M-22.1, r. 2 - Regulation respecting the signing of certain documents of the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire

Replaced on 12 September 2019

This document has official status.

chapter M-22.1, r. 2

Regulation respecting the signing of certain documents of the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire

Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire

(chapter M-22.1, s. 18).

Replaced, O.C. 830-2019, 2019 G.O. 2, 2264; eff. 2019-09-12; see chapter M-22.1, r. 3.

O.C. 589-2000; O.C. 813-2003, s. 1; O.C. 189-2006, s. 1.

1. The signing of a document referred to in a paragraph of section 2, by the public servant of the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire who is mentioned in that paragraph, is binding on the Minister of Municipal Affairs, Regions and Land Occupancy and may be attributable to the Minister.

The first paragraph applies even if the public servant is the acting holder of the position or is temporarily replacing an assistant or associate deputy minister.

O.C. 589-2000, s. 1; O.C. 813-2003, s. 2; O.C. 189-2006, s. 2.

2. Section 1 applies to the signing by

(1)  an assistant or associate deputy minister of

(a)  documents referred to in paragraphs 2 to 15;

(b)  documents resulting from the exercise of the powers of the Minister prescribed in the Act respecting municipal industrial immovables (chapter I-0.1), the Act respecting Ville de Brossard (1969, c. 99), the Act respecting the acquisition of immovables by Ville de Berthierville (1985, c. 56) and section 139 of Schedule C of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);

(c)  documents resulting from the exercise of the powers of the Minister provided for in sections 278, 339, 346 and 568 of the Act respecting elections and referendums in municipalities (chapter E-2.2);

(d)  (paragraph revoked);

(d.1)  documents pertaining to the promise or granting of subsidies;

(e)  documents resulting from the exercise of the powers of the Minister provided for in sections 468.1, 468.11, 468.49, 468.53 and 469.1 of the Cities and Towns Act (chapter C-19) and in sections 570, 580, 618, 622 and 624 of the Municipal Code of Québec (chapter C-27.1);

(2)  (paragraph implicitly revoked; 2006, c. 31, s. 52);

(2.1)  the director of the direction responsible for municipal affairs or a service director under his responsibility of:

(a)  documents resulting from the exercise of the power of approval or authorization of the Minister for borrowing or for allocation of surplus funds;

(b)  documents resulting from the exercise of the power of approval of the Minister for security;

(c)  documents resulting from the exercise of the power of authorization of the Minister for committing appropriations; and

(d)  (subparagraph implicitly revoked; 2005, c. 50, ss. 13 and 25);

(3)  a director under the authority of the assistant deputy minister responsible for policies of:

(a)  documents resulting from the exercise of the power of the Minister provided for in section 264 of the Act respecting municipal taxation (chapter F-2.1);

(b)  (subparagraph implicitly revoked; M.O. 2010-07-20);

(4)  the director of the direction responsible for programs related to infrastructures of:

(a)  memoranda of understanding;

(b)  documents relating to an extension of time for carrying out works;

(5)  the director of the direction responsible for land use planning and development of:

(a)  the notices provided for in each of the last paragraphs of sections 50, 53.6, 56.3, 56.13 and 64 of the Act respecting land use planning and development (chapter A-19.1);

(b)  documents resulting from the exercise of the power of the Minister provided for in section 239 of that Act;

(c)  requests for opinions provided for in sections 75.11, 234.2 and 267 of the Act respecting land use planning and development and 89 of the Charter of Ville de Gatineau (chapter C-11.1); and

(d)  (subparagraph implicitly revoked; 2010, c. 10, ss. 123 and 129);

(5.1)  the director of the direction responsible for metropolitan development and institutional relations of:

(a)  notices provided for in the last paragraphs of each of sections 50, 53.6, 56.3 56.13 and 64 of the Act respecting land use planning and development;

(b)  documents resulting from the exercise of the powers of the Minister provided for in section 239 of the Act respecting land use planning and development; and

(c)  (subparagraph implicitly revoked; 2010, c. 10, s. 126);

(5.2)  the director of a regional direction, for the objects within the jurisdiction of the direction, of documents resulting from the exercise of the powers of the Minister provided for in section 239 of the Act respecting land use planning and development;

(5.3)  (paragraph revoked);

(6)  the director of the direction responsible for the coordination of regional interventions of the documents resulting from the exercise of the powers of the Minister provided for in the Act respecting municipal territorial organization (chapter O-9) as regards an extension of time;

(7)  the director general of the branch responsible for administration of:

(a)  the following documents, provided that they include expenditures or receipts not exceeding $100,000:

i.  services contracts;

ii.  concession contracts; and

iii.  public calls for tenders and invitations to tender, and any document relating to those calls for tenders;

(b)  supply and construction contracts;

(c)  documents that include an application or a commitment by the Department to the Société québécoise des infrastructures;

(d)  service agreements with other departments and public bodies;

(e)  memoranda of understanding;

(8)  the director of the direction responsible for informational services, of the following documents, provided that they include an expenditure or receipt not exceeding $100,000:

