R-8 - Act respecting the Régie des services publics

Remplacée le 9 novembre 1988

Ce document a valeur officielle.

chapter R-8

Act respecting the Régie des services publics

Chapter R-8 is replaced by the Act respecting the Régie des télécommunications (chapter R-8.01). (1988, c. 8, s. 71).

1988, c. 8, s. 71.

DIVISION I INTERPRETATION

1. This act shall apply to the matters set forth in section 2 appertaining to the jurisdiction of Québec.

R. S. 1964, c. 229, s. 1.

2. In this act, the following expressions mean:

(1)  “Board” : the Régie des services publics;

(2)  “owner” : every person, partnership or corporation and the lessees, trustees, liquidators, sequestrators or receivers thereof, who operate, manage or control a public service within the meaning of this act;

(3)  “public service” : any service the principal or accessory object of which is the broadcast, transmission or reception of sound, images, signs, signals, data or messages by wire, cable, waves or any electric, electronic, magnetic, electromagnetic or optical means.

R. S. 1964, c. 229, s. 2; 1969, c. 65, s. 24; 1972, c. 56, s. 1; 1975, c. 31, s. 8; 1977, c. 5, s. 14.

DIVISION II CONSTITUTION OF THE BOARD

3. An organization for the supervision and control of the public services defined in section 2 is hereby instituted under the name of “Régie des services publics”.

It shall be composed of nine controllers, including a president and two vice-presidents, appointed by the Government for a fixed period not to exceed ten years. The Government shall also fix their salaries. Nevertheless, once their term of office and the amount of their salaries are fixed, they shall not be reduced. They shall remain in office upon expiry of their term until reappointed or replaced.

The president and vice-presidents shall be chosen from among the judges of the Court of Québec or the members of the Barreau du Québec.

The Board shall not be dissolved by reason of a vacancy among the controllers.

Notwithstanding the second paragraph, the Government may, if it considers that the dispatch of the business of the Board so requires, appoint, for such time and with such remuneration as it fixes, four additional controllers who shall have the powers of controllers appointed under the second paragraph.

R. S. 1964, c. 229, s. 3; 1972, c. 56, s. 2; 1977, c. 5, s. 14, s. 229; 1988, c. 21, s. 128.

4. The Board shall have its corporate seat within the territory of the Communauté urbaine de Québec; it may have offices at any other place in Québec designated by the Minister of Communications, upon recommendation of the president.

R. S. 1964, c. 229, s. 4; 1969, c. 65, s. 25; 1972, c. 56, s. 3; 1977, c. 5, s. 14.

5. The Board shall hold its sittings at such place as may be required for the dispatch of its business.

The Board may sit in several divisions simultaneously in the same locality or in different localities. Each division shall be composed of at least two members, including the president, a vice-president or a controller who is a judge of the Court of Québec or a member of the Barreau du Québec.

R. S. 1964, c. 229, s. 5; 1972, c. 56, s. 4; 1977, c. 5, s. 229; 1988, c. 21, s. 129.

6. When the Board holds its sittings at the chief place of a judicial district, the sheriff of such district shall put at its disposal suitable premises for the holding of its sittings.

In any other place where it holds its sittings, the Board may use, free of charge, the court room in which the Court of Québec holds its sittings.

At any sitting held in a locality other than Québec or Montréal, the clerk of the Court of Québec, or the deputy clerks, may act in the place and stead of the secretary of the Board.

R. S. 1964, c. 229, s. 6; 1972, c. 56, s. 5; 1988, c. 21, s. 66, s. 130.

7. In the case of the death of a controller, or of his inability to act from illness, absence from Québec or any other cause, the Government may appoint a person to act temporarily in his stead and may fix his remuneration; the person so appointed shall have all the powers and perform all the duties of a controller.

R. S. 1964, c. 229, s. 7.

8. The Board, or its president, may authorize a controller to make a report on any question coming under its jurisdiction; such controller shall then have all the powers of two controllers sitting together, to receive evidence and obtain the information required for the preparation of such report.

