Gazette officielle du Québec. Québec official gazette., 24 juillet 1985, Partie 2 anglais mercredi 24 (no 33)

[" Gazette officielle du Québec Gazette officielle du Québec Part 2 Volume 117 Laws and j&S1985 Regulations Summary Table of contents Acts 1985 Legal deposit \u2014 I\" Quarterly 1968 Bibliothèque nationale du Québec © Éditeur officiel du Québec.1985 NOTICE TO READERS The Gazelle officielle du Quebec (Laws and Regulations) is published under the authority of the Act respecting the Ministère des Communications (R.S.Q.chapter M-24) and the Regulation respecting the Gazelle officielle tin Quebec (O.C.3333-81 dated 2 December 1981 amended by O.C.2856-82 dated 8 December 1982).Part 2 of the Gazelle officielle ilu Quebec is published at least every Wednesday under the title \"LOIS ET RÈGLEMENTS\"'.If a Wednesday is a legal holiday, the Official Publisher is authorized to publish on the preceding day or on the Thursday following such holiday.1.Part 2 contains: 1° Acts assented to.before their publication in (he annual collection of statutes: 2° proclamations of Acts; 3° regulations made by the Government, a minister or a group of ministers and of Government agencies and semi-public agencies described by the Charter of the French language (R.S.Q.chapter C-ll).which before coming into force must be approved by (he Government, a minister or a group of ministers; 4° Orders in Council of the Government, decisions of the Conseil du trésor and ministers' orders whose publication in the Gazelle officielle tin Quebec is required by law or by the Government: 5° regulations and rules made by a Government agency which do not require approval by the Government, a minister or a group of ministers to come into force, but whose publication in (he Gazelle officielle tin Quebec is required by laws: 6° rules of practice made by judicial courts and quasi-judicial tribunals: 7\" drafts of the texts mentioned in paragraph 3 whose publication in (he Gazelle officielle tin Québec is required by law before their adoption or approval by the Government.2.The English edition The English edition of the Gazelle officielle tin Quebec is published at least everv Wednesday under the title \"Part 2 \u2014 LAWS AND REGULATIONS\".When Wednesday is a holiday, the Official Publisher is authorized to publish it on the preceding day or on the Thursday following such holiday.The English version contains the English text ol\" the documents described in paragraphs I, 2.3.5.6 and 7 of section I.3.Rates 1.Subscription rales Part 2 (French) .70 $ per year English edition .70 $ per year 2.Rates for sale separate numbers Separate numbers of the Gazelle officielle tin Quebec sell for 4 S a copy.For information concerning the publication of notices, please call: Pierre Lauzier Gazette officielle du Québec 1279.boul.Charest ouest Québec GIN 4K7 Téléphone: (418) 643-9918 Offprints or subscription only: Ministère des Communications Service à la clientèle \u2022 CP.1005 Québec GIK 7B5 Telephone (418) 643-5150 Table of contents Page Acts 1985 49 An Act to amend the Act respecting the Communauté urbaine de Montréal and other legislation .2905 50 An Act respecting the Société de transport de la rive sud de Montréal.2961 52 An Act to amend the Act respecting the Centre de recherche industrielle du Québec .2999 53 Building Act.3003 54 An Act to amend various legislation respecting transport.3087 55 An Act to repeal the Act respecting corporations lor the development of Québec business firms.3117 57 An Act to repeal Acts and statutory provisions omitted upon the revision of statutes in 1888.1909.1925.1941 and 1964 .3121 90 Auditor General Act.3307 190 An Act respecting the cities of Rouyn and Noranda.3329 194' An Act respecting the municipality of Rivière-Saint-Jean.3335 202 An Act respecting Laduboro Oil Ltd (No Personal Liability).3339 203 An Act to amend the Act to incorporate the Corporation of Chartered Municipal Officers of Québec.3343 204 An Act respecting the description of certain immovables situated at Sept-Iles .3349 205 An Act respecting the (own of Carignan.3353 206 An Aci respecting the winding-up of Les Prévoyants du Canada \" fonds de Pension\".3357 208 An Act respecting an immovable situated in the town of Saint-Joseph-de-Sorel .3365 209 An Act respecting the Richelieu Valley Waterworks Commission .3371 212 An Act respecting the city of Chambly and the Société d'exploitation de la centrale de traitement d'eau Chambly-Marieville-Richelieu.3377 213 An Act respecting (he Société mutuelle de réassurance du Québec .3381 218 An Act respecting the municipal corporation of the parish of Saint-Augustin-de-Desmaures.county of La Peltrie.3393 219 An Act respecting a trust created for the benefit of Phyllis Barbara Bronfman.3397 221 An Act respecting the town of Greenfield Park.3403 222 An Act respecting the Collège militaire Royal de Saint-Jean.3407 223 An Act respecting the Montreal Catholic School Commission.3411 227 An Act respecting the Jean Hudon estate.3415 232 An Act respecting the Rivermead Golf Club.3421 236 An Act respecting certain lots of the cadastre of the parish of Point-aux-Trembles registration (division of Montréal).3429 253 An Act respecting the city of Hull.3437 257 An Act respecting Morgan Hydrocarbons Inc.(No Personal Liability).3441 Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985, Vol.117.No.33 _2905 NATIONAL ASSEMBLY FIFTH SESSION THIRTY-SECOND LEGISLATURE Bill 49 (1985, Chapter 31) An Act to amend the Act respecting the Communauté urbaine de Montréal and other legislation Introduced 15 May 1985 Passage in principle 11 June 1985 Passage 19 June 1985 Assented to 20 June 1985 Québec Official Publisher 1985 2906 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 EXPLANATORY NOTES The first object of this bill is to amend the Act respecting the Communauté urbaine de Montreal so that it is better adapted to the administrative needs of the Communauté urbaine de Montréal.New needs have appeared, for example, in respect of the authorization of the current expenditures of the Community, the awarding of certain contracts relating to work to be made on water conduits, to the installation of waterworks, sewer, electricity, gas or other equipment and contracts for the supply of software or the maintenance of computer systems.Other provisions proposed in this bill are designed to clarify the regulatory powers and the inspection powers of the urban community in respect of its competence in matters of water purification in its territory.The Community will also be granted the power to allow other bodies to benefit from its expertise in the field of water purification.The bill also extends the competence of the Community in matters of public health by authorizing it to prescribe norms of hygiene in respect of food sold in vending machines.Under the bill the Communauté urbaine de Montréal is allowed to postpone the final date for the adoption of its development plan under the Act respecting land use planning and development from 11 July 1985 to 17 September 1986.The second object of this bill is to establish the Société de transport de la Communauté urbaine de Montréal which will succeed to the existing Commission de transport de la Communauté urbaine de Montréal.The bill proposes to give the control of the new transportation corporation to the elected municipal officials.The main changes in the organization of the new transportation corporation concern the composition of the board of directors.The board will consist of nine members, six of whom chosen by the Council of the Communauté urbaine de Montréal from among its members, two members chosen from among the citizens, and the chairman of the executive committee of the Community. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2907 The bill also provides that the president and managing director, appointed for not over five years by the Council of the Community, will be responsible for the administration and direction of the corporation.Under the bill, greater emphasis is put on the role of the corporation by providing that the meetings of the board of directors will be public and by requiring that a meeting be held every month, that a question period be scheduled at evciy meeting and that any specific subject be put on the agenda of a meeting of the board of directors if requested by two hundred and fifty residents.Finally, the bill provides that the three-year program of capital expenditures of the corporation will require the approval of the Government.ACTS AMENDED BY THIS BILL: (1) the Act respecting land use planning and development (R.S.Q., chapter A-19.1); (2) the Act respecting the Communauté urbaine de Montréal (R.S.Q.chapter C-37.2); (3) the Act respecting the Communauté urbaine de Québec (R.S.Q., chapter C-37.3); (4) the Montreal Urban Community Act (1969, chapter 84); (5) the Act to amend the Act respecting the Communauté urbaine de Montréal (1982, chapter 18); (6) the Act respecting public elementary and secondary education (1984, chapter 39). Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2909 Bill 49 An Act to amend the Act respecting the Communauté urbaine de Montréal and other legislation THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS: ACT RESPECTING THE COMMUNAUTÉ URBAINE DE MONTRÉAL 1.Section 1 of the Act respecting the Communauté urbaine de Montréal (R.S.Q., chapter C-37.2) is amended by striking out paragraph h.2.The said Act is amended by inserting, after section 12, the following sections: \"12.1 Within sixty days of his appointment, the chairman of the executive committee shall table before the Council a written declaration stating the existence of the pecuniary interests he has in immovables situated in the territory of the Community and in legal persons, partnerships or undertakings.The declaration shall mention any position or directorship held by the chairman as well as any loan, contracted by him with a person or institution other than a financial institution, the balance of which, in principal and interest, is in excess of $2 000.The declaration shall not mention the value of the interests listed therein, nor the extent of the chairman's interest in legal persons, partnerships or undertakings.The declaration shall not mention the 2910 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985, Vol.117.No.33 Pari 2 existence of sums deposited with financial institutions, nor the possession of bonds issued by a government, a municipality or another public body.\"12.2 Each year, within sixty days of the anniversary of his appointment, the chairman shall table an updated declaration before the Council.In the meantime, the chairman shall disclose in writing any new interest that entails a conflict with the interest of the Community.The writing shall be tabled before the Council at the first sitting following the acquisition of that interest.\"12.3 If he fails to table the declaration within the prescribed time, the chairman, from the tenth day after the expiry of that time and until he has tabled it, no longer has the right to sit on the Council, on the executive committee, on the board of directors of the Société de transport of the Community or on any committee of the latter or on any council, committee, commission or public body of which he is a member by the fact that he is the chairman of the executive committee.He shall lose for the same period his right to speak at sittings of the commissions of the Council.Upon the expiry of the time prescribed for tabling the declaration, the secretary of the Community shall notify the chairman of his failure to do so and of the effects thereof.\"12.4 Where the chairman loses the right to sit, he shall consequently lose the right to receive the remuneration or allowance provided for each sitting in which he is not allowed to take part.Where his remuneration or allowance is not established for each sitting, 1% of the annual amount of the remuneration or allowance shall be deducted for each sitting in which he is not allowed to take part.\"12.5 Any person who knowingly makes a false or incomplete declaration of his pecuniary interests is disqualified from holding the office of chairman and that of member of the council of a municipality.The disqualification lasts until the expiry of a period of five years from the day the final judgment declaring the person disqualified becomes executory.\"12.6 Any act performed by a council, committee, commission or body during a sitting in which the chairman takes part despite his being disqualified from holding office or his having lost the right to take part therein is not invalid by reason only of the fact that the chairman has taken part in it.\" Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.19X5.Vol.117.No.33 2911 3.The said Act is amended by inserting, after section 33, the following section: \"33.1 The executive committee, with the approval of the Council, may make a by-law delegating to any officer or employee of the Community the power to authorize expenditures and to make contracts accordingly, in the name of the Community.The by-law shall indicate: (1) the area of competence to which the delegation applies; (2) the amounts of the expenditures the officer or employee may authorize; (3) the other conditions on which the delegation is made.The rules for the awarding of contracts by the executive committee, adapted as required, apply to any contract awarded under this section.However, in any case where the authorization of the Minister of Municipal Affairs is required for the awarding of a contract to any other person than the person who made the lowest tender, only the executive committee may apply to the Minister for the authorization.To be valid, an authorization to make expenditures granted pursuant to a delegation shall be the subject of a certificate of the treasurer establishing that there are sufficient appropriations for that purpose.No such authorization may be granted if it commits the credit of the Community for a period extending beyond the current fiscal year.Every officer or employee who grants an authorization to make expenditures shall transmit a report thereof to the executive committee within the next thirty days.\" 4.Section 42 of the said Act is amended by replacing the second paragraph by the following paragraph: \"In the case of municipalities other than the city of Montréal, the mayor is a delegate ex officio to the Council of the Community.The council of the municipality may designate a substitute delegate among its members to replace the mayor if he is absent or incapacitated or refuses to act, or if the office of mayor is vacant; the designation is made by resolution and a copy thereof shall be sent to the Community before the first meeting the substitute delegate attends; the member of the council of the municipality who is designated as a substitute delegate shall so remain until the designation is revoked or for the term indicated in the designation provided he remains a member of the council of the municipality.\" 2912 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 5.Section 56 of the said Act is amended by replacing the fourth paragraph by the following paragraph: \"The by-law provided for in the first paragraph may determine the cases where the substitute delegate, rather than the delegate, receives the remuneration and allowance; the substitute delegate's remuneration and allowance fixed in the by-law may be different from those fixed for the members of the Council who are referred to in the first paragraph of section 42.\" 6.Section 57 of the said Act is repealed.7.Section 82.10 of the said Act is amended by adding, at the end of the fourth paragraph, the following sentence: \"At a sitting, he has the right to speak but not the right to vote.\" 8.Section 82.12 of the said Act is amended by replacing the third paragraph by the following paragraphs: \"The report shall be transmitted to the executive committee.The executive committee shall table the report before the Council not later than at the first meeting held after a period of thirty days from its receipt.The fourth paragraph does not apply to the report containing the confidential recommendations of the public safety committee and the advice and examination of that committee provided for in section 178.1.\" 9.Section 113 of the said Act is amended by replacing the word \"section\" in the fourth line of paragraph j by the words and figures \"sections 151.01 and\".10.Section 120 of the said Act is amended (1) by replacing subsection 4 by the following subsection: \"(4) The executive committee may award, without calling for tenders, any contract for carrying out work for the removal, shifting or reconstruction of conduits or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids, provided that the contract is awarded to the owner of such conduits or installations or to a public utility undertaking at a price generally required for work of that kind by an undertaking which generally carries out such work, or that it is awarded to a municipality.\"; (2) by inserting, after subsection 4, the following subsection: Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2913 \"(4.1) The executive committee may award, without calling for tenders, any contract for the supply of software or for the maintenance of computer or telecommunications systems provided that the contract is awarded to an undertaking which generally carries out such work and at a price generally required for work of that kind by such an undertaking.\" 11.Section 139 of the said Act is replaced by the following section: \"139.In this subdivision, (1) \"waste water\" means water carrying solid, liquid or gaseous residue from a process, an establishment or a building, mixed or not with underground, cooling, rain or surface water and, unless the context indicates otherwise, underground water, cooling water, rain water and surface water; (2) \"cooling water\" means water, from an air-conditioning apparatus or from a cooling or refrigeration process, which causes only thermal pollution; (3) \"domestic waste water\" means waste water from the plumbing system of a building and not mixed with underground, surface, rain or cooling water nor with industrial waste water; (4) \"industrial waste water\" means waste water from an industrial, manufacturing, commercial or institutional process or establishment, or any other process or establishment of the same nature, except domestic waste water; (5) \"purification works\" means a sewer, a sewer system, a waste water pumping station, a water purification station or any other works used to collect, receive, carry, treat or drain waste water, or a part of any such equipment.\" 12.Section 141 of the said Act is amended (1) by inserting, after the second paragraph, the following paragraph: \"The executive committee may approve any project of a purely local nature.It may also approve a project that has repercussions in any territory larger than that of the municipality if it is approved by the municipalities involved, if the municipalities involved agree to the project alterations required by the executive committee or if the project results from an order of the Minister or Deputy Minister of the Environment.\"; 2914 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 (2) by replacing the words \"If the executive committee decides that the project has intermunicipal repercussions\" in the first and second ,lines of the third paragraph by the words \"In any other case\".13.Section 143 of the said Act is amended by replacing the figure \"14\" in the first line of the second paragraph by the figure \"7\".I 14.Sections 151.1 and 151.2 of the said Act are replaced by the following sections: \"151.01 The Community is authorized to supply other persons, for remuneration, with any service, advice, matter, material and | equipment relating to the study, construction, operation, supervision or management of a water purification system.Every agreement made under this section requires the approval of the Minister of the Environment.\"151.1 The Community may, by by-law, (1) prescribe quantitative standards for the discharge of surface, rain, underground or cooling water or industrial waste water into a purification works; prohibit or regulate such discharge; impose conditions to control, reduce, regularize or spread out such discharge; (2) prescribe, according to the source of contamination, the class of establishment or the industrial process, a maximum quantity or concentration of or limit to the acidity, alkalinity, temperature, chemical or biochemical requirement for oxygen, oil, grease, suspended matter, dissolved matter, toxic substances or substances that are harmful to the environment in waste water discharged into a purification works; prohibit or regulate the discharge, into a purification works, of waste water having a content of a substance in excess of the prescribed maximum or having characteristics not in conformity with such maximum; (3) regulate the discharge of rain, surface or underground water into a domestic or unitary sewer; prohibit the dischage of domestic waste water into a storm sewer; prescribe qualitative or quantitative standards for the discharge of water into a storm sewer; (4) regulate the elimination of ground waste or residue in a purification works; prohibit or regulate the connection of a waste or residue grinder to such a works; (5) determine the method of computing the quantity of water discharged into a purification works; prescribe the use of meters, and Pan 2 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985, Vol.117.No.33 2915 determine the conditions, including payment of the cost, for connection to the purification works of the Community; (6) regulate the construction, maintenance and operation of a purification works and prescribe standards to prevent and control the supply of parasitic water through filtration or catchment; (7) fix a tariff for the receiving by the Community of waste water from the municipalities; (8) prohibit or regulate the discharge of waste water into a watercourse; (9) prohibit or regulate the discharge into a purification works of a substance which may, by itself or by reaction with another substance, (a) damage the works, affect its operation, overload it or clog it; (b) have an unfavourable effect on a watercourse; (c) constitute a danger to the life or health of humans, wildlife or vegetation; id) cause a fire, an explosion or any other material damage; or (e) constitute a nuisance by the emission of toxic or foulsmelling gas; ( 10) require any person or class of persons that discharges or intends to discharge industrial waste water or cooling water into a purification works to obtain a permit from the Community and prescribe the information that shall be furnished with permit applications; exempt any person or class of persons it determines from the requirement to obtain a permit; (11) prescribe the conditions, procedures and fees relating to the issue, renewal, suspension or revocation of a permit.\"151.2 A by-law passed under section 151.1 requires the approval of the Minister of the Environment.\"151.2.1 The Community may, by order, (1) fix the amount of the duties that shall be paid by any person who discharges industrial waste water into a purification works; the duties may be fixed on the basis of the volume of waste water, the quantity or concentration of suspended particles it contains, its biochemical or chemical requirement for oxygen, its chlorine requirement, the nature of its polluting agent or any other criterion; 2916 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 (2) prescribe a tariff establishing the duties required for the use of a household waste or refuse grinder, for the receiving and treatment of residue or sediment from septic tanks, drain-tanks or industrial processes, and for the analysis and measuring of the waste water flow.Every order shall be published and come into force in the same manner as a by-law but need not be approved by the Minister of the Environment.\"151.2.2 The Community may prohibit the discharge into a purification works of a substance which may, by itself or by reaction with another substance, have any of the effects enumerated in paragraph 9 of section 151.1.The Community may claim, from any person who discharges waste water into a purification works in contravention of a by-law passed under section 151.1 or of a prohibition made under this section, the reimbursement of the Costs incurred for the maintenance or repair of the purification works because of such discharge.\"151.2.3 The Community may (1) require that any person discharging waste water into purification works comply with all or part of the following conditions: (a) the construction of a man-hole in conformity with the requirements prescribed by the Community, to allow the inspection, sampling, measuring and registration of the quality and flow of the discharged waste water; (b) the installation and maintenance in good repair of appropriate equipment for the sampling, analysis, measuring and registration of the quality and flow of the discharged waste water, in accordance with the methods prescribed by the Community; (c) the installation and maintenance in good repair of equipment for the treatment or pre-treatment of industrial waste water, to regularize the flow of the discharged waste water or to bring it into conformity with the prescriptions of a by-law passed under section 151.1; (d) the presentation, for approval, of the plans relating to the installation of the equipment contemplated in subparagraph a, b or c, and the procedures for the use of such equipment; (e) the maintenance of the discharged waste water within an average or maximum concentration or mass of discharged pollutants according to the class of pollutants; Part 2 GAZETTE OFFICIELLE DU QUÉBEC, July 24.19X5.Vol.117.No.33 2917 (f) the presentation of periodic discharge reports indicating the volume and the qualitative and quantitative characteristics of the discharged waste water; (2) determine the schedule of execution of work required (a) for the issue, renewal or retention of a permit; or (/>) for the prevention or cessation of an offence or a nuisance.\"151.2.-1 The Community may prescribe the devices and methods whose use is recognized for the purposes of analysis, sampling or computation of concentration.The Community may also fix the duration of a sampling program, determine the analysis parameters and carry out its own sampling or analysis program at the expense of a permit holder if it considers that the data supplied by him are inaccurate.\"151.2.5 The Community may require a person to take the necessary measures to prevent the discharge into a purification works or a watercourse of a substance harmful to humans or to the works or watercourse and to submit the plans for the required work as well as the operation procedures, for approval.The Community may also require a person to notify it in the event of an accidental discharge.\"151.2.6 The Community may, by by-law, delegate (1) the powers conferred on it by section 151.2.1 to the executive committee; (2) the powers conferred on it by sections 151.2.2 to 151.2.5 to the executive committee or to the head of a department.\"151.2.7 In no case may the Community, the executive committee, the head of a department or an officer of the Community be prosecuted for an act done in good faith under sections 151.2.1 to 151.2.5.\"151.2.8 Any decision of the Community or, in the case of a delegation, any decision of the executive committee or of the head of a department made under sections 151.2.1 to 151.2.5 may be appealed from before the Commission municipale du Québec.Division XI of Chapter I of the Environment Quality Act, adapted as required, applies to the appeal. 2918 GAZETTE OFFICIELLE DU QUÉBEC.July 24.19X5.Vol.117.No.JJ Part 2 Notwithstanding the appeal, the decision remains executory unless the Commission municipale orders otherwise in accordance with section 99 of the said Act.\" 15.Section 151.5 of the said Act is amended by replacing the word and figure \"section 151.3\" in the third line by the word and figures \"section 151.2.1, 151.3\".16.Section 153.1 of the said Act is amended (1) by inserting after the word \"consumers\" in subparagraph b of paragraph 1 the words \"or in a vending machine\"; (2) by replacing the words \"transporting or causing to be transported, in an establishment or vehicle\" in the second and third lines of paragraph 2 by the words \"giving, transporting or causing to be transported, in an establishment, vehicle or vending machine\"; (3) by replacing subparagraph b of paragraph 8 by the following subparagraph : \"(b) for any subsequent offence within two years, to a fine of not less than $300 nor more than $3 000 in the case of an individual and of not less than $600 nor more than $6 000 in the case of a corporation.\" 17.Section 199 of the said Act is repealed.18.Section 209 of the said Act is amended by replacing the last two sentences of the second paragraph by the following sentences: \"The treasurer shall file the certificate and the amendment thereto, where such is the case, in the office of the secretary.The secretary shall notify the Council at the first sitting held after the filing.\" 19.Section 220 of the said Act is amended (1) by replacing the word and figures \"278 and 279\" in the fifth line of the twelfth paragraph by the word and figures \"306.1, 306.2 and 306.6\"; (2) by replacing the word and figure \"section 279\" in the fourth line of the fourteenth paragraph by the words and figures \"section 306.4 and 306.5\".20.Section 221 of the said Act is amended by adding, at the end, the following paragraph: Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.19X5.Vol.117.No.33 2919 \"Where part of the revenue from the general real estate tax of the municipality is used for the purpose of paying its share of the expenses of the Community, the account of taxes sent to each ratepayer shall indicate what proportion of the rate of the general real estate tax payable by him is assigned to financing the payment of that share.\" 21.Section 223 of the said Act is replaced by the following sections : \"223.The Community shall adopt a program of capital expenditures for the next three fiscal years.The program shall be adopted by a by-law of which it is a part.The program shall be divided into annual phases.It shall describe, in respect of the period coincident therewith, the object, the amount and the mode of financing of the capital expenditures or expenses that the Community plans to make or to incur and for which the financing period exceeds twelve months.The program shall also mention the capital expenditures that the Community plans to make beyond the period contemplated therein, if those expenditures result from commitments made during that period.Every by-law adopted under this section shall be transmitted to the Minister not later than 31 October preceding the beginning of the first fiscal year contemplated in the program.Upon sufficient proof that the Community has been actually unable to adopt the program or to transmit it within the prescribed time, the Minister may grant the Community any additional period he may fix.The Minister may order that the program be transmitted by means of the form furnished by him for that purpose.He may also require, through such form or in any other manner, that the Community provide him with any information relating to such program even in the case where such information is not provided for in this section.To come into force, the by-law adopting the program of capital expenditures of the Community requires the approval of the Government, on the recommendation of the Minister.No loan or pledge of credit intended to finance capital expenditures may be validly ordered if the loan or pledge of credit does not comply with the program of capital expenditures in force.However, the loan or pledge of credit indorsed with the approvals required by the law is deemed to have been ordered in conformity with that program.To the extent that they are consistent with this section, the provisions applicable to the procedure prior to the adoption of the budget 2920 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 of the Community also apply, adapted as required, to the procedure prior to the adoption of the program of capital expenditures.\"223.1 The Community may amend its program of capital expenditures.Section 223, adapted as required, applies to such an amendment, except that the by-law shall be transmitted within thirty days of its adoption.\" 22.The said Act is amended by inserting, after section 234.6, enacted by section 113 of chapter 38 of the statutes of 1984, the following section: \"234.7 The Minister of Transport may cause a person he designates to examine the use of the subsidies granted by him to the Community and the nature of the expenditures related to those subsidies.\" 23.The heading of Title II and that of Divisions I to V of the said Act, and sections 235 to 291, are replaced by the following: \"TITLE II \"SOCIÉTÉ DE TRANSPORT \"DIVISION I \"INCORPORATION AND ORGANIZATION \"§ I.\u2014Incorporation \"235.A public corporation is hereby established under the name of \"Société de transport de la Communauté urbaine de Montréal\".\"236.The object of the corporation is to operate a public transport undertaking to provide passenger transportation by any means of public transportation on the surface, underground or above the ground, in the territory of the municipalities referred to in Schedule B; that territory is the territory of the corporation.\"237.The corporation shall have its head office in its territory, at the place it determines; it shall publish a notice of the location or of any change in the location of its head office in the Gazette officielle du Québec.\"§ 2.\u2014Organization \"238.The affairs of the corporation shall be administered by its board of directors. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985.Vol.117.No.33 2921 \"239.The board of directors shall consist of nine members, including a chairman and vice-chairman.\"240.The board of directors shall consist of: (1) three members designated by the Council from among its members representing the city of Montréal; (2) three members designated by the Council from among its members representing the other municipalities situated in the territory of the corporation; (3) two members chosen by the Council from among the citizens who reside in the territory of the corporation, one on the proposal of a member of the Council representing the city of Montréal and the other on the proposal of a member of the Council representing the other municipalities situated in the territory of the corporation; (4) the chairman of the executive committee.\"241.The term of office of a member of the board of directors contemplated in paragraph 1 or 2 of section 240, is four years and it may be renewed.However, the term of office of a member of the board chosen from among the citizens is two years.His term of office is renewable but once.Sections 12.1 to 12.6, adapted as required, apply to a member of the board chosen from among the citizens.\"242.The board of directors shall appoint the chairman and vice-chairman from among the members contemplated in paragraphs 1, 2 and 4 of section 240.\"243.The term of office of the chairman and that of the vice-chairman shall be four years and may be renewed.' '244.Each member of the board of directors shall remain in office at the expiry of his term as a member of the board until he is replaced or reappointed.\"245.A member of the board of directors shall cease to be a member when he ceases to be a member of the Council.A vacancy occurs in the office of a member when he ceases to be a member of the board of directors.A member of the board of directors other than the chairman of the executive committee shall also cease to be a member if he fails 2922 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 to attend the meetings of the board for ninety consecutive days from the last meeting he attended.If a member attends no meeting whatever from the time he becomes a member of the board, the ninety-day period shall run from the first meeting he could have legally attended.His term of office shall terminate at the close of the next meeting held after the ninety-day period, unless, at that sitting, the other members of the board are of the opinion that it was impossible in fact for him to attend the meetings of the board.If the member attends no meeting of the board of directors called within thirty days after the meeting contemplated in the second paragraph, a vacancy occurs on the thirthieth day; the secretary of the corporation shall notify the Council immediately.\"246.The chairman of the board of directors shall remain in office, notwithstanding the vacancy in his office, until his successor is appointed.' '247.The resignation of a member of the board of directors entails a vacancy in the office of that member.The resignation becomes effective from the day on which the secretary of the corporation receives a notice to that effect signed by the resigning member.The secretary shall immediately notify the Council.The chairman and vice-chairman may resign their offices of chairman and vice-chairman in the manner prescribed in the second paragraph.The secretary shall notify the board of directors thereof without delay.