R-25.01 - Act respecting the Réseau de transport métropolitain

À jour au 20 mai 2016

Ce document a valeur officielle.

not in force

chapter R-25.01

Act respecting the Réseau de transport métropolitain

CHAPTER I ESTABLISHMENT

2016, c. 8, s. 4.

1. The “Réseau de transport métropolitain” (Network) is established. The Network is a legal person established in the public interest.

The Network may choose to refer to itself by another name or by an acronym by sending a copy of a resolution to that effect to the enterprise registrar.

2016, c. 8, s. 4.

2. The Network’s property forms part of the municipal domain but the performance of its obligations may be levied against its property.

The Network binds only itself when it acts in its own name.

2016, c. 8, s. 4.

3. The Network’s area of jurisdiction comprises the territories of the Communauté métropolitaine de Montréal, the Kahnawake Indian Reserve and Ville de Saint-Jérôme.

2016, c. 8, s. 4.

4. The Network’s head office is located in the place it determines within its area of jurisdiction.

The Network publishes a notice of the location and of any change in location of the head office in the Gazette officielle du Québec and, at the same time, posts it on its website.

2016, c. 8, s. 4.

CHAPTER II GENERAL RESPONSIBILITIES

2016, c. 8, s. 4.

5. The Network operates an enterprise that provides shared transportation services, including paratransit services for handicapped persons.

The Network has exclusive jurisdiction to operate, in its area of jurisdiction, an enterprise that provides shared transportation services by suburban train.

The Network exercises its jurisdiction over all or part of its area of jurisdiction, or outside it, as determined by this Act and any agreement entered into under section 8 of the Act respecting the Autorité régionale de transport métropolitain (chapitre A-33.3).

2016, c. 8, s. 4.

6. The Network must

(1)  collaborate, at the request of the Autorité régionale de transport métropolitain, in the planning, development, support and promotion of shared transportation;

(2)  advise the Authority as regards the establishment, modification and removal of lines and routes, and propose to the Authority a transport plan for the Network’s entire area of jurisdiction;

(3)  build and maintain the infrastructures and equipment under its responsibility;

(4)  advise the Authority as regards prescribing standards of conduct to be observed by passengers in vehicles, train stations and parking areas and on platforms operated by the Network;

(5)  ensure the provision of services, taking into account the respective characteristics of the local municipalities of the North Shore and South Shore; and

(6)  carry out any other mandate conferred on it by the Authority.

For the purposes of this Act,

(1)  “local municipalities of the North Shore” means Ville de Blainville, Ville de Boisbriand, Ville de Bois-Des-Filion, Ville de Charlemagne, Ville de Deux-Montagnes, Ville de L’Assomption, Ville de Lorraine, Ville de Mascouche, Ville de Mirabel, Municipalité d’Oka, Municipalité de Pointe-Calumet, Ville de Repentigny, Ville de Rosemère, Ville de Saint-Eustache, Ville de Saint-Jérôme, Municipalité de Saint-Joseph-du-Lac, Paroisse de Saint-Sulpice, Ville de Sainte-Anne-des-Plaines, Ville de Sainte-Marthe-sur-le-Lac, Ville de Sainte-Thérèse and Ville de Terrebonne; and

(2)  “local municipalities of the South Shore” means Ville de Beauharnois, Ville de Beloeil, Municipalité de Calixa-Lavallée, Ville de Candiac, Ville de Carignan, Ville de Chambly, Ville de Châteauguay, Ville de Contrecoeur, Ville de Delson, Ville de Hudson, Ville de L’Île-Cadieux, Ville de L’Île-Perrot, Ville de La Prairie, Ville de Léry, Municipalité de Les Cèdres, Municipalité de McMasterville, Ville de Mercier, Ville de Mont-Saint-Hilaire, Ville de Notre-Dame-de-l’Île-Perrot, Ville d’Otterburn Park, Ville de Pincourt, Village de Pointe-des-Cascades, Ville de Richelieu, Municipalité de Saint-Amable, Ville de Saint-Basile-le-Grand, Ville de Saint-Constant, Paroisse de Saint-Isidore, Municipalité de Saint-Jean-Baptiste, Ville de Saint-Lazare, Municipalité de Saint-Mathias-sur-Richelieu, Municipalité de Saint-Mathieu, Municipalité de Saint-Mathieu-de-Beloeil, Municipalité de Saint-Philippe, Ville de Sainte-Catherine, Ville de Sainte-Julie, Municipalité de Terrasse-Vaudreuil, Ville de Varennes, Ville de Vaudreuil-Dorion, Village de Vaudreuil-sur-le-Lac and Municipalité de Verchères.

2016, c. 8, s. 4.

7. The Network may not, without the authorization of the Minister, alienate property having a value greater than $25,000 for which it has specifically been awarded a grant.

