I-13.2 - Act respecting the Institut québécois de recherche sur la culture

Full text
chapter I-13.2
Act respecting the Institut québécois de recherche sur la culture
INSTITUT QUÉBÉCOIS DE RECHERCHE SUR LA CULTUREDecember 2 1993January 1 1994
Repealed, 1993, c. 50, s. 1.
1993, c. 50, s. 1.
DIVISION I
ESTABLISHMENT AND COMPOSITION OF THE INSTITUT
1. A body hereinafter called “the Institut” is created under the name of “Institut québécois de recherche sur la culture”.
1979, c. 10, s. 1.
2. The Institut is a corporation within the meaning of the Civil Code and has the general powers of such a corporation and the special powers conferred on it by this act.
1979, c. 10, s. 2.
3. The Institut has the rights and privileges of a mandatary of the Government.
The property of the Institut forms part of the public domain, but the obligations of the Institut may be levied on its property.
The Institut binds none but itself when it acts in its own name.
1979, c. 10, s. 3.
4. The head office of the Institut shall be at the place determined by the Government; notice of the location or of any change of location of the head office shall be published in the Gazette officielle du Québec.
The Institut may establish offices in such places as it may determine; it may hold sittings anywhere in Québec.
1979, c. 10, s. 4.
5. The Institut is composed of nine members appointed by the Government, including five appointed after consultation with the circles having an interest in research on cultural phenomena.
Not less than three of the members of the Institut must be appointed from among the researchers of the Institut.
1979, c. 10, s. 5.
6. The Government shall appoint the president and director general of the Institut from among the members of the Institut.
The members of the Institut shall appoint a vice-president from among the members not holding office as president and director general.
The president and director general shall preside at meetings of the Institut and assume the other functions assigned to him by by-law.
1979, c. 10, s. 6; 1985, c. 30, s. 40.
7. The president and director general is responsible for the administration of the Institut within the scope of its by-laws.
1979, c. 10, s. 7; 1985, c. 30, s. 41.
8. (Repealed).
1979, c. 10, s. 8; 1985, c. 30, s. 42.
9. The president and director general is appointed for not over five years and the other members of the Institut for four years.
However, with the exception of the president and director general, three of the first members are appointed for three years.
The term of office of a member shall not be renewed more than once, consecutively.
1979, c. 10, s. 9; 1985, c. 30, s. 43.
10. Members of the Institut other than the president and director general receive no remuneration. However, they are entitled to the reimbursement of justifiable expenses incurred by them in the exercise of their functions, and they shall receive an attendance allowance fixed by the Government.
1979, c. 10, s. 10; 1985, c. 30, s. 44.
11. The Government shall fix the remuneration, the social benefits and the other conditions of employment of the president and director general.
1979, c. 10, s. 11; 1985, c. 30, s. 45.
12. The Institut may appoint a secretary and any other employee necessary for its operations. It may retain the services of researchers and experts, as employees or otherwise, for the carrying on of its work.
The remuneration, social benefits and other conditions of employment of the secretary, employees, researchers and experts shall be fixed by the Institut and approved by the Government.
1979, c. 10, s. 12.
13. At the end of their terms, the members of the Institut remain in office until they are reappointed or replaced.
Except in the case of the president and director general, any vacancy occurring during the course of a term is filled for the remainder of the term of the member to be replaced, following the mode of appointment provided in section 5.
1979, c. 10, s. 13; 1985, c. 30, s. 46.
14. If the office of president and director general is vacant or if the president and director general is unable to act, the vice-president shall act as president and director general until a new president and director general is appointed or for as long as he is unable to act.
1979, c. 10, s. 14; 1985, c. 30, s. 47.
15. (Repealed).
1979, c. 10, s. 15; 1985, c. 30, s. 48.
16. Five members of the Institut, including the president and director general or the vice-president, are a quorum. If votes are equally divided, the president and director general, or, if he is absent, the vice-president, has a casting vote.
1979, c. 10, s. 16; 1985, c. 30, s. 49.
17. In no case may the president and director general of the Institut, under pain of forfeiture of office, have any direct or indirect interest in any undertaking causing his personal interest to conflict with that of the Institut. However, such forfeiture is not incurred if such an interest devolves to him by succession or gift, provided he renounces or disposes of it with all possible dispatch.
Every employee of the Institut is subject to the first paragraph in the cases provided for by the by-laws of the Institut.
Every other member of the Institut having an interest in an undertaking shall, under pain of forfeiture of his office, disclose it in writing to the president and director general and abstain from participating in any deliberation or decision involving the undertaking in which he has an interest.
1979, c. 10, s. 17; 1985, c. 30, s. 50.