\"248.Except in the case of resignation, every member of the board of directors shall remain in office, notwithstanding the vacancy in his office, until his successor is appointed.\"249.Any vacancy in the office of a member of the board of directors shall be filled by the Council within sixty days from the day on which the vacancy became effective.Any vacancy in the office of the chairman or vice-chairman of the board shall be filled by the Council within sixty days of the day on which the vacancy became effective.\"250.If the chairman is absent or is unable or refuses to act or if a vacancy occurs in the office of the chairman where the chairman is unable or refuses to continue to perform his duties until his successor is appointed, the vice-chairman of the board of directors shall replace the chairman. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24, 19X5, Vol.117.No.33 2923 If the vice-chairman, where he is replacing the chairman, is absent or is unable or refuses to act or in the case of a vacancy in the office of vice-chairman, the members present at a meeting of the board of directors shall designate from among themselves a member to preside at the meeting.The secretary shall preside at the meeting for the purposes of the designation.\"251.The chairman of the board of directors shall preside at the meetings of the board and see that good order is maintained.\"252.Five members of the board of directors, including two representatives of the city of Montréal and two representatives of the other municipalities situated in the territory of the corporation, constitute a quorum.\"253.Each member of the board of directors is entitled to one vote.\"254.Subject to section 281, decisions of the board of directors are made by a majority of the votes cast.\"255.Each member of the board of directors preser/t at a meeting has an obligation to vote.However, any member who has any direct or indirect interest in any undertaking putting his personal interest in conflict with that of the corporation shall disclose his interest to the board of directors and abstain from participating in the deliberations and voting on any question relating to the undertaking in which he has an interest.\"256.The board of directors may hold its meetings anywhere in the territory of the corporation.The meetings of the board are public.\"257.The board of directors shall hold a regular meeting at least once every month.The board shall, at its first meeting of the year, adopt the schedule of the meetings for the whole year.Within fifteen days after the first meeting of the year, the secretary of the corporation shall publish in a newspaper circulating in the territory of the corporation a notice stating the date, time and place of the regular meetings of the board of directors.\"258.The board of directors shall hold a special meeting at the written request of the chairman, of two members or of the president and managing director addressed to the secretary of the corporation.\"259.The board of directors shall put on the agenda of the first regular meeting held after the receipt by the secretary of the corporation of a written request signed by 250 or more residents of the territory 2924 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 of the corporation, the matter that is the subject of the request.The request shall be delivered to the secretary not later than ten days before the meeting is held.At the meeting, any resident who signed the request may address the members of the board of directors orally on the matter, in accordance with the procedure and during the period determined under the by-law passed in that respect by the board of directors.\"260.The meetings of the board of directors shall be called by the secretary of the corporation.In the case of a regular meeting, a copy of the agenda shall be sent by the secretary of the corporation to each member of the board of directors not later than three days before the holding of the meeting.In the case of a special meeting, a copy of the notice setting out the matters to be debated shall be sent by the secretary of the corporation to each member of the board of directors not later than twenty-four hours before the time fixed for the holding of the meeting.Every member present at a regular or special meeting of the board of directors may waive the calling notice.\"261.The board of directors shall schedule a question period at each meeting; the persons present may put oral questions to the members of the board.The question period shall not exceed one hour unless the board of directors decides otherwise.\"262.The board of directors may make by-laws for its internal management and that of the corporation.\"263.The minutes of the meetings of the board of directors shall be kept in a register by the secretary of the corporation.They shall be signed by the chairman of the board of directors and by the secretary.The minutes are authentic.The minutes of a meeting shall be read at the next regular meeting unless a copy thereof was given to each member of the board of directors at the latest when the latter meeting was called.The minutes shall be ratified at the latter meeting by the board of directors.\"264.The Council shall fix, by by-law, the remuneration and expense allowances of the members of the board of directors and the attendance fees of the members of the board of directors who are chosen from among the citizens.It may also, in the by-law, fix additional Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117, No.33 2925 remuneration and expense allowances for the chairman and the vice-chairman.The remuneration, allowances and fees are paid out of the revenues of the corporation.The by-law may be retroactive to 1 January preceding its coming into force.\"265.The board of directors shall give prior authorization to any expense incurred by a member of the board on behalf of the corporation.On the presentation of a statement of account accompanied with the vouchers required by the board of directors, the board shall authorize the reimbursement of the expenses.\"266.The board of directors may establish a tariff applicable where expenses are incurred by any of its members on behalf of the corporation.On the presentation of a statement of account accompanied with the vouchers required by the board of directors, the board shall authorize the reimbursement of the amount provided for in the tariff in respect of an expense contemplated in the first paragraph.\"267.The budget of the corporation may provide sufficient appropriations for the reimbursement of a class of expenses which the members of the board of directors may incur on behalf of the corporation during the fiscal year, whether such expenses are actually incurred or provided for in the tariff contemplated in section 266.The board of directors is not required to give prior authorization for an expense included in such a class, if it does not exceed the balance of the appropriations, after subtracting the sums already used or set aside to reimburse previous expenses.If all the appropriations for a fiscal year have been used, the board of directors may appropriate, for the purposes provided in this section, all or part of the balance of the sums provided for in the budget to cover unforeseen administrative and operating expenses.\"§ 3.\u2014Committees of the board of directors \"268.The board of directors may set up committees to study specific questions and require them to report their findings and recommendations to it at the time it indicates.Each committee shall consist of not less than three nor more than seven members.It may consist wholly or in part of members of the board of directors. 2926 GAZETTE OFFICIELLE DU QUÉBEC.July 24.19X5.Vol.117.No.33_ Part The chairman of each committee shall be chosen from among the members of the board of directors.\"269.Any sitting of a committee may be public.\"270.The secretary of the corporation shall publish a notice of the holding of each public sitting of a committee in a newspaper circulating in the territory of the corporation at least two days before the holding of the sitting.\"271.The board of directors may pass a by-law respecting the internal management of a committee.The board of directors shall also fix, by by-law, the attendance allowance of the members of a committee who are not members of the board of directors.Sections 265 to 267 apply, adapted as required.\"§ A.\u2014President and managing director and other officers \"272.The Council shall appoint a president and managing director, on the recommendation of the board of directors, for a term that may in no case exceed five years.His term may be renewed.\"273.The board of directors shall fix the remuneration, social benefits and other conditions of employment of the president and managing director, which shall be paid for by the corporation out of its revenues.\"274.Unless expressly authorized by the board of directors, the president and managing director shall discharge the duties of his office on a full-time basis and have no other remunerated employment or occupation.\"275.The office of president and managing director is incompatible with that of member of the board of directors, of the Council or of the council of a municipality situated in the territory of the corporation and with that of officer or employee of the Community or of any municipality situated in the territory of the corporation.\"276.The president and managing director, under the authority of the board of directors and within the scope of the orientations established by it, shall be responsible for the administration and direction of the corporation.He shall, in particular, have the following duties: (1) to direct the work of the directors general, the heads of departments and the other persons who perform similar duties and who Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985, Vol.117.No.33 2927 report to him, hire and direct the work of the other members of the administrative staff and the employees of the corporation, and exercise in their respect a right of supervision and control; (2) to ensure liaison between the board of directors and its committees, and the persons contemplated in paragraph 1; (3) to see that the decisions of the board of directors are complied with and carried out; (4) to perform any other duty entrusted to him by the board of directors.\"277.The president and managing director shall attend the meetings of the board of directors; at such meetings he has the right to speak but he is not entitled to vote.\"278.If the president and managing director is absent or if he is unable or refuses to act, or if a vacancy occurs in the office of the president and managing director, the board of directors shall appoint a person to perform the duties of the president and managing director.If the president and managing director is temporarily absent, he may delegate his powers in writing, for a period of not over one month, to a person designated by him.The delegation may be general or limited to the objects determined by the president and managing director.\"279.Any vacancy in the office of the president and managing director shall be filled without delay by the Council.\" 280.The secretary, the assistant-secretary, and the treasurer.the assistant-treasurer and every other officer that the corporation may decide to appoint are officers of the corporation.The officers contemplated in the first paragraph shall perform the duties required of them by this Act and those that may be required of them by the by-laws and resolutions of the corporation.The board of directors shall appoint the secretary and the assistant-secretary.They may in no case be members of the board of directors.The secretary shall have custody of the books, registers, plans, maps, records and other documents of the corporation or filed or kept by the corporation.Every document of the corporation and every copy certified by the secretary are authentic.The secretary shall attend all the meetings of the board of directors and draw up the minutes of those meetings. 2928 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 The assistant-secretary may perform the duties attaching to the office of secretary with the same rights, powers and privileges.The board of directors shall also, on the recommendation of the president and managing director, appoint the treasurer and the assistant-treasurer who shall, in particular, have the same powers, privileges and duties, adapted as required, as those provided for in the Cities and Towns Act (R.S.Q., chapter C-19) in respect of a treasurer and assistant-treasurer.In respect of the officers of the corporation, the president and managing director shall exercise his authority as a manager of the human, material and financial resources of the corporation and in no case may his authority result in hindering the officers in the performance of their duties.\"281.Two-thirds of the votes cast at a meeting of the board of directors are required to enable the board to dismiss or suspend without salary the secretary, the assistant secretary, a director general, the head of a department or any other person who performs similar duties and who is under the supervision of the president and managing director, if he has been in office for six months or more.The same rule applies in the case of a reduction of salary.Except in the case of the secretary or assistant-secretary, the dismissal, suspension without salary or the reduction of salary may be decided only upon the recommendation of the president and managing director.The decision of the board of directors shall be served or sent by registered or certified mail to the person contemplated in the first paragraph.Every person dismissed or suspended without salary or whose salary has been reduced under this section may appeal from the decision before the Commission municipale du Québec, which, after an inquiry, shall decide in last instance.The appeal shall be brought within fifteen days after the decision of the board of directors is served.If the appeal is maintained, the Commission municipale du Québec may also order the corporation to pay the appellant the amount it determines as compensation for expenses incurred by him for the appeal; the order for that purpose shall be homologated by the Provincial Court or the Superior Court on a motion by the appellant, according to their respective jurisdictions; the appellant may then enforce the judgment against the corporation.I i Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2929 \"§ 5.\u2014Immunity \"282.In no case may the members of the board of directors, the president and managing director, the secretary, the assistant-secretary, the treasurer or the assistant-treasurer of the corporation be sued by reason of official acts done in good faith in the performance of their duties.' '283.Except on a matter of jurisdiction, none of the extraordinary recourses provided in articles 834 to 850 of the Code of Civil Procedure (R.S.Q., chapter C-25) shall be exercised and no injunction shall be granted against the corporation, the members of the board of directors, the president and managing director, the secretary, the assistant-secretary, the treasurer or the assistant-treasurer of the corporation acting in his official capacity.The first paragraph shall not prevent the urban community or any municipality situated in the territory of the corporation from exercising any of such recourses or obtaining an injunction against the corporation or any of such persons acting in his official capacity.\"284.A judge of the Court of Appeal, upon motion, may annul summarily any writ, order or injunction issued or granted contrary to section 283.\"DIVISION II \"DUTIES AND POWERS \"285.The board of directors shall exercise the duties and powers of the corporation, except where the Act provides otherwise.\"286.The corporation shall devise development policies concerning the public transport services and coordinate the development of the public transport network in its territory.\"287.The corporation shall organize, possess, develop and administer a public transport undertaking in its territory.The corporation may also provide links to points outside its territory.\"288.The corporation may organize, possess, develop and administer a public transport service between a point situated in its territory and the international airport situated at Mirabel.\"289.The corporation may make a contract with a municipality not included in its territory or an intermunicipal board of transport contemplated in the Act respecting intermunicipal boards of transport 2930 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 in the area of Montréal (R.S.Q., chapter C-60.1) to supply that municipality, regional municipality or board with a public transport service.\"290.The corporation may make a contract for pupil transportation within the scope of the Education Act (R.S.Q., chapter 1-14), the Act respecting private education (R.S.Q.chapter E-9) or the General and Vocational Colleges Act (R.S.Q., chapter C-29).The corporation is empowered to carry out, outside its territory, a contract entered into with a regional school board, a school board or a school corporation, provided that the territory of the regional school board, school board or school corporation coincides with the territory of the corporation, of a municipality or of an intermunicipal board of transport served by the corporation pursuant to a contract.\"291.The corporation may provide a special transportation service for handicapped persons who are unable to use its public transport service.The special service may provide links to points outside the territory of the corporation.For that purpose the corporation may (1) directly possess, organize, develop and administer such a service; (2) make, with any public transport undertaking for passenger transportation or with any non-profit organization, a contract to provide for the operation of the whole or part of the service; (3) make any contract considered necessary to provide for the operation of the whole or part of the transportation service by taxi.The corporation may also make, with a municipality not situated in its territory, an intermunicipal management board or an intermunicipal board of transport, a contract to provide, in the territory of such a municipality or board, a special transportation service for handicapped persons.\"291.1 The corporation may make a contract with a public transit permit holder or a school bus carrier for the supply of certain public transport services.\"291.2 The corporation may make an agreement with another public body providing public transport to extend its public transport service to the territory of that public body. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985.Vol.117.No.33 2931 \"291.3 The corporation may, with a view to organizing shared transportation by taxi, make a contract for the supply of certain public transportation services.\"291.4 The corporation may provide special or charter trips in its territory and from its territory to an outside point.\"291.5 The corporation may operate, inside its territory and from its territory to outside points, any sightseeing service or seasonal transport service.\"291.6 Before operating a sightseeing service, the corporation shall submit its tariffs to the Commission des transports du Québec for approval.\"291.7 The corporation may operate, outside its territory, any sightseeing service or seasonal transport service for which it has come to hold a permit through the acquisition of a public transport undertaking.\"291.8 The corporation may make, with any other public transport body, any holder of a public transport permit, any transport undertaking for passengers, any undertaking engaged in related or similar activities, any intermunicipal board of transport or any municipality not forming part of its territory, any agreement it considers expedient to improve the service provided to users.The agreement requires the approval of the Minister of Transport.\"291.9 The corporation may perform any other activity accessory or related to a public transport undertaking and may, in particular, (1) acquire, possess and operate businesses in or on its immovables; (2) lease space in or on its immovables for the businesses it determines; (3) lease advertising space in or on its immovables and vehicles; (4) alienate, without any permission or special formality, any movable or immovable property the value of which is not over $10 000; (5) perform the work it considers necessary for the better operation of its services, and build, possess and operate grounds or garages for parking, boarding platforms and bus-stop shelters, perform any work it considers necessary or useful for the efficient operation of its services; (6) with the approval of the Minister of Transport and without any other permission or special formality, alienate all or part of a public 2932 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 transport undertaking situated outside its territory that it has acquired and the permits related thereto; (7) take the measures it considers appropriate to promote the setting up and operation of public transport services not operated by it and provide support services to the users of such transport services and to those who organize them.\"291.10 In respect of property the value of which is over $10 000, the alienation shall be made by auction or public tenders, failing which the corporation shall publish every month in a newspaper circulating in the territory of the corporation, a notice mentioning any property otherwise alienated by the corporation during the preceding month, the person to whom it was alienated and the price of alienation, and it shall send a copy of the notice to the Minister of Transport and the Minister of Municipal Affairs.\"291.11 In no case may the corporation alienate, except with the authorization of the Minister of Transport, any property of a value of $25 000 or over and for which it was granted a specific subsidy.Subject to section 291.10, the corporation shall notify the Minister of Transport of the alienation of any other property for which it was granted a specific subsidy, within fifteen days of the alienation.\"291.12 The corporation may entrust to any other public body providing public transport the mandate to acquire equipment for the corporation.The corporation, where it intends to acquire equipment for itself, may accept such a mandate from another public body providing public transport.The Minister of Transport may authorize the corporation to make the joint purchase of equipment without a call for tenders.\"291.13 The corporation shall also (1) prepare its staffing requirements; (2) determine the wage policy, the social benefits and the other conditions of employment applicable to the directors general, heads of departments and persons who perform similar duties and report to the president and managing director, and to the other officers and employees of the corporation; (3) hire, on the recommendation of the president and managing director, the directors general, the heads of departments and the persons who perform similar duties and report to the president and managing director; Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2933 (4) adopt a master plan for the middle term and the long term; (5) subject to section 291.14, establish a tariff of passenger fares according to the classes it determines; (6) establish and maintain or assist in establishing or maintaining a relief fund, a retirement fund or a pension fund for the benefit of the directors general, the heads of departments and the persons who perform similar duties and report to the president and managing director, and the employees of the corporation and their spouses and dependents and, for that purpose, effect, in their respect, payment of the premiums, subject to the Act respecting supplemental pension plans (R.S.Q., chapter R-17).\"291.14 The tariffs contemplated in paragraph 5 of section 291.13 and applicable in the territory of the corporation and the tariff relating to the public transport service contemplated in section 288 shall be approved by the Council.The secretary of the corporation shall transmit without delay to the Council and to the municipalities served by the corporation a copy of the decision of the corporation rendered pursuant to paragraph 5 of section 291.13.The secretary of the corporation shall cause a copy of the decision to be published in a newspaper circulating in the territory of the corporation and posted up in the vehicles used by the corporation to provide its public transport service.The Council shall approve the tariff on or after the thirtieth day following the publication of the decision in the newspaper.The tariffs shall come into force on the day of their approval or on any later date fixed by the Council.\"291.15 The tariffs not contemplated in section 291.14 shall be published by the secretary of the corporation in a newspaper circulating in the territory of the corporation and posted up in the vehicles used by the corporation to provide its public transport service.The tariffs shall come into force on the thirtieth day following their publication in the newspaper or on any later date fixed therein.\"291.16 The corporation may cause the studies it considers necessary for the exercise of its powers to be made in respect of its territory or another territory.\"291.17 The corporation may make by-laws respecting 2934 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 (1) the conduct of persons in or on its vehicles and immovables; (2) the tickets, transfers and passes used in respect of a public transport service organized by the corporation; (3) the use of shop windows and show cases of establishments which have leased commercial space from the corporation; (4) the alienation of any article lost and found in or on its immovables or vehicles.The by-laws shall be published by the secretary of the corporation in a newspaper circulating in the territory of the corporation.The by-laws shall come into force on the fifteenth day after their publication in the newspaper or on any later date fixed therein.\"291.18 The corporation may establish, change or cancel lines, replace lines of a means of public transport by lines of another means of public transport or change the routes and, for any of these purposes, use any public street of its territory that it considers expedient.The secretary of the corporation shall send a notice of the decision of the corporation made under the first paragraph to the Council and cause the notice to be published in a newspaper circulating in the territory of the corporation.Where the president and managing director is of opinion that the public transport service of the corporation is in danger of being disturbed, he may replace a means of public transport by another means of public transport or change the route of a means of public transport.In such a case, he shall make a substantiated report to the board of directors of the corporation at the next meeting.\"291.19 Every decision of the corporation made under the first paragraph of section 291.18 becomes effective on the fifteenth day after the date of the publication of the notice in the newspaper or on any later date fixed in the notice.\"291.20 The corporation may acquire, by agreement, within or outside the limits of its territory, all or part of any immovable or real right it may require for the carrying out of its objects.\"291.21 After obtaining the authorization of the Council, the corporation may also acquire by expropriation all or part of an immovable or real right it may require for the carrying out of its objects in accordance with the Expropriation Act (R.S.Q., chapter E-24). Pan 2 GAZETTE OFFICIELLE DU QUÉBEC, July 24, 1985.Vol.117, No.33 2935 \"291.22 After obtaining the authorization of the Council, of the Minister of Transport and of the Minister of Municipal Affairs, the corporation may acquire by agreement the whole or part of the property or capital stock of any public transport undertaking operating in whole or in part within its territory.After obtaining the authorization of the Council, the corporation may also acquire all or part of the property or capital stock contemplated in the first paragraph by expropriation.The expropriation is made in the manner provided in the Expropriation Act, adapted as required.However, the notice of expropriation shall not indicate any lot number and the amount of the provisional indemnity shall be at least 70% of the offer by the expropriating party.Should the expropriated party refuse to hand over to the expropriating party the share certificates and the expropriated property, the expropriating party may institute proceedings pursuant to article 565 of the Code of Civil Procedure.This section has effect notwithstanding section 38 of the Expropriation Act.\"291.23 Notwithstanding any inconsistent provision of any law, articles of incorporation, by-law or convention, as soon as the corporation acquires all of the capital stock of a public transport undertaking, the powers of the directors of the undertaking then in office shall cease and the members of the board of directors of the corporation shall become the sole directors of the undertaking, without remuneration, and without personally being shareholders of the undertaking.\"291.24 Every issue of shares or bonds made by a public transport undertaking after the date of the resolution of the corporation ordering the expropriation of the capital stock of the undertaking shall be null and void.\"291.25 Notwithstanding any law, agreement, trust deed or other provision, none of the provisions of this Act or the exercise of any of the powers which it assigns to the corporation, or any of the acts which it authorizes shall have the effect of placing a public transport undertaking in default under the terms of the agreements and trust deeds relating to bonds, or of making the payment exigible before maturity, or of enabling the creditors, their representatives or the trustees to exercise the powers and recourses contemplated in the case of default of the public transport undertaking as regards such bonds, except in the case where payment of the debt has not been assumed by the corporation. 2936 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 \"291.26 In the case of acquisition by agreement or expropriation by the corporation of the capital stock of a public transport undertaking, the corporation shall assume the obligations of the undertaking and all hypothecs and guarantees relating thereto and encumbering the property of such undertaking shall be extinguished.The cancellation of the registration of the hypothecs and guarantees shall be effected by the presentation and deposit, for purposes of cancellation, at the office of the registration division contemplated, of a requisition therefor, signed by the chairman of the board of directors and the secretary of the corporation.The requisition shall (1) attest that the corporation has assumed the obligations of the public transport undertaking at the time of the acquisition, by agreement or expropriation, as the case may be, of the capital stock thereof; (2) designate the immovable property affected by such registration; (3) specify the registration numbers of the hypothecs and guarantees to be cancelled.The requisition shall make prima facie proof of its contents without having to prove the authority of the signatories.\"291.27 In the case of acquisition by agreement or expropriation of the capital stock of a public transport undertaking, the property, rights and obligations of such undertaking shall devolve upon the corporation.The Government may, by order, whenever the total amount of the price or indemnity payable for the shares has been paid to those entitled thereto or deposited according to law cancel the articles of incorporation of the public transport undertaking.The cancellation shall take effect from the date fixed in the order.If there then remains any claims or judicial proceedings pending between such undertaking and third parties, the corporation, from the cancellation of the articles of incorporation of such undertaking, shall be subrogated to the rights and obligations of the undertaking.Upon such cancellation, the corporation, in all cases pending, shall be substituted for the undertaking of right and without proceedings in continuance of suit, and the judgments obtained shall be executory by or against the corporation, as the case may be. Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2937 \"291.28 The corporation may, without any special formality, award any contract for professional services of whatever amount and any other contract involving an expenditure of less than $50 000.However, no insurance contract and no contract for the execution of works or the supply of vehicles, equipment or materials or for the supply of services other than professional services and involving an expenditure of more than $5 000 and less than $50 000 may be awarded unless a call for tenders has been issued and is made by inviting in writing at least two contractors, two suppliers or two insurers, as the case may be, to tender.For the purposes of the second paragraph, a contract for the supply of vehicles or equipment includes any leasing contract with an option to purchase.\"291.29 The corporation may award, without calling for tenders, any contract for the supply of software or for the maintenance of computer or telecommunications systems provided that the contract is awarded to an undertaking which generally carries out such work and at a price generally required for work of that kind by such an undertaking.' '291.30 The corporation may award, after a call for public tenders published in a newspaper circulating in its territory, a contract contemplated in the second and third paragraphs of section 291.28 that involves an expenditure of not less than $50 000.The time prescribed for the receipt of tenders shall not be less than eight days.Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases: (1) for a fixed price; (2) at unit prices.\"291.31 All tenders contemplated in section 291.30 must be opened publicly in the presence of at least two witnesses, on the day and at the time and place mentioned in the call for tenders.The tenderers may be present at the opening of the tenders.The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders. 2938 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 \"291.32 The corporation shall not, except with the prior authorization of the Minister of Municipal Affairs who shall obtain the advice of the Minister of Transport, award the contract to any person other than the person who submitted the lowest tender within the prescribed time.If, however, to comply with the conditions governing the granting of a Government subsidy, it is necessary that the contract be awarded to a person other than the person who made the lowest tender within the prescribed time, the corporation may, without the authorization of the Minister of Municipal Affairs, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.If there is only one tenderer, the corporation shall not, except with the prior approval of the Council, award the contract where the amount exceeds $500 000.\"291.33 The chairman of the board of directors or, in his absence, the president and managing director may, in case of irresistible force of such a nature as to imperil the life or health of the population, seriously damage the equipment of the corporation or seriously disturb the public transport service, order any expenditure and award any contract he considers necessary to remedy the situation.Where an expenditure is ordered under the first paragraph, the chairman or the president and managing director is not required to obtain the treasurer's certificate contemplated in section 306.13 but he shall make a substantiated report to the board of directors of the corporation and to the Council at the next meeting.\"291.34 The corporation may pass a by-law to delegate to the president and managing director the power to authorize expenditures and to make contracts accordingly in the name of the corporation.The corporation may.in the by-law contemplated in the first paragraph, authorize the president and managing director to subdelegate to any officer or employee of the corporation the power to authorize certain expenditures and to make contracts accordingly in the name of the corporation.The by-law shall indicate ( 1 ) the area of competence to which the delegation or subdelegation applies; Part 2 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985.Vol.117.No.33 2939 (2) the amounts of the expenditures the president and managing director, officer or employee may respectively authorize; (3) the other conditions on which the delegation or subdelegation is made.The rules for the awarding of contracts, adapted as required, apply to any contract awarded under this section.Notwithstanding the foregoing, in any case where the authorization of the Minister of Municipal Affairs is required for the awarding of a contract to any other person than the person who made the lowest tender, only the president and managing director may apply to the Minister for the authorization.Every authorization of expenditures granted pursuant to a delegation or subdelegation requires, to be valid, a certificate of the treasurer indicating that sufficient appropriation is available for that purpose.No authorization may be granted if it entails commitment of the corporation's funds for a period extending beyond the current fiscal year.Every person who authorizes expenditures shall transmit a report thereof to the board of directors within the next thirty days.