S-11.04 - Act respecting the Société de promotion économique du Québec métropolitain

Repealed on 1 September 2003

This document has official status.

chapter S-11.04

Act respecting the Société de promotion économique du Québec métropolitain

Repealed; 2002, c. 77, s. 76 and Order in Council 471-2003 dated 31 March 2003, (2003) 135 G.O. 2, 1430.

2002, c. 77, s. 76.

DIVISION I ESTABLISHMENT AND ORGANIZATION

1. A non-profit legal person is hereby established under the name of “La Société de promotion économique du Québec métropolitain”.

1988, c. 32, s. 1; 1999, c. 40, s. 281.

2. The territory in which the Société shall exercise its activities shall consist of the territory of the Communauté métropolitaine de Québec.

1988, c. 32, s. 2; 2001, c. 25, s. 179.

3. The head office of the Société shall be situated in the territory described in section 2. Notice of the location or of any change of location of the head office shall be published in the Gazette officielle du Québec.

1988, c. 32, s. 3.

4. The Société shall be administered by a board of directors composed of

(1)   ten members having the right to vote, appointed by the Communauté métropolitaine de Québec;

(2)  seven members appointed as observers who do not have the right to vote, including the president and general manager of the Société and six other members appointed as observers by Ville de Québec, the Société Inter-Port de Québec, the Société du Parc technologique du Québec métropolitain, the Minister of Regional Industrial Expansion of Canada, the Minister of Industry and Trade and the Minister of Research, Science and Technology, respectively.

The Communauté métropolitaine de Québec may designate a substitute for each member appointed by it. Where a member is absent or unable to act, the substitute may replace him at a meeting of the board of directors of the Société and shall, in such case, be deemed to be a member of the board.

1988, c. 32, s. 4; 1988, c. 41, s. 92; 1994, c. 16, s. 51; 1996, c. 2, s. 911; 1999, c. 8, s. 33; 1999, c. 40, s. 281; 2001, c. 25, s. 180.

5. The members of the board of directors and the members appointed as observers, except the president and general manager, shall be appointed for a maximum term of three years.

At the end of their terms, the members and the members appointed as observers shall remain in office until they are replaced or reappointed.

1988, c. 32, s. 5.

6. Any vacancy occurring during a term shall be filled as in section 4.

1988, c. 32, s. 6.

7. The members of the board of directors shall designate the chairman from among the members referred to in subparagraph 1 of the first paragraph of section 4.

1988, c. 32, s. 7.

8. The chairman shall preside over meetings of the board of directors, see to its proper management and assume all other duties assigned to him under the by-laws of the Société.

Where the chairman is absent or unable to act, the members of the board of directors shall designate one of their number to replace him.

1988, c. 32, s. 8.

9. The president and general manager of the Société shall be appointed by the members of the board of directors, after consultation with the Minister, for a maximum term of five years.

1988, c. 32, s. 9.

10. The president and general manager shall be responsible for the management of the Société within the scope of its by-laws. He shall devote his full time to his duties of office.

1988, c. 32, s. 10.

11. The board of directors shall fix the remuneration, social benefits and other conditions of employment of the president and general manager.

1988, c. 32, s. 11.

12. The quorum for meetings of the board of directors shall be a majority of its members in office.

1988, c. 32, s. 12.

13. Decisions of the board of directors shall be made by a majority of the votes cast.

1988, c. 32, s. 13; 2001, c. 25, s. 181.

14. The board of directors may adopt a by-law granting, on determined conditions, a casting vote to the chairman of the board of directors in the case of a tie-vote.

1988, c. 32, s. 14.

15. A decision of the board of directors signed by all its members has the same force as if it had been made at a meeting.

1988, c. 32, s. 15.

16. The board of directors may establish an executive committee and delegate powers to it.

1988, c. 32, s. 16.

17. The executive committee shall be composed of the president and general manager and of two other members designated by the board of directors.

1988, c. 32, s. 17; 2001, c. 25, s. 182.

18. The board of directors may adopt any by-law concerning the exercise of its powers and the internal management of the Société.

1988, c. 32, s. 18.

19. The members of the board of directors, the members appointed as observers and the members of the executive committee, except the president and general manager, shall receive no remuneration. They are, however, entitled, on the conditions and to the extent determined by the board of directors, to the reimbursement of expenses incurred in the performance of their duties.

1988, c. 32, s. 19.

20. Any member of the board of directors or any member appointed as an observer, other than the president and general manager, having a direct or indirect interest in an enterprise which places his personal interest in conflict with that of the Société shall, on pain of forfeiture of his office, disclose it in writing to the chairman of the board and abstain from taking part in any deliberation or voting on any decision bearing upon the enterprise in which he has an interest.

