a-27 - Publishers Loss Insurance Act

Updated to 1 April 1999

This document has official status.

chapter A-27

Publishers Loss Insurance Act

Repealed, 1988, c. 27, s. 1.

1988, c. 27, s. 1.

1. In this Act,

(a)  “Minister” means the Minister of Cultural Affairs;

(b)  “publisher” means a publisher who is a member of Association des Éditeurs Canadiens and has his chief place of business within the Province of Québec;

(c)  “issue” means the number of copies of a work comprised in the first printing and intended for sale;

(d)  “cost price” means the cost of printing and binding;

(e)  “prescribed delay” means, in the case of works of imagination such as novels, novelettes, stories or poems, a period of nine months, and in the case of all other works a period of twenty-four months, computed in all cases from the date when the work is first offered for sale at retail in the Province;

(f)  “insured work” means a work accepted by the Minister for the purposes of publishers loss insurance and for which the premium has been duly paid.

R. S. 1964, c. 58, s. 1; 1965 (1st sess.), c. 22, s. 1.

2. Publishers loss insurance is an undertaking by the Minister on behalf of the Gouvernement du Québec:

(a)  to purchase from the publisher at the cost price one-third of the issued copies of an insured work, if he has not sold more than two-thirds thereof within the prescribed delay or, if he has sold more, to purchase all unsold copies at the cost price plus twenty-five per cent, without however exceeding the cost price of one-third of the copies;

(b)  to pay to the author of an insured work an amount equal to twelve and one-half per cent of the cost price of the copies purchased by the Minister.

R. S. 1964, c. 58, s. 2; 1965 (1st sess.), c. 22, s. 2; 1977, c. 5, s. 14.

3. A publisher wishing to obtain loss insurance must so inform the Minister in writing and send him the manuscript and a proposal stating the issue, the cost price and the retail selling price per copy.

R. S. 1964, c. 58, s. 3.

4. The Minister may establish an advisory committee composed of such number of persons as he determines and they shall remain in office during pleasure.

The functions of such committee shall be:

(a)  to examine every application by a publisher wishing to avail himself of the provisions of this act;

(b)  to advise and make suggestions to the Minister respecting any matter relating to the carrying out of this act.

The Government may authorize the payment of travelling and lodging expenses to the members of the advisory committee but they shall not be entitled to any remuneration as such.

R. S. 1964, c. 58, s. 4; 1965 (1st sess.), c. 22, s. 3.

5. The total amount of publishers loss insurance that may be granted in each fiscal year shall be $100 000.

The amount granted for each work shall be computed at the cost price declared in the proposal for one-third of the issue plus 121/2%.

R. S. 1964, c. 58, s. 5; 1965 (1st sess.), c. 22, s. 4.

6. The Minister, after taking the advice of the advisory committee, shall decide if the manuscript submitted by a publisher is accepted for the purposes of publishers loss insurance and inform the publisher by registered or certified letter of his decision advising him, when necessary, that the work is classified as a work of imagination.

R. S. 1964, c. 58, s. 6; 1965 (1st sess.), c. 22, s. 5; 1975, c. 83, s. 84.

7. A publisher whose manuscript is accepted for the purposes of publishers loss insurance shall, within twenty days after the posting of the Minister’s letter advising him thereof, pay to the Minister a premium of $35.

R. S. 1964, c. 58, s. 7; 1965 (1st sess.), c. 22, s. 5.

8. A publisher of an insured work wishing to obtain loss insurance shall, within three months from the expiry of the prescribed delay, submit to the Minister a sworn claim setting forth:

(a)  the issue printed;

(b)  the actual cost price;

(c)  the number of unsold copies;

(d)  the number of copies offered to the Minister.

Such claim must be accompanied by the invoices of the printer and of the binder.

The publisher must allow the representatives of the Minister and of the Auditor General to verify all the facts relating to the claim and give them access, at any reasonable time, to his books and accounts and his stores or warehouses. The representatives shall, on request, identify themselves and produce a certificate of capacity signed by the Minister or the Auditor General.

R. S. 1964, c. 58, s. 8; 1965 (1st sess.), c. 22, s. 6; 1970, c. 17, s. 102; 1986, c. 95, s. 18.

9. The claim of a publisher shall not be accepted by the Minister except on the basis of the issue printed and the actual cost price, neither of which, however, shall exceed the figure shown on the proposal.

R. S. 1964, c. 58, s. 9.

10. The publisher must deliver at his own expense the copies acquired by the Minister to the place in Québec indicated by the latter.

R. S. 1964, c. 58, s. 10.

11. The Minister may give copies free of charge to departments or agencies of the Gouvernement du Québec, educational establishments, public libraries or establishments of a cultural nature without pecuniary gain.

He may also sell copies to any other person at the retail price mentioned in the proposal.

If such sale is made to a bookseller, he may nevertheless grant a rebate equal to the usual trade discount.

R. S. 1964, c. 58, s. 11; 1977, c. 5, s. 14.

12. A publisher who has failed to comply with a requirement of this act within the prescribed delay shall forfeit the right to avail himself of the insurance.

The Minister, however, for any reason that he deems sufficient, may permit him to benefit thereby in whole or in part.

R. S. 1964, c. 58, s. 12.

13. A publisher who makes a false declaration in the proposal or refuses to sell a copy at the retail price mentioned therein or in any manner commits or attempts to commit any fraud in order to derive a benefit from publishers loss insurance shall forfeit all his rights under this act and in addition shall be liable to a fine of $200 to $500 or to imprisonment for not more than six months or to both such penalties at the same time.

R. S. 1964, c. 58, s. 13.

14. The penalties provided by this Act shall be imposed on summary proceeding under the Summary Convictions Act (chapter P-15).

Part II of the said Act shall apply to the said proceedings.

Penal proceedings under this Act shall not be brought except with the authorization of the Minister.

R. S. 1964, c. 58, s. 14.

15. The Government may make any regulations it deems necessary for the application of this act.

Such regulations shall be published in the Gazette officielle du Québec. They shall come into force on the date of such publication or on such later date as is fixed by the Government.

R. S. 1964, c. 58, s. 15.

16. (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 58 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter A-27 of the Revised Statutes.