R. S. 1964, c. 229, s. 8.

9. The vice-president designated by the Government shall exercise the powers of the president in the case of the absence or inability of the latter to act or in the case of vacancy of the function.

The controllers, including the president, shall decide by a majority of votes; if there be a tie, the president shall have a casting vote.

The opinion of the president shall prevail on all questions of law.

R. S. 1964, c. 229, s. 9; 1972, c. 56, s. 6.

10. The controllers shall attend exclusively to the business of the Board and the duties of their function; they shall exercise no other profession nor occupy any other office.

R. S. 1964, c. 229, s. 10.

11. It shall be forbidden for any controller, officer or employee of the Board, under pain of forfeiture of his function, to have any interest whatsoever, direct or indirect, in a public service coming under paragraph 3 of section 2.

However, such forfeiture shall not take place if such interest devolves to him by succession or by donation, provided he renounces thereto or disposes thereof with all possible dispatch.

R. S. 1964, c. 229, s. 11.

12. The secretary and the other functionaries and employees of the Board shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

R. S. 1964, c. 229, s. 12; 1966-67, c. 17, s. 13; 1978, c. 15, s. 140; 1983, c. 55, s. 161.

13. The Minister of Communications may authorize the Board to retain, temporarily and on such conditions as he shall determine, the services of persons other than its regular employees.

R. S. 1964, c. 229, s. 13; 1969, c. 65, s. 26.

DIVISION III PROHIBITED RECOURSES

14. The controllers, secretary, officers and employees of the Board cannot be sued in justice on account of official acts done in good faith in the exercise of their functions.

R. S. 1964, c. 229, s. 14.

DIVISION IV POWERS OF THE BOARD

15. The Board, any member thereof designated by the president and any person specially authorized for such purpose by the Board may make an inventory of the property of any owner of a public service and carry out investigations as to the financial structure, books, methods of accounting, rates, receipts, profits, salaries and in general all the operations of such owner.

Sections 6, 9, 10, 11, 12, 13, 16 and 18 of the Act respecting public inquiry commissions (chapter C-37), shall apply, mutatismutandis, to every investigation held in virtue of this section. In the case where such investigations are conducted by a person other than a member of the Board, such person shall take the oath provided in section 2 of the aforesaid Act respecting public inquiry commissions.

R. S. 1964, c. 229, s. 15.

16. Any member of the Board and any investigator acting in virtue of this act may, on any day not a holiday, between eight hours and eighteen hours:

(a)  have access to any place where the public service or part of the service forming the object of an inventory or of an investigation is situated, make a full examination of the premises, work, rolling-stock and other property therein, and take cognizance of any books, plans, specifications, drawings and documents whatsoever that they may deem useful to consult;

(b)  bring and utilize upon the premises the equipment and the instruments deemed necessary by them for their investigations and make use of those found there.

R. S. 1964, c. 229, s. 16.

17. The prices, rates and rentals demanded by any owner of a public service must be fair and reasonable.

Every owner of a public service shall supply the Board, before starting his operations and every time the Board requires him to do so, with the list of his prices, rates or rentals together with a copy of his classifications, regulations, contract forms and other documents of similar nature and all other information which the Board may require.

R. S. 1964, c. 229, s. 17.

18. The Board may, upon its own initiative or at the request of any interested party and after investigation, amend the prices, rates and rentals demanded for his services by any owner of a public service, in such a manner as to render them fair and reasonable.

It shall be illegal for an owner to demand or receive prices, rates or rentals other than those of which he has produced the list or which have been fixed by an ordinance of the Board.

Any amount paid in excess of the prices fixed by the Board may be claimed back by the person who paid it or by his representatives or assigns, notwithstanding any agreement or stipulation to the contrary.

R. S. 1964, c. 229, s. 18.

19. At the request of any interested party, the Board may cancel or alter any contract or regulation respecting a public service, if the party applying establishes that the conditions of such contract or of such regulation are abusive.

R. S. 1964, c. 229, s. 19.

20. The Board may, in addition:

(a)  impose upon the owners of public services the obligation of adopting any measure or reform tending to improve their services;

(b)  regulate conditions as to health and safety in public services.

