S-18.2.0.1 - Act respecting the Société nationale du cheval de course

Updated to 13 June 2006

This document has official status.

chapter S-18.2.0.1

Act respecting the Société nationale du cheval de course

1. The name of the Société de promotion de l’industrie des courses de chevaux (SPICC) inc., incorporated by letters patent issued on 10 December 1993 under Part III of the Companies Act (chapter C-38), is changed to the name “Société nationale du cheval de course”. The Inspector General of Financial Institutions shall deposit a notice of change of the Société’s name in the register of sole proprietorships, partnerships and legal persons.

The mission of the Société nationale du cheval de course is to foster the promotion and development of the horseracing industry in Québec.

1999, c. 26, s. 1.

2. The board of directors of the Société is composed of five members, including a chair appointed by the Minister. Their term of office begins on appointment.

The members of the board of directors hold office for up to four years.

1999, c. 26, s. 2; 2006, c. 15, s. 1.

3. The State shall assume the defence of a member of the board of directors, appointed by the Minister, who is prosecuted by a third person for an act done in the performance of his or her duties and shall pay any damages awarded as compensation for any injury resulting from that act, unless the board member has committed a grievous offence or a personal offence separable from the performance of his or her duties.

In penal or criminal proceedings, however, the State shall assume the payment of the expenses of a member of the board of directors, appointed by the Minister, only if the board member had reasonable grounds to believe that his or her conduct was in conformity with the law, or if the board member has been discharged or acquitted.

1999, c. 26, s. 3; 2006, c. 15, s. 1.

4. (Replaced).

1999, c. 26, s. 4; 2006, c. 15, s. 1.

5. (Replaced).

1999, c. 26, s. 5; 2006, c. 15, s. 1.

6. (Replaced).

1999, c. 26, s. 6; 2006, c. 15, s. 1.

7. (Replaced).

1999, c. 26, s. 7; 2006, c. 15, s. 1.

8. (Replaced).

1999, c. 26, s. 8; 2006, c. 15, s. 1.

9. (Replaced).

1999, c. 26, s. 9; 2006, c. 15, s. 1.

10. (Replaced).

1999, c. 26, s. 10; 2006, c. 15, s. 1.

11. The Société shall, for any fiscal year in which it has received, in any form whatsoever, a subsidy from the Government or any government body, file with the Minister, within 30 days of the holding of its annual meeting, its financial statements, including a detailed statement of the use of the subsidy, prepared in accordance with generally accepted accounting principles and submitted with the auditor’s report.

The Minister shall table the financial statements before the National Assembly within 30 days of receiving them or, if it is not sitting, within 30 days of resumption.

The competent parliamentary committee of the National Assembly shall examine the financial statements and, where required, shall hear the officers of the Société.

1999, c. 26, s. 11.

12. The Société may not, except with the authorization of, and in accordance with the terms and conditions determined by, the Government, alienate or encumber

(1)  the immovable described in the deed of sale executed before André Auclair, notary, on 28 May 1998 under No. 26306 of his minutes and registered on 2 June 1998 at the registry office of the registration division of Montréal under No. 5013802, or

(2)  any other immovable designated by the Minister and constructed, acquired or renovated by the Société with funds granted by the Government.

The provisions of the first paragraph apply to a subsidiary of the Société but do not apply to transactions between the Société and a subsidiary, or between subsidiaries.

1999, c. 26, s. 12.

13. In the event of dissolution, the property of the Société devolves to the State after payment of its debts. The Government may, however, transfer all or part of the property to a legal person whose objectives coincide with those of the Société.

If, at the time of dissolution, the debts of the Société exceed the value of its property, the State shall assume the debt surplus.

1999, c. 26, s. 13; 2006, c. 15, s. 2.

14. (Repealed).

1999, c. 26, s. 14; 2006, c. 15, s. 3.

15. (Repealed).

1999, c. 26, s. 15; 2006, c. 15, s. 3.

16. (Repealed).

1999, c. 26, s. 16; 2006, c. 15, s. 3.

17. The letters patent of the Société de promotion de l’industrie des courses de chevaux (SPICC) inc. are amended

(1)  by adding the following sentence at the end of the provisions respecting the objects of the corporation :

“— La corporation peut, en outre, conclure toute entente en vue de favoriser le développement du cheval de compétition.”

“— The corporation may also enter into an agreement to further the development of competition horses.”[TRANSLATION];

(2)  by striking out the following provision :

“Les administrateurs doivent joindre à toute demande présentée au registraire des entreprises pour l’obtention de lettres patentes supplémentaires, en vue de modifier les dispositions ci-dessus, une résolution unanime de tous les membres de la corporation.”.

“The directors must include, with any application for the issue of supplementary letters patent made to the registrar of enterprise for the purpose of amending the abovementioned provisions, a unanimous resolution of all the members of the corporation.”[TRANSLATION]

1999, c. 26, s. 17; 2002, c. 45, s. 560.

18. The provisions of this Act prevail over any incompatible provision of the Companies Act (chapter C‐38) applicable to the Société and over any incompatible provision of its letters patent and by-laws.

1999, c. 26, s. 18.

19. (Amendment integrated into c. M-14, ss. 21.6, 21.7).

1999, c. 26, s. 19.

20. The Government shall designate the minister responsible for the administration of this Act.

1999, c. 26, s. 20.

The Minister of Finance is responsible for the administration of this Act. Order in Council 922-2011 dated 14 September 2011, (2011) 143 G.O. 2 (French), 4148.

20.1. The Government may, by order, dissolve the Société nationale du cheval de course on the date and on the terms and conditions it determines.

The Act respecting the Société nationale du cheval de course is repealed as of that date.

Civil proceedings to which the Société is a party are continued by the attorney acting for or on behalf of the Attorney General of Québec, on an appearance on behalf of the Attorney General of Québec and without continuance of suit.

2006, c. 15, s. 4.

21. (Omitted).

1999, c. 26, s. 21.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 26 of the statutes of 1999, in force on 1 April 2000, is repealed, except section 21, effective from the coming into force of chapter S-18.2.0.1 of the Revised Statutes.