A-29.011 - Act respecting parental insurance

Full text
chapter A-29.011
Act respecting parental insurance
PARENTAL INSURANCEMay 30 2001January 10 2005
Not in force
6. The Conseil de gestion shall fix annually by regulation the rate of assessment applicable to employees, employers and self-employed workers.
The regulation comes into force on 1 January of the year following the date of its publication in the Gazette officielle du Québec or on any other date not prior to its publication.
2001, c. 9, s. 6.
Not in force
30. The debtor must repay any amount owed within the time and in accordance with the terms and conditions determined in a regulation of the Conseil de gestion, unless the debtor and the Board agree otherwise.
The Board may make deductions from any benefit payment that becomes payable to the debtor.
Any refund owed to the debtor by the Minister of Revenue may, pursuant to section 31 of the Act respecting the Ministère du Revenu (chapter M‐31), be allocated to the payment of any amount owed to the Board by the debtor.
A deduction or allocation under this section interrupts prescription.
2001, c. 9, s. 30.
CHAPTER V
ADMINISTRATION
82. The Conseil de gestion or the Board may enter into an agreement with any person, association, partnership or body, and with the Government, a government department or a government body.
Either may also, subject to the applicable legislative provisions, enter into an agreement with a government in Canada or elsewhere, a department or agency of such a government, an international organization or an agency of such an organization.
2001, c. 9, s. 82.
84. Subject to the second paragraph, the Minister may make an agreement with a department or body of the Government or, subject to the applicable legislative provisions, of the Government of Canada or the government of another province or a territory or with a person, provided their names appear in a list drawn up by the Government and published in the Gazette officielle du Québec, to gather or communicate nominative information required for the purposes of this Act and the regulations, in particular,
(1)  to establish a person’s entitlement to benefits under this Act and to determine the amount to be paid;
(2)  to identify, by means including file-matching, a situation not declared by a person that could affect the benefits granted or to be granted the person under this Act;
(3)  to check the solvency of a person who is required to repay an amount under Division IV of Chapter II or identify the person’s place of residence.
The Minister may also make an agreement with such entities as the Department of Human Resources and Skills Development of Canada, the Canada Revenue Agency and the following departments and bodies of the Government: the Ministère du Revenu, the Registrar of Civil Status, the Commission de la santé et de la sécurité du travail, the Régie de l’assurance maladie du Québec and the Société de l’assurance automobile du Québec.
For the purpose of identifying persons for the purposes of an agreement mentioned in this section, the Minister may communicate each person’s name, date of birth, sex, address, social insurance number and file number, the name and date of birth of the child and the name, date of birth and social insurance number of the spouse of the child’s parent. The department, body or person receiving the information must destroy it as soon as the purpose for which it was communicated has been fulfilled.
The information must be exchanged in accordance with the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).
2001, c. 9, s. 84; 2005, c. 13, s. 48.
85. The Conseil de gestion or the Board, as the case may be, may delegate any power under this Act to a member of its board of directors, to a member of its personnel or to a committee, established by it, composed of persons to whom it may delegate such powers.
Either may also, in the instrument of delegation, authorize the subdelegation of the delegated powers. In such case, the Conseil de gestion or the Board shall designate the member of the board of directors or the personnel member to whom such powers may be subdelegated.
The instrument of delegation shall be published in the Gazette officielle du Québec.
2001, c. 9, s. 85.
88. In addition to its other regulatory powers under this Act, the Conseil de gestion may make regulations
(1)  determining the procedure and time limits for making an application to the Minister and an application on behalf of a person who is deceased or unable to manage his or her affairs;
(2)  defining the term “week”;
(3)  prescribing the cases and the manner in which a person’s benefits are reduced to take account of income replacement indemnities or other benefits mentioned in the regulation that are payable to the person under another Act and of the person’s work income within the meaning of section 43 during the period in which the person receives benefits;
(4)  establishing the manner of determining the date on which a claim is made;
(5)  prescribing the cases in which the number of weeks of parental or adoption benefits may be increased, and the rate of benefits for those weeks;
(6)  determining any other measure necessary for the application of this Act, except Chapter IV.
The regulations of the Conseil de gestion require the approval of the Government; the Government may approve them with or without amendment.
If the Conseil de gestion fails to make a regulation within a period the Government considers reasonable, the Government may make the regulation. Such a regulation is deemed to be a regulation of the Conseil de gestion.
