M-19.3 - Act respecting the Ministère de la Sécurité publique

Updated to 23 March 2004

This document has official status.

chapter M-19.3

Act respecting the Ministère de la Sécurité publique

This Act was formerly entitled “An Act respecting the Ministère du Solliciteur général”. The title was replaced by section 3 of chapter 46 of the statutes of 1988.

1988, c. 46, s. 3.

DIVISION I ORGANIZATION OF THE DEPARTMENT

1. The Ministère de la Sécurité publique is under the direction of the Minister of Public Security appointed under the Executive Power Act (chapter E-18).

1986, c. 86, s. 1; 1988, c. 46, s. 4.

2. The Government, in accordance with the Public Service Act (chapter F-3.1.1), shall appoint a person as Deputy Minister of Public Security.

1986, c. 86, s. 2; 1988, c. 46, s. 5.

3. Under the direction of the Minister, the Deputy Minister shall administer the department.

He shall, in addition, perform any other duties assigned to him by the Government or the Minister.

1986, c. 86, s. 3.

4. In the performance of his duties, the Deputy Minister has the authority of the Minister.

1986, c. 86, s. 4.

5. The Deputy Minister may, in writing and to the extent he indicates, delegate the performance of his duties contemplated by this Act to a public servant or the holder of a position.

He may, in the instrument of delegation, authorize the subdelegation of the duties he indicates, and in that case shall name the title of the holder of the position or the public servant to whom they may be subdelegated.

1986, c. 86, s. 5.

6. On the recommendation of the Prime Minister, the Government may appoint one or several persons as associate Deputy Ministers in accordance with the Public Service Act (chapter F-3.1.1).

The Minister shall determine the duties of each associate Deputy Minister where these are not determined by law or by the Government.

1986, c. 86, s. 6.

7. The staff of the department shall consist of the public servants required for the performance of the duties of the Minister; they shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

The Minister shall determine the duties of the public servants where these are not determined by law or by the Government.

1986, c. 86, s. 7; 2000, c. 8, s. 242.

DIVISION II DUTIES AND POWERS OF THE MINISTER

8. The Minister shall devise and propose to the Government policies relating to the maintenance of public safety, to crime prevention, to the implementation and improvement of methods of crime detection and repression and to the imprisonment and social rehabilitation of inmates.

In addition, the Minister shall exercise, as regards civil protection and fire safety, the duties and powers conferred on him by the Civil Protection Act (chapter S-2.3) and the Fire Safety Act (chapter S-3.4).

1986, c. 86, s. 8; 1988, c. 46, s. 6; 2000, c. 20, s. 172; 2001, c. 76, s. 146.

9. The duties of the Minister shall be, more particularly:

(1)  to administer or supervise the administration, as the case may be, of the laws respecting the police;

(2)  to further and promote the coordination of police activities;

(3)  to maintain a documentation and statistics service to allow the assessment of the crime situation and the effectiveness of police action;

(4)  to administer houses of detention;

(5)  to ensure the availability of services of probation officers and to supervise the carrying out of probation orders;

(5.1)  to ensure the availability of supervisors’ services and to supervise the carrying out of suspension orders;

(6)  to see to the supervision of road traffic;

(7)  to see to it that coroners carry out investigations on the causes and circumstances of deaths;

(8)  to see to it that fire investigation commissioners investigate the point of origin, probable causes and circumstances of a fire or explosion and any connection with other fires or explosions with a view to making recommendations to improve the protection of persons and property;

(9)  to issue, renew, suspend or revoke detective or security agency permits or agent’s permits;

(10)  to see to the control of the distribution and sale of alcoholic beverages, in particular through the agency of the Régie des alcools, des courses et des jeux, but subject to the powers of the Minister of Economic and Regional Development and Research and of the Société des alcools du Québec;

(11)  to perform any other duties assigned to him by the Government.

1986, c. 86, s. 9; 1988, c. 41, s. 89; 1993, c. 39, s. 95; 1994, c. 16, s. 51; 1998, c. 28, s. 13; 1999, c. 8, s. 20; 2000, c. 20, s. 173; 2001, c. 76, s. 147; 2003, c. 29, s. 135.

The Minister of Public Security was designated as of 1 December 1998 as the provincial minister for the purposes of the Firearms Act (Statutes of Canada, 1995, chapter 39). Order in Council 1426-98 dated 27 November 1998, (1998) 130 G.O. 2 (French), 6451.

10. The Minister shall table in the National Assembly a report of the activities of the department for each fiscal year, within six months after the end of the fiscal year, if the Assembly is sitting or, if it is not sitting, within 30 days after the opening of the next session or resumption.

1986, c. 86, s. 10.

DIVISION III DOCUMENTS OF THE DEPARTMENT

11. The signature of the Deputy Minister gives effect to any document emanating from the department.

1986, c. 86, s. 11.

12. No deed, document or writing is binding on the Minister or may be attributed to him unless it is signed by him, by the Deputy Minister or by a member of the staff of the department and only, in the case of such a member, to the extent determined by the Government.

