F-4.0021 - Act to establish the Fund for the promotion of a healthy lifestyle

Updated to 1 April 2012

This document has official status.

chapter F-4.0021

Act to establish the Fund for the promotion of a healthy lifestyle

CHAPTER I FUND FOR THE PROMOTION OF A HEALTHY LIFESTYLE

2009, c. 39, s. 17.

1. The Fund for the promotion of a healthy lifestyle is established at the Ministère de la Santé et des Services sociaux.

The purpose of the Fund is to fund activities, programs and projects that foster healthy eating and physical activity, to promote social norms that encourage a healthy lifestyle, to improve services to persons with a weight problem, and to support innovation and the acquisition and transfer of knowledge in those areas. Only activities, programs and projects that do not come under regular programs established or approved by the Government may be so funded.

2007, c. 1, s. 1.

2. (Repealed).

2007, c. 1, s. 2; 2011, c. 18, s. 128.

3. The following are credited to the Fund:

(1)  the sums transferred to the Fund by the Minister of Revenue under section 5;

(2)  the sums transferred to the Fund by a minister out of the appropriations granted for that purpose by Parliament;

(3)  the gifts, legacies and other contributions paid into the Fund to further the achievement of the purpose of the Fund;

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

(5)  the interest earned on bank balances in proportion to the sums referred to in paragraphs 1 and 3.

2007, c. 1, s. 3; 2011, c. 18, s. 129.

4. (Repealed).

2007, c. 1, s. 4; 2011, c. 18, s. 130.

5. On the dates and in the manner determined by the Government, the Minister of Revenue transfers to the Fund, out of the sums credited to the general fund, part of the proceeds of the tobacco tax collected under the Tobacco Tax Act (chapter I-2) for a total amount of $20,000,000 per year.

2007, c. 1, s. 5; 2011, c. 18, s. 131.

6. (Repealed).

2007, c. 1, s. 6; 2011, c. 18, s. 132.

7. (Repealed).

2007, c. 1, s. 7; 2011, c. 18, s. 132.

8. The sums required for the following purposes are debited from the Fund:

(1)  the payment of subsidies or contributions by the Minister to the Société de gestion du Fonds pour la promotion des saines habitudes de vie or any other body for the purposes set out in section 1;

(2)  (subparagraph repealed);

(3)  the payment of any expense necessary for the carrying out of the functions entrusted to the Minister by this Act.

The Government determines the terms of those payments and the conditions subject to which payments are to be made to the Société de gestion du Fonds pour la promotion des saines habitudes de vie or to any other body.

2007, c. 1, s. 8; 2011, c. 18, s. 133.

8.1. The Société de gestion du Fonds pour la promotion des saines habitudes de vie is not a government agency or enterprise within the meaning of the Auditor General Act (chapter V-5.01).

However, the Auditor General has, with respect to the Société, the competence and powers conferred by section 30.2 of the Auditor General Act and, with respect to the auditor of the Société’s books and accounts, the competence and powers conferred by section 32 of that Act. The Auditor General also has the powers set out in section 30 of that Act with respect to any recipient of a subsidy or funding granted by the Société and, in all cases, enjoys the immunity attached to the Auditor General’s activities under that Act.

2009, c. 39, s. 18.

9. (Repealed).

2007, c. 1, s. 9; 2011, c. 18, s. 134.

10. (Repealed).

2007, c. 1, s. 10; 2011, c. 18, s. 134.

11. (Repealed).

2007, c. 1, s. 11; 2011, c. 18, s. 134.

12. For every fiscal year, the Minister of Health and Social Services tables a report on the activities of the Fund in the National Assembly.

2007, c. 1, s. 12.

CHAPTER II OTHER PARTNERSHIPS

2009, c. 39, s. 19.

12.1. A non-profit legal person whose board of directors is composed mainly and in equal numbers of persons proposed as candidates by the Fondation Lucie et André Chagnon and persons proposed as candidates by the Government or a Minister is not a government agency or enterprise within the meaning of the Auditor General Act (chapter V-5.01).

However, the Auditor General has, with respect to such a legal person, the competence and powers conferred by section 30.2 of the Auditor General Act and, with respect to the auditor of the legal person’s books and accounts, the competence and powers conferred by section 32 of that Act. The Auditor General also has the powers set out in section 30 of that Act with respect to any recipient of a subsidy or funding granted by the legal person and, in all cases, enjoys the immunity attached to the Auditor General’s activities under that Act.

In addition, the Minister responsible designated under section 13 must notify the Auditor General in writing of the existence of the legal person not later than the 30th day after the making of a partnership agreement between the Minister and the Fondation Lucie et André Chagnon.

2009, c. 39, s. 19.

CHAPTER III MISCELLANEOUS AND FINAL PROVISIONS

2009, c. 39, s. 19.

13. The Minister of Health and Social Services is responsible for the administration of this Act, except section 12.1, the administration of which falls under the responsibility of the Minister or Ministers designated by the Government.

2007, c. 1, s. 13; 2009, c. 39, s. 20.

14. The provisions of this Act cease to have effect on the date or dates to be set by the Government, which may not be prior to 1 April 2017.

Any sum remaining in the Fund on the date section 1 ceases to have effect is transferred to the general fund and is appropriated to the funding of such complementary measures consistent with the objects of the Fund as are determined by the Government, in the manner determined by the Government.

2007, c. 1, s. 14; 2011, c. 18, s. 135.

15. (Omitted).

2007, c. 1, s. 15.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 1 of the statutes of 2007, in force on 1 August 2008, is repealed, except section 15, effective from the coming into force of chapter F-4.0021 of the Revised Statutes.