P-11 - Act respecting Place des Arts

Updated to 1 April 1999

This document has official status.

chapter P-11

Act respecting Place des Arts

Chapter P-11 is replaced by the Act respecting the Société de la Place des Arts de Montréal (chapter S-11.03). (1982, c. 9, s. 41).

1982, c. 9, s. 41.

1. In this act, the following terms mean:

(a)  “City” : the municipal council of the city of Montréal or the executive committee of that City, when it is authorized for the purposes of this act by such council;

(b)  “Board” : the Régie de la Place des Arts created by this act.

1964, c. 19, s. 1.

2. A body is constituted under the name of Régie de la Place des Arts.

Such body shall be composed of nine members: a chairman appointed by the Government after consultation with the mayor of Montréal, four members appointed by the Government and four members appointed by the City.

The chairman shall have a casting vote in the case of an equality of votes.

1964, c. 19, s. 2.

3. The term of office of the members of the Board shall be four years and shall be renewable.

In case of the death, resignation or inability to act of a member during his term of office, a successor may be appointed for the balance of his term of office by the authority which appointed him.

1964, c. 19, s. 3.

4. At its first general meeting of each term of office, the Board shall form an executive consisting of a chairman and two other members.

1964, c. 19, s. 4.

5. The Board shall create by by-law the office of director of Place des Arts.

1964, c. 19, s. 5.

6. The Board shall make by-laws respecting its internal government and to determine the duties of the director and its staff, as well as the powers of the executive.

Such by-laws shall come into force upon approval by the Government and the City.

1964, c. 19, s. 6.

7. No member of the Board shall, directly or indirectly, by himself or through his partner, have an interest in any contract with the Board, derive any advantage therefrom or accept any gift, remuneration or promise in connection with his duties.

This section shall not apply to shareholders of bonafide companies and shall not prevent any member of the Board from accepting an allowance granted to him under a duly approved by-law.

1964, c. 19, s. 7.

8. The Board shall be a corporation within the meaning of the Civil Code.

1964, c. 19, s. 8.

9. The Board may possess, improve, maintain and administer, in the city of Montréal, a cultural centre including the present Place des Arts concert hall. It may present entertainments.

1964, c. 19, s. 9.

10. With the authorization of the Government and of the City, the Board may acquire and alienate or hypothecate immoveables.

1964, c. 19, s. 10.

11. With the approval of the Government and of the City, the Board may acquire by expropriation any immoveable which it may need for the purposes of this act.

In such case, the expropriation procedure shall be, mutatismutandis, that provided for expropriations by the city of Montréal at the time the expropriation is effected.

1964, c. 19, s. 11.

12. Not less than forty days before the beginning of each fiscal year, the Board must forward its draft budget to the Minister of Cultural Affairs of Québec and the Director of Finance of the city of Montréal, for approval by the Conseil du trésor and the City.

1964, c. 19, s. 12; 1972, c. 20, s. 1; 1977, c. 5, s. 14.

13. The fiscal year of the Board shall commence on the first of September.

1964, c. 19, s. 13; 1972, c. 20, s. 2.

14. The Board must obtain the prior approval of the Government and of the City for:

(a)  contracts of more than one year;

(b)  salary scales for its employees;

(c)  labour agreements with its employees and requisitions for services not specifically provided for in the budget;

(d)  loans;

(e)  financial committments not provided for in the approved budget.

1964, c. 19, s. 14.

15. If the expenditure exceeds $5,000. the Board, unless exempted therefrom by the Government and the City, must call for public tenders before making any contract for the carrying out of work respecting its immoveables, or for the furnishing of material or supplies.

1964, c. 19, s. 15.

16. The Auditor General or the Auditor of the city of Montréal may at any time have an audit or examination made of the books and documents of the Board.

1964, c. 19, s. 16; 1970, c. 17, s. 102.

17. The Board shall make an annual report on the property in its possession and respecting its operations, giving all necessary information to show the general state of its affairs. Such report shall be laid before the National Assembly by the Minister of Cultural Affairs.

1964, c. 19, s. 17; 1968, c. 9, s. 90.

18. The moveable property of the board is declared exempt from taxation for municipal and school purposes.

1964, c. 19, s. 18; 1979, c. 72, s. 387.

19. With the consent of the Government and of the City, the Board may assume all the obligations of the Sir Georges Étienne Cartier Center in consideration of the transfer of its property and contracts.

Such transfer may be agreed to by resolution passed by the vote of three-fourths of the members of the board of directors of the Center present at a meeting called for such purpose.

The Government may, on such conditions as it deems expedient, undertake to defray the board’s deficits, including all operating and capital expenditures, interest on and amortization of all loans approved by the Government, in accordance with section 14.

The amounts which may be payable by Québec in consequence of such undertaking shall be paid out of the consolidated revenue fund.

The city of Montréal may guarantee all loans of the Board.

1964, c. 19, s. 19; 1965 (1st sess.), c. 20, s. 1; 1979, c. 72, s. 388.

20. After the transfer contemplated in section 19, the name “Place des Arts” shall not be used in Québec to designate any immoveable, undertaking or body, without the written authorization of the Board.

1964, c. 19, s. 20.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 19 of the annual statutes of 1964, in force on 31 December 1977, is repealed, except sections 21 and 22, effective from the coming into force of chapter P-11 of the Revised Statutes.