C-33.1 - Act respecting the national capital commission

À jour au 1^er avril 2021

Ce document a valeur officielle.

chapter C-33.1

Act respecting the national capital commission

WHEREAS the city of Québec is the national capital of Québec;

Whereas the status of national capital has major impacts that extend beyond the territory of the city of Québec;

Whereas the institutions, sites and monuments of the national capital bear witness to the political history of Québec;

Whereas the national capital must be planned, developed and enhanced in keeping with its function as the seat of State institutions, in a manner consistent with its historic and patrimonial vocation;

Whereas it is necessary to establish a body responsible for promoting and supporting the city of Québec in its role as the national capital and for ensuring, in the manner provided by law, that the functions arising from its status are recognized;

THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS:

CHAPTER I ESTABLISHMENT AND ORGANIZATION

1. A commission to be called the “Commission de la capitale nationale du Québec” is hereby established.

1995, c. 44, s. 1.

2. The Commission is a legal person.

1995, c. 44, s. 2.

3. The Commission is a mandatary of the State.

The property of the Commission forms part of the domain of the State, but the performance of its obligations may be levied against its property.

The Commission binds none but itself when it acts in its own name.

1995, c. 44, s. 3; 1999, c. 40, s. 64.

4. The head office of the Commission shall be situated in the national capital, at the location it determines. Notice of the location of the head office of the Commission, and of any change of location, shall be published in the Gazette officielle du Québec.

1995, c. 44, s. 4.

5. The affairs of the Commission shall be administered by a board of directors of 13 members appointed by the Government, including a chairman. Two members shall be appointed on the recommendation of Ville de Québec; one member shall be appointed on the recommendation of the Huron-Wendat Nation.

Among the members of the board of directors other than the chairman, at least three must reside in the territory of Ville de Québec and at least one must reside in the territory of Ville de Lévis.

1995, c. 44, s. 5; 2000, c. 56, s. 128; 2016, c. 31, s. 36.

6. The term of office of the members of the board of directors shall not exceed three years, except that of the chairman which shall not exceed five years.

On the expiry of their term, board members shall remain in office, for a maximum period of six months, until reappointed or replaced.

1995, c. 44, s. 6; 2001, c. 67, s. 1.

7. The Government shall determine the remuneration, social benefits and other conditions of employment of the chairman.

The other members of the board of directors shall receive no remuneration, except in such cases, on such conditions and to such extent as may be determined by the Government. They shall, however, be entitled to the reimbursement of expenses incurred in the performance of their duties, on the conditions and to the extent determined by the Government.

1995, c. 44, s. 7.

8. The chairman shall preside at meetings of the board of directors. The office of chairman shall carry with it that of director general, and, in the latter capacity, the chairman shall be responsible for the management of the Commission within the scope of its by-laws and policies.

The office of chairman and director general is a full-time office.

1995, c. 44, s. 8.

9. The Government shall designate a member of the board of directors to act as chairman of the board when the chairman is absent or unable to act.

1995, c. 44, s. 9.

10. The quorum at meetings of the board of directors is constituted of a majority of its members, including the chairman of the board.

1995, c. 44, s. 10.

11. Any member of the board of directors, other than the chairman, who has a direct or indirect interest in any enterprise that places that person’s interest and that of the Commission in conflict must, on pain of forfeiture of office, disclose the situation in writing to the chairman and refrain from taking part in any debate or decision bearing on the enterprise in which the interest is held, and in any part of a meeting of the board of directors during which the interest is being discussed.

The chairman and employees of the Commission may not, on pain of forfeiture of office, have any direct or indirect interest in an enterprise that places their personal interest and that of the Commission in conflict. However, forfeiture is not incurred if the interest devolves to them by succession or gift, provided it is renounced or disposed of with diligence.

1995, c. 44, s. 11.

12. The Commission may make by-laws to provide for its internal management.

Such by-laws may, in particular,

(1)  establish an executive committee composed of members of the board of directors, including the chairman, determine its functions and powers and fix the term of office of its members;

(2)  form such advisory committees as the Commission considers necessary for the exercise of its functions and fix the remuneration and compensation of the members of an advisory committee who are not members of the board of directors and the other conditions relating to their appointment.

1995, c. 44, s. 12.

13. The members of the personnel of the Commission shall be appointed in accordance with the staffing plan and standards established by by-law of the Commission. Subject to the provisions of a collective agreement, the Commission shall determine, by by-law, the standards and scales of remuneration, employee benefits and other conditions of employment of the members of its personnel in accordance with the conditions defined by the Government.

1995, c. 44, s. 13; 2000, c. 8, s. 113.

CHAPTER II OBJECTS AND POWERS

14. The Commission shall see to the planning and development of the capital so as to ensure the enhancement of its attributes as a centre of political and administrative governance and as a national symbol of assembly for all the citizens of Québec. It shall also see to promotion of the capital.

