M-25.01 - Act respecting the Ministère des Relations avec les citoyens et de l’Immigration

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chapter M-25.01
Act respecting the Ministère des Relations avec les citoyens et de l’Immigration
RELATIONS WITH THE CITIZENS AND IMMIGRATIONJune 17 2005June 17 2005
Repealed, 2005, c. 24, s. 52.
2005, c. 24, s. 52.
DIVISION I
ORGANIZATION OF THE DEPARTMENT
1. The Ministère des Relations avec les citoyens et de l’Immigration shall be under the direction of the Minister of Relations with the Citizens and Immigration appointed under the Executive Power Act (chapter E-18).
1996, c. 21, s. 1.
The Minister of Relations with the Citizens and Immigration is designated under the name of Minister of Immigration and Cultural Communities. The Ministère des Relations avec les citoyens et de l’Immigration is designated under the name of Ministère de l’Immigration et des Communautés culturelles. Order in Council 133-2005 dated 18 February 2005, (2005) 137 G.O. 2 (French), 881.
2. The Government, in accordance with the Public Service Act (chapter F-3.1.1), shall appoint a person as Deputy Minister of Relations with the Citizens and Immigration.
1996, c. 21, s. 2.
3. Under the direction of the Minister, the Deputy Minister shall administer the department.
The Deputy Minister shall also exercise any other functions assigned to him by the Government or the Minister.
1996, c. 21, s. 3.
4. In the exercise of his functions, the Deputy Minister has the authority of the Minister.
1996, c. 21, s. 4.
5. The Deputy Minister may delegate the exercise of his functions under this Act, in writing and so far as he indicates, to a public servant or to an employee of the Government.
The Deputy Minister may, in the instrument of delegation, authorize the subdelegation of such functions as he indicates; where applicable, he shall identify the public servant or employee of the Government to whom this subdelegation may be made.
1996, c. 21, s. 5.
6. The personnel of the department shall be composed of the public servants necessary for the exercise of the functions 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 of the department so far as they are not determined by law or by the Government.
1996, c. 21, s. 6; 2000, c. 8, s. 242.
7. The signature of the Minister or of the Deputy Minister gives authority to any document emanating from the department.
No deed, document or writing binds the Minister or may be attributed to him unless it is signed by him, by the Deputy Minister, by a member of the personnel of the department or by an employee of the Government, and in the last two cases, only so far as determined by the Government.
1996, c. 21, s. 7.
8. The Government may, on the conditions it fixes, allow that the required signature be affixed by means of an automatic device to the documents it determines.
The Government may also allow that a facsimile of the signature be engraved, lithographed or printed on such documents as it determines. The facsimile must be authenticated by the countersignature of a person authorized by the Minister.
1996, c. 21, s. 8.
9. Every document or copy of a document emanating from the department or forming part of its records, if signed or certified true by a person referred to in the second paragraph of section 7, is authentic.
1996, c. 21, s. 9.
DIVISION II
FUNCTIONS AND POWERS
10. The Minister shall be responsible for the promotion of human rights and freedoms and shall foster the exercise by citizens of their civic and social responsibilities.
The Minister shall be charged with promoting solidarity between generations, giving proper consideration to the needs of families, the young and the elderly, and with promoting openness to pluralism, and closer intercultural relations, so as to foster a sense of belonging to the Québec people.
The Minister shall also be responsible for immigration matters.
1996, c. 21, s. 10.
The Premier exercises the functions of the Minister of Relations with the Citizens and Immigration provided for in this section as regards the young. Order in Council 554-2003 dated 29 April 2003, (2003) 135 G.O. 2 (French), 2522.
11. In exercising his responsibilities in matters of relations with the citizens, the Minister shall, in particular,
(1)  promote awareness of and the protection of human rights and freedoms;
(2)  foster equality between citizens and encourage participation in community life and social development;
(3)  facilitate dialogue and exchanges between Quebecers to foster openness to pluralism and closer intercultural relations;
(4)  ensure that the Government and government departments and agencies give proper consideration to the needs of the young and the elderly;
(5)  ensure that persons who are unable to fully exercise their civil rights are protected;
(6)  ensure that equitable contractual relations are established between consumers and persons or bodies offering goods or services;
(7)  foster citizens’ access to the documents of public bodies and ensure the protection of personal information held by public bodies or by the private sector;
(8)  (paragraph repealed);
(9)  be responsible for the register of civil status and for appointing a public servant as registrar of civil status.
1996, c. 21, s. 11; 1997, c. 58, s. 142; 2004, c. 30, s. 53.
