M-23.01 - Act respecting the Ministère des Approvisionnements et Services

Full text
chapter M-23.01
Act respecting the Ministère des Approvisionnements et Services
SUPPLY AND SERVICESJune 17 1994June 17 1994
Repealed, 1994, c. 18, s. 42.
1994, c. 18, s. 42.
CHAPTER I
ORGANIZATION OF THE DEPARTMENT
1. The Ministère des Approvisionnements et Services is under the direction of the Minister of Supply and Services appointed under the Executive Power Act (chapter E-18).
1986, c. 52, s. 1.
2. The Government, in accordance with the Public Service Act (chapter F-3.1.1), shall appoint a person as Deputy Minister of Supply and Services.
1986, c. 52, s. 2.
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.
1986, c. 52, s. 3.
4. In the performance of his duties, the Deputy Minister has the authority of the Minister.
1986, c. 52, s. 4.
5. The Deputy Minister may in writing and to the extent he indicates delegate the performance 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.
1986, c. 52, s. 5.
6. The staff of the department shall consist of the public servants required for the performance of the duties of the Minister; they shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).
The Minister shall determine the duties of the public servants where these are not determined by law or by the Government.
1986, c. 52, s. 6.
CHAPTER II
DUTIES AND POWERS OF THE MINISTER
7. The Minister shall develop and propose to the Government policies relating to the acquisition and construction of property and to the leasing and supply of goods and services for government departments and public bodies.
He shall see to the implementation of such policies, supervise their application and coordinate their execution.
The Minister is also responsible for the administration of the Acts entrusted to him.
1986, c. 52, s. 7; 1990, c. 79, s. 1; 1991, c. 72, s. 1.
7.1. The Government may make regulations pertaining to matters referred to in section 7, which shall apply
(1)  to a government department;
(2)  to a public body whose operating budget is voted in whole or in part by the National Assembly; or
(3)  to any other public body.
1991, c. 72, s. 1.
7.2. The Government may exempt all the activities carried on by a public body from the application of certain provisions of a regulation made under section 7.1; it may also exempt certain categories of activities carried on by a public body from the application of all or some of the provisions of such a regulation.
The public body must have adopted, by by-law, special rules governing the activities so exempted. The by-law has effect only when approved by the Government upon the recommendation of the Conseil du trésor and following the Minister’s advice.
1991, c. 72, s. 1.
7.3. A government department or public body may act according to rules that are different from those applicable to it under sections 7.1 and 7.2, with the authorization of the Government and following the recommendation of the Conseil du trésor and the Minister’s advice in cases where the activity to be carried out is subject to authorization by the Government, or with the authorization of the Conseil du trésor following the Minister’s advice in all other cases. The Government or the Conseil du trésor, as the case may be, may in such cases fix the rules which apply.
1991, c. 72, s. 1.
7.4. The powers conferred on the Government, the Conseil du trésor or the Minister by sections 7.2 and 7.3 shall, in respect of persons designated by the National Assembly to perform a duty under its authority and in respect of the Commission de la représentation, be exercised by the Office of the National Assembly.
The special rules governing the activities of any such body shall be published in the Gazette officielle du Québec.
1991, c. 72, s. 1.
7.5. The Government, on the conditions it determines, may exempt a public body described in paragraph 1 of section 5 of the Auditor General Act (chapter V-5.01) from the application of all regulations made under section 7.1.
The public body must adopt a policy governing the matters referred to in section 7 and make it public.
1991, c. 72, s. 1; 1993, c. 23, s. 3.
7.6. The Government, upon the recommendation of the Conseil du trésor and with or without conditions, may exempt a public body described in paragraph 2 of section 5 of the Auditor General Act (chapter V-5.01) from the application of all regulations made under section 7.1.
1992, c. 50, s. 2.
7.7. The public bodies to which sections 7.2 and 7.4 apply have, for the purposes of those sections, the power to adopt the special rules referred to therein.
1992, c. 50, s. 2; 1993, c. 23, s. 4.
7.8. Except in respect of sections 49 to 49.4 of the Financial Administration Act (chapter A-6), the provisions of sections 7.1 to 7.7 take precedence over any inconsistent provision of any earlier general law or special Act or of any later general law or special Act unless the latter expressly states that it applies notwithstanding the said provisions.
