M-14.1 - Act respecting the Ministère de l’Économie et de l’Innovation

Updated to 1 June 2024

This document has official status.

chapter M-14.1

Act respecting the Ministère de l’Économie et de l’Innovation

The Ministère de l'Économie et de l'Innovation is designated under the name of Ministère de l'Économie, de l'Innovation et de l'Énergie. Order in Council 1113-2024 dated 17 July 2024, (2024) 156 G.O. 2 (French), 5361.

CHAPTER I MINISTER’S MISSION AND RESPONSIBILITIES

2019, c. 29, s. 1.

DIVISION I GENERAL PROVISIONS

2019, c. 29, s. 1.

1. The Minister of Economy and Innovation, appointed under the Executive Power Act (chapter E-18), has the direction of the Ministère de l’Économie et de l’Innovation.

2019, c. 29, s. 1.

As regards of regional economic development, the Minister responsible for Regional Economic Development exercises the functions and responsabilities of the Minister of the Economy and Innovation. Order in Council 1174-2021 dated 1 Septembre 2021, (2021) 153 G.O. 2 (French), 5657.

The Minister of Economy and Innovation is designated under the name of Minister of Economy, Innovation and Energy. Order in Council 1113-2024 dated 17 July 2024, (2024) 156 G.O. 2 (French), 5361.

2. The Minister’s mission is, as regards the economy, to support entrepreneurship, acquisition entrepreneurship, the growth of enterprises in all of Québec’s regions, and the development of their markets in Québec, elsewhere in Canada or abroad, as well as the growth of investment, in Québec, of capital sourced in Québec, elsewhere in Canada or abroad. The Minister must also see to the implementation of measures aimed at increasing enterprises’ productivity in Québec.

The Minister’s mission is also, as regards innovation, to contribute, in all circles, to the development of research, science, innovation and technology, and to encourage the adoption and commercialization of innovations, in particular when they foster the growth of enterprises, an increase in their productivity or the development of their markets in Québec, elsewhere in Canada or abroad.

As part of his or her mission, the Minister contributes to implementing sustainable development by promoting, more particularly, in respect of all of Québec’s regions, access to knowledge, job maintenance and creation, the social economy, the creation of collective wealth, social progress, respect for the environment and the achievement of the Government’s objectives as regards the electrification of the economy and the fight against climate change.

2019, c. 29, s. 1.

3. The Minister develops general policies for economic development and proposes them to the Government. He or she also determines the sectors of the economy in which he or she intends to act as a matter of priority and advises the Government and government departments and bodies on all matters falling within his or her mission.

The Minister must, in matters of regional economic development and in all other matters falling within his or her mission, ensure that government actions in Québec and elsewhere are cohesive and concordant and must, to that end, take part in the development of measures and ministerial decisions and give an opinion whenever appropriate.

The Minister must also increase the effectiveness of initiatives relating to those matters by promoting the concordance, simplification and accessibility of entrepreneurship, acquisition entrepreneurship and innovation support services.

The Minister develops and proposes to the Government a research and innovation strategy. The Minister coordinates and follows up on the implementation of the strategy.

2019, c. 29, s. 1; 2024, c. 16, s. 1.

4. The Minister must set objectives and develop policies, development strategies and programs to ensure the carrying out of his or her mission while promoting synergy among the players concerned. Such objectives, policies, development strategies and programs must take into account the specific characteristics of the regions concerned.

The Minister may also, to that end, take any other useful measures. He or she may, in particular, offer assistance to municipalities, for the purpose of contributing to the economic development of their territory, and to entrepreneurs as well as financial or technical support for the carrying out of actions or projects, subject to the conditions he or she determines within the framework of government policy directions and policies and, in certain cases, with the Government’s authorization.

The Minister is responsible for the sums he or she entrusts to a local authority or to any other organization with which he or she acts in concert within the framework of a measure and may administer the other sums entrusted to him or her to ensure the carrying out of any economic development project or project to support research or innovation.

