D-8.1 - Act respecting the development of Québec firms in the book industry

Updated to 17 June 2005

This document has official status.

chapter D-8.1

Act respecting the development of Québec firms in the book industry

DIVISION I GENERAL PROVISIONS

1. In this Act and the regulations, unless the context indicates otherwise,

(1)  “control” means

(a)  the direct or indirect right of ownership, as real owner, over the securities issued by a person eligible to accreditation, or mastery over such securities, whether shares, bonds or any other evidence of indebtedness;

(b)  the power of decision over the securities issued by a person eligible to accreditation;

(c)  a right or power giving to a person, his successors or any other person related to him within the meaning of the Taxation Act (chapter I-3), real ownership of the eligible person, mastery over the eligible person, or effective control over the administration or activities of the eligible person, whether such right or power is exercised under a contract of management or otherwise;

(2)  “distributor” means every person, including a publisher, an agent or any other intermediary, whose main or secondary activity in Québec, by exclusive right or on any other basis, is the trade, distribution or transportation of books through a bookstore or a sales outlet;

(3)  “publisher” means any person whose main or secondary activity in Québec is the selection and production of a manuscript or a text in the form of a book, its distribution and its putting on sale;

(4)  “bookseller” means any person whose main or secondary activity is the sale of books to the public in Québec;

(5)  “book” means

(a)  a non-periodical printed publication containing not less than 48 pages of text or illustrations or both, not including the cover pages, regardless of how it is assembled;

(b)  a non-periodical printed publication which is a collection of poems, containing not less than 32 pages of text or illustrations or both, not including the cover pages;

(c)  a non-periodical printed publication intended for children, containing not less than 16 pages of text or illustrations or both, or in the form of cartoons with or without text, bound in paper or hardback;

(d)  a non-periodical printed publication, presented in the form of cartoons for adults, containing not less than 16 pages, with text, bound in paper or hardback;

(e)  a non-periodical printed publication dealing solely with music, bound in paper or hardback, or an instrument method or music score, regardless of the number of pages;

(f)  a serial publication, whether of material described in subparagraphs a to e, in several parts, or of volumes published successively under a common title over an undefined period but not necessarily at regular intervals;

but excluding school manuals.

1979, c. 68, s. 1; 1999, c. 40, s. 106.

2. The financial aid which may be granted, according to law, by the Government or a government department or agency or a mandatary of the State to a person carrying on a publishing, distribution or bookselling business shall be granted only to persons holding a certificate of accreditation issued under this Act or being eligible therefor.

1979, c. 68, s. 2; 1999, c. 40, s. 106.

3. Any acquisition of books on behalf of a government department, a government agency or a mandatary of the State, or a body mentioned in the Schedule must, to be valid, be made from a bookseller holding a certificate of accreditation issued under this Act.

This acquisition must be made in conformity with the procedure, conditions, norms and scales determined by government regulation, and accredited booksellers must comply with this regulation.

1979, c. 68, s. 3; 1999, c. 40, s. 106.

4. No person may use the title of accredited publisher, accredited distributor or accredited bookseller nor hold out that a firm or establishment is accredited unless he holds a certificate of accreditation issued under this Act.

1979, c. 68, s. 4.

5. Every person who distributes books in Québec must, for the purpose of calculating his sales price, comply with the discount and tabulated statements determined by government regulation.

1979, c. 68, s. 5.

DIVISION II ADVISORY BOARD ON READING AND THE BOOK INDUSTRY

6. An advisory board on reading and the book industry is instituted.

The board is composed of not over 16 members, including the chairman.

After consultation with the major groups, associations and bodies representing the circles of writers, consumers and firms in the book industry, the Minister shall appoint not over 12 of such members, including the chairman.

Four other members shall be public servants designated in the following manner:

(1)  one by the Minister of Culture and Communications;

(2)  two by the Minister of Education, Recreation and Sports;

(3)  one by the minister responsible for the administration of the Act respecting government services to departments and public bodies (chapter S‐6.1).

The members designated under the fourth paragraph shall take part in the deliberations but are not entitled to vote.

