S-12.01 - Act respecting the Société de télédiffusion du Québec

Updated to 4 December 2007

This document has official status.

chapter S-12.01

Act respecting the Société de télédiffusion du Québec

CHAPTER I ESTABLISHMENT AND ORGANIZATION

1. The Société de radio-télévision du Québec, established by chapter 17 of the statutes of 1969, shall be continued under this Act under the name of “Société de télédiffusion du Québec” or “Télé-Québec”.

1996, c. 20, s. 1.

2. The Société is a legal person.

1996, c. 20, s. 2.

3. The Société is a mandatary of the State.

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

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

1996, c. 20, s. 3; 1999, c. 40, s. 282.

4. The head office of the Société shall be in the territory of Ville de Montréal, at the place determined by the Government. Notice of the location of the head office of the Société, and of any change of location, shall be published in the Gazette officielle du Québec.

The Société may hold its meetings at any place in Québec.

1996, c. 20, s. 4; 2000, c. 56, s. 219.

5. The Société is administered by a board of directors consisting of 11 members, including the chair and the president and chief executive officer.

After consultation with bodies considered by the Minister to be representative of the sectors concerned by the activities of the Société, the Government shall appoint the members of the board, other than the chair and the president and chief executive officer, taking into consideration the expertise and experience profiles approved by the board. At least three of the members must come from various regions of Québec, other than the Montréal region.

Members of the board, other than the chair and the president and chief executive officer, are appointed for a term of up to four years.

1996, c. 20, s. 5; 2007, c. 26, s. 13.

5.1. The Government shall appoint the chair of the board of directors for a term of up to five years.

2007, c. 26, s. 13.

5.2. On the recommendation of the board of directors, the Government shall appoint the president and chief executive officer, taking into consideration the expertise and experience profile established by the board.

The president and chief executive officer is appointed for a term of up to five years. The office of president and chief executive officer is a full-time position.

2007, c. 26, s. 13.

5.3. If the board of directors does not recommend a candidate for the position of president and chief executive officer in accordance with section 5.2 within a reasonable time, the Government may appoint the president and chief executive officer after notifying the members of the board.

2007, c. 26, s. 13.

5.4. If the president and chief executive officer is absent or unable to act, the board of directors may designate a member of the Société’s personnel to exercise the functions of that position.

2007, c. 26, s. 13.

6. (Repealed).

1996, c. 20, s. 6; 2007, c. 26, s. 14.

7. At the expiry of their term of office, the members of the board of directors shall remain in office until they are replaced or reappointed.

1996, c. 20, s. 7.

8. (Repealed).

1996, c. 20, s. 8; 2007, c. 26, s. 15.

9. (Repealed).

1996, c. 20, s. 9; 2007, c. 26, s. 15.

10. A majority of the members constitutes a quorum at meetings of the board of directors.

1996, c. 20, s. 10; 2007, c. 26, s. 16.

11. (Repealed).

1996, c. 20, s. 11; 2007, c. 26, s. 17.

12. The Government shall fix the remuneration, social benefits and other conditions of employment of the president and general manager.

The other members of the board of directors shall receive no remuneration except in such cases, on such conditions and to such extent as the Government may determine. They are, however, entitled to the reimbursement of expenses incurred in the performance of their duties, on the conditions and to the extent determined by the Government.

1996, c. 20, s. 12.

13. The members of the personnel of the Société shall be appointed according to the staffing plan and the standards established by by-law of the Société.

Subject to the provisions of a collective agreement, the Société shall determine, by by-law, 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.

Personnel members who are not employees within the meaning of the Labour Code (chapter C-27) are entitled to the remedies available under section 33 of the Public Service Act (chapter F-3.1.1) as if they were public servants.

1996, c. 20, s. 13; 2000, c. 8, s. 196.

14. (Repealed).

1996, c. 20, s. 14; 2007, c. 26, s. 17.

