A-29.011 - Act respecting parental insurance

Updated to 10 January 2005

This document has official status.

chapter A-29.011

Act respecting parental insurance

Not in force

6. The Conseil de gestion shall fix annually by regulation the rate of assessment applicable to employees, employers and self-employed workers.

The regulation comes into force on 1 January of the year following the date of its publication in the Gazette officielle du Québec or on any other date not prior to its publication.

2001, c. 9, s. 6.

Not in force

30. The debtor must repay any amount owed within the time and in accordance with the terms and conditions determined in a regulation of the Conseil de gestion, unless the debtor and the Board agree otherwise.

The Board may make deductions from any benefit payment that becomes payable to the debtor.

Any refund owed to the debtor by the Minister of Revenue may, pursuant to section 31 of the Act respecting the Ministère du Revenu (chapter M‐31), be allocated to the payment of any amount owed to the Board by the debtor.

A deduction or allocation under this section interrupts prescription.

2001, c. 9, s. 30.

CHAPTER V ADMINISTRATION

82. The Conseil de gestion or the Board may enter into an agreement with any person, association, partnership or body, and with the Government, a government department or a government body.

Either may also, subject to the applicable legislative provisions, enter into an agreement with a government in Canada or elsewhere, a department or agency of such a government, an international organization or an agency of such an organization.

2001, c. 9, s. 82.

Not in force

84. The Conseil de gestion or the Board shall make agreements with certain public bodies, in particular the Ministère du Revenu, the Ministère de la Solidarité sociale and the Commission de la santé et de la sécurité du travail, concerning the communication of the information required for the purposes of this Act.

2001, c. 9, s. 84.

85. The Conseil de gestion or the Board, as the case may be, may delegate any power under this Act to a member of its board of directors, to a member of its personnel or to a committee, established by it, composed of persons to whom it may delegate such powers.

Either may also, in the instrument of delegation, authorize the subdelegation of the delegated powers. In such case, the Conseil de gestion or the Board shall designate the member of the board of directors or the personnel member to whom such powers may be subdelegated.

The instrument of delegation shall be published in the Gazette officielle du Québec.

2001, c. 9, s. 85.

CHAPTER VI CONSEIL DE GESTION DE L’ASSURANCE PARENTALE

DIVISION I ESTABLISHMENT AND FUNCTIONS

89. The “Conseil de gestion de l’assurance parentale” is hereby established.

The Conseil de gestion is a legal person and a mandatary of the State.

2001, c. 9, s. 89.

90. The property of the Conseil de gestion forms part of the domain of the State, but the execution of the obligations of the Conseil de gestion may be levied against its property.

The Conseil de gestion binds none but itself when it acts in its own name.

2001, c. 9, s. 90.

91. The Conseil de gestion shall manage the parental insurance plan.

The functions of the Conseil de gestion shall be, in particular,

(1)  to ensure the funding of the parental insurance plan ;

Not in force

(2)  to ensure the payment of the benefits payable under the plan ;

(3)  to carry out any mandate entrusted to it by the Government.

2001, c. 9, s. 91.

92. The Conseil de gestion shall advise the Minister on any matter within its jurisdiction referred to it by the Minister and on any matter relating to this Act. The advice of the Conseil de gestion may be accompanied with recommendations.

2001, c. 9, s. 92.

DIVISION II ORGANIZATION AND OPERATION

93. The head office of the Conseil de gestion shall be located in the territory of the Communauté urbaine de Québec. Notice of the location or any change of location of the head office shall be published in the Gazette officielle du Québec.

2001, c. 9, s. 93.

94. The affairs of the Conseil de gestion shall be administered by a board of directors composed of the following members appointed by the Government :

(1)  a president and director general ;

(2)  three members chosen from among employers, after consultation with the bodies representing employers ;

(3)  two members chosen from among workers, after consultation with the labour unions representing workers ;

(4)  a member representing workers who derive their income from a business ; and

(5)  a member representing the Government.

The Deputy Minister of Child and Family Welfare or the Deputy Minister’s representative and a representative of the secretariat of the Conseil du trésor are, by virtue of their office, members of the board of directors.

2001, c. 9, s. 94.

