M-28 - Act respecting the Ministère des Transports

À jour au 1^er octobre 2008

Ce document a valeur officielle.

chapter M-28

Act respecting the Ministère des Transports

The Ministère des Transports is designated under the name of Ministère des Transports, de la Mobilité durable et de l’Électrification des transports. Order in Council 33-2016 dated 28 January 2016, (2016) 148 G.O. 2 (French), 1258.

CHAPTER I DEPARTMENTAL ORGANIZATION AND OPERATION

1998, c. 13, s. 1.

1. The Minister of Transport, in this Act called “the Minister”, shall have the direction and administration of the Ministère des Transports.

He shall also be entrusted with the application of the laws and regulations respecting transportation and roads.

1972, c. 54, s. 1; 1977, c. 5, s. 14.

2. The functions of the Minister shall be to prepare policies relating to transportation and roads for Québec and propose them to the Government, to implement such policies and supervise the application and coordinate the carrying out thereof.

1972, c. 54, s. 2; 1977, c. 5, s. 14.

3. The Minister shall in particular:

(a)  make an inventory of the means of transport and transport systems, determine their nature, number and quality, and appraise their effectiveness in terms of the social and economic development of the various regions of Québec;

(b)  take measures to improve transportation services and for such purpose he may, in particular, carry out or cause to be carried out construction, maintenance and repair works of port, airport and railway facilities and, for shippers, enter into contracts for the transport of persons or goods by water;

(c)  promote the development and implementation of safety and accident prevention programs;

(d)  (paragraph repealed);

(e)  exercise supervision over the property of any railway built or subsidized by the Government, and over the works connected with or dependent on it;

(f)  see that the Automobile Insurance Act (chapter A‐25) is applied and, except for traffic supervision and prosecution for offences, see that the Highway Safety Code (chapter C‐24.2) is applied;

(f.1)  see that the Act respecting owners, operators and drivers of heavy vehicles (chapter P‐30.3) is applied;

(g)  (paragraph repealed);

(h)  promote the participation of individuals, groups and bodies in determining means to meet their needs in the field of transportation;

(i)  in respect of any highway that may be determined by the Government from among the highways to which the Act respecting roads (chapter V-9) does not apply, carry out, or cause to be carried out, construction, repair or maintenance work or delegate the power to carry out such work to a local municipality that consents thereto, and ensure the financing thereof;

(j)  see that the Act respecting roads is applied;

(k)  promote studies and scientific research in the field of transportation and roads;

(l)  obtain from the departments of the Government and the public bodies the available information respecting their programs, projects and needs regarding transportation and roads;

(m)  perform the other duties assigned to him by the Government.

For the purposes of subparagraph i of the first paragraph, the term “local municipality” includes a native community represented by its band council within the meaning of the Indian Act (Revised Statutes of Canada, 1985, chapter I-5) or the Cree-Naskapi (of Quebec) Act (Statutes of Canada, 1984, chapter 18). In addition, the work referred to therein may be carried out even outside the territory of the local municipality or the band council to which the powers are delegated.

1972, c. 54, s. 3; 1977, c. 5, s. 14; 1981, c. 7, s. 536; 1983, c. 40, s. 75; 1984, c. 23, s. 18; 1986, c. 67, s. 9; 1986, c. 91, s. 655; 1990, c. 38, s. 1; 1991, c. 72, s. 8; 1992, c. 54, s. 70; 1997, c. 40, s. 1; 2005, c. 39, s. 50.

4. The Government shall appoint a Deputy Minister of Transport, hereinafter called “the Deputy Minister”.

Under the direction of the Minister, the Deputy Minister shall supervise the employees of the department; he shall administer its day-to-day business and exercise the other powers assigned to him by the Government.

1972, c. 54, s. 4.

5. The orders of the Deputy Minister shall be carried out in the same manner as those of the Minister; his authority shall be that of the incumbent minister of the department and his official signature shall give force and effect to any document within the jurisdiction of the department.

1972, c. 54, s. 5; 1978, c. 15, s. 140.