15. The Société may make by-laws providing for its internal management.

The by-laws may provide in particular that failure to attend a specific number of board meetings constitutes a vacancy in the cases and circumstances specified in the by-law.

1996, c. 20, s. 15; 2007, c. 26, s. 18.

CHAPTER II OBJECTS AND POWERS

16. The object of the Société is to operate an educational and cultural television broadcasting undertaking so as to ensure, by any means of broadcasting, that its products are accessible to the public.

The Société may, in addition, operate a production and distribution service for audiovisual, multimedia and broadcasting material, including subordinate and accompanying material.

The main purpose of such activities is to develop a desire for learning, to foster the acquisition of knowledge, to promote arts and culture and to reflect the regional realities and the diversity of Québec society.

1996, c. 20, s. 16.

17. The Société must submit all of its programming to the Comité de reconnaissance du caractère éducatif de la programmation, in accordance with the Act respecting educational programming (chapter P-30.1).

1996, c. 20, s. 17.

18. The Société may, in particular, for the purpose of exercising its powers and duties,

(1)  administer regional offices;

(2)  acquire any movable or immovable property required for its purposes by agreement or, with the authorization of the Government, by expropriation;

(3)  construct, lease, maintain and operate broadcasting stations;

(4)  sell or otherwise alienate or lease its property, and grant real rights in its property;

(5)  make agreements or participate in joint projects with any person or body;

(6)  enter into, according to law, an agreement with a government other than that of Québec, with a department of such a government, with an international organization or with a body of such a government or organization;

(7)  receive gifts, bequests, subsidies and other contributions, provided that any attached conditions are consistent with the exercise of its powers and duties;

(8)  establish a programming committee or any other committee for the examination of such questions as it determines, determine its functions and powers and fix the term of office of its members.

The members of the committees referred to in subparagraph 8 of the first paragraph shall receive no remuneration except in such cases, on such conditions and to such extent as the Government may determine. They are, however, entitled to the reimbursement of expenses incurred in the performance of their duties, on the conditions and to the extent determined by the Government.

The committees may hold meetings at any place in Québec, or by means which allow all members to communicate with one another orally.

1996, c. 20, s. 18.

19. The Minister shall table the Société’s strategic plan provided for in section 34 of the Act respecting the governance of state-owned enterprises (chapter G-1.02) before the National Assembly within 30 days of receiving it or, if the Assembly is not sitting, within 30 days of resumption. The strategic plan is not subject to section 35 of that Act.

The competent parliamentary committee of the National Assembly shall examine the plan and for that purpose hear representatives designated by the Société.

1996, c. 20, s. 19; 2007, c. 26, s. 19.

20. The Société must, except in such cases and on such conditions as the Government may determine by regulation, obtain the authorization of the Government in order to

(1)  acquire or alienate stocks, shares or assets of a legal person;

(2)  contract a loan that increases the aggregate of its outstanding loans to an amount greater than a determined amount; or

(3)  make any other financial commitment for a sum in excess of the amount determined by regulation of the Government.

The Government may subject its authorization to the conditions it determines.

1996, c. 20, s. 20.

CHAPTER III FINANCIAL PROVISIONS

21. The fiscal year of the Société ends on 31 August.

1996, c. 20, s. 21; 2007, c. 26, s. 20.

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

(1)  guarantee the payment in principal and interest of any loan contracted by the Société and any of its obligations;

(2)  authorize the Minister of Finance to advance to the Société any amount considered to be necessary for the Société to meet its obligations or to exercise its objects and powers.

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

1996, c. 20, s. 22.

23. The receipts of the Société shall be appropriated to the repayment of its loans and of the advances made by the Minister of Finance under subparagraph 2 of the first paragraph of section 22, and to the payment of its other commitments. Any surplus shall be retained by the Société unless otherwise decided by the Government.

1996, c. 20, s. 23.

