d-9.1 - Act to promote the advancement of science and technology in Québec

Repealed on 8 June 1999

This document has official status.

chapter D-9.1

Act to promote the advancement of science and technology in Québec

Repealed, 1999, c. 8, s. 18.

1999, c. 8, s. 18.

CHAPTER I DEFINITION

1. For the purposes of this Act, a public agency is

(1)  an agency to which the Government or a minister appoints the majority of the members;

(2)  an agency to which, by law, the personnel is appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1);

(3)  an agency whose capital stock is part of the public domain; or

(4)  an agency over one-half of whose operating expenses are paid out of the appropriations appearing in the budget estimates tabled in the National Assembly.

1983, c. 23, s. 1; 1983, c. 55, s. 161.

CHAPTER II

Repealed, 1985, c. 21, s. 30.

1985, c. 21, s. 30.

DIVISION I

Repealed, 1985, c. 21, s. 30.

1985, c. 21, s. 30.

2. (Repealed).

1983, c. 23, s. 2; 1985, c. 21, s. 30.

3. (Repealed).

1983, c. 23, s. 3; 1983, c. 55, s. 161; 1985, c. 21, s. 30.

4. (Repealed).

1983, c. 23, s. 4; 1985, c. 21, s. 30.

5. (Repealed).

1983, c. 23, s. 5; 1985, c. 21, s. 30.

6. (Repealed).

1983, c. 23, s. 6; 1983, c. 55, s. 161; 1985, c. 21, s. 30.

DIVISION II

Repealed, 1985, c. 21, s. 30.

1985, c. 21, s. 30.

7. (Repealed).

1983, c. 23, s. 7; 1985, c. 21, s. 30.

8. (Repealed).

1983, c. 23, s. 8; 1985, c. 21, s. 30.

9. (Repealed).

1983, c. 23, s. 9; 1985, c. 21, s. 30.

10. (Repealed).

1983, c. 23, s. 10; 1985, c. 21, s. 30.

11. (Repealed).

1983, c. 23, s. 11; 1985, c. 21, s. 30.

12. (Repealed).

1983, c. 23, s. 12; 1985, c. 21, s. 30.

13. (Repealed).

1983, c. 23, s. 13; 1985, c. 21, s. 30.

DIVISION III

Repealed, 1985, a. 21, s. 30.

1985, c. 21, s. 30.

14. (Repealed).

1983, c. 23, s. 14; 1985, c. 21, s. 30.

15. (Repealed).

1983, c. 23, s. 15; 1985, c. 21, s. 30.

16. (Repealed).

1983, c. 23, s. 16; 1985, c. 21, s. 30.

17. (Repealed).

1983, c. 23, s. 17; 1985, c. 21, s. 30.

18. (Repealed).

1983, c. 23, s. 18; 1985, c. 21, s. 30.

19. (Repealed).

1983, c. 23, s. 19; 1985, c. 21, s. 30.

CHAPTER III THE CONSEIL DE LA SCIENCE ET DE LA TECHNOLOGIE

DIVISION I ESTABLISHMENT AND ORGANIZATION

20. The “Conseil de la Science et de la Technologie” is hereby established.

1983, c. 23, s. 20.

21. The secretariat of the Conseil is located at the place determined by the Government. Notice of the location or of any transfer of the secretariat is published in the Gazette officielle du Québec.

1983, c. 23, s. 21.

22. The Conseil is composed of 15 members, including a president, appointed by the Government and representing the research, college and university education, business and labour communities, the field of scientific and technical information and the public and parapublic sectors.

The Government may appoint not more than three observers to the Conseil; they participate in the meetings of the Conseil but have no vote.

1983, c. 23, s. 22.

23. The president of the Conseil is appointed for not over five years; the other members are appointed for not over three years.

The term of office of the members may be renewed consecutively only once. At the expiry of their terms of office, the members remain in office until they are replaced or reappointed.

1983, c. 23, s. 23.

24. Any vacancy occurring during the term of office of the members of the Conseil is filled in accordance with the mode of appointment prescribed in section 22.

