E-6.1 - Act respecting the regulation of the financial sector

Updated to 15 October 2003

This document has official status.

chapter A-7.03

Act respecting the Agence nationale d’encadrement du secteur financier

TITLE I THE AGENCE NATIONALE D’ENCADREMENT DU SECTEUR FINANCIER

CHAPTER I ESTABLISHMENT

1. The “Agence nationale d’encadrement du secteur financier” is hereby established, hereinafter called the “Agency”.

The Agency is a legal person and a mandatary of the State.

2002, c. 45, s. 1.

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

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

2002, c. 45, s. 2.

3. The Agency has its head office in the national capital at the location it determines. A notice of the location of the head office, and of any change in its location, shall be published in the Gazette officielle du Québec.

2002, c. 45, s. 3.

CHAPTER IV OPERATION

20. The affairs of the Agency shall be administered by a president and director general appointed by the Government, which shall determine the remuneration, employee benefits and other terms of employment of the president and director general.

The term of the president and director general is five years. At the end of that term, the president and director general shall remain in office until replaced or reappointed.

2002, c. 45, s. 20.

21. The president and director general is responsible for the administration and direction of the Agency within the scope of its internal by-laws and policies and shall exercise his or her functions on a full-time basis.

2002, c. 45, s. 21.

22. The president and director general shall designate one or more members of the staff of the Agency to replace the president and director general in the case of absence or inability to act. The designation shall be published in the Gazette officielle du Québec and in the Agency’s bulletin, but shall take effect as soon as the instrument evidencing the designation is signed by the president and director general.

2002, c. 45, s. 22.

25. The decisions made by the Agency, and certified true by the president and director general, the secretary or any other person authorized for that purpose by the Agency, are authentic. The same applies to the documents or copies of documents emanating from the Agency or forming part of its records when they have been signed or certified true by any of such persons.

2002, c. 45, s. 25.

26. A by-law made by the Agency shall establish a staffing plan as well as the selection criteria and procedure of appointment of the members of its staff.

Subject to the provisions of a collective agreement, such by-law shall also determine the standards and scales of their remuneration, employee benefits and other terms of employment in accordance with the conditions defined by the Government.

2002, c. 45, s. 26.

27. The superintendents, the secretary and the other members of the staff of the Agency may not, on pain of dismissal, occupy another position or have a direct or indirect interest in an enterprise that may place their personal interests in conflict with their duties or functions. If such interest devolves to them by succession or gift, they must renounce it or dispose of it with diligence.

2002, c. 45, s. 27.

28. The Agency shall determine, by by-law, the rules of ethics and the disciplinary sanctions applicable to staff members.

2002, c. 45, s. 28.

29. The president and director general must, if he or she has an interest in an enterprise to which an Act the administration of which is entrusted to the Agency applies, or under which functions or powers are conferred on the president and director general, disclose that fact to the Minister, on pain of forfeiture of office.

2002, c. 45, s. 29.

30. The president and director general may not contract a loan with a legal person or partnership to which an Act the administration of which is entrusted to the Agency applies, or under which functions or powers are conferred on the president and director general, without the Minister having been informed of that fact in writing.

2002, c. 45, s. 30.

31. A superintendent, the secretary or any other member of the staff of the Agency who exercises functions or powers delegated or subdelegated to him or her with respect to the administration of any Act must, at the time determined by the president and director general, send the president and director general a list of his or her interests in any partnership or legal person to which such an Act applies, as well as a list of the loans contracted with such enterprise and on which a balance remains due together with the related conditions.

2002, c. 45, s. 31.

32. No proceedings may be brought against the Agency, the president and director general, a superintendent, the secretary or any other member of the staff of the Agency by reason of acts performed in good faith in the exercise of his or her functions.

The same rule applies to every person who exercises a function or power under a delegation by the Agency.

2002, c. 45, s. 32.

33. The Agency may, as provided by law, enter into an agreement with a government other than the Government of Québec, a department of such a government, an international organization or a body of such a government or organization.

In force: 2004-02-01

It may also, as provided by law, enter into an agreement with a person or an organization, from Québec or outside Québec, with a view to facilitating the application of this Act, an Act referred to in section 7, or a foreign Act on a similar subject.

2002, c. 45, s. 33.

36. The Agency is subject to the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

2002, c. 45, s. 36.

CHAPTER V FINANCIAL PROVISIONS AND REPORTS

39. The Agency may not, without the authorization of the Government

(1)  contract a loan that causes the aggregate of its 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)  acquire or transfer assets in excess of the limits or in contravention of the terms and conditions determined by the Government.

The Agency may not accept any gift, legacy or subsidy.

2002, c. 45, s. 39.

