c. 71, s. 2.

37. (Repealed).

1969, c. 85, s. 53; 1995, c. 71, s. 3.

38. The minutes of the votes and proceedings of the Council must be entered in a book kept for such purpose by the secretary of the Community. They must be signed by the member of the Council who presided over the meeting and by the secretary.

The minutes of a meeting must be read at a subsequent meeting, unless a copy of them has been given to each member of the Council not later than at the convening of the latter meeting. They must be approved by the Council at the latter meeting.

1969, c. 85, s. 54; 1983, c. 29, s. 10.

§ 3 . — By-laws

39. A copy of every draft by-law shall be sent with the notice of convocation of the meeting at which it is to be considered.

However, where the study of the draft by-law is postponed until a subsequent meeting, a copy thereof is not required to be attached to the notice of convocation of the meeting.

1969, c. 85, s. 56; 1975, c. 90, s. 17; 1983, c. 29, s. 11.

40. To be authentic, the original of a by-law shall be signed by the chairman of the Council, and by the secretary.

1969, c. 85, s. 57.

40.1. In no case where this Act or any other general law or special Act provides that a by-law must receive an approval may the by-law be published or come into force until it has received that approval.

In such a case, a certificate signed by the chairman of the council and the secretary, attesting the date of each of the required approvals, must accompany and forms part of the original of such by-law.

1982, c. 63, s. 150.

41. 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. Such approval may be replaced by an authorization.

Such approval may be of a part only, or qualified.

1969, c. 85, s. 58; 1977, c. 5, s. 14; 1982, c. 63, s. 151.

42. The original of every by-law shall be registered at length in a special book entitled: “Book of the by-laws of the Communauté urbaine de l’Outaouais”.

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

The secretary shall be the custodian of the by-laws of the Community.

1969, c. 85, s. 59; 1977, c. 5, s. 14; 1990, c. 85, s. 23.

43. Several subject-matters may be provided for in one and the same by-law.

Where several subject-matters provided for in one and the same by-law require certain approvals before coming into force, it shall not be necessary that each of such subject-matters receive such approvals separately and it shall be sufficient that they be given to the by-law as a whole.

1969, c. 85, s. 60.

44. Except where otherwise provided by law, every by-law of the Community shall come into effect and have force of law, if not otherwise provided for therein, on the day of the publication thereof.

1969, c. 85, s. 61.

45. Every by-law shall be published, after the passing thereof or its final approval in the case where it has been submitted to one or several approvals, under the signature of the secretary, by being posted up at the office of the Community and by one insertion in a French language daily newspaper and in an English language daily newspaper circulating in the territory of the Community, of a notice 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 shall mention the date of each of these approvals.

1969, c. 85, s. 62.

46. Every by-law shall be executory and remain in force until replaced, repealed or annulled by competent authority, or until the expiry of the period for which it has been passed.

1969, c. 85, s. 63; 1982, c. 63, s. 152.

47. No by-law which, before coming into force, was submitted to one or several approvals, may be amended or repealed except by another by-law approved in the same manner.

1969, c. 85, s. 64.

48. Every by-law passed by the Community shall, when promulgated, be considered public law, and it shall not be necessary to allege it specially.

1969, c. 85, s. 65; 1999, c. 40, s. 67.

49. Every copy of a by-law shall constitute proof of its contents provided that it is certified by the secretary or the person in charge of access to documents of the Community and sealed with the seal of the Community, without any proof being necessary of the validity of the seal, or the signature of the secretary or the person in charge, saving the right of any party attacking the by-law to proceed against the same by improbation.

1969, c. 85, s. 66; 1987, c. 68, s. 51; 1999, c. 40, s. 67.

50. The Community may prescribe a fine of not more than $500 for each offence against any of the provisions of a by-law.

In the case of a second conviction, the Community may prescribe a fine of $100 to $500 and, for any subsequent conviction, a fine of $500 to $1 000.

1969, c. 85, s. 67; 1990, c. 4, s. 277.

51. Any person entered on the property assessment roll or the roll of rental values of a municipality whose territory is included in that of the Community, and any such municipality and any other person concerned may, by motion, apply for and obtain, on the ground of illegality, the quashing of any by-law or part of a by-law of the Community, with costs against the Community.

Such recourse shall not exclude nor affect that permitted by article 33 of the Code of Civil Procedure (chapter C‐25).

1969, c. 85, s. 68; 1988, c. 21, s. 66; 1996, c. 2, s. 478; 1999, c. 40, s. 67.

52. The motion shall set forth, in a clear and precise manner, the reasons alleged in support of the application, and shall be accompanied by a certified copy of the by-law impugned, if such copy could be obtained.

If such copy could not be obtained, the court of competent jurisdiction or a judge of that court, upon application, shall order the production thereof by the secretary of the Community, and such officer shall for such purposes be deemed to be an officer of the court.

1969, c. 85, s. 69; 1988, c. 21, s. 66; 1996, c. 2, s. 479.

53. The motion shall be served upon the secretary of the Community, four days at least before it is presented to the court.

1969, c. 85, s. 70.

54. Before service of the motion, the applicant shall give security for costs in the usual manner; otherwise such motion shall not be received by the court.

1969, c. 85, s. 71.

55. The court or the judge may, if it or he deems it expedient, allow the motion to be answered in writing.

1969, c. 85, s. 72.

56. (1)  The court may quash such by-law in whole or in part and order the service of such judgment upon the secretary of the Community, and order the same to be published in whole or in part in one or more French language or English language daily newspapers circulating in the territory of the Community.

(2)  Every by-law or part of a by-law so quashed shall cease to be in force from the date of the judgment.

1969, c. 85, s. 73.

57. The court may condemn either of the parties to pay the costs of the contestation, and such costs may be recovered from them and from the sureties.

The judgment, as far as the costs are concerned, shall be executory against the sureties, thirty days after a copy thereof has been served upon them.

1969, c. 85, s. 74.

58. The Community shall alone be responsible for any damage or suits which may arise from the putting into force of any by-law or part of a by-law the quashing of which has been so obtained.

1969, c. 85, s. 75; 1999, c. 40, s. 67.

59. The right to apply for the quashing of a by-law shall be prescribed by three months from the coming into force of such by-law.

1969, c. 85, s. 76.

60. There shall be no appeal from interlocutory judgments rendered in an action to quash a by-law; they may be revised at the same time as the final judgment if an appeal is brought from the latter.

1969, c. 85, s. 77.

61. (Repealed).

1969, c. 85, s. 78; 1982, c. 63, s. 153.

62. Any procès-verbal, resolution and other order of the Community may be set aside by reason of illegality, in the same manner, within the same time and with the same effect as a by-law of the Community.

1969, c. 85, s. 79; 1979, c. 72, s. 432; 1988, c. 21, s. 66; 1996, c. 2, s. 480; 1999, c. 40, s. 67.

§ 4 . — Committees of the Council

63. The following standing committees of the Council are established:

(1)  the planning committee;

(2)  the environment quality committee;

(3)  the valuation and finance committee.

1969, c. 85, s. 80; 1975, c. 90, s. 18, s. 31; 1983, c. 29, s. 12.

63.1. Each committee is composed of such number of members as may be determined by the Council.

The chairman of the Council is a member ex officio of each committee.

1983, c. 29, s. 12.

63.2. The members of a committee, other than the chairman of the Council, are appointed by the Council from among the members of the council of each municipality whose territory is included in that of the Community.

The Council shall appoint the chairman of a committee from among its members referred to in the first paragraph.

1983, c. 29, s. 12; 1990, c. 85, s. 24.

63.3. The term of office of a member of a committee, other than the chairman of the Council, is for an indefinite period.

Such a member ceases to be a member of the committee upon being replaced, upon ceasing to be a member of the municipal council or upon his resignation as member of the committee.

The chairman of a committee ceases to hold that office upon ceasing to be a member of the committee, upon being replaced as chairman or upon his resignation as chairman.

A resignation under the second or third paragraph takes effect on the date on which the secretary of the Community receives a writing to that effect signed by the person resigning.

1983, c. 29, s. 12; 1987, c. 57, s. 777; 1989, c. 56, s. 10; 1990, c. 85, s. 25.

63.4. The function of a committee is to examine any question within its field of competence and to make such recommendations as it deems appropriate to the Council.

A committee shall carry out its function at the request of the Council or of its own motion.

1983, c. 29, s. 12.

63.5. Every sitting of a committee is a public meeting.

Every committee must hold at least four sittings during each calendar year.

The secretary of the Community shall publish prior notice of the holding of each sitting of a committee in a newspaper circulated in the territory of the Community.

Every sitting of a committee must include a period in which the persons present may put oral questions to the members of the committee.

1983, c. 29, s. 12.

63.6. The chairman of a committee shall direct its activities and preside over its sittings.

Where the chairman is absent or unable to act or where the office of chairman is vacant, the other members of the committee present at a sitting thereof shall designate one of their number to preside at the sitting.

1983, c. 29, s. 12; 1990, c. 85, s. 26.

63.7. Each member of a committee has one vote. The decisions of the committee are taken by a majority of votes.

The committee shall report on its work and decisions by means of a report signed by its chairman or the majority of its members.

The report must be sent to the Council.

1983, c. 29, s. 12; 1990, c. 85, s. 27.

63.8. No report of a committee has any effect unless it is confirmed or adopted by the Council.

1983, c. 29, s. 12.

63.9. The Council may make by-laws respecting the administration and internal management of any committee.

The Council may, in particular, in such by-law,

(1)  prescribe the length and time of the question period at sittings of a committee, and the procedure to be followed to put a question; and

(2)  require every committee to forward to it every year, at the time determined by the Council, a report of its activities for the last fiscal year.

1983, c. 29, s. 12.

64. If questions of fact arise in matters before the Council or any of its committees, which the interest of the Community requires to be investigated by the examination of witnesses on oath or otherwise, or if it also becomes necessary, in the like interest, to institute inquiries into the truth of representations which may be made to the Council respecting matters within its jurisdiction, any committee appointed by the Council to investigate the same, or to make such inquiry, or the committee before which any such question arises, may cause to be issued a summons signed by its chairman requiring any person to appear before such committee, for the purpose of giving evidence on the facts or question under inquiry, and also, if deemed expedient, to produce any papers or documents in his possession or under his control, bearing upon such question or inquiry, and described in such summons.

Every person neglecting or refusing to appear, or refusing to produce documents or to be examined as aforesaid, shall be liable to the penalties provided in section 50.

The chairman of any committee of the Council may administer the oath to the witnesses.

1969, c. 85, s. 81; 1975, c. 90, s. 31; 1986, c. 95, s. 101; 1990, c. 4, s. 278.

64.1. In addition to the committees contemplated in section 63, the Council may establish any standing or special committee.

The function of the committee is to examine any matter determined by the Council and within the competence of the Community, in any field other than those mentioned in section 63, and to make such recommendations as it deems appropriate to the Council.

Sections 63.1 to 63.3 and 63.5 to 64 apply to the committee.

1983, c. 29, s. 13; 1990, c. 85, s. 28.

DIVISION IV ADMINISTRATIVE DEPARTMENTS AND OFFICERS

65. The Council shall appoint a director general, a secretary and a treasurer. It shall also appoint, for the purposes of the exercise of the jurisdiction conferred on the Community by the Act respecting municipal taxation (chapter F-2.1), an assessor who shall be the director of the valuation department.

The appointment of the director general requires a two-thirds majority of the votes cast.

The Council, by by-law, may define such of their duties as are not defined by this act.

The Council may also appoint an assistant director general, an assistant secretary and an assistant treasurer to replace the persons whose assistants they are whenever such persons are absent or unable to act or where their positions are vacant.

No person may be appointed permanently to fill any position contemplated in this section or in section 66 if he remains a member of the Council of the Community or of the council of a municipality whose territory is included in that of the Community or an officer or employee of such a municipality.

1969, c. 85, s. 82; 1975, c. 90, s. 31; 1983, c. 29, s. 14; 1990, c. 85, s. 29.

66. The Council, by by-law, may establish the various departments of the Community, including an economic promotion department, and determine the field of their activities; it shall appoint, by resolution, the heads of such departments and define their duties.

1969, c. 85, s. 83; 1983, c. 29, s. 15.

67. The Council may engage any other officer or employee of the Community that it considers useful thereto and define his duties.

1975, c. 90, s. 19; 1990, c. 85, s. 30.

67.0.1. The Council shall establish the remuneration, benefits and other conditions of employment of the officers and employees of the Community.

1990, c. 85, s. 30.

67.1. The Council may, by by-law, prescribe administrative standards, establish an organization plan for the departments of the Community or prescribe the staffing requirements for the management of the departments. The Council may also, on the conditions it determines, delegate to the director general full or partial responsibility for applying the standards or plan, or for hiring personnel other than that contemplated in section 65 or 66. The delegation of responsibility may be made to the head of the department concerned where that head is not under the authority of the director general.

For the purposes of this division, any person appointed under any of sections 65, 66 and 68 is the head of a department.

1983, c. 29, s. 16; 1990, c. 85, s. 31; 1996, c. 52, s. 5.

68. Where any officer contemplated in sections 65 and 66 is absent or unable to act or his position is vacant, the Council may appoint a person to replace him for a maximum period of 90 days which may be renewed for another period not exceeding 90 days.

1969, c. 85, s. 84; 1975, c. 90, s. 31; 1999, c. 40, s. 67.

69. A two-thirds majority of the votes cast is required in order that the Council may remove, suspend without pay, or reduce the salary of a department head or any other officer or employee of the Community who is not an employee within the meaning of the Labour Code (chapter C-27) and who has held office for at least six months.

1969, c. 85, s. 85; 1983, c. 29, s. 17; 1983, c. 57, s. 65.

70. (Replaced).

1969, c. 85, s. 86; 1975, c. 90, s. 31; 1983, c. 29, s. 17.

71. The resolution removing a department head or any other officer or employee of the Community contemplated in section 69, or suspending him without pay or reducing his salary, must be served on him by handing a copy thereof to him in person.

The person so removed or suspended, or whose salary has been so reduced, may appeal from such decision to the Commission municipale du Québec, which shall decide finally, after inquiry.

Such appeal shall be taken within fifteen days of the service of the resolution.

1969, c. 85, s. 87; 1977, c. 5, s. 14; 1983, c. 29, s. 18; 1983, c. 57, s. 66.

72. If the appeal is upheld, the Commission may also order the Community to pay to the appellant such sum of money as it determines, to indemnify him for the expenses he has incurred for such appeal; the order to that effect shall be homologated, upon motion by the appellant to the Court of Québec, or, according to the jurisdiction involved, by the Superior Court; the appellant may thereafter execute the judgment against the Community.

1969, c. 85, s. 88; 1988, c. 21, s. 66.

72.0.1. Sections 69 to 72 do not apply to a suspension without pay unless

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

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

1983, c. 57, s. 67.

72.1. No officer or employee of the Community may, under pain of forfeiture of office, have any direct or indirect interest in an undertaking putting his personal interest in conflict with that of his department.

However, forfeiture is not incurred if such an interest devolves on him by succession or gift, provided that he renounces or disposes of it with all possible dispatch.

1983, c. 29, s. 19.

72.2. No head of a department of the Community may be prosecuted by reason of official acts done in good faith in the performance of his duties.

1983, c. 29, s. 19.

72.3. No member of the council of a municipality whose territory is included in that of the Community may hold regular or permanent employment with the Community, under pain of forfeiture of office.

If such a member holds temporary or casual employment, he shall not sit on the Council.

1983, c. 29, s. 19; 1996, c. 2, s. 506.

73. The secretary of the Community shall be the custodian of the seal and records of the Community. He shall manage the secretary’s department.

He shall attend all the meetings of the Council.

The minutes of the Council constitute proof of their contents if they are approved and signed by the member of the Council who presided over the meeting, and by the secretary.

Documents and copies emanating from the Community and forming part of its records constitute proof of their contents if they are certified true by the secretary or the person in charge of access to documents of the Community.

1969, c. 85, s. 89; 1975, c. 90, s. 20; 1983, c. 29, s. 20; 1987, c. 68, s. 52; 1999, c. 40, s. 67.

73.1. 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.

1983, c. 29, s. 21; 1987, c. 68, s. 53.

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

1983, c. 29, s. 21; 1987, c. 68, s. 54.

74. Subject to this Act, the director general has the following functions and duties:

(a)  under the authority of the Council, to manage the affairs of the Community;

(b)  as mandatary of the Council, to exercise authority over the department heads, except the secretary;

(c)  to ensure coordination between the Council and the department heads;

(d)  to transmit to the Council any correspondence sent to him by the departments of the Community;

(e)  to attend the meetings of the Council;

(f)  to have access to all the Community’s records;

(g)  to compel any officer or employee of the Community to furnish him with all information and documents which he requires;

(h)  under the authority of the Council, to ensure the carrying out of the plans and programmes of the Community;

(i)  to obtain, examine and present to the Council projects prepared by the department heads on matters requiring the approval of the Council;

(j)  to coordinate the budgetary estimates of the various departments and present them to the Council;

(k)  to satisfy himself that the money of the Community is used in accordance with the appropriations comprised in the budget, by-laws and resolutions;

(l)  to submit forthwith, to the Council, a list of accounts payable.

All communications between the Council and the officers or employees of the Community must be made through the director general or through the head of the department concerned if the latter is not under the authority of the director general.

1969, c. 85, s. 90; 1975, c. 90, s. 31; 1983, c. 29, s. 22.

75. The treasurer shall direct the treasury department.

1969, c. 85, s. 91.

