S-16.01 - Act respecting the Société du parc industriel et portuaire Québec-Sud

Updated to 8 June 1999

This document has official status.

chapter S-16.01

Act respecting the Société du parc industriel et portuaire Québec-Sud

This Act was formerly entitled “An Act respecting the Société Inter-Port de Québec”. The title was replaced by section 37 of chapter 32 of the statutes of 1988.

1988, c. 32, s. 37.

DIVISION I DEFINITIONS

1. In this Act, unless the context indicates a different meaning, the following terms mean:

(a)  “Canadian Minister” : the Minister of Regional Industrial Expansion of Canada;

(b)  “Québec Minister” : the Minister of Industry and Trade;

(c)  “Société” : the Société du parc industriel et portuaire Québec-Sud incorporated by section 2.

1974, c. 57, s. 1; 1979, c. 77, s. 27; S. C. 1980-81-82-83, c. 167, s. 31; 1984, c. 36, s. 44; 1988, c. 32, s. 38; 1988, c. 41, s. 89; 1994, c. 16, s. 51; 1999, c. 8, s. 20.

DIVISION II INCORPORATION OF THE SOCIÉTÉ

2. A joint-stock company is hereby incorporated under the name of “Société du parc industriel et portuaire Québec-Sud”.

1974, c. 57, s. 2; 1988, c. 32, s. 39.

3. The head office of the Société is situated within the territory of Ville de Lévis.

1974, c. 57, s. 3; 1988, c. 32, s. 40; 1996, c. 2, s. 923.

4. The objects of the Société are:

(1)  to further the development of an industrial park with harbour installations, within the territory of Ville de Lévis, designed for major industrial projects;

(2)  to manage the park contemplated in paragraph 1;

(3)  to acquire, sell or exchange parcels of land situated within the territory of Ville de Lévis.

1974, c. 57, s. 4; 1988, c. 32, s. 41; 1996, c. 2, s. 923.

5. The Société may, to carry out its objects, expropriate, with the approval of the Government, any immovable or other real right situated within the territory of Ville de Lévis, even an immovable not susceptible of expropriation under a general law or special Act.

1974, c. 57, s. 5; 1988, c. 32, s. 42; 1996, c. 2, s. 923.

6. For the carrying out of the objects of the Société, the Minister designated by the Government may, with the authorization of the Government, make with the Government of Canada or the government of any other province or bodies of such governments or with the Canadian Minister any agreement considered expedient.

1974, c. 57, s. 6; 1992, c. 24, s. 8; 1997, c. 91, s. 56.

DIVISION III BOARD OF DIRECTORS AND STAFF

7. The board of directors of the Société shall consist of five members who are the directors of the Société within the meaning of the Companies Act (chapter C-38).

The members of the board of directors shall receive no remuneration, except in the cases, on the conditions and to the extent agreed upon jointly by the Ministers. The members are, however, entitled to the reimbursement of expenses incurred in the performance of their duties, subject to such conditions and to such extent as may be determined by the board of directors.

1974, c. 57, s. 7; 1988, c. 32, s. 43.

8. No person shall hold office as director unless he is a Canadian citizen.

Section 179 of the Companies Act does not apply to the directors.

1974, c. 57, s. 8.

9. A member of the board of directors of the Société or member of the staff shall not, under pain of forfeiture of office, have a direct or indirect interest in an undertaking putting his personal interest in conflict with that of the Société. However, such forfeiture shall not be incurred if such interest devolves to him by succession or gift provided that he renounces or disposes of it with all possible dispatch.

1974, c. 57, s. 9.

10. The employees of the Société are appointed according to the staff requirements and in accordance with the method of appointment established jointly by the Ministers.

Remuneration and the other conditions of employment of the employees are also fixed jointly by the Ministers, subject to the provisions of a collective labour agreement.

1974, c. 57, s. 10.

DIVISION IV FINANCING AND REPORT

11. The authorized capital of the Société is $1 000.

It is divided into 1 000 common shares of a par value of $1 each.

Sixty per cent of such shares are reserved for the Gouvernement du Québec and forty per cent for the Government of Canada.

1974, c. 57, s. 11; 1977, c. 5, s. 14.

12. The Minister of Finance is authorized to subscribe, in the name of the Gouvernement du Québec, $600 payable out of the consolidated revenue fund for 600 common shares of the Société.

The Minister of Finance is also authorized to buy, at par value, the shares of the Société held by the Government of Canada upon receipt of a notice from the Canadian Minister indicating the intention of the Government of Canada to withdraw its participation in the Société.

1974, c. 57, s. 12; 1977, c. 5, s. 14.

13. The shares held by the Gouvernement du Québec are registered in the name of the Québec Minister who, in his capacity, shall exercise all the rights attached to such shares.

1974, c. 57, s. 13; 1977, c. 5, s. 14.

14. The Government may, on the conditions it determines:

(a)  guarantee payment in capital and interest of any loan contracted by the Société and the carrying out of any obligation of the Société;

(b)  authorize the Minister of Finance to advance to the Société any amount considered necessary for the operations of the Société at the rate of interest, for the time and on the other conditions determined by the Government.

The amounts that the Government may be called on to pay under such guarantees or to advance to the Société are taken out of the consolidated revenue fund.

1974, c. 57, s. 14; 1977, c. 5, s. 14.

15. The fiscal year of the Société ends on 31 March each year.

1974, c. 57, s. 15.

16. The Société shall, not later than 30 June each year, submit a report of its activities for its previous fiscal year, with its estimated budget for the two ensuing years, to the Canadian Minister and to the Québec Minister.

Such report must also contain all the information that either of the two Ministers prescribes.

Such report must be laid before the National Assembly if in session, or, if not, within thirty days after the opening of the next session.

1974, c. 57, s. 16.

17. The accounts of the Société shall be audited by the Auditor General whenever the Government so orders.

1974, c. 57, s. 17.

18. Nothing in this act and more particularly in section 5 shall affect the Cultural Property Act (chapter B-4) or be deemed to be inconsistent with any of its provisions; the Cultural Property Act shall prevail over this act.

1974, c. 57, s. 18.

19. The sums required for the application of this act shall be taken from the agreements contemplated in section 6 or failing such, out of the moneys voted annually for that purpose by Parliament.

1974, c. 57, s. 19 (part).

20. The Minister of Industry and Trade is entrusted with the application of this Act.

1974, c. 57, s. 20; 1979, c. 77, s. 27; 1984, c. 36, s. 44; 1988, c. 41, s. 89; 1994, c. 16, s. 51; 1999, c. 8, s. 20.

DIVISION V

This Division ceased to have effect on 17 April 1987.

21. (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.

SCHEDULE

(Repealed).

1974, c. 57, Schedule; 1977, c. 5, s. 14; 1988, c. 32, s. 44.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter S-18 of the Revised Statutes, in force on 1 March 1989, is repealed, effective from the coming into force of chapter S-16.01 of the Revised Statutes.