\" 24.The said Act is amended (1) by inserting, before section 292, the following: \"DIVISION III \"METRO\"; (2) by repealing section 296.1; (3) by replacing the figure \"278\" in the eighth line of the fourth paragraph of section 297 by the figure \"306.1\".25.Division VI of the said Act is replaced by the following: \"DIVISION IV \"FINANCIAL PROVISIONS \"299.The fiscal year of the corporation ends on 31 December each year.\"300.All revenues of the corporation, including subsidies, shall be used to fulfil the obligations of the corporation and to organize, possess, develop and administer its public transport undertaking. 2940 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 \"301.The property of the corporation shall belong to the corporation as the mandatary of the Community.\"302.For the purposes of the Act respecting municipal taxation (R.S.Q.chapter F-2.1), an immovable is deemed to belong to the corporation as soon as the corporation takes possession of it in | accordance with the Expropriation Act.\"303.Each year the corporation shall prepare its budget for the ensuing fiscal year and transmit it to the secretary of the Community before 1 October.\"304.Sections 210.1, 212 and 212.1, adapted as required, apply.I \"305.The secretary of the corporation shall transmit the budget of the corporation and any supplementary budget to the Minister of Municipal Affairs and to the Minister of Transport within thirty days of their adoption by the Council.\"306.The interest on and amortization of the loans by bonds contracted by the city of Montréal for the construction and equipping of the Metro and the payment of the corporation's operating deficits, including those resulting from payment of the interest on and I amortization of the loans of the corporation, shall be charged to the municipalities of the territory of the corporation.\"306.1 The interest on and amortization of all loans of the city of Montréal contemplated in section 306 and payable by it in a fiscal year of the Community shall be certified by the director of finance of the city not later than 1 September of the year preceding that fiscal year.The expenditure provided for in the certificate shall form part of the budget of the Community for the said fiscal year.It shall be apportioned by the treasurer of the Community within the time fixed in section 220 and shall be payable to the Community by the municipalities situated in the territory of the corporation in accordance with that section.The Community shall pay the amount of the expenditure to the city of Montréal in four instalments, the last of which may be lesser, on 1 March, 1 June, 1 September and 1 November each year.\"306.2 The treasurer of the Community shall apportion among the municipalities of the territory of the corporation in accordance with section 220, the estimated portion of the operating deficit provided for in the budget of the corporation for a fiscal year and determined as payable by the municipalities. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2941 \"306.3 The Community shall pay to the corporation, not later than the tenth of each of the months of March, June, September and November of the year corresponding to the fiscal year contemplated in the budget of the corporation, the amount of the payments of the aliquot shares determined by the treasurer of the Community and falling due on the first of each of the months mentioned above.\"306.4 The sum representing the difference, for a given fiscal year, between the amount mentioned in the certificate contemplated in section 306.1 and the actual expenditures of the city of Montréal, is, as the case may be, (1) paid by the Community to the city of Montréal, within thirty days of receipt by the treasurer of the Community of a certificate of the director of finance of the city attesting the difference; (2) reimbursed by the city of Montréal to the Community at the time of the sending of the certificate.\"306.5 The sum representing the difference, for a given fiscal year, between the estimate and the actual amount of the operating deficit of the corporation shall be paid to the corporation by the Community, if the estimate is less than the actual amount, within thirty days of receipt by the treasurer of the Community of a certificate of the treasurer of the corporation attesting the difference.If the actual amount is less than the estimate, the corporation shall keep the excess amount which is considered to be a revenue for the following fiscal year.\"306.6 If the Community is required, under sections 306.4 and 306.5, to pay to the corporation a sum greater than the sum it received from the municipalities situated in the territory of the corporation in accordance with section 306, the treasurer of the Community shall, not later than 21 December of the current fiscal year, apportion the additional deficit among the municipalities.The treasurer of the Community shall notify each municipality not later than the tenth day following the determination of the additional aliquot share, and the municipality shall pay the required amount not later than 1 March of the following fiscal year.\"306.7 The Community may use any surplus contemplated in section 217 for the payment of all or part of the additional deficit contemplated in section 306.6. 2942 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985, Vol.117.No.33 Part 2 \"306.8 The apportionment contemplated in section 306.6 shall be made in proportion to the fiscal potential of each municipality for the fiscal year in which the deficit was incurred.If the Community is reimbursed, under section 306.4, a sum greater than the sum it is required to pay under section 306.6, the excess amount shall be reimbursed to the municipalities within thirty days of receipt by the treasurer of the last certificate attesting the difference.The reimbursement provided for in the second paragraph is made in proportion to the fiscal potential of each municipality for the fiscal year during which the difference was incurred.\"306.9 Any instalment, payment of aliquot share or reimbursement made under sections 306.4 to 306.6 shall constitute an expenditure or a revenue of the Community for the fiscal year during which it is made.The budget for that fiscal year shall be amended accordingly and the corresponding appropriations shall be deemed to be adopted.\"306.10 If, on 1 January, the budget of the corporation is not adopted, the treasurer of the Communauté urbaine de Montréal shall determine provisional aliquot shares on 1 January, 1 April, 1 July or 1 October on the basis of one-quarter of the estimated deficit of the budget of the corporation for the preceding fiscal year, until the budget is adopted.The amounts thus apportioned shall be taken into account in the computation of the difference contemplated in section 306.5.\"306.11 The corporation may transfer appropriations from one item to another of the budget up to the amount determined by by-law of the Council.The corporation shall report the transfer of appropriations to the Council at the next regular meeting of the Council.' '306.12 The funds appropriated by a budget for specified financial commitments during a fiscal year shall remain available during the ensuing fiscal year for the execution of the commitments whether or not the execution has begun.\"306.13 Any by-law or resolution of the board of directors authorizing an expenditure has effect only if it is accompanied with a certificate of the treasurer indicating that the corporation disposes of sufficient funds for the purposes of the expenditure. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985, Vol.117.No.33 2943 Where a convention made pursuant to a by-law or resolution to which this section applies has effect over more than one fiscal year, a certificate shall be produced in accordance with the first paragraph for that portion of the expenditures that will be made during the first year and thereafter at the beginning of each year during which the convention has effect.The first paragraph does not apply to the inventory fund.The inventory fund contemplated in the third paragraph is made up of a sum representing not more than 2Vz% of the budget used for the following purposes: (1) the purchase in cash of supplies and spare parts entered in the assets of the operating fund; (2) the purchase of merchandise, materials, supplies and other items that the corporation may need in the course of its day-to-day operations.\"306.14 The corporation may, by by-law, order a loan for a purpose within its competence.The term of such a loan shall in no case exceed fifty years.The by-law need only mention the total amount of the principal of the loan that it orders, the purposes for which the proceeds of the loan are to be used and the maximum term for which it may be contracted.The by-law requires the approval of the Council and of the Minister of Municipal Affairs.\"306.15 The corporation may order, by resolution, temporary loans for the payment of current administrative expenses of the corporation and contract them on the conditions and for the term it determines.The corporation may also contract temporary loans for the payment of the expenses incurred under a loan by-law.\"306.16 Where a loan is ordered by by-law and approved, the secretary of the corporation shall advise the executive committee of the conditions that may be expected when the loan is made.The corporation may effect the loan by issuing securities or by contract, up to the total amount of principal indicated in the by-law.The corporation shall determine by resolution 2944 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 (1) the interest rate on the loan or securities or the manner of fixing that rate; (2) the time the loan is effected; (3) the content of the securities or of the contracts; (4) the conditions of issue of the securities.Any resolution of the corporation adopted under the third paragraph requires the approval of the Minister of Municipal Affairs.\"306.17 The corporation may effect a loan for a term shorter than that indicated in the by-law contemplated in section 306.14 and determine the part of the loan that shall be renewable at maturity and the maximum term of the renewal.Any loan made for purposes of a renewal may be effected within twelve months preceding the date of maturity of the loan to be renewed, provided that the term prescribed by the corporation for the renewal does not exceed the maximum term determined in the by-law contemplated in section 306.14.\"306.18 The corporation may designate a place outside Québec where a register shall be kept to register the securities and appoint a person to keep it.It may set down rules on any matter respecting its loans.\"306.19 Sections 7 and 8 and Divisions V, VI and VIII to X and XII of the Act respecting municipal and school debts and loans, adapted as required, apply to the corporation.The treasurer of the corporation or any other officer designated by it for that purpose shall fulfill the obligations mentioned in sections 24 and 32 of the said Act.The Minister of Municipal Affairs may cause the seal and the certificate contemplated in section 12 of the said Act to be affixed to any security issued by the corporation to effect a loan contemplated in section 306.14.The validity of a security bearing such seal and certificate may in no case be contested.Division IX of the said Act does not apply to a security that is not subject to registration under the conditions of its issue.A loan of the corporation or a security issued by it may be repaid or redeemed in advance, of its own accord, according to the terms of the contract or security.The date of advance repayment or redemption may be other than a date of payment of interest if the prior notice stipulated in the contract or security is given. Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2945 \"306.20 The bonds, notes and other securities issued by the corporation shall be authorized investments as if they were mentioned in subparagraph a of the first paragraph of article 981o of the Civil Code of Lower Canada.The commitments attaching to the securities issued by the corporation and the contracts entered into by it constitute direct and general obligations of the corporation and of the municipalities mentioned in Schedules A and B ranking, concurrently and without preference with the other general obligations of the corporation and of those municipalities.\"306.21 The corporation and the municipalities situated in its territory shall be jointly and severally liable toward the holders of bonds, notes and other securities issued by the corporation for the repayment of such bonds, notes and other securities, in principal, interest and other incidental cost, and for all other obligations contracted by the corporation.\"306.22 When a by-law authorizes the corporation to borrow a certain amount either in the legal tender of Canada or in the currency of one or more foreign countries, the total amount of the loan thus authorized shall be that expressed in the legal tender of Canada.The amount in Canadian dollars of a loan effected in another currency is obtained by multiplying the amount of the principal of the loan by the value of the unit of the other currency in relation to the Canadian dollar.For the purposes of the computation contemplated in the second paragraph, the value of the unit of the other currency in relation to the Canadian dollar is as it stands (1) at the time of the conversion into Canadian dollars of all or part of the proceeds of the loan paid to the corporation; (2) at noon on the day on which all or part of the proceeds of the loan is paid to the corporation, if it is not converted into Canadian dollars.Where all or part of the proceeds of a loan are used to renew a loan already effected by the corporation, for all or part of its unexpired term, the amount used for the renewal is not deducted from the balance of the amount of the loan authorized by by-law, whatever the value of the currency in which the loan is effected. 2946 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Pari 2 \"306.23 Notwithstanding any inconsistent legislative provision, the second paragraph of section 306.19 does not apply to a security issued by the corporation to effect a temporary loan.\"306.24 Notwithstanding any inconsistent legislative provision, the securities of the corporation may be issued in one of the following forms or as a combination thereof: (1) fully registered securities; (2) securities that may be registered for the principal only; (3) securities payable to the bearer.The corporation may prescribe the mode of transfer or negotiation of its securities and the formalities to be fulfilled for that purpose.However, a bearer security is negotiable by mere delivery and is not subject to registration unless otherwise stipulated.\"306.25 The bonds and coupons issued by the corporation shall be signed by the chairman of the board of directors and by the secretary of the corporation or, if the latter is absent or unable to act, by any person designated for that purpose by the corporation to replace him.The signature of the chairman or of the secretary of the corporation affixed on any bond or coupon of the corporation not issued or delivered before these persons cease to act is nevertheless valid and binds the corporation.\"306.26 The cheques, notes, orders of payment or other negotiable instruments issued by the corporation shall be signed by the president and managing director and by the treasurer of the corporation or, if either is absent or unable to act, by any person designated for that purpose by the corporation to replace him.\"306.27 The facsimile of the signature of the chairman of the board of directors of the corporation may be engraved, lithographed or printed on the documents contemplated in section 306.25 and that of the president and managing director or of the treasurer of the corporation may be engraved, lithographed or printed on the documents contemplated in section 306.26.The facsimile has the same effect as if the signature itself had been affixed to the documents.\"306.28 Where the corporation effects a loan in a foreign country, it may elect domicile in that country or elsewhere, for the purposes of receiving a notice or proceeding respecting that loan. Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24, 1985, Vol.117, No.33 2947 In the same circumstances, the corporation may order that the securities issued by it or the contracts entered into by it in a foreign country for the purposes of the loan be governed by the law of that country, provided that sections 306.14 to 306.28 are complied with.\"DIVISION V \"PROGRAM OF CAPITAL EXPENDITURES \"306.29 The corporation shall, each year, adopt by by-law a program of capital expenditures for the next three fiscal years and have it approved by the Council.\"306.30 The program shall be divided into annual phases.It shall describe, for the period coincident therewith, the object, the cost and the mode of financing of the capital expenditures or expenses that the corporation plans to make or to incur, and for which the financing period exceeds twelve months.The program shall also mention the capital expenditures the corporation plans to make beyond the period contemplated by it if the expenditures result from commitments made during that period.\"306.31 The program approved by the Council shall be transmitted to the Minister of Municipal Affairs and to the Minister of Transport not later than 31 October preceding the beginning of the first fiscal year contemplated in the program.Upon sufficient proof that the corporation is in fact unable to transmit the program within the prescribed time, the Minister of Municipal Affairs may grant to it any extension he may fix.The Government shall approve the program upon the recommendation of the Minister of Municipal Affairs and of the Minister of Transport.The approval may be total or partial.The Minister of Municipal Affairs may, by order, require that the program be transmitted by means of the form provided by him for that purpose.The Minister may also require the board of directors to furnish him with any information on the program that is not provided for in section 306.30.\"306.32 No loan and no financial commitment made in view of the financing of capital expenditures may validly be ordered except in accordance with the program of capital expenditures in force. 2948 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985.Vol.117.No.33 Part 2 However, the loan or financial commitment approved according to law is deemed to have been ordered in accordance with the program.The corporation may amend the program in accordance with this division.The amendment shall be transmitted within thirty days of its adoption.The provisions applicable to the procedure preceding the adoption of the budget of the corporation, adapted as required, also apply to the procedure preceding the adoption of the program of capital expenditures of the corporation to the extent that they are consistent with the first and second paragraphs.\"DIVISION VI \"AUDIT AND REPORT \"306.33 During the period extending from 1 December to 1 May, the corporation shall appoint an auditor for the fiscal year beginning during that period.If no appointment has been made on 1 May, the auditor appointed for the preceding fiscal year shall remain in office.\"306.34 If a vacancy occurs in the office of the auditor before the expiry of his term, the corporation shall fill the vacancy at the next meeting of the board of directors.\"306.35 The corporation shall inform the Minister of Municipal Affairs of the name of the auditor appointed for the current fiscal year, as soon as it is known.\"306.36 In no case may the following persons act as an auditor for the corporation: (1) a member of the board of directors or his associate: (2) the president and managing director, a director general, the head of a department or any other person who performs similar duties, or an employee of the corporation, or his associate; (3) a person who, during the fiscal year for which the audit is carried out, has, directly or indirectly, personally or through his associate, any interest in a contract with the corporation, receives a commission pursuant to the contract or derives any benefit from the contract, unless his connection with the contract arises from the practice of his profession.\"306.37 The Minister of Municipal Affairs may, if he considers it necessary, appoint an auditor other than the auditor appointed under section 306.33 or 306.34 and require a report from him. Part 2 GAZETTE OFFICIELLE DU QUEBEC.July 24.1985.Vol.117.No.33 2949 \"306.38 The auditor shall, for the fiscal year for which he is appointed, audit the financial statements and any other document the Minister of Municipal Affairs determines by regulation published in the Gazette officielle du Québec.Every regulation under the first paragraph comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec or on any later date fixed therein.\"306.39 The auditor shall transmit his report to the treasurer of the corporation not later than 31 March following the expiry of the fiscal year for which he was appointed or for which he remained in office.He shall state in his report, in particular, whether the financial statements of the corporation faithfully represent the financial position of the corporation on 31 December and indicate the results of the operations of the corporation for the fiscal year ending on that date.\"306.40 The corporation may require any other audit it considers necessary and require a report from the auditor.\"306.41 At the end of the fiscal year, the treasurer shall draw up the financial report for the past fiscal year and he shall certify it.The report shall include the financial statements of the corporation and any other information required by the Minister of Municipal Affairs.The report shall be drawn up on the forms furnished by the Minister of Municipal Affairs, where that is the case.\"306.42 The financial report shall be filed at a meeting of the board of directors, at the same time as the auditor's report.The secretary of the corporation shall send the reports to the Minister of Municipal Affairs and to the Council not later than 1 May.\"306.43 The corporation shall, not later than 1 May each year, transmit to the Minister of Transport a certified copy of the report produced by the auditor for the preceding fiscal year, accompanied with a report of the activities of the corporation for that fiscal year.The corporation shall transmit to the Minister of Transport any other information required by him.\"306.44 The Minister of Transport may cause a person he designates to examine the use of subsidies granted by him to the corporation and the nature of the expenditures related to the subsidies. 2950 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 \"DIVISION VII \"PENAL PROVISIONS \"306.45 Except with the authorization of the corporation, no person shall in any manner use the name of the \"Société de transport de la Communauté urbaine de Montréal\" or of any one of its departments, or its emblem or graphic symbol.\"306.46 Every person who contravenes section 306.45 is guilty of an offence and liable, for each offence, in addition to costs, to a fine of not more than $500.\"306.47 The corporation may, in the by-laws contemplated in subparagraphs 1, 2 and 3 of the first paragraph of section 291.17, define contraventions and prescribe for each offence, in addition to costs, a fine of not more than $500.In the case of a subsequent offence within two years of the conviction, the fine is not less than $200 nor more than $1 000.\"306.48 Sections 69.1 to 69.4, adapted as required, apply to the corporation.\"306.49 Any officer of the corporation specifically designated by the board of directors to enforce the by-laws of the corporation contemplated in subparagraphs 1,2 and 3 of the first paragraph of section 291.17 may, for the purposes of filing a complaint, require that an offender identify himself by stating his name and address and furnish proof thereof on request.\"306.50 Proceedings for an offence contemplated in section 306.46 or for an offence against a by-law shall be instituted by the corporation or by a person generally or specially authorized in writing for that purpose by the corporation.Proceedings under the first paragraph shall be instituted within six months after the offence is committed.\"306.51 Proceedings for an offence contemplated in section 306.46 or for an offence against a by-law shall be instituted before the Municipal Court having jurisdiction in the territory of the corporation, or, where the offence has been committed outside the territory, before the Municipal Court having jurisdiction in the territory where the offence was committed. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2951 \"306.52 The fines contemplated in sections 306.46 and 306.47 belong to the corporation and the costs belong to the municipality under the jurisdiction of the Municipal Court that has heard the case.\"DIVISION VIII \"GENERAL PROVISIONS \"306.53 The corporation has sufficient interest to appear before a judicial, quasi-judicial or administrative court to make or have made any representations it considers necessary respecting any application for a permit made by a carrier of passengers and covering all or part of the territory of the corporation, respecting routes, stops or any other conditions which may affect the permit.Notice of the hearing of permit applications under the first paragraph shall be transmitted to the corporation.\"306.54 Any period of time granted to the corporation by this Act to perform any act or to make any decision may be extended by the Minister of Transport, at the request of the corporation.\"306.55 If the corporation fails to perform an act or to make a decision within the time prescribed under this Act, the Government may perform the act or make the decision.Every act performed or decision made by the Government is binding on the corporation as if it had been performed or made by the corporation.No act performed or decision made by the Government may be revoked, repealed or changed by the corporation except with the approval of the Government.Subject to section 306.54, the corporation may perform an act or make a decision even after the time prescribed under this Act has expired, provided that it does so before the act is performed or the decision is made by the Government.\"306.56 The corporation is exempt from liability towards owners of articles lost on its property or in its vehicles.\"306.57 The corporation is not subject to the jurisdiction of the Commission des transports du Québec otherwise than pursuant to a provision of this Act.The Commission des transports du Québec has no jurisdiction over any transportation provided on behalf of the corporation pursuant to 2952 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 < a contract contemplated in subparagraphs 2 and 3 of the second paragraph of section 291 and in sections 291.1 and 291.3.\"306.58 The public transport undertaking of the corporation is not subject to the Railway Act (R.S.Q.chapter C-14).\"306.59 The Government may, on the recommendation of the Minister of Transport, exclude, by letters patent, the territory of the city of Longueuil from the territory of the corporation.The letters patent come into force on the day of their publication in the Gazette officielle du Québec.\"306.60 While the territory of the city of Longueuil forms part of the territory of the corporation, the data required for the purposes of sections 220 and 306 to 306.6, as regards the territory of the city of Longueuil served by the corporation, shall be established by the assessor of the Community, in respect of the assessment roll, the roll of rental values and the portion of the real estate values or rental values to be included to take into account any amount or compensation paid in lieu of a real estate or business tax and the rules pertaining to the preparation of the statement of the total assessments provided for in section 220 apply, adapted as required.Expenses incurred by the Community to establish the data required as regards the city of Longueuil shall be subject to section 187 of the Act respecting municipal taxation.\"306.61 On any matter submitted to the Council in relation to the corporation, the representatives of the municipalities situated in the territory of the corporation shall be entitled to vote in addition to the chairman of the executive committee.For the purposes of this section, while the city of Longueuil forms part of the territory of the corporation, the city of Longueuil shall be represented on the Council by a delegate designated in accordance with the second paragraph of section 42, and he shall be considered as a member of the Council.\"306.62 The Commission municipale du Québec shall have jurisdiction to decide, upon the application of the Community, the corporation, the city of Longueuil or the Société de transport de la Rive Sud de Montréal, any question in dispute between those parties respecting the Longueuil metro station.\"306.63 Every provision of the charter or of the by-laws of the city of Montréal inconsistent with this title shall be without effect. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2953 \"306.64 The Société de transport de la Communauté urbaine de Montréal is deemed to be a transit commission for the purposes of sections 1, 18 and 89 of the Act respecting intermunicipal boards of transport in the area of Montréal, paragraph g of section 1 of the Act respecting municipal and intermunicipal transit corporations (R.S.Q., chapter C-70), paragraph 5 of section 204 of the Act respecting municipal taxation (R.S.Q., chapter F-2.1) and subparagraph b of paragraph 2 of section 41 of the Securities Act (R.S.Q., chapter V-l.l).\"306.65 The Minister of Transport is responsible for the carrying out of sections 234.7 to 298 and 306.43 to 306.64; the Minister of Municipal Affairs is responsible for the carrying out of sections 299 to 306.42.\" 26.The said Act is amended by inserting, after section 330, the following section : \"330.1 The Communauté urbaine de Montréal is authorized to establish and maintain the following supplemental pension plans: (1) the plan provided for in the memorandum of agreement of 27 August 1982 between the negotiating committee of the city of Montréal and of the Communauté urbaine de Montréal and that of the Canadian Union of Public Employees, local section 301; (2) the plan provided for in the memorandum of agreement of 11 March 1983 between the negotiating committee of the city of Montréal and of the Communauté urbaine de Montréal and that of the Syndicat des fonctionnaires municipaux de Montréal; (3) the plan provided for in the agreement of 27 June 1984 ratified by the Syndicat des architectes de la Ville de Montréal et de la Communauté urbaine de Montréal; (4) the plan provided for in the agreement of 11 July 1984 ratified by the Syndicat des professionnels de la Ville de Montréal et de la Communauté urbaine de Montréal; (5) the plan provided for in the agreement of 10 August 1984 ratified by the Syndicat professionnel des ingénieurs de la Ville de Montréal et de la Communauté urbaine de Montréal; (6) the plan provided for in the agreement of 21 August 1984 ratified by the Association des chimistes professionnels de la Ville de Montréal et de la Communauté urbaine de Montréal. 2954 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 The by-law pertaining to the Régime de retraite des cadres de la Communauté urbaine de Montréal, bearing number 75 and passed by the Council on 19 December 1984, is ratified.Each supplemental pension plan mentioned in the first paragraph is in force from the date mentioned in the memorandum of agreement or in the agreement providing therefor.The Act respecting supplemental pension plans (R.S.Q., chapter R-17) and the regulations shall continue to apply to the pension plans contemplated in this section, to the extent that they are not inconsistent with those pension plans.\" ACT RESPECTING LAND USE PLANNING AND DEVELOPMENT 27.The Act respecting land use planning and development (R.S.Q., chapter A-19.1) is amended by replacing subparagraph 3 of the second paragraph of section 264.1 by the following subparagraph: \"(3) the Community shall adopt the resolution provided for in section 4 not later than 11 July 1985 and its development plan not later than 17 September 1986;\".ACT RESPECTING THE COMMUNAUTÉ URBAINE DE QUÉBEC 28.The Act respecting the Communauté urbaine de Québec (R.S.Q., chapter C-37.3) is amended by inserting, after section 6.3, the following sections: ''6.3.1 Within sixty days of his appointment, the chairman of the executive committee shall table before the Council a written declaration stating the existence of the pecuniary interests he has in immovables situated in the territory of the Community and in legal persons, partnerships or undertakings.The declaration shall mention any position or directorship held by the chairman as well as any loan, contracted by him with a person or institution other than a financial institution, the balance of which, in principal and interest, is in excess of $2 000.The declaration shall not mention the value of the interests listed therein, nor the extent of the chairman's interest in legal persons, partnerships or undertakings.The declaration shall not mention the existence of sums deposited with financial institutions, nor the possession of bonds issued by a government, a municipality or another public body. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2955 I \"6.3.2 Each year, within sixty days of the anniversary of his appointment, the chairman shall table an updated declaration before the Council.In the meantime, the chairman shall disclose in writing any new I interest that entails a conflict with the interest of the Community.The writing shall be tabled before the Council at the first sitting following the acquisition of that interest.\"6.3.3 If he fails to table the declaration within the prescribed time, the chairman, from the tenth day after the expiry of that time and until he has tabled it, no longer has the right to sit on the Council, I on any commission of the Council, on the executive committee or on the board of directors of the transit commission of the Community or on any other council, committee, commission or public body of which he is a member by the fact that he is the chairman of the executive committee.Upon the expiry of the time prescribed for tabling the declaration, the secretary of the Community shall notify the chairman of his failure to do so and of the effects thereof.\"6.3.4 Where the chairman loses the right to sit, he shall consequently lose the right to receive the remuneration or allowance provided for each sitting in which he is not allowed to take part.Where his remuneration or allowance is not established for each sitting, 1% of the annual amount of the remuneration or allowance shall be deducted for each sitting in which he is not allowed to take part.\"6.3.5 Any person who knowingly makes a false or incomplete declaration of his pecuniary interest is disqualified from holding the office of chairman and that of member of the council of a municipality.The disqualification lasts until the expiry of a period of five years from the day the final judgment declaring the person disqualified becomes executory.\"6.3.6 Any act performed by a council, committee, commission or body during a sitting in which the chairman takes part despite his being disqualified from holding office or his having lost the right to take part therein is not invalid by reason only of the fact that the chairman has taken part in it.\" 2956 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 MONTRÉAL URBAN COMMUNITY ACT 29.Section 321 of the Montréal Urban Community Act (1969, chapter 84), amended by section 36 of chapter 90 of the statutes of 1971, section 22 of chapter 73 of the statutes of 1972 and section 125 of chapter 18 of the statutes of 1982, is again amended by replacing the word and figures \"1 January 1983\" in the first line by the word and figures \"1 January 1986\".30.Section 324 of the said Act, replaced by section 126 of chapter 18 of the statutes of 1982, is amended by replacing the word and figures \"15 January 1984\" in the second line by the word and figures \"15 January 1986\".ACT TO AMEND THE ACT RESPECTING THE COMMUNAUTÉ URBAINE DE MONTRÉAL 31.The Act to amend the Act respecting the Communauté urbaine de Montréal (1982, chapter 18) is amended by replacing the word and figures \"11 July 1983\" in the first line of the first paragraph of section 180 by the word and figures \"31 December 1985\".TRANSITIONAL AND FINAL PROVISIONS 32.For the purposes of sections 33 to 42, \"Act\" means the Act respecting the Communauté urbaine de Montréal amended by this Act; \"existing Act\" means the Act respecting the Communauté urbaine de Montréal as it existed before 20 June 1985.33.Section 290 of the Act shall, from 1 July 1986, read as follows: \"290.The corporation may make a contract for pupil transportation within the scope of the Act respecting public elementary and secondary education (R.S.Q., chapter E-8.1), of the Act respecting private education (R.S.Q., chapter E-9) and of the General and Vocational Colleges Act (R.S.Q., chapter C-29).The corporation has jurisdiction to carry out, outside its territory, any contract it has made with a school board, provided the territory of that school board is comprised in the territory of the corporation or of a municipality or an intermunicipal board of transport served by the corporation under a contract.