On pain of forfeiture of office, the president and general manager and the staff members of the Société shall not have any direct or indirect interest in an enterprise placing their personal interest in conflict with that of the Société. However, forfeiture is not incurred if such an interest devolves to them by succession or gift, provided they renounce or dispose of it with diligence.

1988, c. 32, s. 20.

21. No member of the board of directors nor any member appointed as an observer may be prosecuted by reason of acts performed in good faith in performing his duties.

1988, c. 32, s. 21.

DIVISION II OBJECTS AND POWERS OF THE SOCIÉTÉ

22. The object of the Société shall consist in promoting, at the national and international levels, the economic development of the territory described in section 2.

1988, c. 32, s. 22.

23. To achieve its object, the Société may, among other activities,

(1)  promote the establishment of enterprises and new investments within its territory and further the realization of projects having significant economic impact;

(2)  promote the goods and services produced within its territory on markets outside its territory;

(3)  establish relations with agencies engaged in the economic development of its territory;

(4)  set up concerted action groups for various sectors with a view to establishing priorities for intervention;

(5)  inform the population on the importance of economic promotion for the territory of the Société.

1988, c. 32, s. 23.

DIVISION III FINANCIAL PROVISIONS AND REPORTS

24. The fiscal year of the Société ends on 31 December each year.

1988, c. 32, s. 24.

25. For the purposes of the exercise of its powers, the Société may solicit and receive gifts, legacies, subsidies or any other contributions.

1988, c. 32, s. 25.

26. Until 31 March 1993, the Société shall receive, for its operation, the contributions provided for under the provisions of the Entente auxiliaire Canada-Québec sur la Société Inter-Port de Québec.

1988, c. 32, s. 26.

27. The budget estimates of the Société must show revenues at least equal to its expenditures.

1988, c. 32, s. 27.

28. The sums shown as revenues in the budget estimates which are not otherwise provided for shall constitute the contribution of the Communauté métropolitaine de Québec.

1988, c. 32, s. 28; 1991, c. 32, s. 257; 1999, c. 40, s. 281; 2001, c. 25, s. 183.

29. Before 15 September each year, the Société must submit its budget estimates for the next fiscal year to the Communauté métropolitaine de Québec.

The budget estimates must be approved by the Community not later than 31 October.

If, on 15 December, the budget estimates of the Société have not been approved by the Community, the budget estimates for the preceding fiscal year shall be renewed.

1988, c. 32, s. 29; 2001, c. 25, s. 184.

30. The Communauté métropolitaine de Québec shall pay its contribution to the Société within 30 days of the beginning of its fiscal year or at any other date and according to such terms and conditions as may be determined by the board of directors after consultation with the Communauté métropolitaine de Québec.

1988, c. 32, s. 30; 2001, c. 25, s. 185.

31. Any surplus or deficit for a fiscal year constitutes, as the case may be, revenues or expenditures for the next fiscal year.

1988, c. 32, s. 31.

32. Not later than 1 May each year, the Société must submit a report of its activities and a copy of its audited financial statements to the Communauté métropolitaine de Québec.

1988, c. 32, s. 32; 2001, c. 25, s. 186.

33. The books and accounts of the Société shall be audited each year.

1988, c. 32, s. 33.

34. Before 1 September each year, the Société shall transmit its orientations and the means of action envisaged for the next fiscal year to the Communauté métropolitaine de Québec.

1988, c. 32, s. 34; 2001, c. 25, s. 187.

DIVISION IV TRANSITIONAL AND FINAL PROVISIONS

35. The Minister of Industry and Trade is responsible for the administration of this Act.

1988, c. 32, s. 35; 1988, c. 41, s. 92; 1994, c. 16, s. 51; 1999, c. 8, s. 20.

36. The first president and general manager of the Société shall be appointed by the Minister after consultation with the board of directors.

1988, c. 32, s. 36.

37. (Amendment integrated into c. S-16.01, Title).

1988, c. 32, s. 37.

38. (Amendment integrated into c. S-16.01, s. 1).

1988, c. 32, s. 38.

39. (Amendment integrated into c. S-16.01, s. 2).

1988, c. 32, s. 39.

40. (Amendment integrated into c. S-16.01, s. 3).

1988, c. 32, s. 40.

41. (Amendment integrated into c. S-16.01, s. 4).

1988, c. 32, s. 41.

42. (Amendment integrated into c. S-16.01, s. 5).

1988, c. 32, s. 42.

43. (Amendment integrated into c. S-16.01, s. 7).

1988, c. 32, s. 43.

44. (Omitted).

1988, c. 32, s. 44.

45. (Omitted).

1988, c. 32, s. 45.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 32 of the statutes of 1988, in force on 1 March 1989, is repealed, except section 45, effective from the coming into force of chapter S-11.04 of the Revised Statutes.