40. The Government may, on the conditions it determines

(1)  guarantee the payment, in principal and interest, of any loan contracted by the Agency and any of its obligations;

(2)  authorize the Minister of Finance to advance any amount to the Agency that is considered necessary for the performance of its obligations or the pursuit of its mission.

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

2002, c. 45, s. 40.

41. The fiscal year of the Agency ends on 31 March.

2002, c. 45, s. 41.

Notwithstanding this section, the first fiscal year of the Agence nationale d’encadrement du secteur financier ends on 31 March 2005. Order in Council 1366-2003 dated 17 December 2003, section 5; (2003) 135 G.O. 2, 3847.

42. The Agency must file with the Minister, no later than 31 July each year, its financial statements and a report on its activities for the previous fiscal year.

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

The activity report of the Agency may assemble all the activity reports that must be filed by the Agency under any Act.

2002, c. 45, s. 42.

43. The Minister shall table the activity report and the financial statements of the Agency before the National Assembly within 30 days of their receipt or, if the Assembly is not sitting, within 30 days of resumption.

2002, c. 45, s. 43.

44. The books and accounts of the Agency shall be audited by the Auditor General each year and whenever the Government so orders.

The Auditor General’s report must be filed with the activity report and the financial statements of the Agency.

2002, c. 45, s. 44.

45. The Agency must furnish to the Minister any information required by the Minister concerning its activities.

2002, c. 45, s. 45.

46. The Agency shall establish a plan of activities according to the form, content and timetable determined by the Government. The plan requires the approval of the Government.

2002, c. 45, s. 46.

47. Every year, the Agency shall submit to the Minister its budget estimates for the following fiscal year, at the time, and according to the form and content determined by the Minister.

The estimates require the approval of the Government.

2002, c. 45, s. 47.

TITLE III SELF-REGULATORY ORGANIZATIONS

CHAPTER I RECOGNITION OF SELF-REGULATORY ORGANIZATIONS

63. No proceedings may be brought against an organization recognized by the Agency or any person exercising a function or power delegated by the Agency by reason of acts performed in good faith in the exercise of the function or power.

2002, c. 45, s. 63.

TITLE V BUREAU DE TRANSITION

CHAPTER I STRUCTURE AND ORGANIZATION

116. A transition bureau called the “Bureau de transition de l’encadrement du secteur financier” is hereby established. It shall be composed of five members, including a chair, appointed by the Minister.

Not in force

The chair and at least two other members shall exercise their functions on a full-time basis.

No person who is a member or employee of an organization mentioned in Schedule 2 may be a member of the Bureau de transition.

2002, c. 45, s. 116.

117. The Bureau de transition is a legal person and a mandatary of the State.

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

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

2002, c. 45, s. 117.

118. The Bureau de transition has its head office at the location determined by the Minister. A notice of the location, and of any change in its location, shall be published in the Gazette officielle du Québec.

2002, c. 45, s. 118.

119. The Bureau de transition is not a body forming part of the Administration within the meaning of the Public Administration Act (chapter A-6.01).

2002, c. 45, s. 119.

120. A member of the Bureau de transition shall receive the remuneration and allowances determined by the Minister.

The Minister may determine any other condition of employment of a member and, in particular, the rules pertaining to the reimbursement of expenses incurred by the members in the exercise of their functions.

2002, c. 45, s. 120.

121. No instrument, document or writing binds the Bureau de transition unless it is signed by the chair, the secretary or by another staff member of the Bureau and, in the latter case, only to the extent determined by by-law of the Bureau.

The Bureau may, on the conditions and for the documents it determines by by-law, allow a signature to be affixed by means of an automatic device or a facsimile to be engraved, lithographed or printed. However, the facsimile shall have the same value as the signature itself only if the document is countersigned by a person authorized by the chair.

2002, c. 45, s. 121.

122. The minutes of the sittings of the Bureau de transition, approved by the latter and certified true by the chair, the secretary or another staff member authorized to do so by by-law, are authentic. The same applies to documents and copies emanating from the Bureau or forming part of its records if they are signed or certified true by any of such persons.

2002, c. 45, s. 122.

123. The Minister shall appoint the secretary of the Bureau de transition and determine his or her remuneration and other conditions of employment.

The secretary shall attend the sittings of the Bureau. The secretary shall keep the registers and have custody of the records and documents of the Bureau and shall exercise any other responsibility the Bureau determines.

If the secretary is unable to act, the Bureau may temporarily replace the secretary by assigning another person to act as secretary. One of the members of the Bureau may also act as secretary if the secretary is unable to act.

2002, c. 45, s. 123.