Absence from a number of meetings determined by the internal management by-laws of the Conseil constitutes a vacancy in the cases and circumstances indicated therein.

1983, c. 23, s. 24.

25. The president, who shall exercise his duties full time, has supervision and direction of the Conseil and its personnel.

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

1983, c. 23, s. 25.

26. Members of the Conseil other than the president are not remunerated. They are, however, entitled, to the extent provided by regulation of the Government and on presentation of vouchers, to an attendance allowance and to the reimbursement of reasonable expenses incurred by them in the performance of their duties.

1983, c. 23, s. 26.

27. The sittings of the Conseil and, as the case may be, of its committees are public, except those dealing with matters of internal management.

The Conseil may hold its sittings anywhere in Québec.

Seven members are a quorum at sittings of the Conseil.

In case of a tie-vote, the president has a casting vote.

1983, c. 23, s. 27.

28. The secretary and the other members of the personnel of the Conseil are appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

1983, c. 23, s. 28; 1983, c. 55, s. 161.

DIVISION II FUNCTIONS AND POWERS

29. The function of the Conseil is to advise the Minister of Industry, Trade, Science and Technology on any matter relating generally to the advancement of science and technology in Québec.

For that purpose, the Conseil must make periodic reports to the Minister on the progress and needs of scientific research and technological development.

1983, c. 23, s. 29; 1985, c. 21, s. 36; 1988, c. 41, s. 50; 1993, c. 51, s. 72; 1994, c. 16, s. 14.

30. In performing its function, the Conseil may

(1)  advise or make recommendations to the Minister on any matter relating to the advancement of science and technology in Québec;

(2)  solicit or receive petitions, opinions and suggestions from interested agencies or groups and from the general public on any matter relating to the advancement of science and technology in Québec;

(3)  conduct studies and investigations that it considers useful or necessary for the performance of its function, or cause them to be effected.

1983, c. 23, s. 30.

31. The Conseil shall advise the Minister on any question submitted by him in connection with the advancement of science and technology.

It may also communicate its findings and conclusions to the Minister.

1983, c. 23, s. 31.

31.1. (Repealed).

1988, c. 41, s. 51; 1994, c. 16, s. 15.

32. The Conseil may form committees for the proper conduct of its work. It must also, at the request of the Minister, form subcommittees to investigate particular matters.

The members of committees and subcommittees are not remunerated; they are, however, entitled, to the extent provided by regulation of the Government and on presentation of vouchers, to an attendance allowance and to the reimbursement of reasonable expenses incurred by them in the performance of their duties.

1983, c. 23, s. 32.

33. The Conseil may adopt internal management by-laws.

1983, c. 23, s. 33.

DIVISION III REPORT

34. The Conseil, not later than 31 July each year, shall transmit to the Minister a report of its activities for the preceding fiscal year.

The Minister shall table the report in the National Assembly within 30 days of receiving it if the Assembly is in session or, if it is not sitting, within 30 days after the opening of the next session or resumption.

1983, c. 23, s. 34.

CHAPTER IV FINANCIAL SUPPORT FOR RESEARCH

DIVISION I

Repealed, 1985, c. 21, s. 31.

1985, c. 21, s. 31.

§ 1 . —

Repealed, 1985, c. 21, s. 31.

1985, c. 21, s. 31.

35. (Repealed).

1983, c. 23, s. 35; 1985, c. 21, s. 31.

36. (Repealed).

1983, c. 23, s. 36; 1985, c. 21, s. 31.

37. (Repealed).

1983, c. 23, s. 37; 1985, c. 21, s. 31.

38. (Repealed).

1983, c. 23, s. 38; 1985, c. 21, s. 31.

39. (Repealed).

1983, c. 23, s. 39; 1985, c. 21, s. 31.

40. (Repealed).

1983, c. 23, s. 40; 1985, c. 21, s. 31.

41. (Repealed).

1983, c. 23, s. 41; 1985, c. 21, s. 31.

42. (Repealed).

