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A-17
- Act respecting family assistance allowances
Table of contents
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Current Version
Full text
Updated to 1 April 2011
This document has official status.
chapter
A-17
Act respecting family assistance allowances
FAMILY ASSISTANCE ALLOWANCES
04
April
06
6
1989
04
April
06
6
1989
The Act respecting family assistance allowances (
chapter A-17
) was replaced by the Act respecting family benefits (
chapter P-19.1
) on 1 September 1997; however, the Act respecting family assistance allowances (
chapter A-17
) continues to apply with regard to the payment of allowances for newborn children under sections 8 to 12.1 of that Act in respect of children who, on 30 September 1997, give or have given rise to entitlement to such allowances and in respect of children placed for adoption in a family before 1 October 1997, even if, in the latter case, the required adoption judgment has yet to be pronounced (1997, c. 57, s. 61, s. 80).
1989, c. 4, s. 1
.
DIVISION
I
SCOPE
1989, c. 4, s. 2
.
1
.
The allowances referred to in this Act are the family assistance allowances provided for in Division II.
Family assistance allowances are granted by the Régie des rentes du Québec, hereinafter called “the Board”, in accordance with the formalities set out in section 27.2. They constitute the advance allowance referred to in section 1056.1 of the Taxation Act (
chapter I-3
) and are deemed to be paid by the Minister of Revenue pursuant to that section.
Allowances must be used for the welfare of the child in whose respect they are paid and of his family.
1973, c. 36, s. 1; 1977, c. 5, s. 14
;
1982, c. 17, s. 36
;
1986, c. 103, s. 1
;
1989, c. 4, s. 2
;
1993, c. 63, s. 1
.
2
.
A family is composed of spouses and of the children cared or provided for by at least one of the spouses, or of a person without a spouse and the children he or she cares or provides for. The conditions on which a person shall be considered, for the purposes of this Act, to be caring or providing for a child shall be determined by regulation.
A person or family to whom a child is entrusted under the Act respecting health services and social services (
chapter S-4.2
), the Act respecting health services and social services for Cree Native persons (
chapter S-5
), the Youth Protection Act (
chapter P-34.1
) or the Young Offenders Act (Revised Statutes of Canada, 1985, chapter Y-1) shall not be considered as a family within the meaning of this Act in respect of the child.
For the purposes of this Act, in establishing the rank of children in a family, account shall be taken only of those children who give entitlement to a family allowance, from the eldest to the youngest.
1973, c. 36, s. 2
;
1986, c. 103, s. 2
;
1989, c. 4, s. 2
;
1992, c. 21, s. 85
;
1994, c. 23, s. 23
.
3
.
The word “spouses” means persons married to each other who cohabit or persons who live together as husband and wife.
Such persons remain spouses even if they temporarily cease to cohabit. The maximum period of cessation of cohabitation regarded as temporary and the circumstances in which that time limit does not apply shall be determined by regulation.
1973, c. 36, s. 3
;
1981, c. 25, s. 6
;
1989, c. 4, s. 2
.
DIVISION
II
FAMILY ASSISTANCE ALLOWANCES
1989, c. 4, s. 2
.
§
1
. —
Family allowance
1989, c. 4, s. 2
.
4
.
Every family is entitled to a monthly family allowance in respect of each unmarried child under 18 years of age who has or is deemed to have, within the meaning of the regulations, his principal residence in Québec.
The allowance granted shall be determined according to a scale of amounts established by regulation on the basis of one or more of the following factors:
(
1
)
the number of children in the family who give entitlement to a family allowance;
(
2
)
the age of the child in whose respect the allowance is applied for;
(
3
)
the rank of the child in the family.
The amount of the allowance shall be established monthly, on the basis of the prescribed factors as they stand on the last day of the month for which the allowance is payable.
1973, c. 36, s. 4; 1974, c. 58, s. 1; 1976, c. 15, s. 1
;
1977, c. 45, s. 1; 1977, c. 46, s. 1
;
1979, c. 60, s. 1
;
1981, c. 25, s. 7
;
1989, c. 4, s. 2
;
1990, c. 37, s. 1
.
