C-8.1.1 - Act respecting the Centre de services partagés du Québec

Full text
chapter C-8.1.1
Act respecting the Centre de services partagés du Québec
CENTRE DE SERVICES PARTAGÉS DU QUÉBECMay 24 2005June 27 2005
CHAPTER I
ESTABLISHMENT
1. A legal person is established under the name “Centre de services partagés du Québec”.
2005, c. 7, s. 1.
2. The Centre is a mandatary of the State.
The property of the Centre forms part of the domain of the State, but the execution of its obligations may be levied against its property.
The Centre binds none but itself when it acts in its own name.
2005, c. 7, s. 2.
3. The head office of the Centre is located at the place the Centre determines in the territory of the Communauté métropolitaine de Québec. Notice of the location and any relocation of the head office of the Centre is published in the Gazette officielle du Québec.
The Centre may hold its meetings anywhere in Québec.
2005, c. 7, s. 3.
CHAPTER II
MISSION AND POWERS
4. The mission of the Centre is to provide or make available to public bodies the property and the administrative services they require in the exercise of their functions, especially with regard to human, financial, physical and informational resources.
For that purpose, the Centre is to pursue the rationalization and optimization of administrative support services while ensuring their quality and adequacy in meeting the needs of public bodies. The Centre is to concern itself with the availability of its services in the regions and the regional economic impact of its action. The Centre is also to support the development of internal expertise in the area of administrative services.
2005, c. 7, s. 4; 2011, c. 16, s. 30; 2015, c. 16, s. 2.
5. In pursuing its mission, the Centre may exercise functions and render services that include
(1)  purchasing and leasing movable property for public bodies;
(2)  promoting reuse within public bodies, and disposing of property when it is no longer needed;
(3)  developing, supplying, managing and maintaining products and services related to information technology and telecommunications;
(4)  developing and providing resource management business solutions;
(5)  providing any other service, professional or otherwise, which public bodies may require, such as printing, publishing, marketing, media booking, audiovisual services, exhibitions, reprography, mail and equipment maintenance;
(6)  amalgamating services and managing them; and
(7)  managing copyrights on the documents held by public bodies, in accordance with the standards established jointly by the Minister of Culture and Communications and the Chair of the Conseil du trésor, and seeing that they are complied with.
The Centre exercises any other related function assigned to it by the Government.
2005, c. 7, s. 5; 2011, c. 16, s. 8.
6. When so mandated by the Attorney General, the Centre manages and disposes of the property referred to in section 17 of the Act respecting the forfeiture, administration and appropriation of proceeds and instruments of unlawful activity (chapter C-52.2).
2005, c. 7, s. 6; 2007, c. 34, s. 30.
7. For the purposes of this Act, public bodies include the departments, bodies and persons listed in Schedule 1 to the Financial Administration Act (chapter A‐6.001) and any person or body whose personnel is appointed in accordance with the Public Service Act (chapter F‐3.1.1).
The National Assembly and persons appointed or designated by the National Assembly to an office under its authority are not public bodies.
2005, c. 7, s. 7.
8. A public body, the National Assembly, a person appointed or designated by the National Assembly to an office under its authority and a legal person established in the public interest may obtain any service made by the Centre, on the conditions the Centre determines.
2005, c. 7, s. 8.
9. A public body and the Centre may enter into an agreement by which the Centre agrees to provide a service that is part of the Centre’s mission.
The agreement can be by gratuitous or onerous title.
The Centre may also enter into such an agreement with the National Assembly, with a person appointed or designated by the National Assembly to an office under its authority or with a legal person established in the public interest.
2005, c. 7, s. 9.
9.1. A public body may enter into an agreement with another public body by which it agrees to provide services to that other public body. The agreement may not be for services for which that other public body is required to call on the Centre, unless the Centre is party to the agreement.
The public body to which services are provided may, in the manner set out in its constituting Act, designate a member of the personnel of or the holder of a position within the body providing the services so that that person’s signature may bind the public body to which services are provided and any document signed by that person may be attributed to the public body to which services are provided.
2007, c. 3, s. 52.
10. The Government may, on the conditions and to the extent it determines, require one or more public bodies to call on the Centre to obtain a service that is part of the Centre’s mission.
