S-15 - Act respecting the Société du parc industriel du centre du Québec

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chapter S-15
Act respecting the Société du parc industriel du centre du Québec
SOCIÉTÉ DU PARC INDUSTRIEL DU CENTRE DU QUÉBECOctober 25 1990October 25 1990
Chapter S-15 is replaced by the Act respecting the Société du parc industriel et portuaire de Bécancour (chapter S-16.001). (1990, c. 42, s. 42).
1990, c. 42, s. 42.
DIVISION I
INCORPORATION
1. There shall be a body, hereinafter called “the Corporation”, under the name of “Société du parc industriel du centre du Québec”.
1968, c. 60, s. 1; 1977, c. 5, s. 14.
2. The main object of the Corporation shall be to promote the economic progress of central Québec by developing that part of the territory of the town of Bécancour described in the schedule in order to establish there an industrial park and to provide it with all the facilities that may be required to ensure its development.
1968, c. 60, s. 2.
3. The Corporation shall be a corporation within the meaning of the Civil Code and shall have the general powers of such a corporation, with such special powers as are assigned to it by this act.
1968, c. 60, s. 3.
4. The Corporation shall have the rights and privileges of a mandatary of the Gouvernement du Québec.
1968, c. 60, s. 4; 1977, c. 5, s. 14.
5. The corporate seat of the Corporation shall be in the town of Bécancour, but it may transfer it to another locality determined by the Government; such change shall come into force upon publication of a notice thereof in the Gazette officielle du Québec.
1968, c. 60, s. 5.
6. The Corporation shall be composed of seven members appointed for three years by the Government which shall choose the president and the vice-president from amongst their number.
The Government shall fix the fees, allowances or salary, or the additional salary, as the case may be, of each of the members.
1968, c. 60, s. 6.
7. The members of the Corporation shall remain in office until reappointed or replaced, notwithstanding the expiry of their term of office.
1968, c. 60, s. 7.
8. In the case of inability to act of the president by reason of absence or illness, he shall be replaced by the vice-president; whenever another member is so unable to act, he may be replaced by a person appointed to exercise his functions while he is unable to act; such person shall be appointed by the Government which shall fix his fees, allowances, salary or additional salary.
1968, c. 60, s. 8.
9. The Corporation shall be assisted in the exercise of its functions by a general manager appointed for ten years by the Government which shall fix his salary or additional salary, as the case may be.
1968, c. 60, s. 9.
10. The general manager shall be responsible for the administration of the Corporation within the scope of its by-laws.
1968, c. 60, s. 10.
11. The general manager shall devote his time exclusively to the work of the Corporation and the duties of his office.
1968, c. 60, s. 11.
12. The secretary and other officers and employees of the Corporation shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1); the general manager shall exercise in this respect the powers assigned by such act to the chief executive officer of an agency.
1968, c. 60, s. 12; 1978, c. 15, s. 133, s. 140; 1983, c. 55, s. 161.
13. No member, officer or employee of the Corporation shall, nor shall the general manager thereof, under pain of forfeiture of his office, have any direct or indirect interest in an undertaking that puts his personal interest in conflict with that of the Corporation.
Such forfeiture, however, shall not be incurred if such interest devolves to him by succession or gift and he renounces or disposes of it with all possible dispatch.
1968, c. 60, s. 13.
14. Four members shall constitute a quorum of the Corporation.
The Corporation may hold its meetings at any place in Québec.
1968, c. 60, s. 14.
15. Subject to the provisions of this act, the Corporation may make by-laws for its internal management. Such by-laws shall not come into force until after approval by the Government.
1968, c. 60, s. 15.
16. The minutes of the meetings of the Corporation, certified by the general manager or the secretary, shall be authentic.
1968, c. 60, s. 16.
17. Every three months, the Corporation shall make to the Minister of Industry, Trade and Technology a report of its activities for the three preceding months.
Not later than the 30th of June each year, the Corporation shall also make to the Minister a report of its activities for its preceding fiscal year.
Such reports shall also contain all information which the Government or the Minister may prescribe.
The annual report shall be laid before the National Assembly if it is in session or, if it is not, within thirty days of the opening of the next session.
1968, c. 60, s. 17; 1968, c. 9, s. 90; 1979, c. 77, s. 27; 1984, c. 36, s. 44; 1988, c. 41, s. 89.
18. The Corporation shall give the Minister of Industry, Trade and Technology any information he may require respecting its operations.
1968, c. 60, s. 18; 1979, c. 77, s. 27; 1984, c. 36, s. 44; 1988, c. 41, s. 89.
19. The fiscal year of the Corporation shall end on the 31st of March in each year.
The books and accounts of the Corporation shall be audited by the Auditor General each year and also whenever so ordered by the Government; the reports of the auditor shall accompany the annual report of the Corporation.
1968, c. 60, s. 19; 1970, c. 17, s. 102.
DIVISION II
POWERS OF THE CORPORATION
20. The Corporation, with the approval of the Government, may acquire, by agreement or by expropriation, any immoveable or other real right situated within the territory described in the schedule and which it deems necessary for the carrying out of its objects.
