M-19.1.2 - Act respecting the Ministère de la Recherche, de la Science et de la Technologie

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Updated to 8 June 1999
This document has official status.
chapter M-19.1.2
Act respecting the Ministère de la Recherche, de la Science et de la Technologie
The Minister of Economic and Regional Development exercises the functions of the Minister of Research, Science and Technology provided for in this Act. Order in Council 558-2003 dated 29 April 2003, (2003) 135 G.O. 2 (French), 2524.
CHAPTER I
RESPONSIBILITIES OF THE MINISTER
1. The Ministère de la Recherche, de la Science et de la Technologie shall be under the direction of the Minister of Research, Science and Technology appointed under the Executive Power Act (chapter E-18).
1999, c. 8, s. 1.
2. The mission of the Minister is to promote research, science, technology and innovation by promoting synergy between the various players in the fields concerned through the establishment of mechanisms to facilitate concerted and integrated action.
The mission includes preparing and implementing a policy on research, science, technology and innovation, in collaboration, in particular, with partners in the university, college, industrial and government sectors. The policy shall set out measurable objectives in social, cultural and economic terms and take into account the characteristics of the various regions in Québec.
The policy shall be submitted to the Government for approval. It shall be evaluated regularly to assess the degree to which its objectives have been achieved, the effectiveness of the strategies it promotes, its responsiveness to new needs and its impact on individuals and on society as a whole. Each evaluation shall be brought to the attention of the Government.
1999, c. 8, s. 2.
3. The Minister shall ensure the coherence of government actions in the fields of research, science, technology and innovation.
The Minister shall promote Québec’s influence in those fields both within Canada and abroad.
1999, c. 8, s. 3.
4. The Minister may take all measures that are useful in the pursuit of the Minister’s mission. In particular, the Minister shall provide financial support, subject to the conditions determined by the Minister, for the realization of projects in the fields within the Minister’s jurisdiction.
1999, c. 8, s. 4.
5. In the exercise of ministerial functions, the Minister may, in particular,
(1)  enter into agreements, according to law, with any government other than that of Québec, or with a department or body of such a government, or with an international organization or a body of such an organization ;
(2)  enter into agreements with any person, association, partnership or body ;
(3)  conduct or commission research, studies and analyses and make them public.
1999, c. 8, s. 5.
6. The Minister shall table a report in the National Assembly on the activities of the department for each fiscal year within six months of the end of the fiscal year concerned or, if the Assembly is not sitting, within 30 days of resumption.
The Minister shall also table the evaluations referred to in section 2 in the National Assembly within 30 days of the date on which they are brought to the attention of the Government or, if the Assembly is not sitting, within 30 days of resumption. The evaluations shall be examined by the competent parliamentary committee of the National Assembly.
1999, c. 8, s. 6.
CHAPTER II
DEPARTMENTAL ORGANIZATION
7. The Government, in accordance with the Public Service Act (chapter F‐3.1.1), shall appoint a person as Deputy Minister of the Ministère de la Recherche, de la Science et de la Technologie.
1999, c. 8, s. 7.
8. Under the direction of the Minister, the Deputy Minister shall administer the department.
The Deputy Minister shall, in addition, perform any other function assigned by the Government or the Minister.
1999, c. 8, s. 8.
9. In the performance of deputy-ministerial functions, the Deputy Minister has the authority of the Minister.
1999, c. 8, s. 9.
10. The Deputy Minister may, in writing and to the extent indicated, delegate the exercise of deputy-ministerial functions under this Act to a public servant or the holder of a position.
The Deputy Minister may, in the instrument of delegation, authorize the subdelegation of the functions indicated, and in that case shall specify the public servant or holder of a position to whom the functions may be subdelegated.
1999, c. 8, s. 10.
11. The personnel of the department shall consist of the public servants required for the carrying out of the functions of the Minister ; they shall be appointed and remunerated in accordance with the Public Service Act (chapter F‐3.1.1).
The Minister shall determine the duties of the public servants to the extent that they are not determined by law or by the Government.
1999, c. 8, s. 11.
12. The signature of the Minister or Deputy Minister gives authority to any document emanating from the department.
A deed, document or writing is binding on the Minister or may be attributed to the Minister only if it is signed by the Minister, the Deputy Minister, a member of the personnel of the department or the holder of a position and, in the latter two cases, only so far as determined by the Government.