The Network may give to a charity any property having a value that does not exceed $10,000.

2016, c. 8, s. 4.

8. Twice a year, the Network publishes in a newspaper distributed in its area of jurisdiction and posts on its website a notice mentioning any property having a value greater than $10,000 that it alienated in the previous six months, the person to whom the property was alienated and the price of alienation.

2016, c. 8, s. 4.

9. Sections 92.1 to 108.2 of the Act respecting public transit authorities (chapter S-30.01) apply to the Network, with the necessary modifications, and the Network is deemed to be a public transit authority for the purposes of any regulation made under section 100 or 103.1 of that Act.

2016, c. 8, s. 4.

10. For the purpose of providing services to the Autorité régionale de transport métropolitain, the Network may enter into a subcontract with any person operating a shared transportation enterprise providing, in particular, bus transportation, paratransit, carpooling and shared taxi services.

2016, c. 8, s. 4.

11. The Network may not transfer all or part of its rights and obligations arising from an agreement entered into with the Autorité régionale de transport métropolitain under section 8 of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3).

2016, c. 8, s. 4.

CHAPTER III SPECIAL RESPONSIBILITIES

2016, c. 8, s. 4.

DIVISION I PUBLIC BUS TRANSPORTATION

2016, c. 8, s. 4.

12. The Network provides the Autorité régionale de transport métropolitain with bus transportation services in accordance with an agreement entered into under the first paragraph of section 8 of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3) in the territory of the local municipalities of the North Shore and South Shore.

It may also provide the Authority with the bus transportation services provided for in an agreement entered into under the third paragraph of section 8 of that Act.

2016, c. 8, s. 4.

13. The Network may enter into an agreement with the person responsible for the maintenance of a public highway to carry out work on that highway to facilitate the operation of the Network’s lines and routes.

The Network may, in particular,

(1)  designate lanes reserved for the exclusive use of certain classes of road vehicles or of road vehicles carrying the minimum number of passengers specified by the Network; and

(2)  enter into, with the person responsible for the maintenance of a public highway, any contract providing for compensation of all or part of the costs of establishing, maintaining and operating reserved traffic lanes, and take any other steps to ensure their safe use.

2016, c. 8, s. 4.

DIVISION II SUBURBAN TRAINS

2016, c. 8, s. 4.

14. The Network provides the Autorité régionale de transport métropolitain with shared transportation services by suburban train in accordance with an agreement entered into under the first paragraph of section 8 of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3).

2016, c. 8, s. 4.

15. The Network’s suburban train system may not be expanded at any time without the authorization of the Government.

2016, c. 8, s. 4.

16. The Network may, in particular and with the authorization of the Autorité régionale de transport métropolitain,

(1)  enter into contracts with railway undertakings providing for the procurement of services relating to the operation of such an undertaking that is within the legislative authority of the Parliament of Canada, or present to the federal authority an application for a certificate of fitness for the construction or operation of a railway within the meaning of the Canada Transportation Act (S.C. 1996, c. 10); and

(2)  acquire, lease or alienate property for the purpose of establishing, operating or developing its suburban train system.

2016, c. 8, s. 4.

DIVISION III SPECIALIZED SERVICES

2016, c. 8, s. 4.

17. The Network may provide specialized services, including

(1)  services adapted to the needs of mobility impaired persons;

(2)  services adapted to the needs of elementary and secondary school students;

(3)  services enabling a person to charter a bus or minibus; and

(4)  services enabling a person to carry out a sightseeing tour.

The Network must, in accordance with an agreement entered into under section 8 of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3), provide the services referred to in subparagraph 1 of the first paragraph for handicapped persons whose place of residence is situated elsewhere than in the area of jurisdiction of the Société de transport de Laval, the Société de transport de Longueuil or the Société de transport de Montréal. To that end, the Network may ensure the mobility of persons outside its area of jurisdiction, including in the areas of jurisdiction of those transit authorities.

2016, c. 8, s. 4.

DIVISION IV ORGANIZATIONAL STRATEGIC PLAN

2016, c. 8, s. 4.

18. The Network must adopt an organizational strategic plan that includes

(1)  a description of its mission;

(2)  the context in which it acts and the main challenges it faces;

(3)  the strategic directions, objectives and lines of action selected;

(4)  the results targeted over the period covered by the plan; and

(5)  the performance indicators to be used to measure results.

The Network sends its strategic plan and any amendment to it to the Communauté métropolitaine de Montréal, for approval, within 30 days after it is adopted. The Network posts the plan or any amendment to it on its website.

2016, c. 8, s. 4.

DIVISION V CAPITAL EXPENDITURES PROGRAM

2016, c. 8, s. 4.

