S-16.001 - Act respecting the Société du parc industriel et portuaire de Bécancour

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chapter S-16.001
Act respecting the Société du parc industriel et portuaire de Bécancour
SOCIÉTÉ DU PARC INDUSTRIEL ET PORTUAIRE DE BÉCANCOUROctober 25 1990October 25 1990
CHAPTER I
ESTABLISHMENT AND ORGANIZATION
1. The “Société du parc industriel et portuaire de Bécancour” is hereby constituted.
1990, c. 42, s. 1; 1999, c. 40, s. 290.
2. The Société is a legal person.
1990, c. 42, s. 2; 1999, c. 40, s. 290.
3. The head office of the Société shall be in the territory of Ville de Bécancour, at the place determined by the Government. A notice of the location or any change of location of the head office shall be published in the Gazette officielle du Québec.
The Société may hold its sittings anywhere in Québec.
1990, c. 42, s. 3; 1996, c. 2, s. 922.
4. The Société is a mandatary of the State.
The property of the Société forms part of the domain of the State, but the performance of its obligations may be levied against its property.
The Société binds only itself when it acts in its own name.
1990, c. 42, s. 4; 1999, c. 40, s. 290.
5. The Société is administered by a board of directors composed of seven members appointed by the Government for a term not exceeding three years.
In addition, the board of directors must include two observers designated respectively by the Minister and the Minister of Transport. The observers participate in board meetings but do not have the right to vote.
1990, c. 42, s. 5; 2019, c. 292019, c. 29, s. 49.
6. The Government shall appoint a chairman from among the members of the board of directors.
The chairman of the board shall preside over the meetings of the board of directors and oversee its operation. He shall assume any other duties assigned to him by by-law of the Société.
1990, c. 42, s. 6.
7. The members of the board of directors shall elect a vice-chairman from among themselves; the vice-chairman shall perform the duties of the chairman if he is absent or unable to act.
1990, c. 42, s. 7.
8. The members of the board of directors shall remain in office at the end of their terms until they are replaced or reappointed.
Any vacancy occurring before the end of a term of office shall be filled by appointment for a specified term, as provided for in section 5.
Failure to attend meetings of the board of directors on the number of occasions and in the cases and circumstances determined in the internal management by-laws of the Société, constitutes a vacancy.
1990, c. 42, s. 8.
9. A majority of the members constitutes a quorum at meetings of the board of directors.
1990, c. 42, s. 9.
10. A decision of the board of directors signed by all its members has the same force as if it had been made at a regular meeting.
1990, c. 42, s. 10.
11. On the recommendation of the board of directors, the Government shall appoint the president and general manager taking into account the expertise and experience profile approved by the board. The president and general manager is appointed for a term not exceeding five years; he shall exercise his duties full time. He shall see that the decisions of the board of directors are implemented and he is responsible for the administration and management of the Société within the scope of its by-laws and policies.
If the president and general manager is absent or unable to act, the board of directors may designate a person with management responsibilities who reports directly to the president and general manager to exercise the functions of that position.
1990, c. 42, s. 11; 2019, c. 292019, c. 29, s. 50.
12. The Government shall fix the remuneration and social benefits of the president and general manager and shall determine the other conditions attached to his office.
1990, c. 42, s. 12.
13. The members of the board of directors are not remunerated, except in the cases, on the conditions and to the extent determined by the Government. However, they are entitled to reimbursement of expenses incurred in the performance of their duties, on the conditions and to the extent determined by the Government.
1990, c. 42, s. 13.
14. Any member of the board of directors, other than the chairman of the board, 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 office, disclose it in writing to the chairman of the board and abstain from taking part in any deliberation during which his interest is discussed and abstain from taking part in any debate or voting on any decision bearing upon the enterprise in which he has an interest.
1990, c. 42, s. 14.
