An Act respecting intermunicipal boards of transport in the area of Montréal

Link to law: http://www2.publicationsduquebec.gouv.qc.ca/dynamicSearch/telecharge.php?type=2&file=/C_60_1/C60_1_A.html
Published: 2015-11-01

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chapter C-60.1

An Act respecting intermunicipal boards of transport in the area of Montréal

DIVISION I 
INTERPRETATION

Interpretation:

1. In this Act, unless the context indicates otherwise:

“board”;

“board” means an intermunicipal board of transport;

“municipality”;

“municipality” means a municipality listed in Schedule I, or another municipality brought into an agreement by order of the Government;

“carrier”.

“carrier” means a transit authority, a bus transport permit holder, a taxi permit holder, a group of taxi permit holders or a school bus carrier.

1983, c. 45, s. 1; 1985, c. 35, s. 30; 1993, c. 67, s. 112.

Service.

1.1. For the purposes of this Act, the service consists of the routes, frequency and schedule of trips.

1985, c. 35, s. 31.

DIVISION II 
INTERMUNICIPAL BOARD OF TRANSPORT

Establishment.

2. A municipality, by by-law, may authorize the making of an agreement with any other municipality for the establishment of an intermunicipal board of transport.

Government order.

A board is established by order of the Government approving an agreement made under this section.

1983, c. 45, s. 2.

Objects.

3. The objects of a board are to organize a public transport service in the territory of the municipalities party to the agreement, which territory constitutes the territory of the board, and to provide links to points outside its territory.

Contract.

Only a carrier under contract with the board may supply the service.

1983, c. 45, s. 3.

Tenders.

4. The contract may be made without calling for tenders; where the board calls for tenders, it is not required to accept any tender whatsoever.

School bus carrier.

Where the contract is made with a school bus carrier, the carrier may use vehicles other than school buses or vehicles of the minibus type. The carrier shall not, in such a case, use those vehicles to transport pupils.

1983, c. 45, s. 4; 1985, c. 35, s. 32.

Agreement.

5. An agreement must contain

 (1) the names of the municipalities;

 (2) a description of its objects;

 (3) the name of the board;

 (4) the location of the head office of the board, which must be in the territory of a municipality party to the agreement;

 (5) the number of members of its council that each municipality party to the agreement may delegate to the board;

 (6) the number of votes assigned to each member of the board;

 (7) the amount of the financial contribution of each municipality or the mode of allocating the financial contributions;

 (8) the term of the agreement;

 (9) the mode of dividing the property, debts and other obligations of the board at the end of the agreement.

1983, c. 45, s. 5.

Approval.

6. Every agreement is subject to Government approval, and when submitted therefor must be accompanied with its authorizing by-laws.

1983, c. 45, s. 6.

Municipalities brought into an agreement.

7. The municipalities party to the agreement may apply to the Government, by resolution of each of them setting out the reasons for the application, to bring into the agreement

 (1) a municipality not listed in Schedule I, where the number of persons residing in the territory of that municipality who are likely to use the proposed public transport service is such that it would be equitable to include the municipality in the agreement;

 (2) a municipality that refuses to be party to an agreement where its refusal puts the setting up of the public transport service in jeopardy or renders it too onerous.

Transmission of resolutions.

The municipalities shall transmit the resolutions within 15 days of passage to the municipality they wish brought into the agreement. The latter municipality, within 30 days after receiving the resolution of the municipalities, may apply to the Government, by a resolution setting out the reasons for the application, not to be brought into the agreement. It shall then transmit the resolution within 15 days of passage to the municipalities party to the agreement.

Accompanying document.

In the cases contemplated in this section, in addition to the documents required in section 6, the agreement must be accompanied, when it is transmitted to the Government, with proof that the resolutions have been sent.

1983, c. 45, s. 7; 1984, c. 47, s. 36.

Government order.

8. The Government may approve an agreement and order the establishment of a board, indicating in the order the date and place of its first meeting.

Municipality brought into an agreement.

Where the Government approves an agreement, it may, in the cases provided in section 7, bring into it a municipality that is not listed in Schedule I or a municipality that refuses to be party thereto, in which case it shall fix the number of members the municipality may delegate to the board and determine how many votes are assigned to them. It may also establish the municipality's financial contribution. A municipality brought into an agreement pursuant to this section is bound thereby.

Publication.

The order is published in the Gazette officielle du Québec.

1983, c. 45, s. 8.

Amendment.

9. The municipalities party to the agreement may amend it.

Approval of agreement.

A municipality may, by a resolution stating the grounds for its objection, request the Government not to approve the amendment. Where a municipality fails, following a request by the Minister of Transport, to transmit such a resolution within the time fixed by him, it is deemed to have agreed to the amendment.

Approval by Government order.

The Government may approve the proposed amendment despite the objection of a municipality. The amendment to the agreement becomes effective from the date of publication in the Gazette officielle du Québec of the order by which the Government approves the amendment or from a later date indicated therein.

1983, c. 45, s. 9; 1988, c. 25, s. 45.

