An Act respecting the Communauté métropolitaine de Québec

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Published: 2015-11-01

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chapter C-37.02

An Act respecting the Communauté métropolitaine de Québec

CHAPTER I 
ESTABLISHMENT AND ORGANIZATION

DIVISION I 
ESTABLISHMENT

Establishment.

1. A metropolitan community is hereby established under the name “Communauté métropolitaine de Québec”.

Legal status.

The Community is a legal person.

2000, c. 56, Sch. VI, s. 1.

Territory.

2. The territory of the Community comprises the territories of the municipalities listed in Schedule A.

2000, c. 56, Sch. VI, s. 2.

Head office.

3. The Community has its head office within its territory, at the place it determines.

Public notice.

Notice of the location and of any change of location of the head office must be published in the Gazette officielle du Québec and in a newspaper distributed in the territory of the Community.

2000, c. 56, Sch. VI, s. 3.

DIVISION II 
COMPOSITION AND OPERATION

§ 1. —  Council

Council.

4. The affairs of the Community are administered by a council of 17 members, composed of the following persons:

 (1) the mayor of Ville de Québec and eight persons designated by the urban agglomeration council of that city from among the members of its regular council and the councils of the other municipalities whose territory is situated in the urban agglomeration provided for in section 5 of the Act respecting the exercise of certain municipal powers in certain urban agglomerations (chapter E-20.001);

 (2) the mayor of Ville de Lévis, and four persons designated by the council of that city from among its other members;

 (3) the warden of Municipalité régionale de comté de La Côte-de-Beaupré;

 (4) the warden of Municipalité régionale de comté de La Jacques-Cartier;

 (5) the warden of Municipalité régionale de comté de L'Île-d'Orléans.

2000, c. 56, Sch. VI, s. 4; 2005, c. 50, s. 37; 2008, c. 18, s. 63.

Chair.

5. The mayor of Ville de Québec is the chair of the Community.

2000, c. 56, Sch. VI, s. 5.

Vice-chair.

6. The council shall designate its vice-chair.

Replacement of chair.

The vice-chair of the council shall replace the chair when the latter is unable to act or where the office of chair is vacant.

2000, c. 56, Sch. VI, s. 6.

Instrument of designation.

7. No member who is not a member by virtue of office may act as a member of the council until the secretary has received a copy of the instrument of designation.

2000, c. 56, Sch. VI, s. 7.

Expiry of term of office.

8. The expiry of the term of office of a member of the council coincides with the expiry of the term of the office held by the member at the time of his or her designation to the council of the Community, or, as the case may be, of his or her term as warden.

Continuance in office.

At the end of his or her term of office, a member of the council remains in office until a successor takes office. Where applicable, the member of the council also continues to hold office as a member of the executive committee or of a committee of the Community during that period, unless the member is replaced in that capacity before the end of that period.

2000, c. 56, Sch. VI, s. 8; 2003, c. 19, s. 171.

Resignation.

9. A member of the council, other than a member by virtue of office, may resign from the council by sending a written notice to that effect, signed by the member, to the secretary. The resignation takes effect on the date the secretary receives the notice, or on any later date specified in the notice.

2000, c. 56, Sch. VI, s. 9.

Replacement.

10. A member of the council, other than a member by virtue of office, may be replaced at any time by the council that designated the member.

2000, c. 56, Sch. VI, s. 10.

Meetings.

11. The council shall sit where the Community has its head office.

Meetings.

However, the council may fix, in its internal management by-laws, another place as its usual place of meeting.

2000, c. 56, Sch. VI, s. 11.

Schedule.

12. The council shall, before the start of each year, establish the schedule of its regular meetings by fixing the date and time of each meeting.

Non-scheduled meeting.

However, the council may decide that a regular meeting will begin at a date and time other than those indicated in the schedule, or that the council will sit at a place other than the usual place.

Executive committee.

The power provided for in the second paragraph may be exercised by the executive committee.

2000, c. 56, Sch. VI, s. 12; 2003, c. 19, s. 172.

Public notice.

13. The secretary shall give public notice, in a newspaper circulated in the territory of the Community, of its schedule and of the place where the council is to sit for each meeting.

Public notice.

The secretary must also give public notice of any regular meeting that is to be held at a place other than the place mentioned in the notice given pursuant to the first paragraph, or at a date or time other than those appearing in the schedule.

2000, c. 56, Sch. VI, s. 13.

Special meetings.

14. Every special meeting must be convened.

Regular meetings.

Every regular meeting that is to be held at a place other than the place mentioned in the schedule, or at a date or time other than those appearing in the schedule, must also be convened.

Adjournment.

A meeting that has been adjourned must be reconvened if the meeting is to continue at another place, or where the date and time of the continued meeting were fixed after the meeting was adjourned.

Waiver.

The members of the council may waive the notice of a meeting. A member's mere attendance at the meeting is a waiver, except where the member attends to object to the holding of the meeting on the ground that notice of the meeting was given irregularly.

2000, c. 56, Sch. VI, s. 14.

Time limit.

15. The time limit for giving public notice under the second paragraph of section 13 or for receipt of a notice convening a meeting may be fixed in the internal management by-laws. However, no time limit for giving public notice may be less than three days and no time limit for convening a meeting may be less than 24 hours, except where required in cases of urgency.

2000, c. 56, Sch. VI, s. 15.

Agenda.

16. The secretary shall prepare the agenda for each regular meeting and enter on it each matter submitted by the chair of the council. The internal management by-laws may prescribe the right of any other person or group determined in the by-laws to request a matter to be placed on the agenda, and set out the related conditions.

2000, c. 56, Sch. VI, s. 16.

Convening of special meetings.

17. The special meetings of the council shall be convened by the secretary at the request of the chair of the Community, the executive committee or a committee of the council, or at the request of at least five members of the council. The notice convening the meeting must state the matters for which the meeting is requested and that are to be discussed at the meeting. The notice shall constitute the agenda for the meeting.

2000, c. 56, Sch. VI, s. 17.

Chair.

18. The chair of the Community shall preside at meetings of the council.

Chair.

The chair is responsible for maintaining order and decorum at the meeting and may, for such purpose, expel any disorderly person from the place where the meeting is held.

2000, c. 56, Sch. VI, s. 18.

Vice-chair.

19. The vice-chair may preside at any meeting of the council at the request of the chair.

2000, c. 56, Sch. VI, s. 19.

Meetings public.

20. The meetings of the council are public.

Question period.

Each meeting includes a period during which the persons present may address questions to the members of the council.

Duration.

The council may, in its internal management by-laws, prescribe the duration of the question period, the time it is to take place, and the procedure to follow in addressing a question.

2000, c. 56, Sch. VI, s. 20.

Quorum.

21. Nine members constitute a quorum at meetings of the council.

Quorum.

However, on any question on jurisdiction over the planning of residual materials management, the quorum is a majority of members other than the representatives of Ville de Lévis.

2000, c. 56, Sch. VI, s. 21; 2004, c. 20, s. 125.

Vote.

22. Every member of the council present at a meeting has one vote.

2000, c. 56, Sch. VI, s. 22.

Decisions.

23. Every decision of the council is made by a 2/3 majority of the votes cast, unless another form of majority is provided for by this Act.

2000, c. 56, Sch. VI, s. 23.

By-laws.

24. The council may adopt internal management by-laws to supplement the rules set out in this Act.

2000, c. 56, Sch. VI, s. 24.

§ 2. —  Executive committee

Establishment.

25. The executive committee of the Community is hereby established.

2000, c. 56, Sch. VI, s. 25.

Members.

26. The executive committee has five members.

Members.

The members of the executive committee are

 (1) the chair of the Community;

 (2) the mayor of Ville de Lévis;

 (3) one person designated by the council of the Community from among the members of the council referred to in paragraphs 3 to 5 of section 4;

 (4) one person designated by the council of the Community from among the members of the council referred to in paragraph 1 of section 4;

 (5) one person designated by the council of the Community from among the other members of the council mentioned in paragraphs 1 and 2 of section 4.

2000, c. 56, Sch. VI, s. 26.

Chair.

27. The chair of the Community is the chair of the executive committee.

Vice-chair.

The mayor of Ville de Lévis is the vice-chair of the executive committee.

2000, c. 56, Sch. VI, s. 27.

Resignation.

28. Any designated member of the executive committee may resign from the executive committee by sending a written notice to that effect, signed by the member, to the secretary. The resignation takes effect on the date the secretary receives the notice, or on any later date specified in the notice.

2000, c. 56, Sch. VI, s. 28.

Regular meetings.

29. The regular meetings of the executive committee are held at the place and on the days and at the times fixed in the internal management by-laws adopted by the council.

Special meetings.

The special meetings of the executive committee are held at the place, on the days and at the times fixed by the person who requested the convening of the meeting.

2000, c. 56, Sch. VI, s. 29.

Conduct of meetings.

30. The chair of the executive committee shall convene and preside at meetings of the executive committee and ensure that they are properly conducted.

Special meeting.

The internal management by-laws adopted by the council may provide that a special meeting of the executive committee may also be convened at the request of a number of members of the executive committee fixed in the by-laws and that shall not be less than three.

2000, c. 56, Sch. VI, s. 30.

Replacement of chair.

31. The vice-chair replaces the chair where the latter is unable to act or where the office of chair is vacant. The vice-chair may also preside at a meeting of the executive committee at the request of the chair.

2000, c. 56, Sch. VI, s. 31.

Electronic means.

32. Any member of the executive committee who is not present at the place where a meeting is held may take part in the meeting by means of electronic communications equipment.

Communications equipment.

However, the communications equipment must enable every person using the equipment or attending the meeting to hear clearly everything that is said by another person in an audible and intelligible voice.

Member deemed present.

Every member participating in such manner in a meeting is deemed to be present at the meeting.

2000, c. 56, Sch. VI, s. 32.

Meetings closed to public.

33. The meetings of the executive committee are closed to the public.

Meetings in public.

However, the executive committee sits in public

 (1) in the cases provided for in the internal management by-laws of the Community;

 (2) for all or part of a meeting if the executive committee so decides.

2000, c. 56, Sch. VI, s. 33.

Quorum.

34. A majority of members constitutes a quorum at meetings of the executive committee.

Quorum.

However, on any question on jurisdiction over the planning of residual materials management, the quorum is a majority of members other than the representatives of Ville de Lévis.

2000, c. 56, Sch. VI, s. 34; 2004, c. 20, s. 126.

Vote.

35. Each member of the executive committee present at a meeting has one vote.

2000, c. 56, Sch. VI, s. 35.

Decisions.

36. Each decision is made by a simple majority vote.

2000, c. 56, Sch. VI, s. 36.

Power to act.

37. The executive committee acts for the Community in all cases in which a provision, adopted under section 38, of the internal management by-laws assigns the power to perform the act to the executive committee.

Opinion.

The executive committee gives the council its opinion on any matter, where required to do so under a provision in the by-laws, at the request of the council or on its own initiative.

Opinion.

The opinion of the executive committee does not bind the council. Failure to submit an opinion required under the internal management by-laws or by the council does not restrict the council's power to consider and vote on the matter.

2000, c. 56, Sch. VI, s. 37.

Delegation.

38. The council may, in the internal management by-laws, determine any act within its jurisdiction and which it has the power or the duty to perform, that it delegates to the executive committee, and prescribe the terms and conditions of the delegation.

Restriction.

However, the following powers may not be delegated:

 (1) the power to adopt a budget, a three-year capital expenditure program or a document under the Act respecting land use planning and development (chapter A-19.1);

 (2) the power to designate a person to a position that may only be held by a member of the council;

 (3) the authority to exercise the powers mentioned in sections 61 and 62.

Opinion.

The council may also, in the internal management by-laws, determine any matter on which the executive committee must give its opinion to the council, and prescribe the terms and conditions of consultation. The internal management by-laws may also prescribe the conditions on which a member of the council may request the executive committee to report to the council on any matter within the jurisdiction of the executive committee.

2000, c. 56, Sch. VI, s. 38.

Expenditure exceeding $25,000.

38.1. Where the council delegates to the executive committee the power to enter into contracts, the executive committee shall table, at each regular meeting of the council, a list of all contracts involving an expenditure exceeding $25,000 it has entered into since the last meeting at which it tabled such a list.

Expenditure exceeding $2,000.

The executive committee shall also table a list of all contracts involving an expenditure exceeding $2,000 entered into by the executive committee since the beginning of the fiscal year, with the same contracting party if those contracts involve a total expenditure exceeding the applicable amount under the first paragraph. The executive committee shall, after such tabling and until the end of the fiscal year, table at each regular meeting of the council a list of all contracts involving an expenditure exceeding $2,000 it has entered into with the same contracting party since the last meeting at which it tabled such a list.

List of contracts.

The executive committee shall also table a list of the contracts referred to in the first and second paragraphs but entered into by an employee to whom the executive committee delegated its power to enter into contracts under section 39.

Content of list.

The list shall indicate, for each contract, the name of the contracting party, the amount of the consideration and the object of the contract.

2002, c. 37, s. 131.

Internal management by-law.

39. The executive committee may adopt an internal management by-law concerning its meetings and the conduct of its affairs. The by-law may also, if permitted by the internal management by-laws of the Community, enable the executive committee to delegate to any employee of the Community the power to authorize expenditure and enter into contracts on behalf of the Community, on the conditions determined by the executive committee and in accordance with the rules and restrictions applicable to the Community.

2000, c. 56, Sch. VI, s. 39.

Decision on powers.

40. A decision by the council to delegate a power to or withdraw a power from the executive committee must be supported by a majority of 2/3 of the votes of the members of the council.

Majority.

However, if the majority required for the exercise of a power by the council is greater than the majority required under the first paragraph, the greater majority applies to the decision of the council to delegate that power to the executive committee.

2000, c. 56, Sch. VI, s. 40; 2002, c. 77, s. 53.

§ 3. —  Committees of the Community

Committees.

41. The council may establish committees with the number of members it specifies.

2000, c. 56, Sch. VI, s. 41.

Members of committee.

42. The council designates the members of the committee from among its members and the members of the councils of the local municipalities whose territory is situated within the territory of the Community. The council may replace the members at any time.

Chair and vice-chair.

The council designates the chair and vice-chair from among the members of the committee.

Continuance in office.

At the end of his or her term of office on the council of a local municipality, a committee member who does not sit on the council of the Community remains in office until replaced.

2000, c. 56, Sch. VI, s. 42; 2002, c. 37, s. 133; 2003, c. 19, s. 173.

Incompatibility.

43. The office of chair of the Community or vice-chair of the council is incompatible with the positions of chair and vice-chair of a committee.

2000, c. 56, Sch. VI, s. 43.

Date of resignation.

44. If a member of a committee resigns, the member's term of office ends on the date the secretary of the Community receives a written notice to that effect, signed by the member, or on any later date specified in the notice.

2000, c. 56, Sch. VI, s. 44.

End of term.

45. The term of the chair and of the vice-chair of a committee ends on the date on which the person concerned becomes the holder of a position that is incompatible with the position of chair or vice-chair of a committee.