1983, c. 23, s. 42; 1985, c. 21, s. 31.

43. (Repealed).

1983, c. 23, s. 43; 1985, c. 21, s. 31.

44. (Repealed).

1983, c. 23, s. 44; 1985, c. 21, s. 31.

45. (Repealed).

1983, c. 23, s. 45; 1985, c. 21, s. 31.

46. (Repealed).

1983, c. 23, s. 46; 1985, c. 21, s. 31.

47. (Repealed).

1983, c. 23, s. 47; 1985, c. 21, s. 31.

48. (Repealed).

1983, c. 23, s. 48; 1985, c. 21, s. 31.

49. (Repealed).

1983, c. 23, s. 49; 1985, c. 21, s. 31.

§ 2 . —

Repealed, 1985, c. 21, s. 31.

1985, c. 21, s. 31.

50. (Repealed).

1983, c. 23, s. 50; 1985, c. 21, s. 31.

51. (Repealed).

1983, c. 23, s. 51; 1985, c. 21, s. 31.

52. (Repealed).

1983, c. 23, s. 52; 1985, c. 21, s. 31.

53. (Repealed).

1983, c. 23, s. 53; 1985, c. 21, s. 31.

54. (Repealed).

1983, c. 23, s. 54; 1985, c. 21, s. 31.

55. (Repealed).

1983, c. 23, s. 55; 1985, c. 21, s. 31.

56. (Repealed).

1983, c. 23, s. 56; 1985, c. 21, s. 31.

57. (Repealed).

1983, c. 23, s. 57; 1985, c. 21, s. 31.

§ 3 . —

Repealed, 1985, c. 21, s. 31.

1985, c. 21, s. 31.

58. (Repealed).

1983, c. 23, s. 58; 1985, c. 21, s. 31.

§ 4 . —

Repealed, 1985, c. 21, s. 31.

1985, c. 21, s. 31.

59. (Repealed).

1983, c. 23, s. 59; 1985, c. 21, s. 31.

60. (Repealed).

1983, c. 23, s. 60; 1985, c. 21, s. 31.

61. (Repealed).

1983, c. 23, s. 61; 1985, c. 21, s. 31.

62. (Repealed).

1983, c. 23, s. 62; 1985, c. 21, s. 31.

63. (Repealed).

1983, c. 23, s. 63; 1985, c. 21, s. 31.

64. (Repealed).

1983, c. 23, s. 64; 1985, c. 21, s. 31.

DIVISION II RESEARCH SUPPORT FUNDS

The terms of coming into force of this Division are found in the note at the end of this Act.

§ 1 . — Establishment and organization

65. The following bodies are hereby established:

(1)  the “Fonds pour la formation de chercheurs et l’aide à la recherche”, under the responsibility of the Minister of Education;

(2)  the “Fonds de la recherche en santé du Québec”, under the responsibility of the Minister of Health and Social Services;

Not in force

(3)  the “Fonds de recherche en agriculture, en pêcheries et en alimentation”, under the responsibility of the Minister of Agriculture, Fisheries and Food.

1983, c. 23, s. 65; 1985, c. 21, s. 32; 1985, c. 23, s. 24; 1988, c. 41, s. 52; 1993, c. 51, s. 72; 1994, c. 16, s. 16.

66. Each Fonds is a corporation.

1983, c. 23, s. 66.

67. Each Fonds is a mandatary of the Government.

The property of each Fonds is part of the public domain but the performance of its obligations may be levied against its property.

Each Fonds binds only itself when it acts in its own name.

1983, c. 23, s. 67.

68. Each Fonds has its corporate seat at the place determined by the Government. Notice of the location or of any transfer of the corporate seat is published in the Gazette officielle du Québec.

1983, c. 23, s. 68.

69. Each Fonds is administered by a board of directors composed of not more than fourteen members, including a chairman and a managing director, appointed by the Government.

The Government may appoint observers to each Fonds. The observers participate in the meetings of the Fonds but have no vote.

1983, c. 23, s. 69.

