By-law R-036

ADMINISTRATIVE CONSOLIDATION OF BY-LAW R-036

(as amended by R-036-1, R-036-2 and R-036-3)

BY-LAW ON THE STANDARDS OF SAFETY AND CONDUCT TO BE OBSERVED BY PERSONS IN THE ROLLING STOCK AND BUILDINGS OPERATED BY OR FOR THE SOCIÉTÉ DE TRANSPORT  DE MONTRÉAL

(An Act Respecting Public Transit Authorities, CQLR, c. S-30.01, s. 144)

This administrative consolidation is a compilation of the texts of the revised version of the By-law on the standards of safety and conduct to be observed by persons in the rolling stock and buildings operated by or on behalf of the Société de transport de Montréal, which was approved by the STM Board of Directors on November 5, 2014 (CA-2014-332), and the amending by-law adopted subsequent to the enactment of the revised by-law. This administrative consolidation is a reference document and should not be considered an official version. Please refer to the official French text of By-law R-036 and its amendment as the official documents.

It is a reference document and should not be considered an official version of the By-law. Please refer to the official French text of the By-law and its amendment as the official documents.

IT IS RULED AND DECREED THAT BY-LAW R-036 OF THE SOCIÉTÉ SHALL BE AS FOLLOWS:

SECTION I - DEFINITIONS

1. In this By-law, unless the context indicates otherwise, the following expressions mean:

(a) "agent:"

i) an employee or a representative of the Société;

ii) a person authorized to act as an inspector under the provisions of chapters VI and VII of the Act Respecting Public Transit Authorities (CQLR, c. S-30.01);

(b) "AMT:" the Agence métropolitaine de transport;

(c) “building:” a parking, bus terminal, subway station, train station, or any other building of which the Société is the owner or which it operates, including as a landlord, tenant or otherwise, and more particularly, any booth, path, platform, manoeuvring area, waiting area, fare office or other building adjacent to this building; a shelter, a bus shelter, a bicycle shelter or a sign post is assimilated to a building within the meaning of this By-Law;

(d) "guide dog" or "service dog:" a dog trained to guide or assist a handicapped person;

(e) "handicapped person" or "handicapped:" any person suffering from a handicap within the meaning of subsection (g) of section 1 of the Act to Secure Handicapped Persons in the Exercise of their Rights (CQLR, c. E-20.1);

(f) “metro station:” any construction, area or volume of which the Société is the owner or which it operates, including as a landlord, tenant or otherwise, in connection with the operation of a  transportation system by subway, including the areas, corridors and hallways which allow the access, exit or evacuation of persons;

(g) "rolling stock:” a bus, minibus, subway car, or any other vehicle used for the transportation of persons, by or for the Société, including any vehicle used by an agent of the Société;

(h) "RTL:" the Réseau de transport de Longueuil;

(i) "Société:" the Société de transport de Montréal;

(j) "STL:" the Société de transport de Laval;

(k) “transport fare:” a transport title recognized as valid by the Société within the meaning of By-law R-105 - By-law regarding the terms and conditions on the possession and use of any transport title issued under the authority of the Société;

(l) "control area of a station:" the platforms, corridors, stairs, waiting areas or any other space within the limits formed by the entrance and exit turnstiles in a metro station.

(By-law R-36-2)

SECTION II - SCOPE

2. This By-law sets out standards of safety and conduct to be observed by persons in the rolling stock and buildings operated by or for the Société.

SECTION III - GENERAL PROVISIONS

3. Subject to the law and by-laws, everyone has the right to use the Société's public transportation network in a comfortable and secure environment.

Subsection I - Civic Spirit

4. No one shall, within or on a building or rolling stock:

(a) behave in any way that hinders or impedes the free circulation of people;

(b) behave in any way that jeopardizes the security of people or of the rolling stock;

(c) lie down or across a bench, on a seat or on the ground, sit on the ground or take the place of more than one person;

(d) place a foot on a bench or a seat, or put on such bench or seat a substance likely to soil it;

(e) ignore a guideline or pictogram posted by the Société;

(f) refuse to move along when required to do so by an agent;

(g) unless authorized to do so, drink alcoholic beverages or hold an open object
containing such beverages;

(h) delay or interfere with the work of an agent of the Société;

(i) scream, yell, engage in a quarrel or in any other form of disturbing noise;

(j) carry a knife, a sword, a machete or other similar item, without reasonable excuse;

(k) use a laser pointer or other similar item;

(l) be barefoot;

(m) climb on the roof of rolling stock or of a building;

(n) wear ice skates, in-line skates, rollerskates or other similar item;

(o) carry a sharp or pointed object unless they are equipped with security measures or are inserted into a bag designed for such purposes; or

(p) use a skateboard, scooter, or other similar item;

(q) insult or provoke, with words or with gestures, an agent of the Société performing his duties.