1993, c. 23, s. 5.
8. The duties and powers of the Minister shall be, more particularly, to
(1)  determine, jointly with the departments and with the government agencies designated by the Government, the needs of such departments and agencies as regards immovables, and ensure that suitable measures are taken to meet those needs;
(2)  obtain an inventory of the property and services at the disposition of the departments and the government agencies designated by the Government;
(2.1)  supply, for a consideration, services, in particular in the following sectors: reprography, air transport within the framework of government functions or missions, mail and messenger services, supplies and furnishings, computer hardware and software, and office machine maintenance;
(3)  take the necessary measures to increase the effectiveness and efficiency of the departments and the government agencies designated by the Government and limit their expenditures relating to the purchase and construction of property as well as to the leasing and supply of property and services to obtain the best quality/cost ratio;
(4)  carry out studies or investigations in the fields within his competence or cause them to be carried out;
(5)  perform other duties assigned to him by the Government.
1986, c. 52, s. 8; 1990, c. 79, s. 2; 1991, c. 72, s. 2.
8.1. The Minister shall establish tables listing categories of property or goods, categories of services and specialties under which suppliers may be registered for purposes of selection of suppliers by means of a register. These tables shall be submitted to the Government for approval and published in the Gazette officielle du Québec.
1990, c. 79, s. 3.
9. For the purposes of this Act, the Conseil du trésor, any government body or agency subject to the Auditor General Act (chapter V-5.01) by the effect of sections 4, 5 and 6 of that Act, any person designated by the Government by virtue of an Act whose personnel is appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1), any person designated by the National Assembly to perform duties that come under the National Assembly and any body, other than the Office of the National Assembly, to which the National Assembly or a committee thereof appoints the majority of the members, is considered to be a public body.
1986, c. 52, s. 9; 1989, c. 1, s. 606; 1990, c. 79, s. 4; 1991, c. 72, s. 3.
10. The Minister may, for the performance of his duties, enter into an agreement according to law with any government other than that of Québec, any department of such a government, any international organization or any agency of such a government or organization.
1986, c. 52, s. 10.
11. The Minister shall table in the National Assembly a report of the activities of the Ministère des Approvisionnements et Services for each fiscal year within six months after the end of the year if the Assembly is sitting or, if it is not sitting, within thirty days after the opening of the next session or resumption.
1986, c. 52, s. 11.
CHAPTER III
DOCUMENTS OF THE DEPARTMENT
12. The signature of the Minister or of the Deputy Minister gives effect to any document emanating from the department.
1986, c. 52, s. 12.
13. No deed, document or writing is binding on the Minister or may be attributed to him unless it is signed by him, by the Deputy Minister or by a member of the staff of the department and only, in the case of such a member, to the extent determined by regulation of the Government published in the Gazette officielle du Québec.
1986, c. 52, s. 13.
14. The Government, by regulation published in the Gazette officielle du Québec, may, on the conditions it determines, allow a signature to be affixed by means of an automatic device to the documents it determines.
The Government may similarly allow a facsimile of the signature to be engraved, lithographed or printed on the documents it determines. The facsimile must be countersigned by a person authorized by the Minister.
1986, c. 52, s. 14.
15. Any document or copy of a document emanating from the department or forming part of its records, signed or certified by a person referred to in section 13, is authentic.
1986, c. 52, s. 15.
CHAPTER III.1
SPECIAL FUNDS
1988, c. 12, s. 1.
15.1. The special funds called “Government documents reproduction fund”, “Government air service fund” and “mail and messenger services fund” are hereby established at the department for the purpose of financing the goods and services to which they relate.
A fund called supplies and services fund shall also be established at the department for the purpose of financing the following goods and services: goods and services supplied by the General Purchasing Director under the Act respecting the Service des achats du gouvernement (chapter S-4), supplies and furnishings, computer hardware and software and office machine maintenance.
1988, c. 12, s. 1; 1991, c. 72, s. 4.
15.2. The Government shall determine the assets and liabilities of each fund and the date on which it begins to operate. It shall also determine the nature of the goods and services to be supplied by and the nature of the costs to be charged to each fund.
1988, c. 12, s. 1.
