F-3.2.1.1.1 - Act to establish the Northern Plan Fund

Updated to 13 June 2011

This document has official status.

chapter F-3.2.1.1.1

Act to establish the Northern Plan Fund

CHAPTER I NORTHERN PLAN FUND

1. The Northern Plan Fund is established within the Ministère des Finances.

The purpose of the Fund is to foster the development and protection of the area covered by the Northern Plan.

The Northern Plan covers all of Québec located north of the 49th degree of north latitude and north of the St. Lawrence River and the Gulf of St. Lawrence.

2011, c. 18, Sch. I, s. 1.

2. The Fund is dedicated to providing financial assistance for measures and strategic infrastructure promoting the development of the area covered by the Northern Plan and to financing the protection of the area and social measures aimed, in particular, at meeting the needs of the populations living in that area.

The Fund is also dedicated to financing the carrying out of the mandates given to Investissement Québec for the purpose of promoting the economic development of the area covered by the Northern Plan.

Financial assistance for strategic infrastructure may be for infrastructure construction, renewal, maintenance or operation.

2011, c. 18, Sch. I, s. 2.

3. The Fund is made up of

(1)  the sums paid into it by the Minister of Revenue under section 4;

(2)  the sums paid into it by Hydro-Québec under section 5;

(3)  the sums paid into it by a minister or a budget-funded body out of the appropriations allocated for that purpose by Parliament;

(4)  the sums paid into it by the Minister under sections 5.1 and 5.2;

(5)  the gifts, legacies and other contributions paid into it to further the achievement of its objects; and

(6)  the revenue generated by the assets making up the Fund.

2011, c. 18, Sch. I, s. 3, s. 17.

4. The Minister of Revenue pays into the Fund, at the intervals and in accordance with the other terms determined by the Government, the part that the latter determines of the proceeds of the taxes referred to in the following subparagraphs, without exceeding, for each fiscal year, the amount specified:

(1)  the income tax payable by individuals under Title I of Book V of Part I of the Taxation Act (chapter I-3), up to $75,000,000;

(2)  the income tax payable by corporations under Title II of that Book, up to $75,000,000; and

(3)  the public utility tax payable under Part VI.4 of that Act, up to $20,000,000.

When determining the part of the proceeds of the taxes that is to be paid into the Fund, the Government takes into account the variation in these proceeds that is attributable to the activities carried out in the area covered by the Northern Plan to develop the natural resources found there, and to the financing of measures and strategic infrastructure by the Fund.

2011, c. 18, Sch. I, s. 4, s. 17.

5. Hydro-Québec pays a sum of $10,000,000 annually into the Fund, within 30 days after the end of its fiscal year.

The sum to be paid by Hydro-Québec as of the year 2017 is determined by the Government.

2011, c. 18, Sch. I, s. 5, s. 17.

5.1. The Minister may take out of the Financing Fund established under the Act respecting the Ministère des Finances (chapter M-24.01) any sum that the Minister lends to the Northern Plan Fund.

An amount paid into the Northern Plan Fund by means of such a loan is repayable out of that Fund.

2011, c. 18, Sch. I, s. 17.

5.2. The Minister may, with the authorization of the Government and on the conditions it determines, advance to the Northern Plan Fund sums taken out of the Consolidated Revenue Fund.

Conversely, the Minister may advance to the Consolidated Revenue Fund, on the conditions the Minister determines, any part of the sums making up the Northern Plan Fund that is not required for its operation.

Any advance made to a fund is repayable out of that Fund.

2011, c. 18, Sch. I, s. 17.

6. The Minister may take the following sums out of the Fund:

(1)  the sums that the Minister puts at the disposal of government bodies within the meaning of the Financial Administration Act (chapter A-6.001) or private bodies;

(2)  the sums that the Minister pays into the Economic Development Fund established under the Act respecting Investissement Québec (chapter I-16.0.1) for the carrying out of investment prospecting and solicitation mandates given to Investissement Québec by the Government, under the Act, with regard to the area covered by the Northern Plan; and

(3)  the sums that the Minister may pay into the following special funds:

(a)  the mining heritage component of the Natural Resources Fund, established by section 17.12.12 of the Act respecting the Ministère des Ressources naturelles et de la Faune (chapter M-25.2);

(b)  the Land Transportation Network Fund, established by paragraph 1 of section 12.30 of the Act respecting the Ministère des Transports (chapter M-28);

(c)  the Green Fund established by section 15.1 of the Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs (chapter M-30.001); and

(d)  the Tourism Partnership Fund established under section 19 of the Act respecting the Ministère du Tourisme (chapter M-31.2).

The Minister may, in addition, determine the intervals and other terms of the payments. The Minister may also subject the payments to any conditions the Minister considers appropriate.

When paying a sum to a government body, the Minister may, jointly with the body, define a program under which it may redistribute those sums, in accordance with the purposes of the Fund.