15. The chairman of the board, the president and general manager and the employees of the Société shall not, on pain of forfeiture of office, 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 the interest devolves to them by succession or gift, provided they renounce or dispose of it with diligence.
1990, c. 42, s. 15.
16. The Société may, by by-law, form an executive committee, determine its duties, powers and operating rules, and fix the term of office of its members.
1990, c. 42, s. 16.
17. The employees of the Société shall be appointed in the manner and according to the staffing plan established by by-law of the Société.
Subject to the provisions of a collective agreement, the Société shall determine, by by-law, the standards and scales of remuneration, employee benefits and other conditions of employment of the members of its personnel in accordance with the conditions defined by the Government.
The second paragraph applies, with the necessary modifications, to the legal person or the partnership that is controlled by the Société.
A legal person is controlled by the Société when the Société holds, directly or through legal persons the Société controls, more than 50% of the voting rights attached to the equity securities of the legal person or when the Société can elect a majority of its directors.
A partnership is controlled by the Société when the Société holds, directly or through legal persons the Société controls, more than 50% of the equity securities. However, a limited partnership is controlled by the Société when the Société or a legal person the Société controls is the general partner of the limited partnership.
1990, c. 42, s. 17; 2000, c. 8, s. 207; 2019, c. 292019, c. 29, s. 51.
18. The Société may adopt any by-law concerning the exercise of its powers and its internal management.
1990, c. 42, s. 18; 2019, c. 292019, c. 29, s. 52.
19. The minutes of the meetings of the board of directors, approved by the board and certified by the chairman of the board or by any other person authorized to do so by the internal management by-laws of the Société, are authentic. Any copy of a document of the Société is authentic if it is certified in the same way.
1990, c. 42, s. 19.
20. No document is binding on the Société unless it is signed by the chairman of the board, the president and general manager or, in the cases determined by the Société, by one of its employees.
1990, c. 42, s. 20.
CHAPTER II
GENERAL POWERS
21. The object of the Société is to foster the economic development of Québec by developing and operating, with self-financing as an objective, an industrial park with harbour installations in the part of the territory of Ville de Bécancour described in the Schedule. To achieve its object, the Société may, in particular,
(1)  build and manage any immovable or element of infrastructure, provide any service and administer the territory required to ensure the development of its park;
(2)  carry on harbour activities;
(3)  acquire any movable property;
(4)  lease any property;
(5)  transfer its property or give it as security;
(6)  fix a rate for the use of its property and for the services it provides;
(7)  enter into a partnership or contract with any person or partnership.
1990, c. 42, s. 21; 1996, c. 2, s. 922; 1999, c. 40, s. 290.
22. The Société may acquire by agreement or, with the authorization of the Government, by expropriation,
(1)  any immovable or real right, within its territory of activity, which it deems necessary for the development and operation of the territory;
(2)  any immovable or real right, outside its territory of activity but within the territory of Ville de Bécancour, which it deems necessary for the installation of the public services serving its territory.
1990, c. 42, s. 22; 1996, c. 2, s. 922; 2019, c. 292019, c. 29, s. 53.
23. The Société, for the purpose of achieving its object, may make an agreement, according to law, with a government other than the Gouvernement du Québec or with one of its departments, with an international organization or with an agency of such a government or organization.
1990, c. 42, s. 23.
24. The Société shall also carry out any other mandate entrusted to it by the Government because of the expertise developed in carrying out its mission; the costs are then borne by the Government to the extent that the latter determines.
Where the Government so provides, the Société may delegate the carrying out of such a mandate to a business corporation that the Société establishes and all of whose shares it holds. The Government may also prescribe the rules according to which the Société must form the board of directors of such a business corporation; in case of conflict, those rules take precedence over the corporation’s statutes and by-laws. Section 4 applies to that business corporation, with the necessary modifications.
Such a mandate may be carried out outside the territory of activity of the Société.
1990, c. 42, s. 24; 2019, c. 292019, c. 29, s. 54.