1999, c. 8, s. 12.
13. The Government may, subject to the conditions it determines, allow that a signature be affixed by an automatic device or electronic process.
The Government may, subject to the conditions it determines, allow that a facsimile of such a signature be engraved, lithographed or printed. The facsimile must be authenticated by the countersignature of a person authorized by the Minister.
1999, c. 8, s. 13.
14. A document or copy of a document emanating from the department or forming part of its records, signed or certified true by a person referred to in the second paragraph of section 12, is authentic.
1999, c. 8, s. 14.
15. An intelligible transcription of a decision or other data stored by the department on a computer or any other computer storage medium is a document of the department and is proof of its contents where certified true by a person referred to in the second paragraph of section 12.
1999, c. 8, s. 15.
CHAPTER II.1
THE CONSEIL DE LA SCIENCE ET DE LA TECHNOLOGIE
1999, c. 8, s. 16.
DIVISION I
ESTABLISHMENT AND ORGANIZATION
15.1. The “Conseil de la Science et de la Technologie” is hereby established.
1983, c. 23, s. 20; 1999, c. 8, s. 16.
15.2. The secretariat of the Conseil is located at the place determined by the Government. Notice of the location or of any transfer of the secretariat is published in the Gazette officielle du Québec.
1983, c. 23, s. 21; 1999, c. 8, s. 16.
15.3. The Conseil is composed of 15 members, including a president, appointed by the Government and representing the research, college and university education, business and labour communities, the field of scientific and technical information and the public and parapublic sectors.
The Government may appoint not more than three observers to the Conseil; they participate in the meetings of the Conseil but have no vote.
1983, c. 23, s. 22; 1999, c. 8, s. 16.
15.4. The president of the Conseil is appointed for not over five years; the other members are appointed for not over three years.
The term of office of the members may be renewed consecutively only once. At the expiry of their terms of office, the members remain in office until they are replaced or reappointed.
1983, c. 23, s. 23; 1999, c. 8, s. 16.
15.5. Any vacancy occurring during the term of office of the members of the Conseil is filled in accordance with the mode of appointment prescribed in section 15.3.
Absence from a number of meetings determined by the internal management by-laws of the Conseil constitutes a vacancy in the cases and circumstances indicated therein.
1983, c. 23, s. 24; 1999, c. 8, s. 16.
15.6. The president, who shall exercise his duties full time, has supervision and direction of the Conseil and its personnel.
The Government shall fix the remuneration, social benefits and other conditions of employment of the president.
1983, c. 23, s. 25; 1999, c. 8, s. 16.
15.7. Members of the Conseil other than the president are not remunerated. They are, however, entitled, to the extent provided by regulation of the Government and on presentation of vouchers, to an attendance allowance and to the reimbursement of reasonable expenses incurred by them in the performance of their duties.
1983, c. 23, s. 26; 1999, c. 8, s. 16.
15.8. The sittings of the Conseil and, as the case may be, of its committees are public, except those dealing with matters of internal management.
The Conseil may hold its sittings anywhere in Québec.
Seven members are a quorum at sittings of the Conseil.
In case of a tie-vote, the president has a casting vote.
1983, c. 23, s. 27; 1999, c. 8, s. 16.
15.9. The secretary and the other members of the personnel of the Conseil are appointed and remunerated in accordance with the Public Service Act (chapter F‐3.1.1).
1983, c. 23, s. 28; 1983, c. 55, s. 161; 1999, c. 8, s. 16.
DIVISION II
FUNCTIONS AND POWERS
15.10. The function of the Conseil is to advise the Minister on any matter relating generally to the advancement of science and technology in Québec.
For that purpose, the Conseil must make periodic reports to the Minister on the progress and needs of scientific research and technological development.
1983, c. 23, s. 29; 1985, c. 21, s. 36; 1988, c. 41, s. 50; 1993, c. 51, s. 72; 1994, c. 16, s. 14; 1999, c. 8, s. 16.
15.11. In performing its function, the Conseil may
(1)  advise or make recommendations to the Minister on any matter relating to the advancement of science and technology in Québec;
(2)  solicit or receive petitions, opinions and suggestions from interested agencies or groups and from the general public on any matter relating to the advancement of science and technology in Québec;
(3)  conduct studies and investigations that it considers useful or necessary for the performance of its function, or cause them to be effected.