6. The other functionaries and employees necessary for the proper administration of the department shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

1972, c. 54, s. 6; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 2000, c. 8, s. 242.

7. No deed, document or writing shall bind the department or be attributed to the Minister unless signed by him, the Deputy Minister or a functionary but, in the case of such functionary, only to the extent determined by regulation of the Government published in the Gazette officielle du Québec.

The Government may, however, on the conditions it fixes, allow the required signature to be affixed by means of an automatic device to such documents as it determines.

The Government may also allow a facsimile of the required signature to be engraved, lithographed or printed on such documents as it determines; in such case, the facsimile shall have the same force as the signature itself if the document is countersigned by a person authorized by the Minister.

1972, c. 54, s. 7.

8. Any copy of a document forming part of the records of the department, certified as true by the Minister, the Deputy Minister or an assistant deputy minister, shall be authentic and have the same force as the original.

1972, c. 54, s. 8.

8.1. (Repealed).

1978, c. 74, s. 1; 1983, c. 38, s. 70.

9. The Minister, the Deputy Minister or any other functionary or employee of the department, and every other person duly authorized by the Minister, may enter upon and pass over any private property, if necessary to do so in the performance of any duty imposed by any Act the carrying out of which is under the jurisdiction of the Minister.

1972, c. 54, s. 9.

10. The Minister, with the authorization of the Government, may make any agreement with any Government or body, in accordance with the interests and rights of Québec, to facilitate the carrying out of this Act.

1972, c. 54, s. 10.

10.1. The Minister may grant, on the conditions he determines, a subsidy to a municipality with a view to the building, rebuilding or maintenance of a municipal road or of a highway to which paragraph i of section 3 applies.

For the purposes of this section, the word “municipality” includes a native community represented by its band council within the meaning of the Indian Act (Revised Statutes of Canada, 1985, chapter I-5) or the Cree-Naskapi (of Quebec) Act (Statutes of Canada, 1984, chapter 18).

1992, c. 54, s. 71; 1997, c. 40, s. 2.

10.2. A subsidy under section 10.1 shall be granted in accordance with a regulation made under the Public Administration Act (chapter A‐6.01).

1992, c. 54, s. 71; 2000, c. 8, s. 240.

11. For the purposes of section 3, the Minister may acquire, by agreement or expropriation, or lease any property he considers necessary.

Furthermore, with the authorization of the Government and on the conditions it determines in each case, the Minister may, for the purpose of maintaining or establishing a suburban train service, acquire property or award contracts for the construction of a movable or immovable work, including facilities or infrastructures, and transfer such property or work to the Agence métropolitaine de transport.

1972, c. 54, s. 11; 1977, c. 5, s. 14; 1983, c. 40, s. 76; 1989, c. 20, s. 5; 1995, c. 65, s. 124.

11.1. The Minister may acquire, by agreement or expropriation, on behalf of the Government, its departments and agencies, any property he considers necessary for the construction, improvement, enlargement, maintenance and use of public works or buildings or for obtaining better access thereto.

1983, c. 40, s. 76.

11.2. The Minister, in order to obtain full or partial payment of an obligation in favour of the Minister of Revenue, may, at the request of the Minister of Revenue, acquire immovables already serving as real security for the discharge of that obligation.

1983, c. 40, s. 76.

11.3. The Minister may acquire, by agreement or expropriation, any disused railway area.

1983, c. 40, s. 76; 1991, c. 57, s. 3, s. 6.

11.4. All property acquired by the Minister forms part of the domain of the State and he may dispose of it as he sees fit, subject to section 11.5, when the property is no longer needed.

The Minister may also dispose of immovables acquired by other departments or agencies of which they themselves are unable to dispose when the immovables are no longer needed.

1983, c. 40, s. 76; 1986, c. 67, s. 10; 1991, c. 57, s. 1, s. 4; 1997, c. 46, s. 1.

11.5. The Minister may dispose of an immovable only on the conditions prescribed by a regulation adopted under the Act respecting contracting by public bodies (chapter C-65.1).

1983, c. 40, s. 76; 1984, c. 23, s. 19; 1991, c. 57, s. 2, s. 5; 2000, c. 8, s. 240; 2006, c. 29, s. 52.