1979, c. 68, s. 6; 1985, c. 21, s. 29; 1988, c. 41, s. 88; 1992, c. 65, s. 43; 1993, c. 51, s. 32; 1994, c. 14, s. 34; 1994, c. 16, s. 50; 1994, c. 18, s. 36; 2005, c. 28, s. 195.

7. The members shall be appointed for not more than three years.

They shall remain in office at the expiry of their term until they are reappointed or replaced.

Any vacancy occurring during the term of office of a member shall be filled for the remainder of his term in the mode provided for his appointment or designation.

If the chairman is absent or unable to act, the Minister shall designate the member to replace him.

1979, c. 68, s. 7; 1999, c. 40, s. 106.

8. The functions of the board are to advise and submit recommendations to the Minister, at his request or on its own initiative, in respect of any matter pertaining to reading, the book industry and the application of this Act and the regulations.

The Minister shall submit the draft regulations contemplated in this Act to the board for its advice.

The board may, in the exercise of its functions,

(1)  solicit opinions, and receive and hear requests and suggestions from individuals and groups in respect of any matter pertaining to the draft regulations, reading and the book trade;

(2)  conduct surveys and research considered useful or necessary for the performance of its duties.

The Minister shall table the advice of the board regarding the draft regulations before the National Assembly within 30 days of receiving them, if it is in session; if it is not, he shall table them within thirty days of the opening of the next session, or within fifteen days of resumption, as the case may be.

1979, c. 68, s. 8.

9. The secretary and the other members of the personnel of the board are appointed in accordance with the Public Service Act (chapter F-3.1.1).

1979, c. 68, s. 9; 1983, c. 55, s. 161; 2000, c. 8, s. 242.

10. No member of the board may, on pain of forfeiture of office, participate in any deliberation or decision on a matter respecting an undertaking in which he has a personal interest.

1979, c. 68, s. 10.

11. The board may, by by-law,

(a)  provide for its internal management;

(b)  from committees, determine their composition and delegate to them the exercise of the functions vested in it by this Act.

Every by-law contemplated in the first paragraph comes into force on approval by the Minister.

1979, c. 68, s. 11.

12. Minutes of the meetings of the board and of its committees certified true by the chairman or the secretary are authentic, as is a document or copy emanating from the board, if it is signed by the chairman or the secretary.

1979, c. 68, s. 12.

13. Not later than 30 June each year, the board shall remit to the Minister a report of its activities for its preceding fiscal period. This report shall also contain all the information the Minister may require.

The Minister shall table the report before the National Assembly if it is in session; if it is not, he shall table it within thirty days of the opening of the next session, or within fifteen days of resumption, as the case may be.

1979, c. 68, s. 13.

14. The members of the board shall not be remunerated. However, those members of the board or of its committees who are not members of the civil service staff or of a body whose members are appointed by the Government are entitled to the reimbursement of justifiable expenses incurred by them in the performance of their duties, or to receive an attendance allowance determined by government regulation.

1979, c. 68, s. 14.

DIVISION III ISSUE OF THE CERTIFICATE OF ACCREDITATION

15. Every person is eligible for accreditation provided that he carries on in Québec, on his own behalf, publishing, distribution or bookselling activities in conformity with the norms and conditions determined by government regulation.

1979, c. 68, s. 15.

16. Every natural person is eligible for accreditation if he is a Canadian citizen and domiciled in Québec.

1979, c. 68, s. 16; 1983, c. 54, s. 37.

16.1. Every joint stock legal person is eligible for accreditation if all the shares of its capital stock are the property of persons who are Canadian citizens domiciled in Québec and if all its directors and executive officers are Canadian citizens domiciled in Québec.

1983, c. 54, s. 37; 1999, c. 40, s. 106.

16.2. Notwithstanding section 16.1, every joint stock legal person the shares of the capital stock of which are listed on a Canadian stock exchange is eligible for accreditation if, for the purposes of its activities, its principal establishment is situated in Québec.

1983, c. 54, s. 37; 1999, c. 40, s. 106.