1983, c. 23, s. 30; 1999, c. 8, s. 16.
15.12. The Conseil shall advise the Minister on any question submitted by him in connection with the advancement of science and technology.
It may also communicate its findings and conclusions to the Minister.
1983, c. 23, s. 31; 1999, c. 8, s. 16.
15.13. The Conseil may form committees for the proper conduct of its work. It must also, at the request of the Minister, form subcommittees to investigate particular matters.
The members of committees and subcommittees are not remunerated; they are, however, entitled, to the extent provided by regulation of the Government and on presentation of vouchers, to an attendance allowance and to the reimbursement of reasonable expenses incurred by them in the performance of their duties.
1983, c. 23, s. 32; 1999, c. 8, s. 16.
15.14. The Conseil may adopt internal management by-laws.
1983, c. 23, s. 33; 1999, c. 8, s. 16.
DIVISION III
REPORT
15.15. The Conseil, not later than 31 July each year, shall transmit to the Minister a report of its activities for the preceding fiscal year.
The Minister shall table the report in the National Assembly within 30 days of receiving it if the Assembly is in session or, if it is not sitting, within 30 days after the opening of the next session or resumption.
1983, c. 23, s. 34; 1999, c. 8, s. 16.
CHAPTER II.2
RESEARCH SUPPORT FUNDS
DIVISION I
ESTABLISHMENT AND ORGANIZATION
15.16. The following bodies are hereby established:
(1)  the “Fonds pour la formation de chercheurs et l’aide à la recherche”;
(2)  the “Fonds de la recherche en santé du Québec”;
(3)  (paragraph revoked).
1983, c. 23, s. 65; 1985, c. 21, s. 32; 1985, c. 23, s. 24; 1988, c. 41, s. 52; 1993, c. 51, s. 72; 1994, c. 16, s. 16; 1999, c. 8, s. 17.
15.17. Each Fonds is a corporation.
1983, c. 23, s. 66; 1999, c. 8, s. 17.
15.18. Each Fonds is a mandatary of the Government.
The property of each Fonds is part of the public domain but the performance of its obligations may be levied against its property.
Each Fonds binds only itself when it acts in its own name.
1983, c. 23, s. 67; 1999, c. 8, s. 17.
15.19. Each Fonds has its head office at the place determined by the Government. Notice of the location or of any transfer of the head office is published in the Gazette officielle du Québec.
1983, c. 23, s. 68; 1999, c. 8, s. 17.
15.20. Each Fonds is administered by a board of directors composed of not more than fourteen members, including a chairman and a managing director, appointed by the Government.
The Government may appoint observers to each Fonds. The observers participate in the meetings of the Fonds but have no vote.
1983, c. 23, s. 69; 1999, c. 8, s. 17.
15.21. The members of the board of directors shall appoint a vice-chairman from among themselves. If the chairman is temporarily absent or unable to act, the vice-chairman shall exercise the functions of the chairman.
1983, c. 23, s. 70; 1999, c. 8, s. 17.
15.22. The chairman and the managing director are appointed for not over five years.
The other members are appointed for not over three years.
1983, c. 23, s. 71; 1999, c. 8, s. 17.
15.23. At the end of their terms the members of the board of directors remain in office until they are replaced or reappointed.
The appointment of the chairman and of the other members may be renewed consecutively only once. The appointment of the managing director may be renewed.
1983, c. 23, s. 72; 1999, c. 8, s. 17.
15.24. Every vacancy occurring during a term of office is filled in accordance with the mode of appointment prescribed in section 15.20.
Absence from a number of meetings determined by the internal by-laws of each Fonds constitutes a vacancy.
1983, c. 23, s. 73; 1999, c. 8, s. 17.
15.25. The chairman shall preside at meetings of the board of directors and exercise such other functions as are assigned to him by the by-laws of internal management of the Fonds.
The managing director shall administer the Fonds and have the direction of its personnel. By government decision, the functions of the chairman and those of the managing director may be assumed by the same person.
The managing director shall devote his full time to his official duties.
The Government shall fix the remuneration, social benefits and the other conditions of employment of the chairman and of the managing director.