§
2
. —
Allowance for handicapped children
1989, c. 4, s. 2
.
5
.
Every family is entitled to a monthly allowance, in the amount prescribed by regulation, in respect of each child who is a handicapped child within the meaning of the regulations and in whose respect a family allowance is payable.
To ascertain whether a child is handicapped, the Board may require that the child be examined by the physician or expert it designates. If the family fails to comply with the requirement, the allowance shall not be granted or, if it has already been granted, shall cease to be paid from the month following the month during which the examination should have been made.
1973, c. 36, s. 5; 1976, c. 15, s. 2
;
1981, c. 25, s. 8
;
1989, c. 4, s. 2
.
6
.
The allowance for handicapped children shall be paid in the month following any month for which it is payable.
1973, c. 36, s. 6
;
1986, c. 103, s. 3
;
1989, c. 4, s. 2
.
§
3
. —
Allowance for young children
1989, c. 4, s. 2
.
7
.
Every family is entitled to a monthly allowance in respect of each child under six years of age giving entitlement to a family allowance.
The allowance granted shall be determined according to a scale of amounts established by regulation on the basis of one or both of the following factors:
(
1
)
the number of children in the family who give entitlement to a family allowance;
(
2
)
the rank of the child in whose respect the allowance is applied for.
The amount of the allowance shall be established monthly, on the basis of the factors provided in the second paragraph as they stand on the last day of the month for which the allowance is payable.
1973, c. 36, s. 7
;
1989, c. 4, s. 2
;
1990, c. 37, s. 2
.
§
4
. —
Allowances for newborn children
1989, c. 4, s. 2
.
8
.
Every family is entitled to an allowance, in the amount prescribed by regulation, upon the birth of a first or second child, or upon the adoption of a child of that rank if he is placed for adoption in the family before the age of five. To become entitled to an allowance for newborn children, a family must first be entitled to a family allowance in respect of the new child for the month of his birth or, in the case of an adoption, for the month of his placement in the family.
The allowance for newborn children is payable in a lump sum in the month following the month of the child’s birth or following the month during which the adoption judgment is pronounced, as the case may be.
1973, c. 36, s. 8
;
1989, c. 4, s. 2
;
1993, c. 63, s. 2
.
8.1
.
Every family including two or more children giving entitlement to a family allowance is entitled to an allowance in the amount prescribed by regulation in respect of the child ranking second in the family on his first birthday or, if he has been placed for adoption in the family before the age of five, on the first anniversary of the adoption judgment. To become entitled to an allowance under this section, a family must first be entitled to a family allowance in respect of that child for the month of the birthday or anniversary or for the preceding month.
An allowance under this section is payable in a lump sum in the month following the month of the birthday or anniversary.
1990, c. 37, s. 3
;
1993, c. 63, s. 3
.
8.1.1
.
Every family in which the child ranking second, not more than two months before the month of the birthday or anniversary referred to in section 8.1, either becomes the first child in the family by reason of the death of another child or dies, continues to be entitled to the allowance for newborn children under section 8.1 provided that it was entitled to a family allowance in respect of the child for the month preceding the birthday or anniversary or preceding the death, and that the person who received the allowance has his principal residence in Québec in the month of the birthday or anniversary.
1993, c. 63, s. 4
.
8.2
.
The allowance provided for in section 8 and that provided for in section 8.1 shall not again be granted in respect of a child who becomes, by adoption, the first or second child in a family if one of the spouses has at any time been a member of a family having been entitled to such an allowance in respect of that child.
1990, c. 37, s. 3
.
9
.
Every family including three or more children giving entitlement to a family allowance is entitled, in respect of the third and each subsequent child under five years of age giving entitlement to a family allowance, to a quarterly allowance in the amount prescribed by regulation.
The first quarter serving as a basis for the payment of the allowance begins with the first month following the month of the child’s birth.
The allowance is payable, in the case of the birth of a child, from the quarter beginning with the month following the month of his birth and, in every other case, from the quarter following the quarter during which the child becomes the third or a subsequent child in the family.