2019, c. 29, s. 1; 2023, c. 33, s. 76.

5. The Minister is responsible for implementing the policies, development strategies and programs he or she establishes and the other measures he or she takes.

The Minister may, however, entrust such implementation, in whole or in part, to Investissement Québec, by a mandate given under its constituting Act. The Minister oversees its implementation.

If a body or a government department, other than Investissement Québec, is involved, the Minister must coordinate the performance of the mandate and the collaboration of all the players concerned.

2019, c. 29, s. 1.

6. The Minister is responsible for the administration of the Acts assigned to him or her and assumes any other responsibility conferred on him or her by the Government.

2019, c. 29, s. 1.

7. In exercising his or her responsibilities and taking charge of the coordination of the players concerned, the Minister may, in particular,

(1)  obtain from government departments and bodies the information the Minister considers necessary;

(2)  enter into agreements with any person, association, partnership or body;

(3)  facilitate the development and signing of agreements, particularly between bodies and between government departments and bodies;

(4)  enter into agreements, in accordance with the applicable legislative provisions, with a government other than that of Québec or a department or body of such a government, or with an international organization or a body of such an organization; and

(5)  conduct or commission research, studies and analyses and make them public.

2019, c. 29, s. 1.

8. The Minister may make regulations to

(1)  prescribe the fees payable for any act performed or document issued by the Minister; and

(2)  prescribe the fees, costs or other compensation payable for the services provided by the Minister.

2019, c. 29, s. 1.

9. The Minister tables the department’s annual management report before the National Assembly within four months of the end of the fiscal year or, if the Assembly is not sitting, within 15 days of resumption.

2019, c. 29, s. 1.

DIVISION II TRADE POLICY AND RELATIONS

2019, c. 29, s. 1.

10. In carrying out his or her mission as regards the economy, the Minister must, in particular, foster Québec enterprises’ participation in Canadian internal trade and in international trade.

The Minister is therefore responsible for

(1)  developing, negotiating, coordinating and implementing the Government’s trade policy;

(2)  planning and organizing the trade-related action of the Government, of its departments and of its bodies, steering that action and coordinating their activities in connection with such matters;

(3)  taking the lead in the negotiation of Canadian intergovernmental trade agreements and seeing to their implementation by the government departments concerned;

(4)  promoting and defending Québec’s interests during the negotiation of any international trade agreement and obtaining gains the Minister considers satisfactory when entering into such an agreement;

(5)  seeing to the implementation in Québec, by the government departments concerned, of the agreements referred to in subparagraph 4;

(6)  coordinating, organizing and implementing the defence of Québec’s interests in trade disputes, subject to the settlement and conduct, by the Attorney General, of all litigation against the State in relation to such a dispute, and doing so in collaboration with the government departments and bodies concerned and, if applicable, the other governments in Canada and abroad;

(7)  conducting research, studies and analyses on countries and their economic situation and potential to assess opportunities for developing Québec innovations or other Québec products and services in, or exporting them to, those countries, and for promoting foreign investments from those countries in Québec;

(8)  in complementarity with players having developed expertise in such matters, providing enterprises and bodies with support, in Québec, elsewhere in Canada and abroad, in enhancing, commercializing and promoting their innovations and their other products and services, in particular through missions, consulting services, internships, trade shows or financial assistance programs, and coordinating the activities of the government departments and bodies concerned; and

(9)  providing the Government with opinions, other than those within the purview of the Minister of Justice, on the compliance of measures, programs or other government interventions with trade agreements.

The Minister exercises the responsibilities conferred on him or her by this Act as regards international trade in keeping with the functions and powers of the Minister of International Relations; the Minister must consult with and inform the latter in conducting trade relations and negotiations and must also ensure the participation of the department’s representatives in the liaison committee established under section 18.1 of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1).

2019, c. 29, s. 1.

