O-5.01 - Act respecting the Office franco-québécois pour la jeunesse

Schedule Disposition versions

2006-08-01

SCHEDULE

(Repealed).

1968, c. 7, Schedule; 1977, c. 5, s. 14; Order in Council 698-86 dated 21 May 1986, (1986) 118 G.O. 2 (French), 1789; Order in Council 1264-2000 dated 25 October 2000, (2000) 132 G.O. 2, 5267; Order in Council 1201-2003 dated 19 November 2003, (2003) 135 G.O. 2, 3394; 2006, c. 18, s. 15.

2003-11-19

SCHEDULE

(Section 1)

(translation)

PROTOCOL

BETWEEN

THE GOVERNMENT OF QUÉBEC

AND

THE GOVERNMENT OF THE FRENCH REPUBLIC

CONCERNING

THE OFFICE FRANCO-QUÉBÉCOIS POUR LA

JEUNESSE

TITLE I

DENOMINATION AND OBJECT

ARTICLE 1

The Office franco-québécois pour la jeunesse, constituted under the Protocol concerning exchanges between Québec and France in matters of physical education, sports and popular education made pursuant to the Franco-Québec agreement of the 27th February 1965 on a program of exchange and cooperation in the field of education, signed on 9 February 1968, is governed by this Protocol.

The action of the Office is part of Franco-Québec cooperation. The mission of the Office is to develop relations between the youth of Québec and the youth of France, and for such purpose, to bring about, encourage and promote meetings and exchanges between groups of young people. It may also initiate Franco-Québec cooperative activities involving other countries and international organizations.

The Office shall have juridical personality and shall enjoy autonomy in its management and administration in Québec and in France.

TITLE II

MEANS OF ACTION

ARTICLE 2

The Office shall be composed of two sections, a Québec section and a French section, each with a separate fund. Each section shall receive government subsidies determined by each of the governments to finance the activities approved by the board of directors. Subject to the budgetary rules applicable and according to the terms and conditions determined by both governments, the appropriations necessary for the activities of the Office shall be paid into those funds each year. The Office is empowered to receive any other funds and in particular payments that may be made by beneficiaries of the activities organized by it.

ARTICLE 3

The participation of the Office shall usually take the form of cash grants – and, exceptionally, grants in kind – to legal persons established for a public or private interest. It may also grant bursaries within the framework of programs established by it. It may also itself carry on cooperative and exchange activities and, in exceptional cases, establish and maintain installations for such purpose.

It may play an advisory and supportive role with individuals and groups.

Lastly, it provides the services necessary for the proper conduct of activities.

TITLE III

BOARD OF DIRECTORS

ARTICLE 4

The Office shall be administered by a board of directors composed of 8 Québec members and 8 French members designated respectively by the Government of Québec and the Government of the French Republic.

Each of the parties shall appoint 4 members representing the government departments or bodies concerned and 4 other members from among qualified persons.

Each of the parties shall also designate 4 deputy members. Where a member is unable to attend a sitting of the board of directors, a deputy member may replace the absent member and in such case the deputy member is deemed to be a member of the board.

The term of office of the members shall be 4 years. They may be removed for serious cause, on the advice of the board of directors, by the government which appointed them. The members of the board of directors shall serve gratuitously; they shall be indemnified for their travelling and mission-related expenses.

ARTICLE 5

The board of directors shall hold its sittings in the presence of the minister designated by the Government of Québec and the minister designated by the Government of the French Republic, or their representatives.

The board of directors shall sit alternately in Québec, under the chairship of the minister designated by the Government of Québec or his or her representative, and in France, under the chairship of the French minister or his or her representative.

ARTICLE 6

The board of directors shall meet at least once each year, and also whenever the minister designated by the Government of Québec and the minister designated by the Government of the French Republic are both of the opinion that a meeting is necessary.

ARTICLE 7

The board of directors is vested with the powers necessary for the carrying out of the Office’s mission as defined in Article 1 of this Protocol.