Except in the cases referred to in section 9.1, the allowance is not payable for a particular quarter if a family allowance is not payable in respect of the child for the month preceding the first month of the quarter or if on the last day of the preceding quarter, the child had changed rank and become the first or second child in the family. The allowance shall cease to be paid from the quarter following the quarter during which the child reaches five years of age.
However, if a child becomes the third or a subsequent child in another family during the quarter during which he reaches five years of age, his new family is entitled to a single quarterly amount which shall be paid in the month following the month during which he reaches five years of age.
1973, c. 36, s. 9
;
1981, c. 25, s. 9
;
1989, c. 4, s. 2
;
1990, c. 37, s. 4
;
1990, c. 72, s. 1
;
1991, c. 66, s. 1
;
1993, c. 63, s. 5
.
9.1
.
Every family in which a third or subsequent child, during the second or third month of a given quarter, either becomes the first or second child of the family by reason of the death of another child or dies, continues to be entitled to the payment of the allowance referred to in section 9 for the following quarter provided that it was entitled to a family allowance in respect of the child for the last month of the quarter concerned or for the month preceding the child’s death and that the person who received the allowance has his principal residence in Québec in the last month of the quarter concerned.
However, the first paragraph does not apply to a child who becomes the second child in the family on a date prior to the date of the birthday or anniversary referred to in section 8.1; in such a case, if the family has been entitled to only one quarterly payment in respect of that child, section 11 applies as if the change in rank occurred for a cause other than the death of another child in the family.
1993, c. 63, s. 6
.
10
.
The maximum amount of allowances for newborn children payable in respect of a child shall be prescribed by regulation.
1973, c. 36, s. 10
;
1989, c. 4, s. 2
;
1990, c. 37, s. 5
.
11
.
A family which, for a newborn child or a child placed for adoption, has been entitled only to a single quarterly allowance payment by reason of
(
1
)
the child’s death in the first month of the quarter,
(
2
)
the child’s becoming the first child in the family as a result of the death of another child in the family during the same month,
(
3
)
the child’s becoming the first or second child in the family for a reason other than the death of a child, or
(
4
)
the child’s reaching five years of age, in the case of a child placed for adoption,
is entitled to the allowance provided for in section 8, less the quarterly allowance already received, provided that the person who received the allowance has his principal residence in Québec in the last month of the quarter concerned.
The allowance shall be paid in the quarter following the quarter in which the child died or his rank changed or, in the case of a child placed for adoption, following the quarter in which the adoption judgment is pronounced; however, in the case of a child placed for adoption who reaches five years of age, the allowance shall be paid in the month following the month in which the child reaches that age or following the month in which the adoption judgment is pronounced, where that occurs after the child reaches five years of age.
1973, c. 36, s. 11; 1974, c. 58, s. 2
;
1989, c. 4, s. 2
;
1990, c. 37, s. 6
;
1993, c. 63, s. 7
.
11.1
.
A family which, for a third or subsequent child placed for adoption, has been entitled to only one or two quarterly allowance payments for newborn children by reason of the child’s reaching five years of age, is entitled to the allowance provided for in section 8.1 provided that the child is the third or subsequent child in the family on the date of the first anniversary of the adoption judgment and that the family is entitled, in respect of that child, to a family allowance for the month of that anniversary or for the preceding month. However, in the case of a family which has received two quarterly payments, the allowance is reduced to an amount representing the difference between the sum of the allowances provided for in sections 8 and 8.1 and the sum of the quarterly allowances already received.
An allowance under this section is payable in a lump sum in the month following the month of the anniversary concerned.
1993, c. 63, s. 8
.
12
.
No allowance for newborn children is granted unless the person who cares or provides for a child, or his spouse, is a Canadian citizen or a permanent resident of Canada within the meaning of the Immigration Act (Revised Statutes of Canada, 1985, chapter I-2).
No allowance for newborn children is payable in respect of a child who is placed pursuant to the Youth Protection Act (
chapter P-34.1
), the Act respecting health services and social services (
chapter S-4.2
) or the Act respecting health services and social services for Cree Native persons (
chapter S-5
).
