s-11.03 - Act respecting the Société de la Place des Arts de Montréal

Updated to 30 May 2000

This document has official status.

chapter S-11.03

Act respecting the Société de la Place des Arts de Montréal

The alphanumerical designation of this chapter was formerly S-12.1.

CHAPTER I ESTABLISHMENT AND ORGANIZATION

1. A body, herein referred to as “the Société”, is hereby established under the name of the “Société de la Place des Arts de Montréal”.

1982, c. 9, s. 1; 1999, c. 40, s. 280.

2. The Société is a legal person.

1982, c. 9, s. 2; 1999, c. 40, s. 280.

3. The head office of the Société is in the territory of the Communauté urbaine de Montréal.

1982, c. 9, s. 3; 1999, c. 40, s. 280.

4. The affairs of the Société are administered by a board of directors consisting of nine members, including a chairman, appointed by the Government after consultation with the Communauté urbaine de Montréal and with socio-economic and cultural bodies active throughout Québec or at a regional level.

1982, c. 9, s. 4; 1999, c. 40, s. 280; 2000, c. 7, s. 1.

5. The members of the board of the Corporation shall receive no remuneration, except in such cases, on such conditions and to such extent as may be determined by the Government. They shall, however, be entitled to the reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.

1982, c. 9, s. 5; 1999, c. 40, s. 280; 2000, c. 7, s. 2.

6. The members of the Société are appointed for a term of not over four years.

1982, c. 9, s. 6; 1999, c. 40, s. 280.

7. The members of the Société remain in office notwithstanding the expiry of their term until they are replaced or reappointed.

1982, c. 9, s. 7; 1999, c. 40, s. 280.

8. Five members are a quorum at sittings of the Société.

1982, c. 9, s. 8; 1999, c. 40, s. 280.

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

1982, c. 9, s. 9.

10. If a member of the Société is absent or unable to act, the Government, according to the mode of appointment provided in section 4 and on the conditions it determines, may appoint a person as interim member.

1982, c. 9, s. 10; 1999, c. 40, s. 280.

11. Each year, at its first meeting, the Société shall form an executive committee of three members, whose functions are determined by the by-laws of the Société.

The by-laws come into force from the date of their approval by the Government.

The president of the Société is chairman of the committee exofficio; a vice-chairman and the third member are to be designated from among the other members of the Société.

1982, c. 9, s. 11; 1999, c. 40, s. 280.

12. The Société shall appoint a director general, whose salary, allowances, indemnities and other conditions of employment are determined by the Government.

1982, c. 9, s. 12; 1999, c. 40, s. 280.

13. The director general is responsible for the management of the Société within the scope of its by-laws.

1982, c. 9, s. 13; 1999, c. 40, s. 280.

14. The director general shall perform his duties on a full-time basis; however, he may simultaneously carry out the duties of secretary.

1982, c. 9, s. 14.

15. The Société may appoint a secretary and any other employee necessary for its functions.

1982, c. 9, s. 15; 1999, c. 40, s. 280.

16. The secretary and the other employees of the Société are appointed and remunerated in accordance with the standards, scales and staffing plan established by the by-laws of the Société.

The by-laws come into force from the date of their approval by the Government.

1982, c. 9, s. 16; 1999, c. 40, s. 280.

17. The Société may adopt internal management by-laws.

The by-laws come into force from the date of their approval by the Government.

1982, c. 9, s. 17; 1999, c. 40, s. 280.

18. Every member of the Société having a direct or indirect interest in an undertaking causing his personal interest to conflict with that of the Société shall, under pain of forfeiture of office, disclose it in writing to the board of directors and abstain from participating in any decision bearing on the undertaking in which he has an interest.

1982, c. 9, s. 18; 1999, c. 40, s. 280.

19. The minutes of the sittings of the board of directors, approved by the board and certified by the president or by any other person so authorized by the Société, are authentic.

Similarly, documents or copies emanating from the Société or forming part of its records are authentic if certified by such a person.

1982, c. 9, s. 19; 1999, c. 40, s. 280; 2000, c. 7, s. 3.

CHAPTER II FUNCTIONS AND POWERS

20. The objects of the Société are to operate a business for the diffusion of the performing arts, and to administer the Place des Arts de Montréal and any other establishment whose management is entrusted to it by the Government.

The activities of the Société shall be conducted, more specifically, so as to provide a residence for major artistic organizations, improve access to the various types of performing arts, and promote arts and culture in Québec.

1982, c. 9, s. 20; 1999, c. 40, s. 280; 2000, c. 7, s. 4.

20.1. The Société may, in particular, in pursuing its objects,

(1)  produce, co-produce or host artistic works originating in Québec or elsewhere;

(2)  organize activities designed to develop public awareness and increase attendance;

(3)  offer particular services to artistic organizations and producers, and establish an operating policy in this regard;

(4)  acquire specialized technical equipment to meet the specific needs of artistic organizations and producers;

(5)  enter into agreements and take part in joint projects with any other person or body;

(6)  enter into agreements according to law with a government other than the Gouvernement du Québec, a department of such a government, an international organization or an agency of such a government or organization;

(7)  receive gifts, bequests, grants and other contributions, provided that any conditions attaching thereto are compatible with the pursuit of its objects;

(8)  establish an advisory committee made up of resident artistic organizations and any other advisory committee it considers necessary.

