A-7.002 - Act respecting the Agence des partenariats public-privé du Québec

Updated to 18 April 2005

This document has official status.

chapter A-7.002

Act respecting the Agence des partenariats public-privé du Québec

CHAPTER I ESTABLISHMENT

1. An agency is established under the name “Agence des partenariats public-privé du Québec”. The agency may also operate under the name “Partenariats public-privé Québec”.

2004, c. 32, s. 1.

2. The agency is a legal person and a mandatary of the State.

The property of the agency forms part of the domain of the State, but the execution of its obligations may be levied against its property.

The agency binds none but itself when it acts in its own name.

2004, c. 32, s. 2.

3. The head office of the agency is located where the agency determines in the territory of the Communauté métropolitaine de Québec. The agency may, however, move its head office elsewhere with the authorization of the Government. Notice of the location and any relocation of the head office of the agency is published in the Gazette officielle du Québec.

The agency may hold its meetings anywhere in Québec.

2004, c. 32, s. 3.

CHAPTER III ORGANIZATION AND OPERATION

19. The affairs of the agency are administered by a board of directors composed of

(1)  the chief executive officer of the agency, who is a member of the board by virtue of office; and

(2)  eight other members appointed by the Government, four of whom are from public bodies and four from the private sector.

2004, c. 32, s. 19.

20. The chief executive officer of the agency is appointed by the Government for a term not exceeding five years; the other board members are appointed for a term not exceeding three years.

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

2004, c. 32, s. 20.

21. The chair and vice-chair of the board of directors are designated by the Government from among the members of the board.

2004, c. 32, s. 21.

22. The positions of chair of the board of directors and chief executive officer may not be held concurrently.

2004, c. 32, s. 22.

23. The chief executive officer is responsible for the administration and direction of the agency in keeping with its regulations, by-laws and policies. The functions of chief executive officer are exercised on a full-time basis.

The chair calls and presides at meetings of the board of directors, sees to the proper conduct of the board’s proceedings and exercises any other functions assigned by the board.

The vice-chair exercises the functions of the chair when the latter is absent or unable to act.

2004, c. 32, s. 23.

24. A vacant position on the board of directors, other than those of chair of the board and of chief executive officer, is filled by the Government 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 agency, in the cases and circumstances specified, constitutes a vacancy.

2004, c. 32, s. 24.

25. The remuneration, employment benefits and other conditions of employment of the chief executive officer are determined by the Government.

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

2004, c. 32, s. 25.

26. The quorum at meetings of the board of directors is the majority of its members, including the chief executive officer or the chair.

Decisions of the board are made by a majority vote of the members present. In the case of a tie vote, the person presiding at the meeting has a casting vote.

2004, c. 32, s. 26.

27. The members of the board of directors may waive notice of a meeting. Attendance at a meeting of the board constitutes a waiver of notice, unless the members are present to contest the legality of the meeting.

2004, c. 32, s. 27.

28. If all agree, the board members may take part in a meeting by means of equipment enabling all participants to communicate directly with one another.

2004, c. 32, s. 28.

29. Written resolutions, signed by all board members entitled to vote, have the same value as if they had been adopted during a meeting of the board of directors.

A copy of all such resolutions is kept with the minutes of the proceedings or other equivalent record book.

2004, c. 32, s. 29.

30. The minutes of the meetings of the board of directors, approved by the board and certified by the chair, the chief executive officer, the secretary or another person authorized by the agency, are authentic. The same applies to documents and copies emanating from the agency or forming part of its records, if they are so certified.

2004, c. 32, s. 30.

31. An intelligible transcription of a decision or other data stored by the agency in a computer or in any electronic form is a document of the agency and is evidence of its contents if it is certified by a person referred to in section 30.

2004, c. 32, s. 31.

32. A deed, document or writing is binding on and may be attributed to the agency only if it is signed by the chair, the chief executive officer, the vice-chair, the secretary or another personnel member authorized by the agency and, in the latter case, only to the extent determined by the by-laws of the agency.

2004, c. 32, s. 32.

33. The internal by-laws of the agency may, subject to specified conditions, allow a signature to be affixed by means of an automatic device, an electronic signature to be affixed, or a facsimile of a signature to be engraved, lithographed or printed on specified documents. However, the facsimile has the same force as the signature itself only if the document is countersigned by a person referred to in section 30.

2004, c. 32, s. 33.

34. The agency may determine the mode of operation of the board of directors in its internal by-laws. It may form an executive committee and any other committee, determine their mode of operation and delegate powers of the board to them.

2004, c. 32, s. 34.

35. The standards of ethics and professional conduct adopted by the agency for the members of the board of directors in accordance with a regulation made under section 3.0.1 of the Act respecting the Ministère du Conseil exécutif (chapter M-30) are published by the agency in its operations report.

2004, c. 32, s. 35.

36. The agency adopts standards of ethics and professional conduct for its personnel. The standards must contain provisions that include, as a minimum, the requirements for public servants under the Public Service Act (chapter F-3.1.1). The standards are published by the agency in its operations report.

2004, c. 32, s. 36.

38. The secretary and the other members of the personnel of the agency are appointed in accordance with the staffing plan established by by-law of the agency.

Subject to the provisions of a collective agreement, the standards and scales of remuneration, employee benefits and other conditions of employment of the members of its personnel are determined by by-law of the agency in accordance with the conditions defined by the Government.

2004, c. 32, s. 38.

39. Any personnel member of the agency who has a direct or indirect interest in an enterprise causing the personnel member’s personal interest to conflict with that of the agency must, on pain of forfeiture of office, disclose the interest in writing to the chief executive officer.

2004, c. 32, s. 39.

40. The chair of the Conseil du trésor may issue directives concerning the policies and general objectives to be pursued by the agency.