CHAPTER III
FINANCIAL PROVISIONS
25. The Government may, on the terms and conditions it determines,
(1)  guarantee payment in capital and interest of any loan contracted by the Société and the performance of its other obligations;
(2)  authorize the Minister of Finance to advance to the Société any amount deemed necessary for the pursuit of its object;
(3)  grant the Société a subsidy to provide for its obligations.
The sums required for the carrying out of subparagraphs 1 and 2 of the first paragraph are taken out of the Consolidated Revenue Fund.
1990, c. 42, s. 25.
26. The Société, unless authorized by the Government, shall not
(1)  acquire, hold or transfer shares in a partnership or legal person;
(2)  contract any loan that increases its total outstanding borrowings beyond the amount determined by the Government;
(3)  enter into a contract, acquire or sell property or provide a service beyond the limits or contrary to the terms and conditions determined by the Government.
1990, c. 42, s. 26; 1999, c. 40, s. 290.
CHAPTER IV
SPECIAL POWERS
27. The Minister may, within the scope of the responsibility and powers conferred on him, issue directives concerning the objectives and orientation of the Société in carrying out the functions entrusted to it by law.
These directives must be submitted to the Government for approval. If approved, they are binding on the Société and the Société shall comply therewith.
Every directive shall be tabled in the National Assembly within 15 days after it is approved by the Government. If the Assembly is not in session, the directive shall be tabled in the Assembly within 15 days after the resumption.
1990, c. 42, s. 27.
28. Every by-law of Ville de Bécancour ordering the imposition of a property tax on immovables in the territory of activity of the Société, except in the case of a tax imposed on all taxable immovables in the territory of the town, must be approved by the Minister.
1990, c. 42, s. 28; 1996, c. 2, s. 917; 1999, c. 40, s. 290.
29. The Société is authorized to make an agreement with Ville de Bécancour concerning the application of municipal by-laws and the exercise of the powers of the town in those parts of its territory of activity which it owns.
The agreement shall also cover any part of the territory of activity subsequently alienated or acquired by the Société.
Ville de Bécancour is also authorized to make such an agreement to delegate its powers to the Société in respect of the territory covered by the agreement.
1990, c. 42, s. 29; 1996, c. 2, s. 918.
30. The Société is authorized to make an agreement with Ville de Bécancour to fix the amount of taxes payable by the Société.
The amount of taxes shall be fixed taking into account the value and use of the immovables of the Société and the tax rate in effect in the territory of the town; the amount of taxes shall not be less than that which would be payable if the immovables of the Société were all lands under cultivation.
Ville de Bécancour is also authorized to make an agreement to fix the amount of taxes payable by the Société.
1990, c. 42, s. 30; 1996, c. 2, s. 919.
31. The Société is authorized to make an agreement with Ville de Bécancour concerning the reimbursement of the Société by the town for the costs of the municipal services provided by the Société to enterprises situated in its territory of activity.
Ville de Bécancour is also authorized to make such an agreement.
1990, c. 42, s. 31; 1996, c. 2, s. 920.
32. A copy of every agreement between the Société and Ville de Bécancour shall be transmitted to the Minister and to the Minister of Municipal Affairs, Regions and Land Occupancy prior to submission of the agreement to the Government for approval.
1990, c. 42, s. 32; 1996, c. 2, s. 922; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.
33. If the Société and Ville de Bécancour cannot come to an agreement under section 29, 30 or 31, the Commission municipale du Québec, on an application of the Société but after having heard the town, may
(1)  failing an agreement under section 29, suspend the application of any municipal by-law or the exercise of any power of the town in the territory of activity of the Société, for the period determined by the Commission;
(2)  failing an agreement under section 30 or 31, decide any matter which may have been covered by such an agreement.
1990, c. 42, s. 33; 1996, c. 2, s. 921.
34. Every agreement between the Société and the town of Bécancour or, in the absence thereof, any decision of the Commission municipale du Québec shall be published in the Gazette officielle du Québec.