R. S. 1964, c. 229, s. 20.

21. The Board, in matters within its authority and the limits of its powers, shall decide any question submitted to it and may issue any ordinance which it deems expedient and adjudicate at its discretion upon the costs and expenses of the investigations held by it, of the trial of the suits submitted to it and of the execution of such ordinances.

The decisions of the Board on any question of fact within its jurisdiction shall be final and without appeal.

R. S. 1964, c. 229, s. 21.

22. Any writing or document coming from the Board, signed or attested by a member or by the secretary of the Board, in his official capacity, is authentic and makes proof of its contents, without its being necessary to prove the signature thereon.

R. S. 1964, c. 229, s. 22.

DIVISION V JURISDICTION OF THE BOARD

23. No owner shall begin the construction, operation or administration of a public service in Québec without having obtained an authorization for such purpose from the Board.

The authorization must state the conditions which the Board deems useful or necessary for the protection of the rights and interests of the public in general.

The Board may at any time cancel an authorization or amend it, whenever it deems it expedient in the public interest.

R. S. 1964, c. 229, s. 23.

23.1. (1)  The Board, when cancelling an authorization to operate a public service in conformity with section 23, may order the transfer of the whole or part of the property, rights and obligations of the owner of that service to the owner of another public service.

(2)  If the owners of the undertakings concerned do not agree on the prices, terms and conditions of payment or on an arbitration for that purpose within sixty days after that order, the Board shall determine the prices, terms and conditions of payment applicable to each of the undertakings concerned.

(3)  The order of the Board declaring the cancellation of an authorization to operate and the transfer provided for in subsection 1 is executory notwithstanding any appeal, as any other order maintained in execution in the public interest.

1978, c. 77, s. 1.

23.2. To ensure continuity of service to the public during an action for cancellation of an authorization under section 23, or after such an authorization has been cancelled, the Board shall ensure that the regular services of the undertaking concerned are maintained.

1978, c. 77, s. 1.

23.3. The employees of the public service whose authorization to operate is cancelled under section 23 and whose property, rights and obligations are in whole or in part transferred under section 23.1, become, from the date fixed in the order to transfer, the employees of the public service in whose favour such transfer has been made.

1978, c. 77, s. 1.

24. Every owner of a public service must obtain the prior authorization of the Board to cease or interrupt his operations or to extend or amend his service.

R. S. 1964, c. 229, s. 24.

25. In the exercise of its jurisdiction, the Board shall comply with the regulations made by the Government under section 4 of the Act respecting the Ministère des Communications (chapter M-24).

R. S. 1964, c. 229, s. 25; 1972, c. 56, s. 7.

26. The Board shall advise the Minister on any matter which he refers to it. For that purpose it may receive and hear petitions and suggestions from the public. It must, when in the opinion of the Minister the importance of the matters submitted so requires, receive and hear petitions and suggestions from the public. The procedure of such public hearings shall be determined by a regulation of the Government which shall come into force on the day of its publication in the Gazette officielle du Québec.

1972, c. 56, s. 7.

27. Whenever the Board decides that the owner of a public service has the right to enter a municipality for the purpose of placing therein the poles, wires, pipes, conduits or other appliances of such owner, upon, over or under any property belonging to the municipal corporation, and whenever such owner cannot come to an agreement with such municipality as to the use of said property or as to the terms or conditions of the use thereof or of the continuance of such use, the Board shall have exclusive jurisdiction to hear and decide any contestation arising with respect thereto and may permit the use or continuance of the use of such property upon such terms and conditions as it may prescribe.

The same shall apply whenever the owner of a public service is authorized to extend his service into new territory and cannot come to an agreement with the municipal corporations situated therein, for the use of the properties of the said corporations, and the Board may permit him, for such purposes, upon the terms and conditions fixed by the Board, the use of such properties, notwithstanding any law or contract granting to any other person or company exclusive rights in such territories or parts of such territories.

R. S. 1964, c. 229, s. 26 (part).

28. The Board shall have jurisdiction to hear and decide any dispute which may arise between a municipal corporation and the owner of a public service respecting the carrying out of the terms and conditions laid down by the Board under the authority of section 27 and it may change such terms and conditions whenever it deems it expedient in the public interest.