To that end, the Commission may, in the territory of the Communauté métropolitaine de Québec, in particular,

(1)  contribute to the planning of and improvement to the major buildings and equipment which characterize a capital;

(2)  establish squares, parks and gardens and promenades and erect monuments and works of art;

(3)  support the improvement of the quality of architecture and the landscape;

(4)  support the preservation, improvement and accessibility of squares, parks and gardens, promenades and public thoroughfares, and of historic sites, works, monuments and property enhancing or giving prestige to the capital;

(5)  support work designed to improve access to the capital.

The Commission shall also see to the maintenance and enhancement of the burial sites of Québec Prime Ministers, whether or not the sites are situated in the territory of the Communauté métropolitaine de Québec.

The Commission may, by way of exception, with the authorization of the Government and where special circumstances so warrant, plan historic sites, monuments and property contributing to the prestige of the capital outside the territory of the Communauté métropolitaine de Québec.

1995, c. 44, s. 14; 2001, c. 67, s. 2; 2011, c. 21, s. 226.

14.1. The Commission shall support the organization and promotion of historical, cultural and social activities and events conducive to enhancing the capital.

2001, c. 67, s. 2.

15. The Commission shall advise the Government on

(1)  the location of government offices and departments or other government bodies and their employees;

(2)  the construction, preservation, planning and development of buildings housing government offices and departments or other government bodies in the territory of the Communauté métropolitaine de Québec;

(3)  the layout, in the territory of the Communauté métropolitaine de Québec, of transport and communications infrastructures providing access to the capital, the designation of ceremonial routes, the location of diplomatic missions and international organizations, and the conditions applicable to international presence.

The Commission shall also advise the National Assembly on the construction, preservation and planning of its buildings.

For the purposes of this Act, a government body means a body referred to in subparagraph 1 or 2 of the first paragraph of section 4 of the Auditor General Act (chapter V-5.01) or, where at least half of its operating expenses are borne directly or indirectly by the Consolidated Revenue Fund or by other funds administered by a public body, or by both at the same time, in subparagraph 3 of the first paragraph of that section 4.

1995, c. 44, s. 15; 2001, c. 67, s. 3; 2013, c. 16, s. 94.

15.1. The Commission shall advise the Government on the planning and development of the territory of the Communauté métropolitaine de Québec and of the territory of local municipalities and regional county municipalities forming part of the Communauté métropolitaine de Québec.

2001, c. 67, s. 4.

16. The Commission may, in particular, in the pursuit of its objects,

(1)  acquire any movable or immovable property by agreement or, with the authorization of the Government, by expropriation;

(2)  construct, lease, maintain and operate buildings, squares, parks, parkways and other works;

(3)  sell or otherwise alienate or lease its property, or grant real rights in its property or use it as security;

(4)  make agreements or participate in joint projects with any person;

(5)  solicit and receive gifts, bequests, subsidies and other contributions, provided that any attached conditions are consistent with the pursuit of its objects;

(6)   provide financial support to a municipality or a non-profit organization for any of the purposes referred to in the second paragraph of section 14 or in the third paragraph of that section where the Government has granted its authorization as well as within the scope of an information program on the capital;

(7)  carry out studies, research and inquiries.

Every municipality and every body referred to in section 18 of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3) has the power to make agreements and participate in joint projects under subparagraph 4 of the first paragraph.

1995, c. 44, s. 16; 2001, c. 67, s. 5.

17. The Commission may, according to law, enter into an agreement with a government in Canada or elsewhere, with a department or body of such a government, with an international organization or with a body of such an organization.

1995, c. 44, s. 17.

18. The Act respecting duties on transfers of immovables (chapter D-15.1) does not apply to a transfer, in the Commission’s favour, of property belonging to the State or a government body.

1995, c. 44, s. 18.

19. Government departments and bodies, municipalities and bodies referred to in section 18 of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3) must, on request, provide the Commission with information on their personnel and their requirements in terms of space and premises in the capital and the surrounding area.

1995, c. 44, s. 19.

CHAPTER III FINANCIAL PROVISIONS, DOCUMENTS AND REPORTS

20. The fiscal year of the Commission ends on 31 March.

1995, c. 44, s. 20.

21. The Government may, on the conditions and according to the terms and conditions it determines,

(1)  guarantee the payment in capital and interest of any loan contracted by the Commission and the performance of its other obligations;

(2)  authorize the Minister of Finance to advance to the Commission any amount considered necessary for the pursuit of its objects;

(3)  grant a subsidy to the Commission to provide for its obligations.

1995, c. 44, s. 21.

22. The amounts received by the Commission must be applied to the payment of its obligations. The remainder shall be paid into a fund the use of which is authorized by the Government.

1995, c. 44, s. 22.

23. (Repealed).

1995, c. 44, s. 23; 2020, c. 5, s. 114.

24. No act, document or writing shall bind the Commission unless it is signed by the chairman or, to the extent determined by by-law of the Commission, by a member of its personnel.

