m-28 - Act respecting the Ministère des Transports

À jour au 29 décembre 2023

Ce document a valeur officielle.

chapter M-28

Act respecting the Ministère des Transports

The Minister of Transport is designated under the name of Minister of Transport and Substainable Mobility. The Ministère des Transports is designated under the name of Ministère des Transports et de la Mobilité durable. Order in Council 1635-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6511.

CHAPTER I DEPARTMENTAL ORGANIZATION AND OPERATION

1998, c. 13, s. 1.

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

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

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

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

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

3. The Minister shall in particular:

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

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

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

(d)  (paragraph repealed);

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

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

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

(g)  (paragraph repealed);

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

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

(j)  see that the Act respecting roads is applied and the Act respecting transport infrastructure partnerships (chapter P-9.001) are applied;

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

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

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

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

1972, c. 54, s. 3; 1977, c. 5, s. 14; 1981, c. 7, s. 536; 1983, c. 40, s. 75; 1984, c. 23, s. 18; 1986, c. 67, s. 9; 1986, c. 91, s. 655; 1990, c. 38, s. 1; 1991, c. 72, s. 8; 1992, c. 54, s. 70; 1997, c. 40, s. 1; 2005, c. 39, s. 50; 2009, c. 48, s. 26; I.N. 2022-02-01.

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

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

1972, c. 54, s. 4.

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

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

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

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

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

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

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

1972, c. 54, s. 7.

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

1972, c. 54, s. 8.

8.1. (Repealed).

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

9. In the exercise of their functions, any officer or employee of the department, or any other person designated by the Minister, may enter and pass over any land at any reasonable time in order to carry out inventories, surveys, examinations, analyses or other preparatory work related to the Minister’s mission. However, no inventory, survey, examination, analysis or other preparatory work that may be so carried out may cause damage to the land concerned.

Persons authorized to act under the first paragraph must, on request, produce a certificate of authority.

1972, c. 54, s. 9; 2015, c. 16, s. 4; 2023, c. 27, s. 203.

9.1. The Minister may, for the purpose of assessing the safety of a transport infrastructure, order the contractor or owner of the infrastructure to carry out any test, survey, testing or verification the Minister specifies.

The Minister may also require that the contractor or owner provide the Minister, within the time determined by the Minister, with a report on any aspect of the construction or operation of the transport infrastructure, along with any information and documents determined by the Minister.

For the purposes of this Act, a transport infrastructure is a civil engineering structure or an immovable used for transportation by land, air or water.

2015, c. 16, s. 4.

10. The Minister may, in accordance with the applicable legislative provisions, enter into an agreement with a government other than the Gouvernement du Québec or a department or body of such a government, or with an international organization or a body of such an organization.

1972, c. 54, s. 10; 2015, c. 16, s. 4.

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

For the purposes of this section, the word “municipality” includes a native community represented by its band council within the meaning of the Indian Act (R.S.C. 1985, c. I-5) or the Naskapi and the Cree-Naskapi Commission Act (S.C. 1984, c. 18).

1992, c. 54, s. 71; 1997, c. 40, s. 2; I.N. 2022-02-01.

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

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

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

1972, c. 54, s. 11; 1977, c. 5, s. 14; 1983, c. 40, s. 76; 1989, c. 20, s. 5; 1995, c. 65, s. 124; 2016, c. 8, s. 73.

11.0.1. The Minister may acquire by agreement or expropriation, on his own behalf or on another’s behalf, any property he considers necessary for

(1)  the construction, improvement, enlargement, maintenance and use of an active transportation infrastructure project or of a trail within the meaning of the Act respecting off-highway vehicles (chapter V-1.3); and

(2)  the discharge, within the scope of a project that is within his jurisdiction under this Act or any other Act, of his obligations with regard to compensation, which are intended to carry out work to restore or create certain environments or habitats in order to offset losses caused by the project.

The Minister may, after consultation with the Minister of Sustainable Development, Environment and Parks, acquire by agreement or expropriation any property allowing him to establish a land reserve with a view to restoring or creating certain environments or habitats there.

2023, c. 27, s. 204.