The order may provide for the remuneration of the Centre by the public body concerned.
This section does not apply to the committee on the remuneration of criminal and penal prosecuting attorneys, to the Conseil de la magistrature, to the committee on the remuneration of the judges or to administrative bodies exercising adjudicative functions.
2005, c. 7, s. 10; 2011, c. 31, s. 14; I.N. 2015-11-01.
11. The Centre may engage a person to see that an agreement or order is carried out; however, the carrying out of the agreement or order remains under the supervision and responsibility of the Centre.
2005, c. 7, s. 11.
12. At the request of the Chair of the Conseil du trésor, the Centre advises the Chair on any matter under its jurisdiction and makes any recommendation it considers appropriate.
2005, c. 7, s. 12; 2011, c. 16, s. 9.
13. The Centre may alienate the expertise it has acquired or developed and the related intellectual property rights. The Centre may also provide consulting services related to its expertise.
2005, c. 7, s. 13.
14. Subject to the applicable legislative provisions, the Centre may enter into an agreement with a government other than that of Québec, with a department of such a government, with an international organization or with a body of such a government or organization.
2005, c. 7, s. 14.
15. The Centre may not, without the Government’s authorization,
(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 contrary to the conditions determined by the Government;
(3)  acquire or hold shares in a legal person or an interest in a partnership in excess of the limits or contrary to the conditions determined by the Government;
(4)  dispose of shares in a legal person or an interest in a partnership in excess of the limits or contrary to the conditions determined by the Government;
(5)  acquire or dispose of other assets in excess of the limits or contrary to the conditions determined by the Government; or
(6)  accept a gift or legacy to which a charge or condition is attached.
2005, c. 7, s. 15.
16. Chapter II of the Public Administration Act (chapter A‐6.01) applies to the Centre as if it were a body designated under the second paragraph of section 5 of that Act.
2005, c. 7, s. 16.
17. The Centre must establish a policy for examining and processing the complaints it receives regarding its service-related operations.
2005, c. 7, s. 17.
CHAPTER III
ORGANIZATION AND OPERATION
18. The affairs of the Centre are administered by a board of directors composed of 11 members appointed by the Government, including a president and director general.
At least six members other than the president and director general must be from the Administration. Of these six, at least one must work in a region other than the Montréal or Québec region.
2005, c. 7, s. 18; 2011, c. 16, s. 4.
19. The chair and the vice-chair of the board of directors are appointed by the Government from among the members of the board.
2005, c. 7, s. 19.
20. The chair of the board calls and presides at meetings of the board of directors, sees to the proper conduct of the board’s proceedings and exercises any other functions assigned by the board.
The vice-chair of the board exercises the functions of the chair of the board when the latter is absent or unable to act.
2005, c. 7, s. 20.
21. The president and director general is appointed for a term not exceeding five years and the other board members for a term not exceeding three years.
On the expiry of their term, board members remain in office until replaced or reappointed.
2005, c. 7, s. 21; 2011, c. 16, s. 5.
22. A vacant position on the board of directors, other than that of president and director general, is filled by the Government 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 Centre, in the cases and circumstances specified, constitutes a vacancy.
2005, c. 7, s. 22.
23. The board members, other than the president and director general, receive no remuneration except in the cases and on the conditions that may be determined by the Government. They are entitled, however, to the reimbursement of expenses incurred in the exercise of their functions in the cases, on the conditions and to the extent determined by the Government.
2005, c. 7, s. 23.
24. The quorum at meetings of the board of directors is the majority of its members, including the president and director general or the chair of the board.
Decisions of the board are made by a majority vote of the members present. In the case of a tie vote, the person presiding at the meeting has a casting vote.
2005, c. 7, s. 24.
25. The members of the board may waive notice of a meeting. Attendance at a meeting of the board constitutes a waiver of notice, unless the members are present to contest the legality of the meeting.
2005, c. 7, s. 25.
26. If all agree, the board members may take part in a meeting by means of equipment enabling all participants to communicate directly with one another.
2005, c. 7, s. 26.
27. Written resolutions, signed by all board members entitled to vote, have the same value as if they had been adopted during a meeting of the board of directors.
A copy of all such resolutions is kept with the minutes of the proceedings or other equivalent record book.