1974, c. 58, s. 2
;
1986, c. 103, s. 4
;
1989, c. 4, s. 2
;
1992, c. 21, s. 86
;
1994, c. 23, s. 23
.
§
5
. —
Miscellaneous provisions
1989, c. 4, s. 2
.
12.1
.
For the purposes of this division, a child who dies during the month of his birth shall be regarded as present in the family on the last day of that month.
1989, c. 61, s. 1
.
13
.
No allowance, except the allowance for newborn children payable under section 8 in the case of the adoption of a child, shall be granted for any month preceding by more than 11 months the month during which an allowance is applied for.
Any change in the amount of a family allowance, allowance for young children or allowance for newborn children has effect from the month or quarter following the month or quarter during which the event entailing the change occurs in the family concerned.
1973, c. 36, s. 12
;
1989, c. 4, s. 2
.
DIVISION
III
PAYMENT AND RECOVERY OF ALLOWANCES
1989, c. 4, s. 2
.
14
.
Family assistance allowances shall be paid to the person who cares for the child, in the manner prescribed by regulation and in the following order of priority:
(
1
)
the mother;
(
2
)
the father or, if he consents thereto, his spouse.
If the child is cared for by none of the persons listed above, the allowances shall be paid to the person who provides for the child.
Where the person to whom the allowances are paid is not capable of administering them or does not use them for the welfare of the child or of his family, the Board may pay the allowances to another person it designates. The designated person shall administer the allowances according to the rules prescribed by regulation and shall, on request, render an account of his administration to the Board.
Subject to the first paragraph of section 12, the persons referred to in the preceding paragraphs must have or be deemed to have, within the meaning of the regulations, their principal residence in Québec in order to receive the allowances.
1973, c. 36, s. 13
;
1986, c. 103, s. 5
;
1989, c. 4, s. 2
.
15
.
Where a family ceases to be entitled to an allowance or where the person who receives the allowance is not entitled to receive it, the person who receives the allowance must notify the Board in writing without delay.
1974, c. 58, s. 3
;
1989, c. 4, s. 2
.
16
.
Any person who receives an allowance to which he is not entitled or who uses an allowance for another purpose than the welfare of the child or of his family, must repay the amount received.
However, where the allowance should have been paid to another person, the payment shall be regarded as validly made if the allowance has been used for the welfare of the child or of his family.
1977, c. 45, s. 2
;
1986, c. 103, s. 6
;
1989, c. 4, s. 2
.
16.1
.
Any allowance paid where it was not due may be recovered as a debt due to the public treasury.
The allowance may also be recovered by way of a deduction from future allowances payable to the person who received it; however, the deduction shall not exceed the percentage prescribed by regulation unless the debtor consents thereto.
The Board may grant the release of a debt, up to the amount prescribed by regulation, in respect of any allowance paid where it was not due if the Board is of the opinion that it cannot be recovered in light of the circumstances.
1989, c. 4, s. 2
.
16.2
.
Entitlement to any allowance granted by the Board which has not been paid to the person entitled to it for a reason attributable to him, including, but not limited to, failure to report his new address or to cash a cheque he received, is prescribed by five years from the last day of the month in which the payment should have been made.
However, where the allowance cheque was issued after the end of the month in which it should have been issued, the prescription period of five years runs from the date of the notice of the decision confirming entitlement to the allowance.
1989, c. 4, s. 2
.
16.3
.
Allowances are unassignable and unseizable. They do not become part of the patrimony of the person who receives them.
1989, c. 4, s. 2
.
DIVISION
IV
REVIEW AND PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC
1997, c. 43, s. 28
.
17
.
Every person who feels wronged because an allowance has not been granted to him in accordance with this Act may apply to the Board to have it review the decision rendered by it.
1973, c. 36, s. 14
.
18
.
An application for review shall be made within 90 days after the date of notice to the applicant of the decision he applies to have reviewed. The Board may, however, allow the applicant to present his application for review after such time if he shows that in fact it was impossible for him to act sooner.
The application for review must contain a summary statement of the reasons invoked.
1973, c. 36, s. 15
;
1997, c. 43, s. 29
.
19
.