(By-law R-36-2)

Subsection II - Operations

5. No one shall, within a building or rolling stock:

(a) gain access to or walk around in a location reserved for agents;

(b) handle or use a fire extinguisher, a fire nozzle, an alarm system, an emergency brake, an emergency exit, or any other device or appliance clearly intended for the protection of property and people, except in the case of an emergency, and in compliance with the instructions relating to such a device or appliance;

(c) manipulate or use of in any manner whatsoever a device, an appliance or an equipment whose use is reserved for agents;

(d) unless authorized to do so, move a panel, a pictogram, a poster, an easel, a fence, a security cord, or any other similar item, or enter an area marked by these items;

(e) be in possession of explosive or pyrotechnic equipment, of any gas, liquid, hazardous or irritating material, material releasing a sickening odour or of a container designed for the transport of such material without consideration for the actual presence of said material.

(By-law R-36-2)

Subsection III - Asset Integrity

6. No one shall, within a building or rolling stock:

(a) soil any property, especially by depositing or leaving on such property, other than in a garbage can or receptacle provided for such purposes, any trash, paper or other solid or liquid waste;

(b) make, affix or engrave any writing, drawing, graffiti, tag, sticker, or any other image or illustration;

(c) cause damage to any property, or disrupt or modify such property so as to prevent or limit its normal operation;

(d) throw an object or liquid unto a person or a property, or arrange to have such object or liquid thrown unto a person or property item.

7. No one shall insert in a fare vending machine or a changemaker anything except Canadian currency or an electronic cash card.

Subsection IV - Animals

8. Anyone may be accompanied, within a building or rolling stock:

(a) by a guide dog or service dog used to compensate for a handicap, or by a guide dog or service dog in training;

(b) by an animal transported at all times in a cage or in a closed container designed for such purposes.

No one shall, under any other circumstances, gain access to the premises with any animal, nor allow any animal to gain access to such premises.

(By-law R-36-1)

SECTION IV – CLOSED BUILDINGS AND ROLLING STOCK

9. No one shall, within a building or rolling stock:

(a) light a match, lighter, or any other item producing flames or sparks; or

(b) smoke or have in his possession tobacco or any other lit substance;

(c) use an electronic cigarette in such a manner that it emits vapour or smoke.

For the purpose of the present section, a bus shelter or a bicycle shelter is considered a closed building.

(By-law R-36-2)

SECTION V – BUILDINGS

10. No one shall, within a building or rolling stock:

(a) gain access to a road, path or manoeuvring area exclusively reserved for the rolling stock;

(b) except if necessary, cause an escalator or a rolling walkway to start or stop working;

(c) sit on or slide along the handrail or the adjacent sides of a staircase, an escalator or a rolling walkway, or use such staircase, escalator or rolling walkway in any other inappropriate way;

(d) except if necessary or authorized to do so, gain access to or walk around a building or rolling stock outside opening or operating hours;

(e) lean a bicycle, a unicycle, tricycle or other similar item, as well as a trailer attached thereto, elsewhere than on the racks, if applicable, provided for such purposes;

(f) leave on the premises, for more than forty-eight (48) consecutive hours, a bicycle, unicycle, tricycle, motorcycle, moped or other similar item, or a trailer attached thereto; such property shall be considered a "thing found" within the meaning of section 91 of the Act Respecting Public Transit  Authorities (CQLR, c. S-30.01).

(By-law R-36-2)

SECTION VI – ROLLING STOCK

11. No one shall:

(a) delay, in any manner whatsoever, the departure of rolling stock or interfere with its movement, especially by preventing or delaying the closing of any of its doors;

(b) climb onto or get off the rolling stock while it is still moving;

(c) hang onto the outside of the rolling stock;

(d) pass any item of property or a part of one’s body through the doors and windows of the rolling stock;

(e) except if necessary, use, open, cross or operate the opening mechanism of any emergency exit on the rolling stock;

(f) (Repealed)

(By-law R-36-2; By-law R-36-3)

11.1 In the rolling stock, subject to the other restrictions contained in the present By-law, anyone transporting objects, other than carry-on baggage, must ensure their control so as not to :

(a) hinder or impede the free circulation of people;

(b) jeopardize the security of people or of the rolling stock;

(c) delay or interfere with the work of a driver of the Société or another of its agents.

