M-1.2 - Act to promote the maintenance and renewal of public infrastructures

Updated to 15 February 2009

This document has official status.

chapter M-1.2

Act to promote the maintenance and renewal of public infrastructures

CHAPTER I OBJECT

1. The purpose of this Act is to ensure that state investments in public infrastructures are transparent and made in accordance with best management practices, and that they are properly apportioned between infrastructure maintenance and infrastructure development.

2007, c. 38, s. 1.

CHAPTER II INVESTING IN THE MAINTENANCE AND DEVELOPMENT OF PUBLIC INFRASTRUCTURES AND IN THE ELIMINATION OF THE MAINTENANCE DEFICIT

2. Not later than 1 December each fiscal year, the Conseil du trésor must submit to the Government a draft multi-year capital budget for public infrastructures.

2007, c. 38, s. 2.

3. “Infrastructure” means an immovable, a civil engineering work and any other equipment determined by the Government.

An infrastructure is considered to be a public infrastructure if the Government contributes financially, directly or indirectly, to building, acquiring, maintaining or improving it.

2007, c. 38, s. 3.

4. The capital budget must specify the amounts allocated to each of the following objectives:

(1)  maintaining existing public infrastructures in keeping with the standards recognized for each type of infrastructure and identified by the Conseil du trésor;

(2)  eliminating within 15 years the maintenance deficit determined on 1 April 2008; and

(3)  building new public infrastructures, or improving or replacing existing public infrastructures.

If the part of the capital budget for a year that is allocated under subparagraph 2 of the first paragraph does not reach 6 % of the maintenance deficit determined on 1 April 2008, the difference must be redistributed among the capital budgets for the following three years.

2007, c. 38, s. 4.

5. A body that receives a financial contribution for a public infrastructure from the Government must provide, at the request of the chair of the Conseil du trésor or of the Minister responsible for the body, the information the chair considers necessary to prepare the capital budget and a yearly report detailing how the allocated amounts have been used, in particular with respect to the objectives listed in section 4.

2007, c. 38, s. 5.

6. The capital budget and the yearly report on how it has been used are tabled in the National Assembly by the chair of the Conseil du trésor.

The documents may be examined by the appropriate committee of the National Assembly.

2007, c. 38, s. 6.

7. The Government may make rules on how to allocate unused amounts in the capital budget to subsequent budgets.

2007, c. 38, s. 7.

CHAPTER III MISCELLANEOUS PROVISIONS

8. The Minister who chairs the Conseil du trésor is responsible for the administration of this Act.

2007, c. 38, s. 8.

9. (Omitted).

2007, c. 38, s. 9.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 38 of the statutes of 2007, in force on 1 August 2008, is repealed, except section 9, effective from the coming into force of chapter M-1.2 of the Revised Statutes.