70. The members of the board of directors shall appoint a vice-chairman from among themselves. If the chairman is temporarily absent or unable to act, the vice-chairman shall exercise the functions of the chairman.

1983, c. 23, s. 70.

71. The chairman and the managing director are appointed for not over three years.

The other members are appointed for three years; however, two members of the first board of directors are appointed for two years and two other members for one year.

1983, c. 23, s. 71.

72. At the end of their terms the members of the board of directors remain in office until they are replaced or reappointed.

The appointment of the chairman and of the other members may be renewed consecutively only once. The appointment of the managing director may be renewed.

1983, c. 23, s. 72.

73. Every vacancy occurring during a term of office is filled in accordance with the mode of appointment prescribed in section 69.

Absence from a number of meetings determined by the internal by-laws of each Fonds constitutes a vacancy.

1983, c. 23, s. 73.

74. The chairman shall preside at meetings of the board of directors and exercise such other functions as are assigned to him by the by-laws of internal management of the Fonds.

The managing director shall administer the Fonds and have the direction of its personnel. By government decision, the functions of the chairman and those of the managing director may be assumed by the same person.

The managing director shall devote his full time to his official duties.

The Government shall fix the remuneration, social benefits and the other conditions of employment of the chairman and of the managing director.

1983, c. 23, s. 74.

75. Members other than the chairman and the managing director are not remunerated. However, they are entitled, to the extent provided by regulation of the Government and on presentation of vouchers, to the reimbursement of reasonable expenses incurred by them in the performance of their duties, and to an attendance allowance.

1983, c. 23, s. 75.

76. In no case may the managing director, under pain of forfeiture of office, have any direct or indirect interest in an undertaking causing his personal interest to conflict with that of the Fonds. However, such forfeiture is not incurred if such an interest devolves to him by succession or gift, provided that he renounces or disposes of it with all possible dispatch.

Any other member of the board of directors who has any interest in such an undertaking must, under pain of forfeiture of office, disclose it in writing to the managing director and abstain from participating in any deliberation and any decision concerning the undertaking.

1983, c. 23, s. 76.

77. Each Fonds may establish offices at places it determines and may hold its sittings anywhere in Québec.

The quorum at meetings of the board of directors is over one-half of the members of the board of directors of the Fonds.

In case of a tie-vote, the chairman has a casting vote.

1983, c. 23, s. 77.

78. Every decision signed by all the members of the board of directors has the same force as if it had been taken at a regular sitting.

1983, c. 23, s. 78.

79. The members of the personnel of a Fonds are appointed and remunerated according to the staffing requirements, standards and scales established by by-law of the Fonds.

The by-law may also determine the social benefits and the other conditions of employment to which the members of the personnel are entitled, and make them subject to the second paragraph of section 76.

The by-law comes into force, following its approval by the Government, from the date of its publication in the Gazette officielle du Québec or on any later date indicated in it.

1983, c. 23, s. 79.

§ 2 . — Functions and powers

80. The functions of the Fonds pour la formation de chercheurs et l’aide à la recherche are

(1)  to promote or provide financial support for research carried out in post-secondary educational institutions;

(2)  to promote or provide financial support, in accordance with the plan of activities contemplated in section 83, for the work of researchers who are not attached to any post-secondary educational institution;

(3)  to promote or provide financial support for the diffusion of scientific knowledge in all fields of research;

(4)  to promote or provide financial support for the training of researchers by granting achievement scholarships to graduate and postgraduate students and to those who wish to re-enter the research community, as well as professional improvement scholarships.

1983, c. 23, s. 80; 1985, c. 30, s. 37.

81. The function of the Fonds de la recherche en santé du Québec is to promote or provide financial support for research and for the training and advanced training of researchers in the field of health sciences.

1983, c. 23, s. 81.

Not in force

82. The function of the Fonds de recherche en agriculture, en pêcheries et en alimentation is to promote or provide financial support for research and for the training and advanced training of researchers in the fields of agriculture, fisheries and food.

1983, c. 23, s. 82.