1990, c. 42, s. 34.
CHAPTER V
ACCOUNTS AND REPORTS
35. The fiscal year of the Société shall end on 31 March.
1990, c. 42, s. 35.
36. The Société shall, on or before 30 September each year, file its financial statements with the Minister together with a report of its activities for the preceding fiscal year.
The financial statements and report of activities shall contain all the information required by the Minister.
1990, c. 42, s. 36.
37. The Minister shall table the financial statements and report of activities in the National Assembly within 15 days after receiving them if the Assembly is in session or, if it is not sitting, within 15 days after the opening of the next session or resumption.
1990, c. 42, s. 37.
38. The books and accounts of the Société shall be audited, every year and also whenever the Government so orders, by the Auditor General or, with the approval of the Government, by an auditor designated by the Société.
The auditor’s report must be filed with the financial statements and report of activities of the Société.
1990, c. 42, s. 38.
39. The Société shall establish a development plan in such form and tenor and at such intervals as the Government determines.
The development plan shall be submitted to the Government for approval.
1990, c. 42, s. 39.
40. (Repealed).
1990, c. 42, s. 40; 2020, c. 52020, c. 5, s. 147.
41. The Société shall provide the Minister with any information he requires concerning its activities.
1990, c. 42, s. 41.
CHAPTER VI
MISCELLANEOUS AND TRANSITIONAL PROVISIONS
42. (Omitted).
1990, c. 42, s. 42.
43. The Société acquires the rights and shall assume the obligations of the Société du parc industriel du centre du Québec.
1990, c. 42, s. 43.
43.1. The Société is declared to be the sole owner of the immovables comprised in the territory described in Schedule I which are owned by the Société on 7 December 1995 and
(1)  were acquired by the Société du parc industriel du centre du Québec before 15 May 1971 and are not referred to in section 26a of the Central Québec Industrial Park Corporation Act (1968, chapter 60) enacted by section 5 of chapter 63 of the statutes of 1971; or
(2)  were acquired by the Société or by the Société du parc industriel du centre du Québec, as the case may be, on or after 15 May 1971.
Every real right that may have subsisted upon those immovables on 7 December 1995 is extinguished, unless it was granted by the Société or the Société du parc industriel du centre du Québec.
1995, c. 57, s. 1.
43.2. The Société or the Société du parc industriel du centre du Québec, as the case may be, is also declared to have been, on the date of alienation, the sole owner of the immovables now comprised in the territory described in Schedule I, alienated by the Société or the Société du parc industriel du centre du Québec between 17 April 1970 and 7 December 1995 and which:
(1)  had been acquired by the Société du parc industriel du centre du Québec before 15 May 1971 and were not referred to in section 26a of the Central Québec Industrial Park Corporation Act (1968, chapter 60) enacted by section 5 of chapter 63 of the statutes of 1971; or
(2)  had been acquired by the Société or by the Société du parc industriel du centre du Québec, as the case may be, on or after 15 May 1971.
Every real right that may have subsisted upon those immovables is extinguished from the date of their respective alienations, unless it was granted by the Société or the Société du parc industriel du centre du Québec.
1995, c. 57, s. 1.
43.3. Any person who, but for sections 43.1 and 43.2, would have been entitled to claim before the courts any real right on all or part of the immovables referred to in those sections shall henceforth have a personal claim against the Société for an amount equal to the value of the real right, calculated on 7 December 1995. Such a personal claim is prescribed on the date occurring 10 years after 7 December 1995.
1995, c. 57, s. 1.
44. The members and the general manager of the Société du parc industriel du centre du Québec in office on 24 October 1990 become the members of the board of directors and the president and general manager of the Société, respectively, until the expiry of their terms or until they are replaced or reappointed in accordance with this Act.
1990, c. 42, s. 44.