\" 34.The fourth paragraph of section 291.34 and section 306.13 of the Act have effect from 1 January 1987. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985.Vol.117, No.33 2957 35.The chairman of the executive committee of the Communauté urbaine de Montréal and the chairman of the executive committee of the Communauté urbaine de Québec, in office on 20 June 1985, shall table the declaration of interest provided for in section 12.1 of the Act and in section 6.3.1 of the Act respecting the Communauté urbaine de Québec, introduced by section 28 of this Act, not later than 18 September 1985.36.Section 4 is declaratory.37.The Société de transport de la Communauté urbaine de Montréal constituted under section 235 of the Act shall succeed the Commission de transport de la Communauté urbaine de Montréal constituted under the existing Act and, for that purpose, shall acquire every right and assume every obligation of the Commission de transport de la Communauté urbaine de Montréal.38.The president and managing director of the Commission de transport de la Communauté urbaine de Montréal in office on 19 June 1985 shall remain in office until 20 March 1987.At the expiry of her term of office, she is not entitled to the pension contemplated in section 243 of the existing Act.Notwithstanding the foregoing, every contribution paid by her and every contribution paid in her behalf by the Commission de transport de la Communauté urbaine de Montréal into the pension fund shall be transferred to the Government and Public Employees Retirement Plan in full or partial payment of the cost of purchasing the leave without pay for the period during which she held the office of president and managing director.39.The commissioners of the Commission de transport de la Communauté urbaine de Montréal other than the president and managing director in office on 19 June 1985 shall cease to hold office from the first meeting of the board of directors formed according to the Act.Notwithstanding the foregoing, they shall perform for the corporation, from that date and until the date on which their term of office would have ended, the duties determined by the president and managing director without any reduction of their conditions of employment as commissioners.The commissioners are.not entitled to receive a pension from the corporation while a remuneration is paid to them by the corporation.40.The secretary, assistant-secretary, treasurer, assistant-treasurer and other officers and employees of the Commission de transport de la Communauté urbaine de Montréal and the directors 2958 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 general, heads of departments and other persons who perform similar duties with the Commission in office on 19 June 1985, shall become, without any other formality, the secretary, assistant-secretary, treasurer, assistant-treasurer and officers and employees of the Société de transport de la Communauté urbaine de Montréal and the directors general, heads of departments and other persons who perform similar duties with the corporation.41.Every decision, by-law, resolution, contract, agreement or convention made or entered into under the existing Act remains in force until it is repealed or replaced by a decision, by-law, resolution, contract, agreement or convention made or entered into under the Act.42.The name \"Commission de transport de la Communauté urbaine de Montréal\", the word \"Commission\", and the expression \"Commission de transport\" when they refer to the said commission, are replaced by \"Société de transport de la Communauté urbaine de Montréal\", \"Société de transport\" or \"corporation\" respectively, in sections 104, 204 to 206, 209, 210, 292 to 294, 297, 298, 314, 329 and 330 of the existing Act and in Schedule B to that Act.43.This Act shall not affect the right of a person to receive from the Commission de transport de la Communauté urbaine de Montréal a pension he is receiving from the Commission nor reduce the amount thereof.44.In any Act, regulation, by-law, order, order in council, proclamation, contract or document, the designation \"Commission de transport de la Communauté urbaine de Montréal\" and the word \"Commission\" where it refers to the said commission are replaced by \"Société de transport de la Communauté urbaine de Montréal\" or \"corporation\", unless otherwise required by the context.45.The Société de transport de la Communauté urbaine de Montréal is authorized to use all documents or means of identification already prepared in the name of the Commission de transport de la Communauté urbaine de Montréal, until it replaces them by documents or means of identification prepared in its name.46.Sections 27, 29, 30 and 31 have effect from 11 July 1982.47.Section 553 of the Act respecting public elementary and secondary education (1984, chapter 39) is repealed.48.This Act shall operate notwithstanding the provisions of sections 2 and 7 to 15 of the Constitution Act, 1982 (Schedule B to Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2959 the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom).49.This Act comes into force on 20 June 1985. Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2961 NATIONAL ASSEMBLY (1985.Chapter 32) An Act respecting the Société de transport de la rive sud de Montréal Introduced 15 May 1985 Passage in principle 11 June 1985 Passage 19 June 1985 Assented to 20 June 1985 FIFTH SESSION THIRTY-SECOND LEGISLATURE Bill 50 Québec Official Publisher 1985 2962 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 EXPLANATORY NOTES The object of this bill is to establish the Société de transport de la rive sud de Montréal, which succeeds to the existing Montréal South Shore Transit Com m ission.The primary objective of the bill is to give the control of the new Société de transport de la rive sud de Montréal to the elected officials of the territory of the corporation.With regard to the organization of the corporation, the bill provides that the corporation will have a board of directors consisting of the mayors of the municipalities situated in the territory of the corporation and of representatives chosen by and from among the council of those municipalities and an executive committee consisting office members chosen by and from among the members of the board of directors.The bill also provides the division of the office of chairman and general manager into two separate offices, namely that of chairman and that of managing director.The managing director is appointed by the board of directors.The bill prorides for closer public scrutiny of the activities of the corporation by requiring thai the meetings of the board of directors be public and specifying that the meetings of the executive committee may be public, that a question period be scheduled at the beginning of each meeting for the benefit of users and that a specific matter be entered on the agenda of a meeting if requested by 50 or more residents of the territory of the corporation.The bill specifics that the passenger fares and the routes established by the corporation will require publication in a newspaper and will come into force thirty days and fifteen days, respectively, after publication.The bill empowers the corporation to adopt the budgetary estimates by fractions or by separate Hems and to amend its budget or adopt a supple men tary budget Finally, the bill requires the corporation to prepare a three-year plan of capital expenditures which will be subject to government approval. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2963 Bill 50 An Act respecting the Société de transport de la rive sud de Montréal THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS: DIVISION I INCORPORATION AND ORGANIZATION § I.\u2014Incorporation 1.A public corporation is hereby established under the name of \"Société de transport de la rive sud de Montréal\".The corporation may use an acronym as its designation; copy of the resolution adopting or changing the acronym shall be published in the Gazette officielle du Québec.2.The object of the corporation is to operate a public transport undertaking to provide passenger transportation by any means of public transportation in the territory of the following municipalities: the cities or towns of Boucherville, Brossard, Greenfield-Park, Lemoyne, Longueuil, Saint-Hubert and Saint-Lambert; the territory of these cities or towns is the territory of the corporation.3.The corporation shall have its head office in its territory, at the place it determines; it shall publish a notice of the location or of any change in the location of its head office in the Gazette officielle du Québec. 2964 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Pan 2 § 2.\u2014Organization 4.The affairs of the corporation are administered by its board of directors.5.The board of directors shall consist of (1) the mayors of the municipalities included in the territory of the corporation; (2) for each municipality, one representative for every 40 000 inhabitants.6.The representatives of the municipalities shall be appointed by resolution of the council of the municipality and chosen from among its members.No representative may attend a meeting of the board of directors unless the secretary has received copy of the resolution before the meeting is held.7.A substitute for the mayor shall be appointed, in the manner prescribed in section 6, whenever the mayor is absent or unable to act or if he refuses to become a member of the board of directors or if a vacancy occurs in the office of mayor.8.The term of office of a member of the board of directors other than a mayor is two years and may be renewed.9.The board of directors shall appoint the chairman from among the mayors and the vice-chairman from among the members of the board.The term of office of the chairman and of the vice-chairman is one year and may be renewed.10.Every member of the board of directors shall remain in office at the expiry of his term as a member of the board until he is replaced or reappointed.11.A member of the board of directors shall cease to be a member when he ceases to be a member of the council of his municipality.A vacancy occurs in the office of a member when he ceases to be a member of the board of directors.A member of the board of directors shall also cease to be a member if he fails to attend the meetings of the board for ninety consecutive Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2965 days from the last meeting he attended; if a member attends no meeting whatever from the time he becomes a member of the board of directors, the ninety-day period shall run from the first meeting he could have legally attended; his term of office shall terminate at the close of the next meeting held after the ninety-day period unless, at that meeting, the other members of the board of directors are of opinion that it was impossible in fact for him to attend the meeting of the council.If the member attends no meeting of the board of directors called within thirty days after the meeting contemplated in the second paragraph, a vacancy occurs on the thirtieth day; the secretary of the corporation shall notify the council of the municipality immediately.12.A representative of a municipality or a mayor's substitute shall cease to be a member of the board of directors where the council of his municipality revokes his appointment.A vacancy occurs in the office of the representative or substitute upon the revocation of his appointment.13.Notwithstanding the expiry of his term, the chairman of the board of directors shall remain in office until his successor is designated.14.The resignation of a member of the board of directors entails a vacancy in the office of that member.The resignation becomes effective from the day on which the secretary of the corporation receives a notice to that effect signed by the resigning member.The secretary of the corporation shall, without delay, notify the council of the municipality concerned.The chairman and vice-chairman of the board of directors may resign as chairman or vice-chairman in the manner prescribed in the second paragraph.The secretary of the corporation shall, without delay, notify the board of directors thereof.15.Except in the case of resignation, every member of the board of directors shall remain in office until his successor is appointed, notwithstanding the expiry of his term.16.Any vacancy in the office of a member of the board of directors or the office of chairman or vice-chairman shall be filled within sixty days from the day on which the vacancy became effective. 2966 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 17.The vice-chairman of the board of directors shall replace the chairman if the latter is absent or if he is unable or refuses to act or if a vacancy occurs in his office because he is unable or unwilling to continue to perform his duties until his successor is appointed.If the vice-chairman is absent or if he is unable or refuses to act when replacing the chairman, or in the case of a vacancy in the office of vice-chairman, the members present at a meeting of the board of directors shall designate from among themselves a member to preside at the meeting.The secretary of the corporation shall preside at the meeting for the purposes of the designation.18.The chairman of the board of directors shall preside at the meetings of the board and see that good order is maintained.19.The majority of the members of the board of directors constitutes a quorum.20.Each member of the board of directors is entitled to one vote.Subject to section 55 and to subparagraph 5 of the first paragraph of section 99, the decisions of the board of directors are made by a majority of the votes cast.21.Each member of the board of directors present at a meeting has an obligation to vote.However, if a member has any direct or indirect interest in any undertaking putting his personal interest in conflict with that of the corporation, he shall disclose it to the board of directors and abstain from participating in the deliberations and voting on any question relating to the undertaking in which he has an interest, and the secretary shall record that fact in the minutes.22.The board of directors may hold its meetings anywhere in the territory of the corporation.The meetings are public.23.The board of directors shall hold a regular meeting at least ten times a year.The board shall, at its first meeting of the year, adopt the schedule of the meetings for the whole year.Within fifteen days after the first meeting of the year, the secretary of the corporation shall publish in a newspaper circulating in the territory of the corporation a notice of the date, time and place of the regular meetings of the board of directors. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.I9H5.Vol.117.No.33 2967 The board of directors shall also hold special meetings at the written request of the chairman, of the managing director, of the executive committee or of not less than one-quarter of its members representing at least two of the municipalities of the territory of the corporation.The request shall be addressed to the secretary of the corporation.24.The board of directors shall enter on the agenda of the regular meeting which follows the receipt by the secretary of the corporation of a written request signed by not less than 50 residents of the territory of the corporation, the subject of the request.The request shall be delivered to the secretary not later than ten days before the meeting is held.The residents who have signed the request may, during the meeting, address, orally, the members of the board of directors on that subject in accordance with the procedure and during the period determined under the by-law passed in that respect by the board of directors.25.The meetings of the board of directors shall be called by the secretary of the corporation.In the case of a regular meeting, a copy of the agenda shall be sent by the secretary of the corporation to each member of the board of directors not later than three days before the holding of the meeting.In the case of a special meeting, a copy of the notice setting out the matters to be debated shall be sent by the secretary of the corporation to each member of the board of directors not later than twenty-four hours before the time fixed for the holding of the meeting.Every member present at a regular or special meeting of the board of directors may waive the calling notice.26.The board of directors shall schedule a question period at the beginning of each meeting; the persons present may put oral questions to the members of the board.The question period must not exceed one hour unless the board of directors decides otherwise.27.The board of directors may make by-laws for its internal management and that of the corporation.28.The minutes of the meetings of the board of directors shall be kept in a register by the secretary of the corporation.They shall be signed by the chairman of the board of directors and by the secretary.The minutes are authentic. 2968 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 The minutes of a meeting shall be read at the next regular meeting unless a copy thereof was given to each member of the board of directors at the latest when the latter meeting was called.The minutes shall be ratified at the latter meeting by the board of directors.29.The board of directors shall, by by-law, fix the remuneration and expense allowance of the members of the board of directors.It may also, in the by-law, fix an additional remuneration and expense allowance for the chairman and the vice-chairman.The remuneration and allowance are paid out of the revenues of the corporation.The by-law may be retroactive to 1 January preceding its coming into force.30.The board of directors shall previously authorize any expense incurred by a member of the board for the account of the corporation.On the presentation of a statement of account accompanied with the vouchers required by the board of directors, the board shall authorize the reimbursement of the expenses.§ 3.\u2014Executive committee 31.The board of directors shall appoint from among its members five persons, including a chairman, who shall form the executive committee.At least one member of the executive committee shall be from the city of Longueuil.The term of office of the members of the executive committee is two years.Their term of office may be renewed.32.Every member of the executive committee shall cease to be a member when he ceases to be a member of the board of directors or when the board of directors revokes his appointment.A vacancy occurs in the office of a member when he ceases to be a member of the executive committee.The member shall, however, remain in office until his successor is appointed.33.The chairman of the executive committee shall preside at the meetings of the committee and see that good order is maintained.If the chairman is absent or if he is unable or refuses to act, the members present at a meeting of the executive committee shall designate from among themselves a member to preside at the meeting.The Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2969 secretary of the corporation shall preside at the meeting for the purposes of the designation.34.Each member of the executive committee is entitled to one vote.The decisions of the executive committee are made by a majority of the votes cast.35.The executive committee may hold its meetings anywhere in the territory of the corporation.The meetings may be public.36.The meetings of the executive committee shall be called, at the request of the chairman or of two members, by the secretary of the corporation.A copy of the agenda shall be sent by the secretary of the corporation to each member of the executive committee not later than three days before the holding of the meeting.Every member present at a meeting of the executive committee may waive the calling notice.37.The executive committee may make by-laws for its internal management.38.The board of directors shall, by by-law, fix the remuneration and expense allowance of the members of the executive committee.It may also, in the by-law, fix an additional remuneration and expense allowance for the chairman of the executive committee.The remuneration and allowance are paid out of the revenues of the corporation.The by-law may be retroactive to 1 January preceding its coming into force.39.The board of directors shall authorize any expense incurred by a member of the executive committee for the account of the corporation.On the presentation of a statement of account accompanied with the vouchers required by the board of directors, the board shall authorize the reimbursement of the expenses.40.Sections 13 to 16, 19, 21, 26, 28 and 43, adapted as required, apply to the executive committee. 2970 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985.Vol.117.No.33 Part 2 § 4.\u2014 Committees of the board of directors 41.The board of directors may set up committees to study specific questions and require them to report their findings and recommendations to it at the time it indicates.Each committee shall consist of not less than three nor more than seven members.It may consist wholly or in part of members of the board of directors.The chairman of each committee shall be chosen from among the members of the board of directors.42 Any sitting of a committee may be public.43.The secretary of the corporation shall publish a notice of the holding of each public sitting of a committee in a newspaper circulating in the territory of the corporation not later than two days before the meeting is held.The first paragraph of section 26, adapted as required, applies to the sittings of a committee.44.The board of directors may pass a by-law respecting the internal management of a committee.The board may, in the by-law, prescribe, in particular, the length of the question period at a sitting of a committee and the procedure to be followed to put a question at that sitting.The board of directors may also fix, by by-law, the attendance allowance of the members of a committee who are not members of the council.Section 30 applies, adapted as required.§ 5.\u2014Managing director and other officers 45.The board of directors shall appoint a managing director for a term of not over five years.His term may be renewed.46.The board of directors shall determine the remuneration, social benefits and other conditions of employment of the managing director, which shall be assumed by the corporation.47.Unless expressly authorized by the board of directors, the managing director shall discharge the duties of his office on a full-time basis and have no other remunerated employment or occupation. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.I9H5.Vol.117.No.33 2971 48.The office of managing director is incompatible with that of member of the board of directors or of the council of a municipality contemplated in section 2 and with that of officer or employee of any of those municipalities.49.The managing director, under the authority of the board of directors and of the executive committee, is responsible for the current administration of the corporation and has, in particular, the following duties: (1) to direct the work of the assistant managing-directors and hire and direct the work of the other members of the administrative staff, the heads of departments and the employees of the corporation, and exercise in their respect a right of supervision and control; (2) to ensure liaison, on the one hand, between the board of directors, the executive committee and the committees of the board of directors and, on the other hand, between the assistant managing-directors, the other members of the administrative staff, the heads of departments and the employees of the corporation; (3) to see that the decisions of the board of directors and of the executive committee are complied with and carried out; (4) to perform any other function entrusted to him by the board of directors or the executive committee.50.The managing director shall attend the meetings of the board of directors and of the executive committee; at such meetings he has the right to speak but he is not entitled to vote.51.If the managing director is absent or if he is unable or refuses to act, or if a vacancy occurs in the office of the managing director, the board of directors shall appoint a person to perform the duties of the managing director.52.Any vacancy in the office of the managing director shall be filled without delay by the board of directors.53.The board of directors shall appoint the secretary of the corporation and determine his conditions of employment.In no case may the secretary of the corporation be a member of the board of directors of the corporation. 2972 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985.Vol.117.No.33 Part 2 The secretary shall have custody of the books, registers, plans, maps, records and other documents of the corporation or filed or kept by the corporation.Every document of the corporation and every copy certified by the secretary is authentic.He shall attend all the meetings of the board of directors and of the executive committee of the corporation and draw up the minutes of the meetings.He shall perform the other duties that are entrusted to him by the board of directors or the executive committee under this Act or the internal management by-laws.54.The board of directors shall appoint a treasurer and, where necessary, an assistant treasurer and determine his or their conditions of employment.55.Two-thirds of the votes cast at a meeting of the board of directors are required to enable the board to dismiss or suspend without salary the managing director, the secretary, the treasurer or the assistant treasurer of the corporation or the assistant managing-director, if he has been in office for six months or more.The same rule applies in the case of a reduction of salary.In the case of an assistant managing-director, no dismissal, suspension without salary or reduction of salary may be decided except upon the recommendation of the managing director.The decision of the board of directors shall be served or sent by registered or certified mail to the person contemplated in the first paragraph.Every person dismissed or suspended without salary or whose salary has been reduced under this section may appeal from the decision before the Commission municipale du Québec, which, after an inquiry, shall decide in last instance.The appeal must be brought within fifteen days after the decision of the board of directors is served.If the appeal is maintained, the Commission municipale du Québec may also order the corporation to pay the appellant the amount it determines as compensation for expenses incurred by him for the appeal; the order for that purpose shall be homologated by the Provincial Court or the Superior Court, according to their respective jurisdictions, on a motion of the appellant; the appellant may then enforce the judgment against the corporation. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2973 § 6\u2014 Immunity 56.In no case may the members of the board of directors or of the executive committee, the managing director, the secretary, the treasurer or the assistant treasurer of the corporation be sued by reason of official acts done in good faith in the performance of their duties.57.Except on a matter of jurisdiction, none of the extraordinary recourses provided in articles 834 to 850 of the Code of Civil Procedure (R.S.Q., chapter C-25) shall be exercised and no injunction shall be granted against the corporation, the members of the board of directors or of the executive committee, the managing director, the secretary, the treasurer or the assistant treasurer of the corporation acting in their official capacity.The first paragraph does not prevent any municipality situated in the territory of the corporation from exercising any of the recourses contemplated therein from obtaining an injunction against the corporation or any of the persons contemplated therein acting in their official capacity.58.A judge of the Court of Appeal, upon motion, may annul summarily any writ, order or injunction issued or granted contrary to section 57.DIVISION II 1)1'TIES AND POWERS § I.\u2014Board of directors 59.The board of directors shall exercise generally the duties and powers of the corporation except where this Act provides otherwise.60.The corporation shall organize, possess, develop and administer a public transport undertaking in its territory.The corporation may also provide links to points outside its territory.61.The corporation may make a contract with a municipality not included in its territory or an intermunicipal board of transport contemplated in the Act respecting intermunicipal boards of transport in the area of Montréal (R.S.Q., chapter C-60.1) to supply that municipality or board with a public transport service. 2974 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 62.The corporation may make a contract for pupil transportation within the scope of the Education Act (R.S.Q., chapter 1-14), the Act respecting private education (R.S.Q., chapter E-9) or the General and Vocational Colleges Act (R.S.Q., chapter C-29).The corporation is empowered to carry out, outside its territory, a contract entered into with a regional school board, a school board or a school corporation, provided that the territory of the regional school board, school board or school corporation coincides with the territory of the corporation, of a municipality or of an intermunicipal board of transport served by the corporation pursuant to a contract.63.The corporation may provide a special transportation service for handicapped persons who are unable to use its public transport service.The special service may provide links to points outside the territory of the corporation.For that purpose the corporation may (1) directly possess, organize, develop and administer such a service; (2) make, with any public transport undertaking or any non-profit organization, a contract to provide for the operation of the whole or part of the service; (3) make any contract it considers necessary to provide for the operation of the whole or part of such a transportation service by taxi.The corporation may also make, with a municipality from outside its territory, an intermunicipal management board or an intermunicipal board of transport, a contract to provide a special transportation service for handicapped persons in the territory of that municipality or board.64.The corporation may make a contract with a public transit permit holder or a school bus carrier for the supply of certain public transport services.65.The corporation may make an agreement with another public body providing public transport to extend its public transport service to the territory of that public body.66.The corporation may make a contract with the Government to provide for the operation of a railway transportation service for passengers in accordance with conditions established between the Government and a railway company. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2975 67.The corporation may, in view of organizing shared transportation by taxi as contemplated in the Act respecting transportation by taxi (R.S.Q., chapter T-ll.l), make a contract for the supply of certain public transportation services.68.The corporation may provide special or charter trips in its territory and from its territory to an outside point.69.The corporation may operate, inside its territory and from its territory to outside points, any sightseeing service or seasonal transport service.70.Before operating a sightseeing service, the corporation shall submit its tariffs to the Commission des transports du Québec for approval.71.The corporation may operate, outside its territory, any sightseeing service or seasonal transport service for which it has come to hold a permit through the acquisition of a public transport undertaking.72.The corporation may perform any other activity accessory or related to a public transport undertaking and may, in particular, (1) acquire, possess and operate businesses in or on its immovables; (2) lease space in or on its immovables for the businesses it determines; (3) lease advertising space in or on its immovables and vehicles; (4) alienate for valuable consideration, without any permission or special formality, any movable or immovable property the value of which is not over $5 000; (5) alienate for valuable consideration, in accordance with section 73, any movable or immovable property the value of which is over $5 000; (6) perform such work as it considers necessary for the better operation of its services, and build, possess and operate grounds or garages for parking, boarding platforms and bus-stop shelters, and, with the approval of the municipalities concerned, perform works for the widening or straightening of streets and any other works it considers necessary or useful for the efficient operation of its services; 2976 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Pan 2 (7) take the measures it considers appropriate to promote the setting up and operation of public transport services not operated by it and provide support services to the users of such transport services and to those who organize them.73.If the alienation contemplated in subparagraph 5 of section 72 is not made by auction or by a call for public tenders, the corporation shall publish every month in a newspaper circulating in the territory of the corporation, a notice mentioning any property otherwise alienated by the corporation during the preceding month, the person to whom it was alienated and the price of alienation, and it shall send a copy of the notice to the Minister of Transport and to the Minister of Municipal Affairs.74.Notwithstanding subparagraph 5 of section 72, in no case may the corporation alienate, except with the authorization of the Minister of Transport, any property of a value of $25 000 or over and for which it was granted a specific subsidy.Subject to section 73, the corporation shall notify the Minister of Transport of the alienation of any other property for which it was granted a specific subsidy, within fifteen days of the alienation.75.The corporation may entrust any other public body providing public transport with the mandate to acquire equipment for the corporation.The corporation, where it intends to acquire equipment for itself, may accept such a mandate from another public body providing public transport.The Minister of Transport may authorize the corporation to make the joint purchase of equipment without a call for tenders.76.The corporation shall also (1) adopt its budget and any supplementary budget; (2) adopt a master plan for the middle term and the long term; (3) establish, on the recommendation of the executive committee, a tariff of passenger fares according to the classes it determines; (4) establish and maintain or assist in the establishment or maintenance of a relief, retirement or pension fund for the benefit of the assistant managing-directors and other members of the administrative staff, the heads of departments and the employees, and their spouses and dependents and, for that purpose, effect, in their Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2977 respect, payment of the premiums, subject to the Act respecting supplemental pension plans (R.S.Q., chapter R-17); (5) establish its staffing requirements; (6) hire, on the recommendation of the managing director, the assistant managing-directors required for its operation; (7) determine the remuneration policy, social benefits and other conditions of employment applicable to the assistant managing-directors, heads of departments and employees.77.The tariff established in accordance with paragraph 3 of section 76 shall be published by the secretary of the corporation in a newspaper circulating in the territory of the corporation and posted up in the vehicles of the corporation circulating in its territory.The tariff comes into force on the thirtieth day after its publication in the newspaper or on any later date fixed therein.Where, however, the corporation is of opinion that exceptional circumstances justify it, the tariff comes into force on the tenth day after its publication in the newspaper.78.The corporation may, on the recommendation of the executive committee, establish, change or cancel lines, replace a bus line by another means of public transport or change the route of a public transport line and, for any of these purposes, use any public street of its territory that it considers expedient.The secretary of the corporation shall transmit to the municipalities situated in the territory of the corporation a notice of the decision of the corporation rendered pursuant to the first paragraph and cause the notice to be published in a newspaper circulating in the territory of the corporation.79.The decision of the corporation rendered under the first paragraph of section 78 shall take effect fifteen days after the date of publication of the notice contemplated in the second paragraph of the said section or on any later date fixed in the notice or where the corporation is of opinion that it is justified by exceptional circumstances, on the tenth day following the date of publication of the notice.80.The corporation may make by-laws respecting (1) the conduct of persons in or on its immovables and vehicles; 2978 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Pan 2 (2) the tickets, transfers and passes used in respect of a public transport service organized by the corporation; (3) the use of shop windows and show cases by establishments which have leased commercial space from the corporation; (4) the alienation of any article lost and found in or on its immovables or vehicles.The by-laws shall be published by the secretary of the corporation in a newspaper circulated in the territory of the corporation.The by-laws shall come into force fifteen days after their publication in the newspaper or on any later date fixed therein.81.The corporation may cause the studies it considers necessary for the exercise of its powers to be made in respect of its territory or another territory.82.The corporation may acquire, by agreement, within or outside the limits of its territory, any immovable, part of an immovable or real right it may require for the carrying out of its objects.The corporation may also acquire all or part of the immovable or real right contemplated in the first paragraph by expropriation in accordance with the Expropriation Act (R.S.Q., chapter E-24).83.After obtaining the authorizations of the Minister of Transport and of the Minister of Municipal Affairs, the corporation may acquire by agreement all or part of the property or capital stock of any public transport undertaking operating in whole or in part within its territory.The corporation may also acquire all or part of the property or capital stock by expropriation.The expropriation shall be made in the manner provided in the Expropriation Act, adapted as required.However, the notice of expropriation shall not indicate any lot number and the amount of the provisional indemnity must be at least 70% of the offer by the expropriating party.Should the expropriated party refuse to hand over to the expropriating party the share certificates and the expropriated property, the expropriating party may institute proceedings pursuant to article 565 of the Code of Civil Procedure.This section has effect notwithstanding section 38 of the Expropriation Act. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985.Vol.117, No.33 2979 84.Notwithstanding any inconsistent provision of any law, articles of incorporation, by-law or convention, once the corporation acquires the capital stock of a public transport undertaking, the powers of the directors of the undertaking then in office shall cease and the members of the board of directors of the corporation shall become the sole directors of the undertaking, without remuneration, and without personnally being shareholders of the undertaking.85.Every issue of shares or bonds made by a public transport undertaking after the date of the resolution of the corporation ordering the expropriation of the capital stock of the undertaking shall be null and void.86.Notwithstanding any law, convention, trust deed or other provision, none of the provisions of this Act nor the exercise of any of the powers it confers on the corporation, nor any of the acts it authorizes shall have the effect of putting a public transport undertaking in default under the terms of the convention and trust deeds relating to bonds, or of making the payment exigible before maturity, or of enabling the creditors, their representatives or the trustees to exercise the powers and recourses provided for in the event of default of the public transport undertaking as regards such bonds, except where payment of the debt has not been assumed by the corporation.87.In the case of acquisition, by agreement or expropriation, by the corporation of the capital stock of a public transport undertaking, the corporation shall assume the obligations of the undertaking and all hypothecs and guarantees encumbering the property of the undertaking shall be extinguished.The cancellation of the registration of the hypothecs and guarantees shall be effected by the presentation and deposit, for purposes of cancellation, in the registry office of the registration division concerned, of a requisition therefor, signed by the chairman of the board of directors and the secretary of the corporation.The requisition shall (1) attest that the corporation has assumed the obligations of the public transport undertaking at the time of the acquisition, by agreement or expropriation, as the case may be, of its capital stock; (2) designate the immovable property affected by the registration; (3) specify the registration numbers of the hypothecs and guarantees to be cancelled.I 2980 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 The requisition shall make prima facie proof of its contents without having to prove the authority of the signatories.88.In the case of acquisition by agreement or expropriation of the capital stock of a public transport undertaking, all the property, rights and obligations of the undertaking shall devolve upon the corporation.The Government may, by order, whenever the total amount of the price or indemnity payable for the shares has been paid to those entitled thereto or deposited according to law, cancel the articles of incorporation of the public transport undertaking.The cancellation shall take effect from the date fixed in the order.If there then remains any claims or judicial proceedings pending between the undertaking and third persons, the corporation, from the cancellation of the articles of incorporation of the undertaking, shall be in the rights and obligations of the undertaking.Upon the cancellation, the corporation, in all cases pending, shall be substituted for the undertaking, of right, and without proceedings in continuance of suit, and the judgments obtained shall be executory by or against the corporation, as the case may be.§ 2 \u2014Executive committee 89.The executive committee shall, in particular, (1) implement the decisions made by the board of directors; (2) prepare and administer the budget of the corporation; (3) perform the duties and exercise the powers of the corporation provided for in this subdivision; (4) transmit to the board of directors its recommendations concerning the tariff of user*s fare, the lines or the routes of a line of public transport.90.The corporation may award, without special formality, any contract for professional services of whatever amount and any other contract involving an expenditure of less than $50 000.Notwithstanding the foregoing, no insurance contract and no contract for the execution of work or the supply of vehicles, equipment or materials or for the supply of services other than professional services and involving an expenditure of more than $5 000 and less than $50 000 Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2981 may be awarded by the corporation unless a call for tenders has been issued and is made by inviting in writing at least two contractors, two suppliers or two insurers, as the case may be, to tender.For the purposes of the second paragraph, a contract for the supply of vehicles or equipment includes a leasing contract with an option to purchase.91.The corporation may, after a call for public tenders published in a newspaper circulating in its territory, award a contract contemplated in the second and third paragraphs of section 90 that involves an expenditure of not less than $50 000.The time limit for the receipt of tenders shall not be less than eight days.Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases: (1) for a fixed price; (2) at unit prices.92.All tenders contemplated in section 91 shall be opened publicly in the presence of at least two witnesses, on the day and at the time and place mentioned in the call for tenders.The tenderers may be present at the opening of the tenders.The names of the tenderers and their respective prices shall be mentioned aloud at the opening of the tenders.93.The corporation shall not, except with the prior authorization of the Minister of Municipal Affairs who shall obtain the advice of the Minister of Transport, award the contract to any person other than the person who submitted the lowest tender within the prescribed time.If, however, to comply with the conditions governing the granting of a government subsidy, it is necessary that the contract be awarded to a person other than the person who made the lowest tender within the prescribed time, the corporation may, without the authorization of the Minister of Municipal Affairs, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.If there is only one tenderer, the corporation shall not, except with the prior approval of the board of directors, award the contract. 2982 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 94.The chairman of the board of directors or, in his absence, the managing director may, in case of irresistible force of such a nature as to imperil the life or health of the population or seriously damage the equipment of the corporation, order any expenditure and award any contract he considers necessary to remedy the situation.In that case, he is not required to obtain the treasurer's certificate contemplated in section 117.95.In the cases contemplated in section 94, the chairman of the board of directors or, as the case may be, the managing director shall make a substantiated report to the board of directors at the next meeting.DIVISION III FINANCIAL PROVISIONS 96.The fiscal year of the corporation ends on 31 December each year.97.All revenues of the corporation, including subsidies, shall be used to fulfil the obligations of the corporation and to organize, possess, develop and administer its public transport undertaking.98.The payment of the corporation's operating deficits for the fiscal year covered by the budget, including those resulting from payment of interest on and amortization of its loans, shall be charged to the municipalities situated in its territory.99.The deficits contemplated in section 98 shall be apportioned by the corporation among the municipalities situated in its territory in relation to one or more of the following criteria: (1) the number of kilometres covered in the territory of each municipality by the vehicles of the corporation; (2) the number of hours during which each vehicle of the corporation circulated in the territory of each municipality; (3) the population of each municipality; (4) the standardized real estate value of each municipality; (5) any other criteria agreed to by two-thirds of the members of the board of directors at a meeting called especially for that purpose and representing at least four municipalities of the territory of the corporation, and approved by the Minister of Transport. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985, Vol.117.No.33 2983 The corporation is not required to apportion the operating deficits pertaining to various means of public transportation or the operating deficits pertaining to various lines of one means of public transportation, among the same municipalities or according to the same criteria.100.For the purposes of subparagraph 4 of the first paragraph of section 99, the expression \"standardized real estate value\" refers to the aggregate of the following assessments: (1) the standardized taxable assessment of all the immovables; (2) the standardized nontaxable assessment of all the immovables contemplated in the first paragraph of section 255 of the Act respecting municipal taxation (R.S.Q., chapter F-2.1); (3) the standardized nontaxable assessment of the immovables contemplated'in the second, third or fourth paragraph of section 255 of the said Act corresponding to the percentage referred to in the said paragraph; (4) the standardized nontaxable assessment of all farmland and woodlots; (5) any part of the standardized nontaxable assessment of all the immovables contemplated in paragraph 1.1 of section 204 of the said Act in respect of which amounts in lieu of taxes must be paid; that part of the standardized assessment is that corresponding to the proportion represented by the amounts paid for the reference fiscal year in relation to the total amount of the municipal real estate taxes which could have been imposed for that fiscal year in respect of those immovables if they had not been tax-exempt; for the purposes of this paragraph, the reference fiscal year, in respect of an immovable, is the last municipal fiscal year for which the amounts in lieu of taxes in respect of that immovable are paid-up; (6) the standardized nontaxable assessment of all of the immovables contemplated in the first paragraph of section 208 of the said Act; (7) the assessment equivalent to the capitalization, based on the standardized aggregate taxation rate of the municipality for the fiscal year preceding the fiscal year considered, of the revenues of the municipality derived from the application of section 222 of the said Act for the said preceding fiscal year and of its revenues derived from the application of the second paragraph of section 230 of the said Act for the fiscal year considered; for the purposes of this paragraph, the standardized aggregate taxation rate is that which is computed in 2984 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 accordance with the regulation made under paragraph 7 of section 262 of the said Act on the basis of the data provided in the budget of the preceding fiscal year.For the purposes of the first paragraph, the standardized assessment is the product obtained by multiplying the values entered on the assessment roll of a municipality by the factor established for that roll under the Act respecting municipal taxation.101.The number of kilometres covered and the number of hours during which each vehicle of the corporation has travelled in the territory of each municipality may be established by sample.102.Subject to section 112, the sum representing the difference between the revenues and expenditures of the corporation for a fiscal year and certified in the auditor's report contemplated in section 139 shall be entered with the revenues or with the expenditures in the budget of the fiscal year following the report.103.Each year the executive committee shall prepare its budget for the ensuing fiscal year and send it to the secretary of the corporation before 15 October.The executive committee shall indicate, on transmitting its budget, the amount that each municipality in the territory of the corporation is required to pay following the apportionment provided for in section 99.104.Not later than 15 October, the treasurer of the corporation shall establish in a certificate the appropriations he considers necessary, during the next fiscal year, for the payment of interest on the bonds issued or to be issued by the corporation, the repayment or redemption of the bonds and the requirements of the sinking funds of the securities, and for any charge relating to the debt of the corporation.The amounts required in principal, interest and incidental cost in respect of loans made in anticipation of revenue and renewable loans the maturity date of which occurs during the fiscal year covered by the budget, however, are not computed.105.The treasurer shall also include in the certificate an estimate of the appropriations required during the next fiscal year in respect of any payment to be made by the corporation pursuant to the collective agreements then in force or pursuant to legislative or regulatory provisions. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985.Vol.117.No.JJ 2985 106.The amounts contemplated in the treasurer's certificate must be included in the budget of the corporation.The budget must include a separate appropriation of not more than 1.5% of the expenditures as a reserve for unforeseen administrative and operating expenses.107.The treasurer may amend the certificate until 31 December preceding the fiscal year to which it applies, if the appropriations mentioned therein have not been adopted.He shall transmit the amendment to the secretary of the corporation who shall notify the board of directors thereof at the next meeting.108.The budget shall be submitted for adoption to the board of directors not later than 15 November at a special meeting called for that purpose.The board of directors may amend the budget.The meeting shall be adjourned as often as necessary and shall not be closed until the budget is adopted by the board of directors.109.The board of directors is under no obligation to adopt all the appropriations of the budget simultaneously.It may adopt one appropriation separately.110.The board of directors may, before 1 January, adopt provisionally, for a period of three months, one-quarter of an appropriation provided for in the budget.It may adopt, in the same manner, one-quarter of any particular appropriation before each period beginning on 1 April, 1 July and 1 October.The board of directors may thus adopt at one and the same time (1) three-quarters of an appropriation, if it does so before 1 April; (2) two-quarters of an appropriation, if it does so before 1 July.111.If, on 1 January, the budget of the corporation is not adopted, the appropriations mentioned in the treasurer's certificate and included in the budget being studied are deemed to be adopted and come into force on that date.The adoption, after 1 January, of the budget or of any appropriation in accordance with section 110 has effect retroactively to that date.112.The executive committee may prepare, during the fiscal year, a supplementary budget when it considers it necessary.The budget 2986 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 is prepared in accordance with the rules applicable to the annual budget, adapted as required.A copy of the supplementary budget shall be transmitted by the secretary of the corporation to each member of the board of directors fifteen days before being submitted to the board of directors.113.The supplementary budget shall be submitted for adoption to the board of directors at a special meeting called for that purpose.The board of directors may amend the budget.The meeting contemplated in the first paragraph may end although the supplementary budget is not adopted.If the budget is not adopted within the following fifteen days, the appropriations mentioned in the treasurer's certificate and included in the budget are deemed to be adopted and come into force at the expiry of that period.114.The secretary of the corporation shall transmit the budget of the corporation and any supplementary budget to the Minister of Municipal Affairs and to the Minister of Transport within thirty days of their adoption.115.The executive committee may transfer appropriations from one item of the budget to another up to the amount determined by the board of directors.The executive committee shall report the transfer of appropriations to the board of directors at the next regular meeting of the board of directors.116.The funds appropriated by a budget for specified financial engagements in a fiscal year shall remain available in the ensuing fiscal year for the execution of the engagements, whether or not they have begun.117.Any by-law or resolution of the board of directors authorizing an expenditure has effect only if it is accompanied with a certificate of the treasurer indicating that the corporation disposes of appropriations that are sufficient for the intended purposes of the expenditure.Where a convention made pursuant to a by-law or resolution to which the first paragraph applies has effect over more than one fiscal year, a certificate shall be produced in accordance with the first paragraph for the portion of expenditures that will be made during the first year and thereafter at the beginning of each year during which the convention has effect. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2987 118.The corporation shall determine, by by-law, the modalities of payment, by the municipalities situated in its territory, of their aliquot share of the estimated operating deficit to be apportioned for the fiscal year contemplated in the budget.The by-law may prescribe, in particular, for each situation, (1) the time limit for establishing the aliquot share and for transmitting it to the municipalities; (2) the time limit for paying the aliquot share or the dates granted for its payment by instalments; (3) the rate of interest payable on an overdue aliquot share or instalment; (4) the adjustments that may result from the deferred adoption of all or part of the budget or from the successive use of provisional and final data in computing the apportionment base provided for in section 99; (5) the date on which the data used to establish the criteria contemplated in the first paragraph of section 99.The by-law may, instead of fixing the rate of interest on an overdue aliquot share or instalment, prescribe that the rate be fixed by the corporation upon the adoption of its budget.The corporation may require the Commission municipale du Québec to file a petition to have a municipality declared in default under the Act respecting the Commission municipale (R.S.Q, chapter C-35).119.A municipality may, for the purposes of paying its aliquot share of the operating deficits of the corporation, levy a special tax in accordance with section 487 of the Cities and Towns Act (R.S.Q., chapter C-19) or require from any owner or tenant of an immovable in the municipality a compensation pursuant to a tariff it considers appropriate.The compensation levied on owners is assimilated to a real estate tax and the compensation levied on tenants is assimilated to a personal tax.120.The corporation may, by by-law, order loans for any purpose within its competence.In no case may the term of the loans contracted under this section exceed thirty years. 2988 GAZETTE OFFICIELLE DU QUÉBEC, July 24, 1985.Vol.117, No.33 Part 2 The by-law need only mention the total amount in capital of the loan it orders, the purposes for which the proceeds of the loan are intended and the maximum term for which it may be contracted.The by-law requires the approval of the Minister of Municipal Affairs.121.The executive committee may, by resolution, order temporary loans for the payment of current administrative expenses of the corporation and contract them on the conditions and for the term it determines.The executive committee may also contract temporary loans for the payment of expenses incurred under a loan by-law.Every resolution of the executive committee passed pursuant to the first paragraph requires the approval of the Minister of Municipal Affairs.122.The executive committee, with the approval of the board of directors, shall determine, by resolution, (1) the rate of interest on the loan or bonds or the manner of establishing that rate; (2) the period when the loan is made; (3) the content of the bonds and contracts; (4) the condition of issue of the bonds.Every resolution passed by the executive committee in accordance with the first paragraph requires the approval of the Minister of Municipal Affairs.The executive committee may also, in the same manner, designate a place outside Québec where a register is kept for the registration of bonds and designate a person authorized to keep the register.123.Sections 7 and 8 and Divisions V to X and XII of the Act respecting municipal and school debts and loans (R.S.Q., chapter D-7), adapted as required, apply to the corporation.124.The bonds, notes and other securities issued by the corporation shall be authorized investments as if they were mentioned in paragraph a of the first paragraph of article 981o of the Civil Code of Lower Canada. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2989 123.The municipalities situated in the territory of the corporation shall be jointly and severally liable toward the holders of bonds, notes and other securities issued by the corporation for the repayment of such bonds, notes and other securities, in principal, interest and other incidental cost, and for all other obligations contracted by the corporation.126.The bonds, coupons, notes and other securities issued by the corporation shall be signed by the chairman of the executive committee and the treasurer of the corporation or, if the latter is absent or unable to act, by any person designated for that purpose by the executive committee to replace him.The signature of the chairman of the executive committee or of the treasurer of the corporation affixed on any bond, coupon, note or other securities of the corporation not issued or delivered before these persons cease to act is nevertheless valid and binds the corporation.127.The cheques or orders of payment issued by the corporation shall be signed by the treasurer and by one or more persons appointed by the board of directors.128.The facsimile of the signature of the chairman of the executive committee of the corporation may be engraved, lithographed or printed on the documents contemplated in section 126, and that of the treasurer and of the person or persons contemplated in section 127 may be engraved, lithographed or printed on the documents contemplated in section 127.The facsimile has the same effect as if the signature itself had been affixed to the documents.DIVISION IV PROGRAM OF CAPITAL EXPENDITURES 129.Each year, the corporation shall adopt, by resolution, a program of capital expenditures for the next three fiscal years.130.The program shall be divided into annual phases.It shall describe, for the period coincident therewith, the object, the cost and the mode of financing of the capital expenditures or expenses that the corporation plans to make or to incur, and for which the financing period exceeds twelve months. 2990 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985.Vol.117.No.33 Part 2 The program shall also mention the capital expenditures that the corporation plans to make beyond the period contemplated in it if they result from commitments made during that period.131.The program shall be transmitted to the Minister of Municipal Affairs and to the Minister of Transport not later than 30 September preceding the beginning of the first fiscal year contemplated in the program.On sufficient proof that the corporation is in fact unable to transmit its program within the prescribed time, the Minister of Municipal Affairs may grant to it any additional time fixed by him.The Government shall approve the program on the recommendation of the Minister of Municipal Affairs and the Minister of Transport.The approval may be total or partial.The Minister of Municipal Affairs may, by order, require that the program be transmitted by means of the form provided by him for that purpose.The Minister may also require the board of directors to furnish him with any information on the program that is not provided for in section 130.132.No loan and no financial commitment made in view of the financing of capital expenditures may validly be ordered except in accordance with the program of capital expenditures in force.The corporation may, however, amend the program in accordance with this division.The amendment shall be transmitted within thirty days of its adoption.To the extent that they are consistent with the first and second paragraphs, the provisions of the procedure preceding the adoption of the budget of the corporation also apply, adapted as required, to the procedure preceding the adoption of the program of capital expenditures of the corporation.DIVISION V AUDIT AND REPORT 133.During the period extending from 1 December to 15 April, the corporation shall appoint an auditor for the fiscal year beginning during that period.If no appointment has been made on 15 April, the auditor appointed for the preceding fiscal year shall remain in office. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985, Vol.117.No.33 2991 134.Where a vacancy occurs in the office of auditor before the expiry of his term, the corporation shall fill the vacancy at the next meeting of the board of directors.135.The corporation shall inform the Minister of Municipal Affairs of the name of the auditor appointed for the current fiscal year, as soon as it is known.136.In no case may the following persons act as an auditor for the corporation: (1) a member of the board of directors or his associate; (2) the managing director, an assistant managing-director, another member of the administrative staff, the head of a department or an employee of the corporation, or his associate; (3) a person who, during the fiscal year for which the audit is carried out, has directly or indirectly, personnally or through his associate, any interest in a contract with the corporation, receives a commission pursuant to the contract or derives any benefit from the contract, unless his connection with the contract arises from the practice of his profession.137.The Minister of Municipal Affairs may, if he considers it necessary, appoint an auditor other than the auditor appointed under section 133 or 134 and require a report from him.138.The auditor shall, during the fiscal year for which he is appointed, audit the financial statements and any other document the Minister of Municipal Affairs determines by regulation published in the Gazette officielle du Québec.Every regulation under the first paragraph comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec or on any later date fixed therein.139.The auditor shall send his report to the treasurer of the corporation not later than 31 March following the expiry of the fiscal year for which he was appointed or for which he remained in office.The auditor shall state in his report, in particular, whether the financial statements of the corporation faithfully represent the financial position of the corporation on 31 December and indicate the results of the operations of the corporation for the fiscal year ending on that date. 2992 GAZETTE OFFICIELLE DU QUÉBEC, July 24, 1985.Vol.117.No.33 Part 2 140.The corporation may require any other audit it considers necessary and require a report from the auditor.141.At the end of the fiscal year, the treasurer of the corporation shall draw up the financial report for the past fiscal year and shall certify it.The report shall include the financial statements of the corporation and any other information required by the Minister of Municipal Affairs.The report shall be drawn up on the form furnished by the Minister of Municipal Affairs, where such is the case.142.The financial report shall be filed at a meeting of the board of directors, at the same time as the auditor's report.The secretary of the corporation shall send the reports to the Minister of Municipal Affairs not later than 1 May.143.The corporation shall, not later than 1 May each year, transmit to the Minister of Transport a certified copy of the report produced by the auditor for the preceding fiscal year, accompanied with a report of the activities of the corporation during that fiscal year.The corporation shall transmit to the Minister of Transport any other information required by him.144.The Minister of Transport may designate a person to examine the use of subsidies paid to the corporation and the nature of the expenses related to the subsidies.DIVISION VI PENAL PROVISIONS 145.Except with the authorization of the executive committee, no person shall in any manner use the name of the \"Société de transport de la rive sud de Montréal\" or of any of its departments, or its emblem, acronym or graphic symbol.146.Every person who contravenes section 145 is guilty of an offence and liable for each offence, in addition to costs, to a fine of not more than $500.147.The corporation may, in the by-laws contemplated in paragraphs 1,2 and 3 of section 80, define contraventions and prescribe, for each offence, in addition to costs, a fine of not more than $500.I Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 2993 In the case of a subsequent offence within two years of the conviction, the fine is not less than $200 nor more than $1 000.148.Proceedings for an offence contemplated in section 145 or for an offence against a by-law are instituted by the corporation or by a person generally or specially authorized in writing for that purpose by the corporation.149.Proceedings for an offence contemplated in section 145 or for an offence against a by-law are instituted before the Municipal Court having jurisdiction in the territory of the corporation, or, where the offence has been committed outside its territory, before the Municipal Court having jurisdiction in the territory where the offence was committed.The fines contemplated in sections 146 and 147 belong to the corporation and the costs belong to the municipality under the jurisdiction of the Municipal Court that has heard the case.150.Proceedings for an offence contemplated in section 146 or for an offence against a by-law are governed by the Summary Convictions Act (R.S.Q., chapter P-15).DIVISION VII GENERAL PROVISIONS 151.The corporation has sufficient interest to appear before a judicial, quasi-judicial or administrative court to make or have made any representations it considers necessary respecting any application for a permit made by a carrier of passengers and covering all or part of that territory of the corporation or the territory of the municipalities served by it, respecting routes, stops or any other condition which may affect the permit.Notice of the hearing of such application for a permit shall be sent to the corporation.152.Any period of time granted to the corporation by this Act to perform an act or to make a decision may be extended by the Minister of Transport, at the request of the corporation.153.If the corporation fails to perform an act or to make a decision within the time prescribed under this Act, the Government may perform the act or make the decision. 2994 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Pan 2 Every act performed or every decision made by the Government is binding on the corporation as if the act had been performed or the decision had been made by the corporation.No act performed and no decision made by the Government may be cancelled, repealed or changed by the corporation except with the approval of the Government.Subject to section 152, the corporation may perform an act or make a decision even after the time prescribed under this Act has expired, provided that it does so before an act is performed or a decision is made by the Government.154.The corporation is exempt from responsibility towards owners of articles lost on its property or in its vehicles.155.The corporation is not subject to the jurisdiction of the Commission des transports du Québec otherwise than under a provision of this Act.The Commission des transports du Québec has no jurisdiction in respect of transportation supplied for the corporation pursuant to a contract contemplated in subparagraphs 2 and 3 of the second paragraph of section 63 and in sections 64 and 67.DIVISION VIII TRANSITIONAL AND FINAL PROVISIONS 156.The Act to incorporate the Montréal South Shore Transit Commission (1971, chapter 98).amended by chapter 55 of the statutes of 1972, chapters 39 and 91 of the statutes of 1973, chapters 7 and 104 of the statutes of 1978.chapter 72 of the statutes of 1979.chapters 8 and 26 of the statutes of 1981, chapters 2 and 63 of the statutes of 1982, chapters 45, 46 and 57 of the statutes of 1983 and chapters 38.39 and 47 of the statutes of 1984, is replaced by this Act.157.The Société de transport de la rive sud de Montréal incorporated under this Act shall replace the Montréal South Shore Transit Commission incorporated under the Act to incorporate the Montréal South Shore Transit Commission and.for such purposes, it shall acquire every right and assume every obligation thereof.The municipalities that were served by the Montréal South Shore Transit Commission through a subsidiary dissolved in accordance with section 75 of the Act respecting intermunicipal boards of transport in Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 29.the area of Montréal shall continue to guarantee, by way of their general fund, the payment, in capital and interest, of the bonds issued by the Commission upon contracting loans on behalf of its subsidiary.158.Every decision, by-law, resolution, contract, agreement or convention made or entered into pursuant to the Act to incorporate the Montréal South Shore Transit Commission remains in force until it is amended, repealed or replaced by a decision, by-law, resolution, contract, agreement or convention made or entered into pursuant to this Act.159.In any Act, regulation, by-law, order, order in council, proclamation, contract or document, the designation \"Montréal South Shore Transit Commission\" and the word \"Commission\" where it refers to such commission are replaced by \"Société de transport de la rive sud de Montréal\" or \"corporation\", unless otherwise required by the context.160.The Société de transport de la rive sud de Montréal is authorized to use all documents or means of identification already prepared in the name of the Montréal South Shore Transit Commission, until it replaces them by documents or means of identification prepared in its name.161.The Société de transport de la rive sud de Montréal is deemed to be a transit commission for the purposes of sections 1, 18 and 89 of the Act respecting intermunicipal boards of transport in the area of Montréal, paragraph g of section 1 of the Act respecting municipal and intermuricipal transit corporations (R.S.Q., chapter C-70), paragraph 5 of section 204 of the Act respecting municipal taxation (R.S.Q., chapter F-2.1) and subparagraph b of paragraph 2 of section 41 of the Securities Act (R.S.Q., chapter V-l.l).162.The members of the Council contemplated in section 3 of the Act to incorporate the Montréal South Shore Transit Commission in office on 19 June 1985 become without any other formality the members of the board of directors of the corporation.163.Subject to section 166, the commissioners of the Commission contemplated in section 23 of the Act to incorporate the Montréal South Shore Transit Commission, including the chairman and general manager, in office on 19 June 1985 become without any other formality the members of the executive committee, of the corporation until the board of directors of the corporation forms a new executive committee. 