12. In a bus or minibus, no one shall:

(a) climb on or get off through the window;

(b) climb on through the rear door, except for a person in a wheelchair, «triporteur», «quadriporteur» or with the consent of an agent of the Société;

(By-law R-36-2)

13. No one shall, except if necessary or authorized to do so, open or cross a door from one metro car to another.

SECTION VII – METRO STATIONS

14. In a metro station, no one shall:

(a) enter the safety zone set by the Société at the edge of a platform, except to get on or off a metro car; or

(b) except if necessary or authorized to do so, gain access to or walk along a railway track in a tunnel or in another location exclusively reserved for the agents of the Société.

(By-law R-36-2)

SECTION VIII – METRO STATIONS AND ROLLING STOCK

Subsection I – Performance of musical work

15. In a metro station, it is permitted to perform a musical or lyrical work, as well as other types of performance, in the areas designated for this purpose and during the hours prescribed by the Société, subject to the other restrictions in the present By-law.

Under any other circumstance or in any other place, such activities are forbidden without authorisation.

(By-law R-36-2)

Subsection II – Solicitation or commercial activities

16. Outside of the controlled area of a metro station, it is permitted to ask or collect a donation, alms or other benefits, subject to the other restrictions in the present By-law.

Under any other circumstance or in any other place, such activities are forbidden without authorisation.

(By-law R-36-2)

17. In a metro station, after obtaining the authorisation of the Société, it is permitted to offer for sale or lease services or merchandise, or to exhibit or distribute such services or merchandise, subject to the other restrictions in the present By-law.

Under any other circumstance or in any other place, such activities are forbidden.

(By-law R-36-2)

18. Outside of the controlled area of a metro station, it is permitted to conduct surveys or other such studies, or solicit or collect signatures, subject to the other restrictions in the present By-law.

Under any other circumstance or in any other place, such activities are forbidden without authorisation.

(By-law R-36-2)

19. Outside of the controlled area of a metro station, it is permitted to display, offer or distribute a book, newspaper, pamphlet, handbill, leaflet or any other printed material:

(a) free of charge;

(b) expressing a political, social or religious ideology; and

(c) subject to the other restrictions in the present By-law.

Under any other circumstance or in any other place, such activities are forbidden without authorisation.

(By-law R-36-2)

Subsection III - Bicycles

20. In a metro station or in the first metro car, it is permitted to transport a bicycle, unicycle, tricycle or other similar item from Monday to Friday, between 10 am and 3 pm and after 7 pm, as well as Saturday, Sunday and other holidays set by law or proclamation, or on any other days or portions of days determined by the Société, under the following conditions:

(a) must allow other persons priority when getting on or off the metro car;

(b) must, if under the age of 14, be accompanied by an adult;

(c) must at all times, be in control of the bicycle, unicycle, tricycle or other similar item and not lean it against a metro car, a seat in the metro car or any other equipment or fixture in the metro;

(d) subject to the other restrictions in the present By-law.

Under any other circumstance or in any other place, it is forbidden to transport a bicycle, unicycle, tricycle or other similar item.

(By-law R-36-2)

21. Notwithstanding the other provisions of the present By-law, in a metro station or rolling stock, no one shall:

(a) ride a bicycle, unicycle, tricycle or other similar item;

(b) leave permanently or temporarily parked a bicycle, unicycle, tricycle or other similar item;

(By-law R-36-2)

22. The foregoing subsection does not limit in any way the right of the Société, or of one of its agents, to temporarily prohibit access to a metro station or to a metro car to a person transporting a bicycle, unicycle, tricycle or other similar item to ensure the security or free flow of persons;

(By-law R-36-2)

Subsection IV – Electronic equipment

23. In a metro station or rolling stock, it is permitted to operate electronic equipment emitting sound on the condition of using earphones.

Under any other circumstance or in any other place, such activities are forbidden without authorisation.

For the purpose of the present section, the various ring tones emitted by telephones are not forbidden.

(By-law R-36-2)

SECTION IX – ADMINISTRATIVE PENALTY

24. Anyone who contravenes the present By-law can lose the right to remain in the buildings or in the rolling stock and be compelled to leave.

