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

Updated to 4 December 2007

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 Ville de Montréal.

1982, c. 9, s. 3; 1999, c. 40, s. 280; 2000, c. 56, s. 219.

4. 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 Ville de Montréal and with socio-economic and cultural bodies active throughout Québec or at a regional level, 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. Members of the board are appointed for a term of up to four years.

1982, c. 9, s. 4; 1999, c. 40, s. 280; 2000, c. 7, s. 1; 2000, c. 56, s. 219; 2007, c. 26, s. 1.

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

2007, c. 26, s. 1.

4.2. 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. 1.

4.3. If the board of directors does not recommend a candidate for the position of president and chief executive officer in accordance with section 4.2 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. 1.

4.4. 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. 1.

5. The Government shall determine the remuneration, employee benefits and other conditions of employment of the president and chief executive officer.

The other members of the board of directors 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; 2007, c. 26, s. 2.

6. (Repealed).

1982, c. 9, s. 6; 1999, c. 40, s. 280; 2007, c. 26, s. 3.

7. The members of the board of directors 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; 2007, c. 26, s. 4.

8. The quorum at meetings of the board is the majority of its members.

1982, c. 9, s. 8; 1999, c. 40, s. 280; 2007, c. 26, s. 5.

9. (Repealed).

1982, c. 9, s. 9; 2007, c. 26, s. 6.

10. (Repealed).

1982, c. 9, s. 10; 1999, c. 40, s. 280; 2007, c. 26, s. 6.

11. (Repealed).

1982, c. 9, s. 11; 1999, c. 40, s. 280; 2007, c. 26, s. 6.

12. (Repealed).

1982, c. 9, s. 12; 1999, c. 40, s. 280; 2007, c. 26, s. 6.

13. (Repealed).

1982, c. 9, s. 13; 1999, c. 40, s. 280; 2007, c. 26, s. 6.

14. (Repealed).

1982, c. 9, s. 14; 2007, c. 26, s. 6.

15. (Repealed).

1982, c. 9, s. 15; 1999, c. 40, s. 280; 2007, c. 26, s. 6.

16. The 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.

1982, c. 9, s. 16; 1999, c. 40, s. 280; 2000, c. 8, s. 194; 2007, c. 26, s. 7.

17. The Société may make by-laws 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.

1982, c. 9, s. 17; 1999, c. 40, s. 280; 2007, c. 26, s. 8.

18. (Repealed).

1982, c. 9, s. 18; 1999, c. 40, s. 280; 2007, c. 26, s. 9.

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)  (paragraph repealed);

(6)  (paragraph repealed).

1982, c. 9, s. 21; 1999, c. 40, s. 280; 2000, c. 7, s. 5; 2000, c. 8, s. 195.

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 Société’s strategic plan must be consistent with the strategic directions and objectives the Minister gives the Société.

1982, c. 9, s. 26; 1999, c. 40, s. 280; 2000, c. 7, s. 7; 2007, c. 26, s. 10.

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.

1982, c. 9, s. 30; 1999, c. 40, s. 280; 2007, c. 26, s. 11.

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. The Société 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 Société, unless the Government decides otherwise.

1982, c. 9, s. 32; 1999, c. 40, s. 280; 2000, c. 7, s. 9; 2007, c. 26, s. 12.

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.