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

The Minister may also, with the authorization of the Government and on the conditions it determines in each case, acquire by agreement or expropriation, on behalf of the Caisse de dépôt et placement du Québec or one of its wholly-owned subsidiaries within the meaning of the fifth paragraph of section 4 of the Act respecting the Caisse de dépôt et placement du Québec (chapter C-2) and described in subparagraph a.1 of the first paragraph of section 31 or referred to in the third paragraph of section 32 of that Act, any property required to carry out a shared transportation infrastructure project that is the subject of an agreement entered into under section 88.10 of the Transport Act (chapter T-12). The Minister may do likewise on behalf of the Autorité régionale de transport métropolitain, the Réseau de transport métropolitain, the Société de transport de Montréal and, as determined by the Government, on behalf of a municipality or another public transit authority, in the case of any property required to carry out a shared transportation infrastructure project.

Any person requesting the Minister to acquire property must identify the property in accordance with the terms determined by the Minister.

1983, c. 40, s. 76; 2015, c. 17, s. 7; 2016, c. 8, s. 74; 2017, c. 17, s. 67.

11.1.1. The first and second paragraphs of article 3042 of the Civil Code also apply to the Minister of Transport where the Minister makes an acquisition by agreement under this Act or any other legislative provision.

2015, c. 17, s. 8; 2023, c. 27, s. 205.

11.1.2. As part of an expropriation procedure carried out by the Minister of Transport under this Act or any other Act, the Minister may give the notice of transfer of right and the notice of intention to register a notice of transfer provided for in section 38 of the Act respecting expropriation (chapter E-25) and cause the notice of transfer of right to be registered in the land register.

2016, c. 8, s. 75; 2017, c. 17, s. 68; 2020, c. 17, s. 89; 2023, c. 27, s. 206.

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

1983, c. 40, s. 76.

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

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

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

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

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

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

This section does not apply to the Minister’s disposition, in favour of the Caisse de dépôt et placement du Québec or a subsidiary of the latter referred to in the second paragraph of section 11.1, of property required for the carrying out of a shared transportation infrastructure project that is the subject of an agreement entered into under section 88.10 of the Transport Act (chapter T-12).

1983, c. 40, s. 76; 1984, c. 23, s. 19; 1991, c. 57, s. 2, s. 5; 2000, c. 8, s. 240; 2006, c. 29, s. 52; 2017, c. 17, s. 69.

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

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

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

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

1997, c. 46, s. 2; 1996, c. 26, s. 85; 2020, c. 17, s. 112.

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

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

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

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

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

Except on a question of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C‐25.01) may be exercised and no injunction may be granted against the Minister or the person designated by the Minister for acts performed under this section.

1987, c. 27, s. 1; 1996, c. 2, s. 740; 1999, c. 82, s. 21; 2000, c. 37, s. 1; I.N. 2016-01-01 (NCCP).

11.7. The Minister provides, in support of the mission of the Government, aircraft charter services and air transportation services for such uses as air ambulance transportation, forest fire fighting, territory surveillance and passenger transportation.

The Minister may also provide to any person the services related to aircraft pilot accreditation, instruction and training services.

2015, c. 16, s. 5.

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

1972, c. 54, s. 12.

12.1. The Government, by regulation, in respect of immovables under the administration of the Minister or of a partner in accordance with the Act respecting transport infrastructure partnerships (chapter P-9.001), and in respect of facilities and equipment therein, may

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

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

(c)  prohibit or regulate certain activities thereon;

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

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

1984, c. 23, s. 20; 2009, c. 48, s. 27.

12.1.1. The Government may, by regulation, prohibit the provision of road service or towing by a tow truck on all or part of a public road that it specifies among the roads, autoroutes and bridges or other infrastructures maintained by the Minister or by a partner in accordance with the Act respecting transport infrastructure partnerships (chapter P-9.001).

1991, c. 57, s. 7; 1997, c. 46, s. 3; 2009, c. 48, s. 28.

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

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

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

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

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

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

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

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

12.3.1. (Repealed).

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

12.4. Every person who contravenes section 9.1 or a prescription of any regulation under section 12.1 to which a contravention is an offence or under section 12.1.1 is guilty of an offence and liable to a fine of not less than $50 nor more than $200.

