D-2 - Act respecting collective agreement decrees

Section 26.2 Disposition versions

1996-12-23

26.2. The Minister may, after being made aware of facts revealed upon ascertaining compliance with this Act and after giving the members of the committee concerned an opportunity to present observations in writing concerning such facts within 15 days of receipt of a notice of the Minister to that effect, suspend, as of the date determined by the Minister and for a period not exceeding 120 days, the powers of the committee members and appoint provisional administrators to exercise those powers during the period of suspension, if such facts give him reason to believe

(1)  that the committee has failed to comply with the Minister’s order under section 26.1 or to fulfil its voluntary undertaking thereunder;

(2)  that the committee members are remiss in the performance of the obligations imposed by the Civil Code on administrators of legal persons or in the performance of their obligations under this Act, a regulation thereunder or a decree;

(3)  that a serious fault, such as embezzlement or breach of trust, has been committed by one or more members or officers of the committee;

(4)  that one or more members or officers of the committee have transgressed the rules of sound management applicable to the directors of a legal person; or

(5)  that practices incompatible with the objects of the committee have been engaged in by the committee.

The Minister may make a decision even before the conclusion of a verification or inquiry under section 25.1 or 26.

The decision of the Minister, giving reasons, shall be forwarded with dispatch to the members of the committee. A notice of the decision shall also be published in the Gazette officielle du Québec.

1996, c. 71, s. 24.