DIVISION V GENERAL POWERS

76. In addition to the other powers which it has under this act, the Community may:

(a)  have a seal which it may alter at will;

(b)  appear before the courts;

(c)  bind itself and bind others towards it by observing, where necessary, the formalities prescribed by this act;

(d)  acquire by agreement, lease or use gratuitously or for a consideration, financial or otherwise, any property or any servitude;

(e)  sell, exchange, encumber, lease or alienate any property by observing, where necessary, the formalities prescribed by this Act, and, in particular, lease its central data processing system to third persons or perform, with that system, work for third persons on such conditions as it deems appropriate;

(f)  construct, own, maintain, improve and use, on its property or on that of which it has the enjoyment, any work calculated to further the exercise of its powers, and contribute to or assist in any manner in the construction, improvement or maintenance of such work;

(g)  establish and maintain or assist in the establishment and maintenance of relief or retirement funds or pension plans for its officers and employees, or for their relatives and dependent persons, and pay premiums for them, subject to the Supplemental Pension Plans Act (chapter R‐15.1) as regards retirement funds and pension plans, and with the approval of the Inspector General of Financial Institutions as regards relief funds;

(h)  make by-laws for its internal management and the conduct of its affairs;

(i)  carry out such studies as it deems necessary for the exercise of its competence whether such studies deal with its territory or with any other territory.

1969, c. 85, s. 92; 1983, c. 29, s. 23; 1989, c. 38, s. 319; 1990, c. 85, s. 32; 1999, c. 40, s. 67.

77. The Community may, in accordance with law, enter into an agreement respecting the exercise of its competence with a government, with a department of that government, with an international organization or with an agency of that government or organization or with any other public body. It may carry out the agreement and exercise the rights and fulfil the obligations arising therefrom, even outside its territory.

However, to make an agreement with any municipality of Québec, the Community shall proceed according to sections 87.1 and 87.2.

1969, c. 85, s. 93; 1983, c. 29, s. 24; 1990, c. 85, s. 33; 1996, c. 52, s. 6; 1999, c. 59, s. 19.

77.1. The Community may make an agreement for the purposes of twinning with another supramunicipal body situated in Québec or elsewhere.

1983, c. 57, s. 68.

77.2. The Community may make an agreement with the Government under which certain responsibilities, defined in the agreement, that are assigned by an Act or regulation to the Government, to a Minister or to a government body, are transferred to the Community on an experimental basis.

1995, c. 71, s. 4.

77.3. The agreement shall set out the conditions governing the exercise of the responsibility to which it applies, including the duration thereof, and, where applicable, provide for the renewal of the agreement and determine the rules relating to the financing required for its implementation.

1995, c. 71, s. 4.

77.4. The Community may join any municipality or any other urban community for the purposes of an agreement with the Government under section 77.2.

1995, c. 71, s. 4.

77.5. An agreement under section 77.2 shall prevail over any inconsistent provision of any general law or special Act or of any regulation thereunder.

1995, c. 71, s. 4.

78. The Community may acquire by expropriation any immovable, part of an immovable or any real right, within or without its territory, which it may require for the attainment of its objects.

However, in the case of an immovable, part of an immovable or any real right set apart for a public use or not susceptible of expropriation according to some general law or special Act, the prior authorization of the Government shall be required.

1969, c. 85, s. 94; 1996, c. 2, s. 481.

79. In order to expropriate, the Community shall proceed in accordance with the Expropriation Act (chapter E‐24), with the necessary modifications.

1969, c. 85, s. 95; 1973, c. 38, s. 146.

80. After the passing of a resolution by the Council ordering the expropriation of an immoveable, no permit for building, alteration or repair shall be issued by a municipality as regards such immoveable, except for urgent repairs. Such prohibition shall cease after six months from the date of the resolution unless expropriation proceedings have commenced prior to the expiry of such time.

No indemnity or damages shall be granted for buildings erected on or improvements made to an immoveable property after such resolution has been passed, provided that such resolution be followed by expropriation proceedings within the following six months. Such provision shall not apply to urgent repairs made after a permit for such purpose has been obtained.

1969, c. 85, s. 96; 1999, c. 40, s. 67.

81. The secretary of the Community shall send forthwith to each municipality concerned a certified true copy of the resolution passed under section 80 or of a by-law or resolution imposing a reserve for public purposes under the Expropriation Act (chapter E-24).

1969, c. 85, s. 98 (part); 1983, c. 29, s. 25.

82. The Community may alienate property.

The secretary shall publish every month, in a newspaper circulated in the territory of the Community, a notice describing each property of a value greater than $10 000 that was alienated by the Community during the preceding month otherwise than by auction or by public tenders. The notice shall mention the price of alienation and the identity of the purchaser.

1969, c. 85, s. 103; 1975, c. 90, s. 31; 1977, c. 5, s. 14; 1983, c. 29, s. 26; 1984, c. 38, s. 94; 1995, c. 71, s. 5; 1999, c. 40, s. 67.

82.1. The following contracts must, where they involve an expenditure of more than $20,000 for the Community, be awarded in accordance with section 82.2 or 83:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  contracts for the supply of materials or equipment, including a contract for the lease of equipment with an option to purchase;

(4)  contracts for the provision of services other than, subject to the second paragraph of section 83, professional services.

However, the first paragraph does not apply to a contract

(1)  whose object is the supply of materials or equipment or the provision of services for which a tariff is fixed or approved by the Government of Canada or Québec or by a minister or body thereof;

(2)  whose object is the supply of materials or equipment or the provision of services entered into with a municipal body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1);

(3)  whose purpose is to enable the Community to save energy, entered into for the provision of professional services as well as the performance of work or the supply of materials or equipment or the provision of non‐professional services;

(4)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and which is entered into with the owner of the mains or installations, with a municipal body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information or with a public utility for a price corresponding to the price usually charged by an undertaking generally performing such work;

(5)  whose object is the supply of software or the performance of service or maintenance work on computer or telecommunication systems, entered into with an undertaking generally operating in the field, for a price usually charged by such an undertaking for such software or such work;

(6)  whose object is the provision of services by a single supplier or by a supplier in a monopoly position in the field of communications, electricity or gas;

(7)  whose object is the maintenance of specialized equipment which must be carried out by the manufacturer or his representative;

(8)  whose object is the supply of bulk trucking services, entered into through the holder of a brokerage permit issued under the Transport Act (chapter T‐12).

A contract which, as a result of an exception provided for in subparagraph 2 or 3 of the third paragraph of section 83, is not a supply contract or a services contract for the purposes of the second paragraph of that section, is not a contract for the supply of equipment or materials or for the supply of services, as the case may be, for the purposes of subparagraphs 3 and 4 of the first paragraph of this section.

1995, c. 71, s. 6; 1997, c. 53, s. 23; 1999, c. 82, s. 22.

82.2. Any contract involving an expenditure of less than $100 000, from among the contracts to which the first paragraph of section 82.1 applies, may be awarded only after a call for tenders has been made, by way of a written invitation, to at least two insurers, contractors or suppliers, as the case may be.

1995, c. 71, s. 6.

83. Any contract involving an expenditure of $100,000 or more, from among the contracts to which the first paragraph of section 82.1 applies, may be awarded only after a call for tenders has been made, by way of an advertisement published in a newspaper circulated in the territory of the Community.

In the case of a construction, supply or services contract, the call for public tenders must be published by means of an electronic tendering system accessible both to contractors and suppliers having an establishment in Québec and to contractors and suppliers having an establishment in a province or territory covered by an intergovernmental trade liberalization agreement applicable to the Community and in a newspaper that is circulated in the territory of the Community or, if it is not circulated therein, that is a publication specialized in the field and sold mainly in Québec. In the case of a supply or services contract, the electronic tendering system to be used for the publication of the call for public tenders shall be the system approved by the Government.

For the purposes of the second paragraph,

(1)  “construction contract” means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work, including site preparation, excavation, drilling, seismic investigation, the supply of products and materials, equipment and machinery if these are included in and incidental to a construction contract, as well as the installation and repair of fixtures of a building, structure or other civil engineering work;

(2)  “supply contract” means a contract for the purchase, lease or rental of movable property that may include the cost of installing, operating and maintaining property, except a contract in respect of property related to cultural or artistic fields as well as computer software for educational purposes, and subscriptions;

(3)  “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services, except a contract in respect of services related to cultural or artistic fields that can, under an Act or a regulation, be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered accountant, advocate or notary.

The time limit for the receipt of tenders shall not be less than eight days.However, in the case of tenders in relation to a contract referred to in the second paragraph, the time limit for the receipt of tenders shall not be less than 15 days.

A call for public tenders in relation to a contract referred to in the second paragraph may stipulate that only tenders submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalisation agreement applicable to the Community will be considered. Such a call for tenders may also stipulate that the goods concerned must be produced in a territory comprising Québec and any such province or territory.

No tenders may be called for and no contract resulting therefrom be awarded except on the basis of a fixed price or on the basis of a unit price.

All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders. All those who have tendered may be present at the opening of the tenders. The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.

Subject to section 83.0.0.1, the Community shall not, without the prior authorization of the Minister, award the contract to any person other than the person who submitted the lowest tender within the prescribed time. If, however, to comply with the conditions for the making of a Government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the Community may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

1969, c. 85, s. 104; 1977, c. 80, s. 13; 1984, c. 32, s. 29; 1995, c. 34, s. 66; 1995, c. 71, s. 7; 1996, c. 27, s. 111; 1997, c. 53, s. 24; 1997, c. 93, s. 97; 1997, c. 53, s. 24; 1998, c. 31, s. 57; 1999, c. 40, s. 67.

83.0.0.1. The Community may choose to use a system of bid weighting and evaluating whereby each bid obtains a number of points based on the price as well as on the quality or quantity of goods, services or work, the delivery procedure, servicing, the experience and financial capacity required of the insurer, supplier or contractor or on any other criteria directly related to the procurement.

Where the Community chooses to use such a system, the call for tenders or any document to which it refers shall mention all the requirements and all criteria that will be used for evaluating the bids, as well as the weighting and evaluation methods based on those criteria.

In such a case, the Community shall not award the contract to a person other than the person whose bid was received within the time fixed and obtained the highest score.

For the purposes of the last sentence of the eighth paragraph of section 83, the bid having obtained the highest score shall be considered to be the lowest tender.

1997, c. 53, s. 25.

83.0.0.2. The Community may establish a qualification process which shall not discriminate on the basis of the province or country of origin of the goods, services, insurers, suppliers or contractors.

However, where the Community establishes a qualification process solely for the purposes of awarding a contract referred to in the second paragraph of section 83, the process may discriminate as permitted in the case of a call for public tenders in relation to such a contract under the fifth paragraph of section 83.

The Community shall invite the interested parties to obtain their qualification or the qualification of their goods or services, by causing the secretary to publish a notice to that effect in accordance with the rules set out in the second paragraph of section 83.

1997, c. 53, s. 25.

83.0.0.3. A call for tenders may stipulate that the goods, services, insurers, suppliers or contractors concerned by or able to satisfy the call for tenders must first be certified, qualified or registered by an organization accredited by the Standards Council of Canada or first be certified or qualified under the process provided for in section 83.0.0.2.

The first paragraph does not apply where, under the process provided for in section 83.0.0.2, only one insurer, supplier or contractor has become qualified.

1997, c. 53, s. 25.

83.0.0.4. Subject to the fifth and eighth paragraphs of section 83, no call for public tenders or document to which it refers shall discriminate on the basis of the province or country of origin of the goods, services, insurers, suppliers or contractors.

1997, c. 53, s. 25.

83.0.1. The Minister may, on the conditions he determines, allow the Community to award a contract without calling for tenders, or allow the Community to award a contract after a call for tenders made by written invitation rather than by advertisement in a newspaper.

The first paragraph does not apply where, pursuant to the terms of an intergovernmental agreement on the opening of public procurement applicable to the Community, the tenders must be public tenders.

1996, c. 52, s. 7.

83.0.2. The Community may obtain any movable property from or through the General Purchasing Director designated under section 3 of the Act respecting the Service des achats du gouvernement (chapter S‐4). The Community may also obtain any service through the General Purchasing Director acting within a mandate entrusted to the General Purchasing Director by the Government under section 4.1 of that Act.

To the extent that the terms of any agreement on the opening of public procurement applicable to the Community are observed, section 82.1 does not apply to contracts entered into by the Community with or through the General Purchasing Director in accordance with the regulations under the Financial Administration Act (chapter A‐6).

1999, c. 59, s. 20.

83.1. Notwithstanding section 82.1, the chairman of the Council or, if the chairman is absent or unable to act and no other person is able to replace him in accordance with section 20, the director general may, in the case of irresistible force which might endanger the life or health of the population or seriously damage or impair the operation of the equipment of the Community, order such expenditure as he considers necessary, and grant the necessary contract to remedy the situation. The chairman or the director general, as the case may be, must then give a substantiated report to the Council at the next meeting.

1983, c. 29, s. 27; 1995, c. 71, s. 8; 1996, c. 52, s. 8.

83.1.1. Notwithstanding section 82.1, the Community may, without being required to call for tenders, renew any insurance contract awarded following a call for tenders, provided that the total of the period covered by the original contract and the period covered by the renewal and, where applicable, by any previous renewal, does not exceed five years.

The premiums stipulated in the original contract may be modified for the period covered by any renewal referred to in the first paragraph.

1995, c. 71, s. 9; 1996, c. 27, s. 112.

83.1.2. The Community may enter into a leasing contract in respect of movable property that must be acquired by tender pursuant to section 82.1, provided it discloses in the call for tenders that it has the option to enter into a leasing contract in respect of the property.

Where the Community elects to enter into a leasing contract, it must give a written notice thereof to the successful tenderer. Upon receipt of the notice, the tenderer must enter into a contract for the movable property with the lessor designated in the notice by the Community, on the conditions under which his tender was accepted.

1995, c. 71, s. 9.

83.2. The chairman of the Council shall sign with the secretary every contract of the Community.

1983, c. 29, s. 27; 1990, c. 85, s. 34.

83.3. The Community may enter into a convention with the Minister under which it is authorized by him to negotiate, including with the Société québécoise d’assainissement des eaux, a contract of the kind known as a “turn-key contract”, in exercising its competence in matters of waste water purification.

The Community and the Minister may agree upon conditions in respect of the contract, the contracting partner or the manner of selecting the contracting partner.

1983, c. 57, s. 69; 1994, c. 17, s. 25.

83.4. The turn-key contract must state the objectives contemplated by the Community and, as the case may be, the cost limits and other general conditions with which the purification facilities must conform.

The contract confers on the contracting partner the responsibility of designing purification facilities that meet the objectives and conform with the limits and conditions, of building the facilities and operating them for a period fixed in the contract, which may in no case be less than five years.

The contract may also confer on the contracting partner the responsibility of ensuring long-term financing of the facilities.

1983, c. 57, s. 69.

83.5. Following a convention made with the Minister, the Community may negotiate a turn-key contract without being required to make a call for tenders, notwithstanding section 82.1.

1983, c. 57, s. 69; 1994, c. 17, s. 26; 1995, c. 71, s. 10.

83.6. The Community shall submit to the Minister the draft turn-key contract it has negotiated following the convention.

If the Minister gives his approval, the Community may make the contract, which requires no other approval.

1983, c. 57, s. 69; 1984, c. 38, s. 95; 1994, c. 17, s. 27.

83.6.1. The Community may enter into a contract with a person other than the Société québécoise d’assainissement des eaux under which it entrusts the operation of a waste water purification works to that person.

1986, c. 35, s. 1.

83.7. Notwithstanding any inconsistent provision of a general law or special Act, the Community and one or more of the municipalities whose territories are included in that of the Community may make a joint call for public tenders for the purpose of awarding an insurance contract or a contract for the supply of equipment or materials or the providing of services other than professional services.

For the purposes of the first paragraph, a contract for the supply of equipment includes a contract for the lease of equipment with an option to purchase.

The call for public tenders is filed by the Community in its name and the name of any municipality party to the call.

Section 83 applies to the call for public tenders, except that it is not necessary that the contract involve an expenditure of $100 000 or more.

No municipality that is party to the call for public tenders may make a call for tenders or award a contract in respect of the object of the call unless the Community decides not to give effect to the call.

The acceptance of a tender by the Community also binds every municipality party to the call towards the successful tenderer.

1984, c. 32, s. 30; 1990, c. 85, s. 35; 1995, c. 71, s. 11.

DIVISION VI COMPETENCE OF THE COMMUNITY

84. The Community has such competence as is provided in this Act in the following fields:

(1)  the billing and sending of tax accounts;

(2)  water purification and drinking water supply;

(3)  waste disposal, recovery and recycling;

(4)  the establishment of regional parks.

1969, c. 85, s. 105; 1972, c. 55, s. 138; 1983, c. 29, s. 28; 1990, c. 85, s. 36; 1993, c. 3, s. 121; 1998, c. 31, s. 58.

84.1. The Community has such competence as is provided by another Act, in particular,

(1)  the Act respecting land use planning and development (chapter A‐19.1), and

(2)  the Act respecting municipal taxation (chapter F‐2.1);

(3)  the Environment Quality Act (chapter Q‐2).

(4)  the Fire Safety Act (chapter S‐3.4).

1983, c. 29, s. 28; 1999, c. 75, s. 38; 2000, c. 20, s. 169.

84.1.1. The Community may, by by-law, order that it has competence in all or part of a field that is not mentioned in section 84 and that is within the competence of the municipalities whose territories are included in the Community’s territory, other than the imposition of taxes.

The secretary of the Community shall send a certified true copy of the by-law to each municipality for approval within 10 days of its adoption.

The council of each municipality shall decide on the approval of the by-law not later than 30 days after receiving the copy, failing which the approval is deemed to have been given.

The by-law must be approved by the Minister, who shall fix the date on which it comes into force. The Minister may approve the by-law only if it has been approved, in accordance with this section, by at least two-thirds of the municipalities, including Ville de Gatineau and Ville de Hull.

1998, c. 31, s. 59.

84.2. (Repealed).

1983, c. 29, s. 28; 1990, c. 85, s. 37.

84.3. The Community has the competence, for the object of improving the quality of water sites and promoting access thereto, to order, by by-law, development works on the beds, including the banks or shores and the lands bordering thereon, of the lakes and watercourses situated in its territory, and works to control their water-level.

The Community may execute the works on its own immovables or, according to law, on immovables forming part of the domain of the State where works are executed both on its immovables and on an immovable forming part of the domain of the State at once.

1985, c. 3, s. 4; 1999, c. 40, s. 67.