2000, c. 56, Sch. VI, s. 45.

Function of committees.

46. The function of a committee is to examine any matter determined by the council that is within the jurisdiction of the Community. The committee makes the recommendations it considers appropriate to the council.

Recommendations.

The executive committee may also request a committee established by the council to examine a matter within the executive committee's jurisdiction. In such a case the committee makes the recommendations it considers appropriate to the executive committee rather than to the council.

2000, c. 56, Sch. VI, s. 46.

Meetings.

47. The meetings of a committee are public and section 20 applies, with the necessary modifications, to a meeting held by a committee. However, the council may, in the internal management by-laws, determine the cases in which the meetings of a committee are closed to the public.

Chair of Community.

The chair of the Community may attend any meeting of a committee without being a member of that committee. The chair may be heard at the meeting, but may not vote.

2000, c. 56, Sch. VI, s. 47.

Notice.

48. The secretary of the Community shall cause prior notice of each meeting of a committee to be published in a newspaper circulated in the territory of the Community.

2000, c. 56, Sch. VI, s. 48.

Chair.

49. The chair of a committee directs its activities and presides at its meetings.

2000, c. 56, Sch. VI, s. 49.

Vice-chair.

50. The vice-chair replaces the chair if the latter is unable to act.

2000, c. 56, Sch. VI, s. 50.

Decisions.

51. Each member of a committee has one vote. The decisions of the committee are made by a simple majority vote.

2000, c. 56, Sch. VI, s. 51.

Report.

52. The committee reports on its work and decisions in a report signed by its chair or the majority of its members.

Report.

The report is sent to the chair of the Community, who tables it before the council or, if the decision recommended is within the jurisdiction of the executive committee, before the executive committee.

2000, c. 56, Sch. VI, s. 52.

Effect.

53. No report of a committee has effect unless it is ratified or adopted by the council or, as the case may be, by the executive committee.

2000, c. 56, Sch. VI, s. 53.

Annual report.

54. The internal management by-laws of the council may require a committee to forward to the council every year, at the time determined by the council, a report of its activities during the preceding fiscal year.

2000, c. 56, Sch. VI, s. 54.

DIVISION III 
SALARIES, ALLOWANCES AND OTHER CONDITIONS

Remuneration and allowance.

55. The council shall fix, by by-law, the remuneration and allowance of its members. The by-law may grant remuneration and an allowance to the members of a committee who do not sit on the council of the Community. The remuneration and allowance are paid by the Community.

Additional remuneration.

The remuneration may include, in addition to the base remuneration, an additional remuneration for the offices of chair and vice-chair of the council, of chair, vice-chair or member of the executive committee or of a committee and for any other position occupied by a member within a body of the Community.

Effect.

The by-law may have effect retroactively to 1 January preceding its coming into force.

2000, c. 56, Sch. VI, s. 55; 2003, c. 19, s. 174.

Failure to attend.

56. The council may, in the by-law adopted under section 55, prescribe the conditions on which the failure of a member to attend a meeting of the council, the executive committee or any other committee on which the member sits entails a reduction in the member's remuneration or allowance, and prescribe the rules for computing the reduction.

2000, c. 56, Sch. VI, s. 56; 2003, c. 19, s. 175.

Expenses.

57. No member of the council, the executive committee or any other committee may, as part of that member's duties, perform any act involving expenses chargeable to the Community except with the prior authorization of the council to perform the act and incur, as a result, expenses not exceeding the amount set by the council.

Reimbursement.

The Community shall reimburse the member for expenses incurred in keeping with the authorization, once the council has approved the reimbursement on receipt of a statement and supporting documents.

2000, c. 56, Sch. VI, s. 57; 2003, c. 19, s. 176.

Tariff.

58. The council may establish a tariff applicable to cases where expenses are incurred on behalf of the Community by a member of the council, the executive committee or any other committee. If such a tariff is in force, the prior authorization required under section 57 for an act covered by the tariff is limited to the authorization to perform the act, without reference to the maximum amount of expenses allowed.

Approval of payment.

Payment of an amount provided for in the tariff for an expense referred to in the first paragraph shall be approved by the council, executive committee or council committee, as the case may be, upon receipt of a statement and the supporting document required by the council.

2000, c. 56, Sch. VI, s. 58; 2003, c. 19, s. 177.

Appropriations.

59. The council may provide sufficient appropriations in the budget of the Community for the reimbursement of a class of expenses which the members of the council, the executive committee or any other committee may incur on behalf of the Community during the fiscal year, whether such expenses are actually incurred or provided for in the tariff.

Authorization and maximum amount.

The prior authorization required under section 57 for an act included in a class for which appropriations are provided in the budget is limited to the authorization to perform the act, without reference to the maximum amount of expenses allowed. This maximum amount is deemed to be the balance of the appropriations provided for that class of acts after subtracting previous reimbursements or, as the case may be, the amount provided for in the tariff for that act.

Unforeseen expenses.

If all the appropriations for a fiscal year have been used, the council may appropriate, for the purposes provided for in this section, all or part of the balance of the sums provided for in the budget to cover unforeseen administrative expenses.

2000, c. 56, Sch. VI, s. 59; 2003, c. 19, s. 178.

Application.

60. Sections 57 to 59 apply in respect of acts performed or expenses incurred while the member is representing the Community, otherwise than in the course of the work of the council, the executive committee or any other committee or while the member is participating in any convention, seminar or other event held for the purpose of providing information or training relevant to the performance of a member's duties.

Application.

Those sections also apply in respect of acts performed or expenses incurred, for meals, in connection with a meeting of the council, the executive committee or any other committee, or in connection with any meeting held for the purposes of such a meeting, provided that no member was excluded from the meeting for any reason other than the member's disqualification.

2000, c. 56, Sch. VI, s. 60; 2003, c. 19, s. 179.

DIVISION IV 
ADMINISTRATIVE DEPARTMENTS AND EMPLOYEES

Appointments.

61. The council shall appoint a director general, a secretary and a treasurer.

Exclusive service.

No person may be appointed permanently to fill any position provided for in this section or in section 62 if the person remains in the employ of a municipality whose territory is situated within the territory of the Community.

Duties.

The council may define the duties of a person holding such a position that are not determined by this Act, or add any other duty to those determined by this Act.

Appointment to more than one position.

The council may appoint a single person to hold more than one position referred to in the first paragraph. The person shall have the same rights, powers and privileges and shall be liable to the same obligations and penalties as those determined and prescribed for the positions in respect of which the person is appointed.

2000, c. 56, Sch. VI, s. 61; 2001, c. 68, s. 207.

Departments.

62. The council may create, by by-law, the various departments of the Community and determine the scope of their activities; the council shall appoint, by resolution, the heads and assistant heads of the departments, and define their duties.

Title.

The official title of the head of the department designates the assistant head when the latter acts in the place of the head.

2000, c. 56, Sch. VI, s. 62.

Majority.

63. An absolute majority of the votes of the members of the council is required in order that the council may dismiss, suspend without pay or reduce the salary of an employee who is not an employee within the meaning of the Labour Code (chapter C-27) and who has held a position for at least six months or has held, within the Community, a position the holder of which is not an employee within the meaning of that Code.

2000, c. 56, Sch. VI, s. 63.

Service of resolution.

64. A resolution dismissing, suspending without pay or reducing the salary of an employee referred to in section 63 shall be served on the employee in the same manner as a summons under the Code of Civil Procedure (chapter C-25).

Complaint.

A person on whom a measure described in the first paragraph is imposed may, within 30 days following service of the resolution, file a complaint in writing with the Commission des relations du travail established by the Labour Code (chapter C-27) to make an inquiry and dispose of the complaint.

2000, c. 56, Sch. VI, s. 64; 2001, c. 25, s. 483; 2001, c. 26, s. 195.

Provisions applicable.

65. The provisions of the Labour Code (chapter C-27) respecting the Commission des relations du travail, its commissioners, their decisions and the exercise of their jurisdiction, and section 100.12 of the Code apply with the necessary modifications, except sections 15 to 19.

2000, c. 56, Sch. VI, s. 65; 2001, c. 26, s. 196.

Powers of the Commission.

66. The Commission may

 (1) order the Community to reinstate the employee;

 (2) order the Community to pay to the employee an indemnity up to a maximum equivalent to the salary the employee would normally have received had there been no such measure;

 (3) render any other decision the labour commissioner believes fair and reasonable, taking into account all the circumstances of the matter, and in particular order the Community to pay to the employee compensation up to a maximum equivalent to the amount the employee disbursed to exercise the recourse.

2000, c. 56, Sch. VI, s. 66; 2001, c. 25, s. 484; 2001, c. 26, s. 197.

67. (Repealed).

2000, c. 56, Sch. VI, s. 67; 2001, c. 26, s. 198.

Application.

68. Sections 63 to 66 do not apply to a suspension without pay unless

 (1) the suspension is for more than 20 working days, or

 (2) the suspension, whatever its duration, occurs within 12 months after the expiry of a suspension without pay for more than 20 working days.

2000, c. 56, Sch. VI, s. 68; 2001, c. 26, s. 199.

Conflict of interest.

69. No employee may, on pain of forfeiture of office, have any direct or indirect interest in an enterprise causing the employee's personal interest to conflict with the duties of the employee's department or function.

Conflict of interest.

If such an interest devolves by succession or gift, the employee must renounce or dispose of it with all possible dispatch.

2000, c. 56, Sch. VI, s. 69.

Permanent employment.

70. No member of the council of a municipality whose territory is situated within the territory of the Community may hold regular or permanent employment with the Community, under pain of forfeiture of office.

Temporary employment.

Such a member who holds temporary or casual employment cannot sit on the council.

2000, c. 56, Sch. VI, s. 70.

Personnel.

71. The director general shall direct the personnel of the Community.

Director general.

The director general has authority over the employees of the Community. With respect to an employee whose duties are provided for by law, the authority of the director general is exercised only within the framework of the director general's duty to manage the human, material and financial resources of the Community and may in no case hinder the carrying out of duties provided for by law.

Director general.

The director general may suspend an employee. The director general shall immediately report the suspension to the council. The council shall decide the case of the suspended employee, after making an inquiry.

2000, c. 56, Sch. VI, s. 71.

Administration of Community.

72. The director general is responsible for the administration of the Community and, for that purpose, plans, organizes, directs and supervises its activities.

2000, c. 56, Sch. VI, s. 72.

Director general.

73. For the purposes of sections 71 and 72, the director general shall, in particular,

 (1) ensure communication between the council, the executive committee and any other committee, and the employees of the Community; for that purpose, the director general shall have access to every document of the Community and may require any document or information from any employee;

 (2) prepare the budget and the Community's program of capital expenditures and the plans, programs and projects needed to ensure the orderly functioning of the Community, with the collaboration of the heads of departments and the other employees of the Community;

 (3) examine the complaints and claims against the Community;

 (4) examine the draft by-laws of the Community;

 (5) submit, to the council, the budgets, programs of capital expenditures, plans, programs and projects the director general has prepared, together with observations and recommendations concerning the complaints, claims and draft by-laws examined by the director general;

 (6) report, to the council, on any matter the director general believes should be brought to its attention to ensure the sound management of public funds, the progress of the Community and the welfare of its citizens; the director general shall, where expedient, add his or her personal opinions or recommendations to the record of any matter submitted to the council, the executive committee or any other committee;

 (7) attend the meetings of the council, the executive committee and any committee and, with the permission of the chair of the meeting, give advice and present recommendations on the matters debated, without having the right to vote;

 (8) ensure that the by-laws and decisions of the Community are implemented and, particularly, ensure that funds are used for the purposes for which they were voted;

 (9) exercise any other power relating to the direction of the affairs and activities of the Community and the management of its personnel that is assigned to the director general in the internal management by-laws.

2000, c. 56, Sch. VI, s. 73.

Secretary.

74. The secretary of the Community shall have custody of the seal and records of the Community, and shall direct the secretary's department.

Secretary.

The secretary shall attend every meeting of the council and of the executive committee.

2000, c. 56, Sch. VI, s. 74.

Treasurer.

75. The treasurer shall direct the treasury department.

2000, c. 56, Sch. VI, s. 75.

Oaths.

76. The department heads and their assistants may, in performing their duties, administer the same oath as a commissioner for oaths appointed under the Courts of Justice Act (chapter T-16).

2000, c. 56, Sch. VI, s. 76.

DIVISION V 
BY-LAWS, RESOLUTIONS, MINUTES AND OTHER DOCUMENTS OF THE COMMUNITY

Approval.

77. Where the various matters dealt with in a single by-law require approval before coming into force, approval need not be given separately for each matter, but may be given to the by-law as a whole.

2000, c. 56, Sch. VI, s. 77.

Approval.

78. Where any provision of this Act or of an other Act provides that a by-law must receive approval, the by-law may not be published or come into force until it has received that approval.

Certificate.

In such a case, a certificate signed by the chair of the Community and the secretary, attesting the date of each approval given, must accompany and forms part of the original of such by-law.

2000, c. 56, Sch. VI, s. 78.

Effect.

79. The approval of a by-law or other proceeding of the council by the Government or the Minister, body or person whose approval is required has no other effect than that of rendering such by-law or proceeding executory from its coming into force. Authorization may be given in place of approval.

Partial approval.

Approval may be partial or qualified.

2000, c. 56, Sch. VI, s. 79.

Book of by-laws.

80. The original of every by-law in its entirety shall be registered in a special book entitled “Book of the by-laws of the Communauté métropolitaine de Québec”.

Entry of notice.

The secretary shall also enter in such book, at the end of every by-law registered therein, a copy of the notice of publication of such by-law, certified by the secretary.

Custody.

The secretary is the custodian of the by-laws of the Community.

2000, c. 56, Sch. VI, s. 80.

Certification.

81. To be official, the original of a by-law or resolution must be certified by the chair of the Community and by the secretary.

2000, c. 56, Sch. VI, s. 81.

Coming into force.

82. Except where otherwise provided by law, every by-law of the Community shall come into force, if not otherwise provided for in the by-law, on the date of publication.

2000, c. 56, Sch. VI, s. 82.

Public notice.

83. Every by-law shall be published, after being passed or receiving final approval in the case where it has been submitted for one or more approvals, by a public notice, signed by the secretary, posted up at the office of the Community and by insertion in a newspaper circulated in the territory of the Community, mentioning the object of the by-law, the date on which it was passed, and the place where communication thereof may be had.

Mention in notice.

If the by-law has received one or more approvals, the notice of publication shall mention the date and the fact of each approval.

2000, c. 56, Sch. VI, s. 83.

Public law.

84. Every by-law passed by the Community is considered to be a public law and it shall not be necessary to allege it specially.

2000, c. 56, Sch. VI, s. 84.

Copies authentic.

85. A copy of a by-law or resolution is authentic when certified by the secretary or the person responsible for access to the documents of the Community.

2000, c. 56, Sch. VI, s. 85.

Minutes.