19. Each year, the Network files a capital expenditures program for the next 10 years, in accordance with its strategic plan and the strategic shared transportation development plan of the Autorité régionale de transport métropolitain.

2016, c. 8, s. 4.

20. The program must be divided into annual phases and set out the object, amount and mode of financing of the capital expenditures the Network plans to make or incur for each phase. If applicable, the plan also sets out, for each object, any financial assistance granted by the Government or by other contributors.

The program must also specify the capital expenditures that will have to be made beyond the period covered by the program, if such expenditures result from commitments made during that period.

The program must contain an asset maintenance plan that includes actions designed to foster the longevity of the assets and specifies the level of investments required to maintain them.

2016, c. 8, s. 4.

21. The Network sends its capital expenditures program to the Communauté métropolitaine de Montréal, for approval, not later than 31 October preceding the beginning of the first fiscal year covered by the program. The Community approves the program after consulting the Autorité régionale de transport métropolitain.

2016, c. 8, s. 4.

22. The Network may amend its capital expenditures program. Any amendment must be sent to the Communauté métropolitaine de Montréal, for approval, within 30 days after it is adopted. The Community approves the amendment after consulting the Autorité régionale de transport métropolitain.

2016, c. 8, s. 4.

23. The Network sends its capital expenditures program or any amendments to the Minister and the Autorité régionale de transport métropolitain once they have been approved by the Communauté métropolitaine de Montréal. The Minister must submit to the Conseil du trésor any amendment that affects public infrastructure investment planning.

The Network posts its capital expenditures program or any amendment to it on its website.

2016, c. 8, s. 4.

CHAPTER IV ORGANIZATION AND OPERATION

2016, c. 8, s. 4.

24. The Network is administered by a board of directors composed of 15 members, designated as follows:

(1)  three by Ville de Montréal, acting through its urban agglomeration council;

(2)  one by Ville de Laval;

(3)  one by Ville de Longueuil, acting through its urban agglomeration council;

(4)  four by the local municipalities of the North Shore;

(5)  four by the local municipalities of the South Shore;

(6)  two users of shared transportation services by the Communauté métropolitaine de Montréal, of whom one must be a user of transportation adapted to meet the needs of mobility impaired persons.

The members designated by the Communauté métropolitaine de Montréal must be users of shared transportation services who reside in its territory.

At least seven members must qualify as independent members. The Communauté métropolitaine de Montréal determines which of the municipalities or groups of municipalities referred to in the first paragraph are required to designate independent members and sets the minimum number of such members that they must designate. The decision of the Community requires a two-thirds majority of the votes cast.

A member is independent if the authority that designates the member is of the opinion that he or she qualifies as an independent director within the meaning of section 4 of the Act respecting the governance of state-owned enterprises (chapter G-1.02). Sections 5 to 8 of that Act apply, with the necessary modifications.

Independent members are designated taking into account the expertise and experience profiles approved by the board.

2016, c. 8, s. 4.

25. The composition of the board must tend toward gender parity. The board must also be composed of members whose cultural identity reflects the various components of Québec society as much as possible.

2016, c. 8, s. 4.

26. Board members are designated by the local municipalities of the North Shore and the South Shore in accordance with the following rules:

(1)  the Network’s secretary convenes a meeting of the mayors of the local municipalities of the North Shore and a meeting of the mayors of the local municipalities of the South Shore;

(2)  at the beginning of the meeting, the mayors table a resolution of their respective councils giving the names of the candidates proposed by the council for each of the positions concerned;

(3)  the mayors may, at the beginning of the meeting, decide on the procedure for breaking a tie vote;

(4)  each mayor has a number of votes corresponding to the proportion that the population of the municipality of which he or she is the mayor is of the population of the territory composed of the territories of the municipalities of the group;

(5)  the secretary establishes the nomination and voting procedure:

(a)  he or she organizes as many ballots as there are members to be elected and may establish rules before beginning the process to ensure that the number of candidates decreases before each ballot;

(b)  he or she proclaims the election, after each ballot, of the person who receives the greatest number of votes or, as applicable, who is selected following the application of the procedure for breaking a tie vote.

The secretary draws up the minutes of the meeting and tables them at the next board meeting.

2016, c. 8, s. 4.

27. The Communauté métropolitaine de Montréal designates one of the independent members as chair of the board.

2016, c. 8, s. 4.

28. The chair of the board is appointed for a term of up to five years and the other board members for a term of up to four years; the chair and the other members may be reappointed twice to serve in those capacities.

The term of a board member of the Network who is also a council member of a local municipality ends as soon as the person ceases to be a council member of that municipality.

2016, c. 8, s. 4.

29. Board members are not remunerated except in the cases, on the conditions and to the extent the Communauté métropolitaine de Montréal may determine. However, they are entitled to be reimbursed for expenses incurred in the exercise of their functions, on the conditions and to the extent the Network may determine.