2996 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Pan 2 164.The person holding the office of secretary of the Council and of secretary of the Commission and the treasurer of the Commission in office on 19 June 1985 become without any other formality the secretary and the treasurer of the Société de transport de la rive sud de Montréal.165.The assistant managing-directors, the other members of the administrative staff, the heads of departments and the employees of the Montréal South Shore Transit Commission in office on 19 June 1985 become without any other formality the assistant managing-directors, the other members of the administrative staff, the heads of departments and the employees of the Société de transport de la rive sud de Montréal.166.The chairman and general manager of the Montréal South Shore Transit Commission in office on 19 June 1985 shall remain in office, on the same conditions, until 4 July 1987, as president and managing director.Notwithstanding any inconsistent provision of this Act, from 4 July 1987, the board of directors may appoint the chairman and general manager, under the same conditions, as president and managing director for a period of not over five years.From the coming into force of section 31 and of this section, and notwithstanding section 31, so long as the chairman and general manager is acting as president and managing director, he shall be the chairman of the executive committee which shall in that case be composed of six members.167.Section 61 of the Act to incorporate the Montréal South Shore Transit Commission continues to apply, as if it had not been replaced, in respect of the operating deficit of the corporation to be apportioned for the fiscal year 1985.The municipalities which, following the application of the first paragraph and of section 99, are required to pay two aliquot shares in 1986 may order a loan by-law to spread over a period of not over ten years the payment of either of the two aliquot shares.The loan by-law contemplated in the preceding paragraph requires only the approval of the Minister of Municipal Affairs and comes into force in accordance with the Act governing the municipality.168.For the purposes of section 5 and paragraph 3 of the first paragraph of section 99, the population of a municipality shall be that Part 2 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985.Vol.117.No.33 2997 shown in the last census made for the whole of Québec or the municipality concerned in accordance with section 7 of the Cities and Towns Act (R.S.Q., chapter C-19).169.Section 62 of this Act shall, from 1 July 1986, read as follows: ' '62.The corporation may make a contract for pupil transportation within the scope of the Act respecting public elementary and secondary education (R.S.Q., chapter E-8.1), the Act respecting private education (R.S.Q., chapter E-9) or the General and Vocational Colleges Act (R.S.Q., chapter C-29).The corporation is empowered to carry out, outside its territory, a contract entered into with a school board provided that the territory of the school board coincides with the territory of the corporation or of an intermunicipal board of transport served by the corporation pursuant to a contract.\" 170.Section 117 of this Act has effect from 1 January 1987.171.Section 623 of the Act respecting public elementary and secondary education (1984, chapter 39) is repealed.172.The Minister of Transport is responsible for the application of sections 1 to 92, 94, 95, 143 to 166, 169 and 171 and the Minister of Municipal Affairs is responsible for the application of sections 93, 96 to 142, 167 and 168.173.This Act shall operate notwithstanding the provisions of sections 2 and 7 to 15 of the Constitution Act, 1982 (Schedule B to the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom).174.This Act comes into force on 20 June 1985. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985, Vol.117, No.33 2999 NATIONAL ASSEMBLY FIFTH SESSION THIRTY SECOND LEGISLATURE Bill 52 (1985.Chapter 33) An Act to amend the Act respecting the Centre de recherche industrielle du Québec Introduced 9 May 1985 Passage in principle 6 June 1985 Passage 19 June 1985 Assented to 20 June 1985 Québec Official Publisher 1985 3000 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 EXPLANATORY NOTE The object of this bill is to renew the five-year plan of the CRIQ before the end of the current five-year plan.The development of the activities of the Centre, the changes in its economic environment and its major expansion in Montréal justify the redetermining of the amounts of governmental assistance to be granted to it for the next five years and of the terms and conditions on which this assistance will be paid. Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 3001 Bill 52 An Act to amend the Act respecting the Centre de recherche industrielle du Québec THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS: 1.Section 25 of the Act respecting the Centre de recherche industrielle du Québec (R.S.Q., chapter C-8) is replaced by the following sections: \"25.The Minister of Finance shall pay a sum not in excess of $105 000 000 to the Centre out of the consolidated revenue fund during the period from 1 April 1985 to 31 March 1990.The sum shall be paid to the Centre in several payments in the amounts and on the conditions determined by the Government.The total amount of annual payments for any one fiscal year concerned shall not be less than $17 500 000.The mode of any future indexing of the minimum amount of annual payments provided for, payments related to the debt service of the Centre and all other requests for additional funds, until the sum of $105 000 000 is exhausted, shall be determined by the Government.This section has effect from 1 April 1985.\"25.1 The Government, on the conditions it determines, may guarantee the payment in capital and interest of any borrowing by the Centre as well as the performance of any other obligation thereof.The sums which the Government may be required to pay to the Centre pursuant to such guarantees are taken out of the consolidated revenue fund.\" 3002 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 2.This Act shall operate notwithstanding the provisions of sections 2 and 7 to 15 of the Constitution Act, 1982 (Schedule B of the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom).3.This Act comes into force on 20 June 1985. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24, 1985.Vol.117.No.33 3003 NATIONAL ASSEMBLY FIFTH SESSION THIRTY-SECOND LEGISLATURE Bill 53 (1985, Chapter 34) Building Act Introduced 15 May 1985 Passage in principle 13 June 1985 Passage 20 June 1985 Assented to 20 June 1985 Québec Official Publisher 1985 3004 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 EXPLANATORY NOTES The purpose of this Bill is to ensure the proper quality of building work and the safety of persotis who have access to buildings.It is also intended to provide better protection to consumers who acquire buildings or cause building work to be carried out.The Bill brings together and standardizes the many laws that now provide for the drawing up of building and safety standards.It reduces government control over building and sets up procedures intended to enable persons working in the construction industry to accept greater responsibility.The Bill preserves a qualification system for building contractors.Is also provides for setting up guaranty plans to compensate consumers where a contractor does not fulfil his contractual obligations.As a matter of administration, the Bill gathers up the duties performed by various agencies or departments and entrusts them to the Commission du bâtiment du Québec.It provides for greater participation by contractors and their associations and trade and professional corporations, and by the municipalities in applying the law.It amends the Consumer Protection Act and the Real Estate Brokerage Act with a view to regulating practices in real estate transactions.ACTS AMENDED BY THIS BILL: (1) the Act to promote housing construction (R.S.Q., chapter C-64.01); (2) the Real Estate Brokerage Act (R.S.Q., chapter C-73); (3) the Master Electricians Act (R.S.Q.chapter M-3); (4) the Master Pipe-Mechanics Act (R.S.Q., chapter M-4); (5) the Act respecting the Ministère de l'Énergie et des Ressources (R.S.Q., chapter M-15.1); Pan 2 GAZETTE OFFICIELLE DU QUÉBEC, July 24, 1985, Vol.117, No.33 3005 (6) the Act respecting the Ministère de l'Habitation et de la Protection du consommateur (R.S.Q., chapter M-15.3); (7) the Summary Convictions Act (R.S.Q., chapter P-15); (8) the Fire Prevention Act (R.S.Q., chapter P-23); (9) the Act respecting probation and houses of detention (R.S.Q., chapter P-26); (10) the Consumer Protection Act (R.S.Q., chapter P-40.1); (11) the Act respecting the Régie de l'électricité et du gaz (R.S.Q., chapter R-6); (12) the Act respecting the Régie du logement (R.S.Q., chapter R-8.1); (13) the Act respecting labour relations in the construction industry (R.S.Q., chapter R-20); (14) the Public Buildings Safety Act (R.S.Q., chapter S-3); (15) the Act respecting safety in sports (R.S.Q., chapter S-3.1).ACTS REPEALED BY THIS BILL: (1) the Act respecting pressure vessels (R.S.Q., chapter A-20.01); (2) the Gas Distribution Act (R.S.Q., chapter D-10); (3) the Act respecting the conservation of energy in buildings (R.S.Q., chapter E-l.l); - (4) the Act respecting piping installations (R.S.Q., chapter 1-12.1); (5) the Act respecting electrical installations (R.S.Q., chapter 1-13.01); (6) the Stationary Enginemen Act (R.S.Q., chapter M-6); (7) the Act respecting building contractors vocational qualifications (R.S.Q., chapter Q-l); (8) the Act respecting municipal regulation of public buildings (R.S.Q., chapter R-18); Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 3007 Bill 53 Building Act THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS: CHAPTER I APPLICATION AND INTERPRETATION DIVISION I APPLICATION 1.The purposes of this Act are: (1) to ensure proper quality of the construction work of buildings, and in certain cases, facilities intended for use by the public or installations independent of a building; and, (2) to ensure the safety of the public who have access to a building or facilities intended for use by the public or who use installations independent of a building.2.This Act applies: (1) to any building used or intended to be used to shelter or receive persons, animals or goods, inclusive of any materials, installations or equipment of such building; (2) to facilities intended for use by the public; (3) to the following installations independent of a building: 3008 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 (a) electrical installations; (b) installations intended to use gas; and (c) pressure vessels.3.This Act, except Chapter IV, does not apply to mines governed by the Mining Act (R.S.Q., chapter M-13).Notwithstanding the first paragraph, it applies to any pressure vessel located therein.4.The Government may, by regulation, withdraw from the application, in whole or in part, of this Act all or part of the territory of Québec described in the Agreement referred to in section 1 of the Act approving the Agreement concerning James Bay and Northern Québec (R.S.Q., chapter C-67) and the Agreement referred to in section 1 of the Act approving the Northeastern Québec Agreement (R.S.Q., chapter C-67.1) except the territory of municipalities situated south of the 50th parallel.5.This Act shall bind the Government and its departments and agencies.6.Nothing in this Act affects the rights and prerogatives of members of the Corporation professionnelle des technologues des sciences appliquées du Québec or prevents the work of those technologists, according to the training provided to them by an institute of technology governed by the Specialized Schools Act (R.S.Q., chapter E-10) or by a college governed by the General and Vocational Colleges Act (R.S.Q., chapter C-29).DIVISION II INTERPRETATION 7.In this Act, unless the context indicates otherwise: \"owner-builder\" means any person who, for his own account, carries out or has carried out building work (constructeur-propriétaire); \"contractor\" means any person who, for another person, carries out or has carried out building work or draws up or submits tender bids, either directly or indirectly, with the purpose of carrying out or having carried out such work for profit (entrepreneur); Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 3009 \"gas\" means natural gas, inflammable manufactured gas, any type or blend of such gases, liquid petroleum gas or any blend of such gas and air (gaz); \"pressure vessel\" means any receptacle intended to contain a gas whether inflammable or not, or any pressurized liquid, a boiler and any equipment necessary to their operation (installation sous pression).8.Any person shall be deemed to be a contractor who: (1) offers for sale or exchange a building or a civil engineering structure, unless he is able to demonstrate that the construction work of such building or structure was not carried out for the purpose of sale or exchange; or (2) undertakes new building work less than one year after the completion of earlier work.9.For the purposes of this Act, foundation, erection, renovation, repair, maintenance, alteration and demolition work shall be deemed to be building work.10.Any pool, hall, stand, mechanical lift, elevator, escalator, belvedere, tent, inflatable structure or other facility so designated by regulation of the Government shall be deemed to be a facility intended for use by the public.11.This Act does not limit any obligations otherwise imposed on a person contemplated in this Act.CHAPTER II BUILDING WORK DIVISION I APPLICATION 12.This Chapter applies to any building work relating to a building, facilities intended for use by the public or installations independent of a building. 3010 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985.Vol.117.No.33 Part 2 DIVISION II BUILDING CODE 13.The Government shall adopt a Building Code to ensure building work that provides satisfactory quality and safety for the public.14.Every contractor shall comply with the Building Code in respect of building work under his responsibility.15.Every owner-builder carrying out building work himself shall comply with the Building Code.16.Any contractor contracting with a person other than a contractor or selling or exchanging a building that he has built or has caused to be built shall, no later than 90 days after the completion of the building work or the sale or exchange, forward to the other contracting party or to the purchaser a certificate of the work's conformity with the standards of safety, strength, hygiene, energy saving and access for handicapped persons contained in the Building Code.Notwithstanding the first paragraph, a contractor need certify only the conformity of work with the plans and specifications of an architect or an engineer where work has been carried out on the basis of plans and specifications.17.Every subcontractor shall, no later than 60 days after the completion of such work, forward a certificate of conformity with the standards of safety, strength, hygiene, energy saving and access for handicapped persons contained in the Building Code in respect of building work to any contractor requesting it from him.Notwithstanding the first paragraph, a subcontractor need certify only the conformity of work with the plans and specifications of an architect or an engineer where work has been carried out on the basis of plans and specifications.18.Every architect or engineer who prepares plans and specifications for building work shall comply with the Building Code.They shall certify on such plans and specifications, prior to their use, that they are in conformity with the Code.19.Every manufacturer of a prefabricated building, other than a mobile home governed by the Consumer Protection Act (R.S.Q., chapter P-40.1), shall ensure that such building is in conformity with the Building Code. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985, Vol.117.No.33 3011 He shall, no later than 60 days after the delivery of the building, forward to the person, other than a contractor, who purchases the building, a certificate of the building work's conformity with the standards of safety, strength, hygiene, energy saving and access for handicapped persons contained in the Building Code.Where the purchaser of the building is a contractor, the certificate shall be forwarded at the request of the contractor.20.Any person supplying a certificate of conformity under section 16, 18 or 19 shall keep a copy thereof until the expiry of five years from its date.He shall, upon request of the Commission du bâtiment du Québec or of a subsequent purchaser, forward to them a copy of the certificate.21.Every contractor or manufacturer of a prefabricated building shall, where so prescribed by regulation of the Commission, draw up and implement a quality control program in respect of building work for the purpose of ensuring conformity thereof with the Building Code.22.Every owner-builder shall, where so prescribed by regulation of the Commission, draw up and implement a quality control program in respect of building work for the purpose of ensuring conformity thereof with the Building Code, unless such work has been carried out by a licensed contractor.This section does not apply to single-family dwelling building work.23.Every contractor or owner-builder shall, where so prescribed by regulation of the Commission, apprise the latter of all of his completed, current or projected building work.DIVISION III ELECTRICITY OR GAS UNDERTAKINGS 24.An electricity or piped gas undertaking may not connect an electrical or gas installation to its system unless the building work for the installation has been carried out by a licensed contractor or owner-builder.25.No gas undertaking may supply any new gas installation unless the building work for the installation has been carried out by a licensed contractor or owner-builder. 3012 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 26.An electricity or piped gas undertaking shall refuse to connect an electrical or gas installation if the Commission advises it that its authorization is required.27.A gas undertaking shall refuse to supply any new gas installation if the Commission advises it that its authorization is required.28.A piped gas undertaking shall, where so prescribed by regulation of the Commission, draw up and implement a quality control program in respect of building work carried out by a contractor on an installation intended to use gas.The program requires approval by the Commission.CHAPTER III PUBLIC SAFETY DIVISION I APPLICATION 29.This chapter does not apply to the following buildings: (1) a single-family dwelling; (2) an entirely residential building having fewer than three floors or fewer than nine dwellings; (3) a building of a class excluded by government regulation by reason of its use or its area.This chapter applies to an electrical installation, a plumbing installation or an installation intended to use gas located in a building excluded by the first paragraph.30.For the purposes of this chapter, the following are considered owners: (1) the manager, for his own account or on behalf of another person, of a building or of facilities intended for use by the public; (2) the occupant of a non-residential building in respect of: (a) an installation or a facility owned by him; (b) the obligations prescribed by the Safety Code regarding the use of such building. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985.Vol.117.No.33 3013 DIVISION II SAFETY CODE 31.The Government shall adopt a Safety Code for the purpose of ensuring the safety of any person having access to a building or a facility intended for use by the public or using an installation independent of a building.32.The owner of a building, of facilities intended for use by the public or of an installation independent of a building shall comply with the Safety Code.33.The owner of a building shall, upon request by the Commission, provide the Commission with a certificate of the strength of the building or a certificate of the safety of an installation or of facilities in the building made by a person recognized by the Commission.34.The owner of a facility intended for use by the public or of an installation independent of a building shall, upon request by the Commission, provide the Commission with a certificate of the safety of such equipment or such installation made by a person recognized by the Commission.35.The owner of a building, of a facility intended for use by the public or of an installation independent of a building shall, where the Commission by regulation so prescribes: (1) draw up a control program designed to ensure that his building, facility or installation is in accordance with the Safety Code; (2) have a person recognized by the Commission attest that it is in accordance with the Code; (3) inform the Commission of any accident or fire occurring there.36.The owner of a building may not change its use or intended purpose without bringing it into accordance with the Building Code.This section does not apply where the building becomes a building excluded under the first paragraph of section 29 by reason of a change in its use or intended purpose. 3014 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985, Vol.117.No.33 Pan 2 DIVISION III SPECIAL 37.A pressure vessel requires approval by the Commission following the procedures and subject to the conditions prescribed by Government regulation before being marketed.The putting into service of such vessel similarly requires approval by the Commission where it has not been operated for more than one year or where it is used for purposes other than those for which it was originally intended.38.A gas distribution undertaking shall refuse to supply a gas installation that is defective or that it knows involves a risk of accident.39.A gas distribution undertaking shall ensure that the installations or vehicles used for storage or distribution of gas are in accordance with the safety standards prescribed by Government regulation.40.An electricity distribution undertaking shall ensure that the electricity generating or transmission installations are in accordance with the safety standards prescribed by Government regulation.This section does not apply to a municipality, Hydro-Québec, a cooperative constituted under the Rural Electrification Act (1945, chapter 48) or to the owner of a water level control work.CHAPTER IV QUALIFICATIONS DIVISION I APPLICATION AND INTERPRETATION 41.This Chapter applies to a contractor or an owner-builder for building work on a building or a civil engineering structure at the place of construction and on site, including preliminary ground preparation work.42.This Chapter does not apply to a contractor or owner-builder who performs: (1) building work done on a farm property usually operated by the farmer himself or by fewer than three permanent employees; Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 3015 (2) maintenance or repair work carried out by the employees who usually do it or who work on production in a business and are hired directly by an employer other than a contractor; (3) water main or sewer construction work, sidewalk construction, paving work and other similar work carried out by the employees of a local municipality, a regional county municipality or a regional or urban community; (4) building work directly related to mining exploration or operation and carried out by the employees of a mining business; (5) building work directly related to forest development and carried out by the employees of a forestry undertaking; (6) power transmission line building work carried out by the employees of an electricity distribution undertaking.A contractor or an owner-builder carrying out building work on an installation intended to use or distribute gas, or on an electrical installation, except that covered by subparagraphs 4 and 6, is subject to this chapter.43.This chapter does not apply to a person who is required to be a member of a corporation created by the Master Electricians Act (R.S.Q.chapter M-3) or by the Master Pipe-Mechanics Act (R.S.Q., chapter M-4).44.For the application of this chapter, the following have the same effect as bankruptcy: (1) the making by a court of competent jurisdiction of a winding-up order by reason of insolvency within the meaning of the Winding-up Act (R.S.C., 1970, chapter W-10); (2) the cessation of business by a contractor for the reason that he is an insolvent within the meaning of the Bankruptcy Act (R.S.C., 1970, chapter B-3).45.A member of a partnership or, in the case of a corporation, a director, officer or shareholder holding 20% or more of the voting shares shall be deemed to be an officer for the purposes of this chapter. 3016 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985.Vol.117.No.33 Part 2 DIVISION II LICENCES § 1.\u2014General 46.No person may act as a building contractor, hold himself out to be such or give cause to believe that he is a building contractor, unless he holds a current licence for that purpose.47.No public body, within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (R.S.Q., chapter A-2.1) may hold a contractor's licence.This section does not apply to the Société immobilière du Québec.48.No person may act as an owner-builder, or give cause to believe that he is an owner-builder, unless he holds a licence in force for that purpose.49.An owner-builder's licence is not required: (1) for a person who has building work carried out by a licensed contractor whose main activity is the organization or coordination of building work to be carried out by other persons; (2) for a natural person carrying out or causing to be carried out building work on a single-family dwelling, or a civil engineering structure intended for his personal use or the use of his family, except building work on an installation intended to use gas or on an electrical installation.50.A person not being a contractor who has entered into a contract for building work with a contractor not holding the proper licence may apply for cancellation of the contract.The owner of an immovable against which a privilege has been registered by a contractor not holding the proper licence may apply for cancellation of the privilege.§ 2.\u2014Application for a licence 51.A person who wishes to obtain a licence or its renewal or amendment shall send an application to the Commission.52.The licence for a partnership or a corporation shall be requested on its behalf by a natural person being one of its officers and meeting the conditions in paragraphs 1, 3, 5, 8 and 9 of section 58. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985.Vol.117, No.33 301 53.A partnership or a corporation applying for a licence shall inform the Commission of its legal structure and the names and addresses of its officers.54.Subject to any regulation made by the Commission under paragraphs 13 and 14 of section 185, no natural person may apply for more than one licence on behalf of a partnership or a corporation, or apply for such licence while holding a licence.§ 3.\u2014Issue of a licence 55.The Commission shall issue a licence where the conditions prescribed by this Act and the regulations have been met.56.The Commission shall retain the ownership of the licence.The holder of a licence may not transfer it.57.A licence shall be issued upon payment of such fees as the Commission may by regulation prescribe, and for a term of two years.The Commission may issue a licence for a shorter term if it finds it necessary.Licences may be renewed upon application on such conditions as the Commission may by regulation prescribe.58.A licence shall be issued to a natural person who meets the following conditions: (1) he shows that, following examinations prescribed by by-law of the Commission or by any other means the Commission considers fitting, he has the knowledge or relevant experience in managing a building undertaking and in carrying out building work; (2) he demonstrates his solvency; (3) he is of full age; (4) he is not a person lending his name to another person; (5) he has been discharged if he has been declared bankrupt; (6) he has joined a guaranty plan in accordance with sections 77 and 78; (7) he has furnished the security required under section 86; 3018 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 (8) he has not, in the five years preceding the application, been found guilty of, and has not pleaded guilty to, an indictable offence triable only on indictment and connected with the business that the person intends to carry on in the building trade; (9) he possesses such other qualifications, meets such other conditions and furnishes such particulars as the Commission may by regulation require.59.The Commission may refuse to issue a licence to a natural person who was an officer of a partnership or of a corporation in the 12 months preceding the bankruptcy of the partnership or corporation where the bankruptcy occurred- less than three years before the date of the application.It may also refuse to issue a licence where the natural person was an officer of a partnership or a corporation whose licence is suspended, has been cancelled or not renewed, under section 70, within less than three years or where the natural person held a licence so cancelled or not renewed.This section applies to a natural person applying for a licence on behalf of a partnership or corporation.60.A licence shall be issued to a partnership or a corporation meeting the following conditions: (1) it demonstrates its solvency; (2) it has a place of business in Québec; (3) none of its officers lends his name to another person; (4) it has joined a guaranty plan in accordance with sections 77 and 78; (5) it has furnished the security required under section 86; (6) neither it nor any of its officers has been convicted of or has pleaded guilty to an indictable offence triable only on indictment and connected with the business that the person intends to carry on in the building trade; (7) it has such other qualifications, meets such other conditions and has furnished such particulars as the Commission may by regulation require. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 3019 61.The Commission may refuse to issue a licence to a partnership or a corporation where any of its officers: (1) was an officer of a partnership or a corporation in the 12 months preceding any bankruptcy of the partnership or corporation within less than three years; (2) was an officer of a partnership or a corporation which, in the five years preceding the application, was convicted of or pleaded guilty to an indictable offence triable only on indictment and connected with the business that the person intends to carry on in the building trade; (3) was an officer of a partnership or corporation whose licence was cancelled or not renewed under section 70 within less than three years; (4) is an officer of a partnership or corporation whose licence is suspended.The Commission may refuse to issue a licence where the partnership or corporation applying for it or any of its officers holds a licence that has been suspended or held a licence that was cancelled or not renewed under section 70 within less than three years.62.The Commission may refuse to issue a licence where the person who applies for it on behalf of a partnership or corporation has already applied, on behalf of another partnership or corporation, for a licence that has been cancelled or not renewed under section 70 within less than three years.63.Subject to any regulation made by the Commission under paragraph 15 of section 185, a partnership or person may not hold more than one licence.64.A person whose head office is outside Québec and who wishes to carry out building work in Quebec or cause it to be carried out must obtain a temporary licence from the Commission under such terms and conditions as the Commission may by regulation prescribe.To obtain or to keep or renew a temporary licence, an applicant must keep a place of business in Québec.He must also comply with sections 77 to 83 and section 86 and abide by such other conditions as the Commission may by regulation require. 3020 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 65.When the Commission receives an application for the issue, renewal or alteration of a licence, it shall deliver a ruling within 30 days.§ 4.\u2014Registers and notices 66.The Commission shall keep a public register in which the names and addresses of licence holders and the classes or subclasses of such licences are entered.67.The Commission shall be informed within 30 days of any merger, sale, transfer or change in name or structure of a partnership or corporation.68.Licences shall indicate the classes and subclasses of building work that the holder is permitted to carry out or cause to be carried out.69.The holder of a licence who is no longer entitled thereto shall inform the Commission in writing within 30 days following the date on which his entitlement ceased.On the death or incapacity of the licence holder, his executor, heir or legatee, administrator or legal representative or, in the case of incapacity, his curator or judicial adviser shall inform the Commission within 30 days of the holder's being no longer entitled to the licence.DIVISION III SUSPENSION.CANCELLATION AND REFUSAL TO RENEW A LICENCE 70.The Commission may suspend, cancel or refuse to renew a licence where the licence holder: (1) has been convicted of or has pleaded guilty to an offence under this Act, the Consumer Protection Act, or the Act respecting occupational health and safety (R.S.Q., chapter S-2.1), where in the Commission's opinion the seriousness or the frequency of the offences so warrants; (2) does not satisfy one of the conditions set by this Act for obtaining a licence; (3) has falsified or misrepresented facts related to his application for a licence; (4) has not given effect, to the Commission's satisfaction, to an order issued under section 123 enjoining him to comply with the Building Code; Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 3021 (5) has abandoned building work or interrupted it without reasonable cause, thereby harming the persons involved; (6) has its solvency endangered by the bankruptcy of one of its officers; (7) has carried out or caused to be carried out building work for which compensation was paid under a guaranty plan covered by section 80, and where the holder has not reimbursed the administrator of the plan.71.The licence of a contractor or of an owner-builder becomes invalid on any of the following occurrences: (1) he becomes bankrupt; (2) its powers as a corporation are revoked; (3) it passes a resolution to go into voluntary liquidation; (4) a winding-up order is made against it by a court of competent jurisdiction; (5) it has not informed the Commission in accordance with section 67; (6) its participation in a guaranty plan covered by section 80 is terminated.72.On the death of a licence holder, his executor, heir or legatee, administrator or legal representative may continue the business for up to 90 days from the date of death.73.The licence of a partnership or corporation becomes invalid 60 days after the date on which the natural person who applied for a licence on behalf of a partnership or corporation ceases to be an officer thereof.In the case of the death of the natural person, the period shall be 90 days.74.The licence of a contractor becomes invalid 60 days after he ceases to be a member of the association or of one of the associations or of the group of associations that checked his qualifications under an agreement made under section 131, unless it is renewed by the Commission.The association or the group of associations shall inform the Commission when a contractor ceases to be a member and, in the case of expulsion, shall state the reasons for such expulsion. 