1983, c. 23, s. 74; 1999, c. 8, s. 17.
15.26. Members other than the chairman and the managing director are not remunerated. However, they are entitled, to the extent provided by regulation of the Government and on presentation of vouchers, to the reimbursement of reasonable expenses incurred by them in the performance of their duties, and to an attendance allowance.
1983, c. 23, s. 75; 1999, c. 8, s. 17.
15.27. In no case may the managing director, under pain of forfeiture of office, have any direct or indirect interest in an undertaking causing his personal interest to conflict with that of the Fonds. However, such forfeiture is not incurred if such an interest devolves to him by succession or gift, provided that he renounces or disposes of it with all possible dispatch.
Any other member of the board of directors who has any interest in such an undertaking must, under pain of forfeiture of office, disclose it in writing to the managing director and abstain from participating in any deliberation and any decision concerning the undertaking.
1983, c. 23, s. 76; 1999, c. 8, s. 17.
15.28. Each Fonds may establish offices at places it determines and may hold its sittings anywhere in Québec.
The quorum at meetings of the board of directors is over one-half of the members of the board of directors of the Fonds.
In case of a tie-vote, the chairman has a casting vote.
1983, c. 23, s. 77; 1999, c. 8, s. 17.
15.29. Every decision signed by all the members of the board of directors has the same force as if it had been taken at a regular sitting.
1983, c. 23, s. 78; 1999, c. 8, s. 17.
15.30. The members of the personnel of a Fonds are appointed and remunerated according to the staffing requirements, standards and scales established by by-law of the Fonds.
The by-law may also determine the social benefits and the other conditions of employment to which the members of the personnel are entitled, and make them subject to the second paragraph of section 15.27.
The by-law comes into force, following its approval by the Government, from the date of its publication in the Gazette officielle du Québec or on any later date indicated in it.
1983, c. 23, s. 79; 1999, c. 8, s. 17.
DIVISION II
FUNCTIONS AND POWERS
15.31. The functions of the Fonds pour la formation de chercheurs et l’aide à la recherche are
(1)  to promote or provide financial support for research carried out in post-secondary educational institutions;
(2)  to promote or provide financial support, in accordance with the plan of activities contemplated in section 15.33, for the work of researchers who are not attached to any post-secondary educational institution;
(3)  to promote or provide financial support for the diffusion of scientific knowledge in all fields of research;
(4)  to promote or provide financial support for the training of researchers by granting achievement scholarships to graduate and postgraduate students and to those who wish to re-enter the research community, as well as professional improvement scholarships.
1983, c. 23, s. 80; 1985, c. 30, s. 37; 1999, c. 8, s. 17.
15.32. The function of the Fonds de la recherche en santé du Québec is to promote or provide financial support for research and for the training and advanced training of researchers in the field of health sciences.
1983, c. 23, s. 81; 1999, c. 8, s. 17.
15.33. Every Fonds shall, every year on the date fixed by the Minister, transmit to him a three-year plan of its activities. The plan must take into account the directives that the Minister may, as the case may be, give to the Fonds on its objectives and orientations.
For the first year, the plan indicates separately the amounts estimated for the management expenditures of the Fonds and the amounts estimated for each of its financial support programs. The plan is accompanied with the budgetary estimates for the two following years.
The plan is submitted to the Government for approval on the recommendation of the Minister.
The plan is tabled in the National Assembly within 15 days of its approval by the Government if the Assembly is in session or, if it is not sitting, within 15 days of the opening of the next session or resumption.
1983, c. 23, s. 83; 1985, c. 21, s. 36; 1988, c. 41, s. 53; 1993, c. 51, s. 72; 1994, c. 16, s. 17; 1999, c. 8, s. 17.
15.34. Every Fonds may, within the scope of its plan of activities approved by the Government and on the conditions it determines, grant financial support by way of subsidies and grants.
Every Fonds may also grant financial support in any other manner approved by the Government.
1983, c. 23, s. 84; 1985, c. 21, s. 33; 1999, c. 8, s. 17.
15.35. Every Fonds may make regulations concerning
(1)  the form and content of applications for financial assistance, the information they must contain and the documents which must accompany them;
(2)  the modalities and criteria governing the assessment of applications for financial support;
(3)  the scales and limits of the financial support it may give.
