M-29 - Act respecting the Ministère des Travaux publics et de l’Approvisionnement

Updated to 1 April 1999

This document has official status.

chapter M-29

Act respecting the Ministère des Travaux publics et de l’Approvisionnement

Repealed, 1983, c. 40, s. 77.

1983, c. 40, s. 77.

1. The Minister of Public Works and Supply, in this act called “the Minister”, shall have the direction and administration of the Ministère des Travaux publics et de l’Approvisionnement.

1973, c. 27, s. 1; 1977, c. 5, s. 14.

2. Subject to express provisions to the contrary in any other act, the functions of the Minister shall be:

(a)  to carry out or cause to be carried out all public works required for the purposes of the Government, except road works;

(b)  to ensure the keeping and maintenance of all public buildings and works maintained at government expense;

(c)  to provide for the arrangement and furnishing of public buildings belonging to the Government or used for its purposes;

(d)  to exercise control over all other works undertaken in whole or in part at government expense and over all other immoveables acquired at its expense, to the extent indicated by the Government;

(e)  to see that the law and regulations respecting government purchases are applied;

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

1973, c. 27, s. 2; 1977, c. 5, s. 14.

3. The Government shall appoint a Deputy Minister of Public Works and Supply, hereinafter called “the Deputy Minister”.

1973, c. 27, s. 3.

4. Under the direction of the Minister, the Deputy Minister shall have the supervision of the functionaries and employees of the department; he shall administer its day-to-day business and exercise the other powers assigned to him by the Government.

1973, c. 27, s. 4.

5. The orders of the Deputy Minister must be carried out in the same manner as those of the Minister; his authority shall be that of the incumbent minister of the department and his official signature shall give force and effect to every document within the jurisdiction of the department.

1973, c. 27, s. 5; 1978, c. 15, s. 140.

6. The other functionaries and employees necessary for the proper administration of the department shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

1973, c. 27, s. 6; 1978, c. 15, s. 140; 1983, c. 55, s. 161.

7. The respective duties of the functionaries and employees of the department not expressly defined by law or by the Government shall be determined by the Minister.

1973, c. 27, s. 7.

8. No deed, document or writing shall bind the department or be attributed to the Minister unless it is signed by him, by the Deputy Minister or by a functionary and only, as regards the latter, to the extent determined by regulation of the Government published in the Gazette officielle du Québec.

The Government may, however, upon the conditions it fixes, allow the required signature to be affixed by means of an automatic device to such documents as it determines.

The Government may also allow a facsimile of the required signature to be engraved, lithographed or printed on such documents as it determines; in such case the facsimile shall have the same force as the signature itself, if the document is countersigned by a person authorized by the Minister.

1973, c. 27, s. 8.

9. Any copy of a document forming part of the records of the department, certified as true by the Minister, the Deputy Minister, or an assistant deputy minister shall be authentic and have the same force as the original.

1973, c. 27, s. 9.

10. The Minister, the Deputy Minister or any other functionary or employee of the department, and every other person duly authorized by the Minister, may enter upon and pass over any private property, if it is necessary to do so in the performance of a duty imposed by an act the carrying out of which is under the jurisdiction of the Minister.

1973, c. 27, s. 10.

11. Any person having possession or custody of documents or models used for the construction, improvement or repair of public works or buildings placed under the control of the Minister must deliver them, upon request, to the Minister.

Any person who does not obey a request made by the Minister under this section is guilty of an offence and liable, upon summary proceeding, to a fine of not more than $5 000.

1973, c. 27, s. 11.

12. The Minister shall, within the six months following the end of each fiscal year, lay before the National Assembly a report of the activities of his department for such year.

1973, c. 27, s. 12.

13. This Act shall operate notwithstanding the provisions of sections 2 and 7 to 15 of the Constitution Act, 1982 (Schedule B of the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom).

1982, c. 21, s. 1.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 27 of the statutes of 1973, in force on 31 December 1977, is repealed, except sections 15, 16, 20 and 21, effective from the coming into force of chapter M-29 of the Revised Statutes.