11.5.1. Notwithstanding section 11.5, during a cadastral renovation, the Minister may transfer, by gratuitous title, all or part of an immovable the value of which is less than $5,000 in favour of the owner of a lot contiguous to the immovable.

The Minister shall, if he obtains the written consent of the owner of the lot, authorize the land surveyor preparing the cadastral renovation plan to enter that owner as the owner of the immovable.

Transfer of ownership is effected by the opening of a land file in the land register by the registrar.

The Act respecting duties on transfers of immovables (chapter D-15.1) and sections 28 and 29 of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1) do not apply to the transfer of an immovable by gratuitous title by the Minister pursuant to this section.

1997, c. 46, s. 2; 1996, c. 26, s. 85.

11.6. For the purposes of paragraph i of section 3, the Minister may, in contracts to which he is a party, including contracts awarded after calls for public tenders, stipulate that small bulk trucking enterprises that subscribe to the brokerage service of an association holding a brokerage permit issued under the Transport Act (chapter T‐12) shall participate in the performance of the contract to the extent and on the conditions he determines, particularly with respect to the tariff applicable.

The Minister may also require a municipality to include a similar stipulation for the benefit of such small enterprises in any contracts it awards in carrying out an agreement made with the Minister of Transport for the execution of road works referred to in paragraph i of section 3.

In carrying out an agreement referred to in the second paragraph, a municipality may even include the stipulation in contracts which also include works other than those provided for in the agreement.

The Minister may direct an association holding a brokerage permit to provide brokerage services, on the conditions the Minister determines, to the subscribers of an association that has applied for a brokerage permit under the Transport Act and enable those subscribers to participate in the performance of contracts referred to in the first paragraph until the decision of the Commission des transports on their association’s application for a brokerage permit takes effect. For the purposes of this paragraph, the Minister may designate a person to inquire into the activities and operation of the association holding the brokerage permit and report to the Minister. Failure to comply with the Minister’s direction is cause for revocation of the association’s brokerage permit.

The Minister may, on the conditions the Minister determines, issue a temporary permit to stand in lieu of a brokerage permit issued under the Transport Act to an association that has applied for a brokerage permit under that Act and enable the subscribers to the brokerage service of that association to participate in the performance of contracts referred to in the first paragraph until the decision of the Commission des transports on the association’s application for a brokerage permit takes effect. For the purposes of this paragraph, the Minister may designate a person to inquire into the activities, operation and representativeness of the association, to hold such consultations as the Minister determines and to report to the Minister. The temporary permit may be revoked or suspended by the Minister.

Except on a question of jurisdiction, no remedy under article 33 of the Code of Civil Procedure (chapter C‐25) or extraordinary recourse within the meaning of that Code may be exercised and no injunction may be granted against the Minister or the person designated by the Minister for acts performed under this section.

1987, c. 27, s. 1; 1996, c. 2, s. 740; 1999, c. 82, s. 21; 2000, c. 37, s. 1.

12. The Minister shall, within the six months following the end of each fiscal year, lay before the National Assembly a report of the activities of his department for such year.

1972, c. 54, s. 12.

12.1. The Government, by regulation, in respect of immovables under the administration of the Minister and of facilities and equipment therein, may

(a)  prohibit or regulate vehicle traffic or parking and cycle and pedestrian traffic;

(b)  determine the norms to be observed by persons stopping or staying thereon;

(c)  prohibit or regulate certain activities thereon;

(d)  prescribe fees for the use of the immovables, facilities and equipment and fix the amount thereof;

(e)  determine any prescription of a regulation to which a contravention is an offence.

1984, c. 23, s. 20.

12.1.1. The Government may, by regulation, prohibit the provision of road service or towing by a tow truck on all or part of a public road that it specifies among the roads, autoroutes and bridges or other infrastructures maintained by the Minister.

1991, c. 57, s. 7; 1997, c. 46, s. 3.

12.2. The Minister may make a contract to allow a person to carry on an activity otherwise prohibited by regulation under either of sections 12.1 and 12.1.1.

