M-17 - Act respecting the Ministère de l’Industrie et du Commerce

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chapter M-17
Act respecting the Ministère de l’Industrie et du Commerce
INDUSTRY AND TRADEDecember 18 2003March 23 2004
Chapter M-17 is replaced by the Act respecting the Ministère du Développement économique et régional et de la Recherche (chapter M-30.01). (2003, c. 29, s. 168).
1979, c. 77, s. 6; 1984, c. 36, s. 39; 1988, c. 41, s. 63; 1994, c. 16, s. 1; 1999, c. 8, s. 20; 2003, c. 29, s. 168.
DIVISION I
ORGANISATION OF THE DEPARTMENT
1979, c. 77, s. 7; 1984, c. 36, s. 40.
1. The Ministère de l’Industrie et du Commerce is under the direction of the Minister of Industry and Trade, appointed under the Executive Power Act (chapter E-18).
R. S. 1964, c. 206, s. 1; 1977, c. 5, s. 14; 1979, c. 77, s. 8; 1984, c. 36, s. 40; 1988, c. 41, s. 64; 1994, c. 16, s. 2; 1999, c. 8, s. 20.
The Minister of Industry and Trade is designated under the name of Minister of Economic and Regional Development. The Ministère de l’Industrie et du Commerce is designated under the name of Ministère du Développement économique et régional. Order in Council 558-2003 dated 29 April 2003, (2003) 135 G.O. 2 (French), 2524.
2. The Government, in accordance with the Public Service Act (chapter F‐3.1.1), shall appoint a person as Deputy Minister of Industry and Trade.
R. S. 1964, c. 206, s. 2; 1979, c. 77, s. 9; 1984, c. 36, s. 40; 1988, c. 41, s. 65; 1994, c. 16, s. 3; 1999, c. 8, s. 20.
3. Under the direction of the Minister, the Deputy Minister shall administer the department.
He shall, in addition, perform any other duties assigned to him by the Government or the Minister.
R. S. 1964, c. 206, s. 3; 1979, c. 77, s. 10; 1984, c. 36, s. 40.
4. In the performance of his duties, the Deputy Minister has the authority of the Minister.
R. S. 1964, c. 206, s. 4; 1984, c. 36, s. 40.
5. The Deputy Minister may in writing and to the extent he indicates delegate the exercise of his duties contemplated by this Act to a public servant or the holder of a position.
He may, in the instrument of delegation, authorize the subdelegation of the duties he indicates, and in that case shall name the title of the holder of the position or the public servant to whom they may be subdelegated.
R. S. 1964, c. 206, s. 5; 1978, c. 15, s. 140; 1984, c. 36, s. 40.
6. The staff of department shall consist of the public servants required for the performance of the duties of the Minister; they shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).
The Minister shall determine the duties of the public servants where they are not determined by law or by the Government.
R. S. 1964, c. 206, s. 6; 1965 (1st sess.), c. 14, s. 81; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1984, c. 36, s. 40; 2000, c. 8, s. 242.
DIVISION II
DUTIES AND POWERS OF THE MINISTER
1984, c. 36, s. 40.
7. The Minister shall devise policies to promote the development of industry, in particular the tourist industry, and the development of trade in Québec and propose them to the Government. He shall see to their implementation and supervise and coordinate their execution.
The Minister shall also be responsible for the administration of the Acts assigned to him.
R. S. 1964, c. 206, s. 7; 1984, c. 36, s. 40; 1988, c. 41, s. 66; 1994, c. 16, s. 4; 1999, c. 8, s. 26.
7.1. The duties and powers of the Minister shall be, more particularly, to
(1)  devise and implement assistance programs with a view to contributing to the development of industry and trade in Québec and promoting the export of Québec products and services;
(1.1)  determine, in cooperation with the departments and agencies concerned, objectives, priorities and strategies for industrial and commercial development and submit them to the Government;
(1.2)  (paragraph repealed);
(1.3)  (paragraph repealed);
(1.4)  (paragraph repealed);
(1.5)  (paragraph repealed);
(1.6)  (paragraph repealed);
(2)  provide such services for business firms and investors as he considers necessary for the development of industry and trade in Québec;
(3)  promote the development of cooperatives;
(4)  promote concerted action among the economic role players;
(5)  make recommendations to the Government on the objectives and activities of the state and public bodies where these are likely to affect industry and trade in Québec;
(6)  participate in the development and promotion of industry and trade, particularly by exploring for new investments, expanding existing markets and ensuring that activities resulting therefrom are realized within the scope of the policy on Canadian intergovernmental affairs and the policy on international affairs;
(7)  for the purpose of exercising his powers or carrying out his duties, grant financial assistance to any person or organization, with the authorization of the Government;
(8)  conduct or commission research, surveys or analyses for the purposes of exercising his powers or carrying out his duties;
(9)  collect, compile, analyse and publish information respecting industry and trade.
1984, c. 36, s. 40; 1988, c. 41, s. 67; 1994, c. 16, s. 5; 1999, c. 8, s. 27.
7.2. (Repealed).
1994, c. 16, s. 6; 1999, c. 8, s. 28.
7.3. The Minister may, by regulation approved by the Government, determine, for the purposes of the refundable tax credit for design, the annual fees payable for the registration or renewal of a validation certificate.
1994, c. 16, s. 6.
DIVISION II.1
REPORT AND DEPARTMENTAL DOCUMENTS
1984, c. 36, s. 40.
8. No deed, document or writing is binding on the department or may be attributed to the Minister unless it is signed by him, by the Deputy Minister or by an officer and only, in the case of an officer, to the extent determined by regulation of the Government published in the Gazette officielle du Québec.