16.3. For the purposes of section 16.2, “principal establishment” means the place where the centre of decision making and actual management of the undertaking is situated.

The principal establishment of a legal person is deemed to be situated outside Québec

(1)  if the majority of the members of the board of directors are not domiciled in Québec; or

(2)  if the legal person is controlled in fact or in law by one or several natural persons who are not domiciled in Québec, or by one or several legal persons the principal establishment of which is situated outside Québec.

1983, c. 54, s. 37; 1999, c. 40, s. 106.

16.4. Every legal person without capital stock is eligible for accreditation if all its members are Canadian citizens domiciled in Québec.

1983, c. 54, s. 37; 1999, c. 40, s. 106.

16.5. The Minister may refuse accreditation to a legal person if he is of opinion that it is directly or indirectly controlled by one or several persons who are not eligible for accreditation.

1983, c. 54, s. 37.

16.6. Where the shares of the capital stock of the person applying for accreditation are held by a legal person, the legal person must be eligible for accreditation in accordance with sections 16.1 to 16.5.

1983, c. 54, s. 37.

17. Every eligible person who applies for accreditation shall transmit his application to the Minister of Culture and Communications on the form furnished by the latter, within the period and with the information and documents determined by government regulation.

1979, c. 68, s. 17; 1992, c. 65, s. 43; 1994, c. 14, s. 34.

18. Before deciding on an application for accreditation, the Minister shall obtain the advice of the board. An application for advice shall be presented by the civil servant who is the member of the board designated by the Minister.

The board has no access to confidential information submitted with an application for accreditation and it shall refer in this matter to the report of the civil servant contemplated in the first paragraph.

1979, c. 68, s. 18.

19. The Minister may refuse to issue a certificate of accreditation to an eligible person who,

(a)  during the five preceding years, has been the object of an assignment of property or of a proposal or judgment of bankruptcy, either personally or as a major shareholder, executive officer or director of a legal person or partnership;

(b)  during the three preceding years, has been convicted of an offence against this Act or the regulations, or of an indictable offence in connection with the occupation of bookseller and for which he has not obtained a pardon.

1979, c. 68, s. 19; 1986, c. 95, s. 129; 1999, c. 40, s. 106.

20. The Minister may subject the issue of a certificate of accreditation to the conditions determined by government regulation.

1979, c. 68, s. 20.

21. A certificate of accreditation issued by the Minister remains in force so long as the holder complies with this Act and the regulations.

However, the Minister may issue a certificate of accreditation for a determinate period or temporarily where he thinks it necessary, or, in the cases determined by government regulation, require a new application for accreditation.

1979, c. 68, s. 21.

22. The holder of a certificate of accreditation shall previously inform the Minister in writing of any change of residence, alienation of assets or shares or of any operation making him ineligible for accreditation.

1979, c. 68, s. 22.

DIVISION IV CANCELLATION OR SUSPENSION OF CERTIFICATES OF ACCREDITATION

23. The Minister may cancel or suspend a certificate of accreditation, if the holder

(a)  continuously and repeatedly contravenes this Act and the regulations;

(b)  has ceased, continuously or repeatedly, to meet the conditions, requirements, norms or qualifications required for the issue of a certificate of accreditation or attached to the certificate;

(c)  makes a false declaration, furnishes false information, commits any fraud or misappropriates funds in requesting or using the Government aid contemplated in section 2.

1979, c. 68, s. 23; 1997, c. 43, s. 220.

24. Before deciding on the cancellation or suspension of the certificate of accreditation, the Minister shall obtain the advice of the board and notify the person concerned in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the person at least 10 days to present observations.

1979, c. 68, s. 24; 1997, c. 43, s. 221.

25. A certified true copy of the substantiated decision of the Minister shall be transmitted by registered or certified mail to the person concerned.

1979, c. 68, s. 25.

DIVISION V PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC

1988, c. 21, s. 66; 1997, c. 43, s. 222.

26. Any person whose application for accreditation is refused or whose certificate of accreditation is cancelled or suspended may contest the Minister’s decision before the Administrative Tribunal of Québec within 30 days of notification of the decision.

