f-3.2.1.1.1 - Act to establish the Northern Plan Fund

Updated to 1 January 2019

This document has official status.

chapter F-3.2.1.1.1

Act to establish the Northern Plan Fund

2013, c. 16, s. 134; 2014, c. 16, s. 71.

CHAPTER I NORTHERN PLAN FUND

2013, c. 16, s. 136; 2014, c. 16, s. 103.

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 area covered by 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; 2013, c. 16, s. 136; 2014, c. 16, s. 103.

2. The Fund is dedicated to the administration of the Société du Plan Nord and to financing its activities that concern financial assistance for strategic infrastructure, measures promoting the development of the area covered by the Northern Plan, research and development, knowledge acquisition, protection of that 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; 2013, c. 16, s. 136; 2014, c. 16, s. 72.

3. The following are credited to the Fund:

(1)  the sums transferred to it by the Minister of Revenue under section 4;

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

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

(4)  the sums transferred to it by the Minister under sections 53 and 54 of the Financial Administration Act (chapter A-6.001);

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

(6)  the revenue generated by the sums credited to the Fund.

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

4. The Minister of Revenue transfers to the Fund, out of the sums credited to the general 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 transferred to the Fund, the Government takes into account the variation in those 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; 2011, c. 18, Sch. I, s. 4; 2013, c. 16, s. 136; 2014, c. 16, s. 73.

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

The sum is credited to the Fund.

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

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

For 2019, the sum to be paid shall be fixed to $15,000,000. (D. 1472-2018, (2019) G.O. 2, 122)

5.1. (This section ceased to have effect on 1 April 2012).

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

5.2. (This section ceased to have effect on 1 April 2012).

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

6. The Minister may debit from the Fund the sums the Minister pays to the Société du Plan Nord.

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.

2011, c. 18, Sch. I, s. 6, s. 17; 2011, c. 18, Sch. I, s. 6; 2013, c. 16, s. 136; 2014, c. 16, s. 74.

7. (Repealed).

2011, c. 18, Sch. I, s. 7, s. 17; 2011, c. 18, Sch. I, s. 7; 2014, c. 16, s. 75.

8. (Repealed).

2011, c. 18, Sch. I, s. 8, s. 17; 2011, c. 18, Sch. I, s. 8; 2013, c. 16, s. 135; 2014, c. 16, s. 75.

8.1. (This section ceased to have effect on 1 April 2012).

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

9. Any surplus accumulated by the Fund is transferred to the general fund on the dates and to the extent determined by the Government.

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

9.1. (This section ceased to have effect on 1 April 2012).

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

9.2. (This section ceased to have effect on 1 April 2012).

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

9.3. (This section ceased to have effect on 1 April 2012).

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.