S-8, r. 6 - By-law respecting the delegation of powers and signing of certain documents of the Société d’habitation du Québec

Updated to 1 September 2012

This document has official status.

chapter S-8, r. 6

By-law respecting the delegation of powers and signing of certain documents of the Société d’habitation du Québec

Act respecting the Société d’habitation du Québec

(chapter S-8, ss. 15.1 and 86, 1st par., subpar. l).

DIVISION I GENERAL

1. The exercise of the powers assigned to the Société d’habitation du Québec by the Act respecting the Société d’habitation du Québec (chapter S-8) is delegated to the president and chief executive officer, to the secretary and to a member of its personnel to the extent provided for in sections 5 to 23.

O.C. 419-2006, s. 1.

2. The persons referred to in sections 5 to 23 are also authorized to sign all the documents they are empowered to approve or to which they can give effect on behalf of the Société.

O.C. 419-2006, s. 2.

3. Should one of the delegates be absent or unable to act, the delegation of powers and signing are exercised by the delegate’s substitute.

O.C. 419-2006, s. 3.

4. The delegations of powers and signing may be exercised by the superior of each delegate.

O.C. 419-2006, s. 4.

DIVISION II SPECIAL PROVISIONS

§ 1 . — President and chief executive officer and secretary

5. The president and chief executive officer and the secretary are authorized to approve

(1)  supply contracts, construction contracts and services contracts;

(2)  deeds of acquisition or alienation of immovables;

(3)  transactions and related documents;

(4)  the other documents referred to in this By-law;

(5)  any agreement with a government, a department or body of that government or with an international organization or one of its agencies;

(6)  any additional required assistance equal to or greater than 5 % of the eligible costs for carrying out a project in difficulty within social and community housing programs; and

(7)  any change to the major repairs and capital budget of a body that manages more than 1,000 dwellings, where the change is equal to or greater than $2,000,000.

The president and chief executive officer and the secretary are also authorized to give the notices, authorizations and approvals required under sections 57, 73 and 81 of the Act.

O.C. 419-2006, s. 5; O.C. 601-2009, s. 1.

§ 2 . — Vice-presidents

6. Vice-presidents are authorized, within the scope of their responsibilities, to approve

(1)  supply contracts and services contracts for less than $500,000;

(2)  construction contracts for less than $3,000,000;

(3)  deeds of acquisition or alienation of immovables, for less than $3,000,000, and deeds of lease;

(4)  documents relating to loans, investments, hypothecary or bond loans, and loans by notes, bonds or other securities, instruments and contracts of a financial nature;

(5)  loan guarantees to be carried out within social and community housing programs for projects in an amount equal to or greater than $5,000,000;

(6)  final undertakings for projects to be carried out within social and community housing programs;

(7)  the master budget of housing improvement programs and budget allocations to municipalities that have affirmed their jurisdiction as well as changes in those budget allocations in an amount equal to or greater than $500,000;

(8)  budget allocations relating to programs of assistance to the industry and to community or social initiatives;

(9)  terms of payment and use of financial assistance, authorization of payment, advance of funds or contributions to the management of programs, certificates of special assistance and remissions granted for any financial assistance equal to or greater than $25,000;

(10)  any additional required assistance less than 5% of the eligible costs for carrying out a project in difficulty within social and community housing programs;

(11)  any change to the major repairs and capital budget of a body that manages more than 1,000 dwellings, where the change is less than $2,000,000;

(12)  any tender document and any agreement incidental to liability insurance coverage of housing bureaus, cooperatives, non-profit organizations and the Société d’habitation du Québec;

(13)  any acquisition or alienation of immovables and any loan referred to in section 57 of the Act, for less than $5,000,000, and any lease provided for in that section;

(14)  documents relating to deeds of hypothecary security, deeds of cession of hypothecary rank, deeds of authorization to alienate, deeds of correction or amendment and other similar deeds for any housing project, within social and community housing programs, in an amount equal to or greater than $5,000,000;

(15)  any agreement with a department or body of the Gouvernement du Québec;

(16)  any directive or circular issued by the Société d’habitation du Québec;

(17)  any constitution of real rights in an immovable;

(18)  any agreement on services offered by a housing bureau to a housing agency;

(19)  deeds or documents relating to objections to municipal assessment;

(20)  deeds of renunciation of stenographic recording and of the right of review, negotiations by mutual agreement, and any document relating to the withdrawal of complaints in matters of municipal assessment.