(a)  services contracts; and

(b)  supply contracts;

(c)  service agreements with other departments and public bodies;

(9)  the director of the direction responsible for financial and material resources of the following documents, provided that they include expenditures or receipts not exceeding $100,000:

(a)  services contracts;

(b)  supply and construction contracts;

(c)  documents that include an application or a commitment by the Department to the Société québécoise des infrastructures;

(d)  service agreements with other departments and public bodies;

(e)  concession contracts; and

(f)  public calls for tenders and invitations to tender, and any document relating to those calls;

(g)  memoranda of understanding;

(10)  the person responsible for supplying the following documents provided that they include expenditures or receipts not exceeding $5,000:

(a)  auxiliary services contracts;

(b)  supply and construction contracts;

(11)  the director of a direction, for the objects within the jurisdiction of the direction, of

(a)  the following documents, provided that they include expenditures or receipts not exceeding $100,000:

i.  documents pertaining to the promise or granting of subsidies under programs for which the norms, terms and conditions of awarding, approved by the Conseil du trésor, the Government or the Cabinet, provide for the signature of a memorandum of understanding; and

ii.  memoranda of understanding pertaining to the granting of subsidies under programs for which the norms, terms and conditions of awarding are approved by the Conseil du trésor, the Government or the Cabinet;

(b)  the following documents, provided that they include expenditures or receipts not exceeding $25,000:

i.  services contracts;

ii.  supply contracts;

iii.  service agreements with other departments and public bodies; and

iv.  memoranda of understanding; and

(c)  documents pertaining to the promise or granting of subsidies under programs for which the norms, terms and conditions of awarding, approved by the Conseil du trésor, the Government or the Cabinet, do not provide for the signature of a memorandum of understanding;

(12)  the Head of the Service des ressources matérielles et immobilières, of the following documents, provided that they include an expenditure or receipt not exceeding $25,000:

(a)  services contracts;

(b)  supply and construction contracts;

(c)  documents that entail an application or a commitment by the Department to the Société québécoise des infrastructures; and

(d)   service agreements with other departments and public bodies;

(13)  a department head, for the objects within the jurisdiction of the department, of:

(a)  the following documents, provided that they include expenditures or receipts not exceeding $10,000:

i.  services contracts;

ii.  supply contracts;

iii.  service agreements with other departments and public bodies;

iv.  memoranda of understanding;

(b)  documents pertaining to the promise or granting of subsidies under programs for which the norms, terms and conditions of awarding, approved by the Conseil du trésor, the Government or the Cabinet, do not provide for the signature of a memorandum of understanding;

(14)  the department’s secretary, for the administrative unit and for the Deputy Minister’s office, of the following documents, provided that they include expenditures or receipts not exceeding $25,000:

(a)  services contracts;

(b)  supply contracts;

(c)  service agreements with other departments and public bodies;

(d)  memoranda of understanding; and

(e)  documents pertaining to the promise or granting of subsidies under programs for which the norms, terms and conditions of awarding need not be approved by the Conseil du trésor, the Government or the Cabinet;

(15)  the Head of the Service des opérations comptables et de l’approvisionnement, of the following documents, provided that they include expenditures or receipts not exceeding $5,000:

(a)  auxiliary services contracts; and

(b)  supply and construction contracts.

O.C. 589-2000, s. 2; O.C. 1129-2000, s. 1; O.C. 813-2003, s. 3; O.C. 189-2006, s. 3; O.C. 796-2006, s. 1.

3. Subparagraphs b and c of paragraph 2.1 of section 2 do not have the effect of authorizing the signatory to exercise the powers mentioned in the third paragraph of subsection 3 of section 28 and in the third paragraph of section 29.3 of the Cities and Towns Act (chapter C-19) nor the powers mentioned in the third paragraph of section 9 and in the second paragraph of section 14.1 of the Municipal Code of Québec (chapter C-27.1).

O.C. 589-2000, s. 3; O.C. 1129-2000, s. 2; O.C. 796-2006, s. 2.

3.1. The signature of the Minister or the Deputy Minister may be affixed by means of an automatic device to any document by which the Minister communicates with municipalities and other bodies governed or affected by the statutes and regulations that the Minister is responsible for administering, other than letters relating to financial commitments.

O.C. 796-2006, s. 3.

4. (Omitted).

O.C. 589-2000, s. 4.

5. (Omitted).

O.C. 589-2000, s. 5.

6. The Québec sales tax (QST) and the goods and services tax (GST) or, where applicable, the harmonized sales tax (HST) are not taken into account in the amounts provided for in this Regulation.

O.C. 366-2013, s. 1.

REFERENCES

O.C. 589-2000,2000 G.O. 2, 2307

O.C. 1129-2000, 2000 G.O. 2, 5121

O.C. 813-2003, 2003 G.O. 2, 2671

O.C. 189-2006, 2006 G.O. 2, 1182

O.C. 796-2006, 2006 G.O. 2, 3017

O.C. 366-2013, 2013 G.O. 2, 985

S.Q. 2013, c. 23, s. 164