84.4. The Community is competent to promote the economic development of its territory with a view to furthering its economic expansion and diversity.

To that end, the Community may, in particular,

(1)  facilitate the establishment of businesses and the inflow of capital in its territory, and favour the carrying out of projects having a significant economic impact;

(2)  promote, on outside markets, the goods and services produced in its territory;

(3)  establish connections with agencies engaged in the economic development of its territory;

(4)  set up sector-based concertation groups for the purpose of establishing intervention priorities.

1993, c. 36, s. 1.

84.5. The Community may create an economic development agency and delegate to it, on the conditions it determines, the exercise of all or part of the competence provided for in section 84.4. It shall allocate to it the funds necessary to exercise such competence, on the conditions it determines.

1993, c. 36, s. 1.

84.5.1. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), the Community shall provide financial support to the local development centre accredited under the Act respecting the Ministère des Régions (chapter M-25.001) serving its territory.

1997, c. 53, s. 26; 1997, c. 91, s. 48, s. 49; 1998, c. 31, s. 60.

84.5.2. Every municipality whose territory is included in that of the Community shall make an annual contribution in support of the local development centre referred to in section 84.5.1 by the payment of a sum the amount of which shall be determined by a by-law of the Community or according to rules prescribed in the by-law.

The sum shall be integrated into the aliquot share that the municipality is required to pay to the Community under section 143.2.

Where several local development centres carry on their activities in the territory of the Community, the by-law provided for in the first paragraph shall prescribe rules for the apportionment of the total of the sums among those centres.

1997, c. 53, s. 26; 1997, c. 93, s. 98; 1997, c. 91, s. 50; 1998, c. 31, s. 61.

84.6. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), the Community may, by by-law, give or lend money to an investment fund intended to provide financial support to enterprises in a start-up or development phase that are situated in its territory.

The fund must be administered by a non-profit organization established for that purpose and accredited by the Minister.

The by-law must indicate the maximum contribution, not exceeding $1,000,000, that the Community may make to the fund.

1996, c. 52, s. 9.

85. Subject to the provisions of this act, the municipalities in the territory of the Community shall retain their competence in the fields listed in section 84 and in all or part of a field declared to be within the competence of the Community under section 84.1.1, until the Community exercises its competence respecting such fields and to the extent that the Community has refrained from doing so.

Every provision of a by-law of any municipality in the territory contrary to or inconsistent with any provision of a by-law of the Community respecting any fields referred to in the first paragraph shall cease forthwith to have effect.

1969, c. 85, s. 106; 1998, c. 31, s. 62.

86. The Government or any or its ministers or agencies may delegate non-discretionary powers to the Community.

The Community may accept such delegation and exercise such powers.

1969, c. 85, s. 107; 1975, c. 90, s. 21; 1982, c. 64, s. 10; 1983, c. 29, s. 29.

86.1. The Minister of Agriculture, Fisheries and Food may enter into an agreement with the Community, or with the Community and any municipality designated by the Government, respecting the administration within the territory of the Community and that of any municipality that is a party to the agreement, of the provisions of Acts, regulations or orders respecting the inspection of food that are under the administration of the Minister.

Where the Community is a party to such an agreement, its territory is deemed, for the purposes of this section, section 86.2, and any similar provision of another Act, to have subtracted from it the territory of any municipality that is a party to the same agreement or to another agreement that is in force and that pertains to the application of one, several or all of the same provisions. In such a case,

(1)  only the representatives of the other municipalities on the council of the Community may take part in the discussions and vote relating to the agreement to which the Community is a party; for such purpose, the majority of those representatives constitutes the quorum, each representative has one vote and all decisions are made by a majority of the votes cast;

(2)  only the other municipalities shall contribute towards the payment of the expenses of the Community arising from the agreement to which the Community is a party.

If one of the parties to the agreement is charged with the administration of provisions in all or part of the territory of another party, that competence does not extend to the institution of penal proceedings for an offence under such a provision that is committed in the territory of that other party.

1996, c. 77, s. 37.

86.2. The Community or any other municipality that is a party to an agreement under section 86.1 may, unless the agreement provides otherwise, institute penal proceedings for an offence committed in its territory under a provision covered by the agreement.

The fine shall belong to the Community or to the municipality if it instituted the proceedings.

Proceedings referred to in the first paragraph may be instituted in any municipal court having jurisdiction over the territory in which the offence was committed. The costs relating to proceedings brought before a municipal court shall belong to the municipality responsible for the court, except the part of the costs remitted to another prosecuting party by the collector under article 366 of the Code of Penal Procedure (chapter C-25.1) and the costs paid to the defendant under article 223 of that Code.

1996, c. 77, s. 37.

87. The municipalities which enter into an agreement may provide therein, with the consent of the Community, that the latter will act as an intermunicipal committee or an intermunicipal management board, as the case may be.

A certified copy of the resolution under which the Community agrees to act as an intermunicipal management board is added to the copies of the resolutions under which the municipalities authorize the making of the agreement, when such copies are transmitted to the Minister with the agreement for his approval.

If the agreement comes into force, the Community has the powers and obligations of an intermunicipal committee or of an intermunicipal management board, as the case may be.

1969, c. 85, s. 108; 1983, c. 29, s. 29; 1983, c. 57, s. 70; 1996, c. 27, s. 113.

87.1. The Community and a municipality may enter into an agreement, in accordance with the Act governing the latter.

In such a case, the Community is deemed to be a municipality for the purposes of the provisions of the said Act concerning intermunicipal agreements.

However, an agreement between the Community and a municipality whose territory is included in that of the Community may only provide, as mode of operation, for the supply of services or the delegation of a jurisdiction.

1983, c. 29, s. 29; 1990, c. 85, s. 38; 1996, c. 2, s. 482.

87.2. Except for the passing of a resolution under which the Community agrees to act as an intermunicipal committee or an intermunicipal management board, as the case may be, or a resolution authorizing the making of an agreement under section 87.1, only the representatives of the municipalities that are parties to the agreement are entitled to vote in the Council on any matter relating to the carrying out of the agreement.

The rules regarding the division of the votes among the representatives and the other rules relating to decisions to be taken by the Council are provided in the agreement.

The first two paragraphs do not apply to an agreement between the Community and a municipality whose territory is not included in that of the Community.

1983, c. 29, s. 29; 1983, c. 57, s. 71; 1990, c. 85, s. 39; 1996, c. 27, s. 114.

88. (Repealed).

1969, c. 85, s. 109; 1983, c. 29, s. 30.

89. (Repealed).

1969, c. 85, s. 320; 1983, c. 29, s. 30.

90. The Community may make by-laws to take a census of the inhabitants of its territory, in order to ascertain their number and to obtain statistics respecting their age and their social and economic condition.

1969, c. 85, s. 141.

91. (Repealed).

1969, c. 85, s. 142; 1974, c. 85, s. 1; 1975, c. 89, s. 13; 1976, c. 47, s. 1; 1983, c. 29, s. 31.

92. (Repealed).

1974, c. 85, s. 2; 1983, c. 29, s. 31.

93. (Repealed).

1974, c. 85. s. 2; 1983, c. 29, s. 31.

94. (Repealed).

1974, c. 85, s. 2; 1975, c. 90, s. 31; 1983, c. 29, s. 31.

95. (Repealed).

1969, c. 85, s. 143; 1983, c. 29, s. 31.

96. (Repealed).

1974, c. 85, s. 3; 1977, c. 5, s. 14; 1983, c. 29, s. 31.

97. (Repealed).

1974, c. 85, s. 3; 1983, c. 29, s. 31.

98. (Repealed).

1974, c. 85, s. 3; 1983, c. 29, s. 31.

99. (Repealed).

1974, c. 85, s. 3; 1983, c. 29, s. 31.

100. (Repealed).

1974, c. 85, s. 3; 1979, c. 51, s. 253; 1983, c. 29, s. 31.

101. (Repealed).

1974, c. 85, s. 3; 1977, c. 5, s. 14; 1983, c. 29, s. 31.

102. (Repealed).

1974, c. 85, s. 3 (part); 1977, c. 5, s. 14; 1983, c. 29, s. 31.

103. (Repealed).

1974, c. 85, s. 3; 1983, c. 29, s. 31.

104. (Repealed).

1974, c. 85, s. 3; 1983, c. 29, s. 31.

§ 1 . — Billing and sending of tax accounts

1983, c. 29, s. 32.

105. (Repealed).

1969, c. 85, s. 144; 1983, c. 29, s. 33.

106. The Community, by by-law, may establish a central system for making the collection roll and for billing and sending accounts of municipal taxes and determine the conditions thereof. It may fix a tariff for doing so.

However, all judicial proceedings for the recovery of taxes shall be instituted by the municipalities concerned.

1969, c. 85, s. 145; 1983, c. 29, s. 34; 1984, c. 32, s. 31.

106.1. A municipality whose territory is included in that of the Community may, by resolution, exclude itself from the jurisdiction of the Community with regard to the making of collection rolls and the billing and sending of tax accounts.

The clerk of the municipality shall transmit a certified copy of the resolution adopted under the first paragraph to the Community by bailiff or by registered or certified mail.

The Community does not have jurisdiction with regard to the making of collection rolls and the billing and sending of tax accounts for any fiscal year from the fiscal year commencing after the lapse of the 12-month period which follows the day on which the copy of the resolution is received by the Community.

The municipality is not required to contribute to the payment of the expenses incurred, by the Community, in any fiscal year referred to in the third paragraph, for the making of collection rolls and the billing and sending of tax accounts. However, where applicable, it shall pay to the Community a sum to cover the expenses incurred by the latter to retain an employee whose services are no longer required as a result of a decision of the municipality, or to terminate his employment, or maintain equipment or material which, for the same reason, has become useless or superfluous.

The municipality shall pay to the Community its aliquot share of the expenses incurred by the latter for the making of collection rolls and the billing and sending of tax accounts for any fiscal year prior to those referred to in the third paragraph. It is not, however, required to contribute to the expenses of the Community incurred during a prior fiscal year if their effects on the service provided by the Community do not begin before a fiscal year referred to in the third paragraph.

The third, fourth and fifth paragraphs do not apply if the resolution adopted under the first paragraph is repealed and if a certified copy of the resolution repealing it is transmitted to the Community, in the manner provided for in the second paragraph, before the time limit fixed in accordance with a by-law adopted under paragraph 3 of the seventh paragraph or, failing such a by-law, before the beginning of the first fiscal year referred to in the third paragraph.

The Council may, by by-law,

(1)  determine rules permitting the establishment of the sum referred to in the fourth paragraph or the aliquot share referred to in the fifth paragraph;

(2)  determine the terms and conditions applicable to the payment of the aliquot share including the interest on any sum exigible;

(3)  fix the time before which a certified copy of the resolution repealing the resolution adopted under the first paragraph must be transmitted to the Community, in the manner provided for in the second paragraph, in order to avoid the application of the third, fourth and fifth paragraphs.

1990, c. 85, s. 40.

107. The Government, upon such conditions as it determines, may compel any school board whose territory is wholly or partly comprised in the territory of the Community to entrust to the latter the billing and sending of such tax accounts.

1969, c. 85, s. 146.

108. (Repealed).

1969, c. 85, s. 147; 1983, c. 29, s. 35.

109. (Repealed).

1969, c. 85, s. 148; 1981, c. 7, s. 536; 1983, c. 29, s. 36.

110. (Repealed).

1969, c. 85, s. 149; 1983, c. 29, s. 36.

111. (Repealed).

1969, c. 85, s. 150; 1983, c. 29, s. 36.

112. (Repealed).

1969, c. 85, s. 151; 1975, c. 90, s. 31; 1983, c. 29, s. 36.

§ 2 . — Water purification and drinking water supply

1983, c. 29, s. 37.

113. The Community, by by-law, may establish minimum standards for all of its territory respecting the methods of carrying out all work respecting waterworks, sewers, and the construction of water treatment plants or works, and the materials used in the carrying out of such works. Such by-laws shall be binding upon all the municipalities in its territory; they shall not come into force except upon the approval of the Minister of the Environment.

1969, c. 85, s. 152; 1972, c. 49, s. 154; 1979, c. 49, s. 35; 1994, c. 17, s. 28; 1999, c. 36, s. 158.

114. Such municipalities shall submit to the Council for approval any project for the construction, enlargement or alteration of a waterworks system, sewers and of plants or works for water treatment, before passing the resolution or the by-law necessary for implementing such project.

Within 30 days after receiving the application, the Council shall determine whether the project is of a purely local nature or has any intermunicipal repercussions.

If the Council decides that the project has intermunicipal repercussions, the Council may, by resolution, subject to the approval of the Minister of the Environment, order such alterations as it deems expedient to the plans and specifications of the proposed works and authorize the municipality to carry out such work. Failing an agreement between the Community and the municipalities involved concerning the apportionment of the cost of the work, the apportionment is fixed by the Minister of the Environment, at the request of the Community or any municipality concerned.

1969, c. 85, s. 153; 1972, c. 49, s. 155; 1975, c. 90, s. 31; 1977, c. 5, s. 14; 1979, c. 49, s. 33; 1983, c. 29, s. 38; 1988, c. 49, s. 45; 1994, c. 17, s. 28; 1999, c. 36, s. 158.

115. In no case may the Minister of the Environment, as regards waterworks, sewers or plants or water treatment works, exercise in respect of a municipality whose territory is included in that of the Community any power provided in section 29, 32, 34, 35, 41 or 43 of the Environment Quality Act (chapter Q-2) before calling upon the Community to make the representations to him it considers appropriate.

Where the Minister of the Environment exercises the powers provided in section 35 of the Environment Quality Act, he shall order the execution of intermunicipal work by such municipalities as he may designate, unless the Community has indicated to the Minister that it consents to execute it. If the Community consents to execute the work, the Minister shall not then order its execution except by the Community. The Minister shall not establish the apportionment of the cost of the works, and the cost of maintenance and operation thereof, determine the mode of payment or fix the indemnity, periodic or otherwise, payable by the municipalities for the use of the works or services provided before calling upon the Community to make its representations on this matter.

1969, c. 85, s. 154; 1972, c. 49, s. 156; 1977, c. 5, s. 14; 1979, c. 49, s. 33, s. 35; 1982, c. 2, s. 114; 1983, c. 29, s. 39; 1988, c. 49, s. 46; 1996, c. 2, s. 483; 1999, c. 36, s. 158.

116. Subject to the Environment Quality Act (chapter Q-2), the Community may, by by-law, order the carrying out, even outside its territory, of works relating to water treatment plants or works or water mains or main sewers intended to serve the territories of two or more municipalities included in its territory.

1969, c. 85, s. 155; 1972, c. 49, s. 157; 1983, c. 29, s. 39; 1996, c. 2, s. 484.

117. Subject to the Environment Quality Act (chapter Q-2), the Community may, by by-law, order the carrying out of works contemplated in section 116 even if the plants, works or mains being the subject thereof are not intended to serve the territories of two or more municipalities.

A by-law made by the Community under the first paragraph excludes the competence of a municipality over the works contemplated by the by-law.

1975, c. 89, s. 14; 1983, c. 29, s. 39; 1996, c. 2, s. 485.

118. The Community may, by by-law, acquire, with the approval of the Minister of the Environment, the ownership of any water treatment works or plant, or any water main or main sewer owned by a municipality whose territory is included in that of the Community and serving or capable of serving the territories of one or more such municipalities.

A by-law made by the Community under the first paragraph excludes the competence of a municipality over any plant, works or main acquired by the Community.

1975, c. 89, s. 14; 1983, c. 29, s. 39; 1994, c. 17, s. 28; 1996, c. 2, s. 486; 1999, c. 36, s. 158.

119. The filtration plants and sewage treatment plants of the Community and the works located between the plants and the source of water supply, in the case of a filtration plant, and the works located between the plants and the place where purified water is discharged in the case of a sewage treatment plant, constitute intermunicipal parts of the drinking water supply system or, as the case may be, of the water purification system of the Community.

The Community shall, by by-law,

(1)  determine that part of its drinking water or waste water conduit system which is of an intermunicipal nature or which, owing to the importance of its main function within the system, must be subject to the same rules as the intermunicipal part;

(2)  determine the other components of its drinking water or waste water conduit system which must be considered to be for the sole benefit of the municipality in whose territory they are situated.

Any by-law made under the second paragraph requires a three-quarters majority of the votes cast by the representatives of the municipalities whose territories are served.

If, at the first meeting of the Council at which the voting is held, the majority provided for in the third paragraph is not obtained, the voting on the by-law must be postponed until the next meeting, and the same majority is required.

If, at the second meeting, the by-law is not adopted, the secretary shall inform the Minister thereof as soon as possible. The Minister may then give to the Commission municipale du Québec the responsibility of exercising for and on behalf of the Council the competence provided in the second paragraph.

The fifth paragraph does not prevent the Council from adopting the by-law contemplated in the second paragraph at a meeting held after the second meeting mentioned in the fourth paragraph if the Commission municipale has not disposed of the matter submitted to it under the fifth paragraph.

1969, c. 85, s. 156; 1972, c. 49, s. 158; 1977, c. 5, s. 14; 1979, c. 49, s. 33; 1983, c. 29, s. 39; 1996, c. 2, s. 487.

120. The expenses of the Community incurred in the exercise of a power provided for in sections 116 to 118 and relating to the intermunicipal part of its system, and the expenses arising from the operation and maintenance of that part of the system are apportioned among the municipalities in proportion to the volume of water consumed by each of them, respectively, as regards expenses relating to drinking water supply, and in proportion to the volume of water discharged by each of them, respectively, as regards the expenses relating to water purification.

The expenses of the Community relating to each component of its system contemplated in a by-law made under subparagraph 2 of the second paragraph of section 119 are payable by the municipality in whose territory that component is situated.

The first paragraph has effect even respecting a loan by-law made before 23 June 1983 as regards that part of the principal and interest that falls due.

1969, c. 85, s. 157; 1983, c. 29, s. 39; 1996, c. 2, s. 488.