45. All records and other documents of the Ministère de l’Industrie, du Commerce, de la Science et de la Technologie which relate to the administrative unit “Société du parc industriel du centre du Québec” become on 25 October 1990 the records and documents of the Société, except where the Government decides otherwise.
1990, c. 42, s. 45; 1994, c. 16, s. 51.
46. Every agreement approved pursuant to section 24 or section 25 of the Act respecting the Société du parc industriel du centre du Québec (chapter S-15) continues to have effect until it is replaced by an agreement made under this Act.
1990, c. 42, s. 46.
47. Proceedings to which the Société du parc industriel du centre du Québec is a party are continued by the Société without continuance of suit.
1990, c. 42, s. 47.
48. The Act respecting duties on transfers of immovables (chapter D-15.1) does not apply to transfers under section 43.
1990, c. 42, s. 48; 1991, c. 32, s. 273.
49. Every employee of the Société may apply for a transfer to a position in the public service or enter a promotion-only qualification process in accordance with the Public Service Act (chapter F-3.1.1) if, on 24 October 1990, he was a public servant with permanent tenure in the administrative unit “Société du parc industriel du centre du Québec” of the Ministère de l’Industrie, du Commerce, de la Science et de la Technologie.
1990, c. 42, s. 49; 1994, c. 16, s. 51; 2013, c. 25, s. 34.
50. Section 35 of the Public Service Act (chapter F-3.1.1) applies to an employee referred to in section 49 who enters a promotion-only qualification process for a position in the public service.
1990, c. 42, s. 50; 2013, c. 25, s. 34.
51. Where an employee referred to in section 49 applies for a transfer or enters a promotion-only qualification process, he may require the chairman of the Conseil du trésor to give him an assessment of the classification that would be assigned to him in the public service. The assessment must take account of the classification of the employee on the date he left the public service as well as the years of experience and formal training acquired since he has been in the employ of the Société.
Where an employee is transferred pursuant to section 49, the deputy minister or chief executive officer shall assign him a classification consistent with the assessment referred to in the first paragraph.
Where an employee is promoted pursuant to section 49, his new classification shall take account of the criteria set out in the first paragraph.
1990, c. 42, s. 51; 1996, c. 35, s. 19; 2013, c. 25, s. 34.
52. If some or all of the activities of the Société are discontinued or if there is a lack of work, an employee referred to in section 49 is entitled to be placed on reserve in the public service with the classification he had on the date he left the public service.
Where appropriate, the chairman of the Conseil du trésor shall establish his classification taking account of the criteria set out in the first paragraph of section 51.
1990, c. 42, s. 52; 1996, c. 35, s. 19.
53. An employee placed on reserve pursuant to section 52 shall remain with the Société until the chairman of the Conseil du trésor is able to assign him a position.
1990, c. 42, s. 53; 1996, c. 35, s. 19.
54. Subject to any remedy available under a collective agreement, an employee referred to in section 49 who is dismissed may bring an appeal under section 33 of the Public Service Act (chapter F-3.1.1).
1990, c. 42, s. 54.
55. The associations of employees certified in accordance with Chapter IV of the Public Service Act (chapter F-3.1.1) representing groups of employees of the Ministère de l’Industrie, du Commerce, de la Science et de la Technologie on 24 October 1990 continue to represent those employees within the Société until the expiry of the collective agreements in force on the said date.
The associations of employees referred to in the first paragraph shall also represent the future employees of the Société, according to the groups to which they belong, until the expiry of the collective agreements referred to in the said paragraph.
The provisions of the collective agreements apply to the employees of the Société, to the extent that they are applicable, until the expiry of the agreements. However, the provisions dealing with job security do not apply to the employees referred to in the second paragraph.
1990, c. 42, s. 55; 1994, c. 16, s. 51.
56. (Amendment integrated into c. R-10, Schedule I).
1990, c. 42, s. 56.
57. (Amendment integrated into c. R-10, Schedule III).