2005, c. 7, s. 27.
28. The president and director general is responsible for the administration and direction of the Centre within the scope of its by-laws and policies. The president and director general is assisted in those functions by as many vice-presidents as the Government determines, appointed by the Government for a term not exceeding five years.
2005, c. 7, s. 28.
29. The president and director general and the vice-president or vice-presidents exercise their functions on a full-time basis.
2005, c. 7, s. 29.
30. The Government determines the remuneration, employment benefits and other conditions of employment of the president and director general and of the vice-president or vice-presidents.
2005, c. 7, s. 30.
31. The minutes of the meetings of the board of directors, approved by the board and certified by the president and director general, the vice-chair of the board, the secretary or another person authorized by the Centre, are authentic. The same applies to documents and copies of documents emanating from the Centre or forming part of its records, if they are so certified.
2005, c. 7, s. 31.
32. An intelligible transcription of a decision or other data stored by the Centre in a computer or in a computer-readable medium is a document of the Centre and is evidence of its contents if it is certified by a person referred to in section 31.
2005, c. 7, s. 32.
33. A deed, document or writing is binding on and may be attributed to the Centre only if it is signed by the chair or the vice-chair of the board, the president and director general, a vice-president, the secretary or another personnel member authorized by the Centre and, in the latter case, only to the extent determined by regulation of the Centre.
2005, c. 7, s. 33.
34. The Centre may, by regulation and subject to specified conditions, allow a signature to be affixed by means of an automatic device, an electronic signature to be affixed, or a facsimile of a signature to be engraved, lithographed or printed on specified documents. However, the facsimile has the same force as the signature itself only if the document is countersigned by a person referred to in section 31.
2005, c. 7, s. 34.
35. The Centre must establish an audit committee under the authority of the board of directors.
The committee examines whether the resources of the Centre are managed in accordance with the applicable rules and whether the Centre uses its resources efficiently; the committee reports its findings and conclusions and any recommendations it may have to the board of directors.
2005, c. 7, s. 35.
36. The Centre may, in its internal by-laws, determine the mode of operation of the board of directors. It may form an executive committee and any other committee, determine their mode of operation and delegate powers of the board to them.
2005, c. 7, s. 36.
37. The standards of ethics and professional conduct adopted by the Centre for the members of the board of directors in accordance with a regulation made under section 3.0.1 of the Act respecting the Ministère du Conseil exécutif (chapter M‐30) are published by the Centre in its annual management report.
2005, c. 7, s. 37.
38. The secretary and the other members of the personnel of the Centre are appointed in accordance with the Public Service Act (chapter F-3.1.1).
2005, c. 7, s. 38.
39. The Chair of the Conseil du trésor may issue directives concerning the policies and general objectives to be pursued by the Centre.
Directives are submitted to the Government for approval. Once approved, they are binding on the Centre.
Directives are laid before the National Assembly within 15 days of their approval by the Government or, if the Assembly is not sitting, within 15 days of resumption.
2005, c. 7, s. 39; 2011, c. 16, s. 9.
CHAPTER IV
QUÉBEC OFFICIAL PUBLISHER
40. The Centre acts as Québec Official Publisher.
2005, c. 7, s. 40.
41. The Official Publisher publishes or commissions the publishing of
(1)  the statutes of Québec;
(2)  an official journal, known as the Gazette officielle du Québec; and
(3)  the documents, notices and announcements that the Government, the Office of the National Assembly or an Act require the Official Publisher to publish.
2005, c. 7, s. 41; 2009, c. 40, s. 16.
42. All documents, notices and announcements the publication of which is required by law are published in the Gazette officielle du Québec, unless another mode of publication is prescribed by law.
2005, c. 7, s. 42.
43. The Centre, under the name of “Les Publications du Québec”, exercises the functions assigned to the Official Publisher under section 5 in respect of the publishing, distribution and marketing of documents.
The Centre, under the name of “Les Publications du Québec”, is also in charge of selling the publications referred to in section 41.
2005, c. 7, s. 43.