83. Every Fonds shall, every year on the date fixed by the minister responsible, transmit to him a three-year plan of its activities. The plan must take into account the directives that the minister responsible may, as the case may be, give to the Fonds on its objectives and orientations.

For the first year, the plan indicates separately the amounts estimated for the management expenditures of the Fonds and the amounts estimated for each of its financial support programs. The plan is accompanied with the budgetary estimates for the two following years.

The plan is submitted to the Government for approval on the recommendation of the minister responsible for the Fonds.

The plan is tabled in the National Assembly within 15 days of its approval by the Government if the Assembly is in session or, if it is not sitting, within 15 days of the opening of the next session or resumption.

1983, c. 23, s. 83; 1985, c. 21, s. 36; 1988, c. 41, s. 53; 1993, c. 51, s. 72; 1994, c. 16, s. 17.

84. Every Fonds may, within the scope of its plan of activities approved by the Government and on the conditions it determines, grant financial support by way of subsidies and grants.

Every Fonds may also grant financial support in any other manner approved by the Government.

1983, c. 23, s. 84; 1985, c. 21, s. 33.

85. Every Fonds may make regulations concerning

(1)  the form and content of applications for financial assistance, the information they must contain and the documents which must accompany them;

(2)  the modalities and criteria governing the assessment of applications for financial support;

(3)  the scales and limits of the financial support it may give.

Every regulation made under subparagraph 3 of the first paragraph is subject to approval by the Government.

Every regulation made under this section comes into force ten days after its publication in the Gazette officielle du Québec or on any later date indicated in it.

1983, c. 23, s. 85.

86. Every Fonds may form committees responsible for the assessment of the applications for financial support that are addressed to it.

The members of such committees are not remunerated; they are, however, entitled, to the extent provided by regulation of the Government and on presentation of vouchers, to an attendance allowance and to the reimbursement of reasonable expenses incurred by them in the performance of their duties.

However, committee members delegated by departments and public agencies are not entitled to an attendance allowance.

1983, c. 23, s. 86.

87. Every Fonds may, according to law, enter into any agreement with any government other than that of Québec, any department of such a government, any international organization, or any agency of such a government or organization, in order to carry out its functions.

1983, c. 23, s. 87; 1988, c. 41, s. 54.

88. Every Fonds may adopt internal management by-laws.

1983, c. 23, s. 88.

89. In addition to its functions provided for under this division, every Fonds shall implement the financial support programs that are under its authority pursuant to another Act or, with the authorization of the Government and on the conditions it determines, the financial support programs under the authority of a department or a public agency. The Fonds shall then carry out its functions in accordance with this subdivision, wherever practicable.

1983, c. 23, s. 89.

90. In no case may a Fonds, unless authorized by the Government,

(1)  contract a loan that increases its total outstanding borrowings to more than the amount determined by the Government;

(2)  make a contract for a term or amount exceeding that determined by the Government.

No Fonds may acquire immovables.

1983, c. 23, s. 90.

90.1. In the pursuit of its objectives, a Fonds may, with the authorization of the minister responsible, enter into agreements or conventions with any person, partnership or organized body for the purpose of receiving or accepting gifts, legacies, grants or other contributions.

1987, c. 43, s. 1.

§ 3 . — Financial provisions

91. The Government may, on the conditions it determines

(1)  guarantee any loan contracted by a Fonds as well as the execution of any of its obligations;

(2)  authorize the Minister of Finance to advance to a Fonds any amount deemed necessary for the carrying out of its functions.

Any sum that the Government may be called to pay under the guarantees or to advance to a Fonds is taken out of the consolidated revenue fund.

1983, c. 23, s. 91.

§ 4 . — Documents, accounts and reports

92. No deed, document or writing binds a Fonds unless it is signed by its chairman or managing director or by a member of its personnel and, in the case of such a member, only to the extent determined by regulation of the Fonds.