10. Sections 29.3, 71, 72, 73.1, 105, the first paragraph of section 105.1, sections 105.2, 108 to 108.6 and 356 to 368, paragraphs 8 and 10 of section 464 and sections 468.12 to 468.47, 468.51.1, 473, 477.1, 477.2, 564 and subsection 2 of section 567 and sections 604.6 to 604.13 of the Cities and Towns Act (chapter C-19) and sections 1, 2, 4 to 8, 12 to 44 and 50 of the Act respecting municipal debts and loans (chapter D-7) apply to the board with the necessary modifications. More specifically,

 (1) for the purposes of section 105.2 of the Cities and Towns Act, the reports must be sent not later than 15 April and they must also be sent to each municipality that is a party to the agreement constituting the board;

 (2) for the purposes of section 468.34 of the Act, the budget must be sent not later than 1 November and it must also be sent to the Agence métropolitaine de transport; and

 (3) for the purposes of section 468.36 of the Act, the supplementary budget must also be sent to the Agence métropolitaine de transport.

1983, c. 45, s. 10; 1984, c. 38, s. 133; 1985, c. 27, s. 80; 1986, c. 66, s. 1; 1988, c. 84, s. 705; 1995, c. 65, s. 115; 1996, c. 27, s. 144; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2008, c. 18, s. 71; 2009, c. 26, s. 109; 2012, c. 11, s. 27.

Transport organizing by-law.

11. A board, by by-law, shall establish the public transport service it intends to organize.

Transmission to Agency.

A by-law of a board establishing a public transport service requires to be transmitted to the Agence métropolitaine de transport. If the by-law prescribes the establishment of a link to any point outside the territory of the board, the Agency may disallow the by-law with respect to such link within 30 days after receiving it; it shall thereafter notify the board and cause its decision to be published in the Gazette officielle du Québec.

Notice to board.

The Agency may, however, before the expiry of the 30-day period, inform the board that it does not intend to disallow the by-law.

1983, c. 45, s. 11; 1985, c. 35, s. 33; 1986, c. 66, s. 2; 1988, c. 25, s. 46; 1995, c. 65, s. 116.

Contract.

12. Where a transport organizing by-law is in force, the board, by resolution, may contract with a carrier to provide the service.

1983, c. 45, s. 12; 1985, c. 35, s. 34.

Holder of bus permit.

12.1. Where the board organizes for the first time a public transport service, other than a shared transportation service by taxi, which competes with the service supplied by the holder of a bus transport permit of the class determined by regulation of the Government, it shall first deliver its specifications for the proposed public transport service to the holder of the permit.

Proposal.

The permit holder may, within thirty days following the delivery of the specifications, submit a proposal to the board.

Required class of permit.

The Government may, by regulation, determine the class of bus transport permit a person is required to hold for the purposes of this section.

1985, c. 35, s. 35; 1986, c. 66, s. 3.

Call for tenders.

12.2. Failing an agreement with the permit holder within ninety days following the delivery of the specifications, the board may call for tenders.

Negotiation with permit holder.

The board shall, within thirty days after the opening of tenders, negotiate again with the permit holder after notifying all the tenderers in writing and make the contract with the holder if he agrees to execute the contract at the price of the lowest tender or at a lower price.

Specifications.

No changes may be made to the specifications for the purposes of the call for tenders or the negotiation.

1985, c. 35, s. 35.

Competing service.

12.3. Notwithstanding section 40 of the Transport Act (chapter T-12), the Commission des transports du Québec, following the receipt of a copy of the contract made by the board to organize a public transport service other than a shared transportation service by taxi, shall amend or, if necessary, revoke any bus transport permit of the class determined by the regulations under section 12.1 authorizing its holder to operate, in the territory of the board, a service that would compete with the service provided under the contract. The permit shall be amended or revoked only to the extent that such amendment or revocation is necessary to eliminate competing services.

Notification.

The Commission shall, before amending or revoking a permit under the first paragraph, notify the permit holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the permit holder at least 10 days to present observations.

Applicability.

This section applies even where the holder of the permit is a party to the contract. It does not apply where the board organizes a public transport service for the first time and the contract is made for a period of less than six months.

1986, c. 66, s. 4; 1988, c. 25, s. 47; 1997, c. 43, s. 207.

Number of passengers.

12.4. Where the contract provides that the remuneration of the carrier shall be based, in whole or for the greater part, on the number of passengers carried, it must indicate, on an annual basis, the number of passengers projected by the parties and contain a clause whereby the board undertakes to make up any insufficiency of receipts due to a smaller number of passengers than the number projected in the contract.

1986, c. 66, s. 4.

Copies of the contract.

13. Upon making a contract, a board shall send a copy to the Minister of Transport and to the Commission des transports du Québec.

1983, c. 45, s. 13.

Fares.

14. The board, by resolution, shall fix the various passenger fares according to the classes of users it determines.

Changes in service, schedules.

The board may make changes in the service; such changes shall be made by by-law of the board, except schedule changes which may be made by resolution.

Publication.

A certified copy of every resolution concerning fares or schedules shall be published in a newspaper circulated in the territory of the board and shall be posted in every vehicle. No fare or schedule change may come into force before the expiry of 15 days after the date of publication and posting.

Fares and service.

