A-11 - Booksellers Accreditation Act

Full text
chapter A-11
Booksellers Accreditation Act
BOOKSELLERS ACCREDITATIONDecember 21 1979June 1 1981
Chapter A-11 is replaced by the Act respecting the development of Québec firms in the book industry (chapter D-8.1). (1979, c. 68, s. 44).
1979, c. 68, s. 44.
DIVISION I
INTERPRETATION
1. In this act, unless the context otherwise requires, the following expressions mean:
(a)  certificate of accreditation : a certificate issued under this act;
(b)  accredited bookseller : a person who holds an accreditation certificate;
(c)  committee : the advisory committee constituted under this act;
(d)  Minister : the Minister of Cultural Affairs;
(e)  regulations : the regulations made under this act.
1965 (1st sess.), c. 21, s. 1.
DIVISION II
SERVICE DU LIVRE AND ADVISORY COMMITTEE
2. The Minister may establish in the Ministère des affaires culturelles a service to be known as the Service du livre, the director of which shall be appointed by the Government.
1965 (1st sess.), c. 21, s. 2; 1977, c. 5, s. 14.
3. The Minister shall establish an advisory committee of twelve members whom he shall appoint for a term of two years.
The members of the committee shall remain in office until replaced or reappointed.
1965 (1st sess.), c. 21, s. 3; 1973, c. 15, s. 2.
4. The functions of the committee shall be:
(a)  to advise and make suggestions to the Minister on all matters relating to the carrying out of this act;
(b)  to study, at the Minister’s request, any problem relating to the distribution of books in Québec and to report to the Minister.
1965 (1st sess.), c. 21, s. 4.
5. The Government may authorize the payment of fees and travelling and living allowances to the members of the committee.
1965 (1st sess.), c. 21, s. 5; 1973, c. 15, s. 3.
DIVISION III
ACCREDITATION
6. (1)  Any person who applies for a certificate of accreditation shall submit to the director his application in the prescribed form, with the information and documents required by law and the regulations.
(2)  The Minister, after consulting the committee, shall grant the certificate of accreditation if he considers that the applicant has the required qualifications and fulfills the conditions prescribed by law and the regulations.
1965 (1st sess.), c. 21, s. 6.
7. Every certificate of accreditation shall expire on the 31st of October each year; it may be renewed upon the conditions prescribed by law and the regulations.
1965 (1st sess.), c. 21, s. 7; 1973, c. 15, s. 4.
8. No person shall use the title of accredited bookseller or act as such unless he holds a certificate of accreditation in force.
1965 (1st sess.), c. 21, s. 8; 1973, c. 15, s. 5.
9. Every person who contravenes section 8 is guilty of an offence and is liable, on summary proceeding, in addition to the costs, to a fine of at least five hundred dollars but not exceeding one thousand dollars for the first offence and two thousand dollars for each subsequent offence within two years.
Part II of the Summary Convictions Act (chapter P-15) applies.
1965 (1st sess.), c. 21, s. 9; 1973, c. 15, s. 6.
DIVISION IV
SUSPENSION, CANCELLATION OR REFUSAL OF RENEWAL OF PERMITS; APPEALS
10. The Minister may suspend, cancel or refuse to renew the permit of any holder who:
(a)  is guilty of an offence against this act or the regulations;
(b)  no longer fulfils the conditions for obtaining his permit.
1973, c. 15, s. 7.
11. The Minister shall, before cancelling, suspending or refusing to renew a permit, give the holder an opportunity to be heard. He shall also give notice of his decision in writing, with the reasons on which it is based, to any person whose permit he cancels, suspends or refuses to renew.
1973, c. 15, s. 7.
12. Any person whose permit is suspended, cancelled or not renewed may appeal from the Minister’s decision to three judges of the Provincial Court of the district in which this person has his residence, or corporate seat as the case may be,
(a)  if the reasons of fact or law invoked in support of the decision are clearly erroneous;
(b)  if the proceedings are effected by gross irregularity;
(c)  if the decision has not been rendered impartially.
1973, c. 15, s. 7.
13. The appeal shall be made by a motion served upon the Minister. This motion must be filed in the office of the Provincial Court of the judicial district where the appellant is domiciled within ninety days after he receives the Minister’s decision.
1973, c. 15, s. 7.
14. Within the month following receipt of the notice of appeal, the Minister shall send the record respecting the decision appealed from to the clerk of the Provincial Court.
The record shall include the documents produced, the transcript of testimony if taken down in shorthand, the minutes of the hearing and the Minister’s decision.
The appeal shall be heard on the record as constituted, subject to the judges’ right to hear any additional evidence.
1973, c. 15, s. 7.
15. The judges hearing and deciding the appeal shall have for the purposes of this appeal the powers and immunities of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37).
1973, c. 15, s. 7.
16. The appeal shall not suspend the execution of the Minister’s decision unless the chief judge of the Provincial Court orders otherwise where the case is urgent.
1973, c. 15, s. 7.
17. Upon a motion by one party served upon the other, the chief judge of the Provincial Court shall designate the three judges who must hear the appeal and by a peremptory order fix the date for hearing the appeal between the sixtieth and ninetieth days after the motion in appeal is filed in the office.
1973, c. 15, s. 7.
18. The judges must allow the parties to be heard before rendering any decision on an appeal.
1973, c. 15, s. 7.
19. The judges may admit a copy of or an extract from a document, in evidence, if the original is not available.
1973, c. 15, s. 7.
20. At the proof and hearing, each party may examine the witnesses and present his arguments.
Every party is entitled to an advocate’s assistance.
1973, c. 15, s. 7.
21. Every person testifying before the judges shall have the same privileges and immunities as a witness before the Superior Court and articles 307 to 310 of the Code of Civil Procedure shall apply, mutatismutandis.
1973, c. 15, s. 7.
22. The judges shall have all the powers necessary for the exercise of their jurisdiction and they may in particular make any order they think proper to protect the rights of the parties.
1973, c. 15, s. 7.
23. The judges may confirm the decision or quash it; their decision shall be without appeal.
If they do not agree, the matter shall be resolved by the majority.
1973, c. 15, s. 7.
24. The judgment must be in writing and signed by the judges who render it. In addition to the conclusions, it must contain the reasons on which the decision is based.
1973, c. 15, s. 7.
25. The clerk of the Provincial Court shall mail a certified copy to each party.
The original shall be preserved in the office of the Provincial Court.
1973, c. 15, s. 7.
DIVISION V
REGULATIONS
26. The Government may make regulations to determine:
(a)  the qualifications required of a person applying for accreditation or for renewal, the conditions he must fulfill, the information he must furnish and the fees he must pay;
(b)  the form of applications for certificates of accreditation and for renewal, and the form of certificates of accreditation;
(c)  the conditions and restrictions upon which a certificate of accreditation may be issued to the trustee, liquidator or testamentary executor of an accredited bookseller or to his heirs;
(d)  the occupations, professions or activities that an accredited bookseller is not permitted to engage in;
(e)  any provisions deemed necessary for the carrying out of this act.
The regulations shall come into force upon publication in the Gazette officielle du Québec or on such later date as is fixed therein.
1965 (1st sess.), c. 21, s. 10.