11. The Minister is responsible, in collaboration with the ministers concerned, for seeing to the establishment of a deployment plan to coordinate the activities under the Minister’s responsibility as regards international trade and foreign investment prospecting with those under the responsibility of the Minister of International Relations.

The deployment plan must cover, in particular, the regions, markets and sectors to be prioritized and the economy- and trade-related ministerial missions to be held.

The plan is established in such a manner as to promote complementarity with bodies having expertise in international trade and foreign investment prospecting.

2019, c. 29, s. 1.

12. The deployment plan is devised by the Minister and the Minister of International Relations; it is integrated into the deployment plan provided for in section 11.1 of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1) for Québec’s international action.

The delegates general, the delegates and the persons in charge of any other form of Québec representation abroad must be consulted.

The Minister consults bodies having expertise in international trade and foreign investment prospecting.

2019, c. 29, s. 1.

13. The Minister may require any government department or any body to produce any document and to disclose any information the Minister considers useful to the exercise of his or her responsibilities in relation to trade disputes.

Despite section 3.8 of the Act respecting the Ministère du Conseil exécutif (chapter M-30), the Minister may, in exercising his or her responsibilities, acting alone and without the approval of the Government, enter into any confidentiality agreement that is a Canadian intergovernmental agreement to which that section applies.

2019, c. 29, s. 1.

DIVISION III INNOVATION

2019, c. 29, s. 1.

14. In carrying out his or her mission as regards innovation, the Minister is responsible for

(1)  promoting research in all its forms, including fundamental research, science, innovation and technology and fostering, in those fields, concerted action between the various players, cohesive government action and the expansion of Québec’s influence both elsewhere in Canada and abroad;

(2)  contributing to developing, supporting and enhancing those fields, a scientific culture, as well as a culture of innovation and scientific knowledge, in all segments of the population of Québec;

(3)  seeing to the enhancement and quality of research activities and fostering their integrity, in particular by seeking to ensure the coordination and cohesiveness of government departments’ and bodies’ activities in the fields of research and innovation;

(4)  supporting academic circles and research centres, including college centres for technology transfer, that contribute to the development of research, science, innovation or technology;

(5)  promoting interactions between persons and enterprises taking part in research, the transfer of their knowledge and the commercialization of the results of such research; and

(6)  supporting enterprises during the stages leading up to the commercialization of their innovations and promoting the adoption of such innovations in Québec.

2019, c. 29, s. 1.

CHAPTER II ORGANIZATION OF THE DEPARTMENT

2019, c. 29, s. 1.

15. The Government appoints a person as Deputy Minister of the Ministère de l’Économie et de l’Innovation in accordance with the Public Service Act (chapter F-3.1.1).

2019, c. 29, s. 1.

16. Under the Minister’s direction, the Deputy Minister administers the department.

In addition, the Deputy Minister performs any other function assigned to him or her by the Government or the Minister.

2019, c. 29, s. 1.

17. The Deputy Minister has the Minister’s authority in the exercise of his or her functions.

2019, c. 29, s. 1.

18. The Deputy Minister may, in writing and to the extent he or she specifies, delegate the exercise of his or her functions under this Act to a public servant or to the holder of a position.

The Deputy Minister may, in the instrument of delegation, authorize the subdelegation of the functions he or she specifies; in such a case, he or she identifies the public servant or holder of a position to whom they may be subdelegated.

2019, c. 29, s. 1.

19. The personnel of the department consists of the public servants required for the exercise of the Minister’s responsibilities; they are appointed in accordance with the Public Service Act (chapter F-3.1.1).

The Minister determines those public servants’ duties if they are not determined by law or by the Government.

2019, c. 29, s. 1.

20. The Minister’s or Deputy Minister’s signature gives authority to any document emanating from the department.

No deed, document or writing is binding on the Minister or may be attributed to the Minister unless it is signed by him or her, the Deputy Minister, a member of the personnel of the department or the holder of a position but, in the latter two cases, only to the extent determined by regulation of the Minister.