A carrier shall collect fares and supply any new service. Every contract must contain clauses for adjusting the contract price to take account of changes in the service.

1983, c. 45, s. 14; 1988, c. 25, s. 48; 2001, c. 23, s. 236.

Draft by-law.

15. Where a member of a board gives notice of a motion to make a change in a service, he shall at the same time table a draft by-law. A summary of the draft requires to be published in a newspaper circulated in the territory of the board and to be posted up in the vehicles of the carrier not less than 15 days before the adoption of the by-law.

1983, c. 45, s. 15; 1988, c. 25, s. 49; 2001, c. 23, s. 236.

Transmission to Agency.

16. A copy of a by-law of a board making a change in its service requires to be transmitted to the Agence métropolitaine de transport.

Possible disallowal.

If the by-law prescribes the establishment of or a change to a link to any point outside the territory of the board, the Agency may disallow the by-law with respect to such link within 30 days after receiving it; it shall thereafter notify the board and cause its decision to be published in the Gazette officielle du Québec. In no case may the part of the by-law that has been disallowed be published or come into force.

Notice to board.

The Agency may, however, before the expiry of the 30-day period, inform the board that it does not intend to disallow the by-law.

1983, c. 45, s. 16; 1985, c. 35, s. 36; 1986, c. 66, s. 5; 1988, c. 25, s. 50; 1995, c. 65, s. 117.

Leasing and acquisition.

17. A board may lease or acquire property for the objects for which it is established, and entrust it to the carrier under contract with it. It may also make service contracts.

1983, c. 45, s. 17.

Agreements.

18. A board, by by-law approved by the Agence métropolitaine de transport, may make an agreement with any municipality whether or not its territory is situated within the territory of a board, with another board or a transit authority in order to improve the service offered to users.

1983, c. 45, s. 18; 1984, c. 47, s. 37; 1988, c. 25, s. 51; 1993, c. 67, s. 113; 1995, c. 65, s. 118; 1996, c. 2, s. 595.

Prior authorization.

18.1. Notwithstanding section 3, no board whose territory is wholly situated within the territory of another board may provide links to points outside its territory without the prior authorization of that other board.

1985, c. 35, s. 37.

Copies of draft by-law.

18.2. Every draft by-law of a board providing for the establishment of links to any point within the territory of a public body providing public transport or for changes therein shall be sent to the public body and to each local municipality whose territory is comprised in the territory of the public body and is affected by the proposed route, at least 30 days before the date set for the adoption of the by-law.

1985, c. 35, s. 37; 1988, c. 25, s. 52; 1996, c. 2, s. 596.

Copy of notices.

18.3. In cases provided for in section 18.2, the board shall, when sending its by-law to the Agence métropolitaine de transport, attach to it a copy of the notices it has received from the transit authority and from municipalities to which the draft by-law has been sent.

1985, c. 35, s. 37; 1988, c. 25, s. 53; 1993, c. 67, s. 114; 1995, c. 65, s. 119.

Transport services by others.

18.4. The board may take any measure it considers appropriate to promote the organization and operation of public transport services not organized by the board itself and to supply support services to users and to organizers of such transport services.

1986, c. 66, s. 6.

DIVISION II.1 
AMALGAMATION OF INTERMUNICIPAL BOARDS
2001, c. 23, s. 237.

Amalgamation.

18.5. The Minister may, at any time, order the amalgamation of boards and fix the time limit within which the member municipalities of those boards must enter into a new agreement under section 5. Current agreements continue to apply notwithstanding their expiry until a new board is established.

Recommendation.

The order of the Minister may be made following a recommendation of a board.

2001, c. 23, s. 237.

New board.

18.6. At the expiry of the time limit fixed by the Minister, the Government may order the establishment of a new board, designate the municipalities that will be part of the board and supply any deficiency with respect to the content of the agreement that was to be made by the municipalities.

Obligations of municipality.

It may also determine the obligations of a municipality that was a member of a board which has ceased to exist by reason of an amalgamation.

2001, c. 23, s. 237.

Boards replaced.

18.7. The boards whose amalgamation has been ordered cease to exist on the date fixed in the order establishing the new board and are replaced by the new board.

2001, c. 23, s. 237.

Rights and obligations.

18.8. The new board succeeds to the rights and obligations of the boards which ceased to exist.

Party to proceedings.

It becomes, without continuance of suit, a party to all proceedings in the place and stead of those boards.

2001, c. 23, s. 237.

Acts.

18.9. All acts of the boards which have ceased to exist continue to have effect and are deemed to be acts of the new board.

2001, c. 23, s. 237.

Personnel.

18.10.  The employees of and other persons employed by the boards which have ceased to exist become, without reduction in salary, such employees and other persons of the new council and retain their seniority and employment benefits.

Prohibition.

They may not be laid off or dismissed solely by reason of the amalgamation.

2001, c. 23, s. 237.

Pension plans.

18.11. The employees of and other persons employed by a board which has ceased to exist continue, within the framework of the new board, to be members of the pension plans of which they were members before the amalgamation.

Participation.

A new board is required to participate in those pension plans.

2001, c. 23, s. 237.

Executive committee.