The board of directors shall:

—define the general orientations of the Office, as well as the resulting annual program and activities, and shall ensure, within that framework, that a significant number of actions involving both sections are taken;

—take all necessary measures for the proper functioning of the Office;

—approve the budget of the Office;

—prepare the financial regulations and ensure that they are complied with;

—approve the annual management report of both secretaries general, the activity report and any report it has requested;

—appoint, with the agreement of each government, a public auditor from Québec and a French auditor to examine together each year, according to the rules of the Office, the use made of the appropriations and to report thereon to the board of directors;

—after hearing the Québec public auditor and the French auditor and any subsequent observations of the secretaries general, discharge the secretaries general of liability respecting their management during the fiscal year in question;

—submit to both governments the budgetary estimates of the Office and a plan of activities for the period it considers appropriate;

—propose to both governments any amendment to this Protocol it considers appropriate.

ARTICLE 8

The quorum required for the validity of deliberations of the board of directors shall be 2/3 of the members. Failing such quorum, the co-chairs shall call another meeting of the board within 30 days; the board shall then deliberate whether or not there is a quorum.

Decisions shall be made by a majority of 3/4 of the members present.

ARTICLE 9

The secretaries general, one a Québecer and the other French, shall jointly constitute the executive arm of the board of directors of the Office. They shall be appointed for a term of 4 years with the agreement of each government.

ARTICLE 10

The secretaries general shall represent the Office. They shall prepare the meetings of the board of directors and submit to it all reports referred to in section 7, the draft budget, the annual program of the activities selected within the scope of the orientations defined for the Office and an estimate of the number of participants per program. The Québec secretary general and the French secretary general shall direct, supervise and coordinate the activities of their respective section, one being located in Québec, the other in France. The secretaries general are responsible for the functioning of their section.

TITLE IV

SPECIAL PROVISIONS

ARTICLE 11

Each section of the Office is responsible for the rules applicable to its personnel in compliance with the laws in force in the territory of each party.

ARTICLE 12

An internal by-law made by the board of directors shall determine, so far as necessary, the terms and conditions for implementing this Protocol.

ARTICLE 13

The two governments may make any amendment to this Protocol, on their own initiative or as proposed by the board of directors.

ARTICLE 14

This Protocol comes into force upon its signing.

ARTICLE 15

This Protocol replaces the protocol signed on 9 February 1968 and the amendments made to it on 17 April 1969, 20 February 1986 and 21 January 2000.

Given at Québec, this 23rd day of May 2003, in duplicate.

For the Government of

Québec:

MONIQUE GAGNON-TREMBLAY,

Deputy Premier and Minister

of International Relations and

La Francophonie

For the Government of the

French Republic:

PIERRE-ANDRÉ WILTZER,

Minister for Cooperation

and La Francophonie

1968, c. 7, Schedule; 1977, c. 5, s. 14; Order in Council 698-86 dated 21 May 1986, (1986) 118 G.O. 2 (French), 1789; Order in Council 1264-2000 dated 25 October 2000, (2000) 132 G.O. 2, 5267; Order in Council 1201-2003 dated 19 November 2003, (2003) 135 G.O. 2, 3394.

1999-04-01

SCHEDULE

(Section 1)

(translation)

Protocol concerning exchanges between Québec and France in matters of physical education, sports and popular education made pursuant to the Franco-Québec agreement of the 27th February 1965 on a program of exchange and co-operation in the field of education.

TITLE I

Denomination and object

Article 1: A body called Office Franco-Québécois pour la Jeunesse is constituted within the framework of the Agreement of the 27th February 1965 and in accordance with the Preamble thereto

Article 2: The object of the Office is to develop relations between the youth of Québec and that of France, and for such purpose, to bring about, encourage and promote meetings and exchanges between groups of young people and also between authorities in the field of youthful activities, recreation and sports.

Article 3: The Office shall have juridical personality and shall enjoy in Québec and in France autonomy in its management and administration.

TITLE II

Means of action

Article 4: The Office shall have a common Franco-Québec fund. Subject to the budgetary regulations applicable by each of the parties, the appropriations necessary to the activities of the Office shall be paid into the fund each year, in equal amounts, after study of the budgetary proposals prepared by the Board of Directors. The Office is empowered to receive any other funds and in particular payments that may be made by beneficiaries of the activities organized by it.

Article 5: The participation of the Office shall usually take the form of cash grants — and, exceptionally, grants in kind  — to public bodies or private groups.

It may also grant bursaries within the framework of programs established by it.