1984, c. 23, s. 20; 1990, c. 4, s. 584; 1991, c. 57, s. 10; 2015, c. 16, s. 6.

12.4.1. Whoever in any way hinders an inspector or a person conducting an inquiry, misleads the inspector or person by concealment or misrepresentation, or refuses to hand over information or a document the inspector or person is entitled to require or examine, or conceals or destroys a document or property relevant to an inspection or inquiry is guilty of an offence and is liable to a fine of $1,000 to $5,000 in the case of a natural person and $3,000 to $15,000 in all other cases.

2015, c. 16, s. 7.

12.5. (Repealed).

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

12.6. (Repealed).

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

12.7. (Repealed).

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

12.8. (Repealed).

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

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

1984, c. 23, s. 20.

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

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

1985, c. 35, s. 46.

12.11. (Repealed).

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

12.12. (Repealed).

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

12.13. (Repealed).

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

12.14. (Repealed).

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

12.15. (Repealed).

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

12.16. (Repealed).

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

12.17. (Repealed).

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

12.18. (Repealed).

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

12.19. (Repealed).

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

12.20. (Repealed).

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

12.21. (Repealed).

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

CHAPTER I.1 INSPECTION AND INQUIRIES

2015, c. 16, s. 8.

DIVISION I INSPECTION

2015, c. 16, s. 8.

12.21.1. The Minister may designate a person to carry out an inspection in any premises where an activity governed by this Act or another Act the Minister is responsible for administering is held.

The person designated by the Minister may, for the purposes of any of those Acts,

(1)  enter those premises at any reasonable time;

(2)  demand any information relating to the application of any of those Acts and the production of any related document;

(3)  examine and make a copy of such documents;

(4)  examine the premises and the property found there; and

(5)  photograph those premises and that property.

During an inspection of a construction site, the person responsible for the site must give access to the site and reasonable assistance to the inspector, and accompany him or her.

2015, c. 16, s. 8.

12.21.2. A person authorized to act as an inspector must, on request, produce a certificate of authority.

2015, c. 16, s. 8.

12.21.3. An inspector may, by a request sent by registered mail or personal service, require from a person, within a reasonable time specified by the inspector, any information or document related to the application of this Act or another Act the Minister is responsible for administering.

2015, c. 16, s. 8; I.N. 2016-01-01 (NCCP).

12.21.4. An inspector may send any person the recommendations the inspector considers appropriate.

In the event of a possible failure by a contractor referred to in section 1 of the Act respecting contracting by public bodies (chapter C-65.1) to comply with a contract rule, the inspector must send a copy of the inspection report to the contract rules compliance monitor designated by the Minister.

2015, c. 16, s. 8.

12.21.5. No proceedings may be brought against an inspector for acts performed in good faith in the exercise of the functions of office.

2015, c. 16, s. 8.

DIVISION II INQUIRIES

2015, c. 16, s. 8.

12.21.6. The Minister may designate persons to conduct inquiries for the purposes of this Act or another Act the Minister is responsible for administering.

No proceedings may be brought against such persons for acts performed in good faith in the exercise of the functions of office.

2015, c. 16, s. 8.

12.21.7. The Minister or any person the Minister designates may conduct an inquiry on any matter governed by this Act or another Act the Minister is responsible for administering.

For the purposes of an inquiry, the person designated by the Minister is vested with the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.

2015, c. 16, s. 8.

CHAPTER I.2 SUPPORT FOR SHARED TRANSPORTATION INFRASTRUCTURE PROJECTS

2016, c. 8, s. 76.

12.21.8. The Minister supports, for consideration, the Autorité régionale de transport métropolitain, the Réseau de transport métropolitain, the Société de transport de Montréal and, as determined by the Government, a municipality or another public transit authority, in managing their shared transportation infrastructure projects that satisfy the criteria determined by the Conseil du trésor under the second paragraph of section 16 of the Public Infrastructure Act (chapter I-8.3).

As a result, a body referred to in the first paragraph must deal with the Minister in carrying out all operations related to such a project in order to ensure rigorous management of each phase of the project.

2016, c. 8, s. 76.