A Fonds may, by by-law and on the conditions it determines, allow a signature to be affixed by means of an automatic device to the documents it determines or a facsimile of a signature to be engraved, lithographed or printed on them. However, the facsimile has the same force as the signature itself only if the document is countersigned by a person authorized by the chairman of the Fonds.

Every by-law made by virtue of this section comes into force ten days after the date of its publication in the Gazette officielle du Québec or on any later date indicated in it.

1983, c. 23, s. 92.

93. A document or a copy of a document emanating from a Fonds or forming part of its records and signed or certified true by a person referred to in section 92 is authentic.

1983, c. 23, s. 93.

94. The fiscal year of the Fonds pour la formation de chercheurs et l’aide à la recherche and the Fonds de recherche en agriculture, en pêcherie et en alimentation ends on 31 May each year.

The fiscal year of the Fonds de la recherche en santé du Québec ends on 31 March each year.

1983, c. 23, s. 94.

95. Not later than 30 September each year, the Fonds pour la formation de chercheurs et l’aide à la recherche and the Fonds de recherche en agriculture, en pêcherie et en alimentation shall transmit to their respective responsible ministers, a report of their activities for the preceding fiscal year.

Not later than 31 July each year, the Fonds de la recherche en santé du Québec shall transmit to its responsible minister a report of its activities for the preceding fiscal year.

The report must also contain all the information the minister responsible may prescribe.

1983, c. 23, s. 95.

96. The minister responsible for a Fonds shall table the annual report of the Fonds in the National Assembly within 30 days of receiving it if the Assembly is in session or, if it is not sitting, within 30 days after the opening of the next session or resumption.

1983, c. 23, s. 96.

97. The books and accounts of the Fonds shall be audited every year by the Auditor General and also whenever so ordered by the Government.

The auditor’s report must accompany the annual report of every Fonds.

1983, c. 23, s. 97.

CHAPTER V PENAL PROVISIONS

1992, c. 61, s. 263.

98. Every person who gives false or misleading information in view of obtaining or procuring financial support provided for by this Act is guilty of an offence and liable to a fine of not more than $5 000.

1983, c. 23, s. 98; 1990, c. 4, s. 386.

99. Where a corporation commits an offence against section 98, every director or representative of that corporation who was aware of the offence is deemed to be a party to the offence and is liable to a fine of not more than $5 000 unless he proves to the satisfaction of the court that he did not acquiesce to the commission of the offence.

1983, c. 23, s. 99; 1990, c. 4, s. 386.

100. (Repealed).

1983, c. 23, s. 100; 1992, c. 61, s. 264.

101. No person found guilty of an offence against section 98 or 99, or against section 380 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) in connection with financial support contemplated under this Act, may, unless he has been pardoned, obtain financial support under this Act for a period of two years from the conviction.

1983, c. 23, s. 101.

CHAPTER VI TRANSITIONAL AND FINAL PROVISIONS

102. (Amendment integrated into c. A-29, s. 96).

1983, c. 23, s. 102.

103. (Amendment integrated into c. C-8, s. 4).

1983, c. 23, s. 103.

104. (Amendment integrated into c. C-8, s. 26.1).

1983, c. 23, s. 104.

105. (Amendment integrated into c. C-51, s. 1).

1983, c. 23, s. 105.

106. (Amendment integrated into c. C-51, s. 2).

1983, c. 23, s. 106.

107. (Amendment integrated into c. C-51, s. 3).

1983, c. 23, s. 107.

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

1983, c. 23, s. 108.

109. (Amendment integrated into c. M-20, s. 4).

1983, c. 23, s. 109.

110. (Amendment integrated into c. M-23, s. 11.1).

1983, c. 23, s. 110.

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

1983, c. 23, s. 111.

112. (Amendment integrated into c. P-21, s. 7).

1983, c. 23, s. 112.

113. (Amendment integrated into c. R-12, s. 55).

1983, c. 23, s. 113.

114. The president and the other members of the Conseil de la politique scientifique du Québec appointed by order No. 3859-80 of 17 December 1980, except associate members, become the president and the members of the Conseil de la Science et de la Technologie, respectively, established under this Act, for the unexpired portion of their terms of office.