86. The minutes of the council and of the executive committee, approved and certified by the chair of the Community, the vice-chair or the secretary, or by another member of the personnel of the Community authorized to do so, are official. The same applies to documents emanating from the Community or forming part of its records, when certified by such a person.

Copies.

A copy of a minute or other official document is authentic when certified by the secretary or by the person responsible for access to the documents of the Community.

2000, c. 56, Sch. VI, s. 86.

Facsimile of signature.

87. The facsimile of the signature of the director general, the secretary or the treasurer of the Community on a document that such a person is authorized to sign has the same effect as the signature itself, if the use of a facsimile is authorized by the council.

Exception.

The first paragraph does not apply to the certification of a by-law or a resolution passed by the council or, as the case may be, by the executive committee.

2000, c. 56, Sch. VI, s. 87.

Access to documents.

88. The books, registers and documents forming part of the records of the Community may be consulted, during regular working hours, by any person requesting to do so.

2000, c. 56, Sch. VI, s. 88.

Copies.

89. The person in charge of access to the documents of the Community must deliver copies or extracts of the books, registers or documents forming part of the records of the Community to any person who so requests.

2000, c. 56, Sch. VI, s. 89.

CHAPTER II 
POWERS OF THE COMMUNITY

Agreements.

90. The Community may, subject to the applicable legislative provisions, make agreements respecting the exercise of its jurisdiction with a person, a government, a government department, an international organization, an agency of a government or international organization, or any other public body. It may then carry out such agreements and exercise the rights and fulfil the obligations arising therefrom, even outside its territory.

Procedure.

However, to make an agreement with a municipality of Québec, the Community shall proceed in accordance with sections 114 to 116.

2000, c. 56, Sch. VI, s. 90.

Agreement.

91. The Community may make an agreement with the Government under which certain responsibilities, defined in the agreement, that are assigned by an Act or regulation to the Government, to a Minister or to a government body, are transferred to the Community on an experimental basis.

Conditions.

The agreement shall set out the conditions governing the exercise of the responsibility to which it applies, including the duration thereof, and, where applicable, provide for the renewal of the agreement and determine the rules relating to the financing required for its implementation.

2000, c. 56, Sch. VI, s. 91.

Agreement.

92. The Community may join with any municipality or any other community for the purposes of an agreement with the Government under section 91.

2000, c. 56, Sch. VI, s. 92.

Agreement.

93. An agreement under section 91 shall prevail over any inconsistent provision of a general law or special Act or of any regulation thereunder.

2000, c. 56, Sch. VI, s. 93.

Expropriation.

94. The Community may acquire by expropriation any immovable, within or without its territory, which it may require for the attainment of its objects.

2000, c. 56, Sch. VI, s. 94.

Presumption.

95. For the purposes of the Act respecting municipal taxation (chapter F-2.1), an immovable is deemed to belong to the Community upon the Community's taking possession of it in accordance with the Expropriation Act (chapter E-24).

2000, c. 56, Sch. VI, s. 95.

Resolution.

96. When the council of the Community adopts a resolution stating its intention to expropriate an immovable or establish a reserve for public purposes on an immovable, the secretary of the Community shall send forthwith to the local municipality concerned a true copy of the resolution.

Issue of permit prohibited.

After receiving the resolution and for a period of six months following the adoption of the resolution, the municipality shall not, except where urgent repairs are required, issue a permit or certificate for a structure, alteration or repair in respect of the immovable.

2000, c. 56, Sch. VI, s. 96.

Indemnity.

97. No indemnity may be granted for buildings erected on or improvements or repairs, other than authorized urgent repairs, made to the immovable, for the duration of the prohibition. However, the Administrative Tribunal of Québec may grant an indemnity in the manner provided in Title III of the Expropriation Act (chapter E-24).

2000, c. 56, Sch. VI, s. 97.

Notice.

98. The secretary shall publish every month, in a newspaper circulated in the territory of the Community, a notice describing each property of a value greater than $10,000 that was alienated by the Community during the preceding month otherwise than by auction or by public tender. The notice shall mention the price of alienation and the identity of the purchaser.

2000, c. 56, Sch. VI, s. 98.

Estimate by the Community.

98.1. If a contract involves an expenditure of $100,000 or more, the Community must establish an estimate of the price before any tenders are opened or the contract is entered into.

2010, c. 1, s. 35.

98.2. The Community must publish and keep up to date, on the internet, a list of the contracts it enters into that involve an expenditure of $25,000 or more. However, employment contracts need not be included in the list.

The list must be updated at least once a month. It must contain, in respect of each contract, the following information:

 (1) if the contract involves an expenditure of $100,000 or more, the price of the contract as estimated by the Community in accordance with section 98.1;

 (2) the price of the contract, the name of the person with whom it was entered into and, if the contract contains a renewal option, the total expenditure that would be incurred if all the options were exercised; and

 (3) the object of the contract.

If the contract is subject to a rule governing the awarding of contracts set out in section 99 or in the regulation made under section 105.1 or 106.1, the list must also contain

 (1) the name of each tenderer;

 (2) the amount of each tender; and

 (3) the identification of any tender, lower than the accepted tender, that was considered non-compliant.

If the contract is entered into by mutual agreement, the list must mention, if applicable, the legislative provision or the provision of the regulation made under section 105.1 under which the contract could be awarded without a call for tenders.

In all cases, the list must also state, as soon as possible after the execution of the contract, the total expenditure actually incurred.

The information required under the second, third, fourth and fifth paragraphs with respect to a contract must remain on the Internet for at least three years after the date on which the information required under the fifth paragraph is posted.

2010, c. 1, s. 35; 2010, c. 18, s. 66; 2010, c. 42, s. 12.

Electronic tendering system.

98.3. The list described in section 98.2 must be published by means of the electronic tendering system approved by the Government for the purposes of the Act respecting contracting by public bodies (chapter C-65.1).

List on Community's website.

The Community must also permanently post on its website a statement concerning the publication requirement under the first paragraph and a hyperlink to the list.

2010, c. 1, s. 35; 2010, c. 18, s. 67.

98.4. (Repealed).

2010, c. 1, s. 35; 2010, c. 18, s. 68.

Contracts.

99. The following contracts may be awarded only in accordance with section 101 if they involve an expenditure of $100,000 or more:

 (1) insurance contracts;

 (2) contracts for the performance of work;

 (3) contracts for the supply of materials or equipment, including contracts for the lease of equipment with an option to purchase;

 (4) contracts for the providing of services other than professional services

(a)  referred to in section 105.2;

(b)  necessary for the purposes of a proceeding before a tribunal, a body or a person exercising judicial or adjudicative functions.

Contracts.

Contracts covered by any of the subparagraphs of the first paragraph or by section 105.2 may be awarded only in accordance with section 100 if they involve an expenditure of at least $25,000 and of less than $100,000.

2000, c. 56, Sch. VI, s. 99; 2001, c. 25, s. 485; 2001, c. 68, s. 208; 2002, c. 37, s. 134; 2003, c. 19, s. 180; 2006, c. 60, s. 52.

100. Any contract involving an expenditure of less than $100,000, from among the contracts referred to in the second paragraph of section 99, may be awarded only after a call for tenders, by way of written invitation, to at least two insurers, contractors or suppliers, as the case may be.

The first sentence of the fourth paragraph and the eighth, ninth and tenth paragraphs of section 101 apply to the awarding of a contract referred to in the first paragraph of this section.

2000, c. 56, Sch. VI, s. 100; 2001, c. 25, s. 486; 2002, c. 37, s. 135; 2012, c. 30, s. 14.

101. Any contract involving an expenditure of $100,000 or more, from among the contracts referred to in the first paragraph of section 99, may be awarded only after a call for tenders by way of an advertisement published in a newspaper circulated in the territory of the Community.

A call for public tenders for a construction, supply or services contract must

 (1) be published by means of the electronic tendering system approved by the Government for the purposes of the Act respecting contracting by public bodies (chapter C-65.1) and in a newspaper circulated in the territory of the Community or, if there is no such newspaper, in a publication specialized in the field and sold mainly in Québec; and

 (2) provide that any document to which it refers and any additional related document may only be obtained by means of that system.

For the purposes of the second paragraph,

 (1) “construction contract” means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work, including site preparation, excavation, drilling, seismic investigation, the supply of products and materials, equipment and machinery if these are included in and incidental to a construction contract, as well as the installation and repair of fixtures of a building, structure or other civil engineering work;

 (2) “supply contract” means a contract for the purchase, lease or rental of movable property that may include the cost of installing, operating and maintaining property;

 (3) “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services.

The time limit for receipt of tenders must not be less than eight days. However, in the case of tenders in relation to a contract referred to in the second paragraph, the time limit for the receipt of tenders must not be less than 15 days.

A call for public tenders may provide that the Community reserves the right to reject any tender from a contractor or supplier having received an unsatisfactory performance assessment in the two years before the tender opening date.

For the purposes of the fifth paragraph, the Community may only use an unsatisfactory performance assessment if the assessment meets the following conditions:

 (1) it relates to the carrying out of a contract awarded by the Community;

 (2) it was carried out by the person designated for that purpose by the council;

 (3) it is included in a report a copy of which was sent to the contractor or supplier not later than the 60th day after the termination of the contract concerned;

 (4) the contractor or supplier was given at least 30 days after receiving a copy of the report referred to in subparagraph 3 to submit comments in writing to the Community; and

 (5) after any comments submitted under subparagraph 4 have been examined, it is a final assessment, having been approved by the council of the Community not later than the 60th day after receipt of those comments or, if no comments were submitted, after the expiry of the period specified in subparagraph 4 for submitting comments. A certified copy of the approved assessment must be sent to the contractor or supplier.

A call for public tenders in relation to a contract referred to in the second paragraph may also provide that only tenders meeting one of the following conditions will be considered:

 (1) the tenders are submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a territory covered by an intergovernmental agreement on the opening of public procurement applicable to the Community; or

 (2) the goods concerned are produced in a territory comprising Québec and any territory referred to in subparagraph 1.

Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and until the opening of tenders, no member of the council or employee of the Community may disclose information that may be used to determine the number of persons or the identity of the persons who have submitted a tender or requested a copy of the call for tenders, of a document to which it refers or of an additional related document. The prohibition with respect to disclosing information also applies to the operator of the electronic tendering system described in the second paragraph and the operator's employees, except with respect to information that may be used to determine the identity of a person who requested a copy of any of those documents, provided that person expressly authorized the operator to disclose such information. Tenders may not be called for nor may the contracts resulting therefrom be awarded except on a fixed price or unit price basis.

All tenders must be opened publicly in the presence of at least two witnesses, on the date and at the time and place mentioned in the call for tenders. All tenderers may be present at the opening of the tenders. The names of the tenderers and their respective prices must be declared aloud on the opening of the tenders.

Subject to sections 102 and 102.1, the Community may not, without the prior authorization of the Minister, award the contract to any person other than the person who submitted the lowest tender within the prescribed time. However, where it is necessary, to comply with the conditions for a government grant, that the contract be awarded to a person other than the person who submitted the lowest tender within the prescribed time, the Community may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the tenders submitted within the prescribed time that fulfil the conditions for the grant.

2000, c. 56, Sch. VI, s. 101; 2001, c. 68, s. 209; 2002, c. 37, s. 136; 2009, c. 26, s. 37; 2010, c. 18, s. 69; 2010, c. 1, s. 36; 2010, c. 18, s. 69; 2012, c. 30, s. 15.

101.1. The Minister shall draw up a guide setting out the elements that may be considered in carrying out a performance assessment referred to in the sixth paragraph of section 101.

The guide is made available to the public in the manner determined by the Minister.

2012, c. 30, s. 16.

102. Subject to section 102.1, the Community may choose to use a system of bid weighting and evaluating whereby each bid obtains a number of points based on the price as well as on the quality or quantity of goods, services or work, the delivery procedure, servicing, the experience and financial capacity required of the insurer, supplier or contractor or on any other criteria directly related to the procurement.

Where the Community chooses to use such a system, the call for tenders or any document to which it refers shall mention all the requirements and all criteria that will be used for evaluating the bids, as well as the weighting and evaluation methods based on those criteria.

In such a case, the Community shall not award the contract to a person other than the person whose bid was received within the time fixed and obtained the highest score.

For the purposes of the last sentence of the tenth paragraph of section 101, the bid having obtained the highest score shall be considered to be the lowest tender.

2000, c. 56, Sch. VI, s. 102; 2002, c. 37, s. 137; 2012, c. 30, s. 17.

102.1. Where a contract for professional services is to be awarded, the Community must use a system of bid weighting and evaluating whose establishment and operation are consistent with the following rules:

 (1) the system must have a minimum of four evaluation criteria in addition to price;

 (2) the system must provide for the maximum number of points that may be assigned to a tender for each of the criteria other than price; that number may not be greater than 30 out of a total of 100 points that may be assigned to a tender for all the criteria;

 (3) the Community shall establish a selection committee consisting of at least three members, other than council members, which must

(a)  evaluate each tender without knowing the price;

(b)  assign a number of points to the tender for each criterion ;

(c)  establish an interim score for each tender by adding the points obtained for all the criteria;

(d)  as regards the envelopes containing the proposed price, open only those envelopes from persons whose tender has obtained an interim score of at least 70, and return the other envelopes unopened to the senders, notwithstanding the ninth paragraph of section 101;

(e)  establish the final score for each tender that has obtained an interim score of at least 70, by dividing the product obtained by multiplying the interim score increased by 50 by 10,000, by the proposed price.

The call for tenders or a document to which it refers must mention all the requirements and all the criteria that will be used to evaluate the bids, in particular the minimum interim score of 70, and the bid weighting and evaluating methods based on those criteria. The call for tenders or the document, as the case may be, must specify that the tender is to be submitted in an envelope containing all the documents and an envelope containing the proposed price.

The Community shall not award the contract to a person other than

 (1) the person whose bid was received within the time fixed and obtained the highest final score, subject to subparagraphs 2 and 3;

 (2) where subparagraph 1 applies to more than one person, the person tendering the lowest price, subject to subparagraph 3;

 (3) where subparagraph 2 applies to more than one person, the person favoured by a drawing of lots.

For the purposes of the second sentence of the tenth paragraph of section 101, the tender of the person determined under the third paragraph shall be considered to be the lowest tender.

The Community may adopt a by-law delegating the power to establish a selection committee to an employee and setting the conditions and procedures for the exercise of the delegated power.

Where a contract not covered by the first paragraph is to be awarded, the Community may choose to use a system whose establishment and operation are consistent with the rules set out in that paragraph. In such a case, the second, third, fourth and fifth paragraphs apply.

2002, c. 37, s. 138; 2006, c. 60, s. 53; 2012, c. 30, s. 18.

103. The Community may establish a qualification process which shall not discriminate on the basis of the province or country of origin of the goods, services, insurers, suppliers or contractors.

However, where the Community establishes a qualification process solely for the purpose of awarding a contract referred to in the second paragraph of section 101, the process may discriminate as permitted in the case of a call for public tenders in relation to such a contract under the seventh paragraph of section 101.