Every regulation made under subparagraph 3 of the first paragraph is subject to approval by the Government.
Every regulation made under this section comes into force ten days after its publication in the Gazette officielle du Québec or on any later date indicated in it.
1983, c. 23, s. 85; 1999, c. 8, s. 17.
15.36. Every Fonds may form committees responsible for the assessment of the applications for financial support that are addressed to it.
The members of such committees are not remunerated; they are, however, entitled, to the extent provided by regulation of the Government and on presentation of vouchers, to an attendance allowance and to the reimbursement of reasonable expenses incurred by them in the performance of their duties.
However, committee members delegated by departments and public agencies are not entitled to an attendance allowance.
1983, c. 23, s. 86; 1999, c. 8, s. 17.
15.37. Every Fonds may, according to law, enter into any agreement with any government other than that of Québec, any department of such a government, any international organization, or any agency of such a government or organization, in order to carry out its functions.
1983, c. 23, s. 87; 1988, c. 41, s. 54; 1999, c. 8, s. 17.
15.38. Every Fonds may adopt internal management by-laws.
1983, c. 23, s. 88; 1999, c. 8, s. 17.
15.39. In addition to its functions provided for under this division, every Fonds shall implement the financial support programs that are under its authority pursuant to another Act or, with the authorization of the Government and on the conditions it determines, the financial support programs under the authority of a department or a public agency. The Fonds shall then carry out its functions in accordance with this subdivision, wherever practicable.
1983, c. 23, s. 89; 1999, c. 8, s. 17.
15.40. In no case may a Fonds, unless authorized by the Government,
(1)  contract a loan that increases its total outstanding borrowings to more than the amount determined by the Government;
(2)  make a contract for a term or amount exceeding that determined by the Government.
No Fonds may acquire immovables.
1983, c. 23, s. 90; 1999, c. 8, s. 17.
15.41. In the pursuit of its objectives, a Fonds may, with the authorization of the Minister, enter into agreements or conventions with any person, partnership or organized body for the purpose of receiving or accepting gifts, legacies, grants or other contributions.
1987, c. 43, s. 1; 1999, c. 8, s. 17.
DIVISION III
FINANCIAL PROVISIONS
15.42. The Government may, on the conditions it determines
(1)  guarantee any loan contracted by a Fonds as well as the execution of any of its obligations;
(2)  authorize the Minister of Finance to advance to a Fonds any amount deemed necessary for the carrying out of its functions.
Any sum that the Government may be called to pay under the guarantees or to advance to a Fonds is taken out of the consolidated revenue fund.
1983, c. 23, s. 91; 1999, c. 8, s. 17.
DIVISION IV
DOCUMENTS, ACCOUNTS AND REPORTS
15.43. No deed, document or writing binds a Fonds unless it is signed by its chairman or managing director or by a member of its personnel and, in the case of such a member, only to the extent determined by regulation of the Fonds.
A Fonds may, by by-law and on the conditions it determines, allow a signature to be affixed by means of an automatic device to the documents it determines or a facsimile of a signature to be engraved, lithographed or printed on them. However, the facsimile has the same force as the signature itself only if the document is countersigned by a person authorized by the chairman of the Fonds.
Every by-law made by virtue of this section comes into force ten days after the date of its publication in the Gazette officielle du Québec or on any later date indicated in it.
1983, c. 23, s. 92; 1999, c. 8, s. 17.
15.44. A document or a copy of a document emanating from a Fonds or forming part of its records and signed or certified true by a person referred to in section 15.43 is authentic.
1983, c. 23, s. 93; 1999, c. 8, s. 17.
15.45. The fiscal year of the Fonds pour la formation de chercheurs et l’aide à la recherche ends on 31 May each year.
The fiscal year of the Fonds de la recherche en santé du Québec ends on 31 March each year.
1983, c. 23, s. 94; 1999, c. 8, s. 17.
15.46. Not later than 30 September each year, the Fonds pour la formation de chercheurs et l’aide à la recherche shall transmit to the Minister a report of activities for the preceding fiscal year.
Not later than 31 July each year, the Fonds de la recherche en santé du Québec shall transmit to the Minister a report of its activities for the preceding fiscal year.
The report must also contain all the information the Minister may prescribe.
