R-7 - Act respecting the Régie des installations olympiques

À jour au 1^er janvier 2008

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chapter R-7

Act respecting the Régie des installations olympiques

DIVISION I INTERPRETATION

1. In this Act, unless the context indicates a different meaning,

(a)  “olympic installations” means the installations mentioned in section 13;

(b)  “board” means the Régie des installations olympiques established by section 2;

(c)  “Minister” means the Minister of Tourism.

1975, c. 72, s. 1; 1996, c. 13, s. 20; 1999, c. 43, s. 14; 2003, c. 19, s. 251; 2003, c. 29, s. 141; 2005, c. 37, s. 39.

DIVISION II CONSTITUTION OF THE BOARD

2. A Régie des installations olympiques is established.

1975, c. 72, s. 2.

3. The board is composed of seven members, including the chairman and the vice-chairman, appointed by the Government for a term of not more than three years.

The members remain in office, notwithstanding the expiry of their terms, until they are reappointed or replaced.

1975, c. 72, s. 3; 1978, c. 83, s. 1.

4. The Government shall fix the fees, allowances or salary of the members of the board or, where necessary, their additional salary.

1975, c. 72, s. 4.

5. If the chairman is absent or unable to act, the chairman is replaced by the vice-chairman or, if the vice-chairman is absent or unable to act, by a member designated in accordance with the by-laws of the board.

If any other member is absent or unable to act, the Government may appoint a substitute.

1975, c. 72, s. 5; 1978, c. 83, s. 2; 1999, c. 40, s. 246.

6. Four members of the board, including the chairman or, in his absence, the vice-chairman shall be a quorum.

The chairman shall have a casting vote.

1975, c. 72, s. 6.

7. The board is a legal person.

1975, c. 72, s. 7; 1999, c. 40, s. 246.

8. The board shall have the rights and privileges of a mandatary of the State.

The property of the board shall form part of the domain of the State, but the performance of the obligations of the board may be levied against that property.

The board binds none but itself when it acts in its own name.

1975, c. 72, s. 8; 1977, c. 5, s. 14; 1999, c. 40, s. 246.

9. The board shall have its head office in the territory of Ville de Montréal.

It may hold its sittings at any other place.

1975, c. 72, s. 9; 1996, c. 2, s. 845.

10. The day to day administration of the board is entrusted to a general manager appointed by the Government, which fixes his salary or, where such is the case, his additional salary, allowances and indemnities.

1975, c. 72, s. 10; 1978, c. 83, s. 3.

11. The secretary, the treasurer and the other members of the personnel of the board are appointed and remunerated in accordance with the standards and scales determined by the by-laws of the Government.

1975, c. 72, s. 11; 1978, c. 83, s. 4.

12. Minutes of the sittings approved by the board and certified by the chairman or the secretary shall be authentic. The same applies to copies or documents emanating from the board or forming part of its records, if they are signed by the chairman or the secretary of the board.

1975, c. 72, s. 12.

DIVISION III FUNCTIONS OF THE BOARD

13. The object of the board is to carry out the construction, equipping and operation of the movable and immovable installations planned for the Twenty-first Olympic Games that are contained within the quadrilateral bounded by the south side of Sherbrooke street, the west side of Viau street, the north side of Pierre de Coubertin street and the east side of Pie IX boulevard, in the territory of Ville de Montréal, except the Maurice Richard arena, the Maisonneuve centre and their respective facilities and the metro installations.

The object of the board shall also be to exercise, relating to the Olympic Village, the functions provided in the Act respecting the Olympic Village (1976, chapter 43).

The provisions of this Act apply, with the necessary modifications, to the board when it exercises the functions contemplated in the preceding paragraph.

The object of the board shall in addition be to administer and operate the movable and immovable installations situated on the immovables described in Schedule A and hereinafter designated under the name of “Centre Paul Sauvé”.

Furthermore, the board may provide services pertaining to the knowledge and experience it has acquired in fields connected with its activities.

1975, c. 72, s. 13; 1976, c. 43, s. 36; 1978, c. 83, s. 5; 1996, c. 2, s. 846.

Not in force

13.1. The object of the Régie is also to carry out the construction, equipping and operation of the movable and immovable installations that are contained within the quadrilateral bounded by Saint-Jacques, Peel, de la Montagne and Notre-Dame Ouest streets, in the territory of Ville de Montréal, and consisting of lots two thousand and thirty-eight, two thousand four hundred and three and two thousand four hundred and four of the cadastre of the City of Montréal (Saint-Antoine Ward) in the registration division of Montréal.