12.21.9. A body referred to in section 12.21.8 that works with the Minister for the purposes of the second paragraph of that section remains responsible for its project and retains control of it, subject to an agreement in that regard with the Minister or a decision of the Conseil du trésor which expressly gives the Minister control of and responsibility for the project.

2016, c. 8, s. 76.

12.21.10. This chapter does not apply to a shared transportation infrastructure project that is the subject of an agreement entered into under section 88.10 of the Transport Act (chapter T-12), or to a shared transportation infrastructure project of a public body subject to the Public Infrastructure Act (chapter I-8.3).

2016, c. 8, s. 76.

CHAPTER II SPECIAL FUNDS

1998, c. 13, s. 1.

DIVISION I

Repealed, 2010, c. 20, s. 34.

1998, c. 13, s. 1; 2010, c. 20, s. 34.

12.22. (Repealed).

1991, c. 32, s. 230; 2010, c. 20, s. 34.

12.23. (Repealed).

1991, c. 32, s. 230; 2010, c. 20, s. 34.

12.24. (Repealed).

1991, c. 32, s. 230; 2010, c. 20, s. 34.

12.25. (Repealed).

1991, c. 32, s. 230; 2000, c. 15, s. 128; 2010, c. 20, s. 34.

12.26. (Repealed).

1991, c. 32, s. 230; 2010, c. 20, s. 34.

12.27. (Repealed).

1991, c. 32, s. 230; 2000, c. 8, s. 169; 2000, c. 15, s. 129; 2010, c. 20, s. 34.

12.28. (Repealed).

1991, c. 32, s. 230; 2010, c. 20, s. 34.

12.29. (Repealed).

1991, c. 32, s. 230; 1999, c. 40, s. 190; 2010, c. 20, s. 34.

DIVISION II SPECIAL FUNDS

1998, c. 13, s. 2; 2010, c. 20, s. 35.

12.30. The following funds are established:

(1)  the “Land Transportation Network Fund”, to finance

(0.a)  the shared transportation services of the Autorité régionale de transport métropolitain;

(a)  the public transit services of the public transit authorities listed in section 88.1 of the Transport Act (chapter T-12);

(a.1)  programs and measures covered by section 15 of the Act respecting off-highway vehicles (chapter V-1.3);

(b)  the construction and operation of road infrastructures and public transit infrastructures that are the subject of a partnership agreement entered into under the Act respecting transport infrastructure partnerships (chapter P-9.001);

(c)  road infrastructures and public transit infrastructures not included in subparagraph b, with respect to

i.  development, improvement, preservation and maintenance work on road infrastructures and their accessories;

ii.  the operation of lookouts, rest areas and service areas; and

iii.  the acquisition and improvement of equipment, rolling stock and infrastructures related to public transit;

(d)  the other activities relating to the provision of goods and services within the wayside park network and all operations related to the design, implementation, management and activities of that network;

(e)  the operating expenses of the public transit services of the following bodies:

i.  (subparagraph repealed);

ii.  (subparagraph repealed);

iii.  an intermunicipal management board established under article 580 of the Municipal Code of Québec (chapter C-27.1) or section 468.11 of the Cities and Towns Act (chapter C-19), a local municipality or a group of municipalities, when they organize a public transit service under section 48.18 of the Transport Act;

(f)  the public transit services of public transit authorities;

(g)  financial assistance programs designed for the purposes set out in the second paragraph of section 15.1 of the Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs (chapter M-30.001) and that promote the development and use of public transit or the development and use of modes of passenger transport other than passenger vehicles occupied by the driver only;

(h)  transportation services by ferry-boat to link Municipalité de Baie-Sainte-Catherine and Village de Tadoussac; and

(i)  the modernization of transportation services by taxi;

(j)  the development, improvement, preservation and maintenance of active transportation infrastructures and their accessories;

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

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

(2.1)  the “Air Service Fund”, to finance

(a)  the services referred to in section 11.7, as well as activities related to those services, including the acquisition, preservation, improvement, maintenance and disposal of equipment;

(b)  the acquisition, construction, preservation, improvement, maintenance, disposal or operation of air transportation equipment and infrastructures determined by the Government;

(3)  (paragraph repealed).