18.12. Any new board comprising more than ten municipalities may, by by-law, establish an executive committee, determine its composition and delegate to it the powers it indicates.

2001, c. 23, s. 237.

Regional public transport board.

18.13. The Government may order the establishment of a regional public transport board having the powers of a legal person and having a territory that corresponds, in whole or in part, to the territory of the regional county municipalities specified in the order. The Government may bring into such a regional board any regional county municipality that refuses to be part thereof.

2001, c. 66, s. 64.

Powers.

18.14. A regional public transport board shall exercise, in relation to public transport, the powers assigned by the order to it from among those assigned by the Act to intermunicipal boards of transport operating in its territory, in addition to any other power the Government considers necessary for the organization and operation of public transport services in its territory.

2001, c. 66, s. 64.

Order.

18.15. The order shall provide for the composition of the regional board, its rules of operation and the apportioning of costs as well as the terms and conditions on which its property, debts and other obligations are to be shared in the case of dissolution.

Order.

The order shall also determine, where necessary, the rules that apply to the succession of the rights and obligations of the intermunicipal boards of transport in its territory and make any other provision to supply any deficiency in the law.

2001, c. 66, s. 64.

Additional members.

18.16. Every intermunicipal board and every regional public transport board must, at its first meeting following the 31 December 2001, designate as additional members two persons it chooses, one from among the users of public transport services and the other from among the users of services adapted to the needs of handicapped persons, and allocate to each member the number of votes the member shall have.

2001, c. 66, s. 64.

DIVISION III 
RENEWAL AND EXPIRY

Renewal of agreements.

19. An agreement is renewed at term for the same period and on the same conditions, provided no application is made to the Government pursuant to sections 20 and 22.

1983, c. 45, s. 19.

Municipalities brought into an agreement.

20. Not later than 120 days before the end of an agreement, all the municipalities party to it that wish to renew it may apply to the Government by resolution of each of them, setting out the reasons for the application, to bring into the agreement

 (1) a municipality not listed in Schedule I, where the number of persons residing in the territory of that municipality who are using the public transport service is such that it would be equitable to include the municipality in the agreement;

 (2) another municipality if they are of the opinion that its inclusion is required in the interests of improved public transport service or lower operating costs.

Resolutions.

The municipalities shall transmit the resolutions within 15 days of passage to the municipality they wish brought into the agreement. The latter municipality may apply to the Government, by a resolution setting out the reasons for the application, not to be brought into the agreement. It shall then transmit the resolution, within 15 days of passage, to the municipalities party to the agreement.

Municipality wishing to be excluded.

Not later than 120 days before the end of an agreement, a municipality party to it may, by by-law, apply to the Government to be left out of it on its renewal. It shall transmit the by-law within 15 days of passage to the other municipalities party to the agreement, and accompany the application to the Government with proof that the by-law has been so transmitted.

1983, c. 45, s. 20.

Renewal of agreement.

21. Within 30 days after receiving a by-law pursuant to the third paragraph of section 20, a municipality may apply to the Government to leave out or not to leave out the municipality in question when renewing the agreement. The application is made by resolution, setting out the reasons therefor.

1983, c. 45, s. 21.

Non-renewal.

22. Where, not later than 120 days before the end of an agreement, all the municipalities party to it notify the Government that they intend not to renew the agreement or to be left out of it, it is not renewed.

1983, c. 45, s. 22.

Renewal by order.

23. Except in the case of section 19 or 22, the Government, by order, may renew or not renew an agreement, and may, if it renews it, amend it to give effect to an application under section 20 to leave out a municipality or to bring a municipality not listed in Schedule I or another municipality into it.

Renewal.

The second and third paragraphs of section 8 apply to the renewal of an agreement when the Government brings a municipality not listed in Schedule I or another municipality into it.

1983, c. 45, s. 23.

Extension of agreement.

24. If, at the term of an agreement, the Government has not decided whether or not to renew it, it is extended until the Government decides, but not beyond 60 days after the end of the agreement.

1983, c. 45, s. 24.

Dissolution by order.

25. Where an agreement is not renewed, the Government shall dissolve the board by order.

1983, c. 45, s. 25.

Contract with carrier.

26. A board shall arrange to be under contract with a carrier throughout the life of an agreement.

1983, c. 45, s. 26.

DIVISION IV 
GENERAL PROVISIONS

Public transport service.

27. A municipality party to an agreement may, in accordance with section 48.18 of the Transport Act (chapter T-12), contract with a carrier to provide another public transport service.

Links to points outside territory.

Where the service provides for links to any point outside its territory, in no case may the municipality make the contract without the prior authorization of the Agence métropolitaine de transport and of the board.

1983, c. 45, s. 27; 1985, c. 35, s. 38; 1995, c. 65, s. 120; 2005, c. 6, s. 217.

Links to outside points.

27.1. A municipality party to an agreement may, by resolution, request the board of which it is a member to organize in its territory a special transportation service for handicapped persons and to provide links to points outside the territory.

Carrier.

Where the board organizes such a service, it shall not be provided by anyone but a carrier or a person under contract with the board.

Deficit.

The municipality having made the request referred to in the first paragraph shall assume any deficit arising from the service.