120.1. Notwithstanding section 120, the Community may, by by-law passed by a three-quarters majority of the votes cast by the representatives of the municipalities whose territories are served, establish a different apportionment of the expenses contemplated in section 120.

1983, c. 29, s. 39; 1996, c. 2, s. 489.

120.2. Where a municipality, whose water treatment plants or works, water mains or main sewers are acquired by the Community, has bound itself contractually with another municipality to supply its territory with drinking water or to collect waste water from its territory, and such works, plants or mains acquired by the Community were necessary for the carrying out of such contract, the Community is substituted for such municipality in all the rights and obligations of that municipality resulting from the contract.

1983, c. 29, s. 39; 1996, c. 2, s. 490.

121. When all the water treatment works or plants of a municipality in the territory of the Community are acquired by the Community, such municipality shall no longer have power to establish such works or plants.

This Act does not have the effect of restricting the power of a municipality to distribute to its territory drinking water supplied to it by the Community or to collect waste water from that territory to convey such waste water to the works of the Community.

1969, c. 85, s. 158; 1983, c. 29, s. 40.

122. The Community shall not supply drinking water to persons other than municipalities in its territory.

1969, c. 85, s. 159; 1983, c. 29, s. 41.

123. The Community may receive for treatment purposes, from a person other than a municipality, waste water from its territory or elsewhere.

Before making any contract for such purpose, the Community shall obtain the consent of the local municipality in whose territory the waste water originates.

1969, c. 85, s. 160; 1983, c. 29, s. 41; 1996, c. 2, s. 491; 1996, c. 52, s. 10.

124. From the date of coming into force of a by-law made under section 118, no municipality which receives water from the Community or conveys waste water to the works of the Community, may supply water to the territory of another municipality or receive, for treatment purposes, waste water from the territory of another municipality, without the consent of the Community.

1969, c. 85, s. 161; 1983, c. 29, s. 41; 1996, c. 2, s. 492.

125. Nothing in section 124 shall be construed as preventing any municipality from supplying water to the territory of another municipality, or receiving waste water from the territory of another municipality by virtue of contracts made before the date referred to in section 124 if the plants, works or conduits necessary to do so have not been acquired by the Community.

1969, c. 85, s. 162; 1983, c. 29, s. 41; 1996, c. 2, s. 493; 1999, c. 40, s. 67.

126. The Community may make by-laws to:

(1)  supply drinking water in the territory of the municipalities, receive waste water from their territory; and dispose of sludge from septic installations;

(2)  maintain, manage and operate its water treatment plants or works, water mains or main sewers;

(2.1)  maintain the municipal waterworks or sewer systems in its territory;

(2.2)  build, alter, maintain, supervise and protect individual or community septic installations;

(3)  (subparagraph repealed);

(4)  rent meters, where such is the case;

(5)  determine the conditions for any connection to its waterworks or sewer system.

Any by-law made under this section requires the approval of the Minister of the Environment.

Notwithstanding section 34.2, all representatives of the municipalities of the territory of the Community have a vote on a by-law contemplated in subparagraph 2.2.

1969, c. 85, s. 163; 1972, c. 49, s. 159; 1977, c. 5, s. 14; 1979, c. 49, s. 33, s. 35; 1983, c. 29, s. 42; 1994, c. 17, s. 28; 1995, c. 71, s. 12; 1996, c. 2, s. 494; 1999, c. 36, s. 158.

126.1. Notwithstanding sections 113 to 120.1, the Community and the municipalities whose territories are included in that of the Community and are served by its drinking water supply system may by an agreement settle the apportionment of responsibilities relating to the supply of drinking water between the Community and the municipalities.

The agreement may, in particular,

(1)  determine the obligations of each party as regards the plants, water treatment works and water mains and any property intended for the supply of drinking water to the territory of one or several municipalities;

(2)  determine the nature of the expenses to be apportioned among the municipalities whose territories are served and the criteria according to which the apportionment is to be effected;

(3)  determine the expenses payable by one or some of the municipalities only and the criteria of apportionment among them, as the case may be;

(4)  determine which parts of the system belong to the Community and which parts belong to a municipality whose territory is served;

(5)  determine the Community’s responsibility as regards the quality of the water supplied by the system;

(6)  prescribe any other duty or power of the Community or of a municipality whose territory is served by it in matters concerning the supply of drinking water.

1986, c. 35, s. 2; 1996, c. 2, s. 495.

126.2. No agreement pursuant to section 126.1 may be amended except with the consent of each party who signed the agreement.

Notwithstanding the first paragraph, the municipalities that are parties to the agreement may, by common accord, terminate the agreement.

1986, c. 35, s. 2.

126.3. Sections 468.53 and 469 of the Cities and Towns Act (chapter C-19) apply, adapted as required, where the parties who signed an agreement made pursuant to section 126.1 disagree on its application or on the terms and conditions applicable to its termination by virtue of the second paragraph of section 126.2.

1986, c. 35, s. 2.

127. (Repealed).

1969, c. 85, s. 164; 1983, c. 29, s. 43.

§ 3 . — Waste disposal, recovery and recycling

1983, c. 29, s. 44.

128. The Community may establish, possess and operate waste disposal centres within or outside its territory, regulate the use thereof and sell the energy resulting from the operation of the centre.

From the time when such a waste disposal centre is in operation, no municipality in the territory of the Community shall grant or renew a contract for waste collection unless the method of disposal thereof has been approved by the Community.

Those municipalities may continue to operate, maintain and repair all the waste disposal centres already in operation or under construction on 1 January 1970 to such extent as may be provided in the regulations for carrying out the Environment Quality Act (chapter Q-2). They shall not, however, without authorization of the Community, allocate public funds to the enlargement of centres already existing on that date, or develop new ones.

The Community may, by by-law, compel the municipalities in its territory which possess waste disposal centres to make them available to other municipalities, for a compensation it fixes. The municipality which possesses the waste disposal centre may, within 30 days, apply for a review of the compensation by the Commission municipale du Québec.

1969, c. 85, s. 165; 1977, c. 5, s. 14; 1983, c. 29, s. 44; 1996, c. 52, s. 11.

128.0.1. The Community may enter into a contract under which it entrusts a person with the operation of a waste disposal centre or entrusts the disposal of waste to a person who owns and operates such a centre.

1986, c. 35, s. 3.

128.0.2. The Community may make with a person a contract of the kind known as a “turn-key contract” in relation to a waste disposal centre.

Sections 83.3 to 83.6 apply, adapted as required, to a contract referred to in the first paragraph.

1986, c. 35, s. 3.

128.1. The Community may, within or outside its territory,

(1)  establish, possess and operate

(a)  a waste recovery and recycling establishment;

(b)  a site for disposing of residue from the operation of such an establishment and of waste owned by the Community for such operation, which cannot be used for that purpose;

(c)  a site for disposing of residue from the operation of a waste water purification plant of the Community;

(d)  a site for burying sludge from septic installations;

(2)  regulate the use of any establishment or site contemplated in paragraph 1.

1983, c. 29, s. 44.

128.2. The operating and maintenance costs and the expenses resulting from the payment of interest and amortization of loans for a waste disposal, recovery or recycling centre and a site for burying sludge from septic installations are apportioned among the municipalities using them in proportion to the weight of the waste or sludge coming from the territory of each of the municipalities.

The costs and expenses contemplated in the first paragraph relating to each centre or site may be apportioned separately.

1983, c. 29, s. 44; 1990, c. 85, s. 41; 1996, c. 2, s. 496.

§ 4 . — Establishment of regional parks

1993, c. 3, s. 122.

129. The Community may, by by-law, determine the location of a regional park, whether or not it is the owner of the right of way of the park.

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

For the purposes of this subdivision, a natural area or a corridor for recreational and sports activities is considered to be a park.

1969, c. 85, s. 166; 1975, c. 90, s. 22; 1983, c. 29, s. 45; 1993, c. 3, s. 122; 1999, c. 40, s. 67; 1999, c. 59, s. 21.

130. From the coming into force of the by-law provided for in section 129, the Community may make an agreement with any person holding the right of ownership or any other right in respect of an immovable situated in the park concerned.

Such an agreement may provide

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

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

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

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

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

1969, c. 85, s. 167; 1983, c. 29, s. 45; 1993, c. 3, s. 122.

131. The Community may, by by-law, in respect of the park referred to in the preceding sections,

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

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

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

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

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

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

(7)  prohibit or regulate posting;

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

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

(10)  prohibit or regulate the operation of businesses;

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

(12)  determine employees’ powers and obligations.

1969, c. 85, s. 168; 1975, c. 90, s. 23, s. 31; 1977, c. 5, s. 14; 1983, c. 29, s. 45; 1993, c. 3, s. 122; 1995, c. 71, s. 13.

131.1. The Community may operate accommodation, catering or commercial establishments, or parking lots, in the park concerned for the benefit of users, or cause such establishments to be operated.

Where the Community adopts, pursuant to paragraph 5 of section 131, a by-law relating to the parking of vehicles, paragraph 20 of section 412 of the Cities and Towns Act (chapter C-19) shall apply, taking into account any necessary changes, with respect to any infraction of the by-law.

1993, c. 3, s. 122; 1995, c. 71, s. 14.

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

1993, c. 3, s. 122; 1996, c. 2, s. 497; 1996, c. 27, s. 115.

DIVISION VII FINANCIAL PROVISIONS

132. The fiscal year of the Community shall begin on 1 January and end on 31 December each year.

1969, c. 85, s. 170.

133. The Community must prepare and adopt a budget each year.

1969, c. 85, s. 171.

133.1. Not later than the day the budget of the Community is submitted to the Council, the chairman shall report on the financial situation of the Community, at a meeting of the Council.

The chairman shall deal with the latest financial statements, the latest report of the auditor and the latest three-year fixed assets program, with preliminary instructions regarding the financial statements for the fiscal year preceding that for which the next budget is made, and with the general direction of the next budget and the next three-year fixed assets program.

The text of the chairman’s report is distributed free of charge to each address in the territory of the Community. In addition to or instead of the distribution, the Council may order that the text be published in a newspaper circulated in the territory.

1983, c. 29, s. 46.

133.2. 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 that meeting, the deliberations of the Council and the question period deal exclusively with the budget or the three-year program.

1983, c. 29, s. 46.

133.3. The adopted budget or three-year program or any explanatory document therefor, is distributed free of charge to each address in the territory of the Community. In addition to or instead of the distribution, the Council may order that the budget, the three-year program or the explanatory document be published in a newspaper circulated in the territory.

1983, c. 29, s. 46.

134. The director general, under the direction of the Council, shall draw up the budget of the Community and deposit it in the office of the secretary of the Community. The secretary shall transmit a copy of the budget to each municipality whose territory is included in that of the Community and each member of the Council, not later than 15 October.

Not later than 15 September each year, the treasurer shall determine in a certificate the appropriations he considers necessary for the next fiscal year for the expenditures incurred in respect 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 such certificate the appropriations necessary, during the next fiscal year, to assume the obligations contracted 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 such amendment with the office of the secretary. The secretary shall give notice of the amendment to the Council at the first meeting following the filing.

The treasurer shall also include in the certificate contemplated in the second paragraph the appropriations necessary, during the next fiscal year, to assume the obligations of the Community arising from collective agreements or from its by-laws, or arising under legislative or regulatory provisions adopted by the Gouvernement du Québec or the Government of Canada or one 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 a least 11/2% of the expenses of the Community to cover expenditures not provided for in the budget, the settlement of claims and the payment entailed by court sentences.

1969, c. 85, s. 172; 1975, c. 90, s. 26; 1983, c. 29, s. 47; 1990, c. 85, s. 42; 1996, c. 2, s. 506; 1999, c. 90, s. 9.

135. The Council, not later than 15 November preceding each fiscal year, shall hold a special meeting for the adoption of the budget of the Community for that fiscal year.

The meeting shall be adjourned as often as necessary and shall not end until the budget has been adopted.

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

The Council may also, before 1 January, adopt temporarily, for a period of three months, one-quarter of every appropriation provided for in the budget. The same applies before each period beginning 1 April, 1 July and 1 October. The Council may thus adopt at the same time

(1)  three-quarters of every appropriation if it does so before 1 April; and

(2)  one-half of every appropriation, if it does so before 1 July.

If, on 1 January, the budget of the Community has not been adopted, one-quarter of each of the appropriations provided for in the budget of the preceding fiscal year, with the exception of those mentioned in the sixth paragraph, is considered 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 fifth 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 contemplated in section 134;

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

(3)  to those one-quarter of which has then been adopted under the fourth paragraph for the same period of three months.

In the hypothesis mentioned in the fifth paragraph, the appropriations mentioned in the certificate of the treasurer contemplated in section 134 and included in the budget that is being studied are considered to be adopted on 1 January and shall then come into force.

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

1969, c. 85, s. 173; 1977, c. 5, s. 14; 1983, c. 29, s. 47; 1984, c. 38, s. 96; 1990, c. 85, s. 43; 1999, c. 40, s. 67.

135.1. A resolution of the Council respecting the adoption of a budget or one of its appropriations or part of an appropriation requires a two-thirds majority of the votes cast.

1983, c. 29, s. 47.

136. The head of each department shall be responsible for the management of the budget of his department, according to the provisions of this Act, under the supervision of the Council.

1969, c. 85, s. 174; 1975, c. 90, s. 31; 1983, c. 29, s. 47.

137. During a fiscal year, the Community may adopt any supplementary budget which it deems necessary.

The supplementary budget is prepared, filed and forwarded according to the rules applicable to the annual budget, with the necessary modifications. A copy of the budget must be sent to the municipalities and the members of the Council not less than fifteen days before it is submitted to the Council.

The supplementary budget is submitted to the Council at a special meeting called for that purpose. Such meeting may close without the budget being adopted.

If the supplementary budget is not adopted within fifteen days from the day it is submitted, the appropriations mentioned in the certificate of the treasurer contemplated in section 134 and included in the budget are deemed to be adopted and shall come into force on the expiry of that period.

Section 135.1 applies to the adoption of a supplementary budget.

1969, c. 85, s. 175; 1983, c. 29, s. 48; 1990, c. 85, s. 44; 1999, c. 40, s. 67.

138. Every transfer of funds from one item of the budget to another requires approval by the Council.

1969, c. 85, s. 176; 1975, c. 90, s. 27.

139. No by-law, resolution or report of the Council authorizing or recommending an expenditure shall have effect without a certificate by the treasurer attesting that there are available funds.

1969, c. 85, s. 177; 1975, c. 90, s. 31; 1999, c. 90, s. 10.

139.1. The Council may, by by-law, delegate to the chairman of the Community or to an officer or employee thereof, on the conditions the Council determines, the power to authorize or pay expenditures and to enter into ensuing contracts on behalf of the Community.

The by-law must, in particular, indicate the field of competence to which the delegation applies, the maximum amount of the expenditures that the chairman or the officer or employee may authorize or pay and the other conditions to which the delegation is subject.

Neither the chairman nor the officer or employee may authorize an expenditure that entails a financial commitment by the Community for a period extending beyond the current fiscal year. For the purposes of section 139, the authorization is considered to be a resolution authorizing the expenditure.

If, for the purposes of section 83, the authorization of the Minister must be obtained to allow the chairman, officer or employee to award a contract to a person other than the person who submitted the lowest tender, the authorization must be applied for by the Council.

1996, c. 52, s. 12.

140. The funds appropriated by a budget during a fiscal year for specified works shall remain available during the ensuing fiscal year for the carrying out of such work, whether it has commenced or not.

1969, c. 85, s. 178.

141. During a fiscal year, the Community on report of the treasurer may appropriate to expenses for such fiscal year or for a subsequent fiscal year, as it determines, any estimated budget surplus for the current fiscal year or any budget surplus for the preceding fiscal year.

The appropriation of a surplus to expenditures for a fiscal year amends the budget for that fiscal year accordingly.

Any surplus not appropriated to a specific purpose or any deficit for a fiscal year shall be entered in the revenues or expenditures for the fiscal year following that in which the auditor made his report for the first mentioned fiscal year.

1969, c. 85, s. 179; 1983, c. 29, s. 49; 1999, c. 90, s. 11.

142. The treasurer shall be personally responsible for all moneys which he pays and which, to his knowledge, exceed the amount appropriated for such purpose.

1969, c. 85, s. 180.

143. The payment of the expenses of the Community, including payment of interest on and amortization of its loans, shall be guaranteed by its general fund.

1969, c. 85, s. 182.

143.1. The expenses of the Community, except those relating to a service governed by a special tariff and those the apportionment of which is otherwise provided for by law, shall be apportioned among the municipalities listed in Schedule A according to their respective fiscal potentials, within the meaning of section 261.5 of the Act respecting municipal taxation (chapter F‐2.1), or according to any other criterion determined, by by-law, by the Community for all or part of the expenses.

However, expenses relating to water purification, to drinking water supply or to waste disposal, recovery or recycling and which must be apportioned according to the fiscal potential shall only be apportioned among those municipalities whose territories are served by the Community.

1991, c. 32, s. 179; 1999, c. 59, s. 22.

143.2. The Council shall prescribe, by by-law, the terms and conditions for determining the aliquot shares of the expenses of the Community and payment thereof by the municipalities.

The by-law may, in particular, prescribe, for every situation provided for in section 135 or 137,

(1)  the date on which the data used to establish provisionally or finally the basis of apportionment of the expenses of the Community are to be considered;

(2)  the time limit for determining each aliquot share and for informing each municipality of it;

(3)  the obligation of the municipality to pay its aliquot share in a single payment or its right to pay it in a certain number of instalments;

(4)  the time limit within which each instalment must be paid;

(5)  the rate of interest payable on an outstanding instalment;

(6)  the adjustments that may result from the deferred coming into force of all or part of the budget of the Community or from the successive use of provisional and final data in determining the basis of apportionment of the expenses of the Community.

Instead of fixing the rate of interest payable on an instalment which is outstanding, the by-law may provide that such rate shall be fixed by a resolution of the Council when the budget of the Community is adopted.

1991, c. 32, s. 179.

