C-59.01 - Act respecting the Conseil permanent de la jeunesse

Updated to 17 June 2005

This document has official status.

chapter C-59.01

Act respecting the Conseil permanent de la jeunesse

DIVISION I ESTABLISHMENT AND ORGANIZATION

1. A council called “the Conseil permanent de la jeunesse” is hereby established.

1987, c. 58, s. 1.

2. The council shall be composed of 15 members elected in accordance with Division II.

1987, c. 58, s. 2; 1997, c. 22, s. 1.

3. After obtaining the opinion of the council, the Government shall appoint a president from among the members of the council.

1987, c. 58, s. 3.

4. The president shall call a meeting of the council for the purpose of electing a vice-president from among the members.

1987, c. 58, s. 4; 1992, c. 30, s. 1; 1997, c. 22, s. 2.

5. The term of office of the members of the council is three years. A members may be re-elected consecutively only once.

At the end of their terms, the members remain in office until they are replaced or re-elected.

1987, c. 58, s. 5; 1992, c. 30, s. 2.

6. Where a vacancy occurs during the term of office of a member of the council, the Minister responsible for the administration of this Act shall appoint a substitute for the unexpired portion of the term, after obtaining the opinion of the council.

Absence from a number of meetings determined by the by-laws of internal management of the council constitutes a vacancy in the cases and circumstances indicated therein.

1987, c. 58, s. 6.

7. The president shall administer the council and direct the staff.

The vice-president shall assist the president in the performance of his duties.

1987, c. 58, s. 7; 1992, c. 30, s. 3; 1997, c. 22, s. 3.

8. If the president is unable to act, the vice-president shall replace him for as long as he is unable to act.

1987, c. 58, s. 8; 1997, c. 22, s. 4.

9. The president and the vice-president shall devote their full time to their official duties. Their term of office ends upon the election of the members of the new council.

The Minister may designate a member of the former council or the secretary of the council to exercise the duties of president between the election of a new council and the appointment of a president in accordance with section 3.

1987, c. 58, s. 9; 1992, c. 30, s. 4; 1997, c. 22, s. 5.

10. The Government shall fix the remuneration, social benefits and other conditions of employment of the president and the vice-president.

1987, c. 58, s. 10; 1997, c. 22, s. 6.

11. Members of the council other than the president and the vice-president shall receive no remuneration, except in such cases, on such conditions and to such extent as may be determined by the Government.

They are, however, entitled to compensation for the expenses they incur to attend the sittings of the council, on the conditions and to the extent determined by the Government.

1987, c. 58, s. 11; 1997, c. 22, s. 7.

12. The council may hold its sittings at any place in Québec.

It shall meet at least six times a year, including once every two months between the months of September and June.

1987, c. 58, s. 12; 1992, c. 30, s. 5.

13. The majority of the members are a quorum at sittings of the council.

In case of an equality of votes, the president has a casting vote.

1987, c. 58, s. 13.

14. The secretariat of the council shall be in the territory of Ville de Québec at the place determined by the Government. A notice of the location or of any relocation of the secretariat shall be published in the Gazette officielle du Québec.

1987, c. 58, s. 14; 2000, c. 56, s. 220.

15. The secretary and the other members of the staff of the council shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

1987, c. 58, s. 15; 2000, c. 8, s. 242.

DIVISION II ELECTION OF MEMBERS OF THE COUNCIL

16. For the purposes of this division, every non-profit organization

(1)  whose mission is to work primarily with persons between 15 and 30 years of age,

(2)  that works in the sectors of social affairs, labour and entrepreneurship, recreation, education, culture or the environment, and

(3)  that has been carrying on its activities for not less than 12 months

is an organization.

1987, c. 58, s. 16; 1992, c. 30, s. 6.

17. (Repealed).

1987, c. 58, s. 17; 1992, c. 30, s. 7; 1997, c. 22, s. 8.

18. Every person between 15 and 30 years of age who is a Canadian citizen and has been resident in Québec for not less than 12 months may offer himself as a candidate for election to the council.

1987, c. 58, s. 18; 1997, c. 22, s. 9.

19. Every person wishing to offer himself as a candidate shall file a nomination paper within the nomination period. The nomination paper must be presented in the manner and form prescribed by regulation.

The nomination paper must be accompanied with resolutions supporting the nomination from the boards of directors of not fewer than three organizations working in at least two different sectors of activities.

The supporting resolutions of an organization must be made in the manner and form prescribed by regulation.

Every person who offers himself as a candidate shall attach to his nomination paper any other documents prescribed by regulation.

The nomination period shall begin within three months of the expiry of the term of office of the members of the council, on the date determined by ministerial order, and shall end eight weeks after that date.

1987, c. 58, s. 19; 1997, c. 22, s. 10.

20. The Minister shall draw up a list of 40 candidates, selected from among the qualified candidates. The candidates proposed must reflect the composition of Québec society.

1987, c. 58, s. 20; 1992, c. 30, s. 8; 1997, c. 22, s. 11.

21. The Minister shall send the list to the council not later than 30 days after the end of the nomination period.

1987, c. 58, s. 21; 1997, c. 22, s. 11.

22. Within 30 days of the sending of the list of the candidates proposed by the Minister, the council shall elect the 15 new members of the council, in accordance with the election procedure set out in Division II.1, and shall send the Minister a list of the members elected.

1987, c. 58, s. 22; 1997, c. 22, s. 11.

