S-11.1 - Act respecting the Société de radio-télévision du Québec

Replaced on 18 December 1996

This document has official status.

chapter S-11.1

Act respecting the Société de radio-télévision du Québec

Chapter S-11.1 is replaced by the Act respecting the Société de télédiffusion du Québec (chapter S-12.01). (1996, c. 20, s. 40).

1979, c. 11, s. 2; 1996, c. 20, s. 40.

DIVISION I INCORPORATION

1. A body, hereinafter called “the corporation”, is established under the name of “Société de radio-télévision du Québec” or “Radio-Québec”.

1969, c. 17, s. 1; 1977, c. 5, s. 14; 1979, c. 11, s. 1 (part), s. 2.

2. The corporation shall be a corporation within the meaning of the Civil Code of Lower Canada and shall have the general powers of such a corporation, with such special powers as are assigned to it by this Act.

1969, c. 17, s. 2; 1979, c. 11, s. 2.

3. The corporation shall have the rights and privileges of a mandatary of the Government.

The moveable and immoveable property in the possession of the corporation shall form part of the public domain, but the performance of the obligations of the corporation may be levied on such property.

1969, c. 17, s. 3; 1977, c. 5, s. 14; 1979, c. 11, s. 2.

4. The corporation binds none but itself when it acts in its own name.

1969, c. 17, s. 4; 1979, c. 11, s. 2.

5. The corporate seat of the corporation shall be in the territory of Ville de Québec, but the corporation may transfer it to another locality with the approval of the Government; such change shall come into force upon publication of a notice to such effect in the Gazette officielle du Québec.

The corporation may hold its sittings at any place in the province of Québec.

1969, c. 17, s. 5; 1979, c. 11, s. 2; 1996, c. 2, s. 912.

DIVISION I.1 ADMINISTRATION OF THE CORPORATION

1979, c. 11, s. 3.

6. The affairs of the corporation are administered by a board of directors composed of the following persons:

(a)  a chairman appointed by the Government;

(b)  the president and general manager of the corporation contemplated in section 8.3;

(c)  (paragraph repealed);

(d)  seven persons appointed by the Government and domiciled in various regions of Québec other than the Montréal region;

(d.1)  five persons appointed by the Government, including one representing the sector of education appointed on the recommendation of the Minister of Education; and

(e)  one person appointed by the Government from among the employees of the corporation, on their recommendation.

Before making appointments pursuant to subparagraph d of the first paragraph, the Government shall invite the regional bodies to submit names of candidates.

1969, c. 17, s. 6; 1972, c. 58, s. 1; 1977, c. 5, s. 14; 1979, c. 11, s. 3; 1985, c. 21, s. 84; 1986, c. 47, s. 1; 1993, c. 51, s. 72; 1994, c. 16, s. 50.

7. The directors shall receive no remuneration except in the cases, on the conditions and to the extent determined by the Government.

They are, however, entitled to an indemnity for expenses they incur to attend meetings of the board of directors or its committees, on the conditions and to the extent determined by the Government.

1969, c. 17, s. 7; 1972, c. 58, s. 1; 1979, c. 11, s. 3; 1986, c. 47, s. 2.

8. The directors are appointed for a period which cannot exceed five years in the case of the president and general manager and three years in the case of each of the other directors.

1969, c. 17, s. 8; 1972, c. 58, s. 1, s. 2; 1979, c. 11, s. 3.

8.1. At the expiry of his term of office, a director remains in office until he is replaced or reappointed.

The term of office of a director shall not be renewed more than once consecutively.

1979, c. 11, s. 3.

8.2. The board of directors shall designate, among the directors other than the chairman and the president and general manager, a vice-chairman who shall assume the duties of chairman in the case of vacancy in the office or of the inability to act of the chairman.

1979, c. 11, s. 3.

8.3. The Government shall appoint, for a period not exceeding five years, a president and general manager of the corporation, who shall exercise that function on a full-time basis.

The Government shall fix the remuneration, social benefits and other conditions of employment of the president and general manager.

The president and general manager of the corporation is responsible for the administration and management of the corporation within the scope of the regulations made by the board of directors.

1979, c. 11, s. 3; 1986, c. 47, s. 3.