2001, c. 9, s. 88; 2005, c. 13, s. 50.
CHAPTER VI
CONSEIL DE GESTION DE L’ASSURANCE PARENTALE
DIVISION I
ESTABLISHMENT AND FUNCTIONS
89. The “Conseil de gestion de l’assurance parentale” is hereby established.
The Conseil de gestion is a legal person.
2001, c. 9, s. 89; 2005, c. 13, s. 52.
90. The property in the possession of the Conseil de gestion on 16 June 2005 belongs to it, except the property transferred to the Parental Insurance Fund.
The Conseil de gestion binds none but itself when it acts in its own name.
2001, c. 9, s. 90; 2005, c. 13, s. 53.
91. The Conseil de gestion shall manage the parental insurance plan.
The functions of the Conseil de gestion shall be, in particular,
(1)  to ensure the funding of the parental insurance plan;
In force: 2006-01-01
(2)  to ensure the payment of the benefits payable under the plan;
(2.1)  to administer the Parental Insurance Fund as trustee;
(3)  to carry out any mandate entrusted to it by the Government.
2001, c. 9, s. 91; 2005, c. 13, s. 54.
91.1. The Conseil de gestion may conduct or commission research or studies in any field covered by this Act.
2005, c. 13, s. 55.
92. The Conseil de gestion shall advise the Minister on any matter within its jurisdiction referred to it by the Minister and on any matter relating to this Act. The advice of the Conseil de gestion may be accompanied with recommendations.
2001, c. 9, s. 92.
DIVISION II
ORGANIZATION AND OPERATION
93. The head office of the Conseil de gestion shall be located in the territory of Ville de Québec. Notice of the location or any change of location of the head office shall be published in the Gazette officielle du Québec.
2001, c. 9, s. 93; 2005, c. 13, s. 56.
94. The affairs of the Conseil de gestion shall be administered by a board of directors composed of the following members appointed by the Government:
(1)  a president and director general;
(2)  three members chosen from among employers, after consultation with the bodies representing employers;
(3)  two members chosen from among workers, after consultation with the labour unions representing workers;
(3.1)  a member who is a non-union worker, after consultation with bodies representing non-union workers and bodies representing women; and
(4)  a member representing workers who derive their income from a business;
(5)  (subparagraph repealed).
The Deputy Minister of Employment and Social Solidarity or the Deputy Minister’s representative are, by virtue of office, members of the board of directors.
2001, c. 9, s. 94; 2005, c. 13, s. 57.
95. The Government shall designate the chair of the board from among the board members. The chair shall call and preside at meetings of the board and see to its proper operation. The chair shall, in addition, exercise any other functions assigned to the chair by the board.
The members of the board of directors shall designate a vice-chair from among their number. The vice-chair shall exercise the functions of the chair when the chair is absent or unable to act.
2001, c. 9, s. 95.
96. The president and director general is responsible for the administration and direction of the Conseil de gestion within the scope of its regulations and policies. The office of president and director general is a full-time position.
2001, c. 9, s. 96.
97. The term of office of the members of the board of directors shall not exceed three years, except that of the president and director general which shall not exceed five years.
At the expiry of their term, the members of the board of directors shall remain in office until replaced or reappointed.
2001, c. 9, s. 97.
98. Vacancies on the board of directors shall be filled in accordance with the rules governing appointments set out in section 94, for the unexpired portion of the term of the member to be replaced.
Absence from the number of board meetings determined in the internal by-laws of the Conseil de gestion, in the cases and circumstances specified therein, constitutes a vacancy.
2001, c. 9, s. 98.
99. The Government shall determine the remuneration, employment benefits and other conditions of employment of the president and director general.
The other board members shall receive no remuneration except in the cases, on the conditions and to the extent determined by the Government. They are, however, entitled to the reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.
2001, c. 9, s. 99.
100. The quorum of the board of directors is the majority of its members, including the chair.
In the case of a tie-vote, the chair has a casting vote.
2001, c. 9, s. 100.
101. The members of the board may waive notice of a meeting of the board. The attendance of a member at a meeting of the board constitutes a waiver of notice, unless the member is present to contest the legality of the calling of the meeting.
2001, c. 9, s. 101.
102. The members of the board may, if they all agree, take part in a meeting using means which allow them to communicate with each other orally, such as the telephone. They are, in that case, deemed to have attended the meeting.
2001, c. 9, s. 102.