1983, c. 23, s. 95; 1999, c. 8, s. 17.
15.47. The Minister shall table the annual report of a Fonds in the National Assembly within 30 days of receiving it if the Assembly is in session or, if it is not sitting, within 30 days after the opening of the next session or resumption.
1983, c. 23, s. 96; 1999, c. 8, s. 17.
15.48. The books and accounts of the Fonds shall be audited every year by the Auditor General and also whenever so ordered by the Government.
The auditor’s report must accompany the annual report of every Fonds.
1983, c. 23, s. 97; 1999, c. 8, s. 17.
DIVISION V
PENAL PROVISIONS
1992, c. 61, s. 263; 1999, c. 8, s. 17.
15.49. Every person who gives false or misleading information in view of obtaining or procuring financial support provided for by this Act is guilty of an offence and liable to a fine of not more than $5 000.
1983, c. 23, s. 98; 1990, c. 4, s. 386; 1999, c. 8, s. 17.
15.50. Where a corporation commits an offence against section 15.49, every director or representative of that corporation who was aware of the offence is deemed to be a party to the offence and is liable to a fine of not more than $5 000 unless he proves to the satisfaction of the court that he did not acquiesce to the commission of the offence.
1983, c. 23, s. 99; 1990, c. 4, s. 386; 1999, c. 8, s. 17.
15.51. No person found guilty of an offence against section 15.49 or 15.50, or against section 380 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) in connection with financial support contemplated under this Act, may, unless he has been pardoned, obtain financial support under this Act for a period of two years from the conviction.
1983, c. 23, s. 101; 1999, c. 8, s. 17.
CHAPTER III
AMENDING PROVISIONS
DIVISION I
INTEGRATION INTO THE ACT OF CERTAIN PROVISIONS OF THE ACT TO PROMOTE THE ADVANCEMENT OF SCIENCE AND TECHNOLOGY IN QUÉBEC AND REPEAL OF THAT ACT
16. (Amendment integrated into c. M-19.1.2, Chapter II.1, ss. 15.1-15.15).
1999, c. 8, s. 16.
17. (Amendment integrated into c. M-19.1.2, Chapter II.2, ss. 15.16-15.51).
1999, c. 8, s. 17.
18. (Omitted).
1999, c. 8, s. 18.
DIVISION II
OTHER AMENDMENTS
§ 1.  — General amendments
19. The words “of Industry, Trade, Science and Technology” are replaced by the words “of Research, Science and Technology” and the words “de l’Industrie, du Commerce, de la Science et de la Technologie” are replaced by the words “de la Recherche, de la Science et de la Technologie” in the following provisions :
(1)  (amendment integrated into c. C-51, s. 1);
(2)  (amendment integrated into c. I-3, ss. 1029.8.1, 1029.8.10, 1029.8.1, 1029.8.16);
(3)  (amendment integrated into c. C-8.1, s. 42).
1999, c. 8, s. 19.
20. The words “of Industry, Trade, Science and Technology” are replaced by the words “of Industry and Trade” and the words “de l’Industrie, du Commerce, de la Science et de la Technologie” are replaced by the words “de l’Industrie et du Commerce” in the following provisions :
(1)  (amendment integrated into c. A-12.1, s. 25);
(2)  (amendment integrated into c. A-13.1, ss. 11, 37, 39);
(3)  (amendment integrated into c. A-33.01, s. 21);
(4)  (amendment integrated into c. C-67.2, s. 328);
(5)  (amendment integrated into c. D-15.1, s. 17);
(6)  (amendment integrated into c. E-14, ss. 9.3, 17.1);
(7)  (amendment integrated into c. H-2.1, s. 38);
(8)  (amendment integrated into c. I-3, ss. 725.9, 776.1.5.3, 776.1.5.4, 965.11.7.1, 965.35, 965.36.1, 1029.8.36.5, 1029.8.36.6, 1029.8.36.7, 1029.8.36.16, 1029.8.36.20, 1029.8.36.21, 1029.8.36.22, 1029.8.36.23, 1029.8.36.54, 1029.8.36.55, 1029.8.36.56, 1049.12, 1049.13, 1049.14, 1129.14, 1130, 1137, 1137.1);
(9)  (amendment integrated into c. L-4, ss. 17,18);
(10)  (amendment integrated into c. L-6, s. 20.1.1);
(11)  (amendment integrated into c. M-5, ss. 21, 38);
(12)  (amendment integrated into c. M-17, title and ss. 1,2);
(13)  (amendment integrated into c. M-19.3, s. 9);
(14)  (amendment integrated into c. M-35.2, s. 7);
(15)  (amendment integrated into c. S-11.04, s. 35);
(16)  (amendment integrated into c. S-13, ss. 20.2, 30, 34.1, 37, 59, 61);
(17)  (amendment integrated into c. S-16.001, s. 63);
(18)  (amendment integrated into c. S-16.01, ss. 1, 20);
(19)  (amendment integrated into c. S-29.1, s. 17);
(20)  (amendment integrated into c. S-29.1, s. 17);
(21)  (amendment integrated into c. C-33.01, s. 57);
(22)  (amendment integrated into c. M-15.001, ss. 21, 40);
(23)  (amendment integrated into c. S-17.5, s. 42);
(24)  (amendment integrated into c. S-17.4, s. 45);
(25)  (amendment integrated into c. S-17.2.2., s. 45).