3022 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 75.The Commission shall allow the holder an opportunity to be heard before deciding on the suspension, cancellation or refusal to renew any licence.It shall deliver its ruling in writing, with reasons.76.The Commission may issue to the trustee in bankruptcy or to the liquidator, for not more than thirty days, a licence permitting the completion of the work covered by the licence.CHAPTER V FINANCIAL GUARANTEES DIVISION I GUARANTY PLANS 77.The Government may, by regulation, require every contractor to join a plan guaranteeing the performance of his legal and contractual obligations, in particular, his obligation to comply with the Building Code, resulting from a contract entered into with a natural person, a non-profit organization or a cooperative for the sale or construction of a new residential building.The regulation contemplated in the first paragraph shall determine the cases and the terms and conditions of the guaranty related to the performance of the legal and contractual obligations of the contractor, and the class of new residential buildings to which it applies.78.The Government may, by regulation, require every contractor to join a plan guaranteeing the performance of his legal and contractual obligations, in particular, his obligation to comply with the Building Code, resulting from a contract entered into with a natural person, a non-profit organization or a cooperative for the carrying out of -renovation, repair, maintenance or alteration work on a building or on a civil engineering structure.The regulation contemplated in the first paragraph shall determine the cases and the terms and conditions of the guaranty related to the performance of the legal and contractual obligations of the contractor.79.Every contractor required to join a guaranty plan shall give the contract whereby the plan guarantees the obligations provided in section 77 or 78 to the natural person, the cooperative or the non-profit organization. Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.19X5.Vol.117.No.33 3023 80.A guaranty plan and any guaranty contract provided under such plan shall be in accordance with the criteria set by regulation of the Government and require approval by the Minister of Housing and Consumer Protection.81.A guaranty plan shall be managed by one of the following: (1) a person authorized by the Minister in accordance with a regulation of the Government; (2) a person designated by the Québec Master Electricians Corporation or the Québec Master Pipe-Mechanics Corporation and managing a guaranty plan set up under section 12 of the Master Electricians Act or section 11 of the Master Pipe-Mechanics Act; (3) a management company incorporated under Division II of this Chapter.82.No person may offer a guaranty contract to a natural person, a non-profit organization or a cooperative other than those required under this Division, for the purpose of guaranteeing performance of the contractual and legal obligations of a contractor, in particular the obligation to comply with the Building Code for a building mentioned in section 77 or work covered by section 78 if the contract is not offered under a guaranty plan managed by a person authorized by the Minister in accordance with a regulation of the Government.83.The Minister may withdraw his authorization of the manager mentioned in paragraph 1 of section 81 or in section 82 where the person: (1) is not able to take on the obligations of the guaranty plan, owing to his financial position; (2) does not meet the conditions prescribed by regulation of the Government.DIVISION II INCORPORATION OF A MANAGEMENT COMPANY 84.The Government may, by letters patent issued under the Great seal, incorporate a company to manage a guaranty plan where it believes that the guaranty plans managed by one of the persons contemplated in paragraphs 1 and 2 of section 81 do not enable the contractors to provide sufficient coverage.It may also amend previously issued letters patent by supplementary letters patent. 3024 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 The purpose of the company shall be to manage a guaranty plan covered by section 80.The name of the management company, its structure, the appointment of its members, the length of their term of office, their remuneration and their other working conditions shall be determined by the Government.A notice of incorporation or of amendment by supplementary letters patent of such company shall be published in the Gazette officielle du Québec.85.The Government may, on the conditions it shall set: (1) guarantee any borrowing by the management company, and the performance of any other obligation contracted by it; (2) authorize the Minister of Finance to advance to the management company any amount considered necessary for the carrying out of its duties.Any sums that the Government may be called upon to pay under such guarantees or to advance to the management company shall be drawn from the consolidated revenue fund.DIVISION III SECURITY 86.The Government may, by regulation, require security from any contractor for the purpose of compensating the contractor's clients in case of fraud, embezzlement or misappropriation of funds for building work not covered by a guaranty plan contemplated in section 80.CHAPTER VI COMMISSION DU BÂTIMENT DU QUÉBEC DIVISION I CONSTITUTION AND ORGANISATION 87.There shall be a \"Commission du bâtiment du Québec\".88.The Commission shall be a body corporate. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.IMS.Vol.117.No.33 3025 89.The Government shall determine the location of the head office of the Commission; a notice of its location and any change in the location of the head office shall be published in the Gazette officielle du Québec.90.The Commission shall be administered by a board of 15 directors, one of whom shall be chairman.The chairman and 10 board members shall be voting members; the remaining four members shall be non-voting members.The chairman of the board shall be managing director of the Commission.91.The Government shall appoint the members of the board of directors of the Commission.92.Voting board members, except the chairman, shall be appointed as follows: (1) six members from the persons proposed by the Québec Master Electricians Corporation, by the Québec Master Pipe-Mechanics Corporation and by the most representative contractors' associations membership whereof is not mandatory under any Act; (2) one member from the persons proposed by the Ordre des Ingénieurs du Québec and by the Ordre des Architectes du Québec; (3) one member from the persons proposed by the most representative associations of municipal authorities; (4) one member from the persons proposed by the most representative associations of building owners; (5) one member from the persons proposed by the most representative associations of consumers or of building residents or users.93.Non-voting board members shall be appointed as follows: (1) one member from the persons proposed by the most representative professional corporations working in the construction industry; (2) one member from the persons proposed by the most representative associations of municipal authorities; (3) one member from the persons proposed by the most representative associations of employees in the construction industry; 3026 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 (4) one person chosen from among the public servants of the Ministère de l'Habitation et de la Protection du consommateur.94.The Minister may require an association contemplated in section 92 or 93 to propose other names to him.95.The Government shall also appoint up to two vice-chairmen of the Commission for a term of up to five years.96.The chairman's term may not exceed five years and the term of the other board members may not exceed three years.The term of the chairman, the vice-chairmen and the other board members may be renewed.97.Members of the board, as well as the vice-chairmen, shall remain in office at the end of their term until they are replaced or their appointment is renewed.98.A vacancy among board members or vice-chairmen shall be filled according to the procedure prescribed for the appointment of the person to be replaced.99.Where a vice-chairman or board member is unable to act, he shall be replaced by a person designated by the Government, which shall fix his fee and allowances.100.The chairman shall see to the carrying out of board decisions and is responsible for the general management and administration of the Commission in the framework of its by-laws and policies.101.The position of chairman and of vice-chairman is full time.102.The Government shall fix the remuneration and working conditions of board members and of vice-chairmen.103.The Commission is responsible for its employees' remuneration and working conditions as well as for its own operating expenses.104.On pain of forfeiture, the chairman and vice-chairmen may not have a direct or indirect interest in an undertaking that places their personal interest in conflict with the duties of their office.Forfeiture may be avoided, where such interest is an inheritance or gift, by refusal or disposal without delay. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 3027 Any other board member who has an interest in such an undertaking must on pain of forfeiture disclose the fact in writing to the chairman and refrain from participation in all deliberations and decisions concerning the undertaking.105.The Commission may hold meetings anywhere in Québec.106.A board decision signed by all members has the same effect as if made at a regular meeting.107.A majority of voting board members present at a meeting constitutes a quorum.In the event of a tie, the chairman has a casting vote.108.The Commission shall regulate its own procedure.The rules come into force on the date they are approved by the Government.109.The secretary of the Commission and its staff are appointed and remunerated under the Public Service Act (R.S.Q., chapter F-3.1.1) DIVISION II PURPOSE.DUTIES AND POWERS 110.The purpose of the Commission is to supervise the administration of this Act, particularly with a view to protecting the public.111.In carrying out its purpose, the Commission shall, in particular, have the following responsibilities: (1) to ensure that this Act is applied and that building and safety standards are observed; (2) to check the qualifications of contractors so as to ensure their integrity, competence and solvency; (3) to promote administrative agreements with other agencies operating in areas covered by this Act with a view to facilitating its application; (4) to promote the delegating of responsibility to local municipalities; (5) to promote the training of persons working in the areas of building construction and public information; 3028 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 (6) to cooperate with departments and agencies involved in the areas covered by this Act; (7) to take part in the preparation of Government regulations, at the request of the Minister; (8) to disseminate information and give opinions on the content and application of the Building Code and the Safety Code; (9) to undertake or commission studies and research in areas covered by this Act; (10) to foster a sense of responsibility among those working in the construction industry; (11) to provide the Minister with an opinion on any matter he refers to it, analyze the impact of this Act and make the recommendations it considers useful to the Minister.112.In the exercise of its powers of supervision, the Commission may: (1) at any reasonable hour enter a building or construction site and have access to a facility intended for use by the public or an installation independent of a building; (2) examine and copy the books, ledgers and filession may: (1) at any reasonable hour enter a building or construction site and have access to a facility intended for use by the public or an installation independent of a building; (2) examine and copy the books, ledgers and file any related document.113.The Commission may without charge take samples for analysis; it shall inform the person concerned and return the samples after analysis, where possible.114.The Commission may require a contractor, owner-builder, owner of a building, facility intended for use by the public or installation independent of a building, an architect or an engineer, to submit material, equipment, or an installation to a test, analysis or check so as to ensure it conforms to this Act. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985, Vol.117.No.33 3029 115.The Commission may make tests, take photographs or make recordings at a construction site, building, facility intended for use by the public or installation independent of a building.116.The Commission may itself install a measurement apparatus or order a contractor, owner-builder or owner of a building, facility intended for use by the public or installation independent of a building to install one and provide it with the data gathered.117.The Commission may require that a person provide it with what is needed to carry out a check.118.A member of the Commission or its agent must identify himself on request and show his certificate of appointment.119.The Commission may require that an electricity or piped gas undertaking obtain its consent before connecting an electric or gas installation to the distribution network.120.The Commission may require a gas undertaking to obtain its authorization before supplying a new gas installation.121.A gas distributor's agents checking gas installations or construction work shall have the powers and duties prescribed in sections 112 to 118.122.The Commission may issue a remedial notice advising a person that he is not in conformity with this Act.The notice will indicate the steps required in order to conform to this Act and fix a time limit for compliance.123.The Commission may issue an order enjoining compliance with this Act and fix a time limit for doing so.The person so enjoined shall comply within the time allowed and shall inform the Commission of the particular steps he intends to take.124.Where the Commission believes there is danger to the safety and well-being of the public, it may order that a building or facility intended for use by the public be closed or evacuated in whole or in part, or that the operation or use of an installation independent of a building or of equipment or an installation in a building, be stopped. 3030 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985.Vol.117.No.33 Part 2 The Commission shall with all speed give the reasons in writing for its decision and indicate the measures that must be taken to eliminate the danger.The site may not be reopened or the installation used until the Commission so permits.125.Where a person against whom the Commission has made an order refuses or neglects to comply, the Commission or any interested party may move the Superior Court to issue an injunction compelling compliance.The court may in a fit case order that work be carried out at the expense of the person it names or authorize the Commission to perform the work at that person's expense.126.An order against the owner of an immovable may be registered against that immovable.The Commission may file a copy of the order for registration at the land registry office of the division where the immovable is located.The order shall in that case affect any purchaser whose right is subsequently registered, and he shall be bound to take over the obligations imposed on the former owner according to the order.127.The Commission may approve a design, building method or the use of material and equipment different from that prescribed by a code or regulation made under this Act, on conditions it sets, where it finds the quality equivalent to what is sought by the standards of the code or regulation.The same applies where it considers that public safety is equally protected.128.In the case of a building, facility intended for use by the public or installation independent of a building, the Commission may allow the application of measures different from those prescribed by a code or regulation made under this Act, according to conditions it sets, where the provisions of the code or regulation are shown not to be reasonably applicable.129.The Commission may inquire into any matter relating to this Act. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 3031 For such purpose, it shall have the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (R.S.Q., chapter C-37), except for the power to order imprisonment.DIVISION III DKI.KCA I'lON 130.The Commission may delegate to the chairman, to another director or to a vice-chairman, in writing and to the extent specified, the powers and duties assigned to it by this Act, except for those conferred by sections 131, 132 and 185.The Commission may similarly delegate the exercise of powers and duties covered by the first paragraph to a committee composed of the chairman or a vice-chairman and one or more directors.The Commission may delegate, in writing and to the extent specified: (1) the exercise of the powers and duties assigned to it by this Act, except for sections 70, 123.131,132 and 185, to a member of its staff: (2) the exercise of powers conferred by sections 112 to 117 to any person it may designate.131.The Commission may enter into a written agreement with a contractors' association or a group of contractors' associations to delegate to it, to the extent specified, its powers and duties pursuant to sections 46,47, 51 to 69 and 72 with a view to ensuring that members of the association are qualified.The Commission may also delegate to the association or group of associations or to a corporation established under the Master Electricians Act or the Master Pipe-Mechanics Act its powers and duties pursuant to sections 14, 16, 17, 20, 21 and 23 with a view to ensuring the quality of construction work done by the contractors.The agreement may make provision for financing the expenses incurred by the association, group of associations or corporation in the application of this Act and allow the association, group of associations or corporation to collect and apply for this purpose sums covered by paragraphs 1, 2, 3 and 6 of section 151. 3032 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 The agents of the association, group of associations or corporation charged with the application of this Act have the powers and duties prescribed in sections 112 to 118.132.The Commission may enter into a written agreement with a local municipality to delegate to it, within its territory and to the extent specified, its powers and duties pursuant to sections 14 to 23 and 32 to 36, with a view to ensuring the quality of construction work and public safety.The agreement may make provision for financing the expenses incurred by the municipality in the application of this Act and allow the municipality to collect and apply for this purpose sums covered by paragraphs 4 and 6 of section 151.The agreement may also provide, from among the powers and obligations contemplated in sections 112 to 118, 122 to 126 and 128, which powers may be exercised by the local municipality and to which obligations the municipality is subject, the conditions of subdelegation of those powers to employees of the municipality and the other terms and conditions of exercise of those powers.133.The delegated municipality may, with the consent of the Commission, enter into a written agreement with another municipality, regional or urban community or intermunicipal board.Every regional county municipality, regional or urban community or intermunicipal board entering into an agreement in accordance with this section shall be considered a local municipality for the purposes of the application of this Act.134.A local municipality may enter into a written agreement under this division with the Commission.The municipality that has entered into an agreement with the Commission may require, by by-law, that persons wishing to obtain a permit or certificate of occupancy for a building pay the charges resulting from the application of this Act.The Government may, by regulation, set the maximum fees that may be demanded under the second paragraph.135.The terms and conditions of delegation to a municipality, an association, a group of associations or a corporation shall be set forth in the agreement. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.19X5.Vol.117.No.33 3033 136.The agreement requires approval by the Minister and comes into force on the tenth day following publication in the Gazette officielle du Québec of a notice to that effect or on any later date fixed therein.137.This division does not affect the powers conferred on a municipality under another Act in respect of buildings unfit for habitation or occupancy and in respect of buildings or works representing a danger for the safety of persons owing to a lack of solidity nor privileges established in favour of the municipality to guarantee the recovery of the cost of any work done by it on the buildings or works.138.A local municipality may, so far as may be determined in the agreement, codify measures different from those provided in a code or regulation adopted under this Act and that may be authorized by it in accordance with section 128.The agent of the municipality exercising the power prescribed in section 128 shall send an annual report to the municipal council specifying the buildings for which an authorization was granted.139.The Commission may check the exercise of delegated responsibility or entrust the checking to any person or agency.DIVISION IV DOU'MKNTS.ACCOUNTS AND REPORTS 140.The Photographic Proof of Documents Act (R.S.Q., chapter P-22) applies to documents issued by the Commission or kept in its records.141.No deed, document or writing shall bind the Commission nor be attributed to it unless signed by the chairman, the secretary or a staff member and, if by a staff member, only to such extent as the Commission may by regulation determine.142.The Commission may, by regulation and according to the conditions it sets, allow the signature to be affixed by means of an automatic device on the documents it determines.The Commission may allow a facsimile of the signature to be engraved, lithographed or printed on such documents as it determines.A facsimile requires authentication by the countersignature of a person so authorized by the chairman. 3034 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 143.A document or copy thereof issued by the Commission or kept in its records, if signed or certified true by a person covered by section 141, proves itself.144.No member of the board of directors, except the chairman, may have access to information relating to the solvency of a contractor or owner-builder.145.Neither the Commission, nor a board member, vice-chairman, staff member or any person delegated under section 131 or 132 may be sued for an official act done in good faith in the performance of duty.146.Except on a question of jurisdiction, no action under section 33 of the Code of Civil Procedure (R.S.Q., chapter C-25) or extraordinary recourse within the meaning of that Code shall lie, nor may injunction be granted, against the Commission in its official capacity.A judge of the Court of Appeal may, on motion, summarily quash any writ issued or order or injunction granted contrary to the first paragraph.147.The Commission shall submit to the Minister, by 31 July of each year, its financial statements together with a report on its activities for the past fiscal year.The financial statements and report must contain all the particulars required by the Minister.The Minister shall table the report and financial statements in the National Assembly within 30 days of their receipt, if it is sitting, or within 30 days of the resumption of a session or the opening of a new session, if it is not sitting.148.The Commission shall also provide the Minister with all particulars he requires concerning its activities.149.The Auditor-General shall audit the books and accounts of the Commission annually and whenever the Government so orders; but the Government may designate another auditor.The report of the Auditor-General or auditor designated by the Government shall accompany the report of the Commission's activities and its financial statements. Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 3035 DIVISION V FINANCE 150.The Commission shall finance its activities from the revenue it collects.The Minister may grant subsidies to the Commission, to pay part of the costs arising from the administration of this Act, for the five fiscal years after ( insert here the dote of coming into force of this section ).151.The Commission shall collect the following amounts: (1) fees for issuing, amending or renewing a licence: (2) fees for the processing or assessment involved in issuing or renewing a licence; (3) amounts demanded from each contractor on the basis of a fixed levy as the Commission may by regulation determine or of an indicator of the importance of the contractor's activities, as set by regulation, or on the basis of both; (4) amounts demanded from each owner of a building, of a facility intended for use by the public, or of an installation independent of a building, on the basis of a fixed levy as the Commission may by regulation determine, or of an amount based on the area, volume or use of a building, facility intended for use by the public or installation independent of a building, or on the basis of both; (5) amounts demanded from each owner or operator of a gas undertaking on the basis of a fixed levy as the Commission may determine by regulation or on the basis of the volume of gas sold, as set by regulation, or on the basis of both; (6) fees for approval, permission, review and checking charged by the Commission.152.The amounts collected and recovered by the Commission in applying this Act shall be included in its assets.153.The Commission shall annually fix the levy on contractors, on owners of buildings, facilities intended for use by the public or installations independent of buildings and on owners or operators of gas undertakings, according to the method of financing it has chosen. 3036 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 154.Amounts collected by the Commission shall forthwith be deposited in a bank or in a savings and credit union governed by the Savings and Credit Unions Act (R.S.Q., chapter C-4) or in an institution governed by the Deposit Insurance Act (R.S.Q., chapter A-26).155.For the purposes of this Division, the Commission shall apply the rate of interest fixed pursuant to section 28 of the Act respecting the Ministère du Revenu (R.S.Q., chapter M-31).For the purposes of computation of the interest, part of a month is considered a full month.The interest shall not be capitalized.156.The Commission may not borrow funds by issuing notes or other instruments without prior consent from the Government, or otherwise than at rates of interest or other terms determined by the Government.157.The Commission may not, without the prior consent of the Minister and of the Conseil du trésor, be party to a contract for goods or services for an amount greater than that determined by the Government.158.The Government may, according to the conditions it sets: (1) guarantee, as to capital and interest, any borrowing by the Commission and the performance of any other obligation contracted by it; (2) authorize the Minister of Finance to advance to the Commission any amount considered necessary for the carrying out of its duties at the interest rate, for the time and on any other terms the Government may determine.Amounts that the Government may be called upon to pay the Commission under the terms of guarantees or advances shall be drawn from the consolidated revenue fund.159.The Commission's fiscal year ends on 31 March. Pan 2 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985.Vol.117.No.33 3037 CHAPTER VII REVIEW AND APPEAL DIVISION I REVIEW 160.Any interested party may apply for review'of a ruling of the Commission or of a municipality covered by section 132 where such ruling: (1) was delivered under section 123 or 124; (2) involves the issue, renewal, amendment, suspension or cancellation of a licence.161.An application for review of a ruling must be submitted to the Commission or the municipality within 30 days of its date.162.The Commission or the municipality shall, before deciding on the review, allow the interested party an opportunity to express his opinion.163.The person who made the ruling under review may not himself review the ruling except in the case of the board of directors of the Commission or of the council of a municipality.164.The Commission or the municipality may affirm, reverse or vary the ruling under review.DIVISION II APPEAL 165.Any interested party may appeal to the Provincial Court on any question of law, jurisdiction or fact from a ruling of the Commission or of a municipality covered by section 132 where such ruling: (1) was delivered under section 123 or 124; (2) involves the issue, renewal, amendment, suspension or cancellation of a licence.166.The appeal shall be made by motion of which notice shall be served on the Commission or on the authority. 3038 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 The motion shall be filed with the clerk of the Provincial Court in the judicial district where the appellant resides, has his head office or his place of business, within 30 days following receipt by the appellant of the initial ruling or, as the case may be, of the ruling under review, of the Commission or the municipality.167.On service of the notice of motion, the Commission or the municipality shall forward to Provincial Court the file regarding the ruling under appeal.168.The appeal shall be heard and decided in priority.169.Subject to any additional evidence that it may require, the court shall deliver its decision on the file sent to it by the Commission or the municipality, after permitting the parties to be heard.170.The appeal shall not stay enforcement of the ruling of the Commission or the municipality.In the matter of a licence, the court may decide otherwise.171.No appeal lies from a ruling of the Provincial Court.172.The Provincial Court may, in the manner prescribed by section 47 of the Code of Civil Procedure, make the rules of practice it considers necessary for application of this Division.CHAPTER VIII REGULATIONS DIVISION I CODES 173.The Government shall by regulation adopt a Building Code.The Code may contain, in particular, building standards regarding the following matters: (1) the design and procedures for construction of buildings, of facilities intended for use by the public or of installations independent of a building; (2) fire and accident prevention and protection; Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 3039 (3) the safety and strength of buildings, of facilities intended for use by the public or of installations independent of a building; (4) the hygiene of buildings; (5) ease of access to buildings and facilities intended for use by the public; (6) energy saving in buildings and the energy efficiency of buildings; (7) materials, appliances or equipment to be used or prohibited in buildings, in facilities intended for use by the public or in installations independent of a building; (8) the quality, assembly, erection, inspection, certification, quantity, site and tests of materials, facilities and installations.174.The Building Code may specify the cases in which a contractor, an architect or an engineer may depart from the standards regarding energy saving in a building where a natural person wishing to build a single-family dwelling requests different specifications in writing.175.The Government shall by regulation adopt a Safety Code.The Code shall contain safety standards for buildings, for facilities intended for use by the public and for installations independent of a building and their vicinity, and standards for their use and hygiene.The Code may contain standards regarding the following matters in particular: (1) fire and accident prevention and protection; (2) the maximum number of persons that may be admitted to a building or to a facility intended for use by the public; (3) the supervision measures required and the qualifications of the persons who are to carry them out; (4) materials and equipment to be used or prohibited in buildings, in facilities intended for use by the public or in installations independent of a building; (5) the assembly, erection, inspection, certification, quantity, site and tests of materials, facilities and installations; (6) the use and storage of substances involving safety hazards. 3040 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Pan 2 176.The codes may require manufacturers to provide instructions regarding the assembly, erection, maintenance and inspection of materials, facilities and installations.177.The content of the codes may vary, depending upon the class of building, of facilities intended for use by the public and of installations independent of a building to which the codes apply.178.The codes may require observance of a technical standard drawn up by another government or by an agency empowered to draw up such standards.179.The Government may determine which of the provisions of a code shall in case of breach be sanctioned under paragraph 7 of section 194.180.The Government shall publish a draft regulation made under sections 173 and 175 in the Gazette officielle du Québec, with a notice indicating that it may be adopted with or without amendments after the expiry of 60 days beginning from such publication.181.A regulation comes into force on the thirtieth day after the publication in the Gazette officielle du Québec of the notice of its adoption or, where it is amended, of its final text, or at any later date fixed in the notice or in the final text.DIVISION II KKGII.ATKINS § 1.\u2014Government Regulations 182.The Government may, by regulation: (1) exempt from application of this Act or of selected provisions thereof, classes of persons, contractors, owner-builders, owners of buildings, facilities intended for use by the public, or installations independent of a building, and classes of buildings, facilities, installations or construction work; (2) designate any other facility intended for use by the public for the purposes of section 10: (3) fix the charges due from a subsequent purchaser requesting a copy of the certificate of compliance under section 20; Part 2 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985.Vol.117.No.33 (4) draw up procedures and set conditions for approval by the Commission of pressure vessels and for putting such vessels into service; (5) draw up standards regarding installations or vehicles used for storage or distribution of gas, in particular: (a) the design and construction procedures for such installations or vehicles; (b) the strength of such installations or vehicles; (c) the materials, apparatus or equipment to be used or prohibited in such installations or vehicles; (d) the quality, assembly, erection, inspection, certification, quantity, site and tests of materials, facilities or installations; {c) the transport, storage, handling and distribution of gas; (/) accident prevention and protection; (6) draw up safety standards applicable to an electricity generating or transmitting installation; (7) require every contractor to join a guaranty plan in respect of new residential buildings in a class to be determined by it or in respect of renovation, repair, maintenance or alteration work on a building or a civil engineering structure; (8) determine the cases, terms and conditions of the guaranty offered under a plan, in particular: (a) the legal and contractual obligations of the contractor, including breaches of the Building Code for which compensation may be due; (b) the amount of the deductible for each claim; (c) the minimum amount of compensation depending on the nature of the building work; (9) specify the qualities required of a person covered by paragraph 1 of section 81 or by section 82, the conditions he must meet and the information he must provide, in particular: {a) fix criteria for solvency; (b) require security from the person, prescribe the amount and the form thereof and procedures for collection, payment and application of the security; 3042 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Pan 2 (c) decide the amount of the reserves that the person must keep to guarantee the obligations resulting from a guaranty plan; (d) decide what financial statements the person must furnish to the Government and the form and content of such statements; (e) decide what investments the person may be permitted to make; (f) require in the case of a corporation that it have a place of business in Québec; (g) decide what measures the person must take to ensure the confidentiality of information communicated by a contractor; (h) prescribe the particulars that the person must communicate to the Government; (10) draw up criteria for a guaranty plan, in particular: (a) terms and conditions for membership of a contractor; (b) the maximum amount that may be demanded from a contractor to enable a person to benefit from a guaranty offered under a plan; (c) standards for disseminating information regarding the guaranty plan; (d) the arbitration procedure enabling a person to attack a decision of the manager concerning a claim or enabling the contractor to appeal a decision of the manager refusing or cancelling his participation in the plan; (11) decide the cases where security is to be required of the contractor within the meaning of section 86, and decide the procedures, amount and form thereof, and the method of dealing with it; (12) decide the maximum fee that may be charged a person wishing to obtain a permit or a certificate of occupancy of a building under section 134; (13) prohibit the sale or leasing of materials or accessories whose use in the building work of a building, of a facility intended for use by the public or of an installation independent of a building has not been approved by a person recognized by the Commission; (14) prohibit the sale or leasing of appliances intended to be connected to an electrical installation used in a plumbing installation or intended to use gas, unless such appliance has been approved by a person recognized by the Commission; Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 3043 (15) determine which of the provisions of a regulation adopted under this section shall in case of breach be sanctioned under paragraph 7 of section 194.183.The Government shall publish a draft of any regulation in the Gazette officielle du Québec with a notice stating that it may be adopted, with or without amendments, after the expiry of 60 days following such publication.184.A regulation comes into force on the thirtieth day after the publication in the Gazette officielle du Québec of the notice of its adoption or, where it is amended, of its final text, or at any later date fixed in the notice or in the final text.