2016, c. 8, s. 4.

30. On the expiry of their term, board members remain in office until they are replaced or reappointed.

2016, c. 8, s. 4.

31. No person may exercise the functions of board member of the Network concurrently with those of board member of the Communauté métropolitaine de Montréal, the Autorité régionale de transport métropolitain, the Société de transport de Laval, the Société de transport de Longueuil or the Société de transport de Montréal.

2016, c. 8, s. 4.

32. The chair of the board may not have a direct or indirect interest in a body, enterprise or association that places the chair’s personal interests in conflict with those of the Network. If such an interest devolves to the chair, including by succession or gift, it must be renounced or disposed of with dispatch.

Subject to the third paragraph, any other board member who has a direct or indirect interest in a body, enterprise or association that places the member’s personal interests in conflict with those of the Network must disclose it in writing to the chair of the board and abstain from participating in any discussion or decision involving that body, enterprise or association. The member must also withdraw from a meeting while the matter is discussed or voted on.

Sections 304 to 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2) apply, with the necessary modifications, to board members who are council members of a local municipality.

This section does not prevent a board member from expressing an opinion on general measures relating to conditions of employment within the Network that would also apply to the board member.

2016, c. 8, s. 4.

33. A vacancy on the board of directors is filled in accordance with the rules of appointment to the board.

Absence from the number of board meetings determined by the Network’s by-laws, in the cases and circumstances specified in those by-laws, constitutes a vacancy.

2016, c. 8, s. 4.

34. The board must establish the following committees:

(1)  a governance, ethics and human resources committee;

(2)  an audit committee; and

(3)  a project monitoring committee.

These committees must be composed, in the majority, of independent members, including the chair.

Sections 22 and 27 of the Act respecting the governance of state-owned enterprises (chapter G-1.02) apply to the governance, ethics and human resources committee. Sections 23 to 36 of that Act apply to the audit committee.

2016, c. 8, s. 4.

35. The functions of the project monitoring committee include verifying compliance with the contract management policy adopted by the Network.

2016, c. 8, s. 4.

36. In addition to the committees listed in section 34, the board must establish the following committees:

(1)  a user services quality committee with regard to shared transportation services, whose functions include formulating, submitting to the board and following up on policy directions concerning the quality of user services, including services for mobility impaired users, taking into account the respective characteristics of the local municipalities of the North Shore and South Shore;

(2)  two committees on public bus transportation services and paratransit services for mobility impaired persons, one for the local municipalities of the North Shore and the other for those of the South Shore, whose functions include formulating recommendations to the board with regard to the provision of those services, including the transport plan, in the territory of the municipalities concerned.

Each committee established under subparagraph 2 of the first paragraph is composed exclusively of board members designated by the local municipalities of the North Shore or South Shore, as applicable.

2016, c. 8, s. 4.

37. The Network may make by-laws for its internal management. Such by-laws must be posted on the Network’s website.

2016, c. 8, s. 4.

38. Board meetings are closed to the public. However, special meetings held to examine tenders in accordance with section 54 must be open to the public.

The board must also hold a public meeting once a year to present the Network’s activity report to the public. The board posts the place, date and time of the meeting on the Network’s website at least 30 days before the meeting is held.

The public meeting includes a period during which the persons present may address oral questions to the board members. The board may, by by-law, prescribe how long the period is to last, when it is to be held and the procedure for asking a question.

2016, c. 8, s. 4.

39. The quorum at board meetings is the majority of its members, including the chair or the person designated to replace the chair.

2016, c. 8, s. 4.

40. Each member present at a meeting has one vote and is required to vote, unless prevented from doing so under the second paragraph of section 32. Board decisions are made by a majority vote of the members present. In the case of a tie vote, the person presiding at the meeting has a casting vote.

2016, c. 8, s. 4.

41. The minutes of board meetings, approved by the board and certified true by the chair or by any other person authorized to do so under the Network’s by-laws, are authentic, as are the documents or copies of documents emanating from the Network or forming part of its records, provided they are so certified.

2016, c. 8, s. 4.

42. No document binds the Network or may be attributed to it unless it is signed by a person authorized by the Network’s by-laws.

The by-laws may allow that a facsimile of the signature of a person referred to in the first paragraph be affixed on the documents specified in the by-law. Such a facsimile has the same force as the signature itself.

2016, c. 8, s. 4.

CHAPTER V HUMAN RESOURCES

2016, c. 8, c. 4.

43. The board designates a director general, a secretary and a treasurer from among the Network’s employees.

2016, c. 8, s. 4.

