S-13 - Act respecting the Société des alcools du Québec

Section 23.16 Disposition versions

2022-06-03

23.16. The Act respecting the governance of state-owned enterprises (chapter G-1.02), except Chapter VII, applies to the Subsidiary, subject to the following:

(1)  in section 3 of that Act,

(a)  the word “Minister” defined in that section must be understood to mean the Société, except in section 34;

(b)  the word “enterprise” defined in that section must be understood to mean the Subsidiary, and

(c)  the word “officer” defined in that section must be understood to mean the president and chief executive officer of the Subsidiary or any person with management responsibilities who reports directly to the president and chief executive officer;

(2)  for the purposes of sections 3.1, 3.2 and 3.3, the first paragraph of section 4 and sections 14 and 35 of that Act, a reference to the Government is a reference to the Société;

(3)  in addition to the cases referred to in the third paragraph of section 4 of that Act, a director is deemed not to be independent if the director is or has been, within the three years preceding the date of the director’s appointment, employed by the Société or any of its wholly-owned subsidiaries;

(4)  for the purposes of section 5 of that Act, the Société replaces the Government for the examination of situations within the scope of the policy the Government may adopt;

(5)  paragraphs 4 and 14 of section 15 and subparagraph 2 of the first paragraph of section 22 of that Act do not apply to the Société with respect to the Subsidiary;

(6)  paragraph 15 of section 15 of that Act applies to the Subsidiary as if it had been mentioned in it; and

(7)  for the purposes of section 34 of that Act, the Subsidiary’s strategic plan is to be established according to the form, content and timetable applicable to the Société’s strategic plan.

2018, c. 19, s. 6; 2022, c. 19, s. 356.

2018-06-12

23.16. The Act respecting the governance of state-owned enterprises (chapter G-1.02), except Chapter VII, applies to the Subsidiary, subject to the following:

(1)  in section 3 of that Act,

(a)  the word “Minister” defined in that section must be understood to mean the Société, except in section 34;

(b)  the word “enterprise” defined in that section must be understood to mean the Subsidiary, and

(c)  the word “officer” defined in that section must be understood to mean the president and chief executive officer of the Subsidiary or any person with management responsibilities who reports directly to the president and chief executive officer;

(2)  for the purposes of the first paragraph of section 4 and sections 14 and 35 of that Act, a reference to the Government is a reference to the Société;

(3)  in addition to the cases referred to in the third paragraph of section 4 of that Act, a director is deemed not to be independent if the director is or has been, within the three years preceding the date of the director’s appointment, employed by the Société or any of its wholly-owned subsidiaries;

(4)  for the purposes of section 5 of that Act, the Société replaces the Government for the examination of situations within the scope of the policy the Government may adopt;

(5)  paragraphs 4 and 14 of section 15 and subparagraph 2 of the first paragraph of section 22 of that Act do not apply to the Société with respect to the Subsidiary;

(6)  paragraph 15 of section 15 of that Act applies to the Subsidiary as if it had been mentioned in it; and

(7)  for the purposes of section 34 of that Act, the Subsidiary’s strategic plan is to be established according to the form, content and timetable applicable to the Société’s strategic plan.

2018, c. 19, s. 6.