44. The Government may, by regulation,
(1)  determine terms and conditions applicable to operations relating to the publications or other works under the responsibility of the Official Publisher, except publications of the National Assembly;
(2)  prescribe conditions for the publication of the Gazette officielle du Québec;
(3)  designate the public bodies, public servants and other persons entitled to receive the Gazette officielle du Québec free of charge from the Official Publisher;
(4)  fix the price of subscriptions to the Gazette officielle du Québec; and
(5)  establish a tariff for the notices, announcements and documents published in the Gazette officielle du Québec.
2005, c. 7, s. 44.
CHAPTER V
FINANCIAL PROVISIONS
45. The Government may, subject to the conditions it determines,
(1)  guarantee payment of the principal and interest on any loan contracted by the Centre, and guarantee its obligations; and
(2)  authorize the Minister of Finance to advance to the Centre any amount considered necessary to meet its obligations or pursue its mission.
The sums required for the purposes of this section are taken out of the Consolidated Revenue Fund.
2005, c. 7, s. 45.
46. The operations of the Centre are funded by the revenue it derives from the commissions and professional and other fees it charges under an agreement or order, the proceeds from the goods and services it provides and the other monies it receives.
2005, c. 7, s. 46.
47. The monies received by the Centre must be allocated to the payment of its obligations. The Centre retains any surpluses, unless the Government decides otherwise.
2005, c. 7, s. 47.
48. Each year, the Centre submits its budgetary estimates for the following fiscal year to the Chair of the Conseil du trésor, in accordance with the form and content and the schedule determined by the Chair.
The estimates require the approval of the Government.
2005, c. 7, s. 48; 2011, c. 16, s. 9.
CHAPTER VI
ACCOUNTS AND REPORTS
49. The fiscal year of the Centre ends on 31 March.
2005, c. 7, s. 49.
50. Not later than 31 July each year, the Centre files its financial statements for the preceding fiscal year with the Chair of the Conseil du trésor.
2005, c. 7, s. 50; 2011, c. 16, s. 9.
51. The Chair of the Conseil du trésor lays the financial statements of the Centre before the National Assembly within 30 days of their receipt or, if the Assembly is not sitting, within 30 days of resumption.
2005, c. 7, s. 51; 2011, c. 16, s. 9.
52. The Auditor General audits the books and accounts of the Centre each year and whenever so ordered by the Government.
The Auditor General’s report must be submitted with the financial statements of the Centre.
2005, c. 7, s. 52.
53. The annual management report of the Centre must include the information required by the Chair of the Conseil du trésor. The report must include an account of the measures taken by the Centre to protect personal information.
2005, c. 7, s. 53; 2011, c. 16, s. 9.
CHAPTER VII
AMENDING PROVISIONS
FINANCIAL ADMINISTRATION ACT
54. (Amendment integrated into c. A-6.001, Schedule 2).
2005, c. 7, s. 54.
PUBLIC ADMINISTRATION ACT
55. (Amendment integrated into c. A-6.01, s. 21).
2005, c. 7, s. 55.
CHARTER OF VILLE DE QUÉBEC
56. (Amendment integrated into c. C-11.5, Sch. C).
2005, c. 7, s. 56.
CITIES AND TOWNS ACT
57. (Amendment integrated into c. C-19, s. 29.9.2).
2005, c. 7, s. 57.
58. (Amendment integrated into c. C-19, s. 29.12.2).
2005, c. 7, s. 58.
59. (Amendment integrated into c. C-19, s. 573.3.2).
2005, c. 7, s. 59.
MUNICIPAL CODE OF QUÉBEC
60. (Amendment integrated into c. C-27.1, a. 14.7.2).
2005, c. 7, s. 60.
61. (Amendment integrated into c. C-27.1, a. 14.18).
2005, c. 7, s. 61.
62. (Amendment integrated into c. C-27.1, a. 938.2).
2005, c. 7, s. 62.
ACT RESPECTING THE COMMUNAUTÉ MÉTROPOLITAINE DE MONTRÉAL
63. (Amendment integrated into c. C-37.01, s. 114).
2005, c. 7, s. 63.
ACT RESPECTING THE COMMUNAUTÉ MÉTROPOLITAINE DE QUÉBEC
64. (Amendment integrated into c. C-37.02, s. 107).
2005, c. 7, s. 64.
ACT RESPECTING THE DEVELOPMENT OF QUÉBEC FIRMS IN THE BOOK INDUSTRY
65. (Amendment integrated into c. D-8.1, s. 6).