Upon receipt of the application for review, the Board must verify the facts and circumstances of the case, analyse the reasons invoked and render its decision within 90 days of receipt of the application for review. It must immediately notify in writing the person concerned of the decision rendered, the grounds on which it is based, the right of such person to contest the decision and the time for bringing a proceeding.
1973, c. 36, s. 16
;
1997, c. 43, s. 30
.
20
.
Every person contemplated in section 17 who is not satisfied with a decision rendered under section 19 may, within 60 days of notification of the decision, contest the decision before the Administrative Tribunal of Québec.
1973, c. 36, s. 17; 1974, c. 39, s. 63; 1977, c. 5, s. 14
;
1997, c. 43, s. 31
.
DIVISION
V
INFORMATION
21
.
Subject to section 71 of the Tax Administration Act (
chapter A-6.002
), the functionaries and employees of the Government and of the Board and other persons participating in the carrying out of this Act must not disclose, otherwise than in accordance with article 308 of the Code of Civil Procedure (
chapter C-25
), information obtained for the carrying out of this Act.
1973, c. 36, s. 21; 1974, c. 39, s. 66; 1977, c. 5, s. 14
;
2010, c. 31, s. 175
.
22
.
Section 21 shall not prohibit the disclosure for statistical purposes of the information obtained for the carrying out of this Act, provided that it cannot be connected with any particular person.
It does not apply to the information given in accordance with the conditions and formalities prescribed by the Act respecting Access to documents held by public bodies and the Protection of personal information (
chapter A-2.1
) to the Minister of Employment and Social Solidarity by the Board nor to judicial proceedings relating to the application of this Act.
The Board may in accordance with the conditions and formalities prescribed by the Act respecting Access to documents held by public bodies and the Protection of personal information furnish information obtained under this Act to any department or agency under the jurisdiction of the Gouvernement du Québec.
1973, c. 36, s. 22; 1975, c. 17, s. 1; 1977, c. 5, s. 14
;
1981, c. 9, s. 35
;
1982, c. 53, s. 57
;
1986, c. 95, s. 14
;
1990, c. 57, s. 42
;
1992, c. 44, s. 81
;
1994, c. 12, s. 67
;
1997, c. 63, s. 128
;
2001, c. 44, s. 30
.
23
.
An agreement may be made by the Minister of Employment and Social Solidarity or by the Board with a government to exchange information obtained under this Act and under any Act of the Parliament of Canada or of the legislature of another province establishing a similar plan within the meaning of the regulations.
Such an agreement shall be made only with the authorization of the Government.
1973, c. 36, s. 23; 1974, c. 58, s. 5
;
1981, c. 9, s. 35
;
1982, c. 53, s. 57
;
1989, c. 4, s. 3
;
1992, c. 44, s. 81
;
1994, c. 12, s. 67
;
1997, c. 63, s. 128
;
2001, c. 44, s. 30
.
24
.
Every person contemplated in section 21 and every person participating in the carrying out of this Act by virtue of the regulations or an agreement contemplated in section 23 who, without being duly authorized to do so, discloses anything he became aware of in the application of this Act, is guilty of an offence and liable, in addition to the other penalties which may be imposed upon him, to a fine of not less than $100 nor more than $1,000.
1973, c. 36, s. 24
;
1990, c. 4, s. 50
;
1992, c. 61, s. 48
.
DIVISION
VI
REGULATIONS
25
.
