D-8.1, r. 3 - Regulation respecting the accreditation of publishers in Québec

Section 2 Disposition versions

2012-09-01

2. In addition to the stipulations set forth in sections 15 and 16 of the Act respecting the development of Québec firms in the book industry (chapter D-8.1), a person who carries on publishing activities in Québec on his own behalf must, if he wishes to become accredited, comply with the following norms and conditions:

(1)  have his head office or principal establishment in Québec;

(2)  in the case of a partnership, be registered with the enterprise registrar;

(3)  if a legal person, a company, a cooperative association, a savings and credit union, or a caisse d’entraide économique, be constituted either under the Statutes of Canada or the Statutes of Québec;

(4)  prove and certify that every person controlling or owning preferred shares, debentures, bonds or any debt allowing the effective control of the publishing house is eligible for accreditation under sections 15 and 16 of the Act; such proof is not required in the case of a debt owed to a Canadian chartered bank or an institution registered with the Autorité des marchés financiers if the debt is not secured or is guaranteed by persons referred to in sections 15 and 16 of the Act;

(5)  during the fiscal period preceding the application for accreditation, except for titles printed privately and for official documents of a government or an international organization in all cases:

(a)  have published at least 5 titles by Québec authors or possess an inventory of at least 15 titles by Québec authors, or

(b)  for a publishing house specializing in art books, have published at least 3 titles by Québec authors or possess an inventory of at least 5 titles by Québec authors, or

(c)  for a publishing house that has been in operation for less than 3 years, have published at least 5 titles by Québec authors or possess an inventory of at least 8 titles by Québec authors;

(6)  be up-to-date in the payment of royalties owing to each of the authors of books already published, in accordance with the contract that binds the author to the publisher and subject to section 5;

(7)  produce financial statements for the last fiscal period;

(8)  name the publishing houses for which he personally ensures exclusive distribution.

For the purposes of subparagraph 5 of the first paragraph, the titles published must be by at least 3 different authors, in the case of titles under subparagraphs a and c, and by at least 2 different authors, in the case of titles under subparagraph b.

R.R.Q., 1981, c. D-8.1, r. 3, s. 2; O.C. 2798-84, s. 1; O.C. 351-98, s. 2.