124. The Bureau de transition may hire the employees required for the discharge of its responsibilities and determine their conditions of employment. It may also retain the services of experts that it considers necessary.

2002, c. 45, s. 124.

125. The members and the employees of the Bureau de transition as well as the employees assigned to the Bureau by a body under section 144 may not be prosecuted by reason of official acts done in good faith in the exercise of their functions. Section 32 of the Public Service Act (chapter F-3.1.1) applies, with the necessary modifications, to such members and employees.

The Government shall assume any responsibility that may be attached to the protection of members and employees under the first paragraph.

2002, c. 45, s. 125.

126. The Bureau de transition may not, without the authorization of the Government, contract a loan that causes the total of its current outstanding loans to exceed the amount determined by the Government.

2002, c. 45, s. 126.

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

(1)  guarantee the payment, in principal and interest, of any loan contracted by the Bureau de transition and any of its obligations;

(2)  authorize the Minister of Finance to advance to the Bureau any amount considered necessary for the performance of its obligations and the pursuit of its mission.

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

2002, c. 45, s. 127.

128. The provisions of the Act respecting guarantee fees in respect of loans obtained by government agencies (chapter F-5.1) do not apply to the Bureau de transition.

2002, c. 45, s. 128.

129. The Government may, on the conditions and according to the terms it determines, authorize the Minister of Finance to grant the Bureau de transition any sum the Minister considers necessary for its operation.

Such sums shall be taken out of the Consolidated Revenue Fund.

2002, c. 45, s. 129.

130. Unless otherwise provided in a government order, the mandate of the Bureau de transition shall end on 6 February 2004.

After that date, the members and the secretary of the Bureau and any other employee designated by the chair shall remain in office for the time required to prepare and finalize the report to be submitted under section 155.

2002, c. 45, s. 130.

131. Within three months after the end of the mandate of the Bureau de transition, the chair shall draw up a notice of dissolution in respect of the Bureau de transition. The notice shall be published in the Gazette officielle du Québec.

On the date of publication of the notice of dissolution, the Bureau de transition is dissolved. The property, rights and obligations of the Bureau de transition are transferred to the Agency.

2002, c. 45, s. 131.

CHAPTER II MISSION

132. The mission of the Bureau de transition is the setting up of the Agence nationale d’encadrement du secteur financier.

It shall, in addition, facilitate the implementation of the new regulatory framework for the financial sector and make the promotion thereof among the practitioners of the financial industry.

It shall also inform the public on the new regulatory framework that applies in Québec’s financial sector and on the new measures put in place for the protection of the public.

2002, c. 45, s. 132.

CHAPTER III OPERATION, POWERS AND RESPONSIBILITIES

DIVISION I OPERATION AND POWERS

133. The decisions of the Bureau de transition shall be made at a sitting of the Bureau de transition.

The quorum at a sitting of the Bureau de transition is a majority of the members.

2002, c. 45, s. 133.

134. Subject to the second paragraph of section 143, the Bureau de transition shall, during its mandate, provide the organizations referred to in Schedule 3 with any information it considers advisable to inform them of the progress of its mission.

The Minister may issue directives to the Bureau in that respect.

2002, c. 45, s. 134.

135. The Bureau de transition may adopt by-laws to establish its operating rules.

2002, c. 45, s. 135.

136. An advisory committee to the Bureau de transition is hereby established.

The members of the committee, at least three of whom shall be from the Bureau des services financiers, the Inspector General of Financial Institutions and the Commission des valeurs mobilières du Québec, shall be appointed by the Minister.

2002, c. 45, s. 136.

137. The Bureau de transition may seek the advice of the advisory committee on any matter. The advisory committee may communicate to the Bureau de transition its opinion on any matter related to the Bureau’s mandate.

2002, c. 45, s. 137.

138. The Bureau de transition shall hold at least one meeting each month with the advisory committee. Any member of the advisory committee who is unable to attend may be replaced by a person he or she designates.

The by-laws of the Bureau de transition may prescribe the operating rules of the advisory committee.

2002, c. 45, s. 138.

139. The Bureau de transition may set up any other committee to examine specific matters, determine its method of operation and designate its members, including the chair.

A committee may include a member who is not a member of the Bureau.

2002, c. 45, s. 139.

140. The chair of the Bureau de transition may entrust the exercise of certain functions or the examination of any matter he or she indicates to one or more members of the Bureau or, as the case may be, of a committee.

2002, c. 45, s. 140.

141. The Bureau de transition may require any body listed in Schedule 2 to provide the Bureau with such information, records or documents belonging to the body that it considers necessary to consult.

The first paragraph also applies to information, records and documents pertaining to a pension plan applicable to any group of employees of a body listed in Schedule 3, held by any administrator of such a plan or by any public body which, by law, exercises a responsibility regarding such a plan.