The Community shall invite the interested parties to obtain their qualification or the qualification of their goods or services, by causing the secretary to publish a notice to that effect in accordance with the rules set out in the second paragraph of section 101.

2000, c. 56, Sch. VI, s. 103; 2012, c. 30, s. 19.

Certification.

104. A call for tenders may stipulate that the goods, services, insurers, suppliers or contractors concerned by or able to satisfy the call for tenders must first be certified, qualified or registered by an organization accredited by the Standards Council of Canada or first be certified or qualified under the process provided for in section 103.

Exception.

The first paragraph does not apply where, under the process provided for in section 103, only one insurer, supplier or contractor has become qualified.

2000, c. 56, Sch. VI, s. 104.

105. Subject to the seventh and tenth paragraphs of section 101 and sections 105.1 and 106.1, no call for public tenders or document to which it refers shall discriminate on the basis of the province or country of origin of the goods, services, insurers, suppliers or contractors.

2000, c. 56, Sch. VI, s. 105; 2001, c. 25, s. 487; 2010, c. 1, s. 37; 2012, c. 30, s. 20.

105.1. The Government shall, by regulation, establish the rules relating to the awarding of a contract referred to in section 105.2.

The regulation must determine the procedure for awarding such a contract, requiring it to be awarded after a call for public tenders published in an electronic tendering system approved by the Government, after the use of a register of suppliers or according to any other procedure it specifies, including the choice of the contracting party by agreement. The regulation must also provide for the cases where the first sentence of the tenth paragraph of section 101 or subsection 7 of section 573 of the Cities and Towns Act (chapter C-19) applies to a contract covered by the regulation.

The regulation may prescribe categories of contracts, professional services, awarding procedures, amounts of expenditures or territories for calls for tenders, combine categories and make different rules according to the categories or combinations. It may also provide in which cases, when a system of bid weighting and evaluating is used, it is not necessary for price to be one of the evaluation criteria, and provide for the cases where the Community must, to award a contract, obtain the authorization or approval of the Government or one of its ministers or bodies or comply with any rules they have established governing the awarding of contracts.

Where the regulation determines that a contract is to be awarded after the use of a register of suppliers, it must designate the body responsible for the establishment of the register and for its management and financing and must set out, in particular, the rules that apply to the registration of suppliers and to their selection as suppliers who may tender.

The regulation may establish, in respect of the contracts it specifies, a rate schedule fixing the maximum hourly rate that may be paid by the Community.

2001, c. 25, s. 488; 2001, c. 68, s. 210; 2002, c. 37, s. 139; 2012, c. 30, s. 21.

105.2. A contract for the supply of services that can, under an Act or a regulation, be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered professional accountant, advocate or notary, except if the service is necessary for the purposes of a proceeding before a tribunal, a body or a person exercising judicial or adjudicative functions, if it involves an expenditure of $100,000 or more or an expenditure of less than that amount where the regulation so provides, must be awarded in accordance with the regulation under section 105.1.

2001, c. 25, s. 488; 2001, c. 68, s. 211; 2002, c. 37, s. 140; 2006, c. 60, s. 54; 2012, c. 11, s. 33.

Division of a contract.

105.3. The Community may not divide into several contracts having similar subject-matter an insurance contract or a contract for the performance of work, the supply of equipment or materials or the providing of services other than professional services necessary for the purposes of a proceeding before a tribunal, a body or a person exercising judicial or adjudicative functions unless the division is warranted on grounds of sound administration.

2001, c. 25, s. 488.

Prohibition.

105.3.1. The Community may not amend a contract awarded following a call for tenders unless the amendment is accessory and does not change the nature of the contract.

2010, c. 18, s. 70.

105.4. Sections 99 and 105.2 do not apply to a contract

 (1) whose object is the supply of equipment, materials or services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or body thereof;

 (2) whose object is the supply of insurance, equipment, materials or services and that is entered into with a non-profit organization, a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), or a supplier found, after thorough and documented verification, to be the only one in all the territories covered by an intergovernmental agreement on the opening of public procurement applicable to the Community that is in a position to provide the equipment, materials or services, or, if the object of the contract is the providing of professional services referred to in section 105.2, the only one within Québec that is in a position to provide the services;

 (3) whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or another fluid and that is entered into with the owner of the mains or installations or with a public utility, for a price corresponding to the price usually charged by an undertaking generally performing such work;

 (4) whose object is the supply of services by a supplier in a monopoly position in the field of communications, electricity or gas;

 (5) whose object is the maintenance of specialized equipment that must be carried out by the manufacturer or its representative;

 (6) whose object is the supply of bulk trucking services and that is entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12);

 (7) whose object is the supply of movable property or services related to cultural or artistic fields or the supply of subscriptions or computer software for educational purposes;

 (8) whose object is the supply of media space for the purposes of a publicity or promotional campaign; or

 (9) whose object, stemming from the use of a software package or software product, is to

(a)  ensure compatibility with existing systems, software packages or software products;

(b)  ensure the protection of exclusive rights such as copyrights, patents or exclusive licences;

(c)  carry out research and development; or

(d)  produce a prototype or original concept.

If a professional services contract for the drawing up of plans and specifications was the subject of a call for tenders, the second paragraph of section 99 and section 105.2 do not apply to a contract entered into with the designer of those plans and specifications for

 (1) their adaptation or modification for the carrying out of the work for the purposes for which they were prepared; or

 (2) the supervision of the work related to such modification or adaptation or, within the scope of a fixed-price contract, related to an extension of the duration of the work.

The second paragraph of section 99 does not apply to a contract covered by the regulation in force made under section 105.1.

2006, c. 60, s. 55; 2010, c. 18, s. 71; 2010, c. 42, s. 13.

Awarding of contracts.

106. The Minister may, on the conditions determined by the Minister, allow the Community to award a contract without calling for tenders or otherwise than in accordance with a regulation under section 105.1 or 106.1, allow the Community to award a contract after a call for tenders made by written invitation rather than by advertisement in a newspaper or rather than as required in the regulation, or allow the Community to award a contract to the winner of a design competition it holds. The Minister may, on his or her own initiative, exercise that power in respect of a class of contracts.

Intergovernmental agreement.

The first paragraph does not apply where, pursuant to the terms of an intergovernmental agreement on the opening of public procurement applicable to the Community, the tenders must be public tenders.

2000, c. 56, Sch. VI, s. 106; 2001, c. 25, s. 489; 2002, c. 37, s. 141; 2010, c. 1, s. 38; 2010, c. 18, s. 72.

Regulation.

106.1. In compliance with any applicable intergovernmental agreement on the opening of public procurement, the Government may make regulations to

 (1) determine any authorization, condition or rule relating to the awarding of contracts, in addition to those set out or provided for in this Act, to which a contract is subject;

 (2) determine the documents relating to compliance with certain Acts and regulations that a person interested in entering into a contract with the Community or a subcontract related to such a contract must hold, and the cases, conditions and manner in or on which they are to be obtained, held and filed; and

 (3) determine the regulatory provisions made under this section the violation of which constitutes an offence.

Categories of contracts.

The regulation may prescribe categories of contracts, combine categories and determine different authorizations, conditions or rules relating to the awarding of contracts, according to the categories or combinations.

The regulation may apply to any contract entered into by the Community, including a contract that is not described in any of the subparagraphs of the first paragraph of section 99 or in section 105.2.

The Minister of Revenue is responsible for the administration and carrying out of the regulatory provisions made under subparagraphs 2 and 3 of the first paragraph if so provided in the regulation. To that end, the Tax Administration Act (chapter A-6.002) applies with the necessary modifications.

An employee of the Commission de la construction du Québec, the Commission de la santé et de la sécurité du travail or the Régie du bâtiment du Québec authorized by the Minister of Revenue may exercise the functions and powers of the Minister relating to the administration and carrying out of the regulatory provisions referred to in the fourth paragraph.

2010, c. 1, s. 39; 2011, c. 18, s. 47.

106.1.1. Every person who contravenes a regulatory provision the violation of which constitutes an offence under subparagraph 3 of the first paragraph of section 106.1 is liable to a fine of $500 to $5,000.

For a second or subsequent offence, the minimum and maximum fines are doubled.

2011, c. 18, s. 48.

106.2. The Community must adopt a contract management policy.

Such a policy is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of section 99 or in section 105.2.

The contract management policy must include

 (1) measures to ensure that no tenderer or representative of a tenderer has communicated or attempted to communicate with a member of the selection committee in order to influence the member concerning the call for tenders for which the tenderer or representative submitted a tender;

 (2) measures to promote compliance with any applicable anti-bid-rigging legislation;

 (3) measures to ensure compliance with the Lobbying Transparency and Ethics Act (chapter T-11.011) and the Code of Conduct for Lobbyists (chapter T-11.011, r. 2) adopted under that Act;

 (4) measures to prevent intimidation, influence peddling and corruption;

 (5) measures to prevent conflict of interest situations; and

 (6) measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract;

 (7) measures to govern the making of decisions authorizing the amendment of a contract.

The Community must make its policy available at all times by publishing it on its website.

Not later than 30 days after the day on which the policy or any resolution amending the policy is adopted, the secretary of the Community must send a certified copy of it to the Minister.

As regards non-compliance with a measure included in the policy, section 111.2 applies only in the case of a contract for which the awarding process began after the date as of which the measure was included in the policy.

2010, c. 1, s. 39; 2010, c. 18, s. 73; 2010, c. 42, s. 14.

Movable property and services.

107. The Community may obtain any movable property or service from or through the Centre de services partagés du Québec established by the Act respecting the Centre de services partagés du Québec (chapter C-8.1.1).

Applicability.

To the extent that the terms of any intergovernmental agreement on the opening of public procurement applicable to the Community are observed, sections 99 and 105.2 and the regulation made under section 106.1 do not apply to contracts entered into by the Community with or through the Centre de services partagés du Québec in accordance with the regulations under the Act respecting contracting by public bodies (chapter C-65.1).

2000, c. 56, Sch. VI, s. 107; 2005, c. 7, s. 64; 2006, c. 60, s. 56; 2006, c. 29, s. 52; 2010, c. 1, s. 40.

Expenditures.

108. Notwithstanding sections 99 and 105.2, the chair of the council or, if the chair is absent or unable to act, the director general may, in a case of irresistible force which might endanger the life or health of the population or seriously damage or seriously interfere with the operation of the equipment of the Community, order such expenditure as the chair or the director general considers necessary and award any contract necessary to remedy the situation.

Report.

The chair, the director general or head of the department, as the case may be, shall table a report giving the reasons for the expenditure or contract at the next meeting of the council.

2000, c. 56, Sch. VI, s. 108; 2006, c. 60, s. 57.

Insurance contract.

109. Notwithstanding section 99, the council may, without being required to call for tenders, renew any insurance contract awarded following a call for tenders, provided that the total of the period covered by the original contract and the period covered by the renewal and, where applicable, by any previous renewal, does not exceed five years.

Premiums.

The premiums stipulated in the original contract may be modified for the period covered by any renewal referred to in the first paragraph.

2000, c. 56, Sch. VI, s. 109.

Leasing contract.

110. The Community may enter into a leasing contract in respect of movable property that must be acquired by tender in accordance with section 99, provided it discloses in the call for tenders that it has the option to enter into a leasing contract in respect of the property.

Notice.

Where the Community opts to enter into a leasing contract, it must give notice thereof in writing to the successful tenderer. Upon receipt of the notice, the tenderer must enter into a contract for the movable property with the lessor, which the Community shall designate in the notice, on the conditions under which the tender was accepted.

2000, c. 56, Sch. VI, s. 110.

Joint call for tenders.

111. Notwithstanding any inconsistent provision of a general law or special Act, the Community and any municipality or other supramunicipal body whose territory is situated within the territory of the Community may make a joint call for public tenders for the purpose of awarding an insurance contract or a contract for the supply of equipment or materials or the providing of services.

Leasing of equipment.

For the purposes of the first paragraph, a contract for the supply of equipment includes a contract for the lease of equipment with an option to purchase.

Public tenders.

The call for public tenders is made by the Community.

Applicable rules.

Subject to the fifth paragraph, the rules governing the awarding of contracts by the Community apply to any contract awarded following a joint call for public tenders under the first paragraph. The total amount of the expenditures incurred by all the parties under the contract must be taken into consideration when applying those rules.

Power of Minister.

To the extent that the terms of any intergovernmental agreement on the opening of public procurement applicable to the Community are observed, the Minister of Municipal Affairs, Regions and Land Occupancy may exercise the power conferred by section 106 in relation to a contract referred to in the fourth paragraph.

Restriction.

Where a municipality or a body is a party to the call for public tenders, it may not make a call for tenders or award a contract in respect of the object of the call unless the Community decides not to give effect to the call.

Acceptance binding.

Acceptance of a tender by the Community also binds, as regards the successful tenderer, each municipality or body that is a party to the call for tenders.

2000, c. 56, Sch. VI, s. 111; 2001, c. 25, s. 490; 2006, c. 60, s. 58; 2009, c. 26, s. 109.

Only one conforming tender.

111.1. Where, following a call for tenders, the Community receives only one conforming tender, the Community may agree with the tenderer to enter into the contract for a price less than the tendered price without, however, changing the other obligations, if there is a substantial difference between the tendered price and the price indicated in the estimate established by the Community.

2002, c. 37, s. 142.

111.1.1. Division I of Chapter V.1 of the Act respecting contracting by public bodies (chapter C-65.1) applies with the necessary modifications to any contract awarded by the Community for the performance of work or the supply of insurance, equipment, materials or services.

For the purposes of the provisions of Chapter V.1 of that Act, except section 21.8, the contracts referred to in the first paragraph are deemed to be public contracts and the Community is deemed to be a public body, and the Minister of Municipal Affairs, Regions and Land Occupancy exercises, in respect of those contracts, the responsibility conferred on the Conseil du trésor by section 21.3 of that Act and that conferred on the minister responsible by section 21.5 of that Act.

2011, c. 17, s. 46; 2011, c. 35, s. 45.

111.1.2. Sections 21.17 to 21.20, 21.25, 21.34, 21.38, 21.39, 21.41, 27.6 to 27.9, 27.11, 27.13 and 27.14 of the Act respecting contracting by public bodies (chapter C-65.1) apply, with the necessary modifications, in respect of any contract awarded by the Community that involves an expenditure equal to or greater than the amount determined by the Government under section 21.17 of that Act and pertains to the performance of work or the supply of insurance, equipment, materials or services.

For the purposes of those sections, any contract referred to in the first paragraph is deemed to be a public contract, any subcontract that involves an expenditure equal to or greater than the amount determined by the Government under section 21.17 of that Act and is directly or indirectly related to such a contract is deemed to be a public subcontract, the Community is deemed to be a public body, and the Minister of Municipal Affairs, Regions and Land Occupancy exercises, in respect of those public contracts and subcontracts, the responsibilities conferred on the Conseil du trésor or its Chair.

2012, c. 25, s. 53.