1983, c. 23, s. 114.

115. The secretary and the other members of the personnel of the Conseil de la politique scientifique du Québec become the secretary and the members of the personnel of the Conseil de la Science et de la Technologie, respectively, established under this Act, as may be determined by the Government.

1983, c. 23, s. 115.

116. The letters patent of the Fonds de la recherche en santé du Québec, a non-profit corporation established pursuant to the Companies Act (chapter C-38), are cancelled.

The Fonds de la recherche en santé du Québec, established by this Act, acquires the property and rights of that corporation and assumes its obligations; it also becomes a party to any contract or agreement to which the corporation was a party.

1983, c. 23, s. 116.

117. The letters patent of the Fonds F.C.A.C. pour l’aide et le soutien à la recherche, a non-profit corporation established under the Companies Act (chapter C-38), are cancelled.

The Fonds pour la formation de chercheurs et l’aide à la recherche established by this Act acquires the property and rights of that corporation and assumes its obligations; it also becomes a party to any contract or agreement to which the corporation was a party.

1983, c. 23, s. 117.

118. The Fonds pour la formation de chercheurs et l’aide à la recherche is authorized to use any document or means of identification already prepared in the name of the Fonds F.C.A.C. pour l’aide et le soutien à la recherche until it is possible to replace them by documents and means of identification prepared in its name.

1983, c. 23, s. 118.

119. The employees of the Fonds pour la formation de chercheurs et l’aide à la recherche or of the Fonds de la recherche en santé du Québec appointed pursuant to the Public Service Act (chapter F-3.1.1) who have acquired permanent status before 28 November 1984 or before 25 January 1984, as the case may be, may apply for a transfer to another employment in the civil service and take part in advancement competitions in accordance with the provisions of the Public Service Act. For that purpose, they retain the civil service classification they had on that date.

For the purposes of section 52 of the Public Service Act, the two Fonds are deemed to be agencies within the meaning of that Act.

1983, c. 23, s. 119; 1983, c. 55, s. 161.

120. Section 35 of the Public Service Act (chapter F-3.1.1) applies to every employee contemplated in section 119 who takes part in an advancement competition for an employment in the civil service.

1983, c. 23, s. 120; 1983, c. 55, s. 161.

121. Every employee contemplated in section 119 who has been transferred to an employment in the civil service in accordance with that section may apply to the chairman of the Conseil du trésor for a readjustment of his classification within his class of employment to take into account the experience and additional years of formal training acquired while he was employed by the Fonds pour la formation de chercheurs et l’aide à la recherche or the Fonds de la recherche en santé du Québec.

1983, c. 23, s. 121; 1983, c. 55, s. 161; 1996, c. 35, s. 19.

122. Every employee contemplated in section 119 who has been promoted in accordance with that section may, in respect of the application of the rules of classification applicable at the time of his promotion, request that the chairman of the Conseil du trésor take into account the experience and additional years of formal training acquired while he was employed by the Fonds pour la formation de chercheurs et l’aide à la recherche or the Fonds de la recherche en santé du Québec.

1983, c. 23, s. 122; 1983, c. 55, s. 161; 1996, c. 35, s. 19.

123. Should the Fonds pour la formation de chercheurs et l’aide à la recherche or, as the case may be, the Fonds de la recherche en santé du Québec cease its activities, every employee contemplated in section 119 may either be laid off or transferred to an employment in the civil service that corresponds to his classification before 28 November 1984 or before 25 January 1984, as the case may be.

In such a case, the employee may apply to the chairman of the Conseil du trésor for a readjustment of his classification in the same manner as that provided in section 122.

1983, c. 23, s. 123; 1983, c. 55, s. 161; 1996, c. 35, s. 19.

124. Subject to the recourses which may exist pursuant to a collective agreement, every employee contemplated in section 119 who is dismissed or demoted may appeal therefrom in accordance with section 33 of the Public Service Act (chapter F-3.1.1).

