M-19.2.1 - Act respecting the Ministère de la Sécurité du revenu

Full text
chapter M-19.2.1
Act respecting the Ministère de la Sécurité du revenu
INCOME SECURITYJune 25 1997June 25 1997
Chapter M-19.2.1 is replaced by the Act respecting the Ministère de l’Emploi et de la Solidarité and establishing the Commission des partenaires du marché du travail (chapter M-15.001) (1997, c. 63, s. 144).
1981, c. 9, s. 26; 1982, c. 53, s. 44; 1992, c. 44, s. 67; 1994, c. 12, s. 8; 1997, c. 63, s. 144.
DIVISION I
MINISTER AND HIS FUNCTIONS
1. The Ministère de la Sécurité du revenu shall be under the direction of the Minister of Income Security appointed under the Executive Power Act (chapter E-18).
The Minister is also responsible for the administration of the Acts assigned to him.
1968, c. 43, s. 1; 1977, c. 5, s. 14; 1981, c. 9, s. 27; 1982, c. 53, s. 45; 1988, c. 51, s. 116; 1992, c. 44, s. 68; 1994, c. 12, s. 9.
2. The Minister shall devise policies and measures respecting income security and social allowances and propose them to the Government.
The Minister shall see to the implementation of the policies and measures, supervise their application and coordinate their execution.
1968, c. 43, s. 2; 1979, c. 63, s. 295; 1981, c. 9, s. 28; 1982, c. 53, s. 46; 1994, c. 12, s. 10.
3. The functions and powers of the Minister shall consist more particularly in
(1)  developing programs relating to income security and proposing them to the Government in order to ensure a proper quality of life and standard of living for every individual and family;
(2)  encouraging the entry or re-entry into the labour market of beneficiaries under an income security program;
(3)  encouraging the participation of groups in the determination of means of fulfilling individual and family needs for income security;
(4)  carrying out or causing to be carried out the studies and research he considers necessary for the pursuit of the department’s activities;
(5)  compiling, analyzing and publishing available information on income security and on the activities of his department and the bodies under its jurisdiction.
1968, c. 43, s. 3; 1979, c. 63, s. 296; 1981, c. 9, s. 29; 1982, c. 53, s. 47; 1994, c. 12, s. 11.
3.1. (Repealed).
1977, c. 41, s. 71; 1982, c. 53, s. 48.
4. The Minister may, according to law, make any agreement with another government or one of its departments or bodies for the carrying out of this Act or of any Act he is responsible for carrying out.
Such an agreement may permit the exchange of nominative information obtained under an Act that the Minister is responsible for carrying out or under an equivalent Act administered by such government, department or body, and required for the purpose of ascertaining a person’s eligibility for the programs contemplated by such Acts or for the prevention, detection or repression of an offence under any such Act.
An agreement referred to in the second paragraph shall be submitted to the Commission d’accès à l’information for an opinion in accordance with the procedure prescribed in section 70 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).
Notwithstanding any legislative or regulatory provision, where such an agreement causes the benefits of such Acts, regulations or by-laws to be extended to a person contemplated in the agreement, the Government may, by regulation, in order to give effect to the agreement, take the measures necessary for its carrying out. The regulation shall come into force on the date of its publication in the Gazette officielle du Québec or on any later date fixed therein.
1968, c. 43, s. 4; 1981, c. 9, s. 30; 1985, c. 30, s. 146; 1993, c. 66, s. 1.
4.1. Notwithstanding any legislative or regulatory provision, the Minister may enable a person not resident in Québec, within the meaning of an Act he is responsible for carrying out, to benefit from the services provided under the said Act, on such conditions as he may determine.
1981, c. 9, s. 30.
5. The Minister shall lay before the Legislature a report of the activities of his department for each fiscal year; such report shall be filed within six months following the end of each year or, if the Assembly is not then in session, not later than the fifteenth day during which it sits after the expiration of such delay.
1968, c. 43, s. 5.
5.1. (Repealed).
1979, c. 45, s. 167; 1982, c. 53, s. 49.
5.2. The Minister, in accordance with such standards as the Government may establish by regulation, may pay an allowance to a person on maternity leave or on parental leave.
The regulation may prescribe the cases and conditions giving entitlement to the allowance and the terms and conditions of payment.
1979, c. 45, s. 167; 1990, c. 73, s. 70.
5.3. A program established by the Minister relating to income security may prescribe eligibility criteria based on a person’s age.
1984, c. 27, s. 79; 1994, c. 12, s. 12.
5.4. The Minister may enter into a contract with a view to fixing the price of goods or services where he is to pay all or part of the cost of the supply of such goods or services within the scope of a program for which he is responsible.