1986, c. 86, s. 12; 1988, c. 46, s. 7.

13. The Government, by regulation published in the Gazette officielle du Québec, may, on the conditions it determines, allow the signature of a person referred to in section 12 to be affixed by means of an automatic device to the documents it determines.

The Government may similarly allow a facsimile of the signature of such a person to be engraved, lithographed or printed on the documents it determines. The facsimile must be countersigned by a person authorized by the Minister.

1986, c. 86, s. 13.

14. Any document or copy of a document emanating from the department or forming part of its records, signed or certified by a person referred to in section 12, is authentic.

1986, c. 86, s. 14.

DIVISION III.1 POLICE SERVICES FUND

1996, c. 73, s. 19.

14.1. A special fund to be known as the “police services fund” is hereby established at the Ministère de la Sécurité publique.

The purpose of the fund is to finance the cost of the goods and services provided by the Police Force under the second paragraph of section 51 or section 71, 72, 79, 80 or 81 of the Police Act (chapter P‐13.1).

1996, c. 73, s. 19; 2000, c. 12, s. 326.

14.2. The Government shall determine the date on which the fund begins to operate, its assets and liabilities, the nature of the goods and services financed by the fund and the nature of the expenses which must be charged to it.

1996, c. 73, s. 19.

14.3. The fund shall be made up of the following sums, except interest:

(1)  the sums paid into the fund for the goods and services financed by the fund;

(2)  sums paid into the fund by the Minister of Finance pursuant to section 14.5 or 14.6;

(3)  the sums paid into the fund by the Minister of Public Security out of the appropriations granted for that purpose by Parliament.

1996, c. 73, s. 19.

14.4. The management of the sums constituting the fund shall be entrusted to the Minister of Finance. The sums shall be paid to the order of the Minister of Finance and deposited with the financial institutions he designates.

The Minister of Public Security shall keep the books of account of the fund and record the financial commitments chargeable to it. The Minister shall also ensure that such commitments and the payments arising therefrom do not exceed and are consistent with the available balances.

1996, c. 73, s. 19; 2000, c. 15, s. 118.

14.5. The Minister of Public Security may, as manager of the fund, borrow from the Minister of Finance sums taken out of the financing fund at the Ministère des Finances.

1996, c. 73, s. 19.

14.6. The Minister of Finance may, with the authorization of the Government and subject to the conditions it determines, advance to the fund sums taken out of the consolidated revenue fund.

The Minister of Finance may, conversely, advance to the consolidated revenue fund, on a short-term basis and subject to the conditions he determines, any part of the sums constituting the fund that is not required for its operation.

Any advance paid into the special fund or the consolidated revenue fund is repayable out of the fund into which it was paid.

1996, c. 73, s. 19.

14.7. The sums required for the remuneration and expenses pertaining to the social benefits and other conditions of employment of the persons assigned in accordance with the Public Service Act (chapter F-3.1.1) to activities related to the fund shall be taken out of the fund.

1996, c. 73, s. 19.

14.8. All surpluses accumulated by the fund shall be paid into the consolidated revenue fund on the dates and to the extent determined by the Government.

1996, c. 73, s. 19.

14.9. Sections 20, 21 and 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.

1996, c. 73, s. 19; 2000, c. 8, s. 164; 2000, c. 15, s. 119.

14.10. The fiscal year of the fund ends on 31 March.

1996, c. 73, s. 19.

14.11. Notwithstanding any provision to the contrary, the Minister of Finance shall, in the event of a deficiency in the consolidated revenue fund, pay out of the special fund the sums required for the execution of a judgment against the State that has acquired the authority of res judicata.

1996, c. 73, s. 19; 1999, c. 40, s. 185.

DIVISION IV TRANSITIONAL AND FINAL PROVISIONS

15. (Omitted).

1986, c. 86, s. 15.

16. (Amendment integrated into c. A-8, s. 16.1).

1986, c. 86, s. 16.

17. (Amendment integrated into c. B-6, s. 9.1).

1986, c. 86, s. 17.

18. (Amendment integrated into c. C-24.1, s. 565).

1986, c. 86, s. 18.

19. (Amendment integrated into c. C-28, s. 9).

1986, c. 86, s. 19.

20. (Amendment integrated into c. C-28, s. 9.1).

1986, c. 86, s. 20.

21. (Amendment integrated into c. E-8, s. 15).

1986, c. 86, s. 21.

22. (Amendment integrated into c. E-8, s. 35).

1986, c. 86, s. 22.

23. (Amendment integrated into c. E-18, s. 4).

1986, c. 86, s. 23.

24. (Omitted).

1986, c. 86, s. 24.

25. (Amendment integrated into c. I-8.1, s. 132).

1986, c. 86, s. 25.

26. (Amendment integrated into c. M-19, s. 3).

1986, c. 86, s. 26.

27. (Amendment integrated into c. M-19, s. 4).

1986, c. 86, s. 27.

28. (Omitted).

1986, c. 86, s. 28.

29. (Amendment integrated into c. M-19, s. 13).