1996, c. 58, s. 1; 1998, c. 13, s. 2; 2007, c. 40, s. 87; 2009, c. 48, s. 29; 2010, c. 20, s. 36; 2010, c. 33, s. 28; 2011, c. 18, s. 234; 2012, c. 28, s. 26; 2013, c. 16, s. 169; 2015, c. 16, s. 9; 2016, c. 22, s. 47; 2017, c. 4, s. 251; 2016, c. 8, s. 77; 2019, c. 18, s. 291; 2020, c. 5, s. 240; 2020, c. 19, s. 26; 2020, c. 26, s. 137.

See transitional provisions, 2019, c. 18, s. 291 related to subparagraph i of paragraph 1 of section 12.30.

§ 1 . — Land Transportation Network Fund

1998, c. 13, s. 2; 2010, c. 20, s. 37; 2010, c. 33, s. 29.

12.31. (Repealed).

1996, c. 58, s. 1; 2011, c. 18, s. 235.

12.31.1. Despite section 56 of the Financial Administration Act (chapter A-6.001), the Minister of Finance shall draw up the particulars for the management of the Fund; they must be submitted to the Conseil du trésor for approval.

2010, c. 20, s. 38; 2011, c. 18, s. 236.

12.32. The following are credited to the Fund, exclusive of the interest earned:

(0.1)  the sums paid by the Société de l’assurance automobile du Québec under section 88.4 of the Transport Act (chapter T-12);

(0.2)  the sums paid by the Société de l’assurance automobile du Québec under section 13 of the Act respecting off-highway vehicles (chapter V-1.3), the amounts determined by the Government under section 14 of that Act, the amounts of the fines and monetary administrative penalties imposed under that Act and, if applicable, the duties exigible according to a regulation made under subparagraph 4 of the first paragraph of section 19 of that Act;

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

(2)  the sums transferred to the Fund by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (chapter A-6.001);

(2.1)  the fee paid for the issue or renewal of a special permit issued under sections 463 and 633 of the Highway Safety Code (chapter C-24.2);

(2.2)  the sums paid by the Société de l’assurance automobile du Québec under section 648.4 of the Highway Safety Code;

(2.3)  the sums transferred to the Fund by the Minister of Revenue under section 55.1.1 of the Fuel Tax Act (chapter T-1);

(2.4)  the sums received for damage caused to road infrastructures under the responsibility of the Minister and to their accessories, including damages of any kind, paid following proceedings instituted for such damage;

(2.5)  the sums collected by the Minister for granting a right, from a sale, concession or lease or under any other provision of a contract related to the activities of the Fund;

(2.6)  the sums collected by the Minister for the encroachment or installation of telecommunications or power transmission or distribution equipment on the right of way of a road;

(2.7)  the tolls and fees collected by a partner under the Act respecting transport infrastructure partnerships (chapter P-9.001);

(2.8)  the sums paid by a partner or a third party in accordance with a partnership agreement entered into under the Act respecting transport infrastructure partnerships for the purpose of building or operating a road infrastructure or public transit infrastructure;

(2.9)  the sums transferred to the Fund by the Minister of Finance under section 12.32.3;

(2.10)  the sums paid into the Fund by the Société du Plan Nord under an agreement providing for their allocation, in accordance with section 21 of the Act respecting the Société du Plan Nord (chapter S-16.011);

(2.11)  the sums transferred to the Fund by the Minister of Sustainable Development, Environment and Parks under section 15.4.1 of the Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs (chapter M-30.001); and

(2.12)  the sums paid by the Commission des transports du Québec under section 127.1 of the Act respecting transportation services by taxi (chapter S‑6.01); and

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

1996, c. 58, s. 1; 2008, c. 14, s. 117; 2010, c. 20, s. 39; 2010, c. 33, s. 30; 2011, c. 18, Sch. I, s. 14, s. 18; 2011, c. 18, Sch. I, s. 14; 2011, c. 18, s. 237; 2012, c. 15, s. 29; 2013, c. 16, s. 139, s. 170; 2014, c. 16, s. 86; 2016, c. 22, s. 48; 2010, c. 20, ss. 39 and 82; 2019, c. 18, s. 291; 2020, c. 26, s. 138.

See transitional provisions, 2019, c. 18, s. 291 related to paragraph 2.12 of section 12.32.

