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Décisions des tribunaux
C-34
- Act respecting the Commission des affaires sociales
Table des matières
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Abrogée le 1
er
avril 1998
Ce document a valeur officielle.
chapter
C-34
Act respecting the Commission des affaires sociales
COMMISSION DES AFFAIRES SOCIALES
06
June
19
1997
04
April
01
1
1998
Repealed, 1997, c. 43, s. 184.
1997, c. 43, s. 184
.
DIVISION
I
CONSTITUTION OF THE COMMISSION
1
.
A body, hereinafter called “the Commission”, is established under the name of the “Commission des affaires sociales”.
1974, c. 39, s. 1; 1977, c. 5, s. 14
.
2
.
The Commission has its corporate seat in the territory of the Communauté urbaine de Québec; it may however transfer it outside that territory with the approval of the Government; such a change shall come into force upon publication of a notice to that effect in the
Gazette officielle du Québec.
The Commission may hold its sittings at any place in Québec.
1974, c. 39, s. 2; 1977, c. 5, s. 14
;
1996, c. 2, s. 461
.
3
.
The Commission shall consist of members appointed for a term not exceeding ten years by the Government, which shall determine their number and shall choose a president and two vice-presidents among them and fix the fees, allowances or salaries or, as the case may be, the additional salaries of each of them.
The president must be a judge or an advocate. The other members must be advocates.
1974, c. 39, s. 3; 1975, c. 64, s. 1; 1977, c. 49, s. 1
;
1977, c. 68, s. 225
;
1979, c. 63, s. 276
;
1980, c. 33, s. 1
.
4
.
The members of the Commission shall remain in office, notwithstanding the expiry of their term, until reappointed or replaced.
1974, c. 39, s. 4
.
5
.
The president, the vice-presidents and the members of the Commission must devote themselves exclusively to the work of the Commission and the duties of their office.
However, they may act as members of the Commission contemplated in section 619 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46).
1974, c. 39, s. 5
;
1980, c. 33, s. 2
.
6
.
The Commission shall sit in divisions.
The divisions are the following:
(
1
)
the social aid and allowances division;
(
2
)
the mental patients protection division;
(
3
)
the health services and social services division;
(
4
)
the pension plan division;
(
5
)
the rescuers and crime victims compensation division;
(
6
)
the automobile insurance division.
1974, c. 39, s. 6; 1977, c. 42, s. 16
;
1977, c. 68, s. 226
;
1985, c. 6, s. 494
.
7
.
The Government shall appoint assessors to such divisions of the Commission as it shall identify, for a term not exceeding five years, and shall fix their fees, allowances or salaries or, as the case may be, their additional salaries.
In making each appointment, the Government shall identify the divisions to which the assessor is attached. The number of assessors shall be determined by the Government.
At least ten assessors must be physicians, four of whom are psychiatrists, and at least two others must be professional social workers.
At the expiry of their term of office, the assessors remain in office until they are re-appointed or replaced.
1975, c. 64, s. 2; 1977, c. 49, s. 2
;
1977, c. 68, s. 227
;
1979, c. 63, s. 277
;
1980, c. 33, s. 3
.
8
.
The sittings of the Commission and of each of its divisions shall be presided over by the president or by a member designated by the president.
1974, c. 39, s. 7
.
9
.
The divisions may sit simultaneously.
The president or any member designated by him shall determine which members and which assessors are to sit at one or another sitting.
1974, c. 39, s. 8; 1975, c. 64, s. 3
.
10
.
A matter shall be decided by the majority of the members and assessors having heard it.
When opinions are equally divided on a question, it shall be referred to the president or the vice-president he designates who shall decide the matter according to law.
1974, c. 39, s. 9; 1975, c. 64, s. 4
;
1980, c. 33, s. 4
;
1986, c. 95, s. 93
.
11
.
The secretary, the assistant-secretary and the other persons in the employ of the Commission shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).
1974, c. 39, s. 10; 1977, 49, s. 3
;
1978, c. 15, s. 140
;
1983, c. 55, s. 161
.
12
.
The president shall be responsible for the administration of the Commission within the scope of its by-laws.
1974, c. 39, s. 11
.
13
.
The members of the Commission and the assessors and functionaries of the Commission cannot be prosecuted by reason of official acts done in good faith in the performance of their duties.
1974, c. 39, s. 12; 1975, c. 64, s. 5
.
14
.
No extraordinary recourse contemplated in articles 834 to 845 of the Code of Civil Procedure shall be exercised and no injunction granted against the Commission, its members or assessors acting in their official capacity.
1974, c. 39, s. 13; 1975, c. 64, s. 6
.
15
.
A judge of the Court of Appeal may, upon motion, annul summarily any writ, order or injunction issued or granted contrary to section 14.
1974, c. 39, s. 14
;
1979, c. 37, s. 43
.
16
.
A member or assessor of the Commission may be recused in the same manner as a judge; articles 234 to 242 of the Code of Civil Procedure apply to the recusation,
mutatis mutandis.
1974, c. 39, s. 15; 1975, c. 64, s. 7
.
17
.
The president is responsible for the general policies of the Commission relating to its jurisdictional functions.
He shall coordinate, apportion and supervise the work of the members and assessors of the Commission who shall comply, in that regard, with his orders and directives.
1974, c. 39, s. 16; 1975, c. 64, s. 8
;
1986, c. 95, s. 94
.
18
.
If the president is absent or unable to act, he is replaced by the vice-president designated by the Government.
1974, c. 39, s. 17
;
1980, c. 33, s. 5
.
19
.
The members and assessors of the Commission must take the oath appearing in Form 1 to the Public Officers Act (chapter E-6).
1974, c. 39, s. 18; 1975, c. 64, s. 9
.
20
.
The books and accounts of the Commission shall be audited by the Auditor General each year and, in addition, whenever ordered by the Government.
1974, c. 39, s. 19
.
DIVISION
II
POWERS AND JURISDICTION OF THE COMMISSION
§
1
. —
Functions of the Commission
21
.
The object of the Commission is to hear, to the exclusion of