2019, c. 29, s. 1.

21. The Minister may, by regulation and on the conditions he or she determines, allow a signature to be affixed by means of an automatic device or of any other information technology-based process.

2019, c. 29, s. 1.

22. A document or reproduction of a document emanating from the department or forming part of its records, signed or certified true by a person referred to in the second paragraph of section 20, is authentic.

2019, c. 29, s. 1.

CHAPTER II.1 CHIEF SCIENTIST

2024, c. 16, s. 2.

22.1. The Government appoints, for a term not exceeding five years, a person as chief scientist; the chief scientist exercises the functions conferred by section 22.2 with the independence they require.

The chief scientist is chosen from among at least three persons approved by a committee following a selection process established by the Government. The committee is to be composed of at least three members appointed by the Government, the majority of whom are from a public research institution or a higher education institution.

The selection process does not apply to a chief scientist whose term is renewed. However, within six months prior to the expiry of the chief scientist’s term, the board of directors of the Fonds de recherche du Québec established under section 22.5 carries out an evaluation of the chief scientist with regard to the exercise of the latter’s functions as president and chief executive officer of the Fonds de recherche du Québec, conferred by section 22.3, and sends it to the Minister, along with the recommendations the board considers relevant as concerns the renewal of the chief scientist’s term.

The Government determines the chief scientist’s remuneration, employee benefits and other conditions of employment.

2024, c. 16, s. 2.

22.2. The chief scientist advises the Minister on the development of research and science and on scientific diplomacy on the local, regional, national and international levels. The chief scientist also advises the other members of the Conseil exécutif on any scientific matter that could inform public policies, and gives scientific opinions. The chief scientist exercises those functions in accordance with the mandate given to him or her by the Minister.

The chief scientist promotes bringing science and society closer together as well as maintaining ethics and responsible conduct in research. The chief scientist works to ensure Québec’s position and influence elsewhere in Canada and abroad.

2024, c. 16, s. 2.

22.3. The chief scientist is, by virtue of office, the president and chief executive officer of the Fonds de recherche du Québec.

The office of chief scientist is a full-time position.

2024, c. 16, s. 2.

22.4. If the chief scientist is absent or unable to act, the board of directors of the Fonds de recherche du Québec may designate one of the scientific directors appointed under section 22.26 or another officer of that fund to temporarily exercise the functions of the fund’s president and chief executive officer.

2024, c. 16, s. 2.

CHAPTER II.2 FONDS DE RECHERCHE DU QUÉBEC

2024, c. 16, s. 2.

DIVISION I ESTABLISHMENT AND MISSION

2024, c. 16, s. 2.

22.5. The Fonds de recherche du Québec (the Fund) is established.

2024, c. 16, s. 2.

22.6. The Fund is a legal person and a mandatary of the State.

The Fund’s property forms part of the domain of the State, but the performance of its obligations may be levied against its property.

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

2024, c. 16, s. 2.

22.7. The Fund’s head office is at the place determined by the Government.

The Fund may establish offices at the places it determines.

2024, c. 16, s. 2.

22.8. The mission of the Fund is to support the strategic and coherent development of scientific research in Québec in the following research sectors:

(1)  “nature and technologies”, including, in particular, natural sciences, mathematical sciences, technologies, engineering and environmental sciences;

(2)  “health”, including, in particular, medical and clinical sciences, epidemiology, public health, health services and, more generally, sustainable health; and

(3)  “society and culture”, including, in particular, social and human sciences, education sciences, management sciences as well as arts and letters.

The mission of the Fund is also to promote the training of the next generation in research and excellence in research in order to contribute to the advancement of knowledge and to the development of solutions to the societal challenges that Québec faces. It contributes to society’s sustainable development and builds on the principles of social innovation. It helps increase, with regard to each of the sectors, the influence of science and its results in Québec, elsewhere in Canada and abroad.