The Government may, by regulation,
(
1
)
determine the conditions on which a person shall be considered to be caring or providing for a child;
(
2
)
determine the maximum period of cessation of cohabitation of spouses regarded as temporary and the circumstances in which that time limit does not apply;
(
3
)
establish the scales of amounts granted as family allowances and as allowances for young children, fix the amount of the other allowances granted under Division II, and determine the date on which they take effect, which may be prior to the date of coming into force of the regulation; the scales pertaining to family allowances and allowances for young children may vary according to the number of children in the family who give entitlement to a family allowance, the rank of the child in whose respect the allowance is applied for and, in the case of family allowances, the age of the child;
(
4
)
determine the cases or the circumstances in which a child or a person referred to in section 14 has or is deemed to have his principal residence in Québec;
(
5
)
determine, for the purposes of section 5, the meaning of “handicapped child”;
(
6
)
fix, for the purposes of section 10, the maximum amount of allowances for newborn children payable in respect of a child;
(
7
)
prescribe the rules or the terms and conditions for the payment of family assistance allowances and, in the case of allowances other than the allowance for handicapped children, the cases and the circumstances in which the payment thereof may be made in advance or deferred;
(
8
)
prescribe the rules to be followed by a person designated by the Board to administer allowances;
(
9
)
fix, in relation to the number of payments to be made or other factors, the maximum percentage of the deduction from future allowances for the recovery of any allowance paid where it was not due;
(
10
)
fix the maximum amount in respect of which the Board may grant the release of a debt resulting from the payment of an allowance where it was not due;
(
11
)
prescribe, for the purposes of section 23, the conditions a plan must meet to be considered as similar to the allowance plan provided for in Division II;
(
12
)
(subparagraph repealed)
;
(
13
)
take the necessary action to implement any agreements made under section 27.3.
Nothwithstanding the power conferred by subparagraph 7 of the first paragraph, the allowances provided for in sections 4 and 7 must be paid monthly if the person who is entitled to receive them requests that they be paid to him by direct deposit in an account held by him in a financial institution with which the Government has made an agreement providing for direct depositing.
1973, c. 36, s. 25; 1974, c. 58, s. 6
;
1979, c. 60, s. 2
;
1981, c. 25, s. 10
;
1982, c. 58, s. 14
;
1989, c. 4, s. 4
;
1990, c. 37, s. 7
;
1993, c. 63, s. 9
.
DIVISION
VII
MISCELLANEOUS PROVISIONS
26
.
(Repealed).
1973, c. 36, s. 26; 1974, c. 58, s. 7; 1976, c. 15, s. 3
;
1977, c. 46, s. 2
;
1978, c. 73, s. 1
;
1981, c. 25, s. 11
;
1989, c. 4, s. 5
;
1993, c. 63, s. 10
.
27
.
Subject to section 24, every person is liable to a fine not exceeding $200, who:
(
a
)
contravenes any of the provisions of this Act or of the regulations;
(
b
)
makes a false declaration with intent to influence a decision respecting the payment of an allowance;
(
c
)
obtains or receives, in bad faith or fraudulently, an allowance to which he is not entitled; or
(
d
)
knowingly assists or encourages another person to obtain or receive an allowance to which he is not entitled.
Any person convicted of an offence contemplated in subparagraph
c
or
d
may also, on an application by the prosecutor which is attached to the statement of offence, be condemned to a fine not to exceed the amount obtained fraudulently or without right.
1973, c. 36, s. 27
;
1989, c. 4, s. 6
;
1990, c. 4, s. 51
;
1992, c. 61, s. 49
.
27.1
.
The Régie des rentes du Québec is responsible for the carrying out of this Act and sections 26, 30 and 31 of the Act respecting the Québec Pension Plan (
chapter R-9
) apply for such purpose.
Moreover, the Régie des rentes du Québec shall carry out any other mandate given to it by the Government.
1989, c. 4, s. 7
;
1990, c. 37, s. 8
.
27.2
.
To receive an allowance, a person must apply for it to the Board and furnish any document or information required by the Board. The Board may hold that a notice filed with the Minister of National Health and Welfare under section 122.62 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) is valid as an application for a family allowance under this Act. Any application for a family allowance in respect of a child also serves as an application for allowance for young children and for an allowance for newborn children.
Moreover, every person who receives an allowance must furnish any document or information required by the Board for the purpose of ascertaining whether the family is entitled to the allowance, whether the person is entitled to receive it and whether it is used according to law.
The Board shall examine the required documents and information with dispatch and, in its decision, shall inform the person concerned of his right to apply for a review of the decision within the time indicated in section 18. If the Board has reason to believe that the person is no longer entitled to receive the allowance or if the person fails to furnish the required documents or information, the Board may suspend payment of the allowance while it ascertains whether the family is entitled to the allowance, whether the person receiving it is entitled to receive it and whether it is used according to law; notice of the suspension shall be given to the person in writing.