103. A written resolution, signed by all the members entitled to vote, has the same value as if it had been adopted at a meeting of the board of directors.
A copy of the resolutions shall be kept with the minutes of the proceedings or the equivalent.
2001, c. 9, s. 103.
104. The minutes of a meeting of the board, approved by the board and certified by the president and director general or any other person so authorized by the Conseil de gestion, are authentic, as are documents and copies emanating from the Conseil de gestion or forming part of its records if signed or certified by any such person.
2001, c. 9, s. 104.
105. No document binds the Conseil de gestion or may be attributed to it unless it is signed by the president and director general or, to the extent determined in the internal by-laws of the Conseil de gestion, by a member of the board of directors or a member of the personnel.
2001, c. 9, s. 105; 2005, c. 13, s. 58.
106. An intelligible print-out of a decision or of any other data stored by the Conseil de gestion in computerized or other electronic form is a document of the Conseil and constitutes proof of its contents if certified by a person referred to in section 105.
2001, c. 9, s. 106.
107. The internal by-laws of the Conseil de gestion may allow, subject to the conditions and on the documents specified therein, that a signature be affixed by means of an automatic device, that a signature be electronic, or that a facsimile of a signature be engraved, lithographed or printed. However, the facsimile shall have the same force as the signature itself only if the document is countersigned by a person referred to in section 105.
The by-laws may, however, for the documents they specify, prescribe that the facsimile has the same force as the signature itself, even though the document is not countersigned.
2001, c. 9, s. 107.
108. The internal by-laws of the Conseil de gestion require the approval of the Government.
2001, c. 9, s. 108.
109. The employees of the Conseil de gestion shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).
2001, c. 9, s. 109.
110. No member of the board of directors and no employee of the Conseil de gestion may be prosecuted by reason of official acts accomplished in good faith in the exercise of their functions.
2001, c. 9, s. 110.
DIVISION II.1
STRATEGIC PLAN
2005, c. 13, s. 59.
110.1. The Conseil de gestion shall adopt a strategic plan covering a period of more than one year.
2005, c. 13, s. 59.
110.2. The strategic plan must state
(1)  the mission of the Conseil de gestion;
(2)  the context in which the Conseil de gestion acts and the main challenges it faces;
(3)  the strategic directions, objectives and lines of intervention selected;
(4)  the results targeted by the end of the period covered by the plan;
(5)  the performance indicators to be used in measuring results.
2005, c. 13, s. 59.
110.3. The Conseil de gestion shall transmit the strategic plan to the Minister, who shall lay it before the National Assembly.
2005, c. 13, s. 59.
DIVISION III
FINANCIAL PROVISIONS
111. The Conseil de gestion shall ensure the funding of the parental insurance plan, in particular, out of
In force: 2006-01-01
(1)  the sums received from the Minister of Revenue pursuant to section 75;
(2)  the sums received from the Minister of Employment and Social Solidarity out of the appropriations granted for that purpose by Parliament;
(3)  the sums advanced to the Conseil de gestion by the Minister of Finance;
(4)  the sums borrowed by the Conseil de gestion from the Minister of Finance and taken out of the financing fund of the Ministère des Finances;
(5)  the other sums borrowed by the Conseil de gestion; and
(6)  any other sum received by the Conseil de gestion.
2001, c. 9, s. 111; 2005, c. 13, s. 60.
112. (Repealed).
2001, c. 9, s. 112; 2005, c. 13, s. 61.
113. The Conseil de gestion may not, without the authorization of the Government,
(1)  contract a loan that causes the total of its current outstanding loans to exceed the amount determined by the Government ;
(2)  make a financial commitment in excess of the limits or in contravention of the terms and conditions determined by the Government ;
(3)  accept a gift or legacy to which a charge or condition is attached.
2001, c. 9, s. 113.
114. The Government may, subject to terms and conditions it determines,
(1)  guarantee the payment of the capital of and interest on any loan contracted by the Conseil de gestion and the performance of its obligations ;
(2)  authorize the Minister of Finance to advance to the Conseil de gestion any amount considered necessary to meet its obligations or for the exercise of its functions and powers.
The sums required for the purposes of this section shall be taken out of the Consolidated Revenue Fund.
2001, c. 9, s. 114.
115. The sums at the disposal of the Conseil de gestion shall be used exclusively for the purposes of this Act and the payment of the obligations of the Conseil de gestion.