2024, c. 16, s. 2.

DIVISION II FUNCTIONS AND POWERS

2024, c. 16, s. 2.

22.9. The functions of the Fund are

(1)  to promote and provide financial support for

(a)  investigator-initiated, basic or applied research in the research sectors referred to in section 22.8 within public research institutions and higher education institutions;

(b)  the dissemination of knowledge in all fields; and

(c)  the training of researchers through the granting of achievement bursaries to college and university students and to persons who engage in postdoctoral research, and through the granting of professional development bursaries to persons who wish to re-enter the research community;

(d)  intersectoral research activities;

(2)  to support the coordination of research initiatives conducted within government departments and bodies and the management of calls for projects resulting from those initiatives; and

(3)  to create any necessary partnership, in particular with the universities, colleges, industry, government departments and public and private bodies concerned, both nationally and internationally.

2024, c. 16, s. 2.

22.10. In exercising its functions, the Fund must contribute to supporting and enhancing research and science in French.

2024, c. 16, s. 2.

22.11. At the beginning of each fiscal year and not later than the date fixed by the Minister, the Fund must send a plan setting out the actions planned for that year to the Minister for approval.

The plan must indicate separately the amounts determined for administration expenses and the amounts determined for each of the financial support programs.

The plan must also indicate separately, for the part of the budget envelope that comes from the appropriations granted to the Minister by Parliament for the Fund, the sums to be allocated to each of the research sectors referred to in section 22.8, determined based on a distribution that takes into account the specific characteristics of each of the sectors while seeking to maintain stable proportionality for each sector’s financing.

The plan must provide that preponderance is to be given to financial assistance programs in support of investigator-initiated research.

2024, c. 16, s. 2.

22.12. The Fund may, within the scope of its strategic plan and on the conditions the Government determines, grant financial support by way of grants and bursaries.

2024, c. 16, s. 2.

22.13. Every financial support program must determine

(1)  the form and content of financial support applications, the information they must contain and the documents that must accompany them;

(2)  the terms and conditions for granting financial support and the criteria for assessing financial support applications; and

(3)  the scales and limits of the financial support.

The elements referred to in subparagraphs 2 and 3 of the first paragraph are subject to approval by the Minister.

2024, c. 16, s. 2.

22.14. The Fund may form committees responsible for assessing financial support applications addressed to it.

The members of the committees are entitled, to the extent and on the conditions determined by the Government, to remuneration in the form of an allowance for attendance at meetings of the committees and to the reimbursement of reasonable expenses incurred by them in the exercise of their functions.

However, the committee members who are from the public bodies referred to in section 3 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) are not entitled to an attendance allowance.

2024, c. 16, s. 2.

22.15. The Fund may, in accordance with the law, enter into an agreement with a government other than the Gouvernement du Québec, a department of such a government, an international organization, or a body of such a government or organization, for the purpose of carrying out its functions.

The Fund may, for the same purpose, enter into an agreement with a department or a body of the Gouvernement du Québec, as well as with any person, partnership or body, and participate in joint projects with them.

2024, c. 16, s. 2.

22.16. The Fund must establish a policy for examining and dealing with complaints addressed to it about operations related to its activities.

2024, c. 16, s. 2.

22.17. In addition to exercising the functions provided for in this division, the Fund implements the financial support programs entrusted to it by another Act or, with the authorization of the Government and on the conditions the Government determines, the financial support programs entrusted to it by a government department or a public body. The Fund then exercises its functions in accordance with this division, with the necessary modifications.

2024, c. 16, s. 2.

22.18. The Fund gives its opinion on any matter in its area of competence that is submitted to it by the Minister, and attaches to it, if applicable, any recommendations it considers appropriate.

2024, c. 16, s. 2.

22.19. Unless authorized by the Government, the Fund is prohibited

(1)  from contracting a loan that increases its total outstanding borrowings to more than the amount determined by the Government; and

(2)  from entering into a contract for a term or an amount exceeding that determined by the Government.