1986, c. 86, s. 29.

30. (Amendment integrated into c. M-34, s. 1).

1986, c. 86, s. 30.

31. (Amendment integrated into c. P-31, s. 5.1).

1986, c. 86, s. 31.

32. (Amendment integrated into c. R-0.2, s. 156).

1986, c. 86, s. 32.

33. (Amendment integrated into c. R-14, s. 19.1).

1986, c. 86, s. 33.

34. (Amendment integrated into c. S-13, s. 46).

1986, c. 86, s. 34.

35. (Amendment integrated into c. T-16, s. 4).

1986, c. 86, s. 35.

36. (Amendment integrated into c. T-16, s. 136).

1986, c. 86, s. 36.

37. (Omitted).

1986, c. 86, s. 37.

38. The words “Minister of Justice” are replaced by the words “Solicitor General” wherever they appear in the following legislative provisions:

(1)  (amendment integrated into c. C-37.2, ss. 190, 192, 193, 196);

(2)  (amendment integrated into c. L-1.1, ss. 47, 57);

(3)  (amendment integrated into c. P-9.1, ss. 21, 22, 24, 175);

(4)  (amendment integrated into c. P-13, s. 64.1);

(5)  (amendment integrated into c. P-26, ss. 1, 26);

(6)  (amendment integrated into c. R-0.2, ss. 5, 7, 14, 15, 29, 45, 73, 83, 99, 100, 103.1, 106, 131, 135, 158, 159, 166, 184);

(7)  (amendment integrated into c. V-6.1, s. 377).

1986, c. 86, s. 38.

39. The word “Minister” is replaced by the words “Solicitor General” wherever it appears in the following legislative provisions:

(1)  (amendment integrated into c. L-1.1, ss. 47, 48);

(2)  (amendment integrated into c. P-13, s. 64.1).

1986, c. 86, s. 39.

40. The words “Ministère de la Justice” are replaced by the words “Ministère du Solliciteur général” wherever they appear in the following legislative provisions:

(1)  (amendment integrated into c. P-13, s. 90);

(2)  (amendment integrated into c. P-26, s. 2).

1986, c. 86, s. 40.

41. The words “Attorney General” are replaced by the words “Solicitor General” wherever they appear in the following legislative provisions:

(1)  (amendment integrated into c. A-8, ss. 2, 3, 4, 5, 6, 7, 10, 14);

(2)  (amendment integrated into c. B-6, ss. 3, 8);

(3)  (amendment integrated into c. C-14, s. 231);

(4)  (amendment integrated into c. E-8, ss. 5, 8, 11, 13, 14, 17, 18, 27, 28, 29, 30);

(5)  (amendment integrated into c. E-22, ss. 1, 23);

(6)  (amendment integrated into c. I-8.1, ss. 115, 125, 175, 177, 178, 193);

(7)  (amendment integrated into c. P-9.1, ss. 85, 96, 99, 111);

(8)  (amendment integrated into c. P-13, ss. 2.1, 2.3, 9, 21, 33, 35, 37, 39, 41, 45, 47, 55, 56, 64.2, 64.3, 73.1, 75, 79.2, 79.7, 79.9, 80, 81, 84, 85, 86, 89, 92, 93, 94, 95, 97, 98.2, 101);

(9)  (amendment integrated into c. R-0.2, ss. 31, 100, 101);

(10)  (amendment integrated into c. R-14, ss. 7, 8, 9, 13);

(11)  (amendment integrated into c. S-13, ss. 34, 40, 50, 52);

(12)  (amendment integrated into c. V-6.1, ss. 373, 374, 375).

1986, c. 86, s. 41.

42. (Repealed).

1986, c. 86, s. 42; 1988, c. 46, s. 8.

43. The public servants of the Ministère de la Justice who perform duties relating to matters devolved upon the Solicitor General become, without other formality, public servants of the Ministère du Solliciteur général.

1986, c. 86, s. 43.

44. Records and other documents of the Ministère de la Justice relating to matters devolved upon the Solicitor General are transferred to the Ministère du Solliciteur général.

1986, c. 86, s. 44.

45. Matters pending before the Ministère de la Justice relating to matters devolved upon the Solicitor General are continued and decided by him.

1986, c. 86, s. 45.

46. The Solicitor General is authorized to use any document or means of identification already prepared in the name of the Minister and of the Ministère de la Justice until he replaces it with documents or means of identification prepared in his name.

1986, c. 86, s. 46.

47. The appropriations granted to the Ministère de la Justice in respect of the matters devolved upon the Solicitor General are transferred to the Ministère du Solliciteur général, according as the Government may determine.

The other sums required for the administration of this Act are taken, for the fiscal year 1986-87, out of the Consolidated Revenue Fund, to the extent determined by the Government.

1986, c. 86, s. 47.

48. (Omitted).

1986, c. 86, s. 48.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter M-31.01 of the Revised Statutes, in force on 1 March 1989, is repealed effective from the coming into force of chapter M-19.3 of the Revised Statutes.