111.2. A member of the council who knowingly fails to comply with the prohibition set out in the eighth paragraph of section 101 or who knowingly, by his or her vote or otherwise, authorizes or effects the awarding or making of a contract without complying with the rules or measures set out or provided for in sections 99 to 111.1.2, in a regulation made under section 105.1 or 106.1 or in the policy adopted under section 106.2 may be held personally liable toward the Community for any loss or damage it suffers and be declared disqualified, for two years, from office as a member of the council of any municipality, from office as a member of any municipal body within the meaning of section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2) or from holding a position as an employee of a municipality or such a body.

The liability provided for in the first paragraph is solidary and applies to every employee of the Community and to every person who knowingly is a party to the illegal act.

Proceedings in declaration of disqualification shall be taken in conformity with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.

Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities.

2002, c. 37, s. 142; 2010, c. 1, s. 41; 2011, c. 17, s. 47; 2012, c. 25, s. 54; 2012, c. 30, s. 22.

CHAPTER III 
JURISDICTION OF THE METROPOLITAN COMMUNITY

DIVISION I 
GENERAL PROVISIONS

Areas of jurisdiction.

112. The Community has jurisdiction, as provided in this Act, over the following matters:

 (1) (paragraph repealed);

 (2) economic development;

 (3) artistic or cultural development;

 (4) the development of tourism;

 (5) equipment, infrastructures, services and activities of metropolitan scope;

 (6) metropolitan public transportation;

 (7) residual materials management planning.

2000, c. 56, Sch. VI, s. 112; 2010, c. 10, s. 127.

Jurisdiction of the Community.

112.1. The Community is the responsible body under the Act respecting land use planning and development (chapter A-19.1) with respect to a metropolitan land use and development plan.

2010, c. 10, s. 128.

Delegation.

113. The Government or a minister or body of the Government may delegate any non-discretionary power to the Community.

Acceptance.

The Community may accept the delegation and exercise the power.

2000, c. 56, Sch. VI, s. 113.

Agreement.

114. Where municipalities whose territory is situated within the territory of the Community enter into an agreement, the municipalities may, with the consent of the Community, provide in the agreement for the Community to act as an intermunicipal committee or intermunicipal board, as the case may be.

Copy of resolution.

A certified true copy of the resolution under which the Community agrees to act as an intermunicipal board shall be appended to the copies of the resolutions under which the municipalities authorize the making of the agreement, when such copies are transmitted to the Minister together with the agreement that is submitted for approval.

Powers and obligations.

If the agreement comes into force, the Community has the powers and obligations of an intermunicipal committee or intermunicipal board, as the case may be.

2000, c. 56, Sch. VI, s. 114.

Agreement.

115. The Community and a municipality whose territory is situated within the territory of the Community may enter into an agreement, in accordance with the Act governing the municipality, in which the Community undertakes to supply the municipality with a service or receives from the latter a delegation of jurisdiction.

Community deemed a municipality.

In such a case, the Community is deemed to be a municipality for the purposes of the provisions of the said Act concerning intermunicipal agreements on the supply of services or the delegation of jurisdiction.

2000, c. 56, Sch. VI, s. 115.

Representatives.

116. Except for the passing of a resolution under which the Community agrees to act as an intermunicipal committee or intermunicipal board, as the case may be, or of a resolution authorizing the making of an agreement under section 115, only the representatives of the municipalities that are parties to the agreement are entitled to vote on the council on any matter relating to the carrying out of the agreement.

Voting rules.

The rules regarding the division of the votes among such representatives and the other rules on the decisions to be taken by the council shall be provided in the agreement.

2000, c. 56, Sch. VI, s. 116.

Census.

117. The Community may make by-laws to take a census of the inhabitants of its territory in order to ascertain their number and to obtain statistics respecting their age and their social and economic condition.

2000, c. 56, Sch. VI, s. 117.

DIVISION II 
Repealed, 2010, c. 10, s. 129.
2010, c. 10, s. 129.

§ 1. —   Repealed, 2010, c. 10, s. 129.
2010, c. 10, s. 129.

118. (Repealed).

2000, c. 56, Sch. VI, s. 118; 2002, c. 68, s. 52; 2010, c. 10, s. 129.

119. (Repealed).

2000, c. 56, Sch. VI, s. 119; 2002, c. 68, s. 28; 2010, c. 10, s. 129.

120. (Repealed).

2000, c. 56, Sch. VI, s. 120; 2001, c. 68, s. 212; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2010, c. 10, s. 129.

121. (Repealed).

2000, c. 56, Sch. VI, s. 121; 2001, c. 68, s. 213; 2004, c. 20, s. 127; 2010, c. 10, s. 129.

122. (Repealed).

2000, c. 56, Sch. VI, s. 122; 2002, c. 68, s. 52; 2010, c. 10, s. 129.

123. (Repealed).

2000, c. 56, Sch. VI, s. 123; 2002, c. 68, s. 29; 2010, c. 10, s. 129.

124. (Repealed).

2000, c. 56, Sch. VI, s. 124; 2010, c. 10, s. 129.

125. (Repealed).

2000, c. 56, Sch. VI, s. 125; 2010, c. 10, s. 129.

126. (Repealed).

2000, c. 56, Sch. VI, s. 126; 2010, c. 10, s. 129.

127. (Repealed).

2000, c. 56, Sch. VI, s. 127; 2010, c. 10, s. 129.

128. (Repealed).

2000, c. 56, Sch. VI, s. 128; 2010, c. 10, s. 129.

129. (Repealed).

2000, c. 56, Sch. VI, s. 129; 2003, c. 19, s. 181; 2010, c. 10, s. 129.

130. (Repealed).

2000, c. 56, Sch. VI, s. 130; 2010, c. 10, s. 129.

131. (Repealed).

2000, c. 56, Sch. VI, s. 131; 2010, c. 10, s. 129.

132. (Repealed).

2000, c. 56, Sch. VI, s. 132; 2010, c. 10, s. 129.

133. (Repealed).

2000, c. 56, Sch. VI, s. 133; 2010, c. 10, s. 129.

133.1. (Repealed).

2001, c. 68, s. 214; 2010, c. 10, s. 129.

134. (Repealed).

2000, c. 56, Sch. VI, s. 134; 2010, c. 10, s. 129.

135. (Repealed).

2000, c. 56, Sch. VI, s. 135; 2010, c. 10, s. 129.

136. (Repealed).

2000, c. 56, Sch. VI, s. 136; 2004, c. 20, s. 128; 2010, c. 10, s. 129.

137. (Repealed).

2000, c. 56, Sch. VI, s. 137; 2010, c. 10, s. 129.

§ 2. —   Repealed, 2010, c. 10, s. 129.
2010, c. 10, s. 129.

138. (Repealed).

2000, c. 56, Sch. VI, s. 138; 2002, c. 68, s. 30, s. 52; 2010, c. 10, s. 129.

§ 3. —   Repealed, 2010, c. 10, s. 129.
2010, c. 10, s. 129.

139. (Repealed).

2000, c. 56, Sch. VI, s. 139; 2003, c. 19, s. 182; 2010, c. 10, s. 129.

139.1. (Repealed).

2002, c. 77, s. 54; 2010, c. 10, s. 129.

§ 4. —   Repealed, 2010, c. 10, s. 129.
2010, c. 10, s. 129.

140. (Repealed).

2000, c. 56, Sch. VI, s. 140; 2003, c. 19, s. 250; 2004, c. 20, s. 129; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2010, c. 10, s. 129.

141. (Repealed).

2000, c. 56, Sch. VI, s. 141; 2004, c. 20, s. 130; 2010, c. 10, s. 129.

141.1. (Repealed).

2002, c. 77, s. 55; 2004, c. 20, s. 131; 2010, c. 10, s. 129.

§ 5. —   Repealed, 2010, c. 10, s. 129.
2010, c. 10, s. 129.

142. (Repealed).

2000, c. 56, Sch. VI, s. 142; 2002, c. 37, s. 143; 2010, c. 10, s. 129.

DIVISION III 
ECONOMIC DEVELOPMENT

Economic development plan.

143. The Community must have a general economic development plan for its territory.

Decision.

All decisions relating to the plan shall be made by a 2/3 majority of the votes cast; the majority must include a majority of the votes cast by the representatives of Ville de Lévis and a majority of all the representatives of the regional county municipalities referred to in paragraphs 3 to 5 of section 4.

2000, c. 56, Sch. VI, s. 143; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2010, c. 10, s. 130.

International promotion.

144. The Community has exclusive jurisdiction to promote its territory internationally so as to stimulate economic growth and diversification.

Powers of Community.

The Community may, for that purpose,

 (1) support the establishment of businesses in and the inflow of capital to its territory and promote the implementation of projects having significant economic impact;

 (2) promote the goods and services produced within its territory on markets outside its territory;

 (3) establish links with organizations whose mission is to promote its territory, and, notwithstanding the Municipal Aid Prohibition Act (chapter I-15), support them financially;

 (4) establish sectoral joint action groups to define intervention priorities.

Power of Community.

The Community may, on the conditions it determines, entrust to an existing body or to a body it establishes for that purpose the exercise of all or part of the jurisdiction assigned to it by the first and second paragraphs. The Community shall, on the conditions it determines, grant the body the sums required to exercise that jurisdiction.

Decision.

Every decision of the Community relating to the exercise of all or part of its jurisdiction provided for in this section shall be made by a 2/3 majority of the votes cast; the majority must include a majority of the votes cast by the representatives of Ville de Lévis.

Local municipalities.

Local municipalities whose territory is situated within the territory of the Community lose their jurisdiction to promote their territory internationally as soon as the Community exercises the jurisdiction provided for in this section.

2000, c. 56, Sch. VI, s. 144.

DIVISION IV 
ARTISTIC OR CULTURAL DEVELOPMENT

Artistic and cultural development.

145. The Community may take any measure for the purpose of promoting artistic or cultural development in its territory.

Powers of Community.

To that end, the Community may in particular

 (1) provide financial support for any event related to artistic or cultural fields that takes place in its territory;

 (2) foster the establishment and maintenance of equipment related to artistic or cultural fields;

 (3) establish links with organizations whose mission is artistic or cultural promotion or development, and support them financially.

Applicability.

This section applies notwithstanding the Municipal Aid Prohibition Act (chapter I-15).

2000, c. 56, Sch. VI, s. 145.

Power of Community.

146. The Community may, on the conditions it determines, entrust to an existing body or to a body it sets up for that purpose the exercise of all or part of the jurisdiction assigned to it by section 145. The Community shall, on the conditions it determines, grant the body the sums required to exercise that jurisdiction.

2000, c. 56, Sch. VI, s. 146.

DIVISION V 
DEVELOPMENT OF TOURISM

Tourism.

147. The Community may take any measure for the purpose of ensuring the harmonization of the action plans of the promotion or tourism development agencies in its territory.

Decision.

Every decision of the Community relating to the exercise of the jurisdiction provided for in the first paragraph shall be made by a 2/3 majority of the votes cast; the majority must include a majority of the votes cast by the representatives of Ville de Lévis.

2000, c. 56, Sch. VI, s. 147.

DIVISION VI 
EQUIPMENT, INFRASTRUCTURES, ACTIVITIES AND SERVICES OF METROPOLITAN SCOPE

Equipment and infrastructures.

148. The Community may acquire or build equipment and infrastructures of metropolitan scope.

Financial support.

The Community may also provide financial support for events of metropolitan scope, notwithstanding the Municipal Aid Prohibition Act (chapter I-15).

2000, c. 56, Sch. VI, s. 148.

Rules.

149. The Community may, in respect of equipment belonging to a local municipality whose territory is situated within the territory of the Community or to a mandatary of that local municipality and designated in a by-law of the Community as being of metropolitan scope, establish in the by-law the rules applicable to the management of the equipment, the financing of the expenditures related thereto and the sharing of the income it generates.

Applicability.

The first paragraph does not apply in respect of equipment to which an order made pursuant to section 24.13 of the Act respecting the Commission municipale (chapter C-35) applies, as long as the order has not been repealed.

Agreements.

Every intermunicipal agreement relating to equipment, in force on the date of coming into force of the by-law of the Community designating the equipment as being of metropolitan scope, ends on the date determined by the Community. Where the agreement provided for the constitution of an intermunicipal board, that board shall, not later than three months after that date, apply for its dissolution to the Minister, and section 468.49 of the Cities and Towns Act (chapter C-19) applies, with the necessary modifications, to the application.

By-law.

Every by-law designating equipment as being of a supralocal nature adopted by a regional county municipality, in force on the date of coming into force of the by-law of the Community designating the equipment as being of metropolitan scope, shall cease to have effect on the date determined by the Community.

Applicability.

The first, second, third and fourth paragraphs apply, with the necessary modifications, in respect of an infrastructure, service or activity.

Event organized by local municipality.

Where the activity is carried on or the service is provided in relation to an event, it makes no difference whether the event is organized by one of the local municipalities whose territory is situated within the territory of the Community or by a third person.

2000, c. 56, Sch. VI, s. 149; 2002, c. 68, s. 31.

DIVISION VII 
PUBLIC TRANSPORTATION

Jurisdiction.

150. The Community has jurisdiction to plan and coordinate metropolitan public transportation, and to finance it, taking into account government policies on transportation.

2000, c. 56, Sch. VI, s. 150.

DIVISION VIII 
RESIDUAL MATERIALS MANAGEMENT PLANNING

Jurisdiction.

151. The Community has, throughout its territory except the territory of Ville de Lévis, jurisdiction over the planning of residual materials management in accordance with the provisions of the Environment Quality Act (chapter Q-2).

Restrictions.

The representatives of Ville de Lévis shall not take part in the deliberations and the vote relating to the exercise of the jurisdiction referred to in the first paragraph, and every decision relating to the exercise of that jurisdiction requires the majority of the votes cast by the representatives identified in paragraph 1 of section 4 and the majority of the votes cast by all the representatives of the regional county municipalities referred to in paragraphs 3 to 5 of section 4.

2000, c. 56, Sch. VI, s. 151; 2009, c. 26, s. 38.

CHAPTER IV 
FINANCIAL PROVISIONS

Fiscal year.

152. The fiscal year of the Community ends on 31 December.

2000, c. 56, Sch. VI, s. 152.

Annual budget.

153. The Community must prepare and adopt a budget each year.

Categories.

The budget shall consist of as many parts as there are categories of functions exercised by the Community. A category is the aggregate of the functions in respect of which the representatives of the same municipalities are qualified to take part in the deliberations and to vote according to an identical decision-making rule.

2000, c. 56, Sch. VI, s. 153.

Report.

154. Not later than the day the budget of the Community is submitted to the council, the chair of the executive committee shall report on the financial situation of the Community at a meeting of the council.

Content.

The chair shall deal with the latest financial statements, the latest report of the auditor and the latest three-year program of capital expenditures, with preliminary indications regarding the financial statements for the fiscal year preceding the year for which the next budget is made, and outline the new budget orientations and the next three-year program of capital expenditures.

Publication.

The report by the chair shall be published in a newspaper circulated in the territory of the Community.

2000, c. 56, Sch. VI, s. 154.

:Notice.

