A-20.03 - Act respecting reserved designations and added-value claims

À jour au 31 décembre 2007

Ce document a valeur officielle.

chapter A-20.03

Act respecting reserved designations and added-value claims

CHAPTER II CONSEIL DES APPELLATIONS RÉSERVÉES ET DES TERMES VALORISANTS

7. A reserved designations and added-value claims board (“the Board”) is established under the name “Conseil des appellations réservées et des termes valorisants”.

The Board is a legal person.

The Board is deemed a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) for the sole purpose of making the Board subject to that Act.

2006, c. 4, s. 7.

8. The Board has its head office in the city of Québec. It may hold its meetings anywhere in Québec.

2006, c. 4, s. 8.

9. The mission of the Board is

(1)  to accredit bodies that comply with the applicable accreditation manual as certification bodies;

(2)  to advise the Minister on the recognition of reserved designations;

Not in force

(3)  to advise the Minister on the authorization of added-value claims and issue advisory opinions on the special characteristics of products that may qualify for those claims;

Not in force

(4)  to hold consultations, particularly prior to recommending the recognition of a reserved designation or the authorization of an added-value claim and prior to issuing advisory opinions on the special characteristics of products that may qualify for those claims; and

(5)  to monitor the use of recognized reserved designations and authorized added-value claims.

2006, c. 4, s. 9.

Paragraph 5 of section 9 has been in force since 31 December 2007 to the extent that it concerns reserved designations; Order in Council 1124-2007 dated 12 December 2007; (2007) 139 G.O. 2, 4005.

12. The Board is composed of nine members, including a chair and executive director.

The Government appoints two members, including the chair and executive director. The Conseil de promotion de l’agroalimentaire québécois incorporated by letters patent issued under Part III of the Companies Act (chapter C-38) appoints a member from each of the following groups:

(1)  producers;

(2)  processors;

(3)  distributors;

(4)  retailers;

(5)  certification bodies;

(6)  consumers; and

(7)  producers of products that contain alcohol.

The Conseil de promotion de l’agroalimentaire québécois chooses each of these seven members from among the candidates proposed by the representative associations for the group concerned; those associations collectively propose three to five candidates.

If the Conseil de promotion de l’agroalimentaire québécois fails to make those appointments, the Minister designates another legal person with similar activities.

2006, c. 4, s. 12.

13. The members of the Board are appointed for a term not exceeding three years in such a manner that two positions on the Board become vacant each year. On the expiry of their term, the members remain in office until replaced or reappointed.

2006, c. 4, s. 13.

14. A member of the Board may resign by sending a written notice of resignation to the Minister.

2006, c. 4, s. 14.

16. The chair and executive director is responsible for the administration and general management of the Board. The position of chair and executive director is a full-time position.

The chair and executive director calls and presides at meetings of the Board and sees to the proper conduct of business. The chair and executive director, if absent or unable to act, is replaced by the member designated by the chair and executive director. If that member or another member is absent or unable to act, the Government may appoint a replacement.

2006, c. 4, s. 16.

17. The chair and executive director is entitled to remuneration and employment benefits in accordance with the standards and scales set by the Government.

The other members of the board of directors receive no remuneration. They are entitled, however, to the reimbursement of expenses incurred in the exercise of their functions on the conditions and to the extent determined by the internal by-laws.

2006, c. 4, s. 17.

18. The Board may appoint a secretary and hire the personnel it requires to carry out its functions.

The secretary of the Board and the other members of its personnel are appointed in accordance with the staffing plan established by by-law of the Board.

The Board determines the standards and scales of remuneration, employment benefits and other conditions of employment of the members of its personnel by by-law, subject to the provisions of a collective agreement.

2006, c. 4, s. 18.

19. The quorum at meetings of the Board is the majority of its members, including the chair and executive director or the person replacing the chair and executive director.

Decisions of the Board are made by a majority vote of the members present. In the case of a tie vote, the person presiding at the meeting has a casting vote.

2006, c. 4, s. 19.

20. No member of the Board may have a direct or indirect interest in a certification body.

A member who has a direct or indirect interest in an enterprise causing the member’s personal interest to conflict with the interest of the Board must, on pain of forfeiture of office, disclose the interest in writing and abstain from participating in any decision involving the enterprise.

2006, c. 4, s. 20.

21. The members of the Board may waive notice of a meeting. Attendance at a meeting constitutes a waiver of notice, unless the members are present for the sole purpose of contesting the legality of the meeting.

2006, c. 4, s. 21.

22. The members of the Board may, in the cases and on the conditions specified in the internal by-laws, take part in a meeting of the Board from separate locations by means of equipment allowing all of them to communicate directly with one another.

2006, c. 4, s. 22.

23. The minutes of the meetings of the Board, approved by the Board and certified by the chair and executive director or the secretary, are authentic. The same applies to documents and copies of documents emanating from the Board or forming part of its records, if they are so certified.

2006, c. 4, s. 23.

24. An intelligible transcription of a decision or other data stored by any technological means is a document of the Board and is evidence of its contents if it is certified by a person referred to in section 23.

2006, c. 4, s. 24.

25. A deed, document or writing is binding on and may be attributed to the Board only if it is signed by the chair and executive director or the secretary.

2006, c. 4, s. 25.

26. The internal by-laws of the Board may, subject to specified conditions, allow a signature to be affixed by means of an automatic device or a facsimile of a signature to be engraved, lithographed or printed on specified documents. However, the facsimile has the same force as the signature itself only if the document is countersigned by a person referred to in section 23.

2006, c. 4, s. 26.

27. If the secretary or a member of the personnel of the Board has a direct or indirect interest in an enterprise causing that person’s personal interest to conflict with the interest of the Board, the person must, on pain of dismissal, disclose the interest in writing to the chair and executive director.

2006, c. 4, s. 27.

28. No judicial proceedings may be brought against a member, the secretary or the personnel of the Board for an act done in good faith in the exercise of their functions.

2006, c. 4, s. 28.

29. Any personal or other information held by the Board for the purposes of this Act and required for the purposes of section 4 of the Food Products Act (chapter P-29) or a regulation under paragraph e, h or m of section 40 of that Act must be sent to the Minister.

2006, c. 4, s. 29; 2006, c. 22, s. 175.

CHAPTER V POWERS OF THE GOVERNMENT AND THE MINISTER

DIVISION I REGULATORY POWERS

58. The Government may, by regulation, make any provision necessary for the carrying out of this Act.

2006, c. 4, s. 58.

CHAPTER VII MISCELLANEOUS PROVISIONS

DIVISION I FUNDING OF THE BOARD

71. The activities of the Board are self-funded by the contributions collected by the Board under this Act.

Despite the first paragraph, the Minister may contribute to the funding of the activities of the Board, up to the amounts specified by the Government.

2006, c. 4, s. 71.

DIVISION II TRANSITIONAL AND FINAL PROVISIONS

74. The Conseil d’accréditation du Québec incorporated by letters patent issued on 16 July 1998 under Part III of the Companies Act (chapter C-38) is dissolved on 31 December 2007 and its rights and obligations are assumed by the Board established under section 7 of this Act.

2006, c. 4, s. 74.

79. The Minister of Agriculture, Fisheries and Food is responsible for the administration of this Act.

2006, c. 4, s. 79.

80. (Omitted).

2006, c. 4, s. 80.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 4 of the statutes of 2006, in force on 1 January 2007, is repealed, except section 80, effective from the coming into force of chapter A-20.03 of the Revised Statutes.