15.3. Each fund shall be constituted of the following sums, except interest:
(1)  the sums collected for the goods and services financed by the fund;
(2)  the advances granted by the Minister of Finance under the first paragraph of section 15.5;
(3)  the sums paid by the Minister of Supply and Services out of the appropriations allocated for that purpose by Parliament.
1988, c. 12, s. 1.
15.4. The management of the sums paid into the funds shall be entrusted to the Minister of Finance. Such sums shall be paid to his order and deposited with the financial institutions he determines.
Notwithstanding section 13 of the Financial Administration Act (chapter A-6), the Minister of Supply and Services shall keep the books of account for and record the financial commitments chargeable to the funds. He shall also certify that such commitments and the payments arising therefrom do not exceed the available balances and comply therewith.
1988, c. 12, s. 1.
15.5. The Minister of Finance may, with the authorization of the Government and subject to conditions it determines, advance to the funds sums taken out of the consolidated revenue fund.
He may conversely advance to the consolidated revenue fund, on a short-term basis and subject to the conditions he determines, any part of the sums paid into the funds that is not required for their operations.
Any advance paid to a fund shall be repayable out of that fund.
1988, c. 12, s. 1.
15.6. The remuneration and expenses pertaining to social benefits and other conditions of employment of the persons assigned, in accordance with the Public Service Act (chapter F-3.1.1), to activities related to a fund shall be paid out of that fund.
1988, c. 12, s. 1.
15.7. All surpluses accumulated by a fund shall be paid into the consolidated revenue fund on the dates and to the extent determined by the Government.
1988, c. 12, s. 1.
15.8. Sections 22 to 27, 33, 35, 45, 47 to 49, 49.2, 51, 57 and 70 to 72 of the Financial Administration Act (chapter A-6), adapted as required, apply to the funds.
1988, c. 12, s. 1; 1991, c. 72, s. 5.
15.9. The fiscal year of the funds ends on 31 March each year.
1988, c. 12, s. 1.
15.10. 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 funds the sums required for the execution of a judgment against the Crown that has become res judicata.
1988, c. 12, s. 1.
CHAPTER IV
TRANSITIONAL AND FINAL PROVISIONS
16. (Amendment integrated into c. E-18, s. 4).
1986, c. 52, s. 16.
17. (Amendment integrated into c. E-20.1, s. 7).
1986, c. 52, s. 17.
18. (Amendment integrated into c. M-25.1, s. 28).
1986, c. 52, s. 18.
19. (Amendment integrated into c. M-30, s. 3.17).
1986, c. 52, s. 19.
20. (Amendment integrated into c. M-34, s. 1).
1986, c. 52, s. 20.
21. (Amendment integrated into c. P-38.1, s. 1).
1986, c. 52, s. 21.
22. (Amendment integrated into c. P-38.1, s. 59).
1986, c. 52, s. 22.
23. (Amendment integrated into c. S-4, s. 1).
1986, c. 52, s. 23.
24. (Amendment integrated into c. S-4, s. 2).
1986, c. 52, s. 24.
25. (Amendment integrated into c. S-17.1, s. 10).
1986, c. 52, s. 25.
26. The following become the staff of the Ministère des Approvisionnements et Services:
(1)  the staff of the Service des achats du gouvernement;
(2)  the staff of the Société immobilière du Québec designated by the Government who agree to become the staff of the Ministère des Approvisionnements et Services.
The Public Service Act (chapter F-3.1.1) applies to the staff referred to in subparagraph 2 of the first paragraph according to the terms and conditions determined by the Government.
1986, c. 52, s. 26.
27. The appropriations granted to the Conseil du trésor, to the Minister for Supply and Services or to a department in respect of the matters devolved upon the Minister of Supply and Services are transferred to the Ministère des Approvisionnements et Services, according as the Government may determine.
The other sums required for the administration of this Act are taken, for the fiscal year 1986-87, out of the consolidated revenue fund, to the extent determined by the Government.
1986, c. 52, s. 27.
28. (Omitted).
1986, c. 52, s. 28.
REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 52 of the statutes of 1986, in force on 1 September 1986, is repealed, except section 28, effective from the coming into force of chapter M-23.01 of the Revised Statutes.