It may also itself carry on co-operative and exchange activities and, in exceptional cases, establish and maintain installations for such purpose.

TITLE III

Board of Directors

Article 6: The Office shall be administered by a Board of Directors composed of 8 Québec members and 8 French members designated respectively by the Gouvernement du Québec and by the Government of the French Republic.

Each of the parties shall appoint 5 members representing the Government departments concerned and 3 others who shall be qualified persons.

For each member, a deputy shall be designated. The term of office of the members and of the deputy members shall be 4 years. Such members may be removed for serious cause, on the advice of the Board of Directors, by the Government which appointed them. The members of the Board of Directors shall serve gratuitously; they shall be indemnified for their travelling and entertainment expenses and the cost of attending meetings.

Article 7: The Board of Directors shall hold its sittings in the presence and under the chairmanship of the person designated by the Gouvernement du Québec and of the Minister in charge of Youth and Sports of the Government of the French Republic or of their representatives.

The Board of Directors shall sit alternately in Québec, under the chairmanship of the person designated by the Gouvernement du Québec or his representative, and in France, under the chairmanship of the French Minister or his representative.

Article 8: The Board of Directors shall meet at least once each year, and also whenever the person designated by the Gouvernement du Québec and the Minister in charge of Youth and Sports of the Government of the French Republic are both of the opinion that a meeting is necessary.

Article 9: The Board of Directors shall have the powers necessary for the accomplishment of the purpose of the Office as defined in article 2 of this protocol.

The Board shall:

— establish the program of activities of the Office and give directives for its implementation

— take all necessary measures for the proper functioning of the Office

— vote the budget of the Office

— prepare the financial arrangements to ensure the proper management of appropriations

— approve the annual report of the Secretary General

— examine the reports of subsidized organizations regarding their activities and the use of the funds they receive

— appoint, in agreement with each of the two Governments, a public auditor from Québec and a French auditor to examine together each year, according to the rules of the Office, the use made of the appropriations and to report thereon to the Board

— after hearing the Québec public auditor and the French auditor and any subsequent observations of the Secretary General, discharge the Secretary General of liability respecting his management during the fiscal year in question

Article 10: The quorum required for the validity of deliberations of the Board of Directors shall be 2/3 of the members. Failing such quorum, the Chairman shall call another meeting of the Board within a delay of 30 days; the Board shall then deliberate whether or not there is a quorum; decisions shall be taken by a majority of 3/4 of the members present.

Article 11: The Secretary General, assisted by a joint Secretary General, one a Quebecer and the other French, both appointed for a term of 3 years by agreement of the two Governments, shall constitute the executive arm of the Board of Directors.

Article 12: The Secretary General shall represent the Office. He shall prepare for the meetings of the Board of Directors and submit to it all reports and a draft budget; he shall appoint the heads of sections contemplated in article 13 and direct, supervise and co-ordinate their activities.

He shall give them all general instructions necessary for the carrying out of the decisions of the Board and see to the proper management of the budget.

The joint Secretary General shall assist the Secretary General in all his duties and replace him when he is absent or unable to act. Both of them shall attend the meetings of the Board of Directors, being present in an advisory capacity.

Article 13: Two sections are established, one having its seat at Québec and the other at Paris. Each shall be headed by a section head appointed for 4 years by the Secretary General.

Article 14: Each section head shall be responsible for the functioning of his section. The task of the section heads shall consist in carrying out the programs decided upon by the Board of Directors, in accordance with instructions given to them by the Secretary General. The Secretary General may delegate to them the right to appear before the Courts, make contracts and acquire and dispose of immovable property.

TITLE V

Special provisions

Article 15: An internal regulation, made by the Board of Directors, shall determine, so far as necessary the methods and conditions for implementing this protocol; decisions respecting the situation of personnel shall be prepared in agreement with the competent authorities of both parties.

Article 16: The two Governments may make any amendment to this protocol, on their own initiative or upon the proposal of the Board of Directors.

Article 17: This protocol shall come into force upon the signature thereof.

Given at Paris, the 9th of February 1968

For the Gouvernement du Québec

JEAN-MARIE MORIN

For the Government

of the French Republic

FRANÇOIS MISSOFFE

Minister of Youth and Sports

1968, c. 7, Schedule; 1977, c. 5, s. 14.