12.32.1. The sums referred to in paragraph 0.1 of section 12.32 are allocated to the financing of public transit authorities listed in section 88.1 of the Transport Act (chapter T-12), in accordance with the conditions established under section 88.5 of that Act.

The sums referred to in paragraph 0.2 of section 12.32 are allocated to the financing of the financial assistance programs and the measures provided for in section 15 of the Act respecting off-highway vehicles (chapter V-1.3).

The portion of the sums referred to in paragraph 2.3 of section 12.32 that corresponds to the proceeds of the fuel tax increase applicable in a given area is paid by the Minister to public transit authorities, in accordance with section 12.32.1.2, to finance the public transit services they organize.

The sums referred to in paragraph 2.11 of section 12.32 are allocated to financing the transit services referred to in subparagraph 0.a, subparagraph iii of subparagraph c and subparagraph e of paragraph 1 of section 12.30 and the financial assistance programs referred to in subparagraph g of that paragraph.

The sums referred to in paragraph 2.12 of section 12.32 are allocated to financing the modernization of transportation services by taxi referred to in subparagraph i of paragraph 1 of section 12.30.

Except for the sums referred to in the third, fourth and fifth paragraphs, the sums referred to in paragraphs 1 to 3 of section 12.32 are allocated to financing the activities referred to in subparagraphs 0.a, b, c, d, e, h and j of paragraph 1 of section 12.30.

2010, c. 20, s. 40; 2010, c. 33, s. 31; 2012, c. 28, s. 27; 2013, c. 16, s. 171; 2016, c. 22, s. 49; 2016, c. 8, s. 78; 2019, c. 18, s. 291; 2020, c. 5, s. 241; 2020, c. 26, s. 139.

See transitional provisions, 2019, c. 18, s. 291 related to the fifth paragraph of section 12.32.1.

12.32.1.1. For the purposes of subparagraph f of paragraph 1 of section 12.30 and the third paragraph of section 12.32.1,

(1)  “public transit authorities” means public bodies providing public transport determined by the Government that are in a given area where the fuel tax increase concerned is collected;

(2)  “given area” means an area subject to a tax increase, within the meaning of section 1 of the Fuel Tax Act (chapter T-1), excluding the area of jurisdiction of the Autorité régionale de transport métropolitain, or, if applicable, part of an area subject to a tax increase if that area has been divided by the Government following consultations with the regional county municipalities, the Communauté métropolitaine de Québec and the local municipalities whose territories are not included in that of a regional county municipality or of the Communauté métropolitaine de Québec in that area.

2012, c. 28, s. 28; 2016, c. 8, s. 79.

12.32.1.2. Payments of the proceeds from the fuel tax increase applicable in a given area are made in accordance with the terms and conditions determined for those proceeds by the Government.

Before determining those terms and conditions, the Government shall consult the regional county municipalities and the local municipalities, whose territories are not included in that of a regional county municipality, present in the given area, to obtain their views on how to share those proceeds. However, if the given area is the territory of the Communauté métropolitaine de Québec, the Government shall, instead of holding a consultation, take into account the apportionment rules approved by that metropolitan community.

2012, c. 28, s. 28.

The last sentence of the second paragraph of section 12.32.1.2 comes into force on the same date as that on which the fuel tax increase applicable in the territory of the Communauté métropolitaine de Québec becomes applicable. (2012, c. 28, s. 202).

12.32.2. For the purposes of the Fund, road infrastructures include the roads, lookouts, rest areas, service areas, inspection stations and parking lots situated in the right of way of a road, but exclude the infrastructures of an inspection station that are under the responsibility of the Société de l’assurance automobile du Québec.

2010, c. 20, s. 40.

12.32.3. The Minister of Finance transfers to the Fund, out of the sums credited to the general fund, the part of the fines collected under section 509.2 of the Highway Safety Code (chapter C-24.2) determined by the Government, on the recommendation of the Minister of Transport, to reimburse the partner, if warranted, for the amount of the tolls and fees paid under the Act respecting transport infrastructure partnerships (chapter P-9.001).

The Minister of Transport shall determine the intervals and other terms of the transfers.

2011, c. 18, s. 238.

12.33. (Repealed).