R. S. 1964, c. 229, s. 27.

29. The Board may, upon the demand of a municipal corporation or of any interested party, after investigation, order the extension of the service of an owner of a public service in the municipality in which he already carries on his service and may fix the conditions of such extension including the cost of all necessary works, which the Board may apportion between the owner and the municipality.

R. S. 1964, c. 229, s. 28 (part).

30. Every service operated by the Government, by one of its departments or bodies or by any other public body, which would constitute a public service if operated by an owner shall be subject to the jurisdiction of the Board to the extent that the rights of third parties are affected.

R. S. 1964, c. 229, s. 29; 1972, c. 56, s. 8; 1977, c. 5, s. 14.

31. Notwithstanding any general law or special act, the Board shall have exclusive jurisdiction to decide, throughout the territory of Québec, the location and conditions for connecting the installations necessary for the operation of a public service.

The Board, in all cases where its decision might derogate from a zoning by-law, shall, before making its decision, call before it the municipality or any other person concerned to make representations to it.

The Board, before rendering a decision that may modify the assignment or the use of an immoveable situated in a reserved area or in an agricultural zone established in accordance with the Act to preserve agricultural land (chapter 41.1), must obtain the advice of the Commission de protection du territoire agricole du Québec.

1972, c. 56, s. 8; 1978, c. 10, s. 108.

32. The Board, in exercising its right of supervision over owners of public services, may make such ordinances as it may deem necessary respecting the quality of the service, equipment, apparatus, extension of works or systems, message routes, reports to be made, rules, regulations, conditions and practices respecting rates, prices, rentals and any other matter within its jurisdiction.

The Board may also decree as to the measures required to protect and assure the functioning of any telephonic, telegraphic or signalling line, in the event of its crossing or paralleling another construction or line under the control of the Board.

It may also make such ordinances as it may deem necessary to assure public safety and advantage and the faithful performance of any contract, charter or franchise entailing the use of public property or rights.

R. S. 1964, c. 229, s. 30; 1972, c. 56, s. 9; 1975, c. 31, s. 9.

33. Every owner of a public service shall be bound, in the operating and administration of his service, to observe the rules, conditions and prescriptions fixed by the Board.

R. S. 1964, c. 229, s. 31.

34. Notwithstanding any general law or special act to the contrary, every merger, cession or sale of a public service, effected by the purchase of all or part of the capital stock or assets of another public service or otherwise, shall be subject to the approval of the Board and shall only have effect from the date fixed in the ordinance attesting such approval.

R. S. 1964, c. 229, s. 32.

35. When the owner of a public service applies to the Board to obtain the exchange of a service with another owner of a similar service, the Board may, after calling the parties, make such ordinance to determine the conditions thereof as it deems in the public interest.

R. S. 1964, c. 229, s. 33; 1972, c. 56, s. 10.

DIVISION VI DUES AND FEES

36. The Government may adopt tariffs of fees and dues payable to the Board on the matters which are submitted to it and the proceedings made before it.

As soon as they are collected, such fees and dues shall be transmitted to the Minister of Finance to be deposited in the consolidated revenue fund.

R. S. 1964, c. 229, s. 34.

DIVISION VII REPORTS OF THE BOARD

37. Each year, in the month of December, the Board shall transmit to the Minister of Communications, for the year ended on the preceding 30th of June, a report containing briefly:

(a)  the petitions made to the Board and the ordinances it has rendered since its taking office or, as the case may be, since its last report;

(b)  the number, nature and result of the investigations it has made during the said period.

It shall, moreover, give the Minister of Communications any information he may require.

R. S. 1964, c. 229, s. 35; 1969, c. 65, s. 27.

DIVISION VIII OFFENCES AND PENALTIES

38. Whoever infringes any provision of this Act, of an ordinance or of the regulations of the Board shall be liable to a fine of not less than $25 and not more than $500 and costs.