1984, c. 23, s. 20; 1991, c. 57, s. 8.

12.2.1. Every peace officer who, in the performance of his duties under this Act, has reasonable ground to believe that an object, a facility or equipment is used in contravention of a regulation under paragraph c of section 12.1 or 12.1.1, by a person not authorized by a contract made pursuant to section 12.2, or by his agent, may, without the permission of the owner, take possession thereof, remove it and store it at the owner’s expense.

The peace officer shall notify the Minister without delay of the name and address of the person who was in possession of the object, facility or equipment.

1987, c. 56, s. 1; 1991, c. 57, s. 9.

12.3. The Minister may cause any object left on property in contravention of the regulations under section 12.1 to be removed and stored at its owner’s expense.

The Minister may also dispose of the property in accordance with the rules of the Civil Code governing abandoned, lost or forgotten movable property.

1984, c. 23, s. 20; 1987, c. 56, s. 2; 1992, c. 57, s. 618.

12.3.1. (Repealed).

1987, c. 56, s. 2; 1992, c. 57, s. 619.

12.4. Every person who contravenes a prescription of any regulation under section 12.1 to which a contravention is an offence or under section 12.1.1 is guilty of an offence and liable to a fine of not less than $50 nor more than $200.

1984, c. 23, s. 20; 1990, c. 4, s. 584; 1991, c. 57, s. 10.

12.5. (Repealed).

1984, c. 23, s. 20; 1990, c. 4, s. 585; 1992, c. 61, s. 403.

12.6. (Repealed).

1984, c. 23, s. 20; 1992, c. 61, s. 403.

12.7. (Repealed).

1984, c. 23, s. 20; 1992, c. 61, s. 403.

12.8. (Repealed).

1984, c. 23, s. 20; 1992, c. 61, s. 404.

12.9. Every regulation made under this Act comes into force ten days after its publication in the Gazette officielle du Québec or on any later date determined therein.

1984, c. 23, s. 20.

12.10. The Government may establish boards or committees responsible, subject to the duties that may be assigned to any board or committee established by another Act, for advising the Minister on transportation matters and for performing, under his authority, any other duty assigned to them by the Government in carrying out the Acts under the administration of the Minister.

The Government may appoint members to the boards or committees and fix their attendance allowances, fees and terms of office.

1985, c. 35, s. 46.

12.11. (Repealed).

1990, c. 38, s. 2; 1991, c. 72, s. 9.

12.12. (Repealed).

1990, c. 38, s. 2; 1991, c. 72, s. 9.

12.13. (Repealed).

1990, c. 38, s. 2; 1991, c. 72, s. 9.

12.14. (Repealed).

1990, c. 38, s. 2; 1991, c. 72, s. 9.

12.15. (Repealed).

1990, c. 38, s. 2; 1991, c. 72, s. 9.

12.16. (Repealed).

1990, c. 38, s. 2; 1991, c. 72, s. 9.

12.17. (Repealed).

1990, c. 38, s. 2; 1991, c. 72, s. 9.

12.18. (Repealed).

1990, c. 38, s. 2; 1991, c. 72, s. 9.

12.19. (Repealed).

1990, c. 38, s. 2; 1991, c. 72, s. 9.

12.20. (Repealed).

1990, c. 38, s. 2; 1991, c. 72, s. 9.

12.21. (Repealed).

1990, c. 38, s. 2; 1991, c. 72, s. 9.

CHAPTER II SPECIAL FUNDS

1998, c. 13, s. 1.

DIVISION I FUND FOR THE CONTRIBUTIONS OF MOTORISTS TO PUBLIC TRANSIT

1998, c. 13, s. 1.

12.22. The “fund for the contributions of motorists to public transit” is hereby established.

1991, c. 32, s. 230.

12.23. The fund shall serve to finance the public transit services of the public bodies referred to in section 88.1 of the Transport Act (chapter T-12).

1991, c. 32, s. 230.