The members of a committee established under subparagraph 8 of the first paragraph shall receive no remuneration, except in such cases, on such conditions and to such extent as may be determined by the Government. They shall, however, be entitled to the reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.

2000, c. 7, s. 4.

21. The Société shall not, without obtaining the prior authorization of the Government,

(1)  exercise its powers in respect of property other than the Place des Arts de Montréal;

(2)  acquire, alienate, hypothecate or take a lease on an immovable;

(3)  acquire or dispose of shares, stock or assets of a legal person;

(4)  contract a loan that increases the aggregate of sums borrowed by the Société and outstanding above the amount determined by the Government;

(5)  exercise a mandate pertaining to the negotiation of a collective labour agreement with its employees;

(6)  (paragraph repealed).

1982, c. 9, s. 21; 1999, c. 40, s. 280; 2000, c. 7, s. 5.

22. (Repealed).

1982, c. 9, s. 22; 1999, c. 40, s. 280; 2000, c. 7, s. 6.

CHAPTER III GOVERNMENT GUARANTEES

23. The Government may determine the conditions of any subsidy it grants to the Société to cover the whole or part of the payment in capital and interest of any loan or other obligation of the Société.

1982, c. 9, s. 23; 1999, c. 40, s. 280.

24. The Government may guarantee, on such conditions as it may fix, the payment in capital and interest of any loan or other obligation of the Société.

The sums required for the administration of this section are taken out of the Consolidated Revenue Fund.

1982, c. 9, s. 24; 1999, c. 40, s. 280.

CHAPTER IV ACCOUNTS AND REPORTS

25. The fiscal period of the Société ends on 31 August each year.

1982, c. 9, s. 25; 1999, c. 40, s. 280.

26. The Corporation must, on the date fixed by the Minister, file a three-year activity plan. The plan must take into account the guidelines and objectives indicated by the Minister.

The plan must be drawn up in the form determined by the Minister, and contain the information required by the Minister.

The plan requires the approval of the Minister.

1982, c. 9, s. 26; 1999, c. 40, s. 280; 2000, c. 7, s. 7.

27. Within four months from the end of its fiscal period, the Société shall file its financial statements and a report of its activities for the preceding fiscal period with the Minister of Culture and Communications.

The financial statements and the report of activities must contain all the information required by the Minister.

1982, c. 9, s. 27; 1992, c. 65, s. 43; 1994, c. 14, s. 34; 1999, c. 40, s. 280; 2000, c. 7, s. 8.

28. The Minister shall table the report of activities and the financial statements of the Société before the National Assembly within 30 days of receiving them, if the Assembly is in session or, if it is not sitting, within 30 days of the next session or of resumption, as the case may be.

1982, c. 9, s. 28; 1982, c. 62, s. 143; 1999, c. 40, s. 280.

29. The Société shall also furnish to the Minister any information he requires on its activities.

1982, c. 9, s. 29; 1999, c. 40, s. 280.

30. The books and accounts of the Société must be audited every year and whenever the Government orders them audited, by the Auditor General or by an auditor recommended by the Société with the approval of the Government.

1982, c. 9, s. 30; 1999, c. 40, s. 280.

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

1982, c. 9, s. 31; 1999, c. 40, s. 280.

32. TThe Corporation shall finance its activities out of the amounts it receives and the appropriations granted to it annually for that purpose by Parliament. Any surplus amount shall remain with the Corporation, unless the Government decides otherwise.

1982, c. 9, s. 32; 1999, c. 40, s. 280; 2000, c. 7, s. 9.

CHAPTER V TRANSITIONAL AND FINAL PROVISIONS

33. The name “Place des Arts de Montréal” and the name “Place des Arts” shall not be used in Québec to designate any immovable, undertaking or body, without the written authorization of the Société.

1982, c. 9, s. 33; 1999, c. 40, s. 280.

34. The Société de la Place des Arts de Montréal is substituted for the Régie de la Place des Arts and, in that capacity, assumes its powers and obligations and acquires its rights.

1982, c. 9, s. 34.

35. Members and employees of the Régie de la Place des Arts who are in office on 1 July 1982 become members and employees, respectively, of the Société de la Place des Arts de Montréal.

1982, c. 9, s. 35.

36. The term of office of a member of the Régie de la Place des Arts that has not expired on 1 July 1982 is continued until the appointment of a new member by the Government according to the mode of appointment provided in section 4.

1982, c. 9, s. 36.

37. Every provision of a by-law, order in council or order made under the Act respecting Place des Arts (chapter P-11) remains in force until it is amended or replaced.

1982, c. 9, s. 37.

38. (Omitted).

1982, c. 9, s. 38.

39. The commitments of the Government in respect of the holders of obligations of the Régie de la Place des Arts are not changed by this Act.

1982, c. 9, s. 39.

40. The commitments of the city of Montréal in respect of the deficits of the Régie de la Place des Arts, in accordance with orders in council 679-65 of 31 March 1965 and 904-66 of 18 May 1966 and order 3423-80 of 29 October 1980, are at the sole charge of the Government.

1982, c. 9, s. 40.

41. (Omitted).

1982, c. 9, s. 41.

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

1982, c. 9, s. 42; 1992, c. 65, s. 43; 1994, c. 14, s. 34.

43. (Omitted).

1982, c. 9, s. 43.

44. (This section ceased to have effect on 1 July 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter S-12.1 of the Revised Statutes, in force on 1 March 1988, is repealed effective from the coming into force of chapter S-11.03 of the Revised Statutes.