155. The secretary shall give public notice of the meeting at which the budget or the three-year program of capital expenditures must be submitted to the council, not later than eight days before it takes place.

Agenda.

At the meeting, the deliberations of the council and the question period shall deal exclusively with the budget or the three-year program.

Adoption.

The parts of the budget or of the three-year program shall be adopted separately.

2000, c. 56, Sch. VI, s. 155.

Publication.

156. The adopted budget and three-year program, or an explanatory document, shall be published in a newspaper circulated in the territory of the Community.

2000, c. 56, Sch. VI, s. 156.

Budget.

157. The executive committee shall draw up the budget of the Community. The executive committee shall file the budget in the office of the secretary of the Community with its recommendations not later than 1 October of the fiscal year preceding the fiscal year for which the budget is to apply. The secretary shall forward a copy of each document so filed to each municipality whose territory is situated within the territory of the Community and to every member of the council not later than the following 15 October.

Appropriations.

Not later than 15 September each year, the treasurer shall determine in a certificate the appropriations the treasurer considers necessary for the next fiscal year for payment of the interest on securities issued or to be issued by the Community, for repayment or redemption of such securities and for the requirements of their sinking funds and any other charge related to the debt of the Community, except however, the amounts required in principal, interest and accessories in relation to the issue of treasury bills, loans contracted in anticipation of revenue and renewable loans falling due during the fiscal year covered by the budget. The treasurer shall also determine in the certificate the appropriations necessary to meet, during the next fiscal year, the obligations undertaken by the Community during previous fiscal years. 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 by the council. The treasurer shall file the certificate and any amendment in the office of the secretary. The secretary shall notify the council of the filing at the first sitting held after the filing.

Financial obligations.

The treasurer shall also include in the certificate referred to in the second paragraph the appropriations necessary during the next fiscal year to pay the obligations of the Community under collective agreements or its by-laws or under legislative or regulatory provisions adopted by the Gouvernement du Québec or the Government of Canada or any of its ministers or bodies.

Amounts included.

The amounts shown in the certificate shall be included in the budget of the Community for the fiscal year covered by the budget.

Unforeseen expenses.

The budget shall also appropriate an amount of at least 1% of the expenses of the Community to cover expenditures not provided for in its budget, the settlement of claims and the payment entailed by court sentences.

2000, c. 56, Sch. VI, s. 157.

Budget.

158. The budget of the Community shall be submitted to the council not later than 15 November, at a special meeting convened for that purpose.

Adoption.

The meeting shall be adjourned as often as necessary and shall not be closed until the budget has been adopted. If there is no quorum, the meeting shall be automatically adjourned to 8:00 p.m. on the following juridical day.

Amendment.

The council may, on its own initiative, amend the budget.

Separate adoption.

The council is not bound to adopt simultaneously all the appropriations of the budget or of a part of the budget and thus may adopt an appropriation separately.

Fractions.

The council may also, before 1 January, adopt temporarily, for a period of three months, 1/4 of an appropriation provided for in the budget or in a part of the budget. The same applies before each period beginning on 1 April, 1 July and 1 October. The council may thus adopt at the same time

 (1) 3/4 of an appropriation if it does so before 1 April; and

 (2) 2/4 of an appropriation, if it does so before 1 July.

Presumption.

If, on 1 January, the budget of the Community or a part of the budget has not been adopted, 1/4 of each appropriation provided for in the budget of the preceding fiscal year or in the corresponding part of that budget, with the exception of the appropriations mentioned in the seventh paragraph, is deemed to be adopted and shall come into force. The same rule applies on 1 April, 1 July and 1 October if on each of those dates the budget or the part has not been adopted.

Exception.

The presumption of adoption and the coming into force provided for in the sixth paragraph do not apply to the appropriations provided for in the budget of the preceding fiscal year or in the corresponding part of that budget, which correspond

 (1) to those mentioned in the certificate of the treasurer referred to in section 157;

 (2) to those then adopted separately under the fourth paragraph; and

 (3) to those 1/4 of which have then been adopted under the fifth paragraph for the same period of three months.

Presumption.

In the hypothesis mentioned in the sixth paragraph, the appropriations mentioned in the certificate of the treasurer referred to in section 157 and included in the budget under study are deemed to be adopted on 1 January and shall then come into force.

Retroactive effect.

The adoption, after 1 January, of the budget, a part of the budget or one of its appropriations in accordance with the fourth paragraph is retroactive to that date. The same rule applies to the by-laws and resolutions arising therefrom.

Copy to the Minister.

A certified true copy of the budget of the Community shall be transmitted to the Minister within 30 days of its adoption.

Form.

The Minister may order that the budget be transmitted by means of a form furnished by the Minister for that purpose.

2000, c. 56, Sch. VI, s. 158.

Management of budget.

159. The head of each department shall be responsible for the management of the budget of that department, according to the provisions of this Act, under the supervision of the council.

Authorization of payment.

The council shall authorize the payment of any amounts owed by the Community.

2000, c. 56, Sch. VI, s. 159.

Supplementary budget.

160. During a fiscal year, the Community may adopt a supplementary budget.

Rules.

The supplementary budget shall be prepared, filed and forwarded according to the rules, with the necessary modifications, applicable to the annual budget. A copy of the budget must be sent to the municipalities and the members of the council not less than 15 days before it is submitted to the council.

Special meeting.

The supplementary budget shall be submitted to the council at a special meeting convened for that purpose. The meeting may close without the budget being adopted.

Amendment.

The council may, on its own initiative, amend the supplementary budget.

Presumption.

If the supplementary budget is not adopted within 15 days from the day it is submitted, the appropriations mentioned in the certificate of the treasurer referred to in section 157 and included in the budget are nevertheless deemed to be adopted and shall come into force on the expiry of that period.

2000, c. 56, Sch. VI, s. 160.

Approval of transfers.

161. Every transfer of an appropriation within the budget requires the approval of the council.

2000, c. 56, Sch. VI, s. 161.

Finance by-laws.

161.1. The Community may adopt by-laws relating to the administration of community finances.

Budget control.

However, to ensure the sound administration of those finances, it must adopt a budget control and monitoring by-law that provides in particular for a means to guarantee the availability of appropriations before any decision authorizing an expenditure is made; the means may vary depending on the authority authorizing the expenditures or on the type of expenditures proposed.

2006, c. 31, s. 49.

Authorization of expenditure.

162. A by-law or a resolution authorizing an expenditure has no effect unless, in accordance with a by-law adopted under the second paragraph of section 161.1, appropriations are available for the purposes for which the expenditure is proposed.

2000, c. 56, Sch. VI, s. 162; 2006, c. 31, s. 50.

Delegation of powers.

163. The council may, by by-law, delegate to the chair or to an employee of the Community, on the conditions it determines, the power to authorize or pay expenditures and to enter into contracts on behalf of the Community.

Content of by-law.

The by-law must, in particular, indicate the field of competence to which the delegation applies, the maximum amount of the expenditures that the chair or employee may authorize or pay and the other conditions to which the delegation is subject.

Authorization of expenditure.

An authorization of expenditures granted under a delegation has no effect unless, in accordance with a by-law adopted under the second paragraph of section 161.1, appropriations are available for that purpose.

Authorization.

If, pursuant to section 101, the authorization of the Minister must be obtained to allow the chair or employee to award a contract to a person other than the person who submitted the lowest tender, the authorization must be applied for by the council.

2000, c. 56, Sch. VI, s. 163; 2006, c. 31, s. 51.

Appropriated funds remaining available.

164. The funds appropriated by a budget during a fiscal year for specified work shall remain available during the ensuing fiscal year for the carrying out of such work, whether it has commenced or not.

2000, c. 56, Sch. VI, s. 164.

Estimated budget surplus.

165. During a fiscal year, the Community on report of the treasurer may appropriate an estimated budget surplus for the current fiscal year, or a surplus for the preceding fiscal year, to expenditures for the current fiscal year or for a subsequent fiscal year it shall determine.

Budget amended.

The appropriation of a surplus to expenditures for a fiscal year amends the budget for that fiscal year accordingly.

Surplus or deficit.

Any surplus that has not been appropriated to a specific purpose, or any deficit for a fiscal year shall be entered in the revenues or expenditures for the fiscal year following that in which the auditor makes a report for the first mentioned fiscal year.

2000, c. 56, Sch. VI, s. 165.

Treasurer.

166. The treasurer shall be personally responsible for all moneys paid out by the treasurer and which, to the treasurer's knowledge, exceed the amount appropriated for such purpose.

Cheques.

The treasurer or any person authorized by a resolution of the council shall sign the cheques issued by the Community. The facsimile of the treasurer's or person's signature shall have the same effect as if the signature itself had been affixed thereto.

2000, c. 56, Sch. VI, s. 166.

Guarantee.

167. The payment of the expenses of the Community, including the payment of interest on and amortization of its loans, is guaranteed by its general fund.

2000, c. 56, Sch. VI, s. 167.

Expenses.

168. Subject to the third and fourth paragraphs, the expenses of the Community, including those resulting from payment of interest on and accessories and amortization of its loans, shall be charged to the municipalities whose territories are situated within the territory of the Community.

Apportionment.

Except the expenses relating to a service governed by a special tariff or those otherwise governed by this Act or by other Acts, those expenses shall be apportioned among the municipalities in proportion to their respective fiscal potentials, within the meaning of section 261.5 of the Act respecting municipal taxation (chapter F-2.1).

By-laws.

However, the Community may, by by-law, provide

 (1) that all or part of its expenditures are to be apportioned on the basis of another criterion;

 (2) that a municipality does not contribute to the payment of part of its expenditures.

Exemption.

A municipality whose representative is not qualified to take part in the deliberations and vote of the council of the Community shall not contribute to the payment of the expenditures related to the exercise of the functions that are the subject of the deliberations and vote.

2000, c. 56, Sch. VI, s. 168.

Terms and conditions.

169. The Community shall prescribe, by by-law, the terms and conditions for determining the aliquot shares of the expenses of the Community and payment thereof by the municipalities.

Content of by-law.

The by-law may, in particular, prescribe for each situation set out in section 158 or 160,

 (1) the date on which the data used to provisionally or finally establish the basis of apportionment of the expenses of the Community are to be considered;

 (2) the time limit for determining each aliquot share and for informing each municipality of it;

 (3) the obligation of a municipality to pay its aliquot share in a single payment or its right to pay it in a certain number of instalments;

 (4) the time limit within which each instalment must be paid;

 (5) the rate of interest payable on an outstanding instalment;

 (6) the adjustments that may result from the deferred coming into force of all or part of the budget of the Community or from the successive use of provisional and final data in determining the basis of apportionment of the expenses of the Community.

Rate of interest.

Instead of fixing the rate of interest payable on an outstanding instalment, the by-law may provide that such rate shall be fixed by resolution when the budget of the Community is adopted.

Applicability of rate.

The Community may, in the by-law, prescribe that the rate of interest it fixes in the by-law or in the resolution provided for in the third paragraph applies to every amount payable to the Community that is or becomes payable.

2000, c. 56, Sch. VI, s. 169.

Establishment of program.

170. Not later than one year after the coming into force of the regulation of the Government made under section 206, the Community shall, by by-law, establish a program to share the growth in the tax base of the municipalities listed in Schedule A, which may also include a shared tax base element without regard to the existence or non-existence of growth. The program must be in accordance with the rules determined in the regulation.

Rules.

The program must, in particular, include rules to determine the amount that the Community must take out of the aggregate of the contributions required from the municipalities in relation to the sharing and pay into the fund established under section 171.

Rules.

The program must also include rules to determine how the balance is to be used where the payment to be made under the second paragraph and any apportioning between the municipalities in relation to the sharing leaves unallocated a portion of the aggregate referred to in that paragraph.

Adoption of by-law.

The by-law of the Community referred to in the first paragraph shall be adopted by a 2/3 majority of the votes cast; the majority must include a majority of the votes cast by the representatives of Ville de Lévis and a majority of all the representatives of the regional county municipalities referred to in paragraphs 3 to 5 of section 4.

2000, c. 56, Sch. VI, s. 170; 2002, c. 37, s. 144.

Fund.

171. The Community may, by by-law, establish a fund to provide financial support for the development projects it determines, in particular, among the projects submitted by municipalities whose territories are situated within its territory.

Content of by-law.

The by-law must indicate the nature of the development projects that are to be financed by the fund and the costs that may be charged to the fund.

Fund.

The fund is comprised of any amount paid into it, in particular under the second paragraph of section 170, and the interest earned on that amount.

2000, c. 56, Sch. VI, s. 171; 2002, c. 77, s. 56.

Contestation.

172. Contestation by a municipality of a sum claimed by the Community does not exempt the municipality from paying the amount while the contestation is pending.

Petition.

If there is no payment within 90 days after the receipt of a formal notice, the Commission municipale du Québec may, at the request of the Community, file a petition to have the said municipality declared in default in accordance with Division VI of the Act respecting the Commission municipale (chapter C-35).

2000, c. 56, Sch. VI, s. 172.

Special property tax.

173. For the purpose of paying its aliquot share under this Act of the expenses of the Community or its contribution to the program established under section 170, a municipality may, in addition to its power to use a mode of tariffing under section 244.1 of the Act respecting municipal taxation (chapter F-2.1), levy a special property tax based on the assessment of the taxable immovables in its territory.

2000, c. 56, Sch. VI, s. 173.

Financing.

174. Subject to the regulation of the Government made under paragraph 8.2 of section 262 of the Act respecting municipal taxation (chapter F-2.1), the Community may, by by-law, provide that all or part of the property, services or activities of the Community shall be financed by means of a tariff involving a fixed amount, exigible on an ad hoc basis, in the form of a subscription or under terms similar to those of a subscription, for the use of a property or service or in respect of a benefit derived from an activity.

Provisions applicable.

Sections 244.3 to 244.6 and the first and third paragraphs of section 244.8 of the Act respecting municipal taxation apply, with the necessary modifications, to the tariff referred to in the first paragraph.

2000, c. 56, Sch. VI, s. 174.

Capital expenditures program.

175. The Community shall adopt each year, for the next three fiscal years, a program of capital expenditures.

Categories.

The program shall consist of as many parts as there are categories of functions exercised by the Community. A category is the aggregate of the functions in respect of which the representatives of the same municipalities are qualified to take part in the deliberations and to vote according to an identical decision-making rule.

Content.

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 that the Community plans to make or to incur and for which the financing period exceeds 12 months. The program shall also mention the capital expenditures that the Community plans to make beyond the period covered by the program, if those expenditures result from commitments made during that period.

Provisions applicable.

To the extent that they are consistent with this section, the provisions applicable to the procedure prior to the adoption of the budget of the Community also apply, with the necessary modifications, to the procedure prior to the adoption of the program of capital expenditures.

2000, c. 56, Sch. VI, s. 175.

Amendments

176. The Community may amend its program of capital expenditures. Section 175, with the necessary modifications, applies to such an amendment.

2000, c. 56, Sch. VI, s. 176.

Loans.