143.3. Subject to the regulation of the Government made under paragraph 8.2 of section 262 of the Act respecting municipal taxation (chapter F-2.1), the Community may, by by-law, provide that all or part of the property, services or activities of the Community shall be financed by means of a tariff involving a fixed amount, exigible on an ad hoc basis, in the form of a subscription or under terms similar to those of a subscription for the use of a property or service or in respect of a benefit derived from an activity.

Sections 244.3 to 244.6 and the first paragraph of section 244.8 of the Act respecting municipal taxation apply, adapted as required, to the tariff referred to in the first paragraph.

1995, c. 71, s. 15.

144. Each year, the Community shall adopt for the next three fiscal years the programme of its capital expenditures and the program of its capital expenditures.

The program shall be divided into annual phases. It shall describe, in respect of the period coincident therewith, the object, the amount and the mode of financing of the capital expenditures or expenses that the Community plans to incur or make and for which the financing period exceeds 12 months. The program shall also mention the capital expenditures that the Community plans to make beyond the period contemplated therein, if those expenditures result from commitments made during that period.

1977, c. 80, s. 14; 1985, c. 27, s. 75; 1988, c. 76, s. 6; 1990, c. 85, s. 45; 1994, c. 17, s. 29; 1995, c. 71, s. 16; 1996, c. 27, s. 116.

144.1. The Community may amend its program of capital expenditures. Section 144, adapted as required, applies to such an amendment.

1985, c. 27, s. 76; 1990, c. 85, s. 46; 1995, c. 71, s. 17.

145. The Community may, with the approval of the Minister, order, by by-law, a loan by notes, bonds or other securities and contract it on the conditions approved by him. In no case may the term of such a loan exceed fifty years.

1969, c. 85, s. 196; 1977, c. 80, s. 15; 1977, c. 5, s. 14; 1984, c. 38, s. 97.

145.1. Part of the loan, not exceeding 5 % of the amount of the expenditure authorized by the loan by-law in force, may be reserved for the repayment to the general fund of the Community of all or part of the sums expended, before the passage of the loan by-law, in connection with the object of the by-law.

That part of the loan must be specified in the by-law.

1995, c. 71, s. 18.

146. 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 all or part of the expenses made under a loan by-law. If, in that case, the amount exceeds 90% of that of the securities the issue of which is authorized by the by-law, the Community shall obtain prior authorization from the Minister.

1969, c. 85, s. 197; 1977, c. 5, s. 14; 1984, c. 38, s. 97.

147. The Council may fix the interest rate on its loans and the dates of maturity, determine the other conditions of the bonds, inscribed stock, treasury bills or other negotiable securities issued or to be issued, designate any place inside or outside the country where a register may be kept for the registration or transfer of the securities hereinabove mentioned and the persons authorized to keep such register, and determine the conditions for their issue and sale.

1969, c. 85, s. 198; 1975, c. 90, s. 31; 1999, c. 40, s. 67.

148. Sections 7 and 8 and Divisions V to XII of the Act respecting municipal debts and loans (chapter D-7) apply to the Community.

1969, c. 85, s. 199; 1984, c. 38, s. 98; 1988, c. 84, s. 705.

149. The securities issued by the Community are investments presumed sound as if they were mentioned in paragraph 2 of article 1339 of the Civil Code.

The commitments included in the securities issued by the Community constitute direct and general obligations of the Community and of the municipalities whose territories are included in that of the Community and rank concurrently and pari passu with all other general bonds of the Community and of the municipalities whose territories are included in that of the Community.

1969, c. 85, s. 200; 1983, c. 29, s. 50; 1996, c. 2, s. 506; 1999, c. 40, s. 67.

150. The municipalities in the territory of the Community shall be severally liable toward the holders of bonds, notes and other securities issued by the Community for the repayment of such bonds, notes and other securities, in principal, interest and other accessories, and for all other obligations contracted by the Community towards such holders.

1969, c. 85, s. 201.

151. The bonds, notes and other debt securities, cheques, bills of exchange and other negotiable instruments issued by the Community shall be signed by the chairman and the treasurer.

The facsimile of the signature of the chairman or treasurer may be engraved, lithographed or printed on such documents and has the same effect as if they had been duly signed.

1969, c. 85, s. 202; 1975, c. 90, s. 31; 1990, c. 85, s. 47.

151.1. The Community may invest the monies belonging to it by purchasing shares in a mutual fund provided for in the third paragraph of section 99 of the Cities and Towns Act (chapter C-19).

The Minister may, by regulation, determine other securities in which the Community may invest the monies belonging to it through a mutual fund referred to in the first paragraph.

1996, c. 77, s. 38.

152. (Replaced).

1969, c. 85, s. 203; 1983, c. 29, s. 51; 1990, c. 85, s. 47.

153. At the end of the fiscal year, the treasurer shall draw up the financial report for the past fiscal year, and attest that it is accurate.

The financial report shall be drawn up on the forms furnished by the Minister, where such is the case. It shall include the financial statements and any other information required by the Minister.

1969, c. 85, s. 204; 1977, c. 5, s. 14; 1984, c. 38, s. 99.

153.1. The treasurer shall, at a meeting of the Council, file the financial report and the auditor’s report transmitted under section 153.7.

1984, c. 38, s. 99.

153.2. After the filing contemplated in section 153.1 and not later than 1 May, the secretary shall transmit the financial report and the auditor’s report to the Minister.

1984, c. 38, s. 99.

153.3. The Council may call upon the treasurer, at any time during the year, to produce a detailed account of the revenues and expenditures of the Community.

1984, c. 38, s. 99.

153.4. During the period extending from 1 December to 1 May, the Council shall appoint an auditor for the fiscal year beginning during that period. The Council may provide that the appointment is also valid for the following fiscal year or for the two following fiscal years.

If the auditor appointed for a fiscal year is not the auditor in office for the preceding fiscal year, the secretary of the Community shall inform the Minister of the name of the new auditor as soon as possible after his appointment.

1984, c. 38, s. 99; 1995, c. 71, s. 19.

153.5. If the office of the auditor becomes vacant before the expiry of his term, the Council shall fill the vacancy at the next meeting.

1984, c. 38, s. 99.

153.6. The auditor shall, for the fiscal year for which he was appointed, audit the financial statements and any other document the Minister determines by regulation published in the Gazette officielle du Québec.

He shall forward a report of his audit to the Council. He shall state, in his report, in particular, whether the financial statements faithfully represent the financial position of the Community on 31 December and the results of its transactions for the fiscal year ending on that date.

1984, c. 38, s. 99.

153.7. The auditor shall transmit his report to the treasurer not later than 31 March following the expiry of the fiscal year for which he was appointed.

1984, c. 38, s. 99.

153.8. The Council may require any other audit it considers necessary, and require a report.

1984, c. 38, s. 99.

153.9. In no case may the following persons act as auditor of the Community:

(1)  a member of the Council;

(2)  an officer or an employee of the Community;

(3)  the associate of a person mentioned in paragraph 1 or 2;

(4)  a person who, during the fiscal year for which the audit is carried out, has, directly or indirectly, personally or through his associate, any participation, interest or commission in or under a contract with the Community or in relation to such a contract, or who derives any benefit from the contract, unless his connection with the contract arises from the practice of his profession.

1984, c. 38, s. 99.

153.10. The Minister may order, if he considers it necessary, the appointment of an auditor other than the auditor appointed under section 153.4, and require a report from him.

1984, c. 38, s. 99.

153.11. The Council may, by by-law, constitute a working fund, fix the amount thereof and appropriate for that purpose all or part of the accumulated surplus of the general fund of the Community.

The amount of the fund may not exceed 10 % of the appropriations provided for in the budget of the Community for the fiscal year during which the amount is fixed.

The secretary shall transmit a certified true copy of the by-law adopted under the first paragraph to the Minister.

1990, c. 85, s. 48.

153.12. The Council may take out of the working fund sums which are needed by the Community for capital expenditure or current expenditure made before revenues are collected or the aliquot shares payable by the municipalities are received.

The fund must be reimbursed within five years or within one year, according to whether the sums were taken out for capital expenditure or for current expenditure.

1990, c. 85, s. 48.

153.13. The Community may, by by-law, establish a financial reserve for any purpose within its jurisdiction to finance expenditures other than capital expenditures.

The by-law must set out

(1)  the purpose for which the reserve is established;

(2)  the projected amount of the reserve;

(3)  the mode of financing of the reserve;

(4)  in the case of a reserve of specified duration, the duration of existence of the reserve;

(5)  the allocation of the amount, if any, by which income exceeds expenditures at the end of the existence of the reserve.

The duration of existence of a reserve must be determined, unless such determination is inconsistent with the purpose for which the reserve is established.

2000, c. 19, s. 13.

153.14. A financial reserve shall be made up of the sums allocated to it each year and interest earned on the sums.

The reserve may be made up only of sums from the portion of the general fund of the Community allocated for that purpose by the Council or of the excess amount referred to in section 244.4 of the Act respecting municipal taxation (chapter F‐2.1), derived from a mode of tariffing established by the Community under section 143.3.

2000, c. 19, s. 13.

153.15. The by-law establishing a financial reserve must be approved by the Minister.

2000, c. 19, s. 13.

153.16. All expenditures necessary for the carrying out of the purpose for which the reserve was established must have been made on or before the date on which the reserve ceases to exist.

The treasurer must file, not later than at the last meeting of the Council before that time, a statement of the income and expenditures of the reserve.

The Council shall allocate the amount, if any, by which the reserve’s income exceeds its expenditures in accordance with the provisions of the by-law under which the reserve was established. If there is no such provision, any amount in excess shall be paid into the general fund.

2000, c. 19, s. 13.

153.17. A by-law establishing a financial reserve may not provide for a projected amount that, if added to the projected amounts of reserves already established by by-law and still in existence, results in an amount exceeding 15 % of the other appropriations provided for in the budget of the fiscal year during which the by-law establishing the reserve is adopted.

2000, c. 19, s. 13.

153.18. The sums allocated to a financial reserve established under section 153.13 must be invested in accordance with section 151.1.

2000, c. 19, s. 13.

TITLE II SOCIÉTÉ DE TRANSPORT DE L’OUTAOUAIS

1990, c. 85, s. 49.

DIVISION I GENERAL PROVISIONS

154. A legal person established in the public interest, consisting of the municipalities listed in Schedule A.1 and the inhabitants and taxpayers of their territories, is hereby established under the name of “Société de transport de l’Outaouais”, hereinafter referred to as “the transit authority”.

The territory of the transit authority consists of the territories of all the municipalities listed in Schedule A.1.

1969, c. 85, s. 205; 1977, c. 5, s. 14; 1990, c. 85, s. 50; 1999, c. 40, s. 67.

155. The corporate seat of the transit authority shall be situated within its territory, at the place determined by the transit authority.

After establishing or changing the location of its corporate seat, the transit authority shall have a notice of the location published in a newspaper circulated in its territory.

1969, c. 85, s. 206; 1990, c. 85, s. 50; 1999, c. 40, s. 67.

156. The object of the transit authority is to operate an undertaking for the public transport of passengers in all or part of its territory and, where provided for by a legislative provision, outside its territory.

1969, c. 85, s. 207; 1990, c. 85, s. 50; 1999, c. 40, s. 67.

157. (Repealed).

1969, c. 85, s. 208; 1990, c. 85, s. 51.

158. All the revenue of the transit authority shall be used to discharge its obligations and to operate, maintain and improve its transport network.

1969, c. 85, s. 209; 1990, c. 85, s. 110; 1999, c. 40, s. 67.

DIVISION II COMPOSITION AND OPERATION

159. The powers of the transit authority are exercised by its board of directors which represents the transit authority and administers its affairs.

1969, c. 85, s. 210; 1983, c. 29, s. 52; 1990, c. 85, s. 52; 1999, c. 40, s. 67.

160. The board of directors is composed of one representative of each municipality whose territory is included in that of the transit authority and served by its public transport network.

The council of each of the municipalities shall designate its representative from among its members.

The clerk or secretary-treasurer of each of the municipalities shall, before the first meeting of the board of directors which its representative must attend, transmit to the transit authority a certified copy of the resolution designating the representative.

1969, c. 85, s. 211; 1982, c. 2, s. 115; 1983, c. 29, s. 52; 1990, c. 85, s. 52; 1999, c. 40, s. 67.

161. Where a representative is absent or unable to act, the council of the municipality shall designate another of its members as representative, and the clerk or secretary-treasurer shall transmit to the transit authority, before the first meeting that the representative must attend, a certified copy of the resolution designating the representative. The designation is valid for as long as the absence or inability to act lasts, and until it is revoked by the council of the municipality, provided that the person designated thereby remains a member of the council.

The council of the municipality may, at any time, designate in advance one of its members to provisionally replace the representative of the municipality under the circumstances mentioned in the first paragraph.

If the replacement referred to in the second paragraph is absent or unable to act at a time when he should be replacing the representative, the representative shall be replaced by a member of the council of the municipality designated in accordance with the first paragraph for as long as both the representative and the replacement are absent or unable to act.

The resolution designating the replacement must specify that the replacement is provisional, failing which the replacement terminates the term of office of the person replaced as member of the board of directors.

1969, c. 85, s. 212; 1982, c. 2, s. 116; 1983, c. 29, s. 52; 1990, c. 85, s. 52; 1999, c. 40, s. 67.

162. The board of directors shall designate its chairman from among its members.

1969, c. 85, s. 213; 1979, c. 95, s. 32; 1983, c. 29, s. 52; 1990, c. 85, s. 52.

162.1. The term of office of a member of the board of directors is for an indefinite period.

A member of the board of directors ceases to hold that office upon being replaced, other than provisionally, upon ceasing to be a member of the municipal council or upon his resignation as member of the board of directors.

The chairman ceases to hold that office upon ceasing to be a member of the board of directors, upon being replaced as chairman or upon his resignation as chairman.

A resignation under the second or third paragraph takes effect on the date on which the secretary of the transit authority receives a writing to that effect signed by the person resigning.

1990, c. 85, s. 52; 1999, c. 40, s. 67.

162.2. Where the term of office of the person holding the office of chairman ends as a result of the expiration of his term of office as member of the council of a municipality, that person may continue to act as chairman until the appointment of his successor, unless he is prevented by law from attending the meetings of the board of directors.

1990, c. 85, s. 52.

163. The chairman shall preside over the meetings of the board of directors. He shall maintain order and decorum at the meetings and may expel any person causing a disturbance. He shall sign the by-laws and the minutes of the meetings over which he presides.

He shall represent the transit authority generally in any public function and in the negotiation of any matter concerning the transit authority.

1969, c. 85, s. 214; 1983, c. 29, s. 52; 1990, c. 85, s. 53; 1999, c. 40, s. 67.

164. Where the chairman is absent or unable to act or where the office of chairman is vacant and the person who last held that office does not continue to act as chairman until the appointment of his successor, the members present at a meeting of the board of directors shall designate one of their number to preside over the meeting and to temporarily hold the office of chairman.

The board of directors may, at any time, designate one of its members in advance as temporary replacement for the chairman in the circumstances mentioned in the first paragraph. The board may give that person the title of vice-chairman.

If the replacement referred to in the second paragraph is absent or unable to act at a time when he should be replacing the chairman, the chairman shall be replaced by a member of the board of directors designated in accordance with the first paragraph for as long as both the chairman and the replacement are absent or unable to act, or the office of chairman is vacant.

1969, c. 85, s. 215; 1983, c. 29, s. 52; 1990, c. 85, s. 54.

164.1. Each representative of a municipality on the board of directors has one vote; each representative has, where applicable, an additional vote for every 15 000 inhabitants of the municipality he represents. However, representatives of the city of Gatineau, the city of Hull or the town of Aylmer cannot have less than 6, 5 and 3 votes, respectively.

1990, c. 85, s. 54.

165. The decisions of the board of directors are made by a majority of the votes cast.

A majority of the members constitutes a quorum at a meeting of the board of directors.

1969, c. 85, s. 216; 1975, c. 90, s. 31; 1982, c. 2, s. 117; 1983, c. 29, s. 52; 1990, c. 85, s. 54.

165.1. Every member of the board of directors present at a meeting is required to vote unless, in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2), he is prevented from doing so as a result of his interest in the question concerned.

1990, c. 85, s. 55.

165.2. The board of directors may hold its meetings anywhere in the territory of the transit authority which is served by its public transport network.

1990, c. 85, s. 55; 1999, c. 40, s. 67.

165.3. The board of directors shall hold at least 10 regular meetings per calendar year.

It shall determine, by by-law, the days on which they are held and the time at which they begin.

1990, c. 85, s. 55; 1996, c. 52, s. 14.

166. The agenda paper for each regular meeting of the board of directors shall be prepared by the secretary of the transit authority and include the matters referred to him in due time or, in accordance with the internal management by-laws of the transit authority, by

(1)  the chairman;

(2)  (subparagraph repealed);

(3)  a group of three members of the board of directors.

The agenda paper of any regular meeting of the board of directors must also include any matter required by law to be discussed at such meeting.

It must also include any matter that is the subject of a written request signed by 50 or more residents of the territory of the transit authority and received by the secretary not later than 10 days before the meeting is held.

1969, c. 85, s. 217; 1983, c. 29, s. 52; 1990, c. 85, s. 56; 1999, c. 40, s. 67.

167. The special meetings of the board of directors are called by the secretary of the transit authority upon the request of the chairman or upon the written request of three or more members of the board of directors. The notice of convocation must mention the matters to be discussed, according to the request, and stands in lieu of an agenda paper.

The notice of convocation for a special meeting shall be sent by the secretary of the transit authority and delivered by an officer of the transit authority or a peace officer to each member of the board of directors at least 36 hours or, in exceptional circumstances, 24 hours before the time fixed for the opening of the meeting. The notice may also be sent by facsimile transmission, within the prescribed time, to each member of the board of directors.

1969, c. 85, s. 218; 1983, c. 29, s. 52; 1990, c. 85, s. 57; 1996, c. 52, s. 15; 1999, c. 40, s. 67.

168. The meetings of the board of directors are public.

Each meeting shall include a period during which persons present at the meeting may address oral questions to the members of the board of directors.