2002, c. 45, s. 141.

142. The Bureau de transition may require any body listed in Schedule 3 to make a report in respect of a decision or a matter related to the body’s financial position, staff or to any of its employees.

A copy of a report concerning an employee of a body that is submitted to the Bureau de transition shall be transmitted by the body to the person concerned within seven days of the filing of the report.

2002, c. 45, s. 142.

143. Sections 141 and 142 shall apply notwithstanding the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

The members of the Bureau de transition, the members of any committee, the employees of the Bureau and the employees assigned by a body to the Bureau under section 144 are required to keep confidential the information obtained under sections 141 and 142.

The board shall establish a procedure to protect the confidentiality of the information referred to in this section.

2002, c. 45, s. 143.

144. The Bureau de transition may, where considered expedient for the exercise of its responsibilities, make arrangements to use the services of an employee of any of the bodies listed in Schedule 3. The terms and conditions of the employee’s assignment are established by agreement between the Bureau and the body concerned. Failing an agreement, the decision of the Bureau shall prevail.

2002, c. 45, s. 144.

145. Any member or employee of a body listed in Schedule 2 is required to cooperate with any member or employee of the Bureau de transition and with any employee assigned by a body to the Bureau, acting in the exercise of his or her functions.

2002, c. 45, s. 145.

DIVISION II RESPONSIBILITIES

146. The Bureau de transition shall prepare and implement the establishment plan of the Agence nationale d’encadrement du secteur financier.

The plan must take into account, in particular, the human, financial, material and informational resources existing in the bodies listed in Schedule 3, which are transferred to the Agency pursuant to this Act.

It must also provide measures for the integration and redeployment of the resources within the Agency.

2002, c. 45, s. 146.

147. The Bureau de transition may enter into any contract it considers necessary to establish the Agency and foster the soundness of its activities and operations. For these purposes, the Bureau may make any necessary financial commitment for the amount and for the term it considers appropriate.

2002, c. 45, s. 147.

148. The first by-law of the Agency referred to in section 26 shall be made by the Bureau de transition.

2002, c. 45, s. 148.

149. The Bureau de transition may recruit the employees of the Agency other than the employees transferred to the Agency pursuant to this Act and the superintendents.

It shall designate the positions of and assign the functions to be exercised by the employees it recruits and the employees transferred to the Agency.

2002, c. 45, s. 149.

150. The Bureau de transition shall provide, for the employees of the bodies listed in Schedule 3 who are not represented by a certified association, the procedures pertaining to the rights and recourses of an employee who believes he or she has been wronged by the application of integration and redeployment measures.

2002, c. 45, s. 150.

151. The Bureau de transition must authorize all hiring of personnel by the Bureau des services financiers and by the Commission des valeurs mobilières du Québec that takes place after 8 May 2002. Where the hiring has been authorized, the employee is deemed to have commenced in office on that date.

Until such time as the Bureau de transition is constituted, any authorization required by this section shall be requested from the Minister.

The Bureau de transition may, for special reasons, approve the hiring of personnel in respect of which an authorization was required under this section. The approval of the Bureau de transition is deemed to constitute such an authorization.

2002, c. 45, s. 151.

152. The Bureau de transition shall establish the first budget estimates of the Agency covering a 12-month period, including an activity plan for the same period.

The budget estimates shall be transmitted to the Minister not later than 6 December 2003 for approval. Once approved, the estimates are binding on the Agency.

2002, c. 45, s. 152.

153. Any financial commitment made by a body listed in Schedule 3 for a period extending beyond 6 February 2004 must be authorized by the Bureau de transition if the commitment is made on or after 8 May 2002.

Any collective agreement or contract of employment entered into or amended on or after 8 May 2002 by the Bureau des services financiers, the Commission des valeurs mobilières du Québec or the Fonds d’indemnisation des services financiers must be authorized by the Bureau de transition.

The Bureau de transition may, for special reasons, approve a decision, a collective agreement or a contract of employment in respect of which an authorization was required under this section. The approval of the Bureau de transition is deemed to constitute such an authorization.

This section does not apply to a first collective agreement entered into pursuant to the provisions of Division I.1 of Chapter IV of the Labour Code (chapter C-27).

Not in force

The Bureau de transition may, at all times, approve a decision, a collective agreement or a contract of employment for which an authorization is required under the first, second or third paragraph. The approval of the Bureau de transition is deemed to constitute such an authorization.

2002, c. 45, s. 153.

154. The Bureau de transition must examine any other matter or carry out any other mandate that the Minister may entrust to the Bureau within the scope of its mission.