44. The Network’s employees are appointed in accordance with the staffing plan it establishes.

Subject to the provisions of a collective agreement, the Network determines the standards and scales of remuneration, employee benefits and other conditions of employment of its employees in accordance with the conditions defined by the Communauté métropolitaine de Montréal.

2016, c. 8, s. 4.

45. The Network establishes a mode of organization of human resources intended to promote

(1)  the Network’s efficiency and the optimal utilization and development of its human resources;

(2)  the exercise of human resource management powers at the least possible hierarchical remove from the persons concerned and the application of a system under which the person vested with such management powers is accountable for his or her acts, according to the means put at the person’s disposal;

(3)  equal opportunity for all citizens for employment with the Network;

(4)  impartiality and fairness in decisions affecting employees;

(5)  the competence of persons in recruitment, promotion and evaluation matters; and

(6)  optimal contribution of the various components of Québec society.

2016, c. 8, s. 4.

46. The board approves the code of ethics and professional conduct applicable to the board members and the Network’s employees.

The Network must post the code referred to in the first paragraph on its website.

2016, c. 8, s. 4.

47. If employees or board members of the Network are sued by a third person for an act done in the exercise of their functions, the Network assumes their defence and pays any damages awarded as compensation for the injury resulting from that act, unless they committed a gross fault or a personal fault separable from the exercise of their functions.

In penal or criminal proceedings, however, the Network pays the defence costs of employees or board members being sued only if they were acquitted, or if it judges that they acted in good faith.

2016, c. 8, s. 4.

CHAPTER VI FINANCIAL PROVISIONS

2016, c. 8, s. 4.

48. The Network’s fiscal year ends on 31 December.

2016, c. 8, s. 4.

49. The Network adopts its budget estimates for each fiscal year.

The budget estimates are sent to the Communauté métropolitaine de Montréal, the Autorité régionale de transport métropolitain and the Minister not later than 15 November each year; at that time, the Network posts them on its website.

2016, c. 8, s. 4.

50. The Network’s budget estimates may not provide for expenditures exceeding its revenues.

2016, c. 8, s. 4.

51. The Network must include as revenue in its budget estimates any surplus anticipated for the current year and any other surplus at its disposal.

It must also include, as expenditures, any deficit for the preceding year and any deficit anticipated for the current year.

2016, c. 8, s. 4.

52. To help finance its activities, the Network may require a contribution from local municipalities whose territory is included in the Network’s area of jurisdiction, in accordance with the terms and conditions provided for in the financing policy of the Autorité régionale de transport métropolitain.

Despite the first paragraph, the Network may not require a contribution from local municipalities other than those of the North Shore and South Shore to finance activities related to the exercise of its jurisdiction under the first paragraph of section 12.

2016, c. 8, s. 4.

53. The Network may not contract loans unless authorized to do so by the Minister of Municipal Affairs, Regions and Land Occupancy and unless the interest rate and other conditions of the loans are authorized by the Minister of Finance.

The Network may, however, contract temporary loans to pay expenses incurred for its day-to-day administration without the authorizations required under the first paragraph. It may also, with the sole authorization of the Minister of Municipal Affairs, Regions and Land Occupancy, contract such loans to pay any other expenses.

2016, c. 8, s. 4.

54. If the Network issues bonds, it must sell them by adjudication in accordance with section 554, except the fourth paragraph, of the Cities and Towns Act (chapter C-19) and sections 555 and 555.1 of that Act, unless the Minister of Finance authorizes it to sell them by agreement on the conditions the Minister considers appropriate.

If the Network contracts a loan through an issue of notes, it may choose the lender using the adjudication procedure referred to in the first paragraph, with the necessary modifications.

The authorization of the Minister of Finance under the first paragraph of section 53 is not required if the Network sells its bonds or chooses a lender by adjudication.

2016, c. 8, s. 4.

55. Divisions V, VI, VIII to X and XII of the Act respecting municipal debts and loans (chapter D-7) apply to the Network. The treasurer, or another employee designated for that purpose by the board, must fulfil the obligations mentioned in section 24 of that Act.

Division IX of that Act does not apply to a security that is not subject to registration according to the conditions of its issue.

A loan obtained or a security issued by the Network may be repaid or redeemed in advance, as the Network sees fit, according to the terms of the contract or security. The date of advance repayment or redeem may be other than a date of payment of interest if the prior notice stipulated in the contract or security is given.

2016, c. 8, s. 4.

56. The securities issued by the Network are investments that are 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 Network constitute direct and general obligations of the Network and of the local municipalities whose territory is included in the Network’s area of jurisdiction and rank concurrently and pari passu with the other general obligations of the Network and the municipalities, except if the commitments included in securities issued are related to the exercise of the Network’s jurisdiction under the first paragraph of section 12. In such a case, the securities issued by the Network constitute direct and general obligations of only the local municipalities of the North Shore and South Shore and rank concurrently and pari passu with the other general obligations of the Network and those municipalities.