The secretary shall have a prior notice of the holding of each meeting published in a newspaper circulated in the territory of the transit authority.

The third paragraph does not apply in the case of a special meeting for which the notice of convocation is prepared less than 36 hours before the time fixed for the opening of the meeting.

1969, c. 85, s. 219; 1983, c. 29, s. 52; 1990, c. 85, s. 58; 1996, c. 52, s. 16; 1999, c. 40, s. 67.

169. The board of directors may adopt a by-law respecting the administration and internal management of the transit authority.

The by-laws may, in particular, prescribe the length and time of the question period at any of the meetings of the board of directors, and the procedure to be followed to put a question.

1969, c. 85, s. 220; 1983, c. 29, s. 52; 1990, c. 85, s. 59; 1999, c. 40, s. 67.

169.0.1. The board of directors may, by by-law, fix the remuneration or indemnity of its members. It may also, in the same by-law, fix an additional remuneration or indemnity for the chairman.

An indemnity is paid as reimbursement for the part of the expenses attached to the office which are not reimbursed pursuant to sections 169.0.4 to 169.0.8. The indemnity shall not exceed one half of the remuneration.

The by-law may have retroactive effect from 1 January of the year in which it comes into force.

1990, c. 85, s. 60.

169.0.2. The board of directors may, by by-law, where the replacement of the chairman under section 164 lasts for the number of days specified by the board, provide for the payment by the transit authority, to the person replacing the chairman, of an additional remuneration or indemnity equal to that of the chairman for the period beginning at the time specified and ending at the same time as the replacement.

1990, c. 85, s. 60; 1999, c. 40, s. 67.

169.0.3. A member of the board of directors shall receive the remuneration or indemnity provided for him by a by-law adopted under section 169.0.1 or 169.0.2, unless the application of section 23 of the Act respecting the remuneration of elected municipal officers (chapter T-11.001) prevents him from receiving such remuneration or indemnity, or reduces the amount thereof.

1990, c. 85, s. 60.

169.0.3.1. The board of directors may, by the by-law adopted under section 169.0.1, prescribe the conditions under which the failure of a member of the board of directors to attend a meeting or to fulfill his obligation to vote at a meeting entails a reduction in his remuneration or indemnity, and determine the rules for computing the reduction.

1995, c. 71, s. 20.

169.0.4. No member may, as part of his duties, perform any act involving expenses chargeable to the transit authority except with the prior authorization of the board of directors to perform the act and incur, in consequence thereof, expenses which do not exceed the amount fixed by the board.

However, the chairman of the board is not required to obtain prior authorization when acting in his capacity as representative of the transit authority.

1990, c. 85, s. 60; 1999, c. 40, s. 67.

169.0.5. A member of the board of directors who, as part of his duties, has incurred expenses chargeable to the transit authority is entitled, on presentation of a statement accompanied with the proper vouchers, to be reimbursed by the transit authority for the amount of the expenses, up to the maximum amount fixed in the prior authorization, where that is the case.

1990, c. 85, s. 60; 1999, c. 40, s. 67.

169.0.6. The board of directors may, by by-law, establish a tariff applicable where expenses chargeable to the transit authority are entailed by particular classes of acts performed in Québec, or within a radius of 100 kilometers from the place where the head office of the transit authority is located, for a purpose other than travel outside Québec or such radius, and prescribe what vouchers must be presented to prove that such an act was performed.

If such a by-law is in force, the prior authorization provided for in section 169.0.4 in respect of an act covered by the tariff is limited to the authorization to perform the act, without reference to the maximum amount of expenses allowed.

Notwithstanding section 169.0.5, a member of the board of directors who, as part of his duties, has performed an act covered by the tariff in force is entitled, on presentation of a statement accompanied with the vouchers prescribed in the by-law, to receive from the transit authority the amount prescribed in the tariff for that act.

1990, c. 85, s. 60; 1999, c. 40, s. 67.

169.0.7. The board of directors may provide sufficient appropriations in the budget of the transit authority for the reimbursement, pursuant to section 169.0.5 or 169.0.6, of expenses entailed by particular classes of acts that the members of the board may perform on behalf of the transit authority as part of their duties.

The prior authorization required by section 169.0.4 in respect of an act included in a class for which appropriations are provided in the budget is limited to the authorization to perform the act, without reference to the maximum amount of expenses allowed. The maximum amount is deemed to be the balance of the appropriations for acts of that class, after deducting all previous reimbursements, or, where applicable, the amount prescribed in the tariff for that act.

If no appropriations are available, the board of directors may appropriate, for the purposes of the first paragraph, all or part of the balance of the sums provided in the budget to cover emergencies; the sums so appropriated are considered to be appropriations.

1990, c. 85, s. 60; 1999, c. 40, s. 67.

169.0.8. Notwithstanding sections 169.0.6 and 169.0.7, the board of directors may fix the maximum amount of expenses allowed where it authorizes one of its members to perform an act which is covered by the tariff or which is in a class for which appropriations are provided in the budget.

Section 169.0.5 applies in such case even if the act is covered by the tariff.

1990, c. 85, s. 60.

169.0.9. Sections 169.0.4 to 169.0.8 apply in respect of acts performed or expenses incurred while the member of the board of directors is representing the transit authority otherwise than in the course of the work of bodies of which he is a member within the transit authority or another municipal body, or while he is participating in any convention, seminar or other event held for the purpose of providing information or training relevant to the performance of his duties.

Those sections also apply in respect of acts performed or expenses incurred, for the purposes of meals, at a meeting of the board of directors or another authority of the transit authority or another municipal body, or at any other meeting held in connection with such a meeting, to the extent that no member of the board of directors or of the authority concerned was excluded from the meeting for any cause other than the member’s disqualification.

1996, c. 27, s. 117; 1997, c. 93, s. 99; 1999, c. 40, s. 67.

169.1. The board of directors shall appoint the general manager of the transit authority.

1983, c. 29, s. 52; 1990, c. 85, s. 61; 1999, c. 40, s. 67.

169.2. Subject to this Act, the general manager has the following powers and duties:

(a)  to manage the affairs of the transit authority under the authority of the board of directors;

(b)  to have charge of the officers and employees of the transit authority and exercise over them the right of supervision and direction;

(c)  to ensure liaison between the board of directors and the officers and employees of the transit authority;

(d)  to ensure faithful and impartial observance and administration of this Act, and of the by-laws, resolutions and decisions of the transit authority.

In addition to his powers and duties under the first paragraph, the general manager shall have any other function that the transit authority may determine by by-law.

1983, c. 29, s. 52; 1990, c. 85, s. 62; 1999, c. 40, s. 67.

169.3. The board of directors shall appoint the secretary and the treasurer of the transit authority, and may appoint assistants for them.

Such officers shall perform the duties assigned to them by this Act and those which may be assigned to them by the by-laws or resolutions of the transit authority.

1983, c. 29, s. 52; 1990, c. 85, s. 63; 1999, c. 40, s. 67.

169.4. The secretary of the transit authority shall be the custodian of the seal and records of the transit authority. He shall sign the minutes and all contracts of the transit authority.

The minutes of the transit authority, approved and signed by the chairman of the meeting and by the secretary, shall be authentic; the same shall apply to documents and copies emanating from the transit authority or forming part of its records, when they are certified true by the secretary or the person in charge of access to documents of the transit authority.

The assistant secretary, if one is appointed, may perform all the duties of the office of secretary, with the same rights, powers and privileges.

1983, c. 29, s. 52; 1987, c. 68, s. 55; 1990, c. 85, s. 110; 1999, c. 40, s. 67.

169.5. The treasurer and the assistant treasurer of the transit authority, if one is appointed, shall have the same powers, privileges and duties, with the necessary modifications, as those provided by the Cities and Towns Act (chapter C‐19) for a treasurer or an assistant treasurer.

1983, c. 29, s. 52; 1990, c. 85, s. 110; 1999, c. 40, s. 67.

169.6. The general manager shall devote himself exclusively to the work of the transit authority and his duties of office; he shall not hold any other remunerated employment or occupation.

1983, c. 29, s. 52; 1990, c. 85, s. 110; 1999, c. 40, s. 67.

169.7. The office of general manager is incompatible with the office of member of the board of directors, the Council or of a council of a municipality whose territory is included in that of the transit authority or of officer or employee of the Community or such a municipality.

1983, c. 29, s. 52; 1990, c. 85, s. 64; 1996, c. 2, s. 498; 1999, c. 40, s. 67.

169.8. The board of directors may engage any other officer or employee of the transit authority that it considers useful thereto, other than those referred to in sections 169.1 and 169.3, and define his duties.

1983, c. 29, s. 52; 1987, c. 57, s. 778; 1990, c. 85, s. 65; 1999, c. 40, s. 67.

169.8.1. The board of directors shall establish the remuneration, benefits and other conditions of employment of the officers and employees of the transit authority.

1990, c. 85, s. 65; 1999, c. 40, s. 67.

169.9. A majority of two-thirds of the votes cast is required to authorize the transit authority to dismiss, suspend without pay or reduce the salary of the general manager, the secretary, the treasurer or any other officer or employee of the transit authority who is not an employee within the meaning of the Labour Code (chapter C‐27) and who has held office for at least six months.

Sections 71 and 72 apply, with the necessary modifications, to persons mentioned in the first paragraph.

1983, c. 29, s. 52; 1983, c. 57, s. 72; 1990, c. 85, s. 110; 1999, c. 40, s. 67.

169.9.1. Section 169.9 does not apply to a suspension without pay unless

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

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

1983, c. 57, s. 73.

169.10. The members of the board of directors, the general manager, the secretary, the treasurer and the assistants to the secretary and the treasurer cannot be sued by reason of official acts done in good faith in the exercise of their functions.

1983, c. 29, s. 52; 1990, c. 85, s. 66.

169.11. Except on a question of jurisdiction, no extraordinary recourse provided in articles 834 to 850 of the Code of Civil Procedure (chapter C‐25) may be exercised nor may any injunction be granted against the transit authority or any of the persons referred to in section 169.10 acting in his official capacity.

The first paragraph shall not prevent a municipality whose territory is included in that of the transit authority and served by its public transportation network from exercising such a recourse or from obtaining an injunction against the transit authority or against any such person acting in his official capacity.

1983, c. 29, s. 52; 1990, c. 85, s. 67; 1999, c. 40, s. 67.

169.12. (Replaced).

1983, c. 29, s. 52; 1990, c. 85, s. 67.

170. A judge of the Court of Appeal may, upon a motion, summarily annul any writ, order or injunction issued or granted contrary to section 169.11.

1969, c. 85, s. 221; 1979, c. 37, s. 43; 1990, c. 85, s. 67.

DIVISION III POWERS OF THE TRANSIT AUTHORITY

1990, c. 85, s. 68; 1999, c. 40, s. 67.

171. Sections 3, 73.1, 73.2, 76, 78, 79, 82 to 83.0.2, 235, 236, 240 to 242 and 247 apply, with the necessary modifications, to the transit authority.

In addition to the general powers contemplated by this title, the transit authority may exercise the following special powers:

(a)  with the approval of the Commission des transports du Québec, to make any agreement deemed useful with any undertaking for the public transport of passengers;

(b)  to lease, on its property, space for any business which it may determine and regulate the use of showcases and display windows in such establishments, and lease advertising space on its property and in its vehicles;

(c)  to acquire, possess and operate, by itself, any business at the places described in paragraph b;

(d)  to make by-laws respecting the conduct of persons in or on its vehicles and immovables;

(d.1)  to make by-laws respecting the tickets, transfers and passes used in respect of a service for the public transport of passengers organized by the transit authority;

(d.2)  to make by-laws respecting the alienation of any article lost and found in or on its vehicles or immovables;

(e)  to perform such work as it deems necessary or useful for the efficient operation of its services, including the power to build, possess and operate grounds and garages for parking, boarding platforms and bus-stop shelters, and to widen or straighten streets, with the approval of the municipality concerned where the work is performed in its territory;

(f)  to provide, within the limits of its territory, a special transportation service for handicapped persons who are unable to use the public transport system and for that purpose:

i.  directly possess, organize, develop and administer such a service;

ii.  make, with any undertaking providing transportation by bus or transportation by taxi or any non-profit organization, a contract to ensure, in whole or in part, operation of such a service;

iii.  (paragraph replaced);

(g)  to make, with any municipality whose territory is not included in that of the transit authority or any intermunicipal board, a contract to supply a special transportation service in the territory of the municipality or board for handicapped persons and to provide links to points outside the territory;

(h)  to make, with a public transit permit holder or a school bus carrier, a contract for the supply of certain public transport services in its territory.

The special service referred to in subparagraph f of the second paragraph may include links with points situated outside the territory of the transit authority.

1969, c. 85, s. 222; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1978, c. 7, s. 103; 1983, c. 29, s. 53; 1983, c. 45, s. 36; 1984, c. 23, s. 13; 1988, c. 25, s. 33; 1990, c. 85, s. 69; 1996, c. 52, s. 17; 1997, c. 53, s. 27; 1999, c. 40, s. 67; 1999, c. 59, s. 23; 1999, c. 82, s. 23.

171.1. The transit authority may make any contract deemed useful for the organization of shared transportation by taxi provided for in the Act respecting transportation by taxi (chapter T‐11.1).

1983, c. 46, s. 102; 1990, c. 85, s. 110; 1999, c. 40, s. 67.

171.2. Notwithstanding sections 82 and 171, the transit authority shall not alienate without the authorization of the Minister of Transport any property of a value of $25 000 or more for which it has specifically been awarded a grant.

The transit authority shall inform the Minister of Transport of the alienation of any other property for which it has specifically been awarded a grant within 15 days after the alienation.

1984, c. 47, s. 32; 1990, c. 85, s. 110; 1999, c. 40, s. 67.

172. The transit authority may, in accordance with law, make an agreement respecting the exercise of its jurisdiction with a government, one of its departments, an international organization and any body of that government or organization or with any other public body. It may carry out the agreement and exercise the rights and fulfil the obligations arising therefrom, even outside its territory.

1969, c. 85, s. 223; 1972, c. 55, s. 139; 1990, c. 85, s. 110; 1999, c. 40, s. 67; 1999, c. 59, s. 24.

172.1. The transit authority may entrust a mandate to any other public body providing public transport to acquire equipment for the transit authority. It may also accept such a mandate where it intends to acquire the same kind of equipment for itself.

The Minister of Transport may authorize the transit authority, where it accepts a mandate under the first paragraph, to make the joint purchase of equipment without a call for tenders.

1983, c. 45, s. 37; 1990, c. 85, s. 110; 1999, c. 40, s. 67.

172.2. The transit authority may contract with any municipality whose territory is not included in its territory or any intermunicipal board to supply public transport services to that municipality or board.

1983, c. 45, s. 37; 1990, c. 85, s. 110; 1996, c. 2, s. 499; 1999, c. 40, s. 67.

172.3. The transit authority may take any measure it considers appropriate to promote the organization and operation of a passenger transit system it does not itself operate, and provide support services to users of the transit system and to the persons organizing it.

1986, c. 64, s. 3; 1990, c. 85, s. 110; 1999, c. 40, s. 67.

172.4. Notwithstanding sections 83 and 171, the transit authority, without calling for tenders, may make a contract

(1)  for the supply of equipment, materials or services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or a body thereof;

(2)  with another public body providing public transport, for the supply of equipment, materials or services.

1988, c. 25, s. 34; 1990, c. 85, s. 110; 1999, c. 40, s. 67.

172.5. Notwithstanding sections 83 and 171, the chairman of the board of directors or, if the chairman is absent or unable to act and no other person is able to replace him in accordance with section 164, the director general may, in case of irresistible force of such a nature as to imperil the life or health of the population or seriously damage or impair the operation of the equipment of the transit authority, order any expenditure and award, without calling for tenders, any contract that he considers necessary to remedy the situation.

In such a case, the chairman or, if applicable, the director general must make a report with reasons to the board of directors at the following meeting.

1990, c. 85, s. 70; 1996, c. 52, s. 18; 1999, c. 40, s. 67.

173. The transit authority, with the authorization of the Minister of Municipal Affairs and Greater Montréal and the Minister of Transport, may acquire by agreement or by expropriation all or part of the assets or of the capital stock of any undertaking for the public transport of passengers operated wholly or for the most part within its territory.

To expropriate, it shall proceed by using the powers of the Community, adapted as required, except that in the case of acquisition by expropriation with prior possession, the transit authority shall previously deposit a sum equivalent to 75 % of the net operating revenue for the last fiscal year of the expropriated party, as established by the financial statements deposited with the Administrative Tribunal of Québec which shall issue a certificate thereof.

In the case of an acquisition contemplated in this section, section 45 of the Labour Code (chapter C‐27) shall apply.

This section has effect notwithstanding section 38 of the Expropriation Act (chapter E‐24).

1969, c. 85, s. 224; 1972, c. 55, s. 173; 1973, c. 38, s. 141; 1973, c. 39, s. 5; 1977, c. 5, s. 14; 1984, c. 38, s. 100; 1986, c. 61, s. 66; 1988, c. 21, s. 66; 1990, c. 85, s. 71; 1997, c. 43, s. 191; 1999, c. 40, s. 67; 1999, c. 43, s. 13.

174. As soon as the transit authority acquires all of the capital stock of a public transport undertaking, the functions of the directors of the undertaking then in office shall cease and the members of the board of directors shall become the sole directors of such undertaking, without remuneration, and without personally being shareholders of such undertaking, notwithstanding any inconsistent provision of any law, charter or by-law.

1969, c. 85, s. 225; 1983, c. 29, s. 54; 1990, c. 85, s. 72; 1999, c. 40, s. 67.

175. Every issue of shares or bonds made by a public transport undertaking after the date of the resolution of the transit authority ordering the expropriation of the capital stock of such undertaking shall be without effect.

1969, c. 85, s. 226; 1990, c. 85, s. 110; 1999, c. 40, s. 67.

176. In the case of an expropriation contemplated by section 173, the Administrative Tribunal of Québec shall have jurisdiction to fix the conditions for the expropriation and the indemnity.