2002, c. 45, s. 154.

155. The Bureau de transition must, within three months following the end of its mandate, submit a report on its activities to the Minister.

The Bureau may include in the report any additional recommendation that should, in its opinion, be brought to the attention of the Minister concerning in particular

(1)  the recognition of self-regulatory organizations;

(2)  the difficulties encountered in the application of this Act and the proposed amendments;

(3)  the special provisions that should, in its opinion, be incorporated into the legal framework applicable to the regulation of the financial sector.

2002, c. 45, s. 155.

156. The Bureau de transition shall, in addition, provide to the Minister any information or report the Minister requires on its activities.

2002, c. 45, s. 156.

TITLE VI AMENDING PROVISIONS

DEPOSIT INSURANCE ACT

179. (Amendment integrated into c. A-26, s. 1).

2002, c. 45, s. 179.

197. (Amendment integrated into c. A-26, s. 56).

2002, c. 45, s. 197.

ACT RESPECTING INSURANCE

213. (Amendment integrated into c. A-32, s. 93.165.1).

2002, c. 45, s. 213.

214. (Amendment integrated into c. A-32, s. 93.192).

2002, c. 45, s. 214.

220. (Amendment integrated into c. A-32, s. 93.245).

2002, c. 45, s. 220.

221. (Amendment integrated into c. A-32, s. 93.269).

2002, c. 45, s. 221.

231. (Amendment integrated into c. A-32, s. 211).

2002, c. 45, s. 231.

233. (Amendment integrated into c. A-32, Chapter III.2, ss. 285.27 to 285.34).

2002, c. 45, s. 233.

234. (Amendment integrated into c. A-32, s. 318).

2002, c. 45, s. 234.

235. (Amendment integrated into c. A-32, heading of Chapter V.1 of Title IV).

2002, c. 45, s. 235.

236. (Amendment integrated into c. A-32, ss. 325.0.1 to 325.0.3).

2002, c. 45, s. 236.

237. (Amendment integrated into c. A-32, s. 325.1).

2002, c. 45, s. 237.

238. (Amendment integrated into c. A-32, s. 358).

2002, c. 45, s. 238.

239. (Amendment integrated into c. A-32, s. 378).

2002, c. 45, s. 239.

242. (Amendment integrated into c. A-32, s. 420).

2002, c. 45, s. 242.

ACT RESPECTING THE CAISSES D’ENTRAIDE ÉCONOMIQUE

245. (Amendment integrated into c. C-3, s. 18).

2002, c. 45, s. 245.

Not in force

275. (Not in force).

2002, c. 45, s. 275.

Not in force

287. (Not in force).

2002, c. 45, s. 287.

Not in force

290. (Not in force).

2002, c. 45, s. 290.

ACT RESPECTING FINANCIAL SERVICES COOPERATIVES

306. (Amendment integrated into c. C-67.3, s. 70).

2002, c. 45, s. 306.

309. (Amendment integrated into c. C-67.3, chapter V.1, ss. 131.1 to 131.7).

2002, c. 45, s. 309.

310. (Amendment integrated into c. C-67.3, s. 162).

2002, c. 45, s. 310.

315. (Amendment integrated into c. C-67.3, s. 258).

2002, c. 45, s. 315.

334. (Amendment integrated into c. C-67.3, s. 599).

2002, c. 45, s. 334.

335. (Amendment integrated into c. C-67.3, s. 721).

2002, c. 45, s. 335.

337. (Amendment integrated into c. C-67.3, s. 731).

2002, c. 45, s. 337.

342. (Not in force).

2002, c. 45, s. 342.

343. (Not in force).

2002, c. 45, s. 343.

DEPOSIT ACT

350. (Amendment integrated into c. D-5, s. 8).

2002, c. 45, s. 350.

ACT RESPECTING THE DISTRIBUTION OF FINANCIAL PRODUCTS AND SERVICES

353. (Amendment integrated into c. D-9.2, s. 28).

2002, c. 45, s. 353.

356. (Amendment integrated into c. D-9.2, s. 59).

2002, c. 45, s. 356.

357. (Amendment integrated into c. D-9.2, s. 72).

2002, c. 45, s. 357.

359. (Amendment integrated into c. D-9.2, s. 81).

2002, c. 45, s. 359.

361. (Not in force).

2002, c. 45, s. 361.

362. (Amendment integrated into c. D-9.2, ss. 103 to 103.4).

2002, c. 45, s. 362.

377. (Amendment integrated into c. D-9.2, s. 146).

2002, c. 45, s. 377.

378. (Not in force).

2002, c. 45, s. 378.

383. (Amendment integrated into c. D-9.2, s. 186.1).