177. The Community may, with the approval of the Minister, order, by by-law, a loan for a purpose within its jurisdiction, and contract it on the terms and conditions approved by the Minister of Finance. In no case may the term of such a loan exceed 20 years.

2000, c. 56, Sch. VI, s. 177; 2005, c. 50, s. 38.

Repayment.

178. Part of the loan, not exceeding 5% of the amount of the expenditure authorized by the loan by-law in force, may be reserved for repayment to the general fund of the Community of all or part of the sums expended, before the passage of the loan by-law, in connection with the object of the by-law.

By-law.

That part of the loan must be specified in the by-law.

2000, c. 56, Sch. VI, s. 178.

Working fund.

179. The Community may, by a by-law requiring the approval of the Minister, constitute a working fund the purpose, constitution and administration of which must be consistent with the following rules:

Borrowings.

 (1) To constitute the working fund, the Community may borrow, through the issue and sale of treasury bills, notes or other securities, the amounts which the treasurer considers necessary, provided the nominal value of such treasury bills, notes or other securities does not at any time exceed 20% of the appropriations provided for in its budget.

Allocations.

The Community may also establish the fund or contribute to an existing fund by allocating to it all or part of the accumulated surplus of its general fund. The total amount so allocated and the nominal value of the treasury bills, notes or other securities referred to in the first paragraph may not exceed 20% of the appropriations provided for in its budget.

Conditions.

 (2) Such treasury bills, notes or other securities may bear no nominal interest rate, shall be payable to bearer, and shall mature no more than 365 days after the date of their issue. They may bear the mention that they are redeemable in advance and must indicate that they are issued for the purposes of the working fund.

Sale of securities.

 (3) The sale of the treasury bills, notes or other securities shall be carried out by agreement or by tender. Sale by agreement shall be made on behalf of the Community by the treasurer with the approval of the Community.

Sale by tender.
In the case of sale by tender, the tenders shall not be subject to section 99, but they shall be addressed to and opened by the treasurer in the presence of the chair, the secretary and the treasurer, or their assistants. The treasurer, on behalf of the Community, shall make the sale to the tenderer or tenderers who submitted the tender which the treasurer considers the most advantageous to the Community, although the treasurer is not bound to accept any tender.

Term of loans.

 (4) A loan may be granted from such working fund only for a term not to exceed five years

(a)  for a purpose for which the Community is authorized to borrow temporarily in anticipation of the sale of bonds;

(b)  for the purposes of capital expenditures;

(c)  in anticipation of the collection of revenue for the current fiscal year; or

(d)  in anticipation of the collection of tax arrears.

Exception.
Despite the first paragraph, the term of a loan granted under subparagraph b of the first paragraph must not exceed 10 years.

Investments.

 (5) Moneys out of the working fund may be invested in treasury bills or in other bonds or securities provided for in paragraphs 2, 3 and 4 of article 1339 of the Civil Code. Such moneys may also be invested in a chartered bank or other financial institution authorized to receive deposits.

Surplus or deficit.

 (6) At the end of a fiscal year of the Community, any operating surplus of the working fund shall be transferred to the general fund of the Community, and any deficit shall be made good out of such fund if need be.

2000, c. 56, Sch. VI, s. 179; 2005, c. 50, s. 39; 2009, c. 26, s. 39.

Financial reserve.

180. The Community may, by by-law, for the benefit of all of the municipalities whose territory is situated within its territory, or of some of those municipalities, establish a financial reserve for any purpose within its jurisdiction for the financing of expenditures.

Content of by-law.

The by-law must set out

 (1) the purpose for which the reserve is established;

 (2) the projected amount of the reserve;

 (3) the mode of financing of the reserve;

 (4) in the case of a reserve of specified duration, the duration of existence of the reserve;

 (5) the allocation of the amount, if any, by which revenue exceeds expenditures at the end of the existence of the reserve.

Municipalities concerned.

The by-law must also indicate that the reserve is established for the benefit of all of the municipalities whose territory is situated within the territory of the Community, or of some of those municipalities, and in the latter case, specify the municipalities concerned.

Duration.

The duration of existence of a reserve must be determined, unless such determination is inconsistent with the purpose for which the reserve is established.

2000, c. 56, Sch. VI, s. 180; 2001, c. 68, s. 215.

Financial reserve.

181. A financial reserve shall be made up of the sums allocated to it each year and interest earned on the sums.

Restriction.

The sums allocated to the reserve may derive only from the amounts taken out of the part of the general fund of the Community allocated to that purpose by the council, from a special share payable by the municipalities for whose benefit the reserve is established, or from the excess amount referred to in section 244.4 of the Act respecting municipal taxation (chapter F-2.1), derived from a tariff established by the Community under section 174.

Composition of reserve.

Where the reserve is established for the benefit of some of the municipalities whose territory is situated within the territory of the Community, the reserve may not be made up of sums from the general fund or excess amounts referred to in the second paragraph unless they derive exclusively from the municipalities for whose benefit the reserve is established or from their territory.

2000, c. 56, Sch. VI, s. 181; 2001, c. 68, s. 216.

Approval of by-law.

182. A by-law establishing a financial reserve must be approved by the Minister.

Exception.

The first paragraph does not apply where the reserve is established to meet a requirement of the Government, a minister or a government body as a result of the application of an Act or regulation.

2000, c. 56, Sch. VI, s. 182; 2001, c. 68, s. 217.

Expenditures.

183. All expenditures necessary for the carrying out of the purpose for which the reserve was established must have been made on or before the date on which the reserve ceases to exist.

Filing of statement.

The treasurer must file, not later than at the last meeting of the council before that time, a statement of the revenue and expenditures of the reserve.

Excess amount.

The council shall allocate the amount, if any, by which the reserve's revenue exceeds its expenditures in accordance with the provisions of the by-law under which the reserve was established. If there is no such provision, any amount in excess shall be paid into the general fund or, if the reserve was established for the benefit of some of the municipalities whose territory is situated within the territory of the Community, to those municipalities.

2000, c. 56, Sch. VI, s. 183; 2001, c. 68, s. 218.

Projected amount.

184. A by-law establishing a financial reserve may not provide for a projected amount that, if added to the projected amounts of reserves already established by by-law and still in existence, results in an amount exceeding the higher of

 (1) an amount corresponding to 30% of the other appropriations provided for in the budget of the fiscal year in which the by-law is adopted; and

 (2) an amount corresponding to 15% of the total undepreciated cost of fixed assets.

Working fund.

Where a working fund is constituted under section 179, the maximum amount provided for in the first paragraph is reduced by the amount of the working fund.

Amount not calculated.

As regards a reserve referred to in the second paragraph of section 182, the amount of such a reserve shall not enter into the calculation of the amount provided for in the first paragraph.

2000, c. 56, Sch. VI, s. 184; 2001, c. 68, s. 219.

Investment.

185. The sums allocated to a financial reserve established under section 180 must be invested in accordance with section 192.

2000, c. 56, Sch. VI, s. 185.

Temporary loans.

186. The Community may, by resolution, order temporary loans for the payment of current administration expenses and contract them on the conditions and for the term it determines.

Temporary loans.

The Community may also contract loans under the first paragraph for the payment of the expenses made under a loan by-law.

2000, c. 56, Sch. VI, s. 186.

Rate of interest.

187. The Community may fix the rate of interest on its loans and the dates on which they become due, determine the other conditions of the bonds, inscribed stock, treasury bills or other negotiable securities issued or to be issued, designate any place inside or outside the country where a register may be kept for the registration or transfer of the securities enumerated above and the persons authorized to keep such register, and determine the conditions for their issue and sale.

Bonds, notes, securities.

The Community, with the authorization of the Minister, may issue and sell, in its own name, bonds, notes or other securities either for its own account or for that of one or more municipalities whose territories are situated within its territory, or in part for its own account and in part for that of one or more of the municipalities.

Obligations of the Community.

Bonds, notes or other securities issued by the Community constitute, for their holders, direct and general obligations of the Community. Moreover, bonds, notes or other securities issued by the Community for the account of a municipality, or, as the case may be, any part thereof issued for the account of the latter, constitute, for their holders, direct and general obligations of that municipality.

2000, c. 56, Sch. VI, s. 187.

Provisions applicable.

188. Sections 7 and 8 and Divisions V to X and XII of the Act respecting municipal debts and loans (chapter D-7) apply to the Community.

2000, c. 56, Sch. VI, s. 188.

Currency.

189. Where a loan by-law provides that the Community may contract a loan in Canadian dollars or in any other currency, the total loan amount authorized is the amount expressed in Canadian dollars.

Conversion.

In establishing the amount in Canadian dollars of a loan contracted in another currency, depending on whether or not the proceeds of the loan are converted into Canadian dollars before being paid to the Community, the value used is the prevailing value of the unit of the other currency in relation to the Canadian dollar either at the time of the conversion or at noon on the day of payment.

Renewal of loan.

Where all or part of the proceeds of a loan are used to renew a loan previously contracted by the Community, for all or part of the unexpired term of the latter loan, the amount used for the renewal is not subtracted from the balance of the loan amount authorized by the by-law, irrespective of the value of the unit of the currency in which the loan is contracted.

2000, c. 56, s. Sch. VI, 189.

Soundness.

190. The securities issued by the Community are investments presumed sound as if they were mentioned in paragraph 2 of article 1339 of the Civil Code.

Ranking.

The commitments included in the securities issued by the Community constitute direct and general obligations of the Community and of the municipalities whose territories are situated within the territory of the Community, and rank concurrently and pari passu with all other general obligations of the Community and of the municipalities.

2000, c. 56, Sch. VI, s. 190.

Liability.

191. The municipalities whose territories are situated within the territory of the Community are solidarily liable towards the holders of bonds, notes or other securities issued by the Community for the account of the Community, for the repayment of such bonds, notes and other securities, in principal, interest, costs and other accessories, and for all other obligations contracted by the Community towards such holders.

Liability.

The municipality for the account of which the Community issued bonds, notes or other securities is alone liable towards the Community for the repayment of such bonds, notes and other securities or any part thereof issued for its account, in principal, interest, costs and other accessories, and for all other obligations contracted by the Community towards such holders for the account of the municipality if the Community makes the repayment to the holders and executes its other obligations towards them. Any amount owing to the Community by the municipality under this paragraph is added to and forms part of its share of the expenses.

2000, c. 56, Sch. VI, s. 191.

Mutual funds.

192. The Community may invest the moneys belonging to it by purchasing securities in a mutual fund referred to in the third paragraph of section 99 of the Cities and Towns Act (chapter C-19).

Securities.

The Minister may, by regulation, determine other securities in which the Community may invest the moneys belonging to it through a mutual fund referred to in the first paragraph.

2000, c. 56, Sch. VI, s. 192; 2006, c. 50, s. 125.

Signatures.

193. The bonds, notes and other securities of the Community shall be signed by the chair or vice-chair and by the treasurer or, if the treasurer is absent or unable to act, by the person designated for such purpose by the council.

Facsimile.

The facsimile of the signature of the chair and the treasurer on the bonds may be engraved, lithographed or printed and shall have the same effect as if the signature itself had been affixed thereto.

Certificate.

The certificate of the Minister or of the authorized person, mentioned in section 12 of the Act respecting municipal debts and loans (chapter D-7), may be affixed to the bonds issued by the Community under the facsimile of the signature of the Minister or of the authorized person. However, the presumption of validity provided for in that section applies only if the bonds also bear the handwritten signature of the chair, the treasurer or a financial officer who is a mandatary of the Community.

Signature.

Although a person whose signature or a facsimile thereof has been affixed to a bond, a note, another security of the Community or a coupon in that person's capacity as chair, vice-chair or treasurer of the Community or as person designated for such purpose by the council, has ceased to act in such capacity before the bond, note, security or coupon is issued and delivered, the signature shall nevertheless be valid and shall bind the Community in the same manner as if such person had continued to act in such capacity on the date of the issue and delivery, and the signature or facsimile of the signature of the persons acting in such capacity on the date on which the signature or facsimile was affixed to a bond, note, coupon or other security of the Community shall bind the Community even though the person was not acting in such capacity on the date of such bond, coupon, note or security.

2000, c. 56, Sch. VI, s. 193.

Financial report.

194. At the end of the fiscal year, the treasurer shall draw up the financial report for the past fiscal year, and certify that it is accurate.

Contents.

The financial report shall be drawn up on the forms furnished by the Minister, if such is the case. It shall include the financial statements and any other information required by the Minister.

2000, c. 56, Sch. VI, s. 194.

Filing.

195. The treasurer shall, at a meeting of the council, file the financial report and the auditor's report transmitted under section 202.

2000, c. 56, Sch. VI, s. 195.

Transmission to the Minister.

196. After the filing referred to in section 195 and not later than 1 May, the secretary shall transmit the financial report and the auditor's report to the Minister and to each municipality whose territory is situated within the territory of the Community.

2000, c. 56, Sch. VI, s. 196.

Annual report.

197. The secretary shall transmit to the Minister and to each municipality whose territory is situated within the territory of the Community, before 1 June each year, a summary report of the activities of the Community during the preceding fiscal year.

2000, c. 56, Sch. VI, s. 197.

Revenues and expenditures.

198. The Community may request the treasurer, at any time during the year, to produce a detailed account of the revenues and expenditures of the Community.

2000, c. 56, Sch. VI, s. 198.

Auditor.

199. During the period extending from 1 December to 1 May, the Community shall appoint an auditor for the fiscal year beginning during that period. The Community may provide that the appointment is also valid for the following fiscal year or for the two following fiscal years.

Auditor.

If the auditor appointed for a fiscal year is not the auditor in office for the preceding fiscal year, the secretary of the Community shall inform the Minister of the name of the new auditor as soon as possible after the appointment.

2000, c. 56, Sch. VI, s. 199.

Vacancy.

200. If the office of auditor becomes vacant before the expiry of the auditor's term, the Community shall fill the vacancy at the first meeting of the council held after the vacancy occurred.

2000, c. 56, Sch. VI, s. 200.

Duties.

201. The auditor shall, for the fiscal year for which the auditor was appointed, audit the financial statements and any other document the Minister determines by regulation.

Audit report.

The auditor shall prepare an audit report in which the auditor shall state, in particular, whether the financial statements faithfully represent the financial position of the Community on 31 December and the results of its operations for the fiscal year ending on that date.

2000, c. 56, Sch. VI, s. 201.

Transmission to the treasurer.

202. The auditor shall transmit the audit report to the treasurer.

2000, c. 56, Sch. VI, s. 202; 2010, c. 18, s. 74.

Audit report.

203. The Community may require any other audit it considers necessary and require a report.

2000, c. 56, Sch. VI, s. 203.

Ineligibility.

204. In no case may the following persons act as auditor of the Community:

 (1) a member of the council;

 (2) an employee of the Community;

 (3) the associate of a person mentioned in paragraph 1 or 2;

 (4) a person who, during the fiscal year for which the audit is carried out, has, directly or indirectly, personally or through an associate, any participation, interest or commission in or under a contract with the Community or in relation to such a contract, or who derives any benefit from the contract, unless the person's connection with the contract arises from the practice of the person's profession.

