F-4.0022 - Act to establish an early childhood development fund

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chapter F-4.0022
Act to establish an early childhood development fund
EARLY CHILDHOOD DEVELOPMENT FUNDSeptember 30 2009September 30 2009
1. An early childhood development fund is established at the Ministère de la Famille et des Aînés.
The purpose of the fund is to contribute to the achievement of the mission of the Minister of Families by supporting the overall development of children five years of age and under living in poverty, in order to promote their successful entry into the school system and the continuation of their schooling.
2009, c. 39, s. 1.
2. The fund is dedicated to the financing of activities, projects and initiatives that
(1)  foster, as early as possible, the overall development of the children, targeting not only their physical development but also their psychological, cognitive, language, social and emotional development, with due recognition for the primary role the parents play;
(2)  support the parents from pregnancy onwards by providing them with the tools most likely to contribute to such development; and
(3)  support innovation and the acquisition and transfer of knowledge in the area of early childhood development.
Only activities, projects and initiatives that do not come under regular programs established or approved by the Government may be financed by the fund.
2009, c. 39, s. 2.
3. (Repealed).
2009, c. 39, s. 3; 2011, c. 18, s. 136.
4. The following are credited to the Fund:
(1)  the sums transferred to it by the Minister of Revenue under section 6;
(2)  the sums transferred to it by a minister out of the appropriations granted for that purpose by Parliament;
(3)  the gifts, legacies and other contributions paid into it to further the achievement of the purpose of the fund;
(4)  the sums transferred to it by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (chapter A-6.001); and
(5)  the interest earned on bank balances in proportion to the sums referred to in paragraphs 1 and 3.
2009, c. 39, s. 4; 2011, c. 18, s. 137.
5. (Repealed).
2009, c. 39, s. 5; 2011, c. 18, s. 138.
6. On the dates and in the manner determined by the Government, the Minister of Revenue transfers to the Fund, out of the sums credited to the general fund, part of the proceeds of the tobacco tax collected under the Tobacco Tax Act (chapter I-2) for a total amount of $15,000,000 per year.
2009, c. 39, s. 6; 2011, c. 18, s. 139.
7. (Repealed).
2009, c. 39, s. 7; 2011, c. 18, s. 140.
8. (Repealed).
2009, c. 39, s. 8; 2011, c. 18, s. 140.
9. The sums required for the following purposes are debited from the Fund:
(1)  the payment of subsidies or contributions by the Minister of Families to the Société de gestion du fonds pour le développement des jeunes enfants or any other body for the purposes set out in sections 1 and 2;
(2)  (subparagraph repealed); and
(3)  the payment of any expense necessary for carrying out the functions entrusted to the Minister of Families by this Act.
The Government determines how and on what terms payments are to be made to the Société de gestion du fonds pour le développement des jeunes enfants or any other body.
2009, c. 39, s. 9; 2011, c. 18, s. 141.
10. The Société de gestion du fonds pour le développement des jeunes enfants is a non-profit legal person whose board of directors includes an equal number of women and men, for a total of 10 members, as follows:
(1)  four members from among persons proposed as candidates by the Minister of Families;
(2)  four members from among persons proposed as candidates by the Fondation Lucie et André Chagnon; and
(3)  two members from among persons proposed jointly as candidates by the Minister of Families and the Fondation Lucie et André Chagnon.
The members referred to in subparagraph 3 of the first paragraph may not, in the three years preceding their election, have had a contractual or employment relationship with the Government, the Fondation Lucie et André Chagnon or the recipient of a subsidy or funding granted by the Société.
The chair of the Société’s board of directors is a member proposed by the Minister of Families from among those referred to in subparagraph 1 of the first paragraph. In the case of a tie vote, the chair has a casting vote, except if the vote concerns the appointment of the Société’s chief executive officer.
The Société’s chief executive officer is appointed from among the persons proposed jointly by the Minister of Families and the Fondation Lucie et André Chagnon.
2009, c. 39, s. 10.
11. The Société de gestion du fonds pour le développement des jeunes enfants is not a government agency within the meaning of the Auditor General Act (chapter V-5.01).
However, the Auditor General has, with respect to the Société, the competence and powers conferred by section 30.2 of the Auditor General Act and, with respect to the auditor of the Société’s books and accounts, the competence and powers conferred by section 32 of that Act. The Auditor General also has the powers set out in section 30 of that Act with respect to any recipient of a subsidy or funding granted by the Société and, in all cases, enjoys the immunity attached to the Auditor General’s activities under that Act.
2009, c. 39, s. 11; 2013, c. 16, s. 106.
12. The Société de gestion du fonds pour le développement des jeunes enfants may form a relevance and monitoring committee to advise the Société in assessing the activities, projects and initiatives that may be financed.
If a relevance and monitoring committee is formed, it must be made up of an odd number of members but not more than nine, including two members of the Société’s board of directors. The committee members are chosen taking into consideration the expertise and experience profiles determined by the Société’s board of directors.
The Société must also establish a code of ethics and professional conduct applicable to the members of the board of directors, the members of the relevance and monitoring committee, if such a committee is formed, and the Société’s officers and personnel.
2009, c. 39, s. 12.
13. (Repealed).
2009, c. 39, s. 13; 2011, c. 18, s. 142.
14. (Repealed).
2009, c. 39, s. 14; 2011, c. 18, s. 142.
15. (Repealed).
2009, c. 39, s. 15; 2011, c. 18, s. 142.
16. For every fiscal year, the Minister of Families tables a report in the National Assembly on the activities of the fund and of the Société de gestion du fonds pour le développement des jeunes enfants or any other body to which the Minister pays subsidies or contributions for the purposes set out in sections 1 and 2. The report must include a list of the activities, projects and initiatives financed and highlight any amendments made to the partnership memorandum of agreement between the Minister of Families and the Fondation Lucie et André Chagnon. The report is examined by the competent committee of the National Assembly every three years.
Moreover, in the 10th report, the Minister of Families must assess all the activities of the fund and express an opinion on the relevance of maintaining or reviewing the fund’s financing. The 10th report must also be examined by the committee referred to in the first paragraph.
2009, c. 39, s. 16.
AMENDING PROVISIONS
ACT TO ESTABLISH THE FUND FOR THE PROMOTION OF A HEALTHY LIFESTYLE
17. (Amendment integrated into c. F-4.0021, heading of chapter I).
2009, c. 39, s. 17.
18. (Amendment integrated into c. F-4.0021, s. 8.1).
2009, c. 39, s. 18.
19. (Amendment integrated into c. F-4.0021, heading of chapter II, s. 12.1 and heading of chapter III).
2009, c. 39, s. 19.
20. (Amendment integrated into c. F-4.0021, s. 13).
2009, c. 39, s. 20.
MISCELLANEOUS AND FINAL PROVISIONS
21. The Minister of Families is responsible for the administration of this Act.
2009, c. 39, s. 21.
22. The provisions of this Act cease to have effect on the date or dates to be set by the Government, which may not be prior to 1 April 2019.
Any sum remaining in the fund on the date section 1 ceases to have effect is transferred to the general fund and appropriated, in the manner established by the Government, to the funding of such complementary measures consistent with the purpose of the early childhood development fund as are determined by the Government.
2009, c. 39, s. 22; 2011, c. 18, s. 143.
23. (Omitted).
2009, c. 39, s. 23.