2002, c. 45, s. 383.

384. (Not in force).

2002, c. 45, s. 384.

387. (Amendment integrated into c. D-9.2, s. 189.1).

2002, c. 45, s. 387.

390. (Not in force).

2002, c. 45, s. 390.

400. (Not in force).

2002, c. 45, s. 400.

403. (Not in force).

2002, c. 45, s. 403.

407. (Amendment integrated into c. D-9.2, s. 223).

2002, c. 45, s. 407.

409. (Amendment integrated into c. D-9.2, s. 224.1).

2002, c. 45, s. 409.

416. (Not in force).

2002, c. 45, s. 416.

418. (Not in force).

2002, c. 45, s. 418.

459. (Amendment integrated into c. D-9.2, s. 336).

2002, c. 45, s. 459.

471. (Amendment integrated into c. D-9.2, s. 366.1).

2002, c. 45, s. 471.

483. (Not in force).

2002, c. 45, s. 483.

484. (Not in force).

2002, c. 45, s. 484.

485. (Amendment integrated into c. D-9.2, s. 483).

2002, c. 45, s. 485.

490. (Amendment integrated into c. D-9.2, Title IX.1, s. 494.1).

2002, c. 45, s. 490.

491. (Not in force).

2002, c. 45, s. 491.

ACT RESPECTING NASDAQ STOCK EXCHANGE ACTIVITIES IN QUÉBEC

504. (Amendment integrated into c. E-20.01, s. 5).

2002, c. 45, s. 504.

ACT TO ESTABLISH FONDACTION, LE FONDS DE DÉVELOPPEMENT DE LA CONFÉDÉRATION DES SYNDICATS NATIONAUX POUR LA COOPÉRATION ET L’EMPLOI

511. (Amendment integrated into c. F-3.1.2, s. 21).

2002, c. 45, s. 511.

ACT TO ESTABLISH THE FONDS DE SOLIDARITÉ DES TRAVAILLEURS DU QUÉBEC (F.T.Q.)

514. (Amendment integrated into c. F-3.2.1, s. 16).

2002, c. 45, s. 514.

ACT RESPECTING THE INSTITUT DE LA STATISTIQUE DU QUÉBEC

541. (Amendment integrated into c. I-13.011, s. 39).

2002, c. 45, s. 541.

Not in force

548. (Not in force).

2002, c. 45, s. 548.

ACT RESPECTING THE LEGAL PUBLICITY OF SOLE PROPRIETORSHIPS, PARTNERSHIPS AND LEGAL PERSONS

553. (Amendment integrated into c. P-45, Schedule 1).

2002, c. 45, s. 553.

ACT RESPECTING THE SOCIÉTÉ DES LOTERIES DU QUÉBEC

559. (Amendment integrated into c. S-13.1, s. 18).

2002, c. 45, s. 559.

ACT RESPECTING THE SOCIÉTÉS D’ENTRAIDE ÉCONOMIQUE

563. (Amendment integrated into c. S-25.1, s. 112).

2002, c. 45, s. 563.

ACT RESPECTING TRUST COMPANIES AND SAVING COMPANIES

567. (Amendment integrated into c. S-29.01, s. 3).

2002, c. 45, s. 567.

569. (Amendment integrated into c. S-29.01, s. 15).

2002, c. 45, s. 569.

582. (Amendment integrated into c. S-29.01, Chapter XI.1, ss. 153.1 to 153.7).

2002, c. 45, s. 582.

589. (Amendment integrated into c. S-29.01, s. 194).

2002, c. 45, s. 589.

590. (Amendment integrated into c. S-29.01, s. 203).

2002, c. 45, s. 590.

591. (Amendment integrated into c. S-29.01, s. 216).

2002, c. 45, s. 591.

592. (Amendment integrated into c. S-29.01, s. 226).

2002, c. 45, s. 592.

593. (Amendment integrated into c. S-29.01, s. 227).

2002, c. 45, s. 593.

597. (Amendment integrated into c. S-29.01, s. 244).

2002, c. 45, s. 597.

600. (Amendment integrated into c. S-29.01, s. 295).

2002, c. 45, s. 600.

605. (Amendment integrated into c. S-29.01, ss. 314.1 and 314.2).

2002, c. 45, s. 605.

606. (Amendment integrated into c. S-29.01, s. 315).

2002, c. 45, s. 606.

607. (Amendment integrated into c. S-29.01, s. 333).

2002, c. 45, s. 607.

608. (Amendment integrated into c. S-29.01, s. 351).

2002, c. 45, s. 608.

609. (Omitted).

2002, c. 45, s. 609.

LOAN AND INVESTMENT SOCIETIES ACT

612. (Omitted).