2000, c. 56, Sch. VI, s. 204.

Appointment by the Minister.

205. The Minister may, if necessary, order the appointment of an auditor other than the auditor appointed under section 199 and require the auditor to make a report.

2000, c. 56, Sch. VI, s. 205.

CHAPTER V 
REGULATORY POWER

Rules.

206. The Government shall determine, by regulation, the rules that the Community must observe in establishing a program under section 170.

2000, c. 56, Sch. VI, s. 206.

CHAPTER VI 
PENAL PROVISIONS

Offence and penalty.

207. Every person who contravenes section 222 is guilty of an offence and is liable, for each offence, to a fine not exceeding $1,000.

2000, c. 56, Sch. VI, s. 207.

Penal proceedings.

208. The Community may institute penal proceedings for an offence under a provision of this Act.

2000, c. 56, Sch. VI, s. 208.

Jurisdiction.

209. Every municipal court in the territory of the Community has jurisdiction in respect of an offence under a provision of this Act.

2000, c. 56, Sch. VI, s. 209.

Fine.

210. The fine belongs to the Community if it instituted the penal proceedings.

Costs.

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

2000, c. 56, Sch. VI, s. 210; 2003, c. 5, s. 26.

Offences and penalties.

210.1. The Community may determine, by by-law, from among the provisions of a by-law adopted under this Act, those the contravention of which constitutes an offence, and prescribe, for each offence, the fines to which the offender is liable.

First offence.

The fixed or maximum amount prescribed for a first offence may not exceed $1,000 if the offender is a physical person or $2,000 if the offender is a legal person.

Subsequent offence.

For a second or subsequent offence, the fixed or maximum amount prescribed may not exceed $2,000 if the offender is a physical person or $4,000 if the offender is a legal person.

2002, c. 77, s. 57.

Inspector.

210.2. For the purposes of this Act, the Community may authorize a person to act as an inspector.

2002, c. 77, s. 57.

Powers.

210.3. An inspector may, in the exercise of his or her functions:

 (1) enter any premises, at any reasonable hour, to ensure this Act, a by-law or a resolution of the Community is being enforced or complied with;

 (2) take pictures of the place and the property situated thereon;

 (3) require any information or document relating to the application of this Act.

Certificate.

An inspector must present identification on request and show the certificate bearing the signature of the department head and attesting to the inspector's capacity.

2002, c. 77, s. 57.

Hindrance.

210.4. Every person who hinders the work of an inspector, makes a false or misleading statement or refuses to provide any information or document that the inspector is entitled to obtain under this Act or a by-law adopted pursuant to this Act is liable to a fine of not more than $2,000.

Subsequent offence.

For a second or subsequent offence, the maximum fine is $4,000.

2002, c. 77, s. 57.

Party to offence.

210.5. Every person who assists another person in committing an offence under this Act or a by-law adopted pursuant to the Act or who, by encouragement, advice or consent, or by an authorization or an order, induces another person to commit such an offence is liable to the same penalty as that prescribed for the offence committed by the other person.

2002, c. 77, s. 57.

CHAPTER VII 
MISCELLANEOUS PROVISIONS

Provisions applicable.

211. The provisions of Division XIII.1 of the Cities and Towns Act (chapter C-19) apply, with the necessary modifications, to the Community.

2000, c. 56, Sch. VI, s. 211.

Extension.

212. The Minister may, on the conditions determined by the Minister, extend a time period prescribed in this Act or set a new time period.

Validity.

No act or document shall be rendered illegal by the sole fact that it has been performed or adopted after the expiry of a time period prescribed in this Act or, as the case may be, set or extended by the Minister under the first paragraph.

2000, c. 56, Sch. VI, s. 212.

Power of Government.

213. If the Community fails to pass a resolution or by-law within the time prescribed by this Act, the by-law or resolution may be adopted by the Government and shall be binding upon the Community.

Approval required.

A resolution or by-law so adopted by the Government may be repealed or amended only with the approval of the Minister.

2000, c. 56, Sch. VI, s. 213.

Interpretation.

214. Nothing in this Act shall be construed as preventing the Community from passing a resolution or by-law after the time prescribed by this Act, but before such resolution or by-law is adopted by the Government.

2000, c. 56, Sch. VI, s. 214.

Registration of declaration of transfer.

215. The Community shall, as soon as possible after a by-law has been passed under this Act transferring to it the ownership of any immovable in a municipality, register in the office of the registration division concerned a declaration signed by the director general and secretary stating that the Community is now the owner of the immovable described therein following the passing of a by-law of which the number, date of coming into force and reference to the provisions of this Act authorizing the passing thereof must be mentioned in the declaration.

2000, c. 56, Sch. VI, s. 215.

Objections.

216. No objection made to the form or based upon the omission of any formality, even peremptory, shall be admitted in any action, suit or procedure respecting a matter to which this Act applies, unless a real injustice results from the dismissal of such objection or the omission of the formality entails nullity under an express provision of this Act.

Sufficient notice.

No person who has complied with a notice or has become sufficiently acquainted in any way regarding the content or object of the notice shall subsequently invoke insufficiency or defect in the form of the notice, or the failure to publish, to send or to serve the notice.

2000, c. 56, Sch. VI, s. 216.

Documents.

217. The clerk or secretary-treasurer of any municipality whose territory is situated within the territory of the Community must forward to the Community, upon a request by the Community, any document forming part of the records of the municipality or, at its option, a certified true copy of any such document relating directly or indirectly to the exercise by the Community of any jurisdiction assigned to it by this Act.

2000, c. 56, Sch. VI, s. 217.

Interpretation.

218. No by-law of a municipality whose territory is situated within or without the territory of the Community may be considered to operate to prevent the Community from occupying any immovable in the territory of the municipality which it is entitled to occupy in the exercise of the jurisdiction assigned to it by this Act, subject, however, to the right of the municipality to apply to the Commission municipale du Québec to obtain an order from the Commission enjoining the Community not to commence the occupation, or to cease it.

Motion.

Such an application to the Commission municipale du Québec shall be made by a motion served upon the Community, and the Commission municipale du Québec, after hearing or calling the parties, may make any order it considers appropriate.

2000, c. 56, Sch. VI, s. 218.

Interpretation.

219. The Community is a municipality within the meaning of the Labour Code (chapter C-27), the Act respecting the Commission municipale (chapter C-35), the Municipal Aid Prohibition Act (chapter I-15), the Act respecting the Ministère des Affaires municipales, des Régions et de l'Occupation du territoire (chapter M-22.1) and the Act respecting medical laboratories, organ and tissue conservation and the disposal of human bodies (chapter L-0.2).

Provisions applicable.

The Acts mentioned in the first paragraph apply, with the necessary modifications, to the Community.

2000, c. 56, Sch. VI, s. 219; 2001, c. 60, s. 166; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2009, c. 30, s. 58.

Automobile insurance.

220. The Community is dispensed from the obligation of contracting the insurance under section 84 of the Automobile Insurance Act (chapter A-25), and section 103 of that Act applies to the Community.

2000, c. 56, Sch. VI, s. 220.

Appointments by Minister.

221. If any appointment or designation under this Act has not been made within the time prescribed, or within a time that the Minister considers reasonable, it may be made by the Minister without the Minister being required to select the person appointed or designated from among the persons eligible; however, with the permission of the Minister, the appointment or designation may be made even after the expiry of the time, by the persons to whom this Act assigns such duty.

2000, c. 56, Sch. VI, s. 221.

Use of name.

222. No person may, except with the authorization of the Community, use in any manner whatever the name “Communauté métropolitaine de Québec”, the name of any of its departments, its emblem or its graphic symbol.

2000, c. 56, Sch. VI, s. 222.

Population.

223. For the purposes of this Act, the population of the territory of the Community is the sum of the populations of all the municipalities whose territory is situated within the territory of the Community.

2000, c. 56, Sch. VI, s. 223.

Minister responsible.

224. The Minister of Municipal Affairs, Regions and Land Occupancy is responsible for the administration of this Act.

2000, c. 56, Sch. VI, s. 224; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

AMENDING PROVISION

ACT RESPECTING LAND USE PLANNING AND DEVELOPMENT

225. (Omitted).

2000, c. 56, Sch. VI, s. 225.

TRANSITIONAL AND FINAL PROVISIONS

226. (Repealed).

2000, c. 56, Sch. VI, s. 226; 2010, c. 10, s. 131.

227. (Repealed).

2000, c. 56, Sch. VI, s. 227; 2001, c. 25, s. 491; 2002, c. 77, s. 58; 2003, c. 19, s. 250; 2004, c. 20, s. 132; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2010, c. 10, s. 131.

Revised land use planning and development plan.

228. The adoption under section 56.13 of the Act respecting land use planning and development (chapter A-19.1) of a by-law adopting a revised land use planning and development plan, must take place

 (1) not later than 1 June 2001 in the case of Municipalité régionale de comté de La Jacques-Cartier;

 (2) not later than 31 December 2001 in the case of Municipalité régionale de comté de Desjardins and Municipalité régionale de comté des Chutes-de-la-Chaudière;

 (3) not later than 1 June 2002 in the case of Ville de Québec.

Power of the Government.

The Government may prohibit, in any part of the territory of a regional county municipality or within the territory of Ville de Québec, in the case of a failure to comply with the time limits provided for in the first paragraph, any new industrial, commercial or residential structure having regard to government policies or the strategic vision proposed by the Communauté métropolitaine de Québec in respect of that part of territory.

Prohibition.

No building or subdivision permit may be issued under a by-law of a municipality in respect of a structure that is prohibited under the second paragraph.

Precedence of order.

An order made under the second paragraph shall have precedence over any interim control resolution or by-law applicable to the same territory and shall cease to have effect, if not repealed previously, on the date of coming into force of a revised plan applicable to the territory concerned.

2000, c. 56, Sch. VI, s. 228; 2002, c. 68, s. 52.

229. (Repealed).

2000, c. 56, Sch. VI, s. 229; 2001, c. 26, s. 200; 2002, c. 68, s. 52; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2010, c. 10, s. 131.

230. (Repealed).

2000, c. 56, Sch. VI, s. 230; 2010, c. 10, s. 131.

Entries.

231. The roll of every local municipality whose territory is situated within the territory of the Community must contain the entries referred to in section 57.1 of the Act respecting municipal taxation (chapter F-2.1).

Entries.

Every assessor is required to make those entries on any roll that comes into force after 1 January 2001.

Time limit.

In the case of a roll in force on 1 January 2001, the assessor is required to alter the roll not later than 1 September 2001 to make such entries under paragraph 13.1 of section 174 of the Act respecting municipal taxation or, if the entries are used only for the purpose of establishing the aliquot share of the local municipality in the expenses of the Community, by means of a global certificate for all the alterations.

Certificate of amendment.

Where the assessor amends the roll by means of a global certificate, the clerk or the secretary-treasurer of the local municipality is not required to send the notices of alteration, and no application for review may be filed nor any action to quash or set aside be brought with regard to those entries.

Effect.

This section has effect until 31 December 2001.

2000, c. 56, Sch. VI, s. 231; 2001, c. 25, s. 492.

Time limit.

232. The budget of the Community shall, for the fiscal year ending on 31 December 2002, be submitted to the council, in accordance with section 158, not later than 1 April 2002.

Provisions applicable.

Sections 153 to 158 apply, with the necessary modifications, to the budget; in particular, the dates of 15 September and 15 October referred to in section 157 are replaced by the dates of 1 February and 1 March.

2000, c. 56, Sch. VI, s. 232.

Secretary's functions.

233. The functions of the secretary of the Community shall, until the Community appoints its secretary, be exercised by such person as the Minister may appoint.

First council meeting.

The person appointed under the first paragraph shall convene the members to the first meeting of the council of the Community, at the time and place specified in the notice of meeting sent to each member at least seven days before the meeting is to be held, and shall give public notice of the holding of the meeting within the same time in a newspaper circulated in the territory of the Community. At that first meeting, the council shall establish the schedule of its meetings for the year 2002.

2000, c. 56, Sch. VI, s. 233.

Report.

234. The Minister shall, not later than 16 June 2006, report to the Government on the implementation of this Act and on the jurisdictions of the Communauté métropolitaine de Québec. The Community may, not later than 15 December 2005, make any recommendations it considers appropriate in that respect to the Minister.

Tabling.

The report shall be tabled by the Minister within the next 15 days in the National Assembly or, if the Assembly is not in session, within 15 days of resumption.

2000, c. 56, Sch. VI, s. 234.

235. (Repealed).

2000, c. 56, Sch. VI, s. 235; 2001, c. 25, s. 493.

Modification of territory.

236. The Community shall, within three months of the publication by Statistics Canada of the official results of the quinquennial census of 2006, and within three months of the publication of the official results of each such census taken thereafter, report to the Minister on the advisability of modifying its territory to reflect the results.

Report.

As soon as possible, the Minister shall report to the Government; the report shall be tabled within the next 15 days in the National Assembly or, if the Assembly is not in session, within 15 days of resumption.

2000, c. 56, Sch. VI, s. 236.

SCHEDULE  A

(section 2)

MUNICIPALITIES WHOSE TERRITORIES FORM THE TERRITORY OF THE COMMUNITY

Ville de Beaupré, Municipalité de Boischatel, Ville de Château-Richer, Ville de Fossambault-sur-le-Lac, Municipalité de Lac-Beauport, Ville de Lac-Delage, Ville de Lac-Saint-Joseph, Ville de L'Ancienne-Lorette, Paroisse de L'Ange-Gardien, Ville de Lévis, Ville de Québec, Ville de Saint-Augustin-de-Desmaures, Ville de Sainte-Anne-de-Beaupré, Municipalité de Sainte-Brigitte-de-Laval, Ville de Sainte-Catherine-de-la-Jacques-Cartier, Paroisse de Sainte-Famille, Village de Sainte-Pétronille, Municipalité de Saint-Férréol-les-Neiges, Paroisse de Saint-François, Municipalité de Saint-Gabriel-de-Valcartier, Paroisse de Saint-Jean, Paroisse de Saint-Joachim, Municipalité de Saint-Laurent-de-l'Île-d'Orléans, Paroisse de Saint-Louis-de-Gonzague-du-Cap-Tourmente, Municipalité de Saint-Pierre-de-l'Île-d'Orléans, Municipalité de Saint-Tite-des-Caps, Municipalité de Shannon, Cantons-Unis de Stoneham-et-Tewkesbury.

2000, c. 56, Sch. VI-A; 2001, c. 25, s. 494; 2005, c. 50, s. 40.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), Schedule VI to chapter 56 of the statutes of 2000, in force on 1 April 2001, is repealed effective from the coming into force of chapter C-37.02 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 1 to 230 and 232 to 236 of Schedule VI to chapter 56 of the statutes of 2000 as well as Schedule VI-A to chapter 56 of the statutes of 2000, in force on 1 April 2002, are repealed effective from the coming into force of the updating to 1 April 2002 of chapter C-37.02 of the Revised Statutes.