It may also, with the same approval, acquire by agreement any other immoveable or real right situated in the municipality of Bécancour and acquire by expropriation any immoveable or other real right situated there and necessary for the installation of public services intended to serve the territory described in the schedule.
1968, c. 60, s. 20; 1971, c. 63, s. 1.
21. (Repealed).
1968, c. 60, s. 21; 1979, c. 51, s. 261.
22. (1)  The Corporation may carry out all the works required for the implementation of any plan contemplated in section 21; it may also carry out on land which it owns or upon which it has a real right, situated outside the territory described in the schedule, all the works necessary for the installation of public services intended to serve such territory.
Unless it involves an expenditure of less than $25 000, a contract for the carrying out of works or the supply of equipment or materials shall not be awarded except after a call for public tenders by advertisement in at least one daily newspaper.
(2)  The delay for the receipt of tenders shall not be less than eight days.
(3)  Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:
(a)  for a fixed price;
(b)  at unit prices.
(4)  All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders.
(5)  All those who have tendered may be present at the opening of the tenders.
(6)  The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.
(7)  The Corporation shall not, without the previous authorization of the Minister of Industry, Trade and Technology, award the contract to any person except the one who made the lowest tender within the prescribed delay.
1968, c. 60, s. 22; 1971, c. 63, s. 2; 1979, c. 77, s. 27; 1984, c. 36, s. 44; 1988, c. 41, s. 89.
23. With the authorization of the Government, the Corporation may lease, exchange, sell or otherwise alienate any immoveable or real right belonging to it.
1968, c. 60, s. 23.
24. The Corporation is authorized to make an agreement with the town of Bécancour respecting the application of the by-laws of the town and the exercise of its powers over any part of the territory described in the schedule that is owned by the Corporation; such an agreement shall apply also to any portion of such territory which the Corporation may alienate or acquire, from the time of such alienation or acquisition.
The town may also, under such agreement, delegate to the Corporation any part of its powers respecting the territory covered by the agreement.
Such an agreement, to be valid, must be submitted to the Minister of Municipal Affairs and to the Minister of Industry, Trade and Technology and be approved by the Government.
If the Corporation and the town have been unable to agree on the terms of such an agreement, the Commission municipale du Québec, upon application by the Corporation but after having heard the town of Bécancour, may suspend, for such time as it indicates, the application of any by-law or the exercise of any power of the town in any part of the said territory.
Every such agreement and every such decision of the Commission municipale du Québec shall be published in the Gazette officielle du Québec.
This section shall also apply to land which the Corporation owns, or upon which it has a real right, situated outside the territory described in the schedule but only to the extent required for the installation of public services intended to serve such territory.
1968, c. 60, s. 24; 1971, c. 63, s. 3; 1977, c. 5, s. 14; 1979, c. 77, s. 27; 1984, c. 36, s. 44; 1988, c. 41, s. 89.
25. The Corporation shall pay the municipal and school taxes on the immoveable property that it owns.
It may make an agreement with the town of Bécancour and any school board in whose territory its immoveables are situated, in order to fix the amount of the taxes that the Corporation shall pay to it having regard to the value and use of its immoveables and the rate of the tax in force in the town or the school board concerned; but the amount so payable shall not be less than that which would be paid if the immoveables of the Corporation were all lands under cultivation.
Such an agreement, to be valid, must be submitted to the Minister of Industry, Trade and Technology and to the Minister of Municipal Affairs or the Minister of Education, as the case may be, and be approved by the Government.
The Town and any such school board shall have the necessary powers to carry out any such agreement.
If the Corporation and the town or a school board cannot agree on the terms of such an agreement, the Commission municipale du Québec, upon application by the Corporation but after having heard the town or school board concerned, as the case may be, may decide any matter which may have been covered by such an agreement, and the decision of the Commission shall be binding for such time as it indicates.
Any such agreement and any such decision of the Commission municipale du Québec shall be published in the Gazette officielle du Québec.
1968, c. 60, s. 25; 1977, c. 5, s. 14; 1979, c. 77, s. 27; 1984, c. 36, s. 44; 1988, c. 41, s. 89; 1988, c. 84, s. 680.
26. No by-law made or resolution passed by the town of Bécancour providing for the levying of a real estate tax, a business tax or any tax assimilated to a real estate tax, and no resolution of a school board whose territory is situated in whole or in part within the limits of the town of Bécancour providing for the levying of a real estate tax shall come into force and become executory in the territory the limits of which are described in the Schedule, before approval by the Minister of Industry, Trade and Technology and the Minister of Municipal Affairs.
These approvals may be partial or restrictive.
1971, c. 63, s. 4; 1977, c. 5, s. 14; 1979, c. 112, s. 1; 1979, c. 77, s. 27; 1984, c. 36, s. 44; 1988, c. 41, s. 89.
27. With the authorization of the Government, the Corporation may transfer any portion of its immoveables or real rights to the town of Bécancour.
1968, c. 60, s. 26.
