I-13.2.1 - Act respecting the Institut québécois de réforme du droit

Updated to 20 February 2024

This document has official status.

not in force

chapter I-13.2.1

Act respecting the Institut québécois de réforme du droit

The Act respecting the Institut québécois de réforme du droit (1992, chapter 43) was assented to on 23 June 1992. As it is not in force, the Act will be included in the Compilation of Québec Laws and Regulations on the updating subsequent to its coming into force. The Act will be then referred to under the above title and alphanumerical designation.

CHAPTER I ESTABLISHMENT AND MISSION

1. An Institute known as the “Institut québécois de réforme du droit” is hereby established.

1992, c. 43, s. 1.

2. The mission of the Institute is to submit proposals to the Minister concerning the reform and development of law, through means which include adapting the judicial system to the needs of society, simplifying, codifying, and seeking consistency among the rules of law and rendering more humane the institutions involved in the administration of justice.

1992, c. 43, s. 2.

3. In accomplishing its mission, the Institute shall carry out or commission research within the framework of the programs it draws up.

In addition, it may

(1)  promote collaboration and joint effort among researchers, practicians of law and bodies active in the judicial field or in its other research areas;

(2)  study proposals for reform presented by interested persons and bodies;

(3)  hold seminars and meetings for the dissemination of information or consultation;

(4)  publish studies or participate in their publication.

1992, c. 43, s. 3.

4. The Institute shall consult the Minister on the research programs it proposes to undertake.

It shall give priority to acting on the requests for advice or research addressed to it by the Minister.

1992, c. 43, s. 4.

5. The Institute shall report to the Minister on the progress of its work at the latter’s request.

1992, c. 43, s. 5.

6. Government departments and public bodies must make all information required by the Institute available to it and supply it with any necessary help in the pursuit of its mission.

1992, c. 43, s. 6.

CHAPTER II OPERATION

7. The Institute shall have its seat within the territory of the Communauté urbaine de Québec.

1992, c. 43, s. 7.

8. The Institute shall be composed of five to nine members apppointed by the Government on the recommendation of the Minister.

The majority of its members, including the chairman and the vice-chairman, shall be appointed on a full-time basis; the other members shall be apppointed on either a full-time or a part-time basis.

The full-time members shall be selected from among persons having received legal training or having a long-standing interest in law, and the part-time members from among persons of competence in the research areas of the Institute. Such persons shall be selected following consultation with interested circles.

The term of appointment of the full-time members shall not exceed five years, and that of the part-time members shall not exceed three years.

1992, c. 43, s. 8.

9. Members shall remain in office upon expiry of their term until reappointed or replaced.

1992, c. 43, s. 9.

10. The Government shall determine the remuneration, social benefits and other terms of employment of the members of the Institute.

1992, c. 43, s. 10.

11. The chairman is responsible for managing the Institute and presiding at its meetings.

If the chairman is unable to act, or if the position of chairman is vacant, the vice-chairman shall act as chairman.

1992, c. 43, s. 11.

12. The secretary and the personnel needed for carrying out the work of the Institute shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

1992, c. 43, s. 12.

13. Three members, including the chairman, shall constitute a quorum at meetings of the Institute. Their decisions shall be taken by a majority vote; where there is a tie-vote, the chairman shall have a casting vote.

1992, c. 43, s. 13.

14. The Institute may regulate its activity by way of internal by-laws approved by the Minister.

1992, c. 43, s. 14.

15. The fiscal year of the Institute shall end on 31 March.

1992, c. 43, s. 15.

16. The Institute must submit to the Minister, not later than 1 October each year, a report on its activities for the preceding fiscal year.

1992, c. 43, s. 16.

17. The Minister shall table before the National Assembly the research programs, research reports and reports on the activities of the Institute within 60 days of receipt. If the National Assembly is not sitting, they shall be tabled within 15 days of resumption.

1992, c. 43, s. 17.

CHAPTER III MISCELLANEOUS PROVISIONS

18. The amounts required for the first fiscal year of the Institute shall be taken out of the Consolidated Revenue Fund to the extent determined by the Government.

1992, c. 43, s. 18.

19. The Minister of Justice is responsible for the administration of this Act.

1992, c. 43, s. 19.

20. (Omitted).

1992, c. 43, s. 20.