2002, c. 45, s. 612.

SECURITIES ACT

623. (Amendment integrated into c. V-1.1, s. 3).

2002, c. 45, s. 623.

624. (Amendment integrated into c. V-1.1, s. 44).

2002, c. 45, s. 624.

625. (Amendment integrated into c. V-1.1, s. 92).

2002, c. 45, s. 625.

626. (Amendment integrated into c. V-1.1, s. 151.1.1).

2002, c. 45, s. 626.

627. (Amendment integrated into c. V-1.1, s. 154).

2002, c. 45, s. 627.

628. (Amendment integrated into c. V-1.1, s. 156).

2002, c. 45, s. 628.

630. (Amendment integrated into c. V-1.1, ss. 168.1.1 to 168.1.5).

2002, c. 45, s. 630.

632. (Amendment integrated into c. V-1.1, s. 195).

2002, c. 45, s. 632.

633. (Amendment integrated into c. V-1.1, s. 195.2).

2002, c. 45, s. 633.

634. (Amendment integrated into c. V-1.1, s. 204).

2002, c. 45, s. 634.

635. (Amendment integrated into c. V-1.1, s. 208.1).

2002, c. 45, s. 635.

636. (Amendment integrated into c. V-1.1, s. 234).

2002, c. 45, s. 636.

637. (Amendment integrated into c. V-1.1, s. 235).

2002, c. 45, s. 637.

640. (Amendment integrated into c. V-1.1, s. 253).

2002, c. 45, s. 640.

641. (Amendment integrated into c. V-1.1, s. 273.1).

2002, c. 45, s. 641.

653. (Amendment integrated into c. V-1.1, s. 295.2).

2002, c. 45, s. 653.

686. (Amendment integrated into c. V-1.1, s. 330.5).

2002, c. 45, s. 686.

689. (Amendment integrated into c. V-1.1, s. 330.10).

2002, c. 45, s. 689.

690. (Amendment integrated into c. V-1.1, s. 331).

2002, c. 45, s. 690.

691. (Amendment integrated into c. V-1.1, s. 331.1).

2002, c. 45, s. 691.

692. (Amendment integrated into c. V-1.1, s. 332).

2002, c. 45, s. 692.

693. (Amendment integrated into c. V-1.1, s. 334).

2002, c. 45, s. 693.

ACT CONSTITUTING CAPITAL RÉGIONAL ET COOPÉRATIF DESJARDINS

704. (Amendment integrated into c. C-6.1, s. 20).

2002, c. 45, s. 704.

TITLE VII TRANSITIONAL AND FINAL PROVISIONS

Not in force

727. Any person or partnership that, on (insert here the date that precedes the date of the coming into force of section 378), is the holder of a broker’s certificate or a real estate agent’s certificate issued by the Association des courtiers et agents immobiliers du Québec under the Real Estate Brokerage Act (chapter C-73.1) is entitled to be issued a mortgage broker licence, on request.

2002, c. 45, s. 727.

Not in force

728. Upon the issue of the first licence to a person or partnership referred to in section 727, the Authority shall grant a reduction in the fees payable, calculated on a monthly basis, to take into account the fees that the person or partnership has already paid for any time subsequent to the effective date of the licence.

2002, c. 45, s. 728; 2004, c. 37, s. 90.

Not in force

729. The Fonds d’indemnisation du courtage immobilier shall be seized of any claim arising from an act performed by a real estate broker or real estate agent prior to (insert here the date of the coming into force of section 378), with respect to brokerage activities related to loans secured by immovable hypothec.

The sums required for the payment of claims deemed admissible shall be taken out of the Fund.

2002, c. 45, s. 729.

732. A member of a professional order entered on 10 December 2002 in the register kept in accordance with section 67 of the Act respecting the distribution of financial products and services (chapter D-9.2) and referred to in the third paragraph of section 59 of that Act shall be authorized to use the title of financial planner until 31 May 2004, to the extent that the agreement governing the member remains in force or is renewed and the member meets the requirements and complies with the rules determined by the member’s order.

Sections 65 to 68 of the said Act apply to such a member.

2002, c. 45, s. 732.

733. For the purposes of sections 93.165.1, 285.27 to 285.31, 325.0.1 to 325.0.3, 325.1, 358, 378, 387 and 420 of the Act respecting insurance (chapter A-32) as they read on 11 December 2002, “Agence nationale d’encadrement du secteur financier” or “Agency” shall designate the Inspector General of Financial Institutions until the date of the coming into force of section 7.

2002, c. 45, s. 733.