1999, c. 8, s. 20.
§ 2.  — Specific amendments
21. (Amendment integrated into c. A-29, s. 96).
1999, c. 8, s. 21.
22. (Amendment integrated into c. C-29, s. 17.2).
1999, c. 8, s. 22.
23. (Amendment integrated into c. E-19, s. 4).
1999, c. 8, s. 23.
24. (Amendment integrated into c. E-20.1, s. 7).
1999, c. 8, s. 24.
25. (Amendment integrated into c. I-3, s. 737.19).
1999, c. 8, s. 25.
26. (Amendment integrated into c. M-17, s. 7).
1999, c. 8, s. 26.
27. (Amendment integrated into c. M-17, s. 7.1).
1999, c. 8, s. 27.
28. (Omitted).
1999, c. 8, s. 28.
29. (Amendment integrated into c. M-19.2, s. 11.1).
1999, c. 8, s. 29.
30. (Amendment integrated into c. M-34., s. 1).
1999, c. 8, s. 30.
31. (Amendment integrated into c. S-4.2, s. 88).
1999, c. 8, s. 31.
32. (Amendment integrated into c. S-4.2, ss. 89-91).
1999, c. 8, s. 32.
33. (Amendment integrated into c. S-11.04, s. 4).
1999, c. 8, s. 33.
34. (Amendment integrated into c. S-17.2.0.1, s. 5).
1999, c. 8, s. 34.
35. (Amendment integrated into c. S-17.2.0.1, s. 33).
1999, c. 8, s. 35.
36. (Amendment integrated into c. S-17.5, s. 5).
1999, c. 8, s. 36.
37. (Amendment integrated into c. S-17.5, s. 33).
1999, c. 8, s. 37.
38. (Amendment integrated into c. S-17.4, s. 5).
1999, c. 8, s. 38.
39. (Amendment integrated into c. S-17.4, s. 33).
1999, c. 8, s. 39.
40. (Amendment integrated into c. S-17.2.2, s. 5).
1999, c. 8, s. 40.
41. (Amendment integrated into c. S-17.2.2, s. 33).
1999, c. 8, s. 41.
CHAPTER IV
TRANSITIONAL AND FINAL PROVISIONS
42. Unless otherwise indicated by the context, in any text or document, regardless of its nature or form,
(1)  a reference to the Minister or Deputy Minister of Industry, Trade, Science and Technology or the Ministère de l’Industrie, du Commerce, de la Science et de la Technologie is, according to the field concerned, a reference to the Minister or Deputy Minister of Research, Science and Technology or the Ministère de la Recherche, de la Science et de la Technologie or to the Minister or Deputy Minister of Industry and Trade or the Ministère de l’Industrie et du Commerce, according to the field concerned ;
(2)  a reference to the Act respecting the Ministère de l’Industrie, du Commerce, de la Science et de la Technologie (chapter M‐17) or to any of its provisions is, according to the field concerned, a reference to the Act respecting the Ministère de la Recherche, de la Science et de la Technologie (chapter M‐19.1.2) or to the Act respecting the Ministère de l’Industrie et du Commerce (chapter M‐17) or to the corresponding provision of either Act ;
(3)  a reference to the Act to promote the advancement of science and technology in Québec (chapter D‐9.1) or to any of its provisions is a reference to this Act or to the corresponding provision of this Act.