CHAPTER IV DOCUMENTS, ACCOUNTS AND REPORTS

24. No act, document or writing shall bind the Société unless it is signed by the chair of the board of directors, by the president and general manager of the Société or, to the extent determined by by-law of the Société, by a member of its personnel.

The Société may allow, subject to the conditions and on the documents it determines, that a required signature be affixed by means of an automatic device or that a facsimile of a signature be engraved, lithographed or printed. However, the facsimile shall have the same force as the signature itself only if the document is countersigned by a person authorized by the chair of the board of directors or by the president and general manager of the Société.

1996, c. 20, s. 24; 2007, c. 26, s. 21.

25. The minutes of the meetings of the board of directors, approved by the board and certified true by the chair or by any other person so authorized by by-law of the Société, are authentic, as are documents and copies emanating from the Société or forming part of its records if signed or certified true by any such person.

1996, c. 20, s. 25; 2007, c. 26, s. 21.

26. The Société must, on the expiry of four months after the end of its fiscal year, file its financial statements with the Minister together with a report of its activities for the preceding fiscal year.

The financial statements and the report must contain all such information as the Minister may prescribe.

1996, c. 20, s. 26.

27. The Minister shall table the report and the financial statements before the National Assembly within 30 days of receiving them or, if the Assembly is not sitting, within 30 days of resumption.

1996, c. 20, s. 27.

28. The books and accounts of the Société shall be audited each year by the Auditor General, and whenever so ordered by the Government.

The report of the auditor must accompany the report of activities and the financial statements of the Société.

1996, c. 20, s. 28.

28.1. The Société must also provide the Minister with any information the Minister may require concerning the Société.

2007, c. 26, s. 22.

CHAPTER V AMENDING PROVISIONS

ACT RESPECTING EDUCATIONAL PROGRAMMING

29. (Amendment integrated into c. P-30.1, s. 1).

1996, c. 20, s. 29.

30. (Amendment integrated into c. P-30.1, Div. III, heading).

1996, c. 20, s. 30.

31. (Amendment integrated into c. P-30.1, ss. 3.1-3.6).

1996, c. 20, s. 31.

32. (Omitted).

1996, c. 20, s. 32.

33. (Amendment integrated into c. P-30.1, s. 9).

1996, c. 20, s. 33.

34. (Amendment integrated into c. P-30.1, ss. 4-7 and 10).

1996, c. 20, s. 34.

ACT RESPECTING THE RÉGIE DES TÉLÉCOMMUNICATIONS

35. (Omitted).

1996, c. 20, s. 35.

36. (Omitted).

1996, c. 20, s. 36.

CHAPTER VI TRANSITIONAL AND FINAL PROVISIONS

37. The term of office of the members of the board of directors of the Société de radio-télévision du Québec ends on 18 December 1996.

For the purposes of the second paragraph of section 6, no account shall be taken of the end of the term of office under the first paragraph of this section.

1996, c. 20, s. 37.

38. All declarations that programming is educational made by the Régie des télécommunications under the former provisions of the Act respecting educational programming (chapter P-30.1) shall be considered to be declarations made by the Comité de reconnaissance du caractère éducatif de la programmation under the new provisions.

1996, c. 20, s. 38.

39. The first triennial report referred to in section 19 shall be applicable in respect of the first fiscal year of the Société beginning after 18 December 1996 and of the following two fiscal years.

1996, c. 20, s. 39.

40. This Act replaces the Act respecting the Société de radio-télévision du Québec (chapter S-11.1).

Any reference to the Act respecting the Société de radio-télévision du Québec or to any of its provisions is a reference to this Act or to the corresponding provision of this Act.

1996, c. 20, s. 40.

41. The Minister of Culture and Communications is responsible for the administration of this Act.

1996, c. 20, s. 41.

42. (Omitted).

1996, c. 20, s. 42.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 20 of the statutes of 1996, in force on 1 March 1997, is repealed, except sections 36 and 42, effective from the coming into force of chapter S-12.01 of the Revised Statutes.