M-16.1 - Act respecting the Ministère de l’Immigration, de la Diversité et de l'Inclusion

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chapter M-16.1
Act respecting the Ministère de l’Immigration, de la Diversité et de l'Inclusion
IMMIGRATION, DIVERSITÉ ET INCLUSIONJune 17 2005June 17 2005
2005, c. 24; 2016, c. 3, s. 110.
CHAPTER I
RESPONSIBILITIES OF THE MINISTER
1. The Ministère de l’Immigration, de la Diversité et de l’Inclusion is under the direction of the Minister of Immigration, Diversity and Inclusiveness appointed under the Executive Power Act (chapter E-18).
The Minister is responsible for immigration, ethnocultural diversity and inclusiveness.
2005, c. 24, s. 1; 2016, c. 32016, c. 3, s. 111.
2. The Minister is to develop and propose to the Government guidelines or policies on immigration and on the full participation, in French, of immigrants and ethnocultural minorities in Québec society, in full equality and in keeping with democratic values and the Québec values expressed by the Charter of human rights and freedoms (chapitre C-12). The Minister is notably to develop a Québec policy on those matters.
The Minister is to coordinate and monitor the implementation of those guidelines and policies in order to ensure their relevance and effectiveness.
2005, c. 24, s. 2; 2016, c. 32016, c. 3, s. 111; 2019, c. 112019, c. 11, s. 1.
3. The Minister is to advise the Government and government departments and bodies on any matter under the Minister’s responsibility.
2005, c. 24, s. 3; 2016, c. 32016, c. 3, s. 111; 2019, c. 112019, c. 11, s. 2.
4. The Minister’s functions in matters of immigration, ethnocultural diversity and inclusiveness are, more particularly,
(1)  to plan the number of immigrants Québec wishes to receive and the composition of that immigration;
(2)  to ensure and coordinate, with the support of the departments and bodies concerned, the promotion of immigration to Québec and prospection for and the recruitment of foreign nationals in foreign countries;
(3)  to offer immigrants a personalized support pathway, in particular by providing them with support in their immigration process and steps to learn French and integrate, and by informing them about democratic values and the Québec values expressed by the Charter of human rights and freedoms (chapter C-12), the importance of the French language, Québec culture and the vitality of the regions;
(4)  to select, as temporary or permanent immigrants, foreign nationals who are able to fully participate, in French, in particular by integrating into the labour market, in Québec society;
(5)  to contribute, through the selection of foreign nationals as temporary or permanent immigrants, to the occupancy and vitality of the regions and to meeting Québec’s needs, including current labour market needs, and reflecting Québec’s choices, in light of economic, demographic, linguistic and sociocultural realities;
(6)  to see that families are reunited, to participate in international solidarity efforts and to respond to other humanitarian situations;
(7)  to coordinate, with the support of the departments and bodies concerned, the implementation of reception, francization and integration services for immigrants aimed, in particular, at their learning French and learning about democratic values and the Québec values expressed by the Charter of human rights and freedoms;
(8)  to foster the commitment and coordinate the actions of the departments and bodies and of the other social actors concerned, including the municipalities, in order to build more inclusive communities that contribute to immigrants’ long-term settlement in the regions, promote immigrants’ and ethnocultural minorities’ full participation, in French, in community life, in full equality and in keeping with democratic values and the Québec values expressed by the Charter of human rights and freedoms, and contribute, through the establishment of harmonious intercultural relations, to the cultural enrichment of Québec society;
(9)  to assess immigration’s contribution to Québec by ensuring follow-up of immigrants’ situation for such purposes as knowing their level of knowledge of French and finding out how they are integrating into the labour market, with a view to ensuring their full participation in Québec society; and
(10)  to promote immigration’s contribution to Québec’s prosperity, to the preservation and vitality of French—the common language knowledge of which is the key to successful participation in community life—as well as to the occupancy and vitality of the regions and to Québec’s international influence.
2005, c. 24, s. 4; 2016, c. 32016, c. 3, s. 111; 2019, c. 112019, c. 11, s. 3.
5. (Repealed).
2005, c. 24, s. 5; 2016, c. 32016, c. 3, s. 112.
6. (Repealed).
2005, c. 24, s. 6; 2016, c. 32016, c. 3, s. 112.
