a-6.01 - Public Administration Act

Updated to 6 September 2000

This document has official status.

chapter A-6.01

Public Administration Act

CHAPTER I OBJECT AND APPLICATION

3. For the purposes of this Act, the Administration comprises

(1)  the departments of the Government;

(2)  all budget-funded bodies, namely all bodies all or part of the expenditures of which are provided for in the estimates tabled in the National Assembly otherwise than under a transferred appropriation;

(3)  all bodies whose personnel is appointed in accordance with the Public Service Act (chapter F‐3.1.1);

(4)  all bodies a majority of the members or directors of which are appointed by the Government or by a minister and at least half of the expenditures of which are borne directly or indirectly by the Consolidated Revenue Fund.

A person appointed or designated by the Government or by a minister, together with the personnel directed by that person, is considered to be a body in the exercise of the functions assigned to the person by law, the Government or the Minister.

2000, c. 8, s. 3.

4. The National Assembly, any person appointed or designated by the National Assembly to exercise functions under the authority of the National Assembly, the personnel directed by that person and the Commission de la représentation are subject to the provisions of this Act only to the extent provided by law.

The same applies to the courts of justice within the meaning of the Courts of Justice Act (chapter T‐16), or bodies whose membership is wholly comprised of judges of the Court of Québec, the Conseil de la magistrature or the committee on the remuneration of the judges of the Court of Québec and the municipal courts.

2000, c. 8, s. 4.

CHAPTER II GENERAL RESPONSIBILITIES

DIVISION I APPLICATION

5. This chapter applies to the departments and budget-funded bodies of the Administration.

It also applies to any other body of the Administration that is designated for that purpose by the minister responsible and only to the extent determined by that minister. Notice of the designation must be published in the Gazette officielle du Québec.

However, only sections 6, 7 and 8, subparagraphs 1 to 5 of the first paragraph of section 9, section 11, the first paragraph and subparagraphs 1 and 2 of the second paragraph of section 24 and section 29 are applicable to bodies whose members are appointed by the National Assembly and to administrative bodies exercising adjudicative functions and, in the case of the latter bodies, only as concerns management objectives for service accessibility, the effectiveness and efficiency of their decision-making process and the results achieved. The report required under section 24 shall be incorporated into the annual report of those bodies.

2000, c. 8, s. 5.

DIVISION III STRATEGIC PLAN

8. Each department or body must adopt a strategic plan covering a period of more than one year.

2000, c. 8, s. 8.

9. The strategic plan must state

(1)  the mission of the department or body;

(2)  the context in which the department or the body acts and the main challenges it faces;

(3)  the strategic directions, objectives and lines of intervention selected;

(4)  the results targeted over the period covered by the plan;

(5)  the performance indicators to be used in measuring results;

(6)  any other element determined by the Conseil du trésor.

The Conseil du trésor may determine the information to be included in the plan, the period it is to cover, its form, and the intervals at which it is to be reviewed.

2000, c. 8, s. 9.

10. The strategic plan of a department or body shall be forwarded to the Government by the minister responsible at least 60 days before it is to be tabled in the National Assembly.

2000, c. 8, s. 10.

11. The strategic plan of a department or body shall be tabled in the National Assembly by the minister responsible.

2000, c. 8, s. 11.

Not in force

66.1. The Government appoints a chief information officer in accordance with the Public Service Act (chapter F-3.1.1).

2004, c. 30, s. 52.

Not in force

66.2. The functions of the chief information officer include

(1)  advising the Conseil du trésor on information resources and information security;

(2)  advising the Conseil du trésor on policies, management frameworks, standards, systems and acquisitions in the area of information resources to achieve an optimal use of information and communications technologies, and taking part in the implementation process;

(3)  developing a global approach and strategy for the information resources of the Administration, and submitting it to the Conseil du trésor;

(4)  directing and coordinating the plan to implement an e-government initiative centred on the needs of citizens, businesses and the Administration;

(5)  following up on the implementation of government policies and guidelines on information resources; and

(6)  developing and proposing an approach to integrate and simplify the delivery of services to citizens and businesses.

2004, c. 30, s. 52.

Not in force

66.3. The chief information officer exercises any other function assigned by the chair of the Conseil du trésor or the Government.

2004, c. 30, s. 52.

DIVISION III CHAIR

77. More specifically, the chair of the Conseil du trésor shall

In force: 2000-10-01

(1)  perform the analyses required for the preparation of the estimates and ensure, together with the Minister of Finance, that the estimates are consistent with the Government’s budget policy;

In force: 2000-10-01

(2)  monitor the expenditure budget and report to the Conseil du trésor;

In force: 2000-10-01

(3)  collect information from departments on the budgets of bodies of the Administration other than budget-funded bodies and bodies determined by the chair, and monitor their budgetary results as compared to their estimated results, where the information is required to determine the consolidated expenditure of the Government;

(4)  assist departments and bodies in developing indicators or other management tools to facilitate results-based management;

In force: 2000-10-01

(5)  coordinate and monitor negotiations relating to the determination of the conditions of employment in the public and parapublic sectors, and ensure that the financial commitments resulting from the renewal of collective agreements do not exceed the level fixed jointly with the Minister of Finance;

In force: 2000-10-01

(6)  ensure that capital expenditures are consistent with the policies and guidelines determined jointly with the Minister of Finance;

In force: 2000-10-01

(7)  establish interdepartmental coordination mechanisms with regard to information resources and facilitate partnership projects in that regard;

In force: 2000-10-01

(8)  see to the implementation of the government information highway policy;

In force: 2000-10-01

(9)  propose to the Government a general public procurement policy and coordinate its implementation;

In force: 2000-10-01

(10)  coordinate the implementation of agreements on the liberalization of public procurement entered into by Québec;

(11)  at their request, assist departments and bodies in establishing their strategic plans;

In force: 2000-10-01

(12)  support departments and bodies in the implementation of government guidelines with regard to human, financial, physical and information resources.

2000, c. 8, s. 77.

CHAPTER VIII AMENDING PROVISIONS

PUBLIC SERVICE ACT

2000, c. 8, s. 125.

144. (Amendment integrated into c. F-3.1.1, s. 122).

2000, c. 8, s. 144.

CHAPTER IX TRANSITIONAL AND FINAL PROVISIONS

254. The first strategic plan of a department or body to which Chapter II applies must be laid before the National Assembly before 1 April 2001. The period covered by the plan may include a period prior to 30 May 2000.

2000, c. 8, s. 254.

255. (Omitted).

2000, c. 8, s. 255.