1999, c. 79, s. 1.

14. The board may do anything useful for the achievement of its aims and may in particular:

(a)  acquire, lease, own, improve, maintain and administer immovables and alienate them;

(b)  make loans by notes, bonds or other obligations, at such rates of interest and on such other conditions as are determined by the Government.

(c)  with the approval of the Government, lend money toward the holding of the Twenty-first Olympic Games;

(d)  make by-laws concerning the exercise of its powers, its internal management and the functions of its personnel;

(e)  establish, by by-law, committees to examine such matters as it may determine and, as the case may be, confer on them the exercise of certain powers.

A by-law of the board shall come into force on being adopted, and shall remain in force unless and until disapproved by the Government.

The secretary of the board shall cause a copy of every by-law of the Conseil exécutif upon its adoption.

1975, c. 72, s. 14; 1977, c. 5, s. 14; 1978, c. 83, s. 6.

15. The Government may make regulations regarding the mandate of the board and the conditions governing contracts binding on the board; it may also determine in which cases such contracts shall be submitted for approval to the Government or to the Conseil du trésor.

It may in the same manner rule on the accounts, fees or costs of supplies and on the conditions governing any rent, lease or alienation respecting the board.

Any regulation made under this section shall be published forthwith in the Gazette officielle du Québec.

1975, c. 72, s. 15; 1977, c. 5, s. 14.

16. The board shall become the owner, from 20 November 1975, of all the property mentioned in section 13 except movables not owned by Ville de Montréal; Ville de Montréal shall receive, as compensation, the amounts provided for such purpose under the first paragraph of section 23.

1975, c. 72, s. 16; 1996, c. 2, s. 848; 1999, c. 40, s. 246.

16.1. The board shall become the owner from 22 December 1978 of the immovables described in Schedule A, including all the movable property found on the premises except movables owned by third persons.

All the obligations existing on 22 December 1978 in respect of property contemplated in the first paragraph are assumed by the Minister. The same rule applies to the expenditures required for the repairs and improvements necessary to restore the installations to operating condition.

1978, c. 83, s. 7; 1983, c. 40, s. 83.

17. The registrar shall register with respect to all property contemplated in section 16 which is an immovable or a real right, at the request of the board, a declaration containing the text of section 16 and a description of the immovable or the real right referred to in the said section.

The same rule applies to the text of section 16.1 and to the immovables described in Schedule A.

1975, c. 72, s. 17; 1978, c. 83, s. 8; 2000, c. 42, s. 218.

18. The board may, with the approval of the Government, make the agreements considered necessary for the conduct and administration of lottery schemes.

1975, c. 72, s. 18.

19. The Government may, on such conditions as it may fix:

(a)  guarantee the payment in principal and interest of any loan made by the board and the execution of any obligation the latter may have;

(b)  authorize the Minister of Finance to advance to the board any amount considered necessary for the carrying out of this Act.

The sums that the Government may be called upon to pay pursuant to such guarantees or advances to the board shall be taken out of the Consolidated Revenue Fund.

1975, c. 72, s. 19; 1977, c. 5, s. 14.

20. The board may, without any authorization other than that of the Government, on such conditions and to such extent as it may determine, exercise, wholly or in part, the powers of Ville de Montréal or of its Executive Committee in relation to the construction, equipping and operation of the olympic installations. It may substitute itself for them on the conditions and to the extent determined by the Government, in any contract to which they are contracting parties.

The powers referred to in the first paragraph include those conferred on the said city and its Executive Committee by or under the Act as well as those which they exercise pursuant to agreements, particularly, international agreements.

1975, c. 72, s. 21; 1996, c. 2, s. 848.

21. The income and the sums of money to which Ville de Montréal is entitled under the agreement made between Ville de Montréal and the organizing committee on 31 August 1973 and amended on 17 March 1975 belong to the board except any receipts paid to Ville de Montréal before 18 November 1975.

1975, c. 72, s. 22; 1996, c. 2, s. 848.

22. The board may, in accordance with this Act, make with Ville de Montréal, with any person or agency, international or otherwise, as well as with any government or agency of any government, any agreement considered necessary for the application of this Act.

1975, c. 72, s. 23; 1996, c. 2, s. 848.