The Commission may allow, subject to the conditions and on the documents it determines, that a signature be affixed by means of an automatic device or that a facsimile of a signature be engraved, lithographed or printed. However, the facsimile shall have the same force as the signature itself only if the document is countersigned by a person authorized by the chairman.

1995, c. 44, s. 24.

25. The minutes of the meetings of the board of directors, approved by the board and certified by the chairman or by any other person so authorized by the Commission, are authentic, as are documents and copies emanating from the Commission or forming part of its records if signed or certified by such a person.

1995, c. 44, s. 25.

26. The Commission must submit to the Minister, not later than 30 September each year, its financial statements, a report on its activities for the preceding fiscal year and the development plan that it intends to implement during the three subsequent fiscal years, divided into annual phases.

The financial statements, the report of activities and the development plan must contain all the information required by the Minister.

The opinions given by the Commission under sections 15 and 15.1 shall be published in the report of activities or through any other means capable of providing access to the opinions of the Commission.

1995, c. 44, s. 26; 2001, c. 67, s. 7.

27. The Minister shall table the financial statements, the report of activities and the development plan before the National Assembly within thirty days of receiving them if it is in session or, if it is not sitting, within thirty days of resumption.

The appropriate parliamentary committee of the National Assembly shall, at least once a year, hear the Minister or the chairman with regard to the documents mentioned in the first paragraph.

1995, c. 44, s. 27.

28. The Commission must, in addition, provide the Minister with any information concerning its activities that the Minister requests.

1995, c. 44, s. 28.

29. The books and accounts of the Commission shall be audited by the Auditor General each year and whenever so ordered by the Government.

The auditor’s report must accompany the report of activities and the financial statements of the Commission.

1995, c. 44, s. 29.

CHAPTER III.1 REGULATORY AND PENAL PROVISIONS

2001, c. 67, s. 6.

29.1. The Government may, with respect to the property owned or managed by the Commission, make a regulation to

(1)  maintain peace and order and preserve personal safety;

(2)  regulate traffic and parking;

(3)  determine the activities that may not take place on the Commission’s property.

The regulation may determine provisions the violation of which constitutes an offence, and fix the amount of the relevant fine.

2001, c. 67, s. 6.

29.2. The Commission may enter into an agreement with a municipality regarding the application of the regulation made under section 29.1.

2001, c. 67, s. 6.

29.3. The municipality with which the Commission has entered into an agreement may institute penal proceedings for an offence provided for in the regulation made under section 29.1.

2001, c. 67, s. 6.

CHAPTER IV MISCELLANEOUS AND FINAL PROVISIONS

30. Every employee of the Commission who, upon being appointed to the Commission, was a public servant with permanent tenure may apply for a transfer to a position in the public service or enter a promotion-only qualification process for such a position in accordance with the Public Service Act (chapter F-3.1.1).

Section 35 of the said Act applies to any employee referred to in the first paragraph who enters a promotion-only qualification process for a position in the public service.

1995, c. 44, s. 30; 2013, c. 25, s. 34.

31. Every employee referred to in section 30 who applies for a transfer or enters a promotion-only qualification process may require the chairman of the Conseil du trésor to give him an assessment of the classification that would be assigned to him in the public service. The assessment must take account of the classification that the employee had in the public service on the date on which he ceased to be a public servant, as well as the years of experience and the formal training acquired in the course of his employment with the Commission.

If the employee is transferred, the deputy minister or chief executive officer shall assign to him a classification compatible with the assessment provided for in the first paragraph.

Where an employee is promoted, his classification must take account of the criteria set out in the first paragraph.

1995, c. 44, s. 31; 1996, c. 35, s. 19; 2013, c. 25, s. 34.

32. Where some or all of the activities of the Commission are discontinued or if there is a shortage of work, an employee referred to in section 30 is entitled to be placed on reserve in the public service with the classification he had on the date on which he ceased to be a public servant.

In such a case, the chairman of the Conseil du trésor shall, where applicable, establish his classification taking account of the criteria set out in the first paragraph of section 31.

1995, c. 44, s. 32; 1996, c. 35, s. 19.

33. An employee placed on reserve pursuant to section 32 shall remain with the Commission until the chairman of the Conseil du trésor is able to assign him a position.

1995, c. 44, s. 33; 1996, c. 35, s. 19.

34. Subject to the recourses available under a collective agreement, an employee referred to in section 30 who is dismissed may bring an appeal under section 33 of the Public Service Act (chapter F-3.1.1).

1995, c. 44, s. 34.

35. (Repealed).

1995, c. 44, s. 35; 2001, c. 67, s. 8.

36. The Prime Minister or any other minister designated by the Government is responsible for the administration of this Act.

1995, c. 44, s. 36.

The Minister responsible for the Capitale-Nationale region is responsible for the administration of this Act. Order in Council 1665-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6525.

37. (Omitted).

1995, c. 44, s. 37.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 44 of the statutes of 1995, in force on 1 March 1996, is repealed, except section 37, effective from the coming into force of chapter C-33.1 of the Revised Statutes.