2016, c. 8, s. 4.

57. Any agreement by which the Network makes a financial commitment for a period exceeding 10 years must, to be binding on the Network, be authorized by the Minister of Municipal Affairs, Regions and Land Occupancy, except in the case of a work contract.

2016, c. 8, s. 4.

58. The Network must obtain the authorization of the Minister of Municipal Affairs, Regions and Land Occupancy to become surety for an obligation of $100,000 or more.

2016, c. 8, s. 4.

59. No decision of the Network or report authorizing or recommending an expenditure has effect before the treasurer produces a certificate attesting that funds are available for the purposes for which the expenditure is to be used.

2016, c. 8, s. 4.

60. The local municipalities whose territory is included in the Network’s area of jurisdiction are guarantors of the Network’s obligations and commitments, except obligations and commitments related to the exercise of its jurisdiction under the first paragraph of section 12. In such a case, only the local municipalities of the North Shore and South Shore are the Network’s guarantors.

2016, c. 8, s. 4.

61. Every local municipality whose territory is included in the Network’s area of jurisdiction may, for the purpose of paying the sums it owes to the Network, impose a general or special tax based on the assessment of the taxable immovables in its territory.

2016, c. 8, s. 4.

62. If a contribution is required from a local municipality whose territory is included in that of an urban agglomeration, the contribution is claimed from the central municipality. In such a case, the payment by the central municipality of the contribution constitutes an expenditure incurred in the exercise of an urban agglomeration power for the purposes of the financing of the expenditure.

2016, c. 8, s. 4.

63. No mode of tariffing established by a municipality under sections 244.1 to 244.10 of the Act respecting municipal taxation (chapter F-2.1) with regard to its property, services and other activities may be levied against the Network.

2016, c. 8, s. 4.

64. The Act respecting duties on transfers of immovables (chapter D-15.1) does not apply to transfers made to the Network.

2016, c. 8, s. 4.

CHAPTER VII REPORTS AND AUDIT

2016, c. 8, s. 4.

65. At the end of the fiscal year, the treasurer draws up the Network’s financial report for the past fiscal year and certifies that it is accurate.

The report must be produced on the forms, if any, provided by the Minister of Municipal Affairs, Regions and Land Occupancy. It must include the Network’s financial statements and any other information required by that Minister and the Communauté métropolitaine de Montréal.

The treasurer sends a copy of the report to the Community along with any other information the latter requires.

2016, c. 8, s. 4.

66. The Network’s books and accounts must be audited each year by an auditor it designates. The auditor’s report must be attached to the Network’s annual activity report.

2016, c. 8, s. 4.

67. The treasurer tables the financial report at a board meeting of the Network.

2016, c. 8, s. 4.

68. Not later than 30 April each year, the Network submits its activity report for the preceding fiscal year to the Minister, the Minister of Municipal Affairs, Regions and Land Occupancy and the Communauté métropolitaine de Montréal.

The report must include

(1)  a summary of the following reports submitted to the board:

(a)  the report of the governance, ethics and human resources committee on its activities during the fiscal year, including a summary of its assessment of the board’s performance;

(b)  the report of the audit committee on the discharge of its mandate and on the optimal resource utilization plan;

(c)  the report of the project monitoring committee and the user services quality committee on the discharge of their mandate; and

(d)  the reports of the committees on public bus transportation services and paratransit services for mobility impaired persons established for the local municipalities of the North Shore and for those of the South Shore, on the discharge of their mandate;

(2)  concerning the board members,

(a)  the dates of appointment and expiry of term of all board members, and the identity of those with independent member status;

(b)  the identity of any other board on which a board member sits;

(c)  a summary of the expertise and experience profile of each board member and a statement of the board members’ attendance at board and committee meetings; and

(d)  the code of ethics and rules of professional conduct applicable to board members;

(3)  concerning remuneration,

(a)  the remuneration and benefits paid to each board member;

(b)  the remuneration, including variable pay and other benefits, paid to each of the Network’s five most highly remunerated officers; and

(c)  the fees paid to the external auditor;

(4)  the results obtained from the benchmarking measures adopted by the board; and

(5)  the Network’s financial report for the fiscal year concerned.

At the same time, the Network posts its activity report on its website.

The Network must provide the Community, the Minister and the Minister of Municipal Affairs, Regions and Land Occupancy with any other information they require concerning its activities.

2016, c. 8, s. 4.

CHAPTER VIII INSPECTION

2016, c. 8, s. 4.

69. The Network generally or specially authorizes a person from among its employees, or from among the employees of a carrier under contract with it, to act as an inspector for the purposes of this Act and the by-laws made under section 72.

2016, c. 8, s. 4.