23. The income of the board must be allotted primarily to its operations, to the payment of its administrative expenses, to the repayment of its loans and other obligations, to the repayment of sums advanced to it by the Minister of Finance in accordance with this Act, to the payment to Ville de Montréal of the sums required for the application of section 22 and, finally, to the repayment to Ville de Montréal, at the end of each fiscal year of the board, of the payments and the sums advanced by Ville de Montréal for the setting in place of the olympic installations and, as well, of the payments and sums advanced by the city for the other works and constructions executed by or for it on its territory in view of the Twenty-first Olympic Games, which payments and advances, if made after 18 November 1975, shall have been made with the authorization of the board.

On the date set by the Government, ownership of the olympic installations shall revert to Ville de Montréal, and section 17 shall be applicable, with the necessary changes, in particular by replacing the words “at the request of the board” therein by the words “at the request of the Executive Committee of Ville de Montréal”.

1975, c. 72, s. 24; 1996, c. 2, s. 848; 2007, c. 27, s. 3.

23.1. Notwithstanding the second paragraph of section 23, the board may, on such terms and conditions as the Government may determine, transfer to the City of Montréal the movable and immovable installations situated on the immovables described in Schedule A and designated under the name of “Centre Paul Sauvé”, and those of the “Biodôme”, formerly called the “Olympic Velodrome”, situated within the quadrilateral described in the first paragraph of section 13.

1991, c. 69, s. 1.

23.2. The Régie may, with the authorization of the Government and subject to the terms and conditions the Government determines, alienate any immovable referred to in section 13.

The second paragraph of section 23 does not apply to an immovable covered by an authorization referred to in the first paragraph.

1999, c. 59, s. 38.

23.3. With the authorization of the Government and subject to the terms and conditions the Government determines, the board may, within the scope of a contract having a term of not more than 30 years whose object is the retrofitting and maintenance by a third person of the portion of the Olympic Stadium roof able to be supported by the stadium tower, assign to that third person the superficies of that portion of the stadium roof for the duration of the contract.

Work carried out under a contract entered into under the first paragraph is deemed to be work carried out by a mandatary of the State for the purposes of the applicable municipal urban planning by-laws.

The portion of the Olympic Stadium roof that is retrofitted under a contract entered into under the first paragraph is deemed to be an immovable included in a unit of assessment entered on the roll in the name of the board within the meaning of paragraph 2 of section 204 of the Act respecting municipal taxation (chapter F-2.1).

At the end of the contract, the board shall become, without being required to compensate the superficiary, the owner of that portion of the Olympic Stadium roof, free of any encumbrance.

2002, c. 37, s. 246; 2005, c. 21, s. 1.

24. The appellation “Olympic Village” shall not be used in Québec to designate any immovable, territory, agency or business of any kind without authorization in writing from the board.

1975, c. 72, s. 25.

25. The appellation “Olympic Grounds” or “Olympic Park” shall not be used in Québec to designate any immovable, territory, agency or business of any kind without permission in writing from the board.

1975, c. 72, s. 26.

26. The Government may order the dissolution of the organizing committee, and fix any date later than 31 December 1976 for such dissolution to become effective.

If such dissolution occurs, the property and rights of the said committee shall vest in the board, which shall thereupon assume the obligations of the legal person.

1975, c. 72, s. 27; 1999, c. 40, s. 246.

27. The fiscal year of the board shall terminate on 31 October each year.

1975, c. 72, s. 28.

28. Not later than 31 March each year, the board shall make a report to the Minister of the property in its possession and of its activities for its preceding fiscal year.

Such report shall also contain any and all information the Minister may prescribe.

1975, c. 72, s. 29.

29. The board’s report shall be laid before the National Assembly if it is in session or, if it is not in session, within 30 days after the opening of the next session.

It shall also be sent to the clerk of Ville de Montréal, and he must lay it before the municipal council at the first meeting of the council held thereafter.

1975, c. 72, s. 30; 1996, c. 2, s. 848.

30. The board shall also give the Minister any and all information he may prescribe.

1975, c. 72, s. 31.

31. The books and accounts of the board shall be audited annually and each time the Government so orders, by the auditors designated by the Government; such auditors’ report must be attached to the annual report of the board.

1975, c. 72, s. 32.

32. The Minister shall be responsible for the application of this Act.

1975, c. 72, s. 33.

DIVISION IV

This Division ceased to have effect on 17 April 1987.