1969, c. 85, s. 227; 1972, c. 55, s. 173; 1973, c. 39, s. 5; 1986, c. 61, s. 66; 1988, c. 21, s. 66; 1997, c. 43, s. 192.

177. Notwithstanding any law, agreement, trust deed or other provision, none of the provisions of this Act or the exercise of any of the powers which it assigns to the transit authority, or any of the acts which it authorizes shall have the effect of putting a public transport undertaking in default under the terms of the agreements and trust deeds relating to bonds, or of making the payment exigible before maturity, or of enabling the creditors or the trustees or representatives of the creditors to exercise the powers and recourses contemplated in the case of default of the public transport undertaking as regards such bonds, except in the case where payment of the debt has not been assumed by the transit authority.

1969, c. 85, s. 228; 1990, c. 85, s. 110; 1999, c. 40, s. 67.

178. The assumption of the obligations of a public transport undertaking by the transit authority shall be in lieu of all hypothecs relating thereto and encumbering the property of such undertaking, and such hypothecs shall be extinguished.

The cancellation of the registration of such hypothecs shall be effected by the presentation, in the office of the registration division contemplated, of a requisition therefor, signed by the chairman and the secretary of the transit authority, attesting that it has acquired the ownership and final possession of the pertinent movable and immovable property, designating the immovable property affected by such registration and specifying the registration numbers of the hypothecs to be cancelled. Such requisition shall constitute evidence of its contents until proof to the contrary without its being necessary to prove the authority of the signatories.

1969, c. 85, s. 229; 1983, c. 29, s. 55; 1990, c. 85, s. 110; 1992, c. 57, s. 506; 1999, c. 40, s. 67.

179. In the case of acquisition or expropriation of the capital stock of a public transport undertaking, all the property, rights and obligations of such undertaking shall devolve upon the transit authority, and the Government, whenever the total amount of the price or indemnity payable for the shares has been paid to those entitled thereto or deposited in accordance with the law, may cancel the charter of the public transport undertaking by order in council.Notice of the passing of such order in council shall be published in the Gazette officielle du Québec and the cancellation shall take effect from the date fixed by the order in council. If there then remain any claims or judicial proceedings pending between such undertaking and third parties, the transit authority, from the cancellation of the charter of such undertaking, shall be in the rights and obligations of such undertaking; upon such cancellation, the transit authority, in all pending cases, shall be substituted for the undertaking of right and without proceedings in continuance of suit, and the judgments obtained shall be executory by or against the transit authority, as the case may be.

1969, c. 85, s. 230; 1990, c. 85, s. 110; 1999, c. 40, s. 67.

180. The transit authority, on its own authority and without any further approval, may establish, change, or cancel lines, replace autobus lines by lines of other means of public transport, change their routes and, for any such purpose, use any public street which it deems expedient in its territory.

The secretary shall transmit a notice of the decision referred to in the first paragraph to the interested municipalities and have the notice published in a newspaper circulated in the territory of the transit authority.

1969, c. 85, s. 231; 1990, c. 85, s. 73; 1999, c. 40, s. 67.

181. A decision made under section 180 takes effect fifteen days after the date of publication of the notice referred to in that section.

The board of directors may, however, provide that the decision takes effect on a later date or, if it considers that exceptional circumstances so warrant, ten days after the date of publication of the notice referred to in section 180.

The notice must mention the day on which the decision takes effect.

1969, c. 85, s. 232; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1990, c. 85, s. 74.

182. The transit authority shall, by resolution, fix the various passenger fares according to the classes of users it determines.

The secretary shall transmit a notice of the decision referred to in the first paragraph to the interested municipalities and have the notice published in a newspaper circulated in the territory of the transit authority. He shall have the passenger fares posted in the vehicles of the transit authority.

1969, c. 85, s. 233; 1983, c. 45, s. 38; 1990, c. 85, s. 75; 1999, c. 40, s. 67.

183. A decision made under section 182 takes effect thirty days after the date of publication of the notice referred to in that section.

The board of directors may, however, provide that the decision takes effect on a later date or, if it considers that exceptional circumstances so warrant, ten days after the date of publication of the notice referred to in section 182.

The notice must mention the day on which the decision takes effect.

1969, c. 85, s. 234; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1990, c. 85, s. 76.

184. The transit authority shall not be subject to the jurisdiction of the Commission des Transports du Québec otherwise than under a provision of this Act.

The Commission has no jurisdiction over transportation supplied on behalf of the transit authority under a contract referred to in subparagraph ii or iii of subparagraph f or subparagraph h of the second paragraph of section 171 or in section 171.1.

The regulations made by the Government under section 5 of the Transport Act (chapter T‐12) shall apply to the transit authority and to its means of transport or transport systems. However, the Government may, by regulation, release the transit authority from the obligation of complying with one or several of the provisions of a regulation.

Section 416 of the Cities and Towns Act (chapter C‐19) shall apply, adapted as required, to the transit authority.

1969, c. 85, s. 235; 1972, c. 55, s. 140, s. 173; 1977, c. 5, s. 14; 1981, c. 8, s. 31; 1986, c. 64, s. 4; 1990, c. 85, s. 77; 1999, c. 40, s. 67.

185. The transit authority is exempt from any liability towards the owners of objects lost in or on its vehicles or immovables.

1969, c. 85, s. 236; 1990, c. 85, s. 78; 1999, c. 40, s. 67.

186. (Repealed).

1969, c. 85, s. 237; 1990, c. 85, s. 110; 1993, c. 75, s. 41.

DIVISION IV FINANCIAL PROVISIONS

187. For the purposes of the adoption of the transit authority’s budget for the next fiscal year, the treasurer shall, not later than 15 October each year, determine in a certificate the appropriations he considers necessary for the expenditures incurred in respect of the interest on securities issued or to be issued by the transit authority, to repay or redeem such securities, to establish their sinking funds, to cover any other charge related to the debt of the transit authority and to assume the obligations of the transit authority arising from collective agreements or from its by-laws, or arising under regulatory or legislative provisions. However, amounts required in principal, interest and accessories which concern renewable loans falling due during that fiscal year shall not be included.

1969, c. 85, s. 238; 1990, c. 85, s. 79; 1999, c. 40, s. 67; 1999, c. 90, s. 12.

188. The appropriations provided in the certificate shall be included in the budget of the transit authority.

The budget shall also include a separate appropriation of not more than 1.5 % of the expenses as a reserve for unforeseen administration and operation costs.

1969, c. 85, s. 239; 1975, c. 90, s. 31; 1983, c. 29, s. 56; 1990, c. 85, s. 79; 1999, c. 40, s. 67.

188.1. The treasurer may amend the certificate until 31 December preceding the fiscal year, if the appropriations mentioned therein have not been adopted.

The treasurer shall transmit such an amendment to the secretary who shall give notice thereof to the board of directors at the next meeting.

1990, c. 85, s. 79.

188.2. The board of directors shall, not later than 31 October preceding each fiscal year, hold a special meeting for the purpose of adopting the budget of the transit authority for that fiscal year.

The meeting shall be adjourned as often as necessary and shall not be closed until the budget has been adopted.

1990, c. 85, s. 79; 1999, c. 40, s. 67.

188.3. The board of directors is not bound to adopt simultaneously all the appropriations of the budget. It may also adopt an appropriation separately.

The board of directors may, before 1 January, adopt temporarily, for a period of three months, one-quarter of every appropriation provided for in the budget. It may, in the same manner, adopt one-quarter of every appropriation before each period beginning 1 April, 1 July and 1 October.

It may also adopt, at the same time:

(1)  three-quarters of every appropriation, if it does so before 1 April;

(2)  one-half of every appropriation, if it does so before 1 July.

1990, c. 85, s. 79.

188.4. If, on 1 January, the budget of the transit authority has not been adopted, the appropriations provided for in the certificate of the treasurer and included in the budget are deemed to be adopted and shall come into force.

1990, c. 85, s. 79; 1999, c. 40, s. 67.

188.5. During a fiscal year, the board of directors may adopt a supplementary budget by following the same procedures employed for the adoption of the annual budget, adapted as necessary.

However, the meeting held for the purpose of adopting the supplementary budget may close before it has been adopted. If the supplementary budget has not been adopted within 15 days from the opening of the meeting, the appropriations mentioned in the certificate of the treasurer and included in the supplementary budget, if any, shall be deemed adopted and come into force.

1990, c. 85, s. 79.

189. The secretary shall, within 30 days of its adoption, transmit a certified copy of the budget or supplementary budget to the Minister of Municipal Affairs and Greater Montréal and the Minister of Transport.

1969, c. 85, s. 240; 1983, c. 29, s. 57; 1990, c. 85, s. 79; 1999, c. 43, s. 13.

190. Sections 132, 140 and 141 apply, with the necessary modifications, to the transit authority.

1969, c. 85, s. 241; 1979, c. 72, s. 437; 1983, c. 29, s. 58; 1990, c. 85, s. 110; 1999, c. 40, s. 67.

191. Any transfer of funds in the budget must be approved by the board of directors.

1969, c. 85, s. 242; 1975, c. 90, s. 31; 1983, c. 29, s. 59; 1990, c. 85, s. 80.

191.1. Sections 153.13 to 153.18 apply, adapted as required, to the transit authority. Notwithstanding the second paragraph of section 153.14, the financial reserve of the transit authority may be made up only of sums from the portion of the general fund of the transit authority allocated for that purpose by the board of directors.

2000, c. 19, s. 14.

192. (Repealed).

1969, c. 85, s. 243; 1977, c. 5, s. 14; 1983, c. 29, s. 59; 1984, c. 32, s. 32; 1990, c. 85, s. 81; 1991, c. 32, s. 180.

193. The payment of the net amount of the expenses of the transit authority to be apportioned, including the part which results from the payment of interest on and amortization of the loans of the transit authority, shall be charged to the municipalities whose territories are served by the transit authority’s public transport network either by the circulation of vehicles of the transit authority in their territory, or by any other indirect manner that the transit authority decides to take into account. Such net amount of expenses shall be apportioned among those municipalities in proportion to the number of kilometres travelled in the territory of each municipality, the number of hours during which each vehicle of the transit authority ran in the territory of each municipality, the population of each municipality or the fiscal potential of each within the meaning of section 261.7 of the Act respecting municipal taxation (chapter F‐2.1), or any other criterion fixed by the transit authority, or in proportion to several of those criteria.

The number of kilometres covered and hours spent by the transit authority’s vehicles within the territory of each municipality may be determined by sampling.

The transit authority is not required to apportion the net amount of expense connected with the various means of public transport or that connected with various lines of a single means of public transport among the same municipalities or according to the same criteria.

1969, c. 85, s. 244; 1979, c. 72, s. 438; 1980, c. 34, s. 66; 1982, c. 2, s. 118; 1983, c. 29, s. 60; 1983, c. 57, s. 74; 1986, c. 35, s. 4; 1990, c. 85, s. 82; 1991, c. 29, s. 7; 1991, c. 32, s. 181; 1999, c. 40, s. 67.

193.0.1. The board of directors shall prescribe, by by-law, the basis of apportionment, in accordance with section 193, of the amount contemplated therein, the terms and conditions for determining the aliquot shares of such amount and the terms and conditions of payment of the aliquot shares by the municipalities.

The by-law may prescribe conditions subject to which the territory of a municipality is deemed to be served by the public transit network of the transit authority other than the circulation of the vehicles of the transit authority, or may prescribe any criterion of apportionment other than those specified in section 193. In either case, the by-law must be approved by the Minister of Transport.

The by-law may also, in particular, determine the period for which the number of kilometres travelled and the number of hours spent by the vehicles of the transit authority in the territory of each municipality are to be considered and prescribe, for every situation provided for in sections 188.2 to 188.5,

(1)  the date on which the data used to establish provisionally or finally the prescribed basis of apportionment are to be considered;

(2)  the time limit for determining each aliquot share and for informing each municipality of it;

(3)  the obligation of a municipality to pay its aliquot share in a single payment or its right to pay it in a certain number of instalments;

(4)  the time limit within which each instalment must be paid;

(5)  the rate of interest payable on an outstanding instalment;

(6)  the adjustments that may result from the deferred coming into force of all or part of the budget of the transit authority or from the successive use of provisional and final data in determining the prescribed basis of apportionment.

Instead of fixing the rate of interest payable on an instalment which is outstanding, the by-law may provide that such rate shall be fixed by a resolution of the board of directors when the budget of the transit authority is adopted.

1991, c. 32, s. 182; 1999, c. 40, s. 67.

193.1. The board of directors shall, each year, adopt a program of capital expenditures of the transit authority for the next three fiscal years.

The program shall be divided into annual phases. It shall describe, in respect of the period coincident therewith, the object, the amount and the mode of financing of the capital expenditures or expenses that the transit authority plans to incur or make and for which the financing period exceeds 12 months. The program shall also mention the capital expenditures that the transit authority plans to make beyond the period for which it applies, if those expenditures result from commitments made during that period.

1990, c. 85, s. 83; 1996, c. 27, s. 118; 1999, c. 40, s. 67.

193.2. (Repealed).

1990, c. 85, s. 83; 1995, c. 71, s. 21; 1996, c. 52, s. 19.

193.3. (Repealed).

1990, c. 85, s. 83; 1996, c. 52, s. 19.

194. The transit authority may contract loans in accordance with sections 145 to 150, which apply, adapted as required.

Sections 153 to 153.10 apply in the same manner to the audit and to the financial report of the transit authority, which must also be transmitted to the Minister of Transport with the auditor’s report.

1969, c. 85, s. 245; 1972, c. 55, s. 141; 1977, c. 80, s. 16; 1977, c. 5, s. 14; 1984, c. 38, s. 101; 1990, c. 85, s. 84; 1999, c. 40, s. 67.

194.1. The bonds, notes and other debt securities and the cheques, bills of exchange and other negotiable instruments issued by the transit authority shall be signed by the chairman of the board of directors and the treasurer.

A facsimile of the signature of the chairman or the treasurer may be engraved, lithographed or printed on such documents and has the same effect as if they had been duly signed.

1990, c. 85, s. 85; 1999, c. 40, s. 67.

194.2. The Corporation may invest the monies belonging to it by purchasing shares in a mutual fund provided for in the third paragraph of section 99 of the Cities and Towns Act (chapter C-19).

The Minister may, by regulation, determine other securities in which the Corporation may invest the monies belonging to it through a mutual fund referred to in the first paragraph.

1996, c. 77, s. 39.

DIVISION V GENERAL PROVISIONS

195. Without the authorization of the transit authority, no person shall in any manner use the name of the transit authority or of any one of its services, or its emblem or graphic symbol.

Without prejudice to the other recourses of the transit authority, any person infringing this section shall be liable, for each offence, to a fine of not more than $200.

1969, c. 85, s. 246; 1990, c. 4, s. 279; 1990, c. 85, s. 110; 1999, c. 40, s. 67.

195.1. The transit authority may, in the by-laws referred to in subparagraphs b, d and d.1 of the second paragraph of section 171, establish offences and prescribe for each of them a fine of not more than $500 and, for a second or subsequent conviction, a minimum fine of not more than $200 and a maximum fine of not more than $1 000.

The board of directors may designate specifically the officers or employees of the transit authority who are responsible for the enforcement of such by-laws.

1990, c. 85, s. 86; 1999, c. 40, s. 67.

196. (1)  The transit authority may provide charter transportation in its territory and from its territory to an outside point.

(2)  No permit shall be granted to any carrier by the Commission des transports du Québec for the operation of a sightseeing bus service within the territory of the transit authority unless the Commission, after calling upon the transit authority to submit to it the representations which it deems proper, is of opinion that the latter does not operate and is not about to operate such a sightseeing service which adequately meets the needs referred to in the application for the permit.

(3)  The transit authority may make a contract for school bussing within the scope of the Education Act (chapter I‐13.3), of the Act respecting private education (chapter E‐9.1) and of the General and Vocational Colleges Act (chapter C‐29). It may also make such a contract with an institution whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M‐25.1.1).

The transit authority has jurisdiction to carry out, even outside its territory, any contract it has made with a school board, provided the territory of that school board is comprised in the territory in which the transit authority operates.

(4)  The Commission des transports du Québec shall not issue a bus transport permit for the operation of any service wholly or partly within the territory of the transit authority or amend a permit so as to authorize the operation of such a service without first having invited the transit authority to submit its representations.

If the transit authority has not made known its intention to submit representations within 60 days of the invitation of the Commission, the latter may rule upon the application for a permit or for an amendment to a permit.

The Commission shall reject such part of the application which concerns services to which the transit authority has objected if they are urban transport services that would be operated within the territory of the transit authority.

1969, c. 85, s. 247; 1972, c. 55, s. 142, s. 173; 1977, c. 5, s. 14; 1981, c. 26, s. 20; 1983, c. 45, s. 39; 1986, c. 64, s. 5; 1988, c. 25, s. 35; 1988, c. 84, s. 563; 1989, c. 17, s. 4; 1990, c. 85, s. 87; 1992, c. 68, s. 156; 1994, c. 15, s. 33; 1996, c. 21, s. 70; 1999, c. 40, s. 67.

196.1. The transit authority, with the required authorizations, may also provide charter transportation and a sightseeing service from a point situated in the province of Ontario.

1983, c. 45, s. 40; 1986, c. 64, s. 6; 1990, c. 85, s. 110; 1999, c. 40, s. 67.

197. The transit authority shall submit to the Commission des transports du Québec, before they come into force, the fares to be charged in operating a sightseeing service.

1969, c. 85, s. 248; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1981, c. 26, s. 21; 1988, c. 25, s. 36; 1990, c. 85, s. 88; 1999, c. 40, s. 67.

198. The transit authority shall have sufficient interest to present to the Commission des transports du Québec any representations it deems proper respecting any application for a permit made by a carrier of passengers and covering all or part of the territory of the transit authority, respecting routes, stops or any other condition which might affect such permit.

Notice of such application for a permit shall be forwarded without delay by the Commission to the transit authority.