§ 2.\u2014Regulations of the Commission 185.The Commission may, by regulation: (1) determine the form and content of the certificates prescribed in sections 16 to 19; (2) determine cases where a contractor, the manufacturer of a prefabricated building or an owner-builder must draw up and implement a quality control program in accordance with sections 21 and 22, as well as the components of the program; (3) determine cases where a contractor or an owner-builder must report work that he has carried out or that he intends to carry out, the manner of forwarding the report and any conditions that he must fulfill; (4) determine cases where any piped gas undertaking must draw up and implement a quality control program with regard to building work; (5) determine cases where the owner of a building, a facility intended for use by the public or installations independent of a building must draw up a program by which conformity of the building or either the facility or the installations with the Building Code can be ascertained, together with the components of the program and the cases where he must have a person recognized by the Commission confirm the conformity thereof with the Code; (6) determine cases where the owner of a building, a facility intended for use by the public or installations independent of a building must inform the Commission of any accident or fire that has occurred 3044 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 therein as well as the details of the report and the time within which it must be submitted; (7) require, in the cases and in accordance with the conditions that it may determine, the preparation of plans and specifications and their forwarding to the Commission and determine from whom such plans and specifications are required; (8) determine the information to be provided by a licence holder to enable the Commission to verify if the holder still meets the requirements for obtaining a licence under this Act; (9) determine subjects for examination, particularly those concerning administrative or technical knowledge or relating to the safety of construction sites, and determine the criteria for admission to and exemption from an examination or other method of evaluation; (10) determine any other qualifications that a natural person applying for a licence for himself or on behalf of a partnership or corporation must possess, as well as any other conditions that he must fulfill and any particulars that he must provide; (11) determine any other qualifications that a corporation or natural person applying for the issue or renewal of a licence must possess, as well as any other conditions that they must fulfill and any particulars that they must provide; (12) determine the cases where a person other than an officer may apply for a licence on behalf of a partnership or legal person; (13) permit a natural person to apply for a licence on behalf of more than one partnership or corporation; (14) permit a natural person to hold a licence while applying for a licence on behalf of a partnership or corporation; (15) determine the cases where a partnership, corporation or natural person may hold more than one licence; (16) set the conditions and criteria for the issue, amendment or renewal of a licence or a temporary permit, set the fees that may be demanded for such issue, amendment or renewal and determine in what cases it will charge the fees; (17) set the classes and subclasses of licences and the fees that may be demanded for each of those classes or subclasses of licences and determine in what cases it will charge the fees; Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 3045 (18) determine in what cases it will charge examination or evaluation fees for the issue, amendment or renewal of a licence or temporary licence and set the fees; (19) limit the classes or subclasses of building work that an owner-builder may carry out or cause to be carried out on an electrical installation or plumbing installation; (20) determine in what cases it will charge approval, authorization, review or verification fees payable under this Act; (21) determine an indicator of the importance of the contractor's activities that may be used as a basis for a levy, determine a fixed amount or an amount in relation to the indicator, or both, and determine the minimum and maximum according to the indicator at which a contractor is subject to the levy; (22) set, for the determining of the levy payable by each gas undertaking owner or operator, a fixed amount or an amount in relation to the volume of gas sold or both together, and determine the period for which the levy is payable by each owner or operator, define what constitutes the volume of gas sold and determine the maximum thereof; (23) set, for the determining of the levy payable by each owner, a fixed amount or an amount depending on the area, volume or use of the building, facility intended for use by the public or installation independent of a building, or both together, as well as determine the period for which the levy is to be payable by each owner, and to define what constitutes the area or the volume of the building, facility or installation, determine the maximum thereof and determine such amount in relation to their use; (24) prescribe the form and content of the report to be forwarded by a contractor or a gas undertaking owner or operator, as well as the time limit within which it must be forwarded; (25) prescribe the form and content of the report to be forwarded by the owner of a building, facility intended for use by the public or installation independent of a building, as well as the time limit within which it must be forwarded; (26) set a time limit within which a contractor shall forward to it an estimate of the indicator of activities used as a basis for a levy, for each period the Commission shall determine; (27) set a time limit within which an owner of a building, a facility intended for use by the public or installation independent of a building 3046 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 shall forward to it, for each such construction, an estimate of the area, volume or use of each, as well as the time limit within which the owner shall inform it of any material alteration of the building, facility or installation; (28) set a time limit within which the gas undertaking owner or operator shall forward to it an estimate of the volume of gas sold for each period it may determine; (29) prescribe the form and content of the annual statement that a contractor or a gas undertaking owner or operator must forward to it; (30) prescribe the form and content of the annual statement that the owner of a building, facility intended for use by the public or installation independent of a building must forward to it; (31) prescribe the form, content and manner of forwarding of the register of activities used as a basis for a levy that each contractor must place at its disposal; (32) prescribe the form, content, terms and conditions for forwarding the gas sales register that each gas undertaking owner or operator must place at its disposal; (33) prescribe the form, content and manner of forwarding of the register of buildings, facilities intended for use by the public or installations independent of a building that each owner must place at its disposal; (34) determine the cases where it may enter into an agreement with a contractor or a gas undertaking owner or operator in order to assess him more than once annually and set, for that purpose, any special conditions for the forwarding of the report under subparagraph 24 and the payment of the levy under paragraph 3 or 5 of section 151; (35) determine the cases where it may enter into an agreement with an owner in order to assess him more than once annually and set, for that purpose, any special conditions for the forwarding of the reports under subparagraph 25 and the payment of the levy under paragraph 4 of section 151; (36) set the time limit and the manner of payment of the levy payable by each contractor, each owner of a building, facility intended for use by the public or installation independent of a building and by each gas undertaking owner or operator; Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.19X5.Vol.117.No.33 3047 (37) determine which of the provisions of a regulation adopted under this section shall in case of breach be sanctioned under paragraph 7 of section 194.Where the Commission has failed to adopt a regulation covered by subparagraphs 21 to 36 within a time deemed reasonable by the Government, the latter may make such regulation itself.186.The amounts that the Commission expects to collect from contractors pursuant to a regulation contemplated in subparagraphs 17 and 18 of section 185 shall not exceed the foreseeable costs incurred by the Commission as a result of the administration of Chapters IV and V, taking into account the general expenses of the Commission.The same applies to the amounts that the Commission expects to levy (1) from owners pursuant to a regulation contemplated in subparagraph 23 of section 185 in respect of the foreseeable costs related to the administration of Divisions I and II of Chapter III; (2) from contractors pursuant to a regulation contemplated in subparagraph 21 of section 185 in respect of the foreseeable costs related to the administration of Divisions I and II of Chapter II; (3) from owners or operators pursuant to a regulation contemplated in subparagraph 22 of section 185 in respect of the foreseeable costs related to the administration of Division III of each of Chapters II and III as regards the distribution of gas.187.No regulation contemplated in subparagraph 21 of section 185 applies to construction work on a civil engineering structure.188.A regulation of the Commission must be forwarded to the Minister who will cause it to be published in the Gazette officielle du Québec together with a notice that it will be submitted to the Government for approval upon the expiry of a 60-day period from such publication.The Government may amend a regulation submitted to it for approval.189.A regulation comes into force after having been approved with or without amendment by the Government on the thirtieth day after its publication in the Gazette officielle du Québec, or at any later date fixed in the notice or in the final text. 3048 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 DIVISION III MISCELLANEOUS 190.Prior to publication of a notice pursuant to section 180, the Minister shall consult the Commission, the most representative associations of municipal authorities and the most representative associations working in the areas of construction and building, on the content of a code.The Minister shall consult the most representative associations working in the area of construction prior to the publication of a notice pursuant to section 183 or 188, and the Commission prior to the publication of a notice pursuant to section 183.191.A code or regulation may include standards that are specific to the territory covered by section 4.192.The contents of the codes or regulations may vary according to the classes of persons, contractors, owner-builders, owners of buildings, facilities intended for use by the public or installations independent of a building, of gas undertaking owners or operators and classes of buildings, facilities or installations to which the codes or regulations apply.193.A by-law of a local municipality, regional county municipality or regional or urban community dealing with any matter already prescribed by the Building Code, the Safety Code or a regulation made under section 182 may not have the effect of setting standards that are identical or equivalent to those of the Codes or regulation, nor of restricting their scope or application.CHAPTER IX OFFENCES 194.It shall be an offence to: (1) make a false statement for purposes of obtaining a licence; (2) make a false statement in a document prescribed by this Act or knowingly use such a document; (3) supply a certificate under sections 16 to 19 that is incorrect or which should have been known to be incorrect; Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 3049 (4) hinder or attempt to hinder a person acting on behalf of the Commission or obstruct him in the exercise of his duties; (5) use the name of another person with a licence or use his licence number to carry out construction work; (6) alter a building, facility intended for use by the public or installation independent of a building in such a way that the risk of accident or fire is increased, or a safety measure prescribed by the Safety Code diminished; (7) contravene any of sections 16, 17, 20 to 28, 33 to 35, 37, 38, 49.53, 54, 56, 63, 67, 69, 79, 82, 119 or 120 or the second paragraph of section 18 or 19 or any regulatory provision sanctioned under section 179, subparagraph 15 of the first paragraph of section 182 or subparagraph 32 of the first paragraph of section 185.195.A contractor or owner-builder may not be convicted of a breach of the Building Code where he shows that the fact a building does not conform to the Code is attributable to plans and specifications prepared by an architect or engineer.The contractor or owner-builder may not rely on the first paragraph where the plans and specifications contained an obvious error which he should have noticed.196.Any offence under section 194 is punishable with a fine of between $200 and $500 where the offender is an individual and between $500 and $1 000 in the case of a corporation, in addition to costs.On a second conviction within two years of a first conviction for the same offence, the offender is liable to a fine of between $400 and $1 000, in the case of an individual, and between $1 000 and $2 000 in the case of a corporation, in addition to costs.On a subsequent conviction for the same offence within two years of the first conviction, the offender is punishable with a fine of between $1 200 and $3 000 where he is an individual or between $3 000 and $6 000 in the case of a corporation, in addition to costs.197.An offence against sections 46, 48 or 64 is punishable with a fine of between $500 and $1 000 where the offender is an individual or between $1 000 and $2 000 in the case of a corporation, in addition to costs. 3050 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 198.Failure to comply with an order made under section 123 or 124 is punishable with a fine of between $500 and $1 000 where the offender is an individual or between $1 000 and $2 000 in the case of a corporation, in addition to costs.199.Whoever directly and seriously endangers public safety, whether by act or omission, is liable to a fine of between $1 000 and $2 000 in the case of an individual or between $5 000 and $20 000 in the case of a corporation, in addition to costs.On a subsequent conviction for the same offence within two years of the first conviction the offender is punishable with a fine of between $2 000 and $4 000 where he is an individual or between $10 000 and $50 000 in the case of a corporation, in addition to costs.200.Whoever, by act or omission, assists another in committing an offence is guilty of the offence as if he had committed it himself, if he knew or should known that his act or omission would probably result in assistance towards the commission of the offence.201.Whoever abets, counsels or commands another to commit an offence is guilty of the offence and of any other offence committed by the other as a result of the abetment, counsel or command, if he knew or should have known that his action would probably result in the commission of the offence.202.Any prosecution shall be brought in accordance with the Summary Convictions Act (R.S.Q., chapter P-15) and this Chapter.203.A prosecution by a local municipality may be brought in a municipal court having jurisdiction in the area where the offence was committed.The costs shall be the property of the municipality to which is attached the municipal court hearing the case.204.The prosecution may be commenced by notice of the offence handed to or otherwise served on the offender.The notice has the effect of an information.205.The notice of offence shall describe the offence, specify the minimum fine and the costs set by Government regulation, advise the offender where payment of the required amount within 30 days may be made and provide all other relevant information. Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 3051 206.An offender who pays the required amount at the prescribed place within the time limit is deemed to have pleaded guilty; but such payment does not constitute an admission of civil liability.On failure to make such payment, the notice of offence shall be laid before a justice of the peace who, if he thinks fit, will issue a summons.207.Failure to serve a notice of offence may not be pleaded against the prosecutor, nor it is necessary to allege or prove that the notice was served.An offender appearing and pleading guilty and proving that such notice was not served, may not be ordered to pay an amount greater than he would have had to pay under the notice of offence.208.Sections 204 to 207 do not apply in the case of a subsequent conviction within two years of a first conviction for the same offence.209.A prosecution under this Act may be brought by the Attorney-General, by the Commission or by a local municipality, where an agreement has been entered into under section 132, or by any person generally or specifically authorized by any of them in that behalf, or by any interested party.In the last case, sections 189 to 192 do not apply.210.For the purposes of sections 16 and 17 of the Summary Convictions Act, a building or facility intended for use by the public is deemed to be the owner's place of business or business office, as the case may be.211.Fines imposed, except the portion that the Government may allocate to the Commission, are the property of the Crown and shall be paid into the consolidated revenue fund.212.A prosecution must be commenced within six months from the- time the prosecutor comes to know of the offence.213.No evidence may be led to show that an inquiry or proceeding under this Act was undertaken following information obtained from any person or to ascertain the identity of that person. 3052 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 CHAPTER X TRANSITIONAL AND FINAL DIVISION I TRANSITIONAL 214.This Act replaces the Act respecting pressure vessels (R.S.Q., chapter A-20.01), the Gas Distribution Act (R.S.Q., chapter D-10), the Act respecting the conservation of energy in buildings (R.S.Q., chapter E-l.D, the Act respecting piping installations (R.S.Q., chapter 1-12.1), the Act respecting electrical installations (R.S.Q., chapter 1-13.01), the Stationary Enginemen Act (R.S.Q., chapter M-6), the Act respecting building contractors vocational qualifications (R.S.Q., chapter Q-l) and the Act respecting municipal regulation of public buildings (R.S.Q., chapter R-18).215.Any provision of a regulation made under the Acts covered by sections 214 and 282 remains in force in so far as it is consistent with this Act.216.Notwithstanding section 215, the Order respecting certificates of competence with respect to gas (R.R.Q., 1981, chapter D-10, r.2), except for category 311 under the heading \"300 \u2014 Distribution\" of section 1, Schedule A and the list of categories in Schedule B, sections 17 and 32 of the Regulation respecting gas and public safety (R.R.Q., 1981, chapter D-10, r.4), sections 28 to 39 and 41 to 60 of the Regulation respecting stationary enginemen (R.R.Q., 1981, chapter M-6, r.1) and Schedule D to that regulation remain in force in so far as they are consistent with the Act respecting manpower vocational training and qualification (R.S.Q., chapter F-5).Such provisions are deemed to have been made under the Act respecting manpower vocational training and qualification and a certificate of qualification or competence issued under such provisions has the effect of a certificate of qualification required by that Act.217.The Regulation respecting dwellings in general (R.R.Q., 1981, chapter Q-2, r.15) made under the Public Health Act (Revised Statutes, 1964, chapter 161) and transferred to the responsibility of the Minister of the Environment pursuant to section 123.3 of the Environment Quality Act (R.S.Q.chapter Q-2) is repealed. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985.Vol.117, No.33_3053 ACT TO PROMOTE HOUSING CONSTRUCTION 218.Section 1.1 of the Act to promote housing construction (R.S.Q., chapter C-64.01) is amended by substituting \"Building Act (1985, chapter 34), the Master Electricians Act (R.S.Q., chapter M-3) or the Master Pipe-Mechanics Act (R.S.Q., chapter M-4)\" for \"Act respecting building contractors vocational qualifications (R.S.Q., chapter Q-l)\" in the third and fourth lines of the first paragraph.219.Section 8.1 of the said Act is amended by substituting \"Building Act, the Master Electricians Act or the Master Pipe-Mechanics Act\" for \"Act respecting building contractors vocational qualifications\" in the second and third lines of the first paragraph.REAL ESTATE BROKERAGE ACT 220.Section 1 of the Real Estate Brokerage Act (R.S.Q., chapter C-73) is amended by replacing subparagraph b by the following subparagraph: \"(b) \"real estate agent\" means any natural person who, as an employee or a person authorized to act on behalf of a broker or a registered builder contemplated in section 3, carries out a real estate transaction;\".221.Section 6 of the said Act is amended by replacing subsections 1 and 2 by the following subsections: \"6.(1) Every applicant for a permit or registration certificate or for the renewal thereof shall send his application to the Superintendent in the form prescribed by regulation, with the documents and contribution to the indemnity fund prescribed by this Act and the regulations thereunder.\"(1.1) Every applicant for a broker's permit, or registration certificate or for the renewal thereof shall also send, with his application, (a) his financial statements in the form prescribed by regulation; (b) a contract of insurance establishing, on the terms and conditions prescribed by regulation, a guaranty against professional liability which he may incur owing to his fault, error or omission or that of his employees or real estate agents in the performance of their duties; (c) in cases determined by regulation, an auditor's report of the accounting of his trust account transactions, prepared by a person who 3054 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 is a member of a professional corporation of accountants contemplated in Schedule I to the Professional Code (R.S.Q., chapter C-26) and signed by him, the contents and form of which and the period covered by which are determined by regulation.\"(2) Every person who, in the year preceding his application, held in a trust account an amount exceeding the amount determined by regulation, or who intends to hold such an amount therein, shall also send with his application a security as an additional guaranty to that contemplated in Division III.2.The amount, form and terms and conditions of the security shall be determined by regulation.222.Section 7 of the said Act is replaced by the following sections: \"7.No person may obtain a real estate agent's permit unless he is in the employ of a broker holding a permit or of a registered builder or unless he is authorized by contract to act on their behalf.\"7.1 No person may be employed or authorized to act for more than one broker or registered builder.\"7.2 The cessation of employment of the agent or, as the case may be, the breach of the contract whereby he is authorized to act on behalf of the broker or registered builder shall of itself suspend the real estate agent's permit unless the cessation or breach results from a change of status with the same broker or registered builder.The Superintendent, on request, may reinstate the permit when the real estate agent is again in the employ of a broker or of a registered builder or a party to a contract authorizing him to act on behalf of any of them.\" 223.Section 8 of the said Act is replaced by the following sections: ' '8.Every broker or registered builder shall communicate forthwith to the Superintendent the name and address of every real estate agent who ceases to be in his employ or who ceases to act on his behalf, and also the cause of cessation of the employment or of the breach of contract.\"8.1 The broker or registered builder shall have the same responsibility in respect of the acts of the agent authorized to act on his behalf as in respect of the acts of the agent who is his employee.\" 224.The said Act is amended by inserting the following Division after section 9: Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 3055 \"DIVISION III.1 ¦Rl'LES RESPECTING CERTAIN REAL ESTATE BROKERAGE CONTRACTS ' '9.1 This Division applies to any contract made between a natural person and a broker, lawyer or notary under which the latter agrees to act as an agent for the sale, rental or exchange of: (1) part or all of a chiefly residential immovable of less than five dwellings; (2) a fraction of a chiefly residential immovable subject to a declaration of co-ownership covered by articles 44lb to 442/> of the Civil Code of Lower Canada.\"9.2 The contract binds the natural person only when it is recorded in a document signed by himself and the broker or his agent.' '9.3 The contract has effect only upon receipt by the natural person of a duplicate of the contract signed by the broker or his agent.\"9.4 The contract shall be in writing and indicate: (1) the names and addresses of the parties in legible characters; (2) the date of the contract and the address at which it was signed; (3) the nature of the real estate transaction in question; (4) the cadastral designation and identification of the immovable in question, with the building erected thereon; (5) its irrevocability, if such is the case; (6) its exclusiveness, if such is the case; (7) the time of its expiry; (8) the purchase price, the exchange price or, as the case may be, the rental price of the immovable; (9) the nature and method of payment of the broker's remuneration; (10) any obligation on the part of the broker to send the particulars of the contract to a multiple listing service or a similar service of a real estate board or of any other agency for the purposes of distribution to members subscribing to such a service; Î056 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 (11) any other matter determined by regulation.\"9.5 Failing a stipulation as to the time of expiry of the contract, it shall expire 30 days after its making.\"9.6 The contract shall contain no stipulation for automatic renewal.\"9.7 Any agreement permitting a broker to take his remuneration in whole or in part out of funds to be held in trust is void.\"9.8 Any agreement binding a natural person, for a fixed period after the expiry of the contract, to remunerate the broker even if the sale, rental or exchange of an immovable is made after such expiry, is void.The first paragraph does not apply if the agreement provides that remuneration is due where (1) the contract is exclusive; (2) the sale, rental or exchange is made with a person who had an interest in the immovable during the term of the contract; (3) the transaction is carried out not more than 180 days after the expiry date of the contract; (4) during that period, the natural person did not enter into any exclusive contract for the sale, rental or exchange of the immovable with another broker.\"9.9 The contract must specify that the broker is bound to submit to the natural person any agreement to buy, sell, rent or exchange the immovable in question.\"9.10 Notwithstanding any stipulation to the contrary, the natural person may rescind the contract if he so desires within three juridical days of the day following that on which he receives a duplicate of the contract signed by both parties unless a waiver is written in its entirety by the person and signed.The contract is rescinded by the fact of and at the moment of sending or delivery of a notice in writing to the broker.\"9.11 A broker may not demand any remuneration after rescission of a contract effected in accordance with section 9.10 unless a sale, rental or exchange is made in accordance with section 9.8. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.July 24.19X5, Vol.117.No.33 3057 \"9.12 The contract may not be set aside merely because a provision thereof contravenes this Division.\"9.13 The natural person may not.by special agreement, waive the rights given him by this Division.\" 225.The said Act is amended by inserting, after section 9.13, the following division: \"DIVISION III.2 \"INDEMNITY FUND \"§ 1.\u2014Establishment and organization \"9.14 The \"Fonds d'indemnisation du courtage immobilier\" is hereby established.\"9.15 The fund is a corporation.\"9.16 The Government shall determine the location of the head office of the fund; a notice of its location and any change in the location of the head office shall be published in the Gazette officielle du Québec.\"9.17 The fund shall be administered by a board of directors consisting of seven members appointed by the Government.Three members shall be chosen from among holders of permits or registration certificates, after consultation with the Association de l'Immeuble du Québec.Three members shall be persons who, by reason of their activities, are specially qualified to contribute towards solving problems related to real estate brokerage.One member shall be a public servant designated by the Minister of Housing and Consumer Protection.The Government shall fix the fees or allowances of the members.\"9.18 The members of the board of directors shall be appointed for two years.Their terms of office may be renewed.Each member shall remain in office at the end of his term until he is replaced or reappointed.\"9.19 The members of the board of directors shall designate a chairman and a vice-chairman from among their number.Where the 3058 GAZETTE OFHCIELLE DU QUEBEC.July 24.IM5.Vol.117.No.33 Part 2 chairman is absent or temporarily unable to act, the vice-chairman shall perform his duties.\"9.20 The fund may appoint a secretary and any other employee for the performance of its duties.\"9.21 The secretary and the other employees shall be appointed and remunerated in accordance with the standards, scales and staffing plan established by by-law of the fund.The by-law shall come into force from the date of its approval by the Government.\"9.22 The board of directors may hold meetings anywhere in Québec.A majority of board members present at a meeting constitutes a quorum.In the event of a tie, the chairman has a casting vote.\"9.23 The fund shall regulate its own procedure.The rules come into force on the date they are approved by the Government.\"9.24 A decision signed by all members of the board of directors has the same effect as if made at a regular meeting.\"§ 2.\u2014Purpose, duties and powers \"9.25 The purpose of the Fonds d'indemnisation du courtage immobilier is to administer a fund to guarantee the liability that may be incurred by a broker, a registered builder or an agent owing to fraud, dishonest transaction, or misappropriation of funds or other property that shall be deposited in a trust fund in accordance with this Act.\"9.26 According to the terms and conditions and the rules determined by regulation of the Government, the fund shall (a) administer the indemnity fund; (b) rule on the admissibility for payment of claims against a broker, registered builder or real estate agent; (c) decide every payment or outlay to be made out of the fund; (d) invest the amounts constituting the fund. Pan 2 GAZETTE OFFICIELLE DU QUÉBEC, July 24.1985.Vol.117.No.33 3059 \"9.27 The fund shall be constituted of (a) contributions imposed for that purpose and fixed by regulation of the Government; (b) amounts recovered from a broker, registered builder or real estate agent under a subrogation; (c) interest yielded on the sums of money constituting the fund; (d) the increase of the assets of the fund.' '9.28 The fund is subrogated to the rights of an indemnified person up to the indemnity paid.\"§ 3.\u2014Documents, accounts and reports \"9.29 The fiscal year of the fund shall end on 31 March each year.\"9.30 No deed, document or writing shall bind the fund unless signed by the chairman or the secretary.\"9.31 A document or a copy thereof issued by the fund or kept in its records, if signed or certified true by a person covered by section 9.30, proves itself.\"9.32 The fund shall submit to the Minister, by 31 July of each year, its financial statements together with a report of its activities for the past fiscal year.The financial statements and report must contain all the particulars required by the Minister.The Minister shall table the report and financial statements in the National Assembly within 30 days of their receipt, if it is sitting, or within 30 days of the resumption of a session or the opening of a new session, if it is not sitting.\"9.33 The fund shall also provide the Minister with all particulars he requires concerning its activities.The Minister may request from the fund any advice regarding the administration of the Act and measures designed to promote the protection of persons who are parties to real estate transactions.\"9.34 The Auditor-General shall audit the books and accounts of the fund annually and whenever the Government so orders, but the Government may designate another auditor. 3060 GAZETTE OFFICIELLE DU QUÉBEC.July 24.1985.Vol.117.No.33 Part 2 The report of the Auditor-General or auditor designated by the Government shall accompany the report of the activities and financial statements of the fund.\"9.35 The fund shall be bound to pay a claim only after all the security from a broker, registered builder or agent existing on (insert here the date of coming into force of section 225 of the Building Act) has been used up.\" 226.The following is inserted after section 11: \"11.1 The broker shall record in writing the circumstances in which the amounts paid into the trust account may be applied.The document must bear the signature of each of the parties to the real estate transaction and that of the broker or of his agent.\" 227.The following is substituted for section 12: \"12.A registered builder and any other person carrying out a real estate transaction for another and for remuneration shall also be subject to sections 10 to 11.1.Notwithstanding the foregoing, any person covered by section 5 who is a member of a professional corporation within the meaning of the Professional Code (R.S.Q., chapter C*26) whose regulations require the keeping of a trust account, prescribe its inspection or audit, and provide for the punishment of offences by a disciplinary tribunal accessible to any complainant, is not subject to sections 10 and 11.\" 228.Section 13 of the said Act is amended (1) by replacing subparagraphs ) the conditions and procedures for the issue, amendment or renewal of a licence or of a temporary licence, the setting of the fees payable for such issue, amendment or renewal and the determination of cases where such fees may be collected; \"(