Vice-presidents are also authorized to give the notices, authorizations and approvals under sections 52, 54, 55, 56, 68.1, 68.3 and 68.4 of the Act.

Subparagraph 9 of the first paragraph does not apply to programs for which a specific delegation has been provided for in this By-law.

O.C. 419-2006, s. 6; O.C. 601-2009, s. 2; S.Q. 2011, c. 16, s. 244; O.C. 1122-2011, ss. 1 and 30.

§ 3 . — Powers of directors and certain members of the personnel

O.C. 419-2006, Sd. 3; O.C. 1122-2011, s. 2.

7. Directors are authorized, for their sector of activities, to approve supply contracts and services contracts for less than $25,000.

Directors are also authorized, for their sector of activities and within programs they manage respectively, to approve the terms of payment and use of financial assistance, authorization of payment, advance of funds or contributions to the management of programs, certificates of special assistance and remissions granted for any financial assistance less than $25,000.

Directors are also authorized to approve and sign any confirmation, authorization or document required to give full effect to their programs.

This section does not apply to programs for which a specific delegation has been provided for in this By-law.

O.C. 419-2006, s. 7.

8. Service heads in each branch are authorized, for their sector of activities, to approve supply contracts and services contracts for less than $5,000.

O.C. 419-2006, s. 8; O.C. 1122-2011, s. 3.

8.1. Employees are authorized, for their sector of activities, to approve supply contracts and services contracts for less than $300.

O.C. 1122-2011, s. 4.

8.2. The director general in charge of financial and material management, within the scope of the director general’s responsibilities, may exercise the powers provided for in section 6.

O.C. 1122-2011, s. 6.

§ 4 . — Specific powers of certain directors and members of the personnel

I. Financial and material management

9. The director in charge of financial management is authorized, within the scope of the director’s responsibilities, to approve

(1)  (paragraph revoked);

(2)  documents relating to investments, hypothecary or bond loans and loans by notes, bonds or other securities, instruments and contracts of a financial nature; and

(3)  deeds of discharge or release, as well as any document relating to those deeds.

O.C. 419-2006, s. 9; O.C. 1122-2011, s. 7.

9.1. (Revoked).

O.C. 601-2009, s. 3; O.C. 1122-2011, s. 8.

9.2. (Revoked).

O.C. 601-2009, s. 3; O.C. 1122-2011, s. 8.

9.3. Service heads under the authority of that director are authorized, within the scope of their responsibilities, to approve documents relating to short-term investments for less than $30,000,000, hypothecary or bond loans and loans by notes, bonds or other securities, instruments and contracts of a financial nature.

O.C. 1122-2011, s. 9.

9.4. The professional in charge of financing is authorized, within the scope of the professional’s responsibilities, to approve documents relating to hypothecary or bond loans and loans by notes, bonds or other securities, instruments and contracts of a financial nature.

O.C. 1122-2011, s. 9.

9.5. The director in charge of material management is authorized, within the scope of the director’s responsibilities, to approve supply contracts, construction contracts and services contracts for less than $100,000.

O.C. 1122-2011, s. 9.

10. Employees under the authority of that director are authorized, for their sector of activities, to approve supply contracts and services contracts for less than $500.

O.C. 419-2006, s. 10.

II. Legal affairs

11. The director in charge of legal affairs is authorized to approve, for all the activities of the Société,

(1)  deeds of discharge or release, as well as any document relating to those deeds;

(2)  transactions, total or partial renunciations of a judgment and any document relating to those deeds if the value of the amount in dispute is less than $100,000, including principal, interest and costs; and

(3)  notices of the transfer of authority relating to immovables of the Société.

O.C. 419-2006, s. 11; O.C. 1122-2011, s. 11.

12. Advocates under the authority of that director are authorized to approve the documents referred to in paragraph 2 of section 11 if the value of the amount in dispute is less than $10,000, including principal, interest and costs.