12.24. The fund is constituted of the contributions of motorists to public transit collected by the Société de l’assurance automobile du Québec under subparagraph 3 of the first paragraph of section 21 or section 31.1 of the Highway Safety Code (chapter C-24.2), after deducting the amount referred to in the second paragraph of section 88.4 of the Transport Act (chapter T-12).

Interests produced on the sums paid into the fund shall not be part of the fund.

1991, c. 32, s. 230.

12.25. The management of the sums constituting the fund shall be entrusted to the Minister of Finance. Such sums shall be paid to his order and deposited with the financial institution he determines.

The Minister of Transport shall keep the books of account of the fund. The Minister shall also ensure that payments do not exceed the available balances.

1991, c. 32, s. 230; 2000, c. 15, s. 128.

12.26. The sums constituting the fund shall be paid by the Minister of Transport to the public bodies referred to in section 88.1 of the Transport Act (chapter T-12) in accordance with the conditions established pursuant to section 88.5 of the said Act.

1991, c. 32, s. 230.

12.27. Sections 20, 21 and 26 to 28, Chapters IV and VI and sections 89 and 90 of the Financial Administration Act (chapter A‐6.01) apply to the fund, with the necessary modifications.

1991, c. 32, s. 230; 2000, c. 8, s. 169; 2000, c. 15, s. 129.

12.28. The fiscal year of the fund ends on 31 March each year.

1991, c. 32, s. 230.

12.29. Notwithstanding any provision to the contrary, the Minister of Finance shall, in the event of a deficiency in the consolidated revenue fund, pay out of the fund established by section 12.22 the sums required for the execution of a judgment against the State that has become res judicata.

1991, c. 32, s. 230; 1999, c. 40, s. 190.

DIVISION II OTHER SPECIAL FUNDS

1998, c. 13, s. 2.

12.30. The following funds are also established:

(1)  the “road network preservation and improvement fund”, to finance the work necessary for the preservation of roadways and road structures and for the improvement and development of the road network;

(1.1)  the “highway safety fund”, exclusively to finance highway safety measures or highway safety and road victim assistance programs;

(2)  the “rolling stock management fund”, to finance activities relating to the management of rolling stock.

1996, c. 58, s. 1; 1998, c. 13, s. 2; 2007, c. 40, s. 87.

§ 1 . — Road network preservation and improvement fund

1998, c. 13, s. 2.

12.31. The Government shall determine the date on which the fund begins to operate, its assets and liabilities and the nature of the expenses chargeable to it.

1996, c. 58, s. 1.

12.32. The fund shall be made up of the following sums, except interest:

(1)  the sums paid by the Minister of Transport out of the appropriations granted for that purpose by Parliament;

(2)  the sums paid by the Minister of Finance pursuant to the first paragraph of section 12.34 and to section 12.35;

(2.1)  the fee paid for the issue or renewal of a special permit issued under section 633 of the Highway Safety Code (chapter C-24.2) to authorize the operation of a road vehicle or combination of road vehicles equipped with single tires;

(3)  the gifts, legacies and other contributions paid into the fund to further the achievement of the objects of the fund.

The fees referred to in subparagraph 2.1 of the first paragraph are used to pay expenses incurred to improve roadway durability.

1996, c. 58, s. 1; 2008, c. 14, s. 117.

12.33. The management of the sums paid into the fund shall be entrusted to the Minister of Finance. Such sums shall be paid to the order of the Minister of Finance and deposited with the financial institutions he determines.

The Minister of Transport shall keep the books of account of the fund and record the financial commitments chargeable to it. The Minister shall also ensure that such commitments and the payments arising therefrom do not exceed and are consistent with the available balances.

1996, c. 58, s. 1; 2000, c. 15, s. 130.

12.34. The Minister of Finance may, with the authorization of the Government and subject to the conditions it determines, advance to the fund sums taken out of the consolidated revenue fund.

The Minister of Finance may conversely advance to the consolidated revenue fund, on a short-term basis and subject to the conditions he determines, any part of the sums paid into the fund that is not required for its operation.

An advance paid to a fund shall be repayable out of the fund.

1996, c. 58, s. 1.

12.35. The Minister of Transport may, as manager of the fund, borrow from the Minister of Finance sums taken out of the financing fund of the Ministère des Finances.

