F-3.2 - Act respecting the Fondation Jean-Charles-Bonenfant

Updated to 20 February 2024

This document has official status.

chapter F-3.2

Act respecting the Fondation Jean-Charles-Bonenfant

1. A non-profit legal person is constituted under the name of Fondation Jean-Charles-Bonenfant.

1978, c. 101, s. 1; 1999, c. 40, s. 137.

2. The head office of the foundation is in the territory of Ville de Québec or at any other place determined by the board of directors.

1978, c. 101, s. 2; 1996, c. 2, s. 684.

3. Subject to this Act, the foundation is governed by Part III of the Companies Act (chapter C-38).

1978, c. 101, s. 3.

4. The object of the foundation is to provide support and financial assistance to any person or non-profit organization that participates in educational internship programs established or sponsored by the National Assembly with a view to

(1)  broadening, improving and propagating knowledge of Québec’s political and parliamentary institutions ;

(2)  promoting study and research concerning political and parliamentary institutions.

1978, c. 101, s. 4; 2000, c. 66, s. 1.

5. In the pursuit of its objects, the foundation may solicit, receive or accept gifts of various kinds, in particular sums of money, legacies, pledges, memorial funds, life insurance benefits as well as subsidies or contributions ; the foundation may organize any other form of fund-raising activities and manages the funds thus collected in the manner it deems advisable. It may associate or enter into agreements with any person, partnership or private, public or parapublic body.

1978, c. 101, s. 5; 1999, c. 40, s. 137; 2000, c. 66, s. 1.

6. The board of directors consists, in addition to the President of the National Assembly, of

(1)  a Vice-President of the National Assembly designated by the President;

(2)  a certain number of Members of the National Assembly, one Member being designated by each parliamentary group within the meaning of the Standing Orders of the National Assembly;

(3)  two former Members of the National Assembly designated by the Amicale des anciens parlementaires du Québec;

(4)  four persons from the milieus most representative of Québec society, designated by the President;

(5)  a member of the personnel of the National Assembly designated by the President on the recommendation of the Secretary General; and

(6)  a person who participated in an educational internship program established or sponsored by the National Assembly, designated by the President.

The member of the personnel of the National Assembly designated by the President is not entitled to vote.

When the President of the National Assembly is absent or unable to exercise the functions of the President, the Vice-President of the National Assembly who is a member of the board of directors replaces the President.

The term of office of the directors, except the President, the Vice-President and the member of the personnel of the National Assembly assigned to educational activities, is two years and may be renewed.

1978, c. 101, s. 6; 1982, c. 62, s. 143; 1996, c. 38, s. 1; 1999, c. 40, s. 137; 2000, c. 66, s. 1; 2003, c. 6, s. 1; 2005, c. 31, s. 1; 2007, c. 44, s. 1.

6.1. The President of the National Assembly is the chairman of the board of directors of the foundation ex officio.

1996, c. 38, s. 1.

7. (Repealed).

1978, c. 101, s. 7; 1996, c. 38, s. 2.

8. If a vacancy occurs on the board of directors, the directors may fill it by appointing exofficio, for the remainder of the term, any person eligible under section 6.

1978, c. 101, s. 8.

9. At the end of their term of office, the members of the board of directors remain in office until they are re-appointed or replaced.

1978, c. 101, s. 9.

10. The board of directors may name at least three of its members to be an executive committee.

The chairman of the board of directors is a member exofficio and chairman of the committee.

The board of directors shall determine by by-law the powers the committee may exercise.

1978, c. 101, s. 10.

11. The chairman or two members of the board of directors may call a meeting of the board of directors; the chairman or two members of the executive committee may call a meeting of this committee.

1978, c. 101, s. 11.

12. One-half of the members of the board of directors are a quorum. Decisions are taken by the majority vote of the members present. In case of a tie-vote, the chairman has a casting vote.

1978, c. 101, s. 12.

13. Every decision by correspondence agreed to in writing by the majority of the members of the board of directors is equivalent to a decision validly taken at a meeting of the board.

1978, c. 101, s. 13.

14. The members of the board of directors are members of the foundation during their term of office.

1978, c. 101, s. 14.

15. The foundation may, by by-law and on the conditions it determines, admit a donor or his representative as a life member or as a member for a limited time.

1978, c. 101, s. 15.

16. The board of directors may appoint honorary members to the foundation and determine the privileges attached to the title of honorary member.

1978, c. 101, s. 16.

17. At meetings of the members of the foundation, each member has only one vote and may vote by proxy.

1978, c. 101, s. 17.

18. Notwithstanding any law to the contrary, the office of member of the National Assembly, President or Vice-President of the National Assembly, parliamentary assistant or member of the Conseil Exécutif is not incompatible with membership of the board of directors or of the executive committee of the foundation.

1978, c. 101, s. 18; 2000, c. 66, s. 2.

19. Section 224 of the Companies Act (chapter C-38) is replaced, for the foundation, by the following section:

“224. The sections of Part I of this Act apply, with the necessary modifications, to the Fondation Jean-Charles-Bonenfant, except the following: 3 and 4; 6 and 7; the second paragraph of 8; 11; 13 to 17; 26; 41 to 43; 45 to 76; 79; 81; 82; 86; paragraphs a and b of subsection 2 of 91; 92 to 94; 96; paragraphs j and k of subsection 3 of 98; 102; paragraphs d and e of subsection 1, and subsection 2 of 104; 113; 114; 122 and 123.”.

1978, c. 101, s. 19.

20. The financial year of the foundation ends on 30 June.

The foundation shall produce annual financial statements to be audited by the Auditor General. For that purpose, the foundation is classed as a public body within the meaning of the Auditor General Act (chapter V-5.01).

1978, c. 101, s. 20; 2000, c. 66, s. 3; 2003, c. 6, s. 2; 2007, c. 44, s. 2.

21. (Omitted).

1978, c. 101, s. 21.

22. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 101 of the statutes of 1978, in force on 1 June 1979, is repealed, except the preamble, effective from the coming into force of chapter F-3.2 of the Revised Statutes.