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

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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 III
ORGANIZATION AND OPERATION
18. The affairs of the Centre are administered by a board of directors composed of 10 members appointed by the Government, including a president and director general, and the Deputy Minister of Government Services.
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.
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, except for the Deputy Minister of Government Services, 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.
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.
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 Minister 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.
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 Minister, in accordance with the form and content and the schedule determined by the Minister.
The estimates require the approval of the Government.
2005, c. 7, s. 48.
CHAPTER VII
AMENDING PROVISIONS
FINANCIAL ADMINISTRATION ACT
54. (Amendment integrated into c. A-6.001, Schedule 2).
2005, c. 7, s. 54.
CHAPTER VIII
TRANSITIONAL PROVISIONS
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
109. The Minister of Government Services is responsible for the administration of this Act.
2005, c. 7, s. 109.
The Minister responsible for Government Administration and Chair of the Conseil du trésor exercises the functions and responsibilities of the Minister of Government Services provided for in this Act. Order in Council 880-2010 dated 27 October 2010, (2010) 142 G.O. 2 (French), 4445.
110. (Omitted).
2005, c. 7, s. 110.