2005, c. 7, s. 65.
ELECTION ACT
66. (Amendment integrated into c. E-3.3, s. 488.1).
2005, c. 7, s. 66.
HYDRO-QUÉBEC ACT
67. (Omitted).
2005, c. 7, s. 67.
ACT RESPECTING THE MINISTÈRE DE LA CULTURE ET DES COMMUNICATIONS
68. (Amendment integrated into c. M-17.1, s. 14).
2005, c. 7, s. 68.
ACT RESPECTING THE MINISTÈRE DE LA JUSTICE
69. (Amendment integrated into c. M-19, s. 32.17).
2005, c. 7, s. 69.
ACT RESPECTING THE MINISTÈRE DES RELATIONS INTERNATIONALES
70. (Amendment integrated into c. M-25.1.1, s. 30).
2005, c. 7, s. 70.
ACT RESPECTING THE MINISTÈRE DES TRANSPORTS
71. (Amendment integrated into c. M-28, s. 12.41).
2005, c. 7, s. 71.
ACT RESPECTING THE MINISTÈRE DU CONSEIL EXÉCUTIF
72. (Amendment integrated into c. M-30, s. 3.17).
2005, c. 7, s. 72.
ACT RESPECTING OCCUPATIONAL HEALTH AND SAFETY
73. (Amendment integrated into c. S-2.1, s. 176.0.1).
2005, c. 7, s. 73.
ACT RESPECTING THE SERVICE DES ACHATS DU GOUVERNEMENT
74. (Omitted).
2005, c. 7, s. 74.
ACT RESPECTING GOVERNMENT SERVICES TO DEPARTMENTS AND PUBLIC BODIES
75. (Amendment integrated into c. F-3.2.2, title).
2005, c. 7, s. 75.
76. (Omitted).
2005, c. 7, s. 76.
77. (Amendment integrated into c. F-3.2.2, heading of Chapter III).
2005, c. 7, s. 77.
78. (Amendment integrated into c. F-3.2.2, s. 11).
2005, c. 7, s. 78.
79. (Amendment integrated into c. F-3.2.2, s. 12).
2005, c. 7, s. 79.
80. (Amendment integrated into c. F-3.2.2, s. 13).
2005, c. 7, s. 80.
81. (Amendment integrated into c. F-3.2.2, s. 14).
2005, c. 7, s. 81.
82. (Amendment integrated into c. F-3.2.2, s. 15).
2005, c. 7, s. 82.
83. (Amendment integrated into c. F-3.2.2, s. 16).
2005, c. 7, s. 83.
84. (Amendment integrated into c. F-3.2.2, s. 16.1).
2005, c. 7, s. 84.
85. (Amendment integrated into c. F-3.2.2, s. 17).
2005, c. 7, s. 85.
86. (Amendment integrated into c. F-3.2.2, s. 18).
2005, c. 7, s. 86.
87. (Amendment integrated into c. F-3.2.2, s. 19).
2005, c. 7, s. 87.
88. (Amendment integrated into c. F-3.2.2, s. 20).
2005, c. 7, s. 88.
89. (Amendment integrated into c. F-3.2.2, s. 21).
2005, c. 7, s. 89.
90. (Amendment integrated into c. F-3.2.2, s. 21.2).
2005, c. 7, s. 90.
91. (Omitted).
2005, c. 7, s. 91.
ACT RESPECTING THE SOCIÉTÉ IMMOBILIÈRE DU QUÉBEC
92. (Amendment integrated into c. S-17.1, s. 34).
2005, c. 7, s. 92.
ACT RESPECTING THE SOCIÉTÉ QUÉBÉCOISE D’INFORMATION JURIDIQUE
93. (Amendment integrated into c. S-20, s. 3).
2005, c. 7, s. 93.
94. (Amendment integrated into c. S-20, s. 23).
2005, c. 7, s. 94.
ACT RESPECTING PUBLIC TRANSIT AUTHORITIES
95. (Amendment integrated into c. S-30.01, s. 104).
2005, c. 7, s. 95.
ACT RESPECTING NORTHERN VILLAGES AND THE KATIVIK REGIONAL GOVERNMENT
96. (Amendment integrated into c. V-6.1, s. 207.1).