8.4. In the case of vacancy in the office or of the inability to act of the president and general manager, the Government may appoint a person to exercise his functions for the remainder of his term of office or during his inability to act, and shall fix that person’s remuneration, social benefits and other conditions of employment.

1979, c. 11, s. 3.

8.5. The majority of the members of the corporation, including the president or the vice-president, constitute a quorum. In case of a tie-vote, the president or, if he is absent, the vice-president has a casting vote.

1979, c. 11, s. 3.

9. The secretary and the other functionaries and employees of the corporation shall be appointed and remunerated in accordance with the staff requirements, standards and scales established by regulation of the corporation.

The secretary and the functionaries and employees of the corporation who are not employees within the meaning of the Labour Code shall not be dismissed except in accordance with section 33 of the Public Service Act (chapter F-3.1.1).

1969, c. 17, s. 10; 1978, c. 15, s. 140; 1979, c. 11, s. 2; 1983, c. 55, s. 161.

10. The president and general manager shall not, under pain of forfeiture of office, have any direct or indirect interest in any undertaking putting his personal interest in conflict with that of the corporation. However, that forfeiture is not incurred if such an interest devolves to him by succession or gift, provided he renounces or disposes of it with all possible dispatch.

Every other director having an interest in an undertaking must, under pain of forfeiture of office, disclose it in writing to the chairman and refrain from participating in any deliberation or decision in connection with the undertaking in which he has an interest.

1969, c. 17, s. 11; 1972, c. 58, s. 3; 1979, c. 11, s. 4.

11. The board of directors may, by regulation,

(a)  delimit regions and establish an office of the corporation in each of them;

(b)  establish standards of installation and operation of broadcasting facilities and standards of programming, production and broadcasting;

(c)  establish standards of financial management;

(d)  establish an executive committee, determine its functions and powers and fix the term of office of its members;

(e)  establish a programming committee or any other committee for the examination of such questions as it may determine, determine its functions and powers and fix the term of office of its members;

(f)  (paragraph repealed);

(g)  generally, regulate the exercise of the powers of the corporation and its internal management.

The regulations of the corporation made under paragraphs a, b and c and section 9 must be approved by the Government to come into force. They shall be published in the Gazette officielle du Québec.

1969, c. 17, s. 12; 1972, c. 58, s. 4; 1979, c. 11, s. 5; 1986, c. 47, s. 4.

12. (Replaced).

1969, c. 17, s. 13; 1972, c. 58, s. 5; 1979, c. 11, s. 5.

13. (Replaced).

1969, c. 17, s. 14; 1972, c. 58, s. 6; 1979, c. 11, s. 5.

14. The minutes of the sittings of the corporation, approved by it and certified by the secretary or by any other functionary of the corporation designated by the regulations made for such purpose by the corporation shall be authentic; the same shall apply to documents and copies emanating from the corporation or forming part of its records, when so certified.

1969, c. 17, s. 15; 1979, c. 11, s. 2.

15. The members, functionaries and employees of the corporation cannot be sued by reason of official acts done in good faith in the exercise of their functions.

1969, c. 17, s. 16; 1979, c. 11, s. 2.

16. The Government may authorize the corporation to make agreements with any government or body and with any person, association, firm or corporation for the purpose of promoting the carrying out of this act.

1969, c. 17, s. 17; 1979, c. 11, s. 2.

17. The fiscal year of the corporation ends on 31 March each year.

1969, c. 17, s. 18; 1979, c. 11, s. 6; 1986, c. 47, s. 5.

18. At the expiry of four months after the end of its fiscal year, the corporation must submit to the Minister entrusted with the carrying out of this act a report of its activities for the preceding fiscal year. That report must also contain all the information the Minister may prescribe.

The Minister shall table the report of the corporation before the National Assembly within thirty days of receiving it. If he receives it while the National Assembly is not in session, he shall table it within thirty days after the opening of the next session or, as the case may be, within fifteen days after resumption.

The corporation shall provide to the Minister entrusted with the carrying out of this act any information he may require on its activities.

1969, c. 17, s. 19; 1979, c. 11, s. 7.