734. For the purposes of sections 131.1 to 131.5 and 599 of the Act respecting financial services cooperatives (chapter C-67.3) as they read on 11 December 2002, “Agence nationale d’encadrement du secteur financier” or “Agency” shall designate the Inspector General of Financial Institutions until the date of the coming into force of section 7.

2002, c. 45, s. 734.

735. For the purposes of sections 59, 81, 103 to 103.2, 186.1, 189.1, 223, 224.1, 336 and 494.1 of the Act respecting the distribution of financial products and services (chapter D-9.2) as they read on 11 December 2002, “Agence nationale d’encadrement du secteur financier” or “Agency” shall designate the Bureau des services financiers until the date of the coming into force of section 7.

2002, c. 45, s. 735.

736. For the purposes of sections 153.1 to 153.5, 226, 227, 244, 314.1, 314.2, 315 and 351 of the Act respecting trust companies and savings companies (chapter S-29.01) as they read on 11 December 2002, “Agence nationale d’encadrement du secteur financier” or “Agency” shall designate the Inspector General of Financial Institutions until the date of the coming into force of section 7.

2002, c. 45, s. 736.

737. For the purposes of section 20 of the Act constituting Capital régional et coopératif Desjardins (chapter C-6.1) as it reads on 11 December 2002, the Agence nationale d’encadrement du secteur financier means the Régie de l’assurance-dépôts du Québec until the date of coming into force of section 7 of this Act.

2002, c. 45, s. 737.

738. For the purposes of sections 92, 151.1.1, 168.1.1 to 168.1.3, 195, 195.2, 236, 273.1, 295.2, 331, 331.1 and 334 of the Securities Act (chapter V-1.1) as they read on 11 December 2002, “Agence nationale d’encadrement du secteur financier” or “Agency” shall designate the Commission des valeurs mobilières du Québec until the date of the coming into force of section 7.

2002, c. 45, s. 738.

745. Notwithstanding the provisions of sections 298, 568 and 568.1 of the Act respecting the distribution of financial products and services (chapter D-9.2), a Chamber may, in its by-laws, extend the term of office of any member of its board of directors in office on 11 December 2002 for one year.

2002, c. 45, s. 745.

746. The Government may, by regulation made before 11 December 2004, adopt any other transitional provision or measure that is expedient for the carrying out of this Act.

A regulation made under the first paragraph shall not be subject to the publication requirement provided for in section 8 of the Regulations Act (chapter R-18.1) and shall enter into force on the date of its publication in the Gazette officielle du Québec or at any later date indicated therein. The regulation may also, if it provides therefor, apply from any date not prior to 11 December 2002.

2002, c. 45, s. 746.

747. The Government may, by order made before 11 December 2004, amend any provision of an Act to provide for the transfer of duties and powers relating to the regulation of the financial sector to the Agence nationale d’encadrement du secteur financier in order to attain the object of this Act.

Sections 707 to 726 apply to the transfer to the Agence nationale d’encadrement du secteur financier of any of such duties and powers.

2002, c. 45, s. 747.

748. The sums required for the carrying out of this Act during the 2002/2003 fiscal year shall be taken out of the Consolidated Revenue Fund, to such extent as is determined by the Government.

2002, c. 45, s. 748.

749. The Minister of Finance is responsible for the application of this Act.

2002, c. 45, s. 749.

750. (Omitted).

2002, c. 45, s. 750; 2002, c. 70, s. 178.

SCHEDULE 2

(section 116)

BUREAU DES SERVICES FINANCIERS

CHAMBRE DE L’ASSURANCE DE DOMMAGES

CHAMBRE DE LA SÉCURITÉ FINANCIÈRE

COMMISSION DES VALEURS MOBILIÈRES DU QUÉBEC

FONDS D’INDEMNISATION DES SERVICES FINANCIERS

THE INSPECTOR GENERAL OF FINANCIAL INSTITUTIONS

INSTITUT QUÉBÉCOIS DE PLANIFICATION FINANCIÈRE

RÉGIE DE L’ASSURANCE-DÉPÔTS DU QUÉBEC

2002, c. 45, Schedule 2.

SCHEDULE 3

(section 134)

BUREAU DES SERVICES FINANCIERS

COMMISSION DES VALEURS MOBILIÈRES DU QUÉBEC

FONDS D’INDEMNISATION DES SERVICES FINANCIERS

THE INSPECTOR GENERAL OF FINANCIAL INSTITUTIONS

RÉGIE DE L’ASSURANCE-DÉPÔTS DU QUÉBEC

2002, c. 45, Schedule 3.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 45 of the statutes of 2002, in force on 1 April 2003, is repealed, except sections 157 to 161, 697, 698 and 750, effective from the coming into force of chapter A-7.03 of the Revised Statutes.