S-14.1 - Act respecting the Société du Palais des congrès de Montréal

Updated to 13 December 2005

This document has official status.

chapter S-14.1

Act respecting the Société du Palais des congrès de Montréal

DIVISION I ESTABLISHMENT AND COMPOSITION OF THE CORPORATION

1. A body hereinafter called the “legal person” is established under the name of “Société du Palais des congrès de Montréal”.

1981, c. 6, s. 1; 1999, c. 40, s. 289.

2. The Société is a legal person.

1981, c. 6, s. 2; 1999, c. 40, s. 289.

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.

1981, c. 6, s. 3; 1999, c. 40, s. 289.

4. The head office of the Société is in the territory of Ville de Montréal.

1981, c. 6, s. 4; 1996, c. 2, s. 916; 1999, c. 40, s. 289.

5. The affairs of the Société are administered by a board of directors consisting of

(1)  a president, appointed by the Government for a term of not over five years;

(2)  a director general, appointed by the Government for a term of not over five years, subject to the contract contemplated in the second paragraph of section 8; and

(3)  from five to nine other members, appointed by the Government for a term of not over two years, including not fewer than five appointed after consultation with those organizations that are representative of the sector concerned.

The Government may, however, designate the same person to act as both president and director general of the Société.

1981, c. 6, s. 5; 1999, c. 40, s. 289.

6. The members of the board of directors shall elect a vice-president from among the members contemplated in subparagraph 3 of the first paragraph of section 5, to carry on the functions of the president in his absence.

1981, c. 6, s. 6.

7. The president shall preside over the meetings of the board, direct its operations and carry out the other functions vested in him by by-law of the Société.

1981, c. 6, s. 7; 1999, c. 40, s. 289.

8. The director general of the Société is responsible for its management within the scope of its by-laws and policies. He holds office on a full-time basis.

His remuneration and the other conditions on which he holds office shall be specified in a contract binding him to the Société. The contract is without effect unless ratified by the Government.

1981, c. 6, s. 8; 1999, c. 40, s. 289.

9. The Government shall fix the remuneration of the president and vice-president and of the members contemplated in subparagraph 3 of the first paragraph of section 5.

The members of the board of directors other than the director general are indemnified or reimbursed for costs and expenses incurred in the discharge of their duties, in accordance with the scales and standards determined by by-law of the Société.

1981, c. 6, s. 9; 1999, c. 40, s. 289.

10. Each member of the board of directors remains in office at the expiry of his term until he is replaced or reappointed.

The Government shall fill any vacancy occurring before the end of a term, in such manner and for such time as are specified in section 5.

1981, c. 6, s. 10.

11. If the director general is absent or unable to act, the Government may appoint a person to carry on his functions during his absence or incapacity, and fix the person’s remuneration and other conditions of employment.

1981, c. 6, s. 11.

12. Any member of the board of directors, other than the director general, having any direct or indirect interest in any undertaking causing his interest to conflict with that of the Société shall, under pain of forfeiture of office, disclose it in writing to the director general and abstain from participating in any decision involving the undertaking in which he has the interest.

Neither the director general nor any other officer or employee of the Société may, under pain of forfeiture of office, have any direct or indirect interest in any undertaking causing his interest to conflict with that of the Société. However, forfeiture is not incurred where the interest devolves to him by succession or gift, provided he renounces or disposes of it with dispatch.

1981, c. 6, s. 12; 1999, c. 40, s. 289.

13. The Société, by by-law, may establish an executive committee, determine its functions and powers, and fix the term of office of its members.

1981, c. 6, s. 13; 1999, c. 40, s. 289.

14. The secretary and the other members of the personnel of the Société shall be appointed in accordance with the staffing plan 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 of the members of its personnel in accordance with the conditions defined by the Government.

1981, c. 6, s. 14; 1999, c. 40, s. 289; 2000, c. 8, s. 205.

15. The Société may make any by-law respecting the exercise of its powers and its internal management.

1981, c. 6, s. 15; 1999, c. 40, s. 289.

16. The by-laws of the Société, except those made under section 14, come into force upon approval by the Government.

1981, c. 6, s. 16; 1999, c. 40, s. 289; 2000, c. 8, s. 206.

17. The minutes of the sittings of the board of directors, approved by the board and certified true by the president or by the secretary, are authentic, as are documents or copies emanating from the Société or forming part of its records, if certified true by the secretary.