19. The books and accounts of the corporation shall be audited each year and every time the Government so orders, by the Auditor General; this report must accompany the annual report of the corporation.

1969, c. 17, s. 20; 1970, c. 17, s. 102; 1979, c. 11, s. 8.

DIVISION I.2

Repealed, 1986, c. 47, s. 6.

1979, c. 11, s. 8; 1986, c. 47, s. 6.

19.1. (Repealed).

1979, c. 11, s. 8; 1986, c. 47, s. 6.

19.2. (Repealed).

1979, c. 11, s. 8; 1986, c. 47, s. 6.

19.3. (Repealed).

1979, c. 11, s. 8; 1986, c. 47, s. 6.

19.4. (Repealed).

1979, c. 11, s. 8; 1986, c. 47, s. 6.

19.5. (Repealed).

1979, c. 11, s. 8; 1986, c. 47, s. 6.

19.6. (Repealed).

1979, c. 11, s. 8; 1986, c. 47, s. 6.

19.7. (Repealed).

1979, c. 11, s. 8; 1986, c. 47, s. 6.

19.8. (Repealed).

1979, c. 11, s. 8; 1986, c. 47, s. 6.

19.9. (Repealed).

1979, c. 11, s. 8; 1986, c. 47, s. 6.

19.10. (Repealed).

1979, c. 11, s. 8; 1986, c. 47, s. 6.

DIVISION II FUNCTIONS OF THE CORPORATION

1979, c. 11, s. 2.

20. The objects of the corporation are to establish, possess and operate a service for producing audio-visual material and radio and television broadcasts.

The main object of the corporation is to establish and operate an educational broadcasting firm to cover the whole territory of Québec.

1969, c. 17, s. 21; 1972, c. 58, s. 7; 1979, c. 11, s. 9.

20.1. The corporation must submit all of its educational programming to the Régie des télécommunications in accordance with the Act respecting educational programming (chapter P-30.1).

1979, c. 11, s. 9; 1988, c. 8, s. 95.

21. The corporation may

(1)  acquire, use or transfer any documents, copyrights, trade marks, patents of invention, permits or franchises necessary for the attainment of its objects;

(2)  acquire, produce, co-produce, distribute or transfer equipment, audio-visual productions, their by-products and supporting materials;

(3)  use any mode of wire broadcasting and telecommunication for the attainment of its objects.

1969, c. 17, s. 22; 1972, c. 58, s. 7; 1979, c. 11, s. 2; 1986, c. 47, s. 7.

22. The corporation may erect stations for radio or wire broadcasting and provide such stations with all the equipment which it deems suitable.

It may also acquire, by agreement or expropriation, any station for radio or wire broadcasting and any immoveable or real right which it deems necessary for establishing new stations; it may also alienate the property so acquired.

1969, c. 17, s. 23; 1979, c. 11, s. 2.

23. The corporation may acquire, hold or alienate shares of the capital stock of any corporation carrying on any business which, in its opinion, would be useful for the attainment of its objects.

1969, c. 17, s. 24; 1979, c. 11, s. 2.

24. The corporation shall exercise the powers conferred on it by the second paragraph of section 22 and by section 23 to the extent and on the conditions determined by regulation of the Government.

1969, c. 17, s. 25; 1972, c. 58, s. 8; 1979, c. 11, s. 10.

DIVISION III FINANCIAL AND FINAL PROVISIONS

25. 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.

1969, c. 17, s. 26; 1979, c. 11, s. 2.

26. 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.

1969, c. 17, s. 27; 1977, c. 5, s. 14; 1979, c. 11, s. 2.

27. The receipts of the corporation shall be appropriated to the repayment of its loans and of the advances made by the Minister of Finance under subparagraph b of section 26, and to the payment of its other obligations; the balance shall be paid into the consolidated revenue fund.

1969, c. 17, s. 28; 1979, c. 11, s. 11.

28. The Minister of Culture and Communications shall have charge of the application of this Act.

1969, c. 17, s. 35; 1972, c. 58, s. 10; 1994, c. 14, s. 21.

29. (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.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter O-4 of the Revised Statutes, in force on 1 November 1980, is repealed effective from the coming into force of chapter S-11.1 of the Revised Statutes.