22.1. If the council fails to elect the new members within the prescribed time, the Government shall appoint the new members from the list of candidates proposed by the Minister.

1997, c. 22, s. 11.

23. (Repealed).

1987, c. 58, s. 23; 1997, c. 22, s. 12.

24. The Government shall determine, by regulation,

(1)  (paragraph repealed);

(2)  the form and content of the nomination paper and supporting resolutions of organizations and the place for filing them;

(3)  (paragraph repealed);

(4)  any other measures it considers necessary for the organization and proper order of the special sitting of the council called pursuant to section 24.1.

1987, c. 58, s. 24; 1997, c. 22, s. 13.

DIVISION II.1 ELECTION PROCEDURE

1997, c. 22, s. 14.

24.1. On receiving the list of candidates proposed by the Minister, the secretary of the council shall, at the request of the president, call the members of the council to a special sitting.

1997, c. 22, s. 14.

24.2. A notice shall be sent to every member of the council at least eight days before the sitting. The notice must include the agenda for the sitting, a list of the organizations supporting each candidate and a document presenting each candidate.

The secretary shall also send a copy of the notice to the Minister.

1997, c. 22, s. 14.

24.3. The sitting shall be divided into two main parts, one for the presentation of each candidate’s file, and the other for the election of the 15 new members.

1997, c. 22, s. 14.

24.4. The new members shall be elected by secret ballot.

1997, c. 22, s. 14.

24.5. The members of the council shall make their selection by entering on their ballot paper, which shall contain the surnames and first names of the candidates in alphabetical order, 40 votes ranking the candidates from first to fortieth.

1997, c. 22, s. 14.

24.6. The president shall reject every ballot paper

(1)  that was not supplied by him;

(2)  that indicates more than one vote for a single candidate;

(3)  that includes two identical votes;

(4)  that includes fewer or more than 40 votes;

(5)  that does not clearly indicate 40 different votes.

1997, c. 22, s. 14.

24.7. Once the ballot has been completed, the president shall collate the votes received by each candidate by assigning 40 points for a vote ranking a candidate first, 39 points for a vote ranking a candidate second, 38 points for a vote ranking a candidate third, and so on down to 1 point for a vote ranking a candidate fortieth.

The 15 candidates having received the greatest number of points shall be declared elected by the president as the new members of the council.

1997, c. 22, s. 14.

24.8. If it is not possible to declare 15 members elected because two or more candidates have received the same number of points and there are more eligible candidates than there are positions, the president shall hold a second ballot for the candidates concerned.

Should an equal number of points be obtained following the second ballot, the president shall, by a random draw, determine which of the members concerned are elected.

1997, c. 22, s. 14.

24.9. The list of the newly elected members shall be sent to the Minister, together with the minutes of the sitting.

1997, c. 22, s. 14.

DIVISION III FUNCTIONS AND POWERS

25. The function of the council is to advise the Minister on any matter related to youth, in particular in connection with solidarity between generations, openness to pluralism, and closer intercultural relations.

1987, c. 58, s. 25; 1997, c. 22, s. 15.

26. In the discharge of its function, the council may

(1)  present a formal opinion to the Minister on any matter related to youth that calls for attention or action by the Government, together with its recommendations;

(2)  conduct or commission any studies or research it deems advisable or necessary for the discharge of its function;

(3)  ask for opinions, and receive and hear requests and suggestions from persons, groups and bodies on matters related to youth;

(4)  provide the public with information on any matter related to the needs and interests of youth.

1987, c. 58, s. 26.

27. The council shall advise the Minister on any matter he submits to it in connection with the needs and interests of youth. It shall also conduct or commission any studies or research at the request of the Minister.

1987, c. 58, s. 27.

28. The council shall, where further action is required, see that its opinion is taken into account.

1987, c. 58, s. 28.

29. The council may set up special committees to look into special matters related to youth and specify their powers.

With the authorization of the Minister, the committees may consist, in whole or in part, of persons who are not members of the council.

The members of the committees shall receive no remuneration except in such cases, on such conditions and to such extent as may be determined by the Government. They are, however, entitled to compensation for the expenses they incur to attend the sittings of a committee, on the conditions and to the extent determined by the Government.

1987, c. 58, s. 29.

30. The council shall make by-laws for its internal management. Such by-laws shall be submitted to the Government for approval.

1987, c. 58, s. 30.

DIVISION IV REPORT

31. Not later than 31 July each year, the council shall transmit a report of its activities for the preceding fiscal year to the Minister.

1987, c. 58, s. 31.

32. The Minister shall table the report in the National Assembly within 30 days of receiving it if it is in session or, if it is not sitting, within 30 days of the opening of the next session or resumption.

1987, c. 58, s. 32.

DIVISION V FINAL PROVISIONS

33. The minister designated by the Government is responsible for the administration of this Act.

1987, c. 58, s. 33; 1996, c. 21, s. 44; 2005, c. 24, s. 32.

The Premier is responsible for the administration of this Act. Order in Council 740-2005 dated 17 August 2005, (2005) 137 G.O. 2 (French), 5055.

34. The sums required for the administration of this Act for the fiscal year 1987-88 shall be taken out of the consolidated revenue fund to the extent determined by the Government.

1987, c. 58, s. 34.

35. (Omitted).

1987, c. 58, s. 35.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 58 of the statutes of 1987, in force on 1 September 1987, is repealed, except section 35, effective from the coming into force of chapter C-59.01 of the Revised Statutes.