18. The Institut may make by-laws for its internal management and the exercise of its powers, and particularly
(a)  to establish an executive committee, determine its functions and powers and fix the term of office of its members;
(b)  to determine the functions and powers of the president and director general, of the vice-president and of the other employees of the Institut;
(c)  to create a category of members affiliated with the Institut having no voting rights nor any part in the management of the Institut, and determine their conditions of admissibility as well as their rights and obligations;
(d)  to establish endowment funds out of the sums received as gifts, legacies, grants or other forms of contribution except those sums that may be granted by the Government or the government departments or agencies, and determine the modes of administration and disposition of such funds.
The by-laws of the Institut made pursuant to this section shall be published in the Gazette officielle du Québec.
1979, c. 10, s. 18; 1985, c. 30, s. 51.
19. The minutes of the sittings of the Institut approved by the Institut and certified by the president and director general or by any other person authorized to do so by the internal management by-laws of the Institut are authentic. The same rule applies to documents or copies emanating from the Institut or forming part of its records, when so certified.
1979, c. 10, s. 19; 1985, c. 30, s. 52.
DIVISION II
FUNCTIONS AND POWERS OF THE INSTITUT
20. The objects of the Institut are to conduct, promote and support research and studies on the various aspects of cultural phenomena, with a view to contributing to the cultural development of Québec.
1979, c. 10, s. 20.
21. In the pursuit of its objects, the Institut may, in particular,
(a)  devise and carry out the research plans and programmes necessary for a better understanding of cultural changes in Québec;
(b)  promote collaboration and co-operation among researchers engaged in the field of cultural research and studies;
(c)  place such services and information at the disposal of researchers as may be useful to them in their cultural research and studies;
(d)  hold meetings, symposiums or briefings and publish the findings of the studies and research of the Institut or of other organizations pursuing similar objects;
(e)  on the basis of the findings of its studies and research, and by way of forecasts and opinions, participate in the framing and review of cultural policy.
1979, c. 10, s. 21.
22. The Institut, unless authorized by the Government, shall not
(a)  make any agreement with any government or government body according to law;
(b)  make any loan that would increase its total unrepaid borrowings to an amount exceeding that determined by the Government;
(c)  acquire or dispose of immoveables;
(d)  make a financial engagement for a sum exceeding the amount determined by the Government.
1979, c. 10, s. 22; 1985, c. 30, s. 146.
23. The Institut shall not acquire shares of another corporation or operate a commercial undertaking. It shall not grant loans, gifts, legacies or subsidies.
1979, c. 10, s. 23.
24. The Institut may receive and accept any gift, legacy, grant or other contribution.
It shall not, however, accept any gift, legacy, grant or other contribution to which charges or conditions are attached, unless from the Gouvernement du Québec, or a department or agency thereof, without the authorization of the Government.
1979, c. 10, s. 24.
25. The Institut, in pursuing its objects, must carry out any specific mandate entrusted to it, with the approval of the Government, by the minister responsible for the application of this act.
Such a mandate must be tabled before the National Assembly within fifteen days of its approval by the Government. If the mandate is approved while the National Assembly is not sitting, it must be tabled before it within fifteen days following the opening of the next session or, as the case may be, resumption.
The Institut must publish the findings of all research entrusted to it by the Minister pursuant to the preceding paragraphs.
1979, c. 10, s. 25.
DIVISION III
Repealed, 1987, c. 11, s. 1.
1987, c. 11, s. 1.
26. (Repealed).
1979, c. 10, s. 26; 1987, c. 11, s. 1.
27. (Repealed).
1979, c. 10, s. 27; 1987, c. 11, s. 1.
28. (Repealed).
1979, c. 10, s. 28; 1987, c. 11, s. 1.
DIVISION IV
MISCELLANEOUS PROVISIONS
29. The financial year of the Institut terminates on 31 March each year.
1979, c. 10, s. 29.
30. On the expiration of four months following the end of its financial year, the Institut must make a report of its activities for the preceding financial year to the minister entrusted with the application of this act. That report must also contain all the information that may be prescribed by the minister.
1979, c. 10, s. 30.
31. The minister shall table the report of the Institut before the National Assembly within thirty days of his receiving it. If he receives it while the National Assembly is not sitting, he shall table it within thirty days following the opening of the next session or, as the case may be, within fifteen days of resumption.
1979, c. 10, s. 31.
32. The books and accounts of the Institut shall be audited by the Auditor General each year and also whenever so ordered by the Government. His reports shall accompany the annual report of the Institut.
1979, c. 10, s. 32.
33. The Government shall entrust a minister with the application of this Act.
1979, c. 10, s. 33.
The Minister of Higher Education and Science is responsible for the application of this Act. O.C. 1237-90 of 90-08-29, (1990) 122 G.O. 2 (French), 3533.
34. (Amendment integrated into c. R-10, s. 2).
1979, c. 10, s. 34.
35. (Omitted).
1979, c. 10, s. 35.
36. (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 10 of the statutes of 1979, in force on 1 November 1980, is repealed, except section 35, effective from the coming into force of chapter I-13.2 of the Revised Statutes.