The Government may, however, on conditions fixed by it, allow the required signature to be affixed by means of an automatic device to those documents it determines.
The Government may also allow a facsimile of the required signature to be engraved, lithographed or printed on those documents it determines. In that case, the facsimile has the same value as the signature itself if the document is countersigned by a person authorized by the Minister.
R. S. 1964, c. 206, s. 8; 1978, c. 18, s. 5.
9. Every copy of a document forming part of the records of the department, certified by the Minister or the Deputy Minister as a true copy, shall be authentic and shall have the same effect as the original.
R. S. 1964, c. 206, s. 9.
10. (Repealed).
1971, c. 62, s. 1; 1979, c. 77, s. 11.
11. Within six months following the end of each fiscal year, the Minister shall table a report of the activities of his department for that fiscal year in the National Assembly, if it is in session; if it is not sitting, he shall table it within thirty days after the opening of the next session or after resumption.
1978, c. 18, s. 6.
12. (Repealed).
1979, c. 77, s. 12; 1984, c. 36, s. 41.
13. (Repealed).
1979, c. 77, s. 12; 1984, c. 36, s. 41.
14. (Repealed).
1979, c. 77, s. 12; 1984, c. 36, s. 41.
15. (Repealed).
1979, c. 77, s. 12; 1984, c. 36, s. 41.
16. (Repealed).
1979, c. 77, s. 12; 1984, c. 36, s. 41.
17. (Repealed).
1979, c. 77, s. 12; 1983, c. 55, s. 161; 1984, c. 36, s. 41.
DIVISION II.2
TOURISM PARTNERSHIP FUND
1996, c. 72, s. 1.
17.1. A tourism partnership fund is hereby established for the promotion and development of tourism.
1996, c. 72, s. 1.
17.2. The Government shall fix the date on which the fund begins to operate and determine its assets and liabilities. The Government shall also determine the nature of the activities that may be financed by the fund and the nature of the costs and expenses that may be charged to the fund. Moreover, the Government may change the name of the fund.
1996, c. 72, s. 1.
17.3. The fund shall be made up of
(1)  the proceeds from the sale of the goods and services financed by the fund;
(2)  the sums paid into the fund by the Minister and taken out of the appropriations granted for that purpose by Parliament;
(3)  the gifts, legacies and other contributions paid into the fund to further the achievement of the objects of the fund;
(4)  the sums paid into the fund by the Minister of Finance pursuant to section 17.5 and the first paragraph of section 17.6;
(5)  the sums paid into the fund by the Minister of Revenue as the proceeds from the specific accommodation tax collected pursuant to the Act respecting the Québec sales tax (chapter T-0.1);
(6)  the sums paid into the fund by the Minister of Revenue, out of the proceeds of the Québec sales tax collected pursuant to the Act respecting the Québec sales tax, on the dates and to the extent determined by the Government; and
(7)  the interest earned on bank balances proportionate to the sums referred to in paragraphs 3 and 5.
1996, c. 72, s. 1.
17.4. The management of the sums making up the fund shall be entrusted to the Minister of Finance. The sums shall be paid to the order of the Minister of Finance and deposited with the financial institutions designated by him.
The Minister shall keep the books of account of the fund and record the financial commitments chargeable to it. The Minister shall also ensure that such commitments and the payments arising therefrom do not exceed and are consistent with the available balances.
1996, c. 72, s. 1; 2000, c. 15, s. 114.
17.5. The Minister, as manager of the fund, may borrow from the Minister of FInance sums taken out of the financing fund established under the Act respecting the Ministère des Finances (chapter M-24.01).
1996, c. 72, s. 1; 1999, c. 77, s. 45.
17.6. The Minister of Finance may, with the authorization of and subject to the conditions determined by the Government, advance to the fund sums taken out of the consolidated revenue fund.
Conversely, the Minister of Finance may, subject to the conditions he determines, advance to the consolidated revenue fund on a short-term basis any part of the sums making up the fund that is not required for its operation.
Any sum advanced to a fund is repayable out of that fund.
1996, c. 72, s. 1.
17.7. The sums referred to in paragraph 5 of section 17.3 and the interest earned thereon shall be paid out to the regional tourism associations representing the tourism regions where the specific accommodation tax is applicable.
The Minister shall determine the dates on which and the conditions subject to which the payments are to be made as well as the terms and conditions of payment.
1996, c. 72, s. 1.
17.8. The sums required to pay the remuneration of and expenditures relating to the employment benefits and other conditions of employment of the persons assigned, in accordance with the Public Service Act (chapter F-3.1.1), to fund-related activities shall be taken out of the fund.
1996, c. 72, s. 1.
17.9. The surpluses accumulated in the fund shall be paid into the consolidated revenue fund on the dates and to the extent determined by the Government.
1996, c. 72, s. 1.
17.10. Sections 20, 21 and 26 to 28, Chapters IV and VI and sections 89 and 90 of the Financial Administration Act (chapter A-6.001) apply to the fund, with the necessary modifications.
1996, c. 72, s. 1; 2000, c. 8, s. 161; 2000, c. 15, s. 115.
17.11. The fiscal year of the fund shall end on 31 March.
1996, c. 72, s. 1.
17.12. Notwithstanding any provision to the contrary, the Minister of Finance shall, in the event of a deficiency in the consolidated revenue fund, pay out of the fund the sums required for the execution of a judgment against the State that has become res judicata.
1996, c. 72, s. 1; 1999, c. 40, s. 182.
DIVISION III
This Division ceased to have effect on 17 April 1987.
18. (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 (chapter R-3), chapter 206 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter M-17 of the Revised Statutes.