O.C. 419-2006, s. 12.

13. Notaries under the authority of that director are authorized to approve documents relating to cadastral amendments and boundary determination.

O.C. 419-2006, s. 13; O.C. 1122-2011, s. 13.

II.I Native affairs

O.C. 601-2009, s. 4; O.C. 1122-2011, s. 14.

13.1. The director in charge of Native affairs may, for the programs the director manages, exercise the powers provided for in sections 14, 18, 18.1 and 21.

O.C. 601-2009, s. 4; O.C. 1122-2011, s. 15.

13.2. Service heads under the authority of that director may, for their sector of activities, exercise the powers provided for in sections 15, 19 and 22.

O.C. 601-2009, s. 4.

13.3. Management advisers under the authority of that director may, for their sector of activities, exercise the powers provided for in section 16.

O.C. 601-2009, s. 4; O.C. 1122-2011, s. 16.

13.4. Project heads under the authority of that director may, for their sector of activities, exercise the powers provided for in section 23.

O.C. 601-2009, s. 4.

III. Housing improvement

14. The director in charge of housing improvement is authorized to approve, for the programs the director manages,

(1)  any agreement with a mandatary or partner and with a body or person to manage, in whole or in part, a program and subdelegation of part of a program to a third party;

(2)  any amendment to budget allocations to municipalities that have affirmed their jurisdiction, for less than $500,000;

(3)  terms of payment and use of financial assistance for less than $500,000, as well as all confirmations, authorizations and other documents required to give full effect to the programs;

(4)  documents relating to deeds of hypothecary security, deeds of cession of hypothecary rank, deeds of authorization to alienate, deeds of correction or amendment and other similar deeds;

(5)  deeds of discharge or release, as well as any document relating to those deeds; and

(6)  transactions and any document relating to those deeds if the value of the amount in dispute is less than $100,000, including principal, interest and costs.

The director is also authorized, for the programs the director manages, to give the authorizations and approvals required under sections 3.1.1, 51 and 53 of the Act.

O.C. 419-2006, s. 14; O.C. 1122-2011, ss. 18 and 30.

15. The director in charge of renovation and residential adaptation is authorized, for the director’s sector of activities, to approve

(1)  terms of payment and use of financial assistance of less than $100,000, as well as all confirmations, authorizations and other documents required to give full effect to the programs; and

(2)  any amendment to budget allocations to municipalities that have affirmed their jurisdiction, for less than $100,000.

O.C. 419-2006, s. 15; O.C. 1122-2011, s. 19.

16. Advisers under the authority of that director are authorized, for their sector of activities, to approve terms of payment and use of financial assistance of less than $25,000, as well as all confirmations, authorizations and other documents required to give full effect to the program.

O.C. 419-2006, s. 16; O.C. 1122-2011, s. 20.

IV. Social housing

17. (Revoked).

O.C. 419-2006, s. 17; O.C. 601-2009, s. 6.

18. The director general in charge of social housing is authorized, within the scope of the director general’s responsibilities, to approve

(1)  (subparagraph revoked);

(2)  (subparagraph revoked);

(3)  any loan referred to in section 57 of the Act, for less than $500,000;

(4)  (subparagraph revoked);

(5)  construction contracts for less than $100,000;

(6)  any agreement with a municipality, person or body;

(7)  (subparagraph revoked);

(8)  (subparagraph revoked);

(9)  (subparagraph revoked).

The director is also authorized to give the authorizations and approvals required under sections 3.1.1, 51, 53 and 68.6 of the Act.

O.C. 419-2006, s. 18; O.C. 601-2009, s. 7; S.Q. 2011, c. 16, s. 229; O.C. 1122-2011, s. 22.