The surplus, if any, may be allocated to reducing premiums or increasing benefits.
2001, c. 9, s. 115; 2005, c. 13, s. 62.
DIVISION III.1
PARENTAL INSURANCE FUND
2005, c. 13, s. 63.
115.1. The Parental Insurance Fund is hereby established as a social trust patrimony.
2005, c. 13, s. 63.
115.2. The Conseil de gestion shall transfer to the Parental Insurance Fund the sums in its possession on 16 June 2005, including its securities deposited with the Caisse de dépôt et placement du Québec, except sums kept on deposit by the Conseil otherwise than in a fiduciary capacity.
2005, c. 13, s. 63.
115.3. The debts of the Conseil de gestion as at 16 June 2005, except the sums owed otherwise than in a fiduciary capacity shall be borne by the Parental Insurance Fund.
2005, c. 13, s. 63.
115.4. The Parental Insurance Fund is dedicated to
(1)  the payment of benefits under this Act; and
(2)  the payment of the obligations of the Conseil de gestion in the exercise of its fiduciary functions.
2005, c. 13, s. 63.
115.5. The Conseil de gestion is the trustee of the Parental Insurance Fund.
The Conseil is deemed to have accepted the trusteeship and the obligations arising from it as of 17 June 2005.
The Conseil shall act to promote the objectives pursued by the Parental Insurance Fund.
2005, c. 13, s. 63.
115.6. Articles 1260 to 1262, 1264 to 1266, 1270, 1274, 1278, 1280, 1293, 1299, 1306 to 1308, 1313 and 1316, with the necessary modifications, are the only provisions of Titles Six and Seven of Book Four of the Civil Code that apply to the Parental Insurance Fund and the Conseil de gestion in its fiduciary capacity.
2005, c. 13, s. 63.
115.7. The Conseil de gestion shall transfer to the Parental Insurance Fund all sums its receives for the funding of the parental insurance plan, as they are received, in accordance with section 111.
The Conseil de gestion shall prepare a monthly reconciliation of the sums so collected and the sums actually transferred.
2005, c. 13, s. 63.
115.8. The sums transferred to the Parental Insurance Fund by the Conseil de gestion are deposited with a bank governed by the Bank Act (Statutes of Canada, 1991, chapter 46) or a financial services cooperative governed by the Act respecting financial services cooperatives (chapter C-67.3).
2005, c. 13, s. 63.
115.9. The sums making up the Parental Insurance Fund that are not required immediately are deposited with the Caisse de dépôt et placement du Québec.
2005, c. 13, s. 63.
115.10. The administrative expenses of the Parental Insurance Fund are payable out of the Fund.
The expenses incurred by the Conseil de gestion for the carrying out of this Act are payable out of the Fund, except those paid out of the sums kept on deposit by the Conseil otherwise than in a fiduciary capacity.
The sums required to pay the remuneration and expenses relating to the employment benefits and other conditions of employment of the personnel members of the Conseil de gestion, insofar as they work within the scope of the fiduciary functions of the Conseil de gestion, are also payable out of the Fund.
2005, c. 13, s. 63.
115.11. When the Conseil de gestion withdraws a sum from the Parental Insurance Fund, it is acting in its fiduciary capacity.
2005, c. 13, s. 63.
115.12. The Conseil de gestion must prepare budget estimates for the Parental Insurance Fund for the following fiscal year at least one month before the end of the current fiscal year or by any other date set by the board of directors.
It must also adopt an investment policy for the Fund.
2005, c. 13, s. 63.
115.13. The Financial Administration Act (chapter A-6.001) does not apply to the Conseil de gestion in the exercise of its fiduciary functions, except sections 89 and 90.
2005, c. 13, s. 63.
115.14. The Public Administration Act (chapter A-6.01) does not apply to the Conseil de gestion in the exercise of its fiduciary functions, except Chapter III, section 78 insofar as it relates to human resources and Chapters V and VI.
2005, c. 13, s. 63.
115.15. The fiscal year of the Parental Insurance Fund ends on 31 December.
2005, c. 13, s. 63.
115.16. Not later than 30 April each year, the Conseil de gestion must submit to the Minister the financial statements of the Parental Insurance Fund and an annual management report on the Fund’s operations for the previous fiscal year. The report must contain all the information prescribed by the Minister.
The Minister must lay the financial statements and the report before the National Assembly within 30 days of receiving them if the National Assembly is sitting or, if it is not sitting, within 30 days of resumption.