7. In the exercise of ministerial responsibilities and functions, the Minister may, in particular,
(1)  enter into agreements with any person, association, partnership or body;
(2)  subject to the applicable legislative provisions, enter into agreements with a government other than the Gouvernement du Québec, with a department or body of that government, or with an international organization or one of its agencies, including agreements for the sharing of information to satisfy the obligations incumbent on the Minister under the Acts for which the Minister is responsible;
(3)  conduct or commission research, inventories, studies and analyses and publish them;
(4)  take the necessary measures, in collaboration with the other ministers and the bodies concerned, to facilitate the recognition, in Québec, of qualifications acquired abroad, such as by speeding up the recognition process;
(5)  establish comparisons between diplomas and education obtained abroad and those obtained within Québec’s education system;
(6)  collect from immigrants the information necessary
(a)  to know their situation, in particular as regards their level of knowledge of French, their integration into the labour market, and obstacles to their full participation in Québec society;
(b)  to develop and implement programs, guidelines and policies, monitor their relevance and effectiveness and assess the same on an ongoing basis; and
(c)  to put services in place for immigrants and assess their needs and satisfaction with respect to those services.
2005, c. 24, s. 7; 2016, c. 32016, c. 3, s. 113; 2019, c. 112019, c. 11, s. 4.
7.1. The departments and bodies concerned periodically communicate to the Minister, according to terms determined by agreement, the information necessary for the exercise of ministerial responsibilities and functions.
2019, c. 112019, c. 11, s. 5.
8. The Minister is also responsible for the administration of the Acts assigned to the Minister, and assumes any other responsibility the Government assigns to the Minister.
2005, c. 24, s. 8.
CHAPTER II
ORGANIZATION OF THE DEPARTMENT
9. The Government appoints a Deputy Minister of Immigration and Cultural Communities, in accordance with the Public Service Act (chapter F-3.1.1).
2005, c. 24, s. 9.
10. Under the direction of the Minister, the Deputy Minister administers the department.
The Deputy Minister also exercises any other function assigned to the Deputy Minister by the Government or the Minister.
2005, c. 24, s. 10.
11. The Deputy Minister has the authority of the Minister in the functions of office.
2005, c. 24, s. 11.
12. The Deputy Minister may, in writing and to the extent specified, delegate deputy-ministerial functions under this Act to a public servant or employee.
In the instrument of delegation, the Deputy Minister may authorize the subdelegation of specified functions, and, in such a case, identify the public servant or employee to whom the functions may be subdelegated.
2005, c. 24, s. 12.
13. The personnel of the department is composed of the public servants the Minister requires for the exercise of the functions of office; the public servants are appointed in accordance with the Public Service Act (chapter F-3.1.1).
The Minister is to determine the duties of the public servants of the department to the extent that they are not determined by law or by the Government.
2005, c. 24, s. 13.
14. The signature of the Minister or the Deputy Minister gives authority to any document emanating from the department.
A deed, document or writing is binding on the Minister or may be attributed to the Minister only if it is signed by the Minister, the Deputy Minister, a member of the personnel of the department or an employee and, in the last two cases, only to the extent determined by the Government.
2005, c. 24, s. 14.
15. The Government may allow a signature to be affixed using an automatic device or electronic process, subject to the conditions it determines.
The Government may also allow a facsimile of the signature to be engraved, lithographed or printed, subject to the conditions it determines. Except in the cases prescribed by the Government, the facsimile must be authenticated by the countersignature of a person authorized by the Minister.
2005, c. 24, s. 15.
16. A document or copy of a document emanating from the department or forming part of its records is authentic, if signed or certified true by a person referred to in the second paragraph of section 14.
2005, c. 24, s. 16.
17. An intelligible transcription of a decision or other data stored by the department on a computer or on another electronic medium is a document of the department and is proof of its contents if certified true by a person referred to in the second paragraph of section 14.
2005, c. 24, s. 17.
18. The Minister must table the annual management report of the department in the National Assembly within four months of the end of the fiscal year or, if the Assembly is not sitting, within 15 days of resumption.
2005, c. 24, s. 18.
CHAPTER III
AMENDING PROVISIONS
19. (Amendment integrated into c. A-2.1, s. 174).
2005, c. 24, s. 19.
20. (Amendment integrated into c. A-10, s. 42).
