M-24.01, r. 3 - Terms and conditions for the signing of certain deeds, documents and writings of the Ministère des Finances

Updated to 15 June 2017

This document has official status.

chapter M-24.01, r. 3

Terms and conditions for the signing of certain deeds, documents and writings of the Ministère des Finances

Act respecting the Ministère des Finances

(chapter M-24.01, s. 11, 2nd par., s. 12).

DIVISION I GENERAL

1. A member of the personnel or the holder of a position of the Ministère des Finances performing duties provided for in these Terms and conditions is authorized to sign, within the limits of the person’s duties, alone and with the same authority as the Minister of Finance, deeds, documents and writings, in accordance with the authorizations given hereinafter.

O.C. 1312-2011, s. 1.

2. A member of the personnel or the holder of a position of the Ministère des Finances whose positions are listed in the departmental plan of delegation of powers regarding financial management, is authorized to sign the deeds, documents and writings listed in the departmental plan to the extent that the person acts within the limits of the person’s duties.

O.C. 1312-2011, s. 2.

DIVISION II SECTORIAL DEEDS, DOCUMENTS AND WRITINGS

3. An associate deputy minister, an assistant deputy minister, a director general or a director in charge of Épargne Placements Québec is authorized to sign the declarations required under a seizure in the hands of a third person under the Code of Civil Procedure (chapter C-25.01).

O.C. 1312-2011, s. 3; I.N. 2016-01-01 (NCCP).

4. A director general responsible for administration or a director responsible for human resources is authorized to sign the declarations required under a seizure in the hands of a third person of the salary or wages under the Code of Civil Procedure (chapter C-25.01) or any other law.

O.C. 1312-2011, s. 4; I.N. 2016-01-01 (NCCP).

5. An associate deputy minister or, for the sectors concerned, an assistant deputy minister or any director general is authorized to sign documents relating to the issue, amendment, renewal and revocation of a certificate, attestation or other similar document within the scope of the application of a financial assistance measure in accordance with the Act respecting international financial centres (chapter C-8.3) and the Taxation Act (chapter I-3).

O.C. 1312-2011, s. 5.

6. An associate deputy minister or an assistant deputy minister, responsible for financing, public debt management, bank transactions or financial operations and a director general, a senior director or a director responsible for bank transactions or financial operations is authorized to sign the following documents:

(1)  banking services contracts and financial services contracts;

(2)  documents relating to bank transfer orders, except documents relating to a payment out of the Consolidated Revenue Fund;

(3)  any document in support of the operations provided for in a banking services or financial services contract, except documents relating to a payment out of the Consolidated Revenue Fund;

(4)  documents relating to the opening, operation or closing of a bank account where the holder, signing officer or manager is the Minister of Finance; and

(5)  the deposit receipts issued under the Act respecting deposits with the Bureau général de dépôts pour le Québec (chapter D-5.1) and any declaration required by the application of that Act under article 711 of the Code of Civil Procedure (chapter C-25.01).

In addition to the persons referred to in the first paragraph, 2 members of the personnel under the authority of the director general, the senior director or the director responsible for bank transactions or financial operations are authorized to sign jointly the documents referred to in subparagraphs 2 and 3 of the first paragraph insofar as they are authorized for that purpose by the director to whom they report.

For the purposes of subparagraph 4, the person is authorized to sign a document only for the sector of activities under the person’s authority.

In addition to the persons referred to in the first paragraph, the person in charge of the Bureau général de dépôts pour le Québec is authorized to sign the documents referred to in subparagraph 5 of the first paragraph.

O.C. 1312-2011, s. 6; I.N. 2016-01-01 (NCCP); O.C. 488-2017, s. 10.

7. An associate deputy minister or an assistant deputy minister, responsible for financing, public debt management, bank transactions or financial operations, as well as a director general, a senior director or a director of financing is authorized to sign the following documents:

(1)  documents relating to the authorizations provided for in sections 15, 15.3 and 15.4 of the Act respecting municipal debts and loans (chapter D-7) and section 289 of the Education Act (chapter I-13.3); and

(2)  documents relating to the power to approve or determine the terms of the loans ordered by municipalities and other municipal bodies and the authorizations required under section 123 of the Act respecting public transit authorities (chapter S-30.01).

O.C. 1312-2011, s. 7.

8. An associate deputy minister or an assistant deputy minister, responsible for financing, public debt management, bank transactions or financial operations, as well as a director general, a senior director or a director of the sector of activities related to the Financing Fund is authorized to sign the following documents:

(1)  documents relating to loans granted by the Minister of Finance from the Financing Fund and documents relating to other activities related to the Fund; and

(2)  documents relating to the management of the money making up the Financing Fund.

In addition to the persons referred to in the first paragraph, 2 members of the personnel under the authority of the director general, the senior director or the director responsible for the sector of activities related to the Financing Fund are also authorized to sign jointly the documents referred to in the first paragraph insofar as they are authorized for that purpose by the director to whom they report.

Subparagraph 2 of the first paragraph ceases to have effect on 1 April 2012.

O.C. 1312-2011, s. 8.

9. An associate deputy minister or an assistant deputy minister, for his or her sector of activities, or a director general of the administration sector, for all the department’s sectors of activities, is authorized to sign documents relating to the management of the money making up a special fund, other than the Financing Fund, established under an Act or an order in council made under section 46 of the Financial Administration Act (chapter A-6.001) and, where the fund is established at the Ministère des Finances, documents relating to the activities related to such a fund.

The provisions concerning the signing of documents relating to the management of the money making up a special fund cease to have effect on 1 April 2012.

O.C. 1312-2011, s. 9.

DIVISION III MISCELLANEOUS

10. An associate deputy minister, an assistant deputy minister or the Comptroller of Finance, for his or her section of activities, a director general responsible for administration or a director responsible for the secretariat of the department, for all the department’s sector of activities, is authorized to certify true every document or copy of a document emanating from the department or forming part of its records.

O.C. 1312-2011, s. 10.

11. The signature of the Minister of Finance or the Deputy Minister of the Ministère des Finances, in office on the date of the signature, may be affixed on a deed, a document or any other writing by means of an automatic device or electronic process. The same applies to the signature of a member of the personnel or the holder of a position of the Ministère des Finances, to the extent provided for in the departmental plan of the delegation of powers regarding financial management.

A facsimile of the signature of the Minister of Finance or the Deputy Minister of the Ministère des Finances may also be engraved, lithographed, printed or otherwise reproduced. Except in the cases of cheques, the facsimile signature is authenticated by the countersignature of an associate deputy minister, an assistant deputy minister or a director general of the sector of activities concerned by the deed, document or other writing.

O.C. 1312-2011, s. 11.

REFERENCES

O.C. 1312-2011, 2011 G.O. 2, 3746

S.Q. 2016, c. 7, s. 183

O.C. 488-2017, 2017 G.O. 2, 1429