1981, c. 6, s. 17; 1999, c. 40, s. 289.

DIVISION II OBJECTS AND POWERS OF THE SOCIÉTÉ

1999, c. 40, s. 289.

18. The Société has the following objects:

(1)  to manage and operate the Palais des congrès de Montréal;

(2)  to draw up development or operational plans for the Palais des congrès;

(3)  to carry on such commercial and other activities as may foster the development of the Palais des congrès and take up their operation, promotion and management; and

(4)  to replace the Société immobilière du Québec in respect of the development and improvement of the Palais des congrès to such extent, on such conditions and on such date as are fixed by the Government.

1981, c. 6, s. 18; 1983, c. 40, s. 89; 1999, c. 40, s. 289.

19. To attain its objects, the Société shall, alone or with others, from such date and on such conditions as are determined by the Government, rent or acquire the property owned by the Société immobilière du Québec.

1981, c. 6, s. 19; 1983, c. 40, s. 90; 1999, c. 40, s. 289.

20. The Société may associate or contract with any person to attain its objects.

1981, c. 6, s. 20; 1999, c. 40, s. 289.

21. In no case may the Société, without the authorization of the Government,

(1)  contract a loan that increases the aggregate of its outstanding loans to over $500 000;

(2)  build, acquire or dispose of immovables;

(3)  make a financial commitment for a greater amount than that determined by the Government;

(4)  acquire or hold stocks or shares of another legal person.

1981, c. 6, s. 21; 1999, c. 40, s. 289.

22. The Government may make regulations respecting the conditions governing contracts of the Société and determine in what cases such contracts are subject to the approval of the Government or the Conseil du trésor.

Any regulation made under this section comes into force on the day of its publication in the Gazette officielle du Québec or on any later date fixed therein.

1981, c. 6, s. 22; 1999, c. 40, s. 289.

DIVISION III GOVERNMENT GUARANTY

23. The Government may

(1)  undertake, on such conditions as it may fix, to meet the temporary needs of the Société for liquid assets in such a manner as to enable it to ensure, at maturity, the repayment of the capital and the payment of the interest on any loan contracted by the Société;

(2)  authorize the Minister of Finance to advance to the Société any amount deemed necessary to carry out this Act, at such rate of interest, for such period of time, and on such other conditions as it may fix;

(3)  guarantee, on such conditions as it may fix, the payment in capital and interest of any loan or other obligation contracted by the Société.

1981, c. 6, s. 23; 1999, c. 40, s. 289.

24. The sums required for the application of section 23 are taken out of the Consolidated Revenue Fund.

1981, c. 6, s. 24.

25. The sums received by the Société are used to meet its obligations and the balance is paid, on the motion of the Government, into the Consolidated Revenue Fund.

1981, c. 6, s. 25; 1999, c. 40, s. 289.

DIVISION IV ACCOUNTS AND REPORTS

26. The fiscal period of the Société ends on 31 March each year.

1981, c. 6, s. 26; 1999, c. 40, s. 289.

27. The Société must, not later than 31 July each year, make a report of its activities for the preceding fiscal period to the Minister.

The report must further contain all the information prescribed by the Minister.

The report must be tabled before the National Assembly if it is in session or, if it is not sitting, within 30 days after the opening of the next session or, as the case may be, within 30 days after resumption.

1981, c. 6, s. 27; 1984, c. 36, s. 43; 1994, c. 16, s. 47; 1999, c. 40, s. 289.

28. The Auditor General shall audit the books and accounts of the Société every year and also whenever so ordered by the Government. The report of the Auditor General must accompany the annual report of the Société.

1981, c. 6, s. 28; 1985, c. 38, s. 85; 1999, c. 40, s. 289.

29. The Société must furnish to the Minister any information that he requires on its activities.

1981, c. 6, s. 29; 1999, c. 40, s. 289.

DIVISION V FINAL PROVISIONS

30. The Minister of Tourism is responsible for the carrying out of this Act.

1981, c. 6, s. 30; 1984, c. 36, s. 43; 1994, c. 16, s. 48; 1996, c. 13, s. 21; 1999, c. 43, s. 14; 2003, c. 19, s. 251; 2003, c. 29, s. 141; 2005, c. 37, s. 40.

31. (Omitted).

1981, c. 6, s. 31.

32. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 31; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 6 of the statutes of 1981, in force on 31 December 1981, is repealed, except section 31, effective from the coming into force of chapter S-14.1 of the Revised Statutes.