95. The Government shall designate the chair of the board from among the board members. The chair shall call and preside at meetings of the board and see to its proper operation. The chair shall, in addition, exercise any other functions assigned to the chair by the board.

The members of the board of directors shall designate a vice-chair from among their number. The vice-chair shall exercise the functions of the chair when the chair is absent or unable to act.

2001, c. 9, s. 95.

96. The president and director general is responsible for the administration and direction of the Conseil de gestion within the scope of its regulations and policies. The office of president and director general is a full-time position.

2001, c. 9, s. 96.

97. The term of office of the members of the board of directors shall not exceed three years, except that of the president and director general which shall not exceed five years.

At the expiry of their term, the members of the board of directors shall remain in office until replaced or reappointed.

2001, c. 9, s. 97.

98. Vacancies on the board of directors shall be filled in accordance with the rules governing appointments set out in section 94, for the unexpired portion of the term of the member to be replaced.

Absence from the number of board meetings determined in the internal by-laws of the Conseil de gestion, in the cases and circumstances specified therein, constitutes a vacancy.

2001, c. 9, s. 98.

99. The Government shall determine the remuneration, employment benefits and other conditions of employment of the president and director general.

The other board members shall receive no remuneration except in the cases, on the conditions and to the extent determined by the Government. They are, however, entitled to the reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.

2001, c. 9, s. 99.

100. The quorum of the board of directors is the majority of its members, including the chair.

In the case of a tie-vote, the chair has a casting vote.

2001, c. 9, s. 100.

101. The members of the board may waive notice of a meeting of the board. The attendance of a member at a meeting of the board constitutes a waiver of notice, unless the member is present to contest the legality of the calling of the meeting.

2001, c. 9, s. 101.

102. The members of the board may, if they all agree, take part in a meeting using means which allow them to communicate with each other orally, such as the telephone. They are, in that case, deemed to have attended the meeting.

2001, c. 9, s. 102.

103. A written resolution, signed by all the members entitled to vote, has the same value as if it had been adopted at a meeting of the board of directors.

A copy of the resolutions shall be kept with the minutes of the proceedings or the equivalent.

2001, c. 9, s. 103.

104. The minutes of a meeting of the board, approved by the board and certified by the president and director general or any other person so authorized by the Conseil de gestion, are authentic, as are documents and copies emanating from the Conseil de gestion or forming part of its records if signed or certified by any such person.

2001, c. 9, s. 104.

105. No document binds the Conseil de gestion or may be attributed to it unless it is signed by the president and director general, a member of the board of directors or, to the extent determined in the internal by-laws of the Conseil de gestion, by a member of the Conseil de gestion’s personnel.

The rules governing the delegation of signing authority may provide for sub-delegation and the mechanics thereof.

2001, c. 9, s. 105.

106. An intelligible print-out of a decision or of any other data stored by the Conseil de gestion in computerized or other electronic form is a document of the Conseil and constitutes proof of its contents if certified by a person referred to in section 105.

2001, c. 9, s. 106.

107. The internal by-laws of the Conseil de gestion may allow, subject to the conditions and on the documents specified therein, that a signature be affixed by means of an automatic device, that a signature be electronic, or that a facsimile of a signature be engraved, lithographed or printed. However, the facsimile shall have the same force as the signature itself only if the document is countersigned by a person referred to in section 105.

The by-laws may, however, for the documents they specify, prescribe that the facsimile has the same force as the signature itself, even though the document is not countersigned.

2001, c. 9, s. 107.

108. The internal by-laws of the Conseil de gestion require the approval of the Government.

2001, c. 9, s. 108.

109. The employees of the Conseil de gestion shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

2001, c. 9, s. 109.

110. No member of the board of directors and no employee of the Conseil de gestion may be prosecuted by reason of official acts accomplished in good faith in the exercise of their functions.

2001, c. 9, s. 110.