1996, c. 58, s. 1; 2000, c. 15, s. 130; 2011, c. 18, s. 239.

12.34. (Repealed).

1996, c. 58, s. 1; 2011, c. 18, s. 239.

12.35. (Repealed).

1996, c. 58, s. 1; 2011, c. 18, s. 239.

12.36. (Repealed).

1996, c. 58, s. 1; 2011, c. 18, s. 239.

12.37. (Repealed).

1996, c. 58, s. 1; 2000, c. 8, s. 170; 2000, c. 15, s. 131; 2011, c. 18, s. 239.

12.38. (Repealed).

1996, c. 58, s. 1; 2011, c. 18, s. 239.

12.39. (Repealed).

1996, c. 58, s. 1; 1999, c. 40, s. 190; 2011, c. 18, s. 239.

§ 1.1 . — Highway safety fund

2007, c. 40, s. 88.

12.39.1. The following are credited to the Fund, exclusive of the interest earned:

(1)  fines collected under section 315.4 of the Highway Safety Code (chapter C-24.2);

(1.1)  fines collected under sections 509 and 516 to 516.2 of the Highway Safety Code in the case of an offence evidenced by a photograph or series of photographs taken by a photo radar device or a red light camera system;

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

(1.3)  sums received for damage caused to a photo radar device or red light camera system, its accessories or the related signs or signals, including damages of any kind, paid following proceedings instituted for such damage;

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

(3)  sums transferred to the Fund by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (chapter A-6.001);

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

2007, c. 40, s. 88; 2008, c. 14, s. 118; 2011, c. 18, s. 240, s. 323; 2012, c. 15, s. 30; 2022, c. 13, s. 83.

12.39.2. The Minister of Transport shall establish an advisory committee composed of seven members chosen from among the members of the Table québécoise de la sécurité routière, at least one of whom represents drivers of passenger vehicles. The mandate of the committee is to advise the Minister annually on the use of the sums credited to the Fund.

2007, c. 40, s. 88; 2011, c. 18, s. 241; 2012, c. 15, s. 31.

§ 2 . — Rolling stock management fund

1998, c. 13, s. 3.

12.40. The following are credited to the Fund, exclusive of the interest earned:

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

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

(3)  the sums transferred to the Fund by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (chapter A-6.001);

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

1998, c. 13, s. 3; 2011, c. 18, s. 242.

12.41. The activities of the fund shall consist in

(1)  the leasing of rolling stock;

(2)  the provision of services for the acquisition and disposal of rolling stock, subject to the provisions of the Act respecting the Centre d’acquisitions gouvernementales (chapter C-7.01);

(3)  the repair and maintenance of rolling stock;

(4)  the supplying of fuel;

(5)  the provision of mechanical engineering services;

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

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

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

1998, c. 13, s. 3; 2005, c. 7, s. 71; 2011, c. 18, s. 243; 2020, c. 2, s. 53.

12.42. The surpluses accumulated in the fund are transferred to the general fund on the dates and to the extent determined by the Government.

1998, c. 13, s. 3; 2011, c. 18, s. 244.

§ 2.1 . — Air Service Fund

2015, c. 16, s. 10.

12.42.1. The following are credited to the Fund:

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

(2)  the sums received for damage caused to air transportation equipment and infrastructures under the responsibility of the Minister, including damages of any kind that are paid following proceedings instituted for such damage;

(3)  the sums transferred to the Fund by the Minister of Transport out of the appropriations granted for that purpose by Parliament;

(4)  the sums transferred to the Fund by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (chapter A-6.001);

(5)  the gifts, legacies and other contributions paid into the Fund to further the achievement of its objects;

(6)  the revenue generated by the sums credited to the Fund.

2015, c. 16, s. 10.

12.42.2. The surpluses accumulated by the Fund are transferred to the general fund on the dates and to the extent determined by the Government.

2015, c. 16, s. 10.

§ 3 . —

Repealed, 2010, c. 20, s. 41.

2009, c. 48, s. 30; 2010, c. 20, s. 41.

12.43. (Repealed).

2009, c. 48, s. 30; 2010, c. 20, s. 41.

12.44. (Repealed).

2009, c. 48, s. 30; 2010, c. 20, s. 41.

13. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

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