1990, c. 42, s. 57.
58. (Amendment integrated into c. R-12, Schedule I).
1990, c. 42, s. 58.
59. (Amendment integrated into c. R-12, Schedule II).
1990, c. 42, s. 59.
60. (Amendment integrated into c. R-12, Schedule III).
1990, c. 42, s. 60.
61. (Amendment integrated into c. R-12, Schedule IV).
1990, c. 42, s. 61.
62. The appropriations granted for the fiscal year 1990-91 to the Ministère de l’Industrie, du Commerce, de la Science et de la Technologie in respect of the administrative unit “Société du parc industriel du centre du Québec” are transferred to the Société to the extent determined by the Government.
1990, c. 42, s. 62; 1994, c. 16, s. 51.
63. The Minister of Economy and Innovation is responsible for the administration of this Act.
1990, c. 42, s. 63; 1994, c. 16, s. 51; 1999, c. 8, s. 20; 2003, c. 29, s. 135; 2006, c. 8, s. 31; 2019, c. 29, s. 1.
64. (Omitted).
1990, c. 42, s. 64.

TERRITORY OF ACTIVITY OF THE SOCIÉTÉ

A territory included in the territory of Ville de Bécancour, comprising, with reference to the official cadastres for the parishes of Sainte-Angèle-de-Laval, Notre-Dame-de-la-Nativité-de-Bécancour, Saint-Édouard-de-Gentilly and Sainte-Gertrude, the blocks, lots or parts of lots and their present and future subdivisions, and the roads, highways, island, watercourses or parts thereof, the whole comprised within the following limits, namely:
Starting from the northern corner of lot 879-6 of the cadastre for the parish of Saint-Édouard-de-Gentilly; thence, successively, the following lines and demarcations: the northeastern limit of lots 879-6, 879-2, 879-3, 879-4, 879-5 and 224 of the cadastre for the parish of Saint-Édouard-de-Gentilly to the northwestern line of the right of way of autoroute 30; the northwestern line of the right of way of autoroute 30 easterly to the centre of the Gentilly river; the centre of the Gentilly river to the centre of the southwestern branch of the Gentilly river; the centre of the southwestern branch of the Gentilly river to the southeastern limit of lot 98 of the cadastre for the parish of Sainte-Gertrude; thence, southwesterly along the centre of a stream to the southwestern limit of lot 365 of the cadastre for the parish of Notre-Dame-de-la-Nativité-de-Bécancour; with reference to the latter cadastre, the southwestern limit of lots 365 and 353 and its extension across Louis Riel road to the northwestern line of the right of way of the said road; the northwestern line of the right of way of the said road to the southwestern limit of lot 200; the southwestern limit of lot 200 and its extension across de l’Église road to the northwestern line of the right of way of the said road; the northwestern line of the right of way of the said road to the extension of the southwestern limit of lot 145; the southwestern limit of lot 145 and its extension to the intersection of the extension of the northwestern limit of lot 531; the said extension and northwestern limit of lot 531 to the southwestern limit of lot 529; the southwestern limit of lot 529 of the said cadastre and the southwestern limit of lot 9 of the cadastre for the parish of Sainte-Angèle-de-Laval and its extension northwesterly to the centre of the St. Lawrence river; the centre of the St. Lawrence river northeasterly, passing north of block 2 of the cadastre for the parish of Saint-Édouard-de-Gentilly and continuing until the intersection of northwesterly extension of the southwestern limit of lot 280 of the latter cadastre; the extension of the southwestern limit of lot 280 to the intersection of the shore of the St. Lawrence river; finally, the shore of the St. Lawrence river southwesterly to the starting point.
1990, c. 42, Schedule I; 1996, c. 2, s. 922.
REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 42 of the statutes of 1990, in force on 1 March 1991, is repealed, except section 64, effective from the coming into force of chapter S-16.001 of the Revised Statutes.