(By-law R-36-2)

SECTION X – PENAL PROVISIONS

25. Anyone who contravenes section 4 (l), 9 (b) or 9 (c) of this By-law commits an offence and is liable to a fine of $50 to $500.

(By-law R-36-2)

26. Anyone who contravenes section 4 (a), 4 (b), 4 (c), 4 (d), 4 (e), 4 (f), 4 (h), 4 (i), 4 (k), 4 (n), 4 (o), 4 (p); 8, 10 (c), 10 (e), 10 (f), 11 (d), 11 (f), 11.1, 12 (a), 12 (b), 14 (a), 15, 16, 17, 18, 19, 20, 21, 22 or 23 of this By-law commits an offence and is liable to a fine of $75 to $500.

(By-law R-36-2; By-law R-36-3)

27. Anyone who contravenes section 4 (g), 4 (q), 6 (a) or 6 (d) of this By-law commits an offence and is liable to a fine of $50 to $100.

(By-law R-36-2)

28. Anyone who contravenes section 5 (a), 5 (b), 5 (c), 5 (d), 7, 9 (a), 10 (a), 10 (d), 11 (a), 11 (b), 11 (c) or 11 (e) of this By-law commits an offence and is liable to a fine of $150 $ to $500.

(By-law R-36-2)

29. Anyone who contravenes section 4 (m), 5 (e), 6 (b), 6 (c), 10 (b) or 13 of this By-law commits an offence and is liable to a fine of $200 to $500.

30. Anyone who contravenes section 4 (j) of this By-law commits an offence and is liable to a fine of $300 to $500.

(By-law R-36-2)

31. Anyone who contravenes section 14 (b) of this By-law commits an offence and is liable to a fine of $500.

(By-law R-36-2)

32. If anyone contravenes more than once the same By-law provisions in a twenty-four (24) month period, the amounts of the fines provided in connection with such offence shall be doubled.

(By-law R-36-2)

33. Anyone who advises, encourages or induces another person to commit an offence against this By-law, or does or omits to do something in order to help another person commit an offence, is a party to such offence and is liable to the same penalty provided for the offender, whether or not such offender has been prosecuted or found guilty.

(By-law R-36-2)

SECTION XI – MISCELLANEOUS PROVISIONS

Subsection I - Remaining Provisions

34. This By-law does not limit the application of any other statutory or regulatory provisions to anyone who is within a building or rolling stock.

(By-law R-36-2)

35. The prohibitions under this By-law are not applicable to the agents of the Société, to any other person authorized by the Société or to any members of the police forces on duty, when their duties require them to act in a manner which would otherwise be forbidden under this By-law.

(By-law R-36-2)

36. Any authorization required under this By-law, with the exception of an authorization arising out of an agreement with the Société, may be issued by the director general in compliance with the directives from the Board of Directors.

(By-law R-36-2)

Subsection II - References

37. Unless otherwise provided, the references in this By-law shall be read while bearing in mind the amendments that may be made from time to time to the statutory or regulatory provisions to which they refer.

(By-law R-36-2)

Subsection III – Repeal and Replacement Provisions

38. This By-law replaces By-law CA-3, and its amendments, entitled "Règlement concernant le transport, la conduite des personnes dans ou sur les véhicules et les immeubles de la STCUM ainsi que concernant les titres de transport utilisés dans le cadre du service de transport en commun organisé par la Société" [By-law on the transportation and conduct of persons in the STCUM vehicles and buildings, as well as the transport fares used in connection with the public
transportation service organized by the Société] adopted by the former Société de transport de la Communauté urbaine de Montréal (STCUM), as well as all other previous regulations and/or resolutions of the STCUM or of its predecessors, concerning the conduct of persons within the vehicles and buildings of the STCUM and concerning the transit fares used in connection with the public transportation service organized by the Société.

(By-law R-36-2)

Subsection IV - Responsibility regarding Application of the By-law

39. The Société inspectors specifically assigned for this purpose by the Société, as well as peace officers under the authority of the City of Montreal, are entitled to apply this By-law.

Subsection V – Exemption

40. The Chief Executive Officer, or any other agent of the Société entitled to do so, may, in compliance with the guidelines issued by the Board of Directors, authorize an exemption from the application of one or more provisions of this By-law.

Subsection VI - Implementation

41. This By-law shall become effective, in compliance with the law, on the fifteenth (15th) day following its publication in a newspaper of general circulation on the STM territory, or on any other scheduled date.

(By-law R-36-2)

 By-law R-036 - PDF format

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