Any allowance or other benefit relating to a type of goods or service that is the subject of such a contract shall be granted on the conditions prescribed in the program.
1993, c. 66, s. 2.
DIVISION II
STAFF OF THE DEPARTMENT
6. The Government shall appoint a Deputy Minister of Income Security, in accordance with the Public Service Act (chapter F-3.1.1).
1968, c. 43, s. 6; 1981, c. 9, s. 31; 1982, c. 53, s. 50; 1983, c. 55, s. 161; 1992, c. 44, s. 69; 1994, c. 12, s. 13.
7. Under the direction of the Minister, the Deputy Minister shall supervise the other officers and employees of the department. He shall administer its day-to-day business and exercise the other powers assigned to him by the Government.
1968, c. 43, s. 7.
8. The orders of the Deputy Minister shall be carried out in the same manner as those of the Minister; his authority shall be that of the incumbent minister of the department and his official signature shall give force and authority to any document emanating from the department.
1968, c. 43, s. 8; 1978, c. 15, s. 140.
9. The Government shall also appoint, in accordance with the Public Service Act (chapter F-3.1.1), any other officers and employees necessary for the proper administration of the department.
1968, c. 43, s. 9; 1978, c. 15, s. 140; 1983, c. 55, s. 161.
10. The respective duties of the officers and employees of the department not expressly defined by law or by the Government shall be determined by the Minister.
1968, c. 43, s. 10.
DIVISION III
INVESTIGATIONS
1982, c. 53, s. 51.
11. The Minister, in the performance of his duties, may inquire or designate a person to inquire into any matter within his jurisdiction.
1968, c. 43, s. 11; 1977, c. 41, s. 72; 1978, c. 15, s. 140; 1982, c. 53, s. 51.
12. No person may hinder an investigator in the discharge of his duties, mislead or attempt to mislead him by false or untrue declarations or by failing or refusing, without reasonable cause, to answer every question that may lawfully be asked.
1968, c. 43, s. 12; 1982, c. 53, s. 51.
13. Every person who contravenes section 12 is guilty of an offence and liable to a fine of not less than $100 nor more than $1 000.
1968, c. 43, s. 13; 1982, c. 53, s. 51; 1990, c. 4, s. 582.
DIVISION IV
GENERAL PROVISIONS
14. No deed, document or writing shall bind the department or may be attributed to the Minister unless it is signed by him, by the Deputy Minister or by a member of the personnel of the department and only, in the case of such a member, to the extent determined by regulation of the Government.
A member of the personnel of a body is, to the extent that he is assigned to the carrying out of a program entrusted to the body by agreement with the Minister, a member of the personnel of the department for the purposes of the first paragraph.
1968, c. 43, s. 14; 1978, c. 18, s. 10; 1979, c. 32, s. 8; 1982, c. 53, s. 52; 1988, c. 51, s. 117.
15. The Government may, by regulation, on such conditions and in respect of such documents as it may determine, permit
(1)  a signature to be affixed by means of an automatic device;
(2)  a facsimile of a signature to be engraved, lithographed or printed. In that case, the facsimile has the same force as the signature if the document is countersigned by a person authorized by the Minister.
1968, c. 43, s. 15; 1982, c. 53, s. 53.
15.1. Every regulation made by virtue of section 14 or 15 comes into force ten days after the date of its publication in the Gazette officielle du Québec or on any later date indicated therein.
1982, c. 53, s. 54.
15.2. A decision made or certificate issued pursuant to an Act that the Minister is responsible for carrying out need not be signed, but it must contain the name of the person who made or issued it.
1993, c. 66, s. 3.
15.3. A document or copy of a document emanating from the department or forming part of its records is authentic where it is signed or certified true by a person referred to in section 14.
1993, c. 66, s. 3.
15.4. An intelligible transcription in writing of a decision, certificate or other data stored by the department on a computer or on any other magnetic medium is a document of the department and is proof of its contents where certified true by a person referred to in section 14.
1993, c. 66, s. 3.
15.5. A decision made or certificate issued pursuant to an Act that the Minister is responsible for carrying out is presumed to have been made or issued and sent out on the date indicated therein.
1993, c. 66, s. 3.
16. (Repealed).
1981, c. 9, s. 32; 1983, c. 38, s. 67.
17. (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.

(Repealed).
1979, c. 45, s. 168; 1981, c. 9, s. 33; 1982, c. 53, s. 55.
REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter M-19.1 of the Revised Statutes, in force on 1 September 1994, is repealed effective from the coming into force of chapter M-19.2.1 of the Revised Statutes.