1999, c. 8, s. 42.
43. Agreements previously entered into by the Minister of Industry, Trade, Science and Technology in fields relating to research, science and technology are binding on the Minister of Research, Science and Technology, subject to the conditions provided therein.
Likewise, any financial assistance and subsidies previously granted in those fields are binding on the Minister of Research, Science and Technology who shall continue to manage the programs under which they were granted.
1999, c. 8, s. 43.
44. The Government shall determine, from among the members of the personnel of the Ministère de l’Industrie, du Commerce, de la Science et de la Technologie, the Ministère de la Santé et des Services sociaux and the Ministère du Conseil exécutif who perform duties relating to areas under the authority of the Minister of Research, Science and Technology, those who are to become members of the personnel of the Ministère de la Recherche, de la Science et de la Technologie.
The records and other documents of those departments shall be transferred to the Ministère de la Recherche, de la Science et de la Technologie, to the extent that they pertain to areas under the authority of the Minister.
1999, c. 8, s. 44.
45. The employees of the Fonds pour la formation de chercheurs et l’aide à la recherche or of the Fonds de la recherche en santé du Québec appointed pursuant to the Public Service Act (chapter F‐3.1.1) who acquired permanent status before 28 November 1984 or before 25 January 1984, as the case may be, may apply for a transfer to another employment in the civil service and take part in advancement competitions in accordance with the provisions of the Public Service Act. For that purpose, they retain the civil service classification they had on that date.
For the purposes of section 52 of the Public Service Act, the two Fonds are deemed to be agencies within the meaning of that Act.
1999, c. 8, s. 45.
46. Section 35 of the Public Service Act (chapter F‐3.1.1) applies to every employee referred to in section 45 who takes part in an advancement competition for an employment in the civil service.
1999, c. 8, s. 46.
47. Every employee referred to in section 45 who has been transferred to an employment in the civil service in accordance with that section may apply to the chairman of the Conseil du trésor for a readjustment of the classification of the employee within the employee’s class of employment to take into account the experience and additional years of formal training acquired while the employee was employed by the Fonds pour la formation de chercheurs et l’aide à la recherche or the Fonds de la recherche en santé du Québec.
1999, c. 8, s. 47.
48. Every employee referred to in section 45 who has been promoted in accordance with that section may, in respect of the application of the rules of classification applicable at the time of the promotion, request that the chairman of the Conseil du trésor take into account the experience and additional years of formal training acquired while the employee was employed by the Fonds pour la formation de chercheurs et l’aide à la recherche or the Fonds de la recherche en santé du Québec.
1999, c. 8, s. 48.
49. Should the Fonds pour la formation de chercheurs et l’aide à la recherche or, as the case may be, the Fonds de la recherche en santé du Québec cease its activities, every employee referred to in section 45 may either be laid off or transferred to an employment in the civil service that corresponds to the employee’s classification on 28 November 1984 or on 25 January 1984, as the case may be.
In such a case, the employee may apply to the chairman of the Conseil du trésor for a readjustment of the employee’s classification in the same manner as that provided in section 48.
1999, c. 8, s. 49.
50. Subject to the recourses which may exist pursuant to a collective agreement, every employee referred to in section 45 who is dismissed or demoted may appeal therefrom in accordance with section 33 of the Public Service Act (chapter F‐3.1.1).
1999, c. 8, s. 50.
Not in force
51. The civil servants of the Ministère de l’Éducation who on (insert here the date of coming into force of this section) became employees of the Fonds pour la formation de chercheurs et l’aide à la recherche may continue to contribute to the Civil Service Superannuation Plan or to the Government and Public Employees Retirement Plan, as the case may be, except if they decide to contribute to the supplemental pension plan of the Fonds.
1999, c. 8, s. 51.
52. The appropriations granted to a government department or body for the fiscal year 1999-2000 in relation to a responsibility assigned to the Minister of Research, Science and Technology shall, to the extent determined by the Government, be transferred to the Ministère de la Recherche, de la Science et de la Technologie.
1999, c. 8, s. 52.
53. (Omitted).
1999, c. 8, s. 53.