18.1. Directors under the authority of that director general are authorized, within the scope of their responsibilities, to approve

(1)  the annual budget, supplementary estimates, budget allocations and audited financial statements of bodies that manage 1,000 dwellings or less;

(2)  any loan referred to in section 57 of the Act, for less than $300,000;

(3)  the use by cooperatives, non-profit organizations or housing bureaus of their reserves, for any amount equal to or greater than $35,000;

(4)  operating agreements and any decision to give effect to the agreements and any deed incidental thereto;

(5)  deeds of servitude;

(6)  documents relating to deeds of hypothecary security, deeds of cession of hypothecary rank, deeds of authorization to alienate, deeds of correction or amendment and other similar deeds for any housing project carried out within social and community housing programs for less than $5,000,000;

(7)  deeds of discharge or release, as well as any document relating to those deeds for projects carried out within social and community housing programs;

(8)  loans made pursuant to section 3.4.1 of the Act, to bodies that manage 1,000 dwellings or less;

(9)  budgetary amendments relating to the payment of the consideration to be paid by housing bureaus and other non-profit organizations determined by regulation pursuant to the Act.

O.C. 1122-2011, s. 23.

19. Service or division heads under the authority of one of those directors are authorized, for their sector of activities, to approve

(1)  the annual budget, budget allocations and audited financial statements of bodies that manage fewer than 100 dwellings;

(2)  (paragraph revoked);

(3)  (paragraph revoked);

(4)  any loan referred to in section 57 of the Act, for less than $35,000;

(5)  any form established and by-law made by the lessor pursuant to section 86 of the Act; and

(6)  the use by cooperatives, non-profit organizations or housing bureaus of their reserves, for less than $35,000.

O.C. 419-2006, s. 19; O.C. 1122-2011, s. 24.

20. (Revoked).

O.C. 419-2006, s. 20; O.C. 1122-2011, s. 25.

V. Community housing

21. The director in charge of community housing is authorized, within the scope of the director’s responsibilities, to approve

(1)  conditional undertakings and documents relating to start-up loans and any deed incidental thereto for projects to be carried out within social and community housing programs;

(2)  operating agreements for projects to be carried out by cooperatives, non-profit organizations or housing bureaus within social and community housing programs and any deed incidental thereto;

(3)  loan guarantees for projects for less than $5,000,000;

(4)  any agreement with municipalities and with a person or body;

(5)  documents relating to deeds of hypothecary security, deeds of cession of hypothecary rank, deeds of authorization to alienate, deeds of correction or amendment and other similar deeds for any housing project for less than $5,000,000; and

(6)  deeds of discharge or release, as well as any document relating to those deeds.

The director is also authorized, for the programs the director manages, to give the authorizations and approvals required under sections 3.1.1, 51 and 53 of the Act.

O.C. 419-2006, s. 21; O.C. 1122-2011, ss. 27 and 30.

22. The director in charge of project development is authorized, for the director’s sector of activities, to approve conditional undertakings and documents relating to start-up loans for any housing project for less than $2,500,000 and any deed incidental thereto.

O.C. 419-2006, s. 22; O.C. 1122-2011, s. 28.

22.1. Division heads under the authority of that director are authorized, for their sector of activities, to approve conditional undertakings and documents relating to start-up loans for any housing project for less than $1,250,000 and any deed incidental thereto.

O.C. 1122-2011, s. 29.

23. Project heads under the authority of that director are authorized, for their sector of activities, to approve documents relating to disbursements or lines of credit for projects to be carried out by cooperatives, non-profit organizations or housing bureaus within social and community housing programs.

O.C. 419-2006, s. 23.

DIVISION III MISCELLANEOUS AND FINAL

24. The signatures of the president and chief executive officer and of the vice-president designated by the Government under section 13.1 of the Act may be affixed by means of an automatic device. A facsimile of such a signature may be engraved, lithographed or printed on cheques, drafts, notes, bills of exchange, bonds or other negotiable instruments.

O.C. 419-2006, s. 24.

25. This By-law replaces the By-law respecting the delegation of powers and signing of certain documents of the Société d’habitation du Québec (O.C. 1505-97, 97-11-26).

O.C. 419-2006, s. 25.

26. (Omitted).

O.C. 419-2006, s. 26.

REFERENCES

O.C. 419-2006, 2006 G.O. 2, 1620

O.C. 601-2009, 2009 G.O. 2, 1803

S.Q. 2011, c. 16, ss. 229 and 244

O.C. 1122-2011, 2011 G.O. 2, 3267