1996, c. 58, s. 1.

12.36. The sums necessary for payment of the remuneration and expenses pertaining to the social benefits and other conditions of employment of the persons assigned, in accordance with the Public Service Act (chapter F-3.1.1), to activities related to the fund shall be paid out of the fund.

1996, c. 58, s. 1.

12.37. Sections 20, 21 and 26 to 28, Chapters IV and VI and sections 89 and 90 of the Financial Administration Act (chapter A‐6.001) apply to the fund, with the necessary modifications.

1996, c. 58, s. 1; 2000, c. 8, s. 170; 2000, c. 15, s. 131.

12.38. The fiscal year of the fund ends on 31 March.

1996, c. 58, s. 1.

12.39. Notwithstanding any provision to the contrary, the Minister of Finance shall, in the event of a deficiency in the consolidated revenue fund, pay out of the fund the sums required for the execution of a judgment against the State that has become res judicata.

1996, c. 58, s. 1; 1999, c. 40, s. 190.

§ 1.1 . — Highway safety fund

2007, c. 40, s. 88.

12.39.1. The fund is made up of the following, exclusive of the interest earned:

(1)  fines referred to in paragraphs 1.2 and 1.3 of section 648 of the Highway Safety Code (chapter C-24.2), except fines belonging to a municipality in accordance with an agreement under the second paragraph of section 597.1 of that Code;

(1.1)  costs awarded in proceedings that lead to the imposition of a fine referred to in paragraph 1;

(2)  sums paid by the Minister of Transport out of the appropriations granted for that purpose by Parliament;

(3)  sums paid by the Minister of Finance under the first paragraph of section 12.34 and section 12.35;

(4)  gifts, legacies and other contributions paid into the fund to further the achievement of the objects of the fund.

2007, c. 40, s. 88; 2008, c. 14, s. 118.

In paragraph 1, the following words are not in force: “, except fines belonging to a municipality in accordance with an agreement under the second paragraph of section 597.1 of that Code” (2007, c. 40, s. 106; Order in Council 857-2008 dated 3 September 2008; (2008) 140 G.O. 2, 4615).

12.39.2. Sections 12.31 and 12.33 to 12.39 apply to the fund.

The Minister of Transport shall establish an advisory committee composed of five members of the Table québécoise de la sécurité routière chosen from among the members designated by the chair. The mandate of the committee is to advise the Minister annually on the use of the sums making up the fund.

2007, c. 40, s. 88.

§ 2 . — Rolling stock management fund

1998, c. 13, s. 3.

12.40. The fund shall be made up of the following sums, except interest:

(1)  the sums collected in connection with the goods and services financed by the fund;

(2)  the sums paid by the Minister of Transport out of the appropriations granted for that purpose by Parliament;

(3)  the sums paid by the Minister of Finance pursuant to the first paragraph of section 12.34 and to section 12.35;

(4)  the gifts, legacies and other contributions paid into the fund to further the achievement of the objects of the fund.

1998, c. 13, s. 3.

12.41. The activities of the fund shall consist in

(1)  the leasing of rolling stock;

(2)  the provision of services for the acquisition and disposal of rolling stock, subject to the provisions of the Act respecting the Centre de services partagés du Québec (chapter C‐8.1.1);

(3)  the repair and maintenance of rolling stock;

(4)  the supplying of fuel;

(5)  the provision of mechanical engineering services;

(6)  the provision of training services for rolling stock operators;

(7)  the provision of consultant services regarding the management of rolling stock;

(8)  any other similar activity related to the management of rolling stock and authorized by the Government.

Sections 12.31 and 12.33 to 12.39 apply to the fund.

1998, c. 13, s. 3; 2005, c. 7, s. 71.

12.42. The surpluses accumulated in the fund shall be paid into the consolidated revenue fund on the dates and to the extent determined by the Government.

1998, c. 13, s. 3.

13. (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.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 54 of the statutes of 1972, in force on 31 December 1977, is repealed, except sections 30 to 33, effective from the coming into force of chapter M-28 of the Revised Statutes.