The Premier exercises the functions of the Minister of Relations with the Citizens and Immigration provided for in paragraph 4 of this section as regards the young. Order in Council 554-2003 dated 29 April 2003, (2003) 135 G.O. 2 (French), 2522.
12. In exercising his responsibilities in immigration matters, the Minister shall, in particular,
(1)  define objectives as to the number of foreign nationals that may be admitted during a given period, according to society’s needs and capacity and with due regard to the principles of family reunification and international solidarity;
(2)  inform, recruit and select immigrants and facilitate their settling in Québec;
(3)  supervise the selection of foreign nationals who wish to settle temporarily in Québec;
(4)  take the necessary measures to enable the persons who settle in Québec to acquire the knowledge of the French language upon their arrival or even before they leave their country of origin and to promote the use of the French language by immigrants;
(5)  facilitate the linguistic, social and economic integration of immigrants into Québec society;
(6)  encourage society’s contribution to immigrant integration.
1996, c. 21, s. 12.
13. The Minister shall develop and propose to the Government policies and guidelines on relations with the citizens and on immigration and immigrant integration.
The Minister shall be responsible for the planning, coordination and implementation of such policies and guidelines.
The Minister shall also be charged with fostering concerted action and partnership in the fields under his responsibility.
1996, c. 21, s. 13.
14. The Minister shall advise the Government on any matter within his competence.
The Minister shall also exercise any other function assigned to him by the Government.
1996, c. 21, s. 14.
15. In exercising his functions, the Minister may, in particular,
(1)  enter into agreements, according to law, with any government other than the Gouvernement du Québec, one of its departments, an international organization, or an agency of such a government or organization;
(2)  enter into agreements with any person, association, partnership or body;
(3)  conduct or commission research, surveys, studies and analyses and publish them;
(4)  take the necessary measures, in collaboration with the departments concerned, to establish standards for the recognition in Québec of educational training and experience acquired outside Québec and the awarding of equivalences;
(5)  obtain from departments and public bodies the information necessary to establish his policies and guidelines and implement them.
1996, c. 21, s. 15.
16. The Minister shall table a report of the activities of the department in the National Assembly for each fiscal year, within six months from the end of that year or, if the Assembly is not sitting, within 30 days of resumption.
1996, c. 21, s. 16.
DIVISION III
CIVIL STATUS FUND
17. A fund to be known as the civil status fund is hereby established for the purpose of financing the property and services furnished under the authority of the Minister in connection with the registration of acts of civil status.
The Government shall determine the date on which the fund begins to operate, the nature of the property and services financed by the fund, its assets and liabilities and the nature of the expenses chargeable to it.
1996, c. 21, s. 17.
18. The fund shall be made up of the following sums, except interest:
(1)  the sums collected for the property and services financed by the fund;
(2)  the sums paid by the Minister of Relations with the Citizens and Immigration out of the appropriations granted for that purpose by Parliament;
(3)  the sums paid under section 21 or the first paragraph of section 22.
1996, c. 21, s. 18.
19. The sums required for 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 the fund shall be paid out of the fund.
1996, c. 21, s. 19.
20. The management of the sums paid into the fund shall be entrusted to the Minister of Finance. Such sums shall be paid to the order of the Minister of Finance and deposited with the financial institutions he determines.
The Minister of Relations with the Citizens and Immigration 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. 21, s. 20; 2000, c. 15, s. 122.
21. The Minister of Relations with the Citizens and Immigration may, as manager of the fund, borrow from the Minister of Finance sums taken out of the financing fund of the Ministère des Finances.
1996, c. 21, s. 21.
22. The Minister of Finance may, with the authorization of the Government and subject to the conditions it determines, advance to the civil status fund sums taken out of the consolidated revenue fund.
The Minister of Finance 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 civil status fund that is not required for its operation.
An advance paid to the civil status fund or the consolidated revenue fund shall be repayable out of the fund that received it.
1996, c. 21, s. 22.
23. All surpluses accumulated by the civil status fund shall be paid into the consolidated revenue fund on the dates and to the extent determined by the Government.
1996, c. 21, s. 23.
24. 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 civil status fund the sums required for the execution of a judgment against the State that has become res judicata.
1996, c. 21, s. 24; 1999, c. 40, s. 187.
25. 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. 21, s. 25; 2000, c. 8, s. 166; 2000, c. 15, s. 123.
26. The fiscal year of the fund ends on 31 March.
1996, c. 21, s. 26.
DIVISION IV
AMENDING PROVISIONS
27. (Omitted).