33. (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

THE IMMOVABLES CONTEMPLATED IN SECTION 16.1

An immovable situated in the territory of Ville de Montréal comprised within a quadrilateral formed by Pie IX boulevard, Beaubien street, Bellechasse street and 20th Avenue and composed of the following lots:

1. Lots numbers one hundred and ninety-five, one hundred and ninety-six, one hundred and ninety-seven, one hundred and ninety-eight, one hundred and ninety-nine, two hundred, two hundred and one, two hundred and two, two hundred and three, two hundred and four, two hundred and five, two hundred and six, two hundred and seven, two hundred and eight, two hundred and nine, two hundred and ten, two hundred and eleven, two hundred and twelve, two hundred and thirteen, two hundred and fourteen, two hundred and fifteen, two hundred and sixteen, two hundred and eighteen, two hundred and nineteen, two hundred and twenty, two hundred and twenty-one, two hundred and twenty-two, two hundred and twenty-three, two hundred and twenty-four, two hundred and twenty-five, two hundred and twenty-six, two hundred and twenty-seven, two hundred and twenty-eight, two hundred and twenty-nine, two hundred and thirty, two hundred and thirty-one, two hundred and thirty-two, two hundred and thirty-three, two hundred and thirty-four, two hundred and thirty-five, two hundred and thirty-six, two hundred and thirty-seven, and two hundred and thirty-eight of the official subdivision of original lot number one hundred and ninety-five (195-195, 195-196, 195-197, 195-198, 195-199, 195-200, 195-201, 195-202, 195-203, 195-204, 195-205, 195-206, 195-207, 195-208, 195-209, 195-210, 195-211, 195-212, 195-213, 195-214, 195-215, 195-216, 195-218, 195-219, 195-220, 195-221, 195-222, 195-223, 195-224, 195-225, 195-226, 195-227, 195-228, 195-229, 195-230, 195-231, 195-232, 195-233, 195-234, 195-235, 195-236, 195-237, 195-238) on the official plan and book of reference of the incorporated village of Côte de la Visitation.

2. That part of lot number one hundred and ninety-four of the official subdivision of original lot number one hundred and ninety-five (195-pt 194) on the official plan and book of reference of the incorporated village of Côte de la Visitation, being nineteen feet wide by one hundred and seven feet deep, English measure, more or less, and bounded as follows, to wit: to the northeast by Pie IX boulevard, to the northwest by lot 195-195, to the southwest by lot 195-217 and to the southeast by the remainder of the said lot 195-194 ceded to the Commission des écoles catholiques de Montréal.

3. That part of lot number two hundred and seventeen on the official subdivision of original lot number one hundred and ninety-five (195-pt 217) on the official plan and book of reference of the incorporated village of Côte de la Visitation, being nine feet wide and bounded as follows:

To the northeast by part of lot 194 above described and lots 195-195 to 195-216 inclusive; to the southwest by part of lot 199-879, to the northwest by lot 195-228 and to the southeast by the remainder of lot 195-217, all such lots being lots of the above cadastre.