(a)  (paragraph repealed);

(b)  (paragraph repealed).

1979, c. 68, s. 26; 1988, c. 21, s. 66; 1997, c. 43, s. 223.

27. (Repealed).

1979, c. 68, s. 27; 1988, c. 21, s. 66; 1997, c. 43, s. 224.

28. (Repealed).

1979, c. 68, s. 28; 1997, c. 43, s. 224.

29. (Repealed).

1979, c. 68, s. 29; 1997, c. 43, s. 224.

30. (Repealed).

1979, c. 68, s. 30; 1997, c. 43, s. 224.

DIVISION VI ADMINISTRATION

31. The Minister may delegate, in writing and to the extent he indicates, the powers conferred upon him by this Act and the regulations, to any person designated by the Government.

The Minister shall give notice to the board of any act of delegation issued under the first paragraph.

1979, c. 68, s. 31.

32. The Minister shall designate persons in view of seeing to the application of this Act or the regulations.

He may order such persons

(a)  to enter, during ordinary office hours, in the presence of an employee or of the person in charge, any establishment, office or premises of a publisher, distributor, bookseller, institution or body subject to this Act or the regulations, and examine account books, returns, registers or any other relevant documents;

(b)  require, of any person who has custody or control thereof or access thereto, any information regarding the application of this Act or the regulations and the production of any document pertaining thereto.

1979, c. 68, s. 32; 1999, c. 40, s. 106.

33. No person may hinder, in any manner, a person contemplated in section 32 in the performance of his duties, mislead him by means of concealment or false declarations or refuse to furnish to him a document or information he has the right to obtain under this Act or a regulation.

1979, c. 68, s. 33.

34. No person designated by the Minister under section 32 may be prosecuted for an official act done in good faith in the performance of his duties.

1979, c. 68, s. 34.

35. A person designated by the Minister to exercise the functions provided by this Act or the regulations shall, if requested to do so, exhibit proof of his designation for such purpose.

1979, c. 68, s. 35.

36. (Repealed).

1979, c. 68, s. 36; 1987, c. 68, s. 72.

37. Any government department or agency, mandatary of the State or body contemplated in the Schedule shall, at the demand of the Minister, furnish to him any information required for the application and carrying out of this Act and the regulations.

However, the first paragraph does not apply to information obtained in the application of a fiscal law within the meaning of the Act respecting the Ministère du Revenu (chapter M-31).

1979, c. 68, s. 37; 1999, c. 40, s. 106.

DIVISION VII REGULATIONS

38. In addition to the other powers provided by this Act, the Government may, by regulation, upon the recommendation of the Minister, who shall obtain the advice of the board,

(1)  define what is meant in this Act by school manual, discount and tabulated statement;

(2)  determine the form and tenor of the documents to be transmitted by those applying for accreditation;

(3)  determine the activities, occupations or professions incompatible with those carried on by the person eligible for accreditation;

(4)  dispense, in whole or in part, a category of persons, of undertakings or of activities from the application of this Act and the regulations;

(5)  establish regions and, as the case may be, prescribe for the purposes of the application of this Act and the regulations, specific norms, terms and conditions for each of them.

1979, c. 68, s. 38.

39. The Government shall publish every draft regulation in the Gazette officielle du Québec, with a notice that it will be adopted at the expiry of thirty days.

Every regulation comes into force on the day of the publication, in the Gazette officielle du Québec, of a notice that it has been adopted by the Government or, if amended by it, of its final text, or on any later date fixed in the notice or final text.

1979, c. 68, s. 39.

DIVISION VIII PENAL PROVISIONS

1992, c. 61, s. 261.

40. Every person who

(a)  contravenes this Act or a regulation,

(b)  makes a false declaration in an application for accreditation or for a transfer of accreditation or in a document or information required by the Minister under this Act or a regulation, or

(c)  purchases or sells, or offers to purchase or sell property or a service contemplated in this Act or a regulation in a manner not in conformity with this Act or the regulations,

is guilty of an offence.

