S-11.012 - Act respecting the Société de la faune et des parcs du Québec

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Updated to 8 September 1999
This document has official status.
chapter S-11.012
Act respecting the Société de la faune et des parcs du Québec
CHAPTER I
ESTABLISHMENT AND MISSION
1. The “Société de la faune et des parcs du Québec” is hereby established.
The Société may also use the name “Faune et Parcs Québec” or the acronym “FAPAQ”.
1999, c. 36, s. 1.
2. The Société is a legal person and a mandatary of the State.
The property of the Société forms part of the domain of the State, but the execution of its obligations may be levied against its property. The Société binds none but itself when it acts in its own name.
1999, c. 36, s. 2.
3. The mission of the Société is to oversee the conservation and development of wildlife and wildlife habitats, in a manner consistent with sustainable and harmonious development from a cultural, social, economic and regional standpoint ; it shall also oversee, in the same manner, the development and management of parks to allow for conservation, education and the pursuit of recreational activities.
1999, c. 36, s. 3.
CHAPTER II
ORGANIZATION AND OPERATION
5. The head office of the Société shall be located in the territory of the Communauté urbaine de Québec. Notice of the location of the head office shall be published in the Gazette officielle du Québec. The Société may hold its meetings at any place in Québec.
1999, c. 36, s. 5.
6. The affairs of the Société shall be administered by a board of directors composed of 11 members, including the chair of the board and the chief executive officer, appointed by the Government ; the members, except the chair of the board and the chief executive officer, shall be appointed after consultation with the persons, organizations or associations concerned.
The function of chief executive officer shall be exercised on a full-time basis.
The chief executive officer shall be appointed for a term not exceeding five years, and the other members of the board of directors shall be appointed for a term not exceeding three years.
1999, c. 36, s. 6.
7. The members of the board of directors shall designate from among their number a person to act as chair of the board when the chair of the board is absent or unable to act.
1999, c. 36, s. 7.
8. The Government shall determine the remuneration, employment benefits and other conditions of employment of the chief executive officer.
The other members of the board shall receive no remuneration except in such cases, on such conditions and to such extent as may be 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.
1999, c. 36, s. 8.
9. On the expiry of their term, the members of the board shall remain in office until replaced or reappointed.
A vacancy occurring before the expiry of a member’s term shall be filled in the manner and for the time specified in section 6.
Absence from the number of board meetings determined in the internal by-laws of the Société constitutes a vacancy, in the cases and circumstances indicated therein.
1999, c. 36, s. 9.
10. The quorum at meetings of the board of directors is the majority of its members, including the chair.
Decisions of the board are made by a majority vote of the members present. In the case of a tie-vote, the chair of the meeting has a casting vote.
1999, c. 36, s. 10.
11. The chair of the board of directors shall call and preside at the meetings of the board and see to the proper operation of the board. The chair shall exercise any other functions assigned to the chair by the board.
1999, c. 36, s. 11.
12. The chief executive officer is responsible for the administration and direction of the Société within the scope of its by-laws and policies.
1999, c. 36, s. 12.
13. The members of the board of directors may waive notice of a meeting. 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.
1999, c. 36, s. 13.
14. 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. The participants are, in such a case, deemed to have attended the meeting.
1999, c. 36, s. 14.
15. A written resolution, signed by all the members entitled to vote, has the same value as if adopted during a meeting of the board of directors.
A copy of all such resolutions shall be kept with the minutes of the proceedings or other equivalent record book.
1999, c. 36, s. 15.
16. The Government may appoint up to three vice-chairs of the Société for a term not exceeding five years ; the vice-chairs shall hold office on a full-time basis.
The Government shall determine the remuneration, employment benefits and other conditions of employment of the vice-chairs of the Société.
1999, c. 36, s. 16.
17. The secretary and the other members of the personnel of the Société shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).
The chief executive officer shall exercise in that regard the powers assigned by the Public Service Act to a chief executive officer.
1999, c. 36, s. 17.
18. The Société may make by-laws concerning its internal management.
1999, c. 36, s. 18.
19. The minutes of meetings of the board of directors, approved by the board and certified by the chair of the board, the chief executive officer, the secretary or any other person so authorized by the by-laws of the Société, are authentic, as are documents and copies emanating from the Société or forming part of its records where so certified.
1999, c. 36, s. 19.
20. An intelligible transcription of a decision or other data stored by the Société on a computer or on any other computer storage medium is a document of the Société and is proof of its contents where certified true by a person referred to in section 19.
1999, c. 36, s. 20.
21. A document is binding on the Société or may be attributed to it only if it is signed by the chief executive officer, the chair of the board, the secretary or another member of the board or, in the cases determined in a by-law of the Société, by a member of the Société’s personnel or by the holder of a position.
1999, c. 36, s. 21.
22. The internal by-laws of the Société may allow, subject to the conditions and on the documents determined 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 has the same force as the signature itself only if the document is countersigned by a person referred to in section 19.
1999, c. 36, s. 22.
23. The members of the board of directors of the Société or its personnel, and the holders of a position may not be prosecuted by reason of an official act performed in good faith in the exercise of their functions.
1999, c. 36, s. 23.
CHAPTER V
FUNDING
33. The sums required for the purposes of this Act shall be taken out of the appropriations voted annually for that purpose by the National Assembly.
1999, c. 36, s. 33.
CHAPTER VI
POWERS OF THE MINISTER
35. The Minister may issue directives concerning the policy and general objectives to be pursued by the Société.
The directives must be approved by the Government and come into force on the day of their approval. Once approved, they are binding on the Société, and the Société must comply with them.
Every directive shall be tabled before the National Assembly within 15 days of being approved by the Government or, if the Assembly is not sitting, within 15 days of resumption.
1999, c. 36, s. 35.
36. The Minister may designate public servants to assist the Minister in exercising the powers and functions conferred on the Minister by this Act ; they shall be appointed and remunerated in accordance with the Public Service Act (chapter F‐3.1.1).
1999, c. 36, s. 36.
CHAPTER VIII
TRANSITIONAL AND FINAL PROVISIONS
1999, c. 36, s. 158.
169. The Government may, by regulation, enact any other transitional provisions necessary for the carrying out of this Act.
1999, c. 36, s. 169.
170. The minister designated by the Government is responsible for the administration of this Act.
1999, c. 36, s. 170.
The Minister of Natural Resources, Wildlife and Parks is responsible for the administration of this Act. Order in Council 563-2003 dated 29 April 2003, (2003) 135 G.O. 2 (French), 2527.
The Minister for Forests, Wildlife and Parks exercises, under the authority of the Minister of Natural Resources, Wildlife and Parks, the functions provided for in this Act as regards forests, wildlife and parks. Order in Council 570-2003 dated 29 April 2003, (2003) 135 G.O. 2 (French), 2531.
171. (Omitted).
1999, c. 36, s. 171.