4. Lots numbers seven hundred and seventy-five, seven hundred and seventy-six, seven hundred and seventy-seven, seven hundred and seventy-eight, seven hundred and seventy-nine, seven hundred and eighty, seven hundred and eighty-one, seven hundred and eighty-two, seven hundred and eighty-three, seven hundred and eighty-four, seven hundred and eighty-five, seven hundred and eighty-six, seven hundred and eighty-seven, seven hundred and eighty-eight, seven hundred and eighty-nine, seven hundred and ninety, seven hundred and ninety-one, seven hundred and ninety-two, seven hundred and ninety-three, seven hundred and ninety-four, seven hundred and ninety-five, seven hundred and ninety-six, seven hundred and ninety-seven, seven hundred and ninety-eight, seven hundred and ninety-nine, eight hundred, eight hundred and one, eight hundred and nine, eight hundred and ten, eight hundred and eleven, eight hundred and twelve, eight hundred and thirteen, eight hundred and fourteen, eight hundred and fifteen, eight hundred and sixteen, eight hundred and seventeen, eight hundred and eighteen, eight hundred and nineteen, eight hundred and twenty, eight hundred and twenty-one, eight hundred and twenty-two, eight hundred and twenty-three, eight hundred and twenty-four, eight hundred and twenty-five, eight hundred and twenty-six, eight hundred and twenty-seven, eight hundred and twenty-eight, eight hundred and twenty-nine, eight hundred and thirty, eight hundred and thirty-one, eight hundred and thirty-two, eight hundred and thirty-three, eight hundred and thirty-four, eight hundred and thirty-five, eight hundred and thirty-six, eight hundred and thirty-seven, eight hundred and thirty-eight, eight hundred and thirty-nine, eight hundred and forty, eight hundred and forty-one, eight hundred and forty-two, eight hundred and forty-three, eight hundred and fifty-five, eight hundred and fifty-six, eight hundred and fifty-seven, eight hundred and fifty-eight, eight hundred and fifty-nine, eight hundred and sixty, eight hundred and sixty-one, eight hundred and sixty-two, eight hundred and sixty-three, eight hundred and sixty-four, eight hundred and sixty-five, eight hundred and sixty-six, eight hundred and sixty-seven, eight hundred and sixty-eight, eight hundred and sixty-nine, eight hundred and seventy, eight hundred and seventy-one, eight hundred seventy-two, eight hundred and seventy-three, eight hundred and seventy-four, eight hundred and seventy-five, eight hundred and seventy-six, eight hundred and seventy-seven, eight hundred and seventy-eight, eight hundred and eighty, eight hundred and eighty-one, eight hundred and eighty-two, eight hundred and eighty-three and eight hundred and eighty-four of the official subdivision of original lot number one hundred and ninety-nine (199-775, 199-776, 199-777, 199-778, 199-779, 199-780, 199-781, 199-782, 199-783, 199-784, 199-785, 199-786, 199-787, 199-788, 199-789, 199-790, 199-791, 199-792, 199-793, 199-794, 199-795, 199-796, 199-797, 199-798, 199-799, 199-800, 199-801, 199-809, 199-810, 199-811, 199-812, 199-813, 199-814, 199-815, 199-816, 199-817, 199-818, 199-819, 199-820, 199-821, 199-822, 199-823, 199-824, 199-825, 199-826, 199-827, 199-828, 199-829, 199-830, 199-831, 199-832, 199-833, 199-834, 199-835, 199-836, 199-837, 199-838, 199-839, 199-840, 199-841, 199-842, 199-843, 199-855, 199-856, 199-857, 199-858, 199-859, 199-860, 199-861, 199-862, 199-863, 199-864, 199-865, 199-866, 199-867, 199-868, 199-869, 199-870, 199-871, 199-872, 199-873, 199-874, 199-875, 199-876, 199-877, 199-878, 199-880, 199-881, 199-882, 199-883, 199-884) on the official plan and book of reference of the incorporated village of Côte de la Visitation.

5. That part of lot number eight hundred and seventy-nine of the official subdivision of original lot number one hundred and ninety-nine (199-pt 879) on the official plan and book of reference of the incorporated village of Côte de la Visitation, being ten feet wide and bounded as follows:

To the northeast by part of lot 195-217 above described; to southwest by lots 199-855 to 199-878; to the northwest by lot 199-880 and to the southeast by the remainder of lot 199-879.

The southeast side being the extension towards the northeast of the southeast side of lot 199-855.

All such lots being lots of the above official cadastre.

6. That part of lot eight hundred and two of the official subdivision of original lot number one hundred and ninety-nine (199-pt 802) on the official plan and book of reference of the incorporated village of Côte de la Visitation, lying between the extension towards the northeast of the southeast line of lot 199-775 to lot 199-839 limiting the latter on the northwest. Bounded to the northeast by lots 199-809 to 199-834 inclusive and to the southwest by lots 199-775 to 199-801.

All such lots being lots of the above cadastre.

7. That part of lot number eight hundred and forty-four of the official subdivision of original lot number one hundred and ninety-nine (199-pt 844) on the official plan and book of reference of the incorporated village of Côte de la Visitation, excluding that part ceded to the Commission des écoles catholiques de Montréal under the terms of a deed registered in the registry office of Montréal under number 2354509 and being the southeastern part of the said lot lying from the extension of the northwest line of lots 199-854 and 199-808 to Bellechasse street. All such lots being lots of the above cadastre.

Including the construction thereon erected known under the name of “Centre Paul Sauvé” and appurtenances.

The whole as it is presently, with all the servitudes, active or passive, apparent or unapparent, attached to the said immovable and especially with and subject to a servitude to install, maintain and repair power lines, in favour of the City of Montréal, affecting lots 195-212, 213 and 214 on the above official plan and book of reference, under the terms of the deeds registered in the registry office of Montréal under numbers 1753705 and 1799906.

1978, c. 83, Schedule A; 1996, c. 2, s. 847.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 72 of the statutes of 1975, in force on 31 December 1977, is repealed, except sections 20 and 34, effective from the coming into force of chapter R-7 of the Revised Statutes.