28. The Corporation is declared to be the sole owner of the immoveables comprised in the territory described in the schedule and which it owns on the 14th of May 1971; every real right which, on such date, may subsist upon such immoveables, in favour of any person other than the Corporation, is extinguished.
The Corporation is also declared to have been the sole owner of the immoveables it sold to Glaverbel Canada Limitée on the 16th of April 1970 at the time it alienated them; every real right which may have subsisted upon such immoveables in favour of a third party from the 16th of April 1970 is extinguished from such date.
Any person who, but for the preceding paragraphs, would have been entitled to claim before the courts any real right upon all or part of the immoveables mentioned in such paragraphs shall henceforth have a personal claim against the Corporation for an amount equal to the value of the real right, calculated on 14 May 1971. Such a personal claim shall be prescribed on the same day as would have been the claim for the real right which it replaces.
1971, c. 63, s. 5.
DIVISION III
FINANCING
29. With the previous authorization of the Government, the Corporation may contract loans by notes, bonds or other securities, at such rate of interest and on such other conditions as the Government may determine.
1968, c. 60, s. 27.
30. The Government, on such conditions as it determines, may:
(a)  guarantee the payment in principal and interest of any loan of the Corporation and the performance of any of its obligations;
(b)  authorize the Minister of Finance to advance to the Corporation any amount deemed necessary for the carrying out of this act, at such rate of interest, for such time and on such other conditions as the Government may determine.
The sums which the Government may be called upon to pay under such guarantees or to advance to the Corporation shall be taken out of the consolidated revenue fund.
1968, c. 60, s. 28; 1977, c. 5, s. 14.
31. The amounts derived from the operations of the Corporation shall be appropriated for the payment of the taxes and repayment of the loans and other obligations of the Corporation and of the advances made by the Minister of Finance, and the balance shall be paid into the consolidated revenue fund.
1968, c. 60, s. 29.
32. The Minister of Industry, Trade and Technology shall have charge of the carrying out of this Act.
1968, c. 60, s. 32; 1979, c. 77, s. 27; 1984, c. 36, s. 44; 1988, c. 41, s. 89.
DIVISION IV
This Division ceased to have effect on 17 April 1987.
33. (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.

(Sections 2, 21, 22, 24, 28)

Description of boundaries

A territory situated in the town of Bécancour, comprising, with reference to the official cadastres of the parishes of Notre-Dame de La Nativité de Bécancour, Sainte-Angèle-de-Laval and Saint-Édouard-de-Gentilly, the lots or parts of lots and their present and future subdivisions, and the roads, highways, islands, watercourses or parts thereof, the whole comprised within the following limits, namely:
starting at the point of intersection of the south shore of the river St. Lawrence with the extension of the northeast line of lots 249 to 257 of the cadastre of the parish of Saint-Édouard-de-Gentilly; thence, successively, the following lines and demarcations: with reference to the said cadastre, the said extension and the northeast line of lots 249 to 257 inclusive; a broken line separating on one side lots 269, 268, 294, 267, 266 and 326 from lots 270, 292, 293, 295, 325, 329, 328 and 327; the extension in lot 326 of the most westerly line of lot 327; part of the south line of lot 326 easterly to the dividing line between lots 223 and 224; part of the said dividing line to a line running mid-way between the two main lanes of autoroute No. 30; such mid-way line westerly to the line dividing the cadastre of the parish of Saint-Édouard-de-Gentilly from the cadastre of the parish of Notre-Dame de La Nativité de Bécancour; part of the said dividing line between cadastres to the northwest side of route No. 3; the northwest side of the said route to the extension of the northeast line of lot 226 of the cadastre of the parish of Notre-Dame de La Nativité de Bécancour; then with reference to such cadastre, the said extension across route No. 3 and the said northeast line of lot 226 to the southeast side of the Coteau de Roche road; the southeast side of the said road to the extension across the said road of the southwest line of lot 200; the said extension and the said southwest line of lot 200, such line extended to the northwest side of route No. 3; the northwest side of route No. 3 southwesterly to the southwest line of lot 198; the southwest line of lots 198, 145 and 146 and its extension to the centre line of the Bécancour river; the centre line of such river upstream to the extension of the northwest line of lot 531; the said extension; the said northwest line of lot 531 to the centre line of the Judith river; the centre line of such river upstream to the extension of the most northeasterly line of lot 11 of the official cadastre of the parish of Sainte-Angèle de Laval; then with reference to such cadastre, the said extension; the most northeasterly line of lot 11 and the northeast line of lot 10, such line extended to the centre line of the river St. Lawrence; the centre line of the said river downstream to the extension of the east line of lot 279 of the cadastre of the parish of Saint-Édouard-de-Gentilly; the said extension southerly to the south shore of the river St. Lawrence; finally the south shore of the said river upstream to the starting point.
1968, c. 60, Schedule; 1971, c. 63, s. 6.
REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 60 of the statutes of 1968, in force on 31 December 1977, is repealed, except sections 30 and 33, effective from the coming into force of chapter S-15 of the Revised Statutes.