70. An inspector may require that any transportation ticket issued on behalf of the Autorité régionale de transport métropolitain be produced for inspection.

2016, c. 8, s. 4.

71. An inspector must, on request, produce a certificate of authority.

2016, c. 8, s. 4.

CHAPTER IX REGULATORY AND PENAL PROVISIONS

2016, c. 8, s. 4.

72. The Network may, by by-law,

(1)  prescribe standards of safety and conduct to be observed by persons in the rolling stock and immovables it operates; and

(2)  prescribe conditions regarding the immovables it operates and the persons using them.

A Network by-law must be posted on its website. It must also be published in a newspaper circulated in its area of jurisdiction and may determine, among its provisions, those whose violation constitutes an offence entailing a fine in an amount that may, depending on the circumstances, be a set amount or vary between a minimum and a maximum amount.

For a first offence, the set amount or maximum amount may not exceed $500 if the offender is a natural person and $1,000 in all other cases. The amounts are doubled for a subsequent offence. The minimum amount may not be less than $25.

2016, c. 8, s. 4.

73. A by-law made under section 72 applies even when a vehicle of the Network travels outside the Network’s area of jurisdiction. It also applies in an immovable the Network possesses outside its area of jurisdiction. An inspector referred to in section 69 has jurisdiction for the purposes of this section.

2016, c. 8, s. 4.

74. Anyone who uses the Network’s name, acronym, emblem or logo without authorization, or hinders or attempts to hinder in any way the exercise of an inspector’s functions, misleads an inspector through concealment or misrepresentation, refuses to hand over a document or information an inspector is entitled to require or examine, or conceals or destroys such a document is guilty of an offence and is liable to a fine of not less than $250 nor more than $500.

2016, c. 8, s. 4.

75. The Network may institute penal proceedings for an offence under this chapter.

2016, c. 8, s. 4.

76. Any municipal court having jurisdiction in the Network’s area of jurisdiction has jurisdiction with regard to an offence under this chapter.

2016, c. 8, s. 4.

77. The fine belongs to the Network if the latter instituted the penal proceedings.

The costs relating to proceedings instituted before a municipal court belong to the city under the jurisdiction of that court, except the part of the costs remitted to another prosecuting party by the collector under article 345.2 of the Code of Penal Procedure (chapter C-25.1) and the costs remitted to the defendant or imposed on that city under article 223 of that Code.

2016, c. 8, s. 4.

CHAPTER X TRANSITIONAL PROVISIONS

2016, c. 8, s. 4.

78. The Network replaces the Agence métropolitaine de transport with regard to the functions conferred on the Network by this Act, acquires the Agency’s rights and assumes its obligations.

Despite the first paragraph, the assets and liabilities of the Agence métropolitaine de transport that relate to the functions conferred on the Network are transferred to the Network according to the value and on the conditions determined by the Government.

2016, c. 8, s. 4.

79. The Network succeeds to the rights and obligations of the intermunicipal boards of transport and the Conseil régional de transport de Lanaudière, established under the Act respecting intermunicipal boards of transport in the area of Montréal (chapter C-60.1), the Municipalité régionale de comté de L’Assomption, the Municipalité régionale de comté des Moulins and Ville de Sainte-Julie as regards the continuation of their shared transportation contracts until the expiry of those contracts.

2016, c. 8, s. 4.

80. The Network becomes, without continuance of suit, a party to all proceedings to which the Agence métropolitaine de transport was a party and that relate to the functions conferred on the Network.

This also applies to any proceedings involving an intermunicipal board of transport, the Conseil régional de transport de Lanaudière, Municipalité régionale de comté de L’Assomption, Municipalité régionale de comté des Moulins or Ville de Sainte-Julie as regards shared transportation contracts.

2016, c. 8, s. 4.

81. Despite any incompatible Act, expropriation proceedings in progress and begun by the Agence métropolitaine de transport or by the Minister on its behalf that relate to the functions conferred on the Network by this Act are continued by the Minister on the Network’s behalf.

This Act also entails the transfer, in favour of the Network, of the benefit of any reserve established under section 75 of the Expropriation Act (chapter E-24) and held by the Agence métropolitaine de transport on (insert the date preceding the date set by the Government for the coming into force of section 4 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area (chapter O-7.3)) in connection with the functions conferred on the Network by this Act.

2016, c. 8, s. 4.

82. Rights concerning an immovable that have become the Network’s rights under this Act are not required to be published in the land register.

However, with regard to an immovable, the Network may, if it considers it advisable, publish a notice of the transfer or assignment, referring to this Act and containing the description of the immovable.

2016, c. 8, s. 4.

83. The personnel members of the Agence métropolitaine de transport who are assigned to functions related to those conferred on the Network and who are identified by the chair of the transition committee designated under the second paragraph of section 6 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area (chapter O-7.3) become, without further formality, employees of the Network.

