s-11.0102, r. 1 - Regulation respecting the signing of certain documents of the Société de financement des infrastructures locales du Québec

Updated to 12 December 2023

This document has official status.

chapter S-11.0102, r. 1

Regulation respecting the signing of certain documents of the Société de financement des infrastructures locales du Québec

Act respecting the Société de financement des infrastructures locales du Québec

(chapter S-11.0102, s. 23).

DIVISION I SIGNING OF CERTAIN DOCUMENTS BY THE MINISTER OR OFFICERS OF THE MINISTÈRE DES AFFAIRES MUNICIPALES, DES RÉGIONS ET DE L’OCCUPATION DU TERRITOIRE

O.C. 114-2007, Div. I; O.C. 251-2010, s. 1.

1. The signing of a document referred to in section 2, by the Minister or a person of the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire referred to in that section, is binding on the Société de financement des infrastructures locales du Québec (hereinafter “SOFIL”) and may be attributed to the Société to the extent that those persons act pursuant to a service agreement entered into between SOFIL and the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire.

The first paragraph applies even if the person holds the position on an interim basis or is temporarily replacing a deputy minister or an assistant or associate deputy minister.

O.C. 114-2007, s. 1; O.C. 251-2010, s. 2.

2. Section 1 applies to the signing by the Minister, the deputy minister, an assistant or associate deputy minister or a director of a branch responsible for programs related to infrastructures, of all documents concerning payment of financial assistance by SOFIL to the municipal bodies granted in conformity with the investment plan (D. 432-2009, 2009-04-08), in accordance with section 8 of the Act respecting the Société de financement des infrastructures locales du Québec (chapter S-11.0102), and in conformity with the conditions of payment of financial assistance (D. 1145-2005, 2005-11-26), in accordance with section 10 of the Act.

O.C. 114-2007, s. 2; O.C. 251-2010, s. 3.

DIVISION II SIGNING OF CERTAIN DOCUMENTS BY THE MINISTER OR OFFICERS OF THE MINISTÈRE DES TRANSPORTS

3. The signing of a document referred to in section 4, by the Minister or a person of the Ministère des Transports referred to in that section, is binding on SOFIL and may be attributed to SOFIL to the extent that those persons act pursuant to a service agreement entered into between SOFIL and the Ministère des Transports.

The first paragraph applies even if the person holds the position on an interim basis or is temporarily replacing a deputy minister or an assistant or associate deputy minister.

O.C. 114-2007, s. 3.

4. Section 3 applies to the signing by the Minister, the deputy minister, an assistant or associate deputy minister or a director of a branch responsible for programs related to land transportation of persons or for programs related to local roads, of all documents concerning payment of financial assistance by SOFIL to the municipal bodies granted in conformity with the investment plan (D. 432-2009, 2009-04-08), in accordance with section 8 of the Act respecting the Société de financement des infrastructures locales du Québec (chapter S-11.0102), and in conformity with the conditions of payment of financial assistance (D. 1145-2005, 2005-11-26), in accordance with section 10 of the Act and the special conditions approved by the Minister of Transport.

O.C. 114-2007, s. 4; O.C. 251-2010, s. 4.

DIVISION III SIGNING OF CERTAIN DOCUMENTS BY OFFICERS OF THE MINISTÈRE DES FINANCES

5. The signing of a document referred to in section 6, by a person of the Ministère des Finances referred to in that section, is binding on SOFIL and may be attributed to SOFIL to the extent that that person acts pursuant to a service agreement entered into between SOFIL and the Ministère des Finances.

The first paragraph applies even if the person holds the position on an interim basis or is temporarily replacing a deputy minister or an assistant or associate deputy minister.

O.C. 114-2007, s. 5.

6. Section 5 applies to the signing by

(1)  the deputy minister or an assistant or associate deputy minister, of the documents referred to in paragraphs 2 to 5;

(2)  the director of the branch responsible for cash management or for the management of funds and payments, of the documents pertaining to

(a)  the opening of a trust bank account for the management of SOFIL investments;

(b)  the opening of a securities trust account for the financial settlement and securities custody of SOFIL investments;

(c)  the transfer of funds from the SOFIL account to the consolidated fund or from the SOFIL securities trust account;

(d)  the confirmation of financial operations carried out by the branch responsible for treasury operations;

(e)  bank settlements through the financial agent of the Ministère des Finances; and

(f)  custody of the securities held by SOFIL;

(3)  the director of the branch responsible for treasury operations, of the documents pertaining to SOFIL investments to the extent that those investments are made in accordance with the investment policy adopted by the board of directors of SOFIL; and

(4)  (paragraph revoked);

(5)  the director of the branch responsible for financial resources, of the documents pertaining to

(a)  the establishment of the SOFIL budgetary structure in the Government’s accounting system;

(b)  the entry in the Government’s accounting system, at the beginning of each year, of amounts available for commitments;

(c)  the authorization of persons designated by the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire and the Ministère des Transports to conduct transactions in the Government’s accounting system;

(d)  the collection of SOFIL revenues and their entry in the Government’s accounting system;

(e)  the entry of SOFIL accounts receivable in the Government’s accounting system;

(f)  the issue of cheques to reimburse departments and bodies for the cost of services rendered to SOFIL pursuant to the instructions of the secretary of SOFIL; and

(g)  the reimbursement of living and travel expenses of the members of the board of directors and the secretary of SOFIL in accordance with the provisions of Décret (D. 2005-83, 83-11-30).

O.C. 114-2007, s. 6; O.C. 251-2010, s. 5.

7. (Omitted).

O.C. 114-2007, s. 7.

REFERENCES

O.C. 114-2007, 2007 G.O. 2, 1049

O.C. 251-2010, 2010 G.O. 2, 797