1984, c. 23, s. 37; 1988, c. 25, s. 54.

Contribution of municipalities.

27.2. Where the request referred to in section 27.1 is made by two or more municipalities, they shall make an agreement providing for the financial contribution of each municipality towards the organization of the service.

1984, c. 23, s. 37.

Contract with carrier.

27.3. A municipality having availed itself of the first paragraph of section 27.1 may, if the board refuses to organize the service, make a contract with a carrier in accordance with section 48.39 of the Transport Act (chapter T-12).

1988, c. 25, s. 55; 2005, c. 6, s. 218.

Temporary service.

27.4. A municipality party to an agreement may also, with the authorisation of the Agence métropolitaine de transport, make a contract with a carrier, in accordance with section 48.30 of the Transport Act (chapter T-12), to provide, on the occasion of a special event, in its territory, a temporary public transport service which does not compete with the service organized by the board or provided by a permit holder pursuant to his permit.

1988, c. 25, s. 55; 1995, c. 65, s. 121; 2005, c. 6, s. 219.

Copy of by-law.

28. A municipality, upon passing a by-law pursuant to section 2, section 48.18 of the Transport Act (chapter T-12), or a resolution pursuant to section 86, shall transmit a copy to the Commission des transports du Québec.

Copy of contract.

In addition, upon making any public transport contract except a contract under section 86, a municipality shall transmit a copy to the Commission.

1983, c. 45, s. 28; 2005, c. 6, s. 220.

Public transport permit.

29. From 1 January to 31 March 1984, any holder of a public transport permit may without formality operate a public transport service in the territory of a municipality if neither the municipality nor the board it belongs to is under contract with a carrier and if the municipality is not served by a public body providing public transport, and may also provide links to points outside the territory of the municipality.

1983, c. 45, s. 29.

Special permit.

30. The Commission des transports du Québec may grant a special permit to allow the operation of a public transport service from 1 April to 31 December 1984 in the territory of a municipality that has not passed a by-law to become a member of a board or a by-law or resolution to contract with a carrier and that is not served by a public body providing public transport.

1983, c. 45, s. 30.

Cessation of operation.

31. The holder of a special public transport permit shall cease to operate the public transport service in a municipality upon being informed by the Commission des transports du Québec that the municipality or the board it belongs to is under contract with a carrier.

Revocation.

The permit is then revoked and the carrier is not entitled to any compensation for that fact.

1983, c. 45, s. 31.

Conversion of permit.

32. The Commission des transports du Québec may convert a special permit into a regular public transport permit for the territory of a municipality that, on 31 December 1984, is neither a member of a board nor under contract with a carrier.

1983, c. 45, s. 32.

Municipality not member of a board.

33. Subject to section 32, the Commission des transports du Québec may issue a public transport permit to serve, from 1 January 1985, the territory of a municipality that is not a member of a board nor under contract with a carrier and that is not served by a public body providing public transport.

1983, c. 45, s. 33.

Jurisdiction.

33.1. Transport supplied by a carrier under a contract made with a board is not subject to the jurisdiction of the Commission des transports du Québec.

1985, c. 35, s. 39.

Prior authorization of board.

33.2. In no case may the Commission des transports du Québec issue a bus transport permit or alter the service that the holder of a bus transport permit is authorized to supply in the territory of a board without the prior authorization of the board.

Deemed authorization.

If the board does not indicate its refusal to the Commission des transports du Québec within 60 days after the Commission's application for authorization, the board is deemed to have given its authorization.

Cancellation or reduction of service.

This section does not apply in the case of a cancellation or reduction of service or in the case of the establishment of a new service which does not compete with the public transport service organized by the board.

1985, c. 35, s. 39; 1986, c. 66, s. 7; 1999, c. 40, s. 84.

DIVISION IV.1 
INSPECTION
2015, c. 16, s. 3.

33.3. The board shall generally or specially authorize any person from among its employees and officers or from among the employees or officers of another intermunicipal board of transport or of a carrier under contract with it to act as an inspector for the purposes of this division, Division IV.2 and the by-laws made under section 33.6.

2015, c. 16, s. 3.

33.4. An inspector may require that any transportation ticket issued under the board's authority be produced for inspection.

2015, c. 16, s. 3.

33.5. An inspector shall, on request, produce a certificate of authority.

2015, c. 16, s. 3.

DIVISION IV.2 
REGULATORY AND PENAL PROVISIONS
2015, c. 16, s. 3.

33.6. The board may, by a by-law approved by all the municipalities that are parties to the agreement, prescribe conditions regarding the possession and use of transportation tickets issued under its authority. The by-law may determine, among its provisions, those whose violation constitutes an offence entailing a fine in an amount that may be fixed or that may, depending on the circumstances, vary between a minimum and a maximum amount.

For a first offence, the fixed amount or maximum amount may not exceed $500 if the offender is a natural person or $1,000 in all other cases. The amounts are doubled for a subsequent offence. The minimum amount may not be less than $25.

The by-law referred to in the first paragraph must be published in a newspaper circulated in the territory of the board. It comes into force on the fifteenth day following its publication or on any later date specified in the by-law.