1996, c. 21, s. 27.
28. (Omitted).
1996, c. 21, s. 28.
29. (Omitted).
1996, c. 21, s. 29.
30. (Amendment integrated into c. A-2.1, s. 174).
1996, c. 21, s. 30.
31. (Amendment integrated into c. A-10, s. 42).
1996, c. 21, s. 31.
32. (Amendment integrated into c. A-23.001, s. 82).
1996, c. 21, s. 32.
33. (Amendment integrated into c. A-29, s. 65).
1996, c. 21, s. 33.
34. (Amendment integrated into c. C-12, s. 138).
1996, c. 21, s. 34.
35. (Amendment integrated into c. C-20, ss. 15 and 28).
1996, c. 21, s. 35.
36. (Amendment integrated into c. C-56.2, s. 27).
1996, c. 21, s. 36.
37. (Amendment integrated into c. C-57.01, s. 2).
1996, c. 21, s. 37.
38. (Amendment integrated into c. C-57.01, s. 3).
1996, c. 21, s. 38.
39. (Amendment integrated into c. C-57.01, s. 23).
1996, c. 21, s. 39.
40. (Amendment integrated into c. C-57.2, title).
1996, c. 21, s. 40.
41. (Amendment integrated into c. C-57.2, s. 1).
1996, c. 21, s. 41.
42. (Amendment integrated into c. C-57.2, ss. 4, 8, 13 and 22).
1996, c. 21, s. 42.
43. (Amendment integrated into c. C-57.2, ss. 13-15).
1996, c. 21, s. 43.
44. (Amendment integrated into c. C-59.01, s. 33).
1996, c. 21, s. 44.
45. (Amendment integrated into c. C-81, ss. 3 and 77).
1996, c. 21, s. 45.
46. (Amendment integrated into c. E-17.1, s. 33).
1996, c. 21, s. 46.
47. (Amendment integrated into c. E-18, s. 4).
1996, c. 21, s. 47.
48. (Amendment integrated into c. I-0.2, s. 3.1).
1996, c. 21, s. 48.
49. (Amendment integrated into c. I-0.2, s. 40).
1996, c. 21, s. 49.
50. (Amendment integrated into c. M-19, s. 3).
1996, c. 21, s. 50.
51. (Omitted).
1996, c. 21, s. 51.
52. (Amendment integrated into c. M-19, s. 32.1).
1996, c. 21, s. 52.
53. (Amendment integrated into c. M-19.2, s. 3).
1996, c. 21, s. 53.
54. (Amendment integrated into c. M-25.1.1, title).
1996, c. 21, s. 54.
55. (Amendment integrated into c. M-25.1.1, ss. 1, 2 and 10).
1996, c. 21, s. 55.
56. (Omitted).
1996, c. 21, s. 56.
57. (Amendment integrated into c. M-25.1.1, ss. 11, 15 and 18).
1996, c. 21, s. 57.
58. (Omitted).
1996, c. 21, s. 58.
59. (Amendment integrated into c. M-25.1.1, ss. 18, 35.3, 35.4 and 35.11).
1996, c. 21, s. 59.
60. (Amendment integrated into c. M-34, s. 1).
1996, c. 21, s. 60.
61. (Amendment integrated into c. P-30.1, s. 3.1).
1996, c. 21, s. 61.
62. (Amendment integrated into c. P-34.1, s. 156).
1996, c. 21, s. 62.
63. (Amendment integrated into c. P-39.1, s. 98).
1996, c. 21, s. 63.
64. (Amendment integrated into c. P-40.1, s. 1).
1996, c. 21, s. 64.
65. (Amendment integrated into c. P-41.1, s. 79.12).
1996, c. 21, s. 65.
66. (Amendment integrated into c. R-2.2, s. 67).
1996, c. 21, s. 66.
67. (Amendment integrated into c. S-3.1.1, s. 65.1).
1996, c. 21, s. 67.
68. (Amendment integrated into c. S-6.1, s. 2).
1996, c. 21, s. 68.
69. (Inoperative, 2003, c. 29, s. 169).
1996, c. 21, s. 69.