R. S. 1964, c. 229, s. 36; 1975, c. 31, s. 10.

39. Every owner of a public service who neglects or refuses to comply within the delay prescribed, with an ordinance of the Board, shall be liable, in addition to the costs, to a fine of at least $5 and not more than $25, for each day of delay in carrying out the ordinance.

R. S. 1964, c. 229, s. 37.

40. In the event of the violation of the provisions of sections 38 and 39, the delinquent may be condemned either to one or to the other of the penalties contemplated by these sections, or to both at the same time.

R. S. 1964, c. 229, s. 38.

41. The penalties provided by this division are imposed upon summary prosecution, in accordance with the Summary Convictions Act (chapter P-15).

Part II of the said act shall apply to such prosecutions.

R. S. 1964, c. 229, s. 39.

42. In every prosecution for an offence against this act,

(a)  it shall not be necessary to produce the original of any book, document, ordinance or register in possession of the Board; but a copy or an extract, certified by the secretary of the Board, shall make proof of the contents of the original;

(b)  it shall be permissible to prosecute, by one and the same complaint, several offences against this act, the ordinances or regulations of the Board, committed by the same person, provided such complaint indicates, precisely, the date and the place where each offence has been committed.

R. S. 1964, c. 229, s. 40.

DIVISION IX PROCEDURE

43. The Board and its members shall hear the parties and the witnesses under oath and shall have the same powers as a judge of the Superior Court to compel witnesses to appear before them and to produce all books, documents, or writings which they may deem necessary or useful for their investigation.

Every official stenographer of the Superior Court shall be qualified to take and transcribe the depositions of witnesses under his oath of office.

Every bailiff shall be, exofficio, a bailiff of the Board and may make a return, under his oath of office, of any service made by him.

R. S. 1964, c. 229, s. 41; 1974, c. 13, s. 36.

44. The Board may make such rules of procedure and practice as it may deem necessary or of service for expediting the business submitted to it and the enforcement of its ordinances.

R. S. 1964, c. 229, s. 42.

45. The Board or any interested party may cause an ordinance of the Board to become executory, in accordance with the rules of the Code of Civil Procedure, by having the same homologated by the Superior Court of the district in which such ordinance was made or of the district in which the public service of the owner concerned is situated.

The Superior Court homologates the ordinance of the Board upon summary petition, notice whereof must have been given in accordance with the Board’s rules of practice and upon the filing of a duly certified copy of the ordinance in the office of the court.

No contestation may be had on such petition for homologation.

After such homologation, the ordinance becomes executory as any other judgment of such court.

During the court vacations or out of term, a judge of the Superior Court shall have the same jurisdiction as the court for the purposes of this section.

The decision of the Board shall become executory fifteen days after the date of its homologation.

No appeal shall lie from the judgment pronouncing such homologation, but the ordinance so homologated shall be subject to appeal in such manner and in such cases as provided in sections 46 and 47.

R. S. 1964, c. 229, s. 43.

DIVISION X APPEAL

46. An appeal shall lie to the Court of Appeal in conformity with the rules of the Code of Civil Procedure, saving the derogations contemplated by this act, from any final decision of the Board upon any question as to its jurisdiction, or upon any question of law.

Such appeal shall be taken by leave of a judge of the said court, given upon a petition presented to him within fifteen days from the rendering of the decision or from the homologation thereof when the same has taken place, and after notice given to the parties and to the Board. The costs of such application shall be in the discretion of the judge.

R. S. 1964, c. 229, s. 44; 1974, c. 11, s. 2.

47. The appeal shall be taken in accordance with the procedure and within the delays provided in the Code of Civil Procedure for appeals authorized by leave of the Court of Appeal by substituting the secretary or assistant secretary of the Board for the prothonotary of the Superior Court, and the Board for the Court which rendered judgment.

R. S. 1964, c. 229, s. 45; 1972, c. 56, s. 11.

48. The Minister of Communications shall have charge of the carrying out of this act.

R. S. 1964, c. 229, s. 46; 1972, c. 56, s. 12.

DIVISION XI

This Division ceased to have effect on 17 April 1987.

49. (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 229 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed, except the second and third paragraphs of section 28, effective from the coming into force of chapter R-8 of the Revised Statutes.