2005, c. 24, s. 20.
21. (Amendment integrated into c. A-23.001, s. 82).
2005, c. 24, s. 21.
22. (Amendment integrated into c. A-29, s. 65).
2005, c. 24, s. 22.
23. (Amendment integrated into c. A-29, s. 65.2).
2005, c. 24, s. 23.
24. (Amendment integrated into c. C-12, s. 138).
2005, c. 24, s. 24.
25. (Amendment integrated into c. C-20, ss. 15 and 28).
2005, c. 24, s. 25.
26. (Amendment integrated into c. C-57.01, s. 2).
2005, c. 24, s. 26.
27. (Amendment integrated into c. C-57.01, s. 3).
2005, c. 24, s. 27.
28. (Amendment integrated into c. C-57.01, s. 23).
2005, c. 24, s. 28.
29. (Amendment integrated into c. C-57.2, ss. 4 and 8).
2005, c. 24, s. 29.
30. (Amendment integrated into c. C-57.2, s. 13).
2005, c. 24, s. 30.
31. (Amendment integrated into c. C-57.2, s. 22).
2005, c. 24, s. 31.
32. (Amendment integrated into c. C-59.01, s. 33).
2005, c. 24, s. 32.
33. (Amendment integrated into c. C-81, ss. 3, 17.1, 46, 55, 67 and 67.0.1).
2005, c. 24, s. 33.
34. (Amendment integrated into c. C-81, s. 77).
2005, c. 24, s. 34.
35. (Amendment integrated into c. E-18, s. 4).
2005, c. 24, s. 35.
36. (Amendment integrated into c. E-20.1, s. 6.1).
2005, c. 24, s. 36.
37. (Amendment integrated into c. E-20.1, s. 63).
2005, c. 24, s. 37.
38. (Amendment integrated into c. I-0.2, s. 3.1).
2005, c. 24, s. 38.
39. (Amendment integrated into c. I-0.2, s. 12.4.3).
2005, c. 24, s. 39.
40. (Amendment integrated into c. I-0.2, s. 40).
2005, c. 24, s. 40.
41. (Amendment integrated into c. M-17.2, s. 4.1).
2005, c. 24, s. 41.
42. (Amendment integrated into c. M-19, s. 3).
2005, c. 24, s. 42.
43. (Amendment integrated into c. M-19, Div. III.3, ss. 32.23-32.32).
2005, c. 24, s. 43.
44. (Amendment integrated into c. M-19.2, s. 3).
2005, c. 24, s. 44.
45. (Amendment integrated into c. M-34, s. 1).
2005, c. 24, s. 45.
46. (Amendment integrated into c. P-34.1, s. 156).
2005, c. 24, s. 46.
47. (Amendment integrated into c. P-39.1, s. 98).
2005, c. 24, s. 47.
48. (Amendment integrated into c. P-40.1, s. 1).
2005, c. 24, s. 48.
49. (Amendment integrated into c. R-2.2, s. 67).
2005, c. 24, s. 49.
50. (Amendment integrated into c. S-32.001, s. 98).
2005, c. 24, s. 50.
CHAPTER IV
TRANSITIONAL AND FINAL PROVISIONS
51. Unless the context indicates otherwise and depending on the subject matter, in any other Act or document,
(1)  a reference to the Minister or the Deputy Minister of Relations with the citizens and Immigration or to the Ministère des Relations avec les citoyens et de l’Immigration is a reference to the Minister, the Deputy Minister or the department responsible for that subject matter; and
(2)  a reference to the Act respecting the Ministère des Relations avec les citoyens et de l’Immigration (chapter M-25.01) or to a provision of that Act is a reference to the Act respecting the Ministère de l’Immigration et des Communautés culturelles (chapter M-16.1), the Act respecting the Ministère de la Justice (chapter M-19) or the Act respecting the Ministère de la Famille et de l’Enfance (chapter M-17.2), or to the corresponding provision of those Acts.
2005, c. 24, s. 51.
52. (Omitted).
2005, c. 24, s. 52.
53. (Omitted).
2005, c. 24, s. 53.
REPEAL SCHEDULE
In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 24 of the statutes of 2005, in force on 1 March 2006, is repealed, except section 53, effective from the coming into force of chapter M-16.1 of the Revised Statutes.