The Fund is also prohibited from acquiring an immovable.

2024, c. 16, s. 2.

22.20. The Fund may receive gifts, legacies, subsidies or other contributions, provided that any conditions attached are compatible with the fulfilment of its mission.

2024, c. 16, s. 2.

DIVISION III ORGANIZATION AND OPERATION

2024, c. 16, s. 2.

§ 1 . — Board of directors

2024, c. 16, s. 2.

22.21. The Fund is administered by a board of directors composed of 15 to 19 members appointed by the Government, including the chair of the board and the president and chief executive officer. The members of the board, other than the chair and the president and chief executive officer, include

(1)  at least three persons from each of the research sectors referred to in section 22.8; and

(2)  at least one student enrolled in a higher education program of studies in an educational institution in Québec from each of the research sectors referred to in section 22.8.

A member of the personnel of the Ministère de l’Économie et de l’Innovation designated by the Minister and a member of the personnel of the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie designated by the minister responsible for that government department take part in the meetings of the board as observers but are not entitled to vote.

2024, c. 16, s. 2.

22.22. Any vacancy on the board of directors is filled in accordance with the rules of appointment to the board.

Absence from a number of board meetings determined by the Fund’s by-laws constitutes a vacancy, in the cases and circumstances specified in the by-laws.

2024, c. 16, s. 2.

22.23. The board of directors may hold its meetings anywhere in Québec.

A quorum at meetings of the board is the majority of its members, including the chair of the board or the president and chief executive officer.

2024, c. 16, s. 2.

22.24. The minutes of the meetings of the board of directors, approved by the board and certified true by the chair of the board, the president and chief executive officer or any other person authorized for that purpose by the by-laws, are authentic. The same applies to documents and copies of documents emanating from the Fund or forming part of its records, if they are so signed or certified.

2024, c. 16, s. 2.

22.25. No deed, document or writing binds the Fund unless it is signed by the chair of the board of directors, the president and chief executive officer, a scientific director or a member of the Fund’s personnel and, in the latter two cases, only to the extent determined by the Fund’s by-laws.

The by-laws may provide for subdelegation of the power to sign documents, and determine particulars as to how it is to be exercised.

Unless otherwise provided in the by-laws, a signature may be affixed on a document by any means, including any information technology-based process.

A by-law made under this section is published in the Gazette officielle du Québec.

2024, c. 16, s. 2.

§ 2 . — Scientific directors and personnel members

2024, c. 16, s. 2.

22.26. The Government appoints, on the recommendation of the board of directors, three scientific directors from a public research institution or a higher education institution, one for each of the research sectors referred to in section 22.8, to assist the president and chief executive officer.

Each scientific director sees to the proper operation of the Fund with regard to the research sector for which he or she has been appointed.

If the board of directors refuses or neglects to make the recommendations provided for in the first paragraph, the Government may appoint the scientific directors after the Minister has notified the members of the board.

The scientific directors are appointed for a renewable term of up to five years. At the expiry of their terms of office, they remain in office until they are replaced or reappointed.

Within six months prior to the expiry of a scientific director’s term, the board of directors includes with the recommendation provided for in the first paragraph an evaluation of the scientific director.

The Government determines the scientific directors’ remuneration, employee benefits and other conditions of employment. The office of scientific director is a full-time position.

2024, c. 16, s. 2.

22.27. The members of the Fund’s personnel are appointed according to the staffing plan established by the board of directors.

Subject to the provisions of a collective agreement, the Fund determines the standards and scales of remuneration, employee benefits and other conditions of employment of the members of its personnel in accordance with the conditions defined by the Government.

2024, c. 16, s. 2.

§ 3 . — Advisory scientific committees

2024, c. 16, s. 2.

22.28. The Fund establishes an advisory scientific committee for each of the research sectors referred to in section 22.8.

Each committee is composed of 10 to 15 members appointed by the Fund for a non-renewable term of up to three years.