2015, c. 16, s. 3.

33.7. A by-law under section 33.6 applies even where a carrier's vehicle is used, under the carrier's contract with the board, to travel outside the territory of the board.

An inspector referred to in section 33.3 has jurisdiction for the purposes of the first paragraph.

2015, c. 16, s. 3.

33.8. Whoever hinders or attempts to hinder in any way the exercise of the inspector's functions, misleads the inspector through concealment or misrepresentation, refuses to hand over a document or information the inspector is entitled to require or examine, or conceals or destroys such a document is guilty of an offence and is liable to a fine of not less than $250 nor more than $500.

2015, c. 16, s. 3.

33.9. The board may institute penal proceedings for an offence under this division.

2015, c. 16, s. 3.

33.10. Every municipal court having jurisdiction in the territory of the board has jurisdiction with respect to an offence under this division.

In the case of an offence committed outside the territory of the board, the municipal court having jurisdiction in the territory where the offence was committed has jurisdiction with respect to the offence.

2015, c. 16, s. 3.

33.11. The fine belongs to the board that instituted the penal proceedings.

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.

2015, c. 16, s. 3.

DIVISION V 
VARIOUS AMENDMENTS

34. (Amendment integrated into c. C-27.1, aa. 525-539).

1983, c. 45, s. 34.

35. (Amendment integrated into c. C-19, ss. 467-467.14).

1983, c. 45, s. 35.

36. (Amendment integrated into c. C-37.1, s. 171).

1983, c. 45, s. 36.

37. (Amendment integrated into c. C-37.1, ss. 172.1-172.2).

1983, c. 45, s. 37.

38. (Amendment integrated into c. C-37.1, s. 182).

1983, c. 45, s. 38.

39. (Amendment integrated into c. C-37.1, s. 196).

1983, c. 45, s. 39.

40. (Amendment integrated into c. C-37.1, s. 196.1).

1983, c. 45, s. 40.

41. (Amendment integrated into c. C-37.2, s. 236).

1983, c. 45, s. 41.

42. (Amendment integrated into c. C-37.2, s. 253).

1983, c. 45, s. 42.

43. (Amendment integrated into c. C-37.2, ss. 256-257).

1983, c. 45, s. 43.

44. (Amendment integrated into c. C-37.2, s. 258).

1983, c. 45, s. 44.

45. (Amendment integrated into c. C-37.2, s. 265).

1983, c. 45, s. 45.

46. (Amendment integrated into c. C-37.2, s. 266).

1983, c. 45, s. 46.

47. (Amendment integrated into c. C-37.2, s. 267).

1983, c. 45, s. 47.

48. (Omitted).

1983, c. 45, s. 48.

49. (Amendment integrated into c. C-37.2, s. 289).

1983, c. 45, s. 49.

50. (Amendment integrated into c. C-37.2, s. 289.1).

1983, c. 45, s. 50.

51. (Omitted).

1983, c. 45, s. 51.

52. (Amendment integrated into c. C-37.3, ss. 169-170).

1983, c. 45, s. 52.

53. (Amendment integrated into c. C-37.3, s. 188).

1983, c. 45, s. 53.

54. (Amendment integrated into c. C-37.3, ss. 189.1-189.2).

1983, c. 45, s. 54.

55. (Amendment integrated into c. C-37.3, s. 190).

1983, c. 45, s. 55.

56. (Amendment integrated into c. C-37.3, s. 199).

1983, c. 45, s. 56.

57. (Amendment integrated into c. C-37.3, s. 216).

1983, c. 45, s. 57.

58. (Amendment integrated into c. C-37.3, s. 216.1).

1983, c. 45, s. 58.

59. (Amendment integrated into c. C-70, s. 4).

1983, c. 45, s. 59.

60. (Amendment integrated into c. C-70, s. 38).

1983, c. 45, s. 60.

61. (Amendment integrated into c. C-70, s. 62).

1983, c. 45, s. 61.

62. (Omitted).

1983, c. 45, s. 62.

63. (Amendment integrated into c. C-70, s. 67).

1983, c. 45, s. 63.

64. (Omitted).

1983, c. 45, s. 64.

65. (Amendment integrated into c. C-70, s. 110.1).

1983, c. 45, s. 65.

66. (Amendment integrated into c. C-70, ss. 116-116.1).

1983, c. 45, s. 66.

67. (Omitted).

1983, c. 45, s. 67.

68. (Omitted).

1983, c. 45, s. 68.

69. (Omitted).

1983, c. 45, s. 69.

70. (Omitted).

1983, c. 45, s. 70.

71. (Omitted).

1983, c. 45, s. 71.

72. (Omitted).

1983, c. 45, s. 72.

73. (Omitted).

1983, c. 45, s. 73.

74. (Omitted).

1983, c. 45, s. 74.

75. (Omitted).

1983, c. 45, s. 75.

76. (Omitted).

1983, c. 45, s. 76.

77. (Omitted).

1983, c. 45, s. 77.

78. (Omitted).

1983, c. 45, s. 78.

79. (Omitted).

1983, c. 45, s. 79.

80. (Omitted).

1983, c. 45, s. 80.

81. (Omitted).