2016, c. 8, s. 4.

84. The personnel members of the intermunicipal boards of transport, the Conseil régional de transport de Lanaudière, Municipalité régionale de comté de L’Assomption, Municipalité régionale de comté des Moulins and Ville de Sainte-Julie who are assigned to functions related to those conferred on the Network and who are identified by the chair of the transition committee designated under the second paragraph of section 6 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area become, without further formality, employees of the Network.

2016, c. 8, s. 4.

85. For labour relations purposes, this Act entails the transfer of part of the operation of an undertaking within the meaning of sections 45 and 45.2 of the Labour Code (chapter C-27).

The employer and the certified associations must, before (insert the date that is four months after the date set by the Government for the coming into force of section 4 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area (chapter O-7.3)), agree on the application of those sections, in particular as regards the description of bargaining units, the association designated to represent the employees of a bargaining unit and the collective agreement applicable to the employees of a bargaining unit and any modifications or adaptations to be made to that agreement.

Only the associations representing the employees of a bargaining unit are responsible for participating in the agreement aimed at determining the association that will represent those employees.

2016, c. 8, s. 4.

86. On the expiry of the time limit prescribed in the second paragraph of section 85, the employer refers to the Administrative Labour Tribunal the matters on which there has been agreement as well as any difficulties yet to be settled to allow the Tribunal to exercise its powers under section 46 of the Labour Code (chapter C-27).

The Tribunal is not bound by the identification of difficulties to be settled. It must render its decision not later than (insert the date that is eight months after the date set by the Government for the coming into force of section 4 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area (chapter O-7.3)).

2016, c. 8, s. 4.

87. No notice of negotiation required under section 52 of the Labour Code (chapter C-27) may be given before the date of the Administrative Labour Tribunal’s decision under section 86. Despite any contrary provision of the Labour Code, the right to strike or to a lock-out is only acquired 30 days after the Administrative Labour Tribunal’s decision or, if a notice of negotiation is given under section 52.1 of that Code before the expiry of that time, within 30 days following the notice.

No certification may be applied for before the Tribunal renders its decision by an association that, on (insert the date preceding the date set by the Government for the coming into force of section 4 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area (chapter O-7.3)), is not certified to represent the employees referred to in sections 83 and 84. The time limits prescribed in paragraphs b.1 to c of section 22 of the Labour Code must be calculated from the date of that decision.

2016, c. 8, s. 4.

88. The Network must, not later than (insert the date that is six months after the date set by the Government for the coming into force of section 3 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area (chapter O-7.3)), adopt the code of ethics and professional conduct applicable to its board members and employees.

2016, c. 8, s. 4.

89. Despite any provision to the contrary, the following projects mentioned in the schedule to the Règlement édictant des mesures transitoires nécessaires à l’application de la Loi sur les infrastructures publiques, enacted by Order in Council 281-2014 (2014, G.O. 2, 1317, French only), which become the projects of the Network under this Act, continue in accordance with the directive concerning the management of major public infrastructure projects, approved by Order in Council 96-2014 (2014, G.O. 2, 892, French only), and its amendments:

(1)  the Lachine train maintenance centre;

(2)  the Pointe-St-Charles train maintenance centre;

(3)  the tunnel renovation project (Mont-Royal Tunnel); and

(4)  the Train de l’Est (eastern train) project.

2016, c. 8, s. 4.

90. Despite any provision to the contrary, Division IX.3 of the Transport Act (chapter T-12) continues to apply to the following shared transportation infrastructure projects that the Caisse de dépôt et placement du Québec examines in accordance with a decision of the Government:

(1)  Light rail rapid transit on the new St-Laurent bridge;

(2)  Train de l’Ouest (western train).

2016, c. 8, s. 4.

CHAPTER XI MISCELLANEOUS AND FINAL PROVISIONS

2016, c. 8, s. 4.

91. The Network is a municipal body for the purposes of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

2016, c. 8, s. 4.

92. In the event of the dissolution of the Network, all its assets devolve to the Communauté métropolitaine de Montréal.

2016, c. 8, s. 4.

93. The Minister must, not later than five years after this Act comes into force and subsequently at least once every five years, report to the Government on the carrying out of this Act. The report must include recommendations concerning the updating of the Network’s mission and the composition of its board of directors.

The report must contain an assessment of the effectiveness and performance of the Network which includes benchmarking measures.

The Minister tables the report in the National Assembly.

2016, c. 8, s. 4.

94. The Minister of Transport is responsible for the administration of this Act, except sections 53 to 58, which come under the responsibility of the Minister of Municipal Affairs, Regions and Land Occupancy.

2016, c. 8, s. 4.