A majority of the members must be from a public research institution or a higher education institution and have experience relevant to the sector to which the committee is attached. At least one of the members must be from a college-level educational institution.

The Fund must see to it that each committee is composed of a professionally, institutionally and regionally diverse membership.

Each committee is chaired by the scientific director of the sector to which it is attached.

2024, c. 16, s. 2.

22.29. The advisory scientific committees give opinions and make recommendations to the Fund on active or emerging areas of research, on financial assistance programs and on the development of its strategic planning.

The scientific committees also give opinions and make recommendations to the Fund on any specific matter related to its mission that it submits to them.

2024, c. 16, s. 2.

DIVISION IV FINANCIAL PROVISIONS, ACCOUNTS AND REPORTS

2024, c. 16, s. 2.

22.30. The Government may, on the conditions it determines,

(1)  guarantee any loan contracted by the Fund as well as the performance of any of the Fund’s obligations; and

(2)  authorize the Minister of Finance to advance to the Fund any amount considered necessary for the exercise of its functions.

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

2024, c. 16, s. 2.

22.31. The Fund’s fiscal year ends on 31 March.

2024, c. 16, s. 2.

22.32. Not later than 31 July each year, the Fund must transmit to the Minister an annual management report for the preceding fiscal year.

The report must, in particular and in addition to the information the Minister may prescribe, contain a progress report on the strategic plan. It must give an account of the sectoral budgets and be made public annually on the Fund’s website.

2024, c. 16, s. 2.

22.33. The Minister tables the Fund’s annual report in the National Assembly within 30 days after receiving it or, if it is not sitting, within 30 days after resumption.

2024, c. 16, s. 2.

22.34. The Fund’s books and accounts are audited every year by the Auditor General and whenever so ordered by the Government.

The auditor’s report must accompany the Fund’s annual management report.

2024, c. 16, s. 2.

DIVISION V PENAL PROVISIONS

2024, c. 16, s. 2.

22.35. Anyone who gives false or misleading information to obtain, or to procure for another, financial support provided for in Division II of this chapter is liable to a fine of not more than $5,000.

Where a legal person commits an offence referred to in the first paragraph, every director or representative of the legal person who was aware of the offence is deemed to be a party to the offence and is liable to a fine of not more than $5,000, unless the director or representative proves to the satisfaction of the court that he or she did not acquiesce to the commission of the offence.

2024, c. 16, s. 2.

22.36. No one who is found guilty of an offence under section 22.35 or an offence under section 380 of the Criminal Code (R.S.C. 1985, c. C-46) in connection with financial support referred to in Division II of this chapter may obtain such financial support during the two-year period after the finding of guilt.

2024, c. 16, s. 2.

CHAPTER II.3 COMMISSION DE L’ÉTHIQUE EN SCIENCE ET EN TECHNOLOGIE

2024, c. 16, s. 2.

DIVISION I ESTABLISHMENT AND ORGANIZATION

2024, c. 16, s. 2.

22.37. The Commission de l’éthique en science et en technologie is established.

2024, c. 16, s. 2.

22.38. The secretariat of the Commission is located at the place determined by the Government. Notice of the location or any change of location of the secretariat is published in the Gazette officielle du Québec.

2024, c. 16, s. 2.

22.39. The Commission is composed of 13 members, including a president, appointed by the Government. The members must possess expertise in ethics and be from the university and industrial research communities in the fields of social and human sciences, natural sciences, engineering and biomedical sciences and from the ethics community, the practice communities and civil society.

The Government may appoint an observer at the Commission; the observer participates in meetings of the Commission but is not entitled to vote.

2024, c. 16, s. 2.

22.40. The members of the Commission, including the president, are appointed for not more than three years.

The term of office of the members may be renewed consecutively only once. At the expiry of their terms of office, the members remain in office until they are replaced or reappointed.

2024, c. 16, s. 2.