1983, c. 45, s. 81.

82. (Omitted).

1983, c. 45, s. 82.

83. (Omitted).

1983, c. 45, s. 83.

84. (Omitted).

1983, c. 45, s. 84.

85. (Omitted).

1983, c. 45, s. 85.

DIVISION VI 
TRANSITIONAL AND FINAL PROVISIONS

Contract with carrier.

86. Any municipality may, by resolution and without approval or any other formality, for a period ending not later than 31 December 1984, sign with a carrier a contract to organize a public transport service in its territory and to provide links to points outside its territory. The contract must provide for the financial contribution of the municipality to the service, and may be made without a call for tenders.

1983, c. 45, s. 86.

Prohibition.

87. Notwithstanding section 86, no contract may be made to organize a public transport service similar to the service already operated by the holder of a public transport permit under the permit.

1983, c. 45, s. 87.

School bus or minibus.

88. Where service is supplied by a school bus carrier, the carrier shall supply such service by means of school bus or school minibus only.

1983, c. 45, s. 88.

Contract.

89. A transit commission or corporation is authorized, without any formality, to sign a contract described in section 86.

1983, c. 45, s. 89.

Fares.

90. A municipality shall, by resolution, fix the various passenger fares according to the classes of users it determines.

1983, c. 45, s. 90.

Delegation.

91. A municipality may, by resolution and without approval or any other formality, delegate to another municipality the powers assigned to it in sections 86 and 90.

Delegation.

It may also, in the same manner, after availing itself of section 86, entrust to another municipality the responsibility of administering for it the public transport service and exercising for it its powers under section 90.

Acceptance.

Any municipality may, by resolution and without approval or any other formality, accept the delegation.

Copy to the Minister.

A municipality shall cause a copy of any resolution passed under this section to be sent to the Minister of Transport.

1983, c. 45, s. 91.

Intermunicipal agreement.

92. No agreement in the matter of public transport may be made except in accordance with this Act where municipalities are involved.

1983, c. 45, s. 92; 1985, c. 35, s. 40.

Document intended for the Government.

93. Every document intended for the Government under this Act shall be sent to the Minister of Transport, who shall acknowledge receipt thereof.

1983, c. 45, s. 93.

Indemnity.

94. The Société de transport de la Communauté urbaine de Montréal, the Société de transport de la Communauté urbaine de Québec and the Société de transport de la rive sud de Montréal are not entitled to any indemnity for the loss of their right to continue to operate, outside their territories, any public transport system which included or owned a public transport undertaking from which they have acquired property or capital stock.

1983, c. 45, s. 94; 1985, c. 31, s. 44; 1985, c. 32, s. 159; 1993, c. 67, s. 128.

Services continued.

95. Notwithstanding the dissolution of the subsidiary of the Commission de transport de la Rive Sud de Montréal and the repeal of the second paragraph of section 19 and sections 74a to 74d of its incorporating Act and notwithstanding the repeal of the second paragraph of section 236 and sections 302 to 306 of the Act respecting the Communauté urbaine de Montréal (chapter C-37.2), the Commission de transport de la Rive Sud de Montréal and the Commission de transport de la Communauté urbaine de Montréal may continue, until 31 March 1984, to exercise all the rights, powers, privileges and obligations that were conferred by those sections.

1983, c. 45, s. 95.

Applicability of s. 86.

96. Section 86 does not apply to a municipality whose territory is served, under section 95, by the Société de transport de la rive sud de Montréal or by the Société de transport de la Communauté urbaine de Montréal. However, where such a municipality has signed a contract under section 86 with such a transit corporation, section 95 does not apply.

1983, c. 45, s. 96; 1985, c. 32, s. 159; 1985, c. 31, s. 44.

Effect.

97. Notwithstanding sections 51 and 76, sections 302 to 306 of the Act respecting the Communauté urbaine de Montréal (chapter C-37.2) and sections 74a to 74d of the Act to incorporate the Montreal South Shore Transit Commission (1971, chapter 98) continue to have effect as to the aliquot shares due to a transit commission before the repeal of those sections and as to the aliquot shares that may be exigible under section 95 of this Act.

Effect.

The first paragraph ceases to have effect from the date fixed by proclamation of the Government.

1983, c. 45, s. 97.

Minister responsible.

98. The Minister of Transport is responsible for the administration of this Act, except section 10, which is under the responsibility of the Minister of Municipal Affairs, Regions and Land Occupancy.

1983, c. 45, s. 98; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

Effect.

99. Sections 86, 87, 89 and 91 have effect from 16 November 1983.

Presumption.

The resolutions and contracts relating to matters contemplated in those sections, passed and made before 21 December 1983, are deemed to have been passed and made under those sections.

1983, c. 45, s. 99.

100. (This section ceased to have effect on 21 December 1988).

1983, c. 45, s. 100; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

101. (Omitted).

1983, c. 45, s. 101.