1979, c. 68, s. 40.

41. Where a legal person, association, partnership, institution or body subject to this Act or a regulation is guilty of an offence, a director, member, partner, employee, officer or any representative of that legal person, association, partnership, institution or body who has prescribed or authorized the commission of the offence or who has consented thereto or participated therein, is deemed a party to the offence and is liable to the same penalty as that provided for the offender.

1979, c. 68, s. 41; 1999, c. 40, s. 106.

42. Every person who is convicted of an offence against any provision of this Act or of a regulation is liable

(a)  to a fine of not under $200 nor over $1,000 for a first offence and a fine of not under $400 nor over $2,000 for any subsequent conviction, where a person other than the person contemplated in paragraph b is guilty of the offence;

(b)  to a minimum fine equal to three times and a maximum fine equal to six times those provided for in paragraph a where a legal person, association, partnership, institution or body is guilty of the offence.

1979, c. 68, s. 42; 1990, c. 4, s. 384; 1999, c. 40, s. 106.

43. (Repealed).

1979, c. 68, s. 43; 1990, c. 4, s. 385; 1992, c. 61, s. 262.

DIVISION IX TRANSITIONAL AND FINAL PROVISIONS

44. (Omitted).

1979, c. 68, s. 44.

45. Every regulation or order made under the Booksellers Accreditation Act remains in force to the extent that it is in accordance with this Act and the regulations, until it is repealed, amended or replaced by a regulation made under this Act.

1979, c. 68, s. 45.

46. Every certificate of accreditation issued under the Booksellers Accreditation Act (chapter A-11) remains in force until 31 October 1980 or, if an application form has been filled, until the Minister issues or refuses to issue a certificate of accreditation under this Act, unless the certificate is suspended or cancelled under Division IV of the Booksellers Accreditation Act.

1979, c. 68, s. 46.

47. In any Act, proclamation, order in council, contract or document, any reference to the Booksellers Accreditation Act (chapter A-11) is deemed to be a reference to this Act.

1979, c. 68, s. 47.

48. The advisory board on reading and the book industry succeeds to the advisory committee contemplated in section 3 of the Booksellers Accreditation Act (chapter A-11).

1979, c. 68, s. 48.

49. (Amendment integrated into c. M-20, ss. 4.1-4.3).

1979, c. 68, s. 49.

50. The sums required for the application of this Act are taken, for the fiscal periods 1979-1980 and 1980-1981, out of the Consolidated Revenue Fund and, for the subsequent fiscal periods, out of the sums granted annually for such purpose by the Legislature.

1979, c. 68, s. 50.

51. The procedure established under the second paragraph of section 3 applies to a body mentioned in the Schedule notwithstanding any inconsistent provision of any Act governing that body.

1979, c. 68, s. 51.

52. The Minister of Culture and Communications is responsible for the application of this Act.

1979, c. 68, s. 52; 1992, c. 65, s. 43; 1994, c. 14, s. 34.

53. (Omitted).

1979, c. 68, s. 53.

54. (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.

SCHEDULE

(a) Municipalities and metropolitan communities as well as any body under their authority;

(b) school boards and any body under their authority, whatever the Act governing them may be;

(c) general and vocational colleges;

(d) the institutions subject to the Act respecting private education (chapter E-9.1);

(e) public libraries and regional service centres for public libraries referred to in the Act respecting the Ministère de la Culture et des Communications (chapter M-17.1);

(f) institutions governed by the Act respecting health services and social services (chapter S-4.2) or by the Act respecting health services and social services for Cree Native persons (chapter S-5).

1979, c. 68, Schedule; 1990, c. 85, s. 122; 1992, c. 21, s. 152; 1992, c. 65, s. 30; 1992, c. 68, s. 156; 1994, c. 14, s. 34; 1994, c. 23, s. 23; 1996, c. 2, s. 642; 2000, c. 56, s. 218.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 68 of the statutes of 1979, in force on 31 December 1981, is repealed, except section 53, effective from the coming into force of chapter D-8.1 of the Revised Statutes.