1969, c. 85, s. 249; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1990, c. 85, s. 89; 1997, c. 43, s. 193; 1999, c. 40, s. 67.

199. The transit authority shall, not later than 1 July each year, transmit to the Minister of Municipal Affairs and Greater Montréal and to the Minister of Transport, and to each municipality whose territory is served by its public transport network, a report of its activities during the preceding fiscal year.

1969, c. 85, s. 250; 1972, c. 55, s. 143; 1977, c. 5, s. 14; 1990, c. 85, s. 90; 1999, c. 40, s. 67; 1999, c. 43, s. 13.

TITLE III

Repealed, 1993, c. 36, s. 2.

1993, c. 36, s. 2.

200. (Repealed).

1969, c. 85, s. 251; 1977, c. 5, s. 14; 1993, c. 36, s. 2.

201. (Repealed).

1969, c. 85, s. 252; 1993, c. 36, s. 2.

202. (Repealed).

1969, c. 85, s. 253; 1993, c. 36, s. 2.

203. (Repealed).

1969, c. 85, s. 254; 1977, c. 5, s. 14; 1993, c. 36, s. 2.

204. (Repealed).

1969, c. 85, s. 255; 1975, c. 90, s. 28; 1986, c. 35, s. 5; 1993, c. 36, s. 2.

205. (Repealed).

1969, c. 85, s. 256; 1993, c. 36, s. 2.

206. (Repealed).

1969, c. 85, s. 257; 1986, c. 35, s. 6; 1993, c. 36, s. 2.

207. (Repealed).

1969, c. 85, s. 258; 1993, c. 36, s. 2.

208. (Repealed).

1969, c. 85, s. 259; 1993, c. 36, s. 2.

209. (Repealed).

1969, c. 85, s. 260; 1993, c. 36, s. 2.

210. (Repealed).

1969, c. 85, s. 261; 1993, c. 36, s. 2.

211. (Repealed).

1969, c. 85, s. 262; 1975, c. 90, s. 31; 1990, c. 85, s. 91; 1993, c. 36, s. 2.

212. (Repealed).

1969, c. 85, s. 263; 1987, c. 68, s. 56; 1993, c. 36, s. 2.

213. (Repealed).

1969, c. 85, s. 264; 1993, c. 36, s. 2.

214. (Repealed).

1969, c. 85, s. 265; 1993, c. 36, s. 2.

215. (Repealed).

1969, c. 85, s. 266; 1990, c. 85, s. 92; 1993, c. 36, s. 2.

216. (Repealed).

1969, c. 85, s. 267; 1990, c. 85, s. 93; 1993, c. 36, s. 2.

217. (Repealed).

1969, c. 85, s. 268; 1979, c. 37, s. 43; 1993, c. 36, s. 2.

218. (Repealed).

1969, c. 85, s. 269; 1993, c. 36, s. 2.

219. (Repealed).

1969, c. 85, s. 270; 1993, c. 36, s. 2.

220. (Repealed).

1969, c. 85, s. 271 (part); 1993, c. 36, s. 2.

221. (Repealed).

1974, c. 85, s. 5; 1993, c. 36, s. 2.

222. (Repealed).

1974, c. 85, s. 5; 1977, c. 5, s. 14; 1993, c. 36, s. 2.

223. (Repealed).

1974, c. 85, s. 5; 1993, c. 36, s. 2.

223.1. (Repealed).

1980, c. 34, s. 67; 1990, c. 85, s. 94; 1991, c. 32, s. 183; 1993, c. 36, s. 2.

223.2. (Repealed).

1990, c. 85, s. 95; 1993, c. 36, s. 2.

224. (Repealed).

1969, c. 85, s. 272; 1973, c. 38, s. 146; 1993, c. 36, s. 2.

225. (Repealed).

1969, c. 85, s. 273; 1984, c. 32, s. 33; 1993, c. 36, s. 2.

226. (Repealed).

1969, c. 85, s. 274; 1993, c. 36, s. 2.

227. (Repealed).

1969, c. 85, s. 275; 1993, c. 36, s. 2.

228. (Repealed).

1969, c. 85, s. 276; 1993, c. 36, s. 2.

229. (Repealed).

1969, c. 85, s. 277; 1993, c. 36, s. 2.

230. (Repealed).

1969, c. 85, s. 278; 1993, c. 36, s. 2.

231. (Repealed).

1969, c. 85, s. 279; 1990, c. 85, s. 96.

232. (Repealed).

1969, c. 85, s. 280; 1993, c. 36, s. 2.

TITLE IV GENERAL PROVISIONS

233. The Government may issue letters patent to include in the territory of the Community and in the territory of the transit authority the contiguous territory of any local municipality which applies therefor.

1969, c. 85, s. 281; 1990, c. 85, s. 97; 1999, c. 40, s. 67.

234. (Repealed).

1969, c. 85, s. 282; 1983, c. 29, s. 61.

235. Every Municipal Court in the territory of the Community shall have jurisdiction to hear any infringement of the by-laws of the Community.

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

The costs relating to proceedings instituted before a municipal court belong to the municipality under the jurisdiction of that court, except the part of the costs remitted to another prosecuting party by the collector under article 366 of the Code of Penal Procedure (chapter C-25.1), and the costs remitted to the defendant or imposed on that municipality under article 223 of the said Code.

1969, c. 85, s. 283; 1990, c. 4, s. 280; 1992, c. 61, s. 204.

236. The Community may institute penal proceedings for an offence under a provision of any of its by-laws.

1969, c. 85, s. 284; 1990, c. 4, s. 281; 1992, c. 61, s. 205.

237. The Community, in collaboration with the associations which represent the employees of municipalities whose territories are included in its territory for the purposes of making collective agreements, may prepare, make and revise one or several draft models of collective agreements recommending monetary clauses and normative clauses for the municipalities and their employees.

1969, c. 85, s. 285; 1996, c. 2, s. 500.

238. Sections 591 to 604 of the Cities and Towns Act (chapter C‐19) shall apply, adapted as required, to the Community.

The above-mentioned sections apply in the case of judgments rendered against the transit authority as regards municipalities liable for the payment of the net amount of expenses to be apportioned.

1969, c. 85, s. 286; 1983, c. 29, s. 62; 1990, c. 85, s. 98; 1999, c. 40, s. 67.

238.1. The provisions of Division XIII.1 of the Cities and Towns Act (chapter C‐19) apply, with the necessary modifications, to the Community and the transit authority.

1996, c. 27, s. 119; 1999, c. 40, s. 67.

239. Before 1 May each year, the Community shall transmit a summary report of its activities during the preceding fiscal year to the Minister and to each municipality whose territory is included in that of the Community.

It shall also, before the same date, transmit a copy of its financial statement and of the auditor’s report for the preceding fiscal year to each municipality contemplated in the first paragraph. The transit authority shall do the same with regard to the municipalities whose territories are served by its public transport network.

1969, c. 85, s. 287; 1977, c. 5, s. 14; 1984, c. 38, s. 102; 1990, c. 85, s. 99; 1999, c. 40, s. 67.

239.1. The Community or the transit authority shall provide the Minister of Municipal Affairs and Greater Montréal with any information he may require.

The transit authority has the same obligation toward the Minister of Transport.

1990, c. 85, s. 99; 1993, c. 36, s. 3; 1999, c. 40, s. 67; 1999, c. 43, s. 13.

240. Any time granted by this act to the Community to adopt any measure or to perform any act may be extended for a period not exceeding one year by the Government, upon application by the Community, by an order in council which shall be published in the Gazette officielle du Québec.

1969, c. 85, s. 288; 1999, c. 40, s. 67.

241. If the Community fails to make a by-law or a resolution within the time prescribed by this act, such by-law or such resolution may be made by the Government and shall be binding upon the Community in the same manner as if such by-law or such resolution had been made by the Community.

No by-law or resolution so passed by the Government shall be repealed or amended without the approval of the Government.

1969, c. 85, s. 289; 1999, c. 40, s. 67.

242. Nothing in this act shall be construed as preventing the Community from passing a resolution or by-law after the time prescribed by this act, but before such resolution or by-law is made by the Government.

1969, c. 85, s. 290; 1999, c. 40, s. 67.

243. (Repealed).

1969, c. 85, s. 292; 1977, c. 5, s. 14; 1983, c. 29, s. 63.

244. No objection made to the form or based upon the omission of any formality, even peremptory, shall be allowed in any action, suit or proceeding respecting any matter contemplated in this act, unless a real injustice would result from the dismissal of such objection or unless it relates to a formality the omission of which entails nullity under an express provision of this act.

1969, c. 85, s. 293.

245. No person who has complied with a notice or informed himself sufficiently in any way regarding the content or object thereof shall subsequently invoke insufficiency or defect in the form of such notice, or the failure to publish or to serve the same.

1969, c. 85, s. 294.

246. In addition to the case provided for in section 151, the facsimile of the signature of the director general, secretary, treasurer or head of the valuation department of the Community on a document he is authorized to sign has the same effect as the signature itself, if the use of the facsimile is authorized by the Council.

The first paragraph does not apply in respect of the original of a by-law or resolution adopted by the Council.

In addition to the case provided for in section 194.1, the first two paragraphs of this section apply, adapted as required, to a facsimile of the signature of the chairman of the board of directors, of the general manager, of the secretary or of the treasurer of the transit authority.

1969, c. 85, s. 295; 1975, c. 90, s. 31; 1983, c. 29, s. 64; 1990, c. 85, s. 100; 1999, c. 40, s. 67.

247. The clerk or secretary-treasurer of any municipality whose territory is included in the territory of the Community must forward without cost to the Community, upon a request by the Community made by resolution of its Council, a copy of any document forming part of the records of such municipality.

1969, c. 85, s. 296; 1975, c. 90, s. 31; 1996, c. 2, s. 501.

248. The Community is a municipality within the meaning of the Act respecting the Ministère des Affaires municipales et de la Métropole (chapter M‐22.1), the Act respecting the Commission municipale (chapter C‐35), the Municipal Aid Prohibition Act (chapter I‐15), the Public Health Protection Act (chapter P‐35) and the Labour Code (chapter C‐27).

The transit authority is, for the purposes of section 23 of the Act respecting the Ministère des Relations internationales (chapter M‐25.1.1) and section 3.11 of the Act respecting the Ministère du Conseil exécutif (chapter M‐30), considered to be an urban community.

1969, c. 85, s. 297; 1972, c. 42, s. 56, s. 64; 1972, c. 49, s. 128; 1983, c. 29, s. 65; 1990, c. 85, s. 101; 1994, c. 15, s. 33; 1996, c. 2, s. 502; 1996, c. 21, s. 70; 1999, c. 40, s. 67; 1999, c. 43, s. 13.

248.1. A person making an application to a municipality of the territory of the Community under section 58 of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1) shall send an additional copy of it to the Community.

The Community may exercise in respect to such application the same powers as a municipality under section 59 of the said Act and, where such is the case, it is subject to the same obligations.

The Community may act under this section jointly with the municipality contemplated in the first paragraph.

1983, c. 29, s. 65; 1996, c. 2, s. 503; 1996, c. 26, s. 85.

249. If any appointment contemplated by this act has not been made within the prescribed time, it may be made by the Minister; however, with the permission of the Minister, it may be made even after the expiry of such time by the persons to whom this act assigns such duty.

1969, c. 85, s. 298; 1999, c. 40, s. 67.

250. (Repealed).

1969, c. 85, s. 299; 1975, c. 90, s. 31; 1983, c. 29, s. 66; 1990, c. 85, s. 102.

251. For the purposes of paying its aliquot share of the expenses of the Community, including those relating to any service governed by a special tariff and those the apportionment of which is based on any criterion other than fiscal potential, or for the purposes of paying its aliquot share of the net anticipated amount of expenses of the transit authority to be apportioned, every municipality may, in addition to its power to use a tariff under section 244.1 of the Act respecting municipal taxation (chapter F‐2.1), impose a special property tax based on the value of the taxable immovables situated in its territory.

1969, c. 85, s. 300; 1977, c. 5, s. 14; 1979, c. 72, s. 439; 1983, c. 29, s. 67; 1990, c. 85, s. 103; 1999, c. 40, s. 67.

251.1. Each municipality shall pay its share pay its share according to the terms and conditions provided by the by-law contemplated in section 143.2 or 193.0.1.

Any instalment unpaid when due bears interest, without formal notice, at the rate provided by the by-law or, where such is the case, by the resolution contemplated in section 143.2 or 193.0.1.

1983, c. 29, s. 68; 1991, c. 32, s. 184.

251.2. The Community or, as the case may be, the transit authority, may have any municipality advised by formal notice that it must pay its aliquot share within ninety days of the day the formal notice is sent.

If a municipality fails to comply with the formal notice within the prescribed period, the Commission municipale du Québec, upon the request of the Community or, as the case may be, of the transit authority, may present a petition to have such municipality declared in default in accordance with Division VI of the Act respecting the Commission municipale (chapter C‐35).

1983, c. 29, s. 68; 1990, c. 85, s. 104; 1999, c. 40, s. 67.

251.3. Where the Community or the transit authority makes an adjustment to the shares of the municipalities in accordance with the regulations under section 143.2 or 193.0.1, the tax accounts of the municipalities must take such adjustment into account. If the accounts have been sent before the adjustment, new accounts must be sent which cancel the first. If, by virtue of the first account, a taxpayer has paid a sum greater than the sum he must pay by virtue of the second account, the municipality shall refund the difference to him within thirty days of the sending of the second account.

Notwithstanding the first paragraph, the municipality may decide to exact the tax supplement by adding it to the account for the ensuing fiscal year or refund any overpayment by giving to the taxpayer an equivalent credit on his account for the ensuing fiscal year.

The amount of the supplement bears interest from the date on which it is exigible following the sending of a demand for payment, in accordance with the law governing the municipality. The amount of any overpayment bears interest at the same rate as the tax contemplated, from the date the overpayment was made.

1983, c. 29, s. 68; 1990, c. 85, s. 105; 1991, c. 32, s. 185; 1999, c. 40, s. 67.

252. (Repealed).

1969, c. 85, s. 301; 1983, c. 29, s. 69.

253. (Repealed).

1969, c. 85, s. 302; 1983, c. 29, s. 69.

254. (Repealed).

1969, c. 85, s. 303; 1977, c. 5, s. 14; 1983, c. 29, s. 69.

255. (Repealed).

1969, c. 85, s. 304; 1977, c. 5, s. 14; 1983, c. 29, s. 69.

256. (Repealed).

1969, c. 85, s. 305; 1977, c. 5, s. 14; 1983, c. 29, s. 69.

257. (Repealed).

1969, c. 85, s. 306; 1983, c. 29, s. 69.

258. (Repealed).

1969, c. 85, s. 307; 1983, c. 29, s. 69.

259. (Repealed).

1969, c. 85, s. 308; 1983, c. 29, s. 69.

260. The social benefits accrued to the credit of an officer or employee of the Government of Canada, of the Gouvernement du Québec or of a municipality in a plan or fund administered by either one of such employers, by one of such employers and his employees or by a third party on behalf of such persons, shall be transferable upon the application of the officer or employee transferred to the employ of the Community or of the transit authority and viceversa, the whole upon such conditions as are fixed by the Régie des rentes du Québec.

1969, c. 85, s. 309; 1977, c. 5, s. 14; 1990, c. 85, s. 106; 1993, c. 36, s. 4; 1999, c. 40, s. 67.

261. From 1 January 1970, no municipality whose territory is included in that of the Community shall, without the authorization of the Council, lease or alienate in any manner any property then set aside or which it subsequently sets aside, in whole or in part, for the purposes contemplated in section 84.

1969, c. 85, s. 310; 1975, c. 90, s. 31; 1996, c. 2, s. 506; 1999, c. 40, s. 67.

262. For the purposes of this act, the population of the Community shall consist of the aggregate populations of the municipalities of its territory.

1969, c. 85, s. 311; 1988, c. 19, s. 253.

263. (Repealed).

1969, c. 85, s. 312; 1990, c. 85, s. 107; 1993, c. 36, s. 5.

264. (Repealed).

1969, c. 85, s. 313; 1983, c. 29, s. 70.

265. (Repealed).

1969, c. 85, s. 314; 1983, c. 29, s. 70.

266. (Repealed).

1969, c. 85, s. 315; 1977, c. 5, s. 14; 1979, c. 51, s. 253; 1990, c. 85, s. 108; 1993, c. 36, s. 6.

267. The Minister of Municipal Affairs and Greater Montréal shall be entrusted with the carrying out of this Act.

1969, c. 85, s. 316; 1999, c. 43, s. 13.

268. (Repealed).

1969, c. 85, s. 328; 1979, c. 72, s. 441; 1982, c. 2, s. 119; 1983, c. 29, s. 71; 1984, c. 32, s. 34; 1991, c. 32, s. 186.

269. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

SCHEDULE A

Town of Aylmer, city of Buckingham, city of Gatineau, city of Hull, town of Masson-Angers.

1969, c. 85, Schedule A; 1974, c. 88, s. 31; 1975, c. 90, s. 29; 1979, c. 95, s. 33; 1988, c. 72, s. 22; 1990, c. 85, s. 109; 1996, c. 2, s. 504.

SCHEDULE A.1

Town of Aylmer, city of Buckingham, municipality of Cantley, municipality of Chelsea, city of Gatineau, city of Hull, municipality of L’Ange-Gardien, municipality of La Pêche, town of Masson-Angers, municipality of Notre-Dame-de-la-Salette, municipality of Pontiac, municipality of Val-des-Monts.

1990, c. 85, s. 109; 1996, c. 2, s. 505.

SCHEDULE B

(Repealed).

1969, c. 85, Schedule B; 1974, c. 88, s. 31; 1979, c. 95, s. 34; 1988, c. 72, s. 23; 1993, c. 36, s. 7.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 85 of the statutes of 1969, in force on 1 November 1980, is repealed, except sections 99, 100, 102, the second paragraph of section 271, sections 291, 317 to 319 and 329 to 336, effective from the coming into force of chapter C-37.1 of the Revised Statutes.