2005, c. 13, s. 63.
115.17. The books and accounts of the Parental Insurance Fund are audited by the Auditor General every year and whenever ordered by the Government.
2005, c. 13, s. 63.
115.18. The president and director general of the Conseil de gestion is accountable to the National Assembly for the management of the Parental Insurance Fund.
The competent parliamentary committee of the National Assembly may hear the president and director general at least once each year to discuss the management of the Fund.
The parliamentary committee may discuss, in particular, the Fund’s financial statements and annual management report, and any administrative matter related to the Fund that may have been noted in a report of the Auditor General or the Public Protector.
2005, c. 13, s. 63.
DIVISION IV
ACCOUNTABILITY
2005, c. 13, s. 64.
116. The fiscal year of the Conseil de gestion ends on 31 December.
2001, c. 9, s. 116; 2005, c. 13, s. 65.
117. Not later than 30 April each year, the Conseil de gestion shall submit to the Minister its financial statements and a management report on the results achieved in relation to the objectives set out in its strategic plan.
The report must also state
(1)  the mandates conferred on the Conseil de gestion;
(2)  the programs under the management or administration of the Conseil de gestion;
(3)  changes in personnel levels;
(4)  a statement by the president and director general concerning the reliability of the information in the report and of monitoring mechanisms.
The financial statements must contain all the information required by the Minister.
2001, c. 9, s. 117; 2005, c. 13, s. 66.
118. The Minister shall table the management report and financial statements of the Conseil de gestion in the National Assembly within 15 days of receiving them or, if the Assembly is not in session, within 15 days of resumption.
2001, c. 9, s. 118; 2005, c. 13, s. 67.
118.1. Subject to the applicable legislative provisions, the president and director general is accountable to the National Assembly for his or her administrative management, in particular as concerns the exercise of the authority and powers of the Minister responsible.
If the Minister considers it appropriate, the competent parliamentary committee of the National Assembly shall hear the Minister and, as the case may be, the president and director general at least once each year to discuss their administrative management.
The parliamentary committee may examine the results achieved with regard to the administrative aspects of the strategic plan, and any other matter of an administrative nature under the authority of the Conseil de gestion that is noted in a report of the Auditor General or the Public Protector.
2005, c. 13, s. 68.
119. The Conseil de gestion shall also furnish to the Minister any information required by the Minister concerning its operations.
2001, c. 9, s. 119.
120. The books and accounts of the Conseil de gestion shall be audited by the Auditor General each year and whenever so ordered by the Government.
The auditor’s report must accompany the report of operations and financial statements of the Conseil de gestion.
2001, c. 9, s. 120.
122. (In force on 1 January 2006).
2001, c. 9, s. 122.
134. (In force on 1 January 2006).
2001, c. 9, s. 134.
136. (Repealed).
2001, c. 9, s. 136; 2002, c. 46, s. 37.
137. (Repealed).
2001, c. 9, s. 137; 2002, c. 46, s. 37.
138. (Repealed).
2001, c. 9, s. 138; 2002, c. 46, s. 37.
140. (In force on 1 January 2006).
2001, c. 9, s. 140.
141. (In force on 1 January 2006).
2001, c. 9, s. 141.
142. (In force on 1 January 2006).
2001, c. 9, s. 142.
145. (In force on 1 January 2006).
2001, c. 9, s. 145.
CHAPTER IX
MISCELLANEOUS AND TRANSITIONAL PROVISIONS
150. The Conseil de gestion may, by way of a regulation made before 1 January 2008, enact any other transitional measure necessary for the carrying out of this Act.
If they so provide, regulations under this section may apply from any date not prior to 1 January 2006.
2001, c. 9, s. 150.
152. The Minister of Employment and Social Solidarity is responsible for the administration of this Act, except Chapter IV, the administration of which comes under the responsibility of the Minister of Revenue.
2001, c. 9, s. 152; 2005, c. 13, s. 73.
The Minister of Finance exercises the functions of the Minister of Revenue provided for in this Act. Order in Council 821-2019 dated 14 August 2019, (2019) 151 G.O. 2 (French), 3788.
154. (Omitted).
2001, c. 9, s. 154.
REPEAL SCHEDULE
In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 9 of the statutes of 2001, in force on 1 March 2005, is repealed, except section 154, effective from the coming into force of chapter A-29.011 of the Revised Statutes.