Directives are submitted to the Government for approval. Once approved, they are binding on the agency.

Directives are laid before the National Assembly within 15 days of their approval by the Government or, if the Assembly is not sitting, within 15 days of resumption.

2004, c. 32, s. 40.

CHAPTER IV FINANCIAL PROVISIONS

41. The Government may, subject to the conditions it determines,

(1)  guarantee payment of the principal and interest on any loan contracted by the agency or a subsidiary referred to in section 14 and guarantee their obligations; and

(2)  authorize the Minister of Finance to advance to the agency or one of its subsidiaries any amount considered necessary to meet their obligations or pursue their mission.

The sums required for the purposes of this section are taken out of the consolidated revenue fund.

2004, c. 32, s. 41.

42. The agency may determine a tariff of commissions, professional and other fees for the use of its goods and services.

2004, c. 32, s. 42.

43. The operations of the agency are funded by the revenue it derives from its financial operations, the commissions and professional and other fees it charges and the other monies it receives.

2004, c. 32, s. 43.

44. The monies received by the agency must be allocated to the payment of its obligations. The agency retains any surpluses, unless the Government decides otherwise.

2004, c. 32, s. 44.

45. The Government reimburses the costs and expenses incurred by the agency in carrying out the mandates received under section 10.

2004, c. 32, s. 45.

46. Each year, the agency submits its budgetary estimates for the following fiscal year to the chair of the Conseil du trésor, in accordance with the form and content and the schedule determined by the chair of the Conseil du trésor.

The estimates are submitted to the Government for approval.

2004, c. 32, s. 46.

CHAPTER VI AMENDING PROVISIONS

FINANCIAL ADMINISTRATION ACT

53. (Amendment integrated into c. A-6.001, Schedule 2).

2004, c. 32, s. 53.

ACT RESPECTING THE PROCESS OF NEGOTIATION OF THE COLLECTIVE AGREEMENTS IN THE PUBLIC AND PARAPUBLIC SECTORS

56. (Amendment integrated into c. R-8.2, Schedule C).

2004, c. 32, s. 56.

ACT RESPECTING THE GOVERNMENT AND PUBLIC EMPLOYEES RETIREMENT PLAN

57. (Amendment integrated into c. R-10, Schedule I).

2004, c. 32, s. 57.

ACT RESPECTING THE PENSION PLAN OF MANAGEMENT PERSONNEL

58. (Amendment integrated into c. R-12.1, Schedule II).

2004, c. 32, s. 58.

CHAPTER VII TRANSITIONAL AND MISCELLANEOUS PROVISIONS

59. The records and other documents of the Direction des partenariats d’affaires of the Secrétariat du Conseil du trésor become records and documents of the Agence des partenariats public-privé du Québec.

2004, c. 32, s. 59.

60. Subject to the conditions of employment applicable to them, employees of the Secrétariat du Conseil du trésor assigned to the Direction des partenariats d’affaires in office on 17 April 2005 become employees of the Agence des partenariats public-privé du Québec provided that a decision of the Conseil du trésor providing for their transfer is made before 18 April 2006.

2004, c. 32, s. 60.

61. Subject to the conditions of employment applicable to them, employees referred to in section 60 hold the positions and exercise the functions assigned to them by the agency.

2004, c. 32, s. 61.

62. An employee of the agency who, when appointed to the agency, was a public servant with permanent tenure may request a transfer to a position in the public service or take part in a promotion competition for such a position, in accordance with the Public Service Act (chapter F-3.1.1).

2004, c. 32, s. 62.

63. Section 35 of the Public Service Act (chapter F-3.1.1) applies to an employee referred to in section 62 who takes part in a promotion competition for a position in the public service.

2004, c. 32, s. 63.

64. An employee referred to in section 62 who applies for a transfer or takes part in a promotion competition may ask the chair of the Conseil du trésor for an assessment of the classification the employee would be assigned in the public service. The assessment must take into account the employee’s classification on the last day of employment in the public service and the experience and training acquired in the course of employment with the agency.

If an employee is transferred under section 62, the deputy minister or chief executive officer determines the employee’s classification in accordance with the assessment provided for in the first paragraph.

If an employee is promoted under section 62, the classification assigned to the employee must take into account the criteria set out in the first paragraph.

2004, c. 32, s. 64.

65. In the event of a partial or total discontinuance of the operations of the agency or a shortage of work, an employee referred to in section 62 is entitled to be placed on reserve in the public service with the classification held on the last day of employment in the public service.

In that case, the chair of the Conseil du trésor determines the employee’s classification taking into account the criteria set out in the first paragraph of section 64.

2004, c. 32, s. 65.

66. A person who, in accordance with the applicable conditions of employment, refuses to be transferred to the agency is assigned to the agency until the chair of the Conseil du trésor is able to place the person in accordance with section 100 of the Public Service Act (chapter F-3.1.1). The same applies to a person placed on reserve in accordance with section 65, which person remains in the employ of the agency.

2004, c. 32, s. 66.

67. Subject to remedies available under a collective agreement, an employee referred to in section 62 whose employment is terminated or who is dismissed may bring an appeal under section 33 of the Public Service Act (chapter F-3.1.1).

2004, c. 32, s. 67.

68. A regulation under section 58 of the Public Administration Act (chapter A-6.01) applies to the agency until the date a regulation under section 17 of this Act takes effect.

2004, c. 32, s. 68.

69. The sums required to carry out this Act during the fiscal year 2005-2006 are taken out of the consolidated revenue fund to the extent determined by the Government.

2004, c. 32, s. 69.

71. The chair of the Conseil du trésor is responsible for the administration of this Act.

2004, c. 32, s. 71.

72. (Omitted).

2004, c. 32, s. 72.