70. The words “des Affaires internationales, de l’Immigration et des Communautés culturelles” and “International Affairs, Immigration and Cultural Communities” are replaced by the words “des Relations internationales” and “International Relations”, respectively, wherever they appear in the following provisions and schedule:
(1)  (amendment integrated into c. A-2.1, s. 6);
(2)  (amendment integrated into c. A.3.01, s. 2);
(3)  (amendment integrated into c. A-6.1, s. 111);
(4)  (amendment integrated into c. A-17, s. 27.3);
(5)  (amendment integrated into c. A-21.1, schedule);
(6)  (amendment integrated into c. A-23.01, s. 41);
(7)  (amendment integrated into c. C-19, s. 29.12);
(8)  (amendment integrated into c. C-24.2, s. 92);
(9)  (amendment integrated into c. C-27.1, a. 14.10);
(10)  (amendment integrated into c. C-37.1, ss. 196 and 248);
(11)  (amendment integrated into c. C-37.2, s. 290);
(12)  (amendment integrated into c. C-37.3, s. 216);
(13)  (amendment integrated into c. C-70, s. 66);
(14)  (amendment integrated into c. E-9.1, s. 4);
(15)  (amendment integrated into c. F-2.1, ss. 204, 210, 236 and 255);
(16)  (amendment integrated into c. I-13.3, ss. 15, 294 and 296);
(17)  (amendment integrated into c. M-15, s. 1.3);
(18)  (amendment integrated into c. O-5, s. 5);
(19)  (amendment integrated into c. P-13, s. 79.7);
(20)  (amendment integrated into c. P-38.01, s. 6);
(21)  (amendment integrated into c. P-40.1, s. 188);
(22)  (amendment integrated into c. S-10.1, s. 33);
(23)  (amendment integrated into c. S-18.1, s. 42);
(24)  (amendment integrated into c. T-11.1, s. 2);
(25)  (amendment integrated into c. V-6.1, ss. 168 and 353);
(26)  (omitted);
(27)  (omitted);
(28)  (inoperative, 2003, c. 29, s. 169);
(29)  (amendment integrated into c. D-7.1, s. 7).
1996, c. 21, s. 70.
DIVISION V
TRANSITIONAL AND FINAL PROVISIONS
71. Unless the context indicates otherwise, in any Act and in any regulation, order in council, order, proclamation, ordinance, contract, agreement, accord or other document, a reference to the Minister or the Deputy Minister of International Affairs, Immigration and Cultural Communities or to the Ministère des Affaires internationales, de l’Immigration et des Communautés culturelles is, according to the subject matter, a reference to the Minister or the Deputy Minister of Relations with the Citizens and Immigration or the Ministère des Relations avec les citoyens et de l’Immigration or to the Minister or Deputy Minister of International Relations or the Ministère des Relations internationales.
In such documents, unless the context indicates otherwise, a reference to the Act respecting the Ministère des Affaires internationales, de l’Immigration et des Communautés culturelles or to any of its provisions is, according to the subject matter, a reference to the Act respecting the Ministère des Relations avec les citoyens et de l’Immigration, the Act respecting immigration to Québec, the Act respecting the Ministère des Relations internationales or the corresponding provision of any of the said Acts.
1996, c. 21, s. 71.
72. The civil status fund established under section 17 continues, from the date on which it begins its operations, that part of the register fund of the Ministère de la Justice to which subparagraph 2 of the first paragraph of section 32.1 of the Act respecting the Ministère de la Justice (chapter M-19) applies.
The Government may fix the date for the beginning of the activities of the civil status fund, which shall not be earlier than 1 April 1996.
1996, c. 21, s. 72.
73. The members of the personnel assigned to the “Immigration and Cultural Communities Program” of the Ministère des Relations internationales, to the registrar of civil status at the Ministère de la Justice, to the youth secretariat and the family secretariat at the Ministère de la Sécurité du revenu and the members of the personnel of the Conseil du trésor put at the disposal of the minister responsible for the administration of the Act respecting government services to departments and public bodies (chapter S-6.1) and assigned to the “Communication-Québec” directorate become, without further formality, members of the personnel of the Ministère des Relations avec les citoyens et de l’Immigration.
1996, c. 21, s. 73.
74. The appropriations allocated to the “Relations with the Citizens Program” and the “Immigration and Integration Program” are transferred to the Ministère des Relations avec les citoyens et de l’Immigration.
The appropriations allocated to the Conseil du trésor in relation to a function devolving upon the Minister of Relations with the Citizens and Immigration are transferred to the Minister of Relations with the Citizens and Immigration to the extent determined by the Government.
1996, c. 21, s. 74.
75. (Omitted).
1996, c. 21, s. 75.
REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 21 of the statutes of 1996, in force on 1 March 1997, is repealed, except sections 27 to 29, 69, paragraphs 26 to 28 of section 70 and section 75, effective from the coming into force of chapter M-25.01 of the Revised Statutes.