DIVISION III FINANCIAL PROVISIONS

111. The Conseil de gestion shall ensure the funding of the parental insurance plan, in particular, out of

Not in force

(1)  the sums received from the Minister of Revenue pursuant to section 75 ;

(2)  the sums received from the Minister of Child and Family Welfare out of the appropriations granted for that purpose by Parliament ;

(3)  the sums advanced to the Conseil de gestion by the Minister of Finance ;

(4)  the sums borrowed by the Conseil de gestion from the Minister of Finance and taken out of the financing fund of the Ministère des Finances ;

(5)  the other sums borrowed by the Conseil de gestion ; and

(6)  any other sum received by the Conseil de gestion.

2001, c. 9, s. 111.

112. The Conseil de gestion shall deposit the funds put at its disposal under this Act with the Caisse de dépôt et placement du Québec.

2001, c. 9, s. 112.

113. The Conseil de gestion may not, without the authorization of the Government,

(1)  contract a loan that causes the total of its current outstanding loans to exceed the amount determined by the Government ;

(2)  make a financial commitment in excess of the limits or in contravention of the terms and conditions determined by the Government ;

(3)  accept a gift or legacy to which a charge or condition is attached.

2001, c. 9, s. 113.

114. The Government may, subject to terms and conditions it determines,

(1)  guarantee the payment of the capital of and interest on any loan contracted by the Conseil de gestion and the performance of its obligations ;

(2)  authorize the Minister of Finance to advance to the Conseil de gestion any amount considered necessary to meet its obligations or for the exercise of its functions and powers.

The sums required for the purposes of this section shall be taken out of the Consolidated Revenue Fund.

2001, c. 9, s. 114.

115. The sums at the disposal of the Conseil de gestion shall be used exclusively for the purposes of this Act and the payment of the obligations of the Conseil de gestion.

Notwithstanding section 91 of the Financial Administration Act (chapter A-6.001), surpluses, if any, shall be retained by the Conseil de gestion. It may be allocated to the reduction of premiums or the increase of benefits.

2001, c. 9, s. 115.

DIVISION IV ACCOUNTS AND REPORTS

116. The fiscal year of the Conseil de gestion ends on 31 March.

2001, c. 9, s. 116.

117. The Conseil de gestion shall, not later than 31 July each year, file its financial statements and a report of its operations for the preceding fiscal year with the Minister.

The financial statements and report of operations must contain all the information required by the Minister.

2001, c. 9, s. 117.

118. The Minister shall table the report of operations and financial statements of the Conseil de gestion in the National Assembly within 15 days of receiving them or, if the Assembly is not in session, within 15 days of resumption.

2001, c. 9, s. 118.

119. The Conseil de gestion shall also furnish to the Minister any information required by the Minister concerning its operations.

2001, c. 9, s. 119.

120. The books and accounts of the Conseil de gestion shall be audited by the Auditor General each year and whenever so ordered by the Government.

The auditor’s report must accompany the report of operations and financial statements of the Conseil de gestion.

2001, c. 9, s. 120.

122. (In force on 1 January 2006).

2001, c. 9, s. 122.

134. (In force on 1 January 2006).

2001, c. 9, s. 134.

136. (Repealed).

2001, c. 9, s. 136; 2002, c. 46, s. 37.

137. (Repealed).

2001, c. 9, s. 137; 2002, c. 46, s. 37.

138. (Repealed).

2001, c. 9, s. 138; 2002, c. 46, s. 37.

140. (In force on 1 January 2006).

2001, c. 9, s. 140.

141. (In force on 1 January 2006).

2001, c. 9, s. 141.

142. (In force on 1 January 2006).

2001, c. 9, s. 142.

145. (In force on 1 January 2006).

2001, c. 9, s. 145.

CHAPTER IX MISCELLANEOUS AND TRANSITIONAL PROVISIONS

152. The Minister of Child and Family Welfare is responsible for the administration of this Act, except Chapter IV, the administration of which comes under the responsibility of the Minister of Revenue.

2001, c. 9, s. 152.

The Minister of Employment and Social Solidarity exercises the functions of the Minister of Child and Family Welfare provided for in this Act. Order in Council 129-2005 dated 18 February 2005, (2005) 137 G.O. 2 (French), 879; Order in Council 181-2005 dated 9 March 2005, (2005) 137 G.O. 2 (French), 1047.

154. (Omitted).

2001, c. 9, s. 154.