1983, c. 23, s. 124; 1983, c. 55, s. 161.

Not in force

125. The civil servants of the Ministère de l’Éducation who on (insert here the date of coming into force of this section) became employees of the Fonds pour la formation de chercheurs et l’aide à la recherche may continue to contribute to the Civil Service Superannuation Plan or to the Government and Public Employees Pension Plan, as the case may be, except if they decide to contribute to the supplemental pension plan of the Fonds.

1983, c. 23, s. 125; 1993, c. 51, s. 72; 1994, c. 16, s. 18.

Not in force

126. The Minister of Agriculture, Fisheries and Food is authorized to enter into an agreement with the Fonds de recherche en agriculture, en pêcheries et en alimentation, in relation to personnel, administrative support and the needs in equipment and premises of the Fonds.

This section will cease to have effect on the date that will be fixed by the Government.

1983, c. 23, s. 126.

127. (Repealed).

1983, c. 23, s. 127; 1985, c. 21, s. 34.

128. The Minister of Industry, Trade, Science and Technology is responsible for the administration of this Act.

Notwithstanding the foregoing, the administration of Division II of Chapter IV is under the responsibility of the Minister of Education, the Minister of Health and Social Services and the Minister of Agriculture, Fisheries and Food respectively, in respect of the Fonds that is under his authority.

1983, c. 23, s. 128; 1985, c. 21, s. 35; 1985, c. 23, s. 24; 1988, c. 41, s. 55; 1993, c. 51, s. 72; 1994, c. 16, s. 19.

The Minister responsible for Research, Science and Technology exercises the functions of the Minister of Industry, Trade, Science and Technology provided for in this Act. O.C. 1506-98 of 98.12.15, (1999) 131 G.O. 2 (French), 75.

129. The sums required for the application of this Act are taken, for the fiscal year 1983-84, out of the consolidated revenue fund and for subsequent years, out of the sums granted annually for that purpose by Parliament.

1983, c. 23, s. 129.

130. (This section ceased to have effect on 17 August 1988).

1983, c. 23, s. 130; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

131. (Omitted).

1983, c. 23, s. 131.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 23 of the statutes of 1983, in force on 1 January 1984, is repealed, except the second paragraph of section 113 and section 131, effective from the coming into force of chapter D-9.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), the second paragraph of section 65, section 81, the second paragraph of section 94, the second paragraph of section 95, sections 102, 110 and 116 of chapter 23 of the statutes of 1983, in force on 1 July 1984, are repealed effective from the coming into force of the updating to 1 July 1984 of chapter D-9.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), the first paragraph of section 65, sections 80, 112 and 117 to 124 of chapter 23 of the statutes of 1983, in force on 1 March 1985, are repealed effective from the coming into force of the updating to 1 March 1985 of chapter D-9.1 of the Revised Statutes.

Section 19 of this Act will be repealed upon the coming into force of section 82 of chapter 38 of the statutes of 1983 on the date fixed by order of the Government.

Pursuant to O.C. 180-84 of 84.01.25, it is ordered that 25 January 1984 be fixed as the date of the coming into force of paragraph 2 of section 65, sections 66 to 79, section 81, sections 83 to 93, the second paragraph of section 94, the second and third paragraphs of section 95, sections 96 and 97, paragraph 17 of section 55 of the Act respecting the Civil Service Superannuation Plan enacted by section 113, and sections 116 and 119 to 124 of this Act in respect of the Fonds de la recherche en santé du Québec established by this Act.

Pursuant to O.C. 2626-84 of 84.11.28, it is ordered that 28 November 1984 be fixed as the date of the coming into force of paragraph 1 of section 65, sections 66 to 80, 83 to 93, the first paragraph of section 94, the first and third paragraphs of section 95, sections 96, 97, 112 and 117 to 124 of this Act in respect of the Fonds pour la formation de chercheurs et l’aide à la recherche established by this Act.

Any provisions referred to in this Act as “not in force” will come into force on the date or dates fixed by order of the Government (1983, c. 23, s. 131).