1989, c. 4, s. 7
;
1993, c. 63, s. 11
.
27.2.1
.
The Board, unless informed by the applicant of his wish to the contrary, may hold that an application for direct deposit of the child tax benefit paid under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) is valid for an allowance payable under this Act, provided that the financial institution chosen for the deposit has entered into an agreement with the Government permitting such deposits.
The Board must, as soon as possible, notify the applicant of payment by direct deposit.
1991, c. 66, s. 2
;
1993, c. 63, s. 12
.
27.3
.
Where the law of a foreign country provides for the payment of allowances similar to those provided for in this Act, the Minister may, in accordance with the Act respecting the Ministère des Relations internationales (
chapter M-25.1.1
), enter with the government of that country or with one of its departments or agencies into agreements
(
1
)
prescribing special provisions, even departures from this Act, respecting the entitlement of the family of a national of that country who resides or works in Québec to an allowance in respect of a child of his family who is accompanying him, and respecting the conditions a person must meet to receive the allowance;
(
2
)
determining on what conditions and according to what terms and conditions allowances under this Act may be paid to the family of such a national;
(
3
)
determining on what conditions and according to what terms and conditions allowances under the law of that country may be paid to the family of a Canadian national who resides or works in that country and who had his principal residence in Québec up to his departure for that country, in respect of a child of his family who is accompanying him;
(
4
)
prescribing special provisions concerning the financial adjustments required by the agreements;
(
5
)
establishing procedures for the exchange of information for the purpose of implementing the agreements.
The Government may make such regulations as it considers necessary for the implementation of the agreements.
1989, c. 4, s. 7
;
1994, c. 15, s. 33
;
1996, c. 21, s. 70
.
28
.
The functionaries and employees of the Government or of any body participating in the carrying out of this Act must lend their assistance to every person who so requires to facilitate his obtaining the allowances to which he is entitled, especially by assisting him in the drafting of an application for an allowance or review provided for by this Act or of a motion requesting a review of the decision by the Administrative Tribunal of Québec.
1973, c. 36, s. 28; 1977, c. 5, s. 14
;
1997, c. 43, s. 32
.
29
.
The Board may authorize one of its functionaries or a class of its functionaries to exercise the powers or perform the duties assigned to the Board by this Act.
1973, c. 36, s. 29
.
30
.
The Board must, not later than 30 June each year, make a report of its activities under this Act for the preceding fiscal year. Such report shall be laid forthwith by the Minister of Employment and Social Solidarity before the National Assembly, if it is in session or, if it is not, within 15 days after the opening of the next session.
1973, c. 36, s. 30
;
1981, c. 9, s. 35
;
1982, c. 53, s. 57
;
1992, c. 44, s. 81
;
1994, c. 12, s. 67
;
1997, c. 63, s. 128
;
2001, c. 44, s. 30
.
31
.
The sums required to pay the allowances provided for in this Act are taken out of the tax revenue received from individuals pursuant to the Taxation Act (
chapter I-3
).
1973, c. 36, s. 31 (
part
)
;
1990, c. 37, s. 9
.
32
.
The Minister of Employment and Social Solidarity is responsible for the administration of this Act.
1973, c. 36, s. 38
;
1981, c. 9, s. 35
;
1982, c. 53, s. 57
;
1986, c. 103, s. 7
;
1989, c. 4, s. 8
;
1992, c. 44, s. 81
;
1994, c. 12, s. 67
;
1997, c. 63, s. 128
;
2001, c. 44, s. 30
.
The Minister responsible for Social Solidarity and Community Action exercises the functions and responsibilities of the Minister of Employment and Social Solidarity provided for in this Act. Order in Council 1658-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6522.
33
.
(This section ceased to have effect on 17 April 1987).
1982, c. 21, s. 1
;
U. K., 1982, c. 11, Sch. B, Part I, s. 33
.
REPEAL SCHEDULE
In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 36 of the statutes of 1973, in force on 31 December 1977, is repealed, except sections 31 (
part)
, 35 to 37 and 39, effective from the coming into force of chapter A-17 of the Revised Statutes.
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