SCHEDULE  I

MUNICIPALITIES WITHIN THE MEANING OF THIS ACT

Ville de Beauharnois

Ville de Bedford

Canton de Bedford

Ville de Beloeil

Ville de Berthierville

Ville de Blainville

Ville de Bois-des-Filion

Ville de Boisbriand

Municipalité de Brownsburg-Chatham

Paroisse de Calixa-Lavallée

Ville de Candiac

Ville de Carignan

Ville de Chambly

Ville de Charlemagne

Ville de Châteauguay

Municipalité de Chertsey

Ville de Contrecoeur

Municipalité de Crabtree

Ville de Delson

Ville de Deux-Montagnes

Municipalité d'Entrelacs

Ville de Farnham

Municipalité de Franklin

Municipalité de Grande-Île

Canton de Godmanchester

Municipalité d'Henryville

Village de Howick

Ville d'Hudson

Ville de Huntingdon

Ville de Joliette

Ville de L'Assomption

Paroisse de L'Épiphanie

Ville de L'Épiphanie

Ville de L'Île-Cadieux

Ville de L'Île-Perrot

Ville de La Prairie

Ville de Lachute

Municipalité de Lanoraie

Ville de Lavaltrie

Ville de Le Gardeur

Ville de Léry

Municipalité des Cèdres

Ville de Lorraine

Ville de Maple Grove

Ville de Marieville

Ville de Mascouche

Municipalité de McMasterville

Village de Melocheville

Ville de Mercier

Ville de Mirabel

Municipalité de Mont-Saint-Grégoire

Ville de Mont-Saint-Hilaire

Municipalité de Notre-Dame-de-L'Île-Perrot

Municipalité de Notre-Dame-de-la-Merci

Municipalité de Notre-Dame-des-Prairies

Municipalité d'Oka

Municipalité d'Ormstown

Ville d'Otterburn Park

Ville de Pincourt

Municipalité de Pointe-Calumet

Village de Pointe-des-Cascades

Municipalité de Rawdon

Ville de Repentigny

Ville de Richelieu

Municipalité de Rigaud

Ville de Rosemère

Paroisse de Saint-Alexis

Village de Saint-Alexis

Municipalité de Saint-Amable

Paroisse de Saint-Anicet

Municipalité de Saint-Armand

Ville de Saint-Basile-le-Grand

Municipalité de Saint-Charles-Borromée

Municipalité de Saint-Chrysostome

Ville de Saint-Constant

Municipalité de Saint-Donat

Municipalité de Saint-Esprit

Municipalité de Saint-Étienne-de-Beauharnois

Ville de Saint-Eustache

Paroisse de Saint-Hyppolyte

Ville de Saint-Hyacinthe

Paroisse de Saint-Isidore

Municipalité de Saint-Jacques

Ville de Saint-Jean-sur-Richelieu

Ville de Saint-Jérôme

Ville de Saint-Joseph-de-Sorel

Municipalité de Saint-Joseph-du-Lac

Paroisse de Saint-Lazare

Paroisse de Saint-Louis-de-Gonzague

Municipalité de Saint-Mathias-sur-Richelieu

Municipalité de Saint-Mathieu

Municipalité de Saint-Mathieu-de-Beloeil

Municipalité de Saint-Paul

Municipalité de Saint-Philippe

Municipalité de Saint-Pierre-de-Véronne-à-Pike-River

Ville de Saint-Rémi

Paroisse de Saint-Roch-de-l'Achigan

Municipalité de Saint-Roch-Ouest

Paroisse de Saint-Sébastien

Paroisse de Saint-Stanislas-de-Kostka

Paroisse de Saint-Sulpice

Paroisse de Saint-Thomas-d'Aquin

Ville de Saint-Timothée

Municipalité de Saint-Urbain-Premier

Paroisse de Sainte-Angèle-de-Monnoir

Paroisse de Sainte-Anne-de-Sabrevois

Paroisse de Sainte-Anne-de-Sorel

Ville de Sainte-Anne-des-Plaines

Paroisse de Sainte-Barbe

Municipalité de Sainte-Brigide-d'Iberville

Ville de Sainte-Catherine

Paroisse de Sainte-Clotilde-de-Châteauguay

Paroisse de Sainte-Geneviève-de-Berthier

Ville de Sainte-Julie

Municipalité de Sainte-Julienne

Village de Sainte-Madeleine

Paroisse de Sainte-Marie-Madeleine

Paroisse de Sainte-Marie-Salomé

Ville de Sainte-Marthe-sur-le-Lac

Municipalité de Sainte-Martine

Ville de Sainte-Thérèse

Ville de Salaberry-de-Valleyfield

Ville de Sorel-Tracy

Municipalité de Stanbridge Station

Municipalité de Terrasse-Vaudreuil

Ville de Terrebonne

Paroisse de Très-Saint-Sacrement

Ville de Varennes

Ville de Vaudreuil-Dorion

Village de Vaudreuil-sur-le-Lac

Municipalité de Venise-en-Québec

Municipalité de Verchères

1983, c. 45, Schedule I; 1996, c. 2, s. 597; 2001, c. 23, s. 238; 2001, c. 66, s. 65.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 45 of the statutes of 1983, in force on 1 January 1984, is repealed, except sections 67 to 70, 72, 75, the first and second paragraphs of section 77, sections 78, 80 to 85 and 101, effective from the coming into force of chapter C-60.1 of the Revised Statutes.