2011, c. 18, Sch. I, s. 6, s. 17.

7. A minister designated in accordance with section 8 may take out of the Fund the sums specified in the designating order.

2011, c. 18, Sch. I, s. 7, s. 17.

8. When the activities of a government department permit the provision of financial assistance for measures and strategic infrastructure or the delivery of services in the area covered by the Northern Plan, the Government may designate the Minister responsible for the department, on the joint recommendation of the Minister of Finance and the Minister concerned and after consulting with the Minister of Natural Resources and Wildlife, as having the authority to take sums out of the Fund.

The designating order must, for each of the fiscal years during which it is applicable, specify how the sums are to be used and the maximum amount that may be taken out of the Fund.

The Minister concerned tables the order in the National Assembly within 15 days of the date it is made, or if the Assembly is not sitting, within 15 days of resumption.

The Minister concerned continues to be responsible for the activities for which sums are debited from the Fund.

2011, c. 18, Sch. I, s. 8, s. 17.

8.1. The management of the sums making up the Fund is entrusted to the Minister. The sums are paid to the order of the Minister and deposited with the financial institutions designated by the Minister.

The Minister keeps the books of account of the Fund and records the financial commitments chargeable to it. The Minister also ensures that those commitments and the payments arising from them do not exceed and are consistent with the available balances.

The manner in which the Fund is to be managed is determined by the Conseil du trésor.

2011, c. 18, Sch. I, s. 17.

9. Any surplus accumulated by the Fund is paid into the Consolidated Revenue Fund on the dates and to the extent determined by the Government.

2011, c. 18, Sch. I, s. 9, s. 17.

9.1. Sections 20, 21, 26 to 28, Chapters IV and VI and sections 89 and 90 of the Financial Administration Act (chapter A-6.001) apply to the Fund, with the necessary modifications.

2011, c. 18, Sch. I, s. 17.

9.2. The fiscal year of the Fund ends on 31 March.

2011, c. 18, Sch. I, s. 17.

9.3. Despite any provision to the contrary, the Minister must, in the event of a deficiency in the Consolidated Revenue Fund, pay out of the Northern Plan Fund the sums required for the execution of a judgment against the State that has become res judicata.

2011, c. 18, Sch. I, s. 17.

10. The books and accounts of the Fund are audited each year by the Auditor General.

2011, c. 18, Sch. I, s. 10.

CHAPTER II AMENDING PROVISIONS

11. (Amendment integrated into c. I-16.0.1, s. 22.1).

2011, c. 18, Sch. I, s. 11.

12. (Amendment integrated into c. I-16.0.1, s. 26).

2011, c. 18, Sch. I, s. 12.

13. (Amendment integrated into c. M-25.2, s. 17.12.17).

2011, c. 18, Sch. I, s. 13.

14. (Amendment integrated into c. M-28, s. 12.32).

2011, c. 18, Sch. I, s. 14.

15. (Amendment integrated into c. M-30.001, s. 15.4).

2011, c. 18, Sch. I, s. 15.

16. (Amendment integrated into c. M-31.2, s. 21).

2011, c. 18, Sch. I, s. 16.

CHAPTER III TRANSITIONAL AND FINAL PROVISIONS

17. For the period from 13 June 2011 to 31 March 2012, this Act is to be read

(1)  (amendment integrated into c. F-3.2.1.1.1, ss. 3-5.2);

(2)  (amendment integrated into c. F-3.2.1.1.1, s. 6);

(3)  (amendment integrated into c. F-3.2.1.1.1, s. 7);

(4)  (amendment integrated into c. F-3.2.1.1.1, s. 8);

(5)  (amendment integrated into c. F-3.2.1.1.1, s. 8.1);

(6)  (amendment integrated into c. F-3.2.1.1.1, s. 9);

(7)  (amendment integrated into c. F-3.2.1.1.1, ss. 9.1-9.3).

2011, c. 18, Sch. I, s. 17.

18. (Amendment integrated into c. I-16.0.1, s. 26; amendment integrated into c. M-25.2, s. 17.12.17; amendment integrated into c. M-28, s. 12.32; amendment integrated into c. M-30.001, s. 15.4; amendment integrated into c. M-31.2, s. 21).

2011, c. 18, Sch. I, s. 18.

19. The Minister pays into the Fund, for the 2011-2012 fiscal year, a sum of $19,000,000 taken out of the Consolidated Revenue Fund.

2011, c. 18, Sch. I, s. 19.

20. An order made under section 4 cannot apply to a fiscal year preceding the fiscal year 2012-2013.

2011, c. 18, Sch. I, s. 20.

21. The Minister of Finance is responsible for the administration of this Act.

2011, c. 18, Sch. I, s. 21.

22. (Omitted).

2011, c. 18, Sch. I, s. 22.