2005, c. 7, s. 96.
97. (Amendment integrated into c. V-6.1, s. 358.5).
2005, c. 7, s. 97.
CHAPTER VIII
TRANSITIONAL PROVISIONS
98. The Centre de services partagés du Québec, established under section 1 of this Act, replaces the General Purchasing Director designated under section 3 of the Act respecting the Service des achats du gouvernement (chapter S‐4), the Minister of Relations with the Citizens and Immigration as regards functions under the Act respecting government services to departments and public bodies (chapter S‐6.1) that were assigned to the Minister by Order in Council 564-2003 dated 29 April 2003, and the Minister responsible for the Act respecting government services to departments and public bodies as regards the functions exercised by the Minister under that Act, except for functions relating to the government air service. The Centre acquires the related rights and assumes the related obligations.
2005, c. 7, s. 98.
99. The Government may, to the extent and on the conditions it determines, transfer to the Centre any record, document or property in the possession of the chair of the Conseil du trésor, the Minister of Relations with the Citizens and Immigration or the minister responsible for the administration of the Act respecting government services to departments and public bodies (chapter S‐6.1) before 6 December 2005 that the Centre requires for the exercise of the functions referred to in section 5.
2005, c. 7, s. 99.
100. The Centre becomes, without continuance of suit, a party to all proceedings to which the General Purchasing Director, the Minister responsible for the Act respecting government services to departments and public bodies (chapter S‐6.1) and the Minister of Relations with the Citizens and Immigration was a party with respect to the functions referred to in section 98.
2005, c. 7, s. 100.
101. The government air service fund succeeds to the Fonds des services gouvernementaux to the extent provided for in an order that may provide for a transfer of assets and liabilities.
2005, c. 7, s. 101.
102. The assets and liabilities of the Fonds de l’information gouvernementale established by Order in Council 1130-96 dated 11 September 1996 are transferred to the Centre de services partagés du Québec.
2005, c. 7, s. 102.
103. Unless the context indicates otherwise, in any other Act and in any regulation, order or other document, a reference to the General Purchasing Director is a reference to the Centre de services partagés du Québec.
2005, c. 7, s. 103.
104. Every person or body that on 6 December 2005 is required to use the services of the General Purchasing Director for the acquisition of property or services or for the alienation of property under the Act respecting the Service des achats du gouvernement (chapter S‐4) or under the Act respecting government services to departments and public bodies (chapter S‐6.1) is required, to the same extent, to use the services of the Centre de services partagés du Québec established under this Act, until exempted by an order.
2005, c. 7, s. 104.
105. The Regulation respecting the Gazette officielle du Québec (Order in Council 1259-97 dated 24 September 1997) is deemed to have been made under section 44 of the Act respecting the Centre de services partagés du Québec (chapter C-8.1.1).
2005, c. 7, s. 105.
106. The employees assigned to functions referred to in section 98 become, without further formality, employees of the Centre de services partagés du Québec if a decision providing for their transfer is made by the Conseil du trésor before 6 December 2006.
2005, c. 7, s. 106.
107. The sums required for the purposes of this Act for the fiscal year 2005-2006 are taken out of the Consolidated Revenue Fund to the extent determined by the Government.
2005, c. 7, s. 107.
CHAPTER IX
FINAL PROVISIONS
108. Not later than 6 December 2010 and subsequently every five years, the Chair of the Conseil du trésor must ensure that the carrying out of this Act is the subject of an independent report. The report must include an account of the Centre’s management of the personal information it holds.
The Chair lays the report before the National Assembly within 30 days of its receipt or, if the Assembly is not sitting, within 30 days of resumption. The report is examined by the appropriate committee of the National Assembly.
2005, c. 7, s. 108; 2011, c. 16, s. 9.
109. The Chair of the Conseil du trésor is responsible for the administration of this Act.
2005, c. 7, s. 109; 2011, c. 16, s. 8.
110. (Omitted).
2005, c. 7, s. 110.
REPEAL SCHEDULE
In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 7 of the statutes of 2005, in force on 1 March 2006, is repealed, except section 110, effective from the coming into force of chapter C-8.1.1 of the Revised Statutes.