22.41. Any vacancy occurring during the term of office of the members of the Commission is filled in accordance with the mode of appointment prescribed in section 22.39.

Absence from a number of meetings determined by the by-laws of the Commission constitutes a vacancy in the cases and circumstances specified in the by-laws.

2024, c. 16, s. 2.

22.42. The president manages the Commission and supervises its personnel.

The Government determines the remuneration, employee benefits and other conditions of employment of the president.

2024, c. 16, s. 2.

22.43. Members of the Commission other than the president are not remunerated, except in the cases, on the conditions and to the extent determined by the Government. They are, however, entitled to the reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.

2024, c. 16, s. 2.

22.44. The meetings of the Commission and any committee of the Commission are held in camera. The Commission may invite other persons to take part in one of its meetings, or a meeting of any of its committees.

The Commission may hold its meetings anywhere in Québec.

Six members are a quorum at meetings of the Commission.

In the case of a tie vote, the president has a casting vote.

2024, c. 16, s. 2.

22.45. The personnel members of the Commission are appointed in accordance with the Public Service Act (chapter F-3.1.1).

2024, c. 16, s. 2.

DIVISION II FUNCTIONS AND POWERS

2024, c. 16, s. 2.

22.46. The function of the Commission is to advise the Minister on any matter relating to ethical issues in the areas of science and technology. A further function of the Commission is to promote reflection on those issues.

2024, c. 16, s. 2.

22.47. In performing its functions, the Commission gives the Minister its opinion on any matter the Minister submits to it relating to ethical issues in the areas of science and technology. The Commission may also take the initiative of submitting advisory opinions to the Minister or making recommendations on any matter within its purview.

Moreover, it must communicate its findings and conclusions to the Minister.

After giving the Minister reasonable notice, the Commission may make public its advisory opinions, recommendations, findings and conclusions.

2024, c. 16, s. 2.

22.48. The Commission may establish committees for the proper conduct of its work. At the request of the Minister, it must form working groups to examine particular matters.

The members of committees and working groups are not remunerated, except in the cases, on the conditions and to the extent determined by the Government. They are, however, entitled to the reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.

2024, c. 16, s. 2.

22.49. The Commission must adopt by-laws in accordance with the principles set out in the Act respecting the governance of state-owned enterprises (chapter G-1.02).

2024, c. 16, s. 2.

22.50. Not later than 31 July each year, the Commission submits to the Minister an activity report for the preceding fiscal year.

The Minister tables the report in the National Assembly within 30 days of receiving it or, if the Assembly is not sitting, within 30 days of resumption.

2024, c. 16, s. 2.

CHAPTER III FINAL AND TRANSITIONAL PROVISIONS

2019, c. 29, s. 1.

23. Unless the context indicates otherwise and with the necessary modifications, in any other Act and in any regulation or other document,

(1)  a reference to the Minister or Deputy Minister of Economic Development, Innovation and Export Trade or to the Ministère du Développement économique, de l’Innovation et de l’Exportation is a reference to the Minister or Deputy Minister of Economy and Innovation and to the Ministère de l’Économie et de l’Innovation; and

(2)  a reference to the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01) or to any of its provisions is a reference to the Act respecting the Ministère de l’Économie et de l’Innovation (chapter M-14.1) or to the corresponding provision of that Act.

The first paragraph does not apply to section 965.36.1, the definitions of “recognized business” and “qualified corporation” in the first paragraph of section 1029.8.36.72.1, subparagraph b of the third paragraph of section 1129.12.24, the definitions of “eligible contract” and “eligible vessel” in section 1130 and section 1137 of the Taxation Act (chapter I-3).

2019, c. 29, s. 1.

24. The Terms and conditions for the signing of certain deeds, documents and writings of the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01, r. 5) remain in force until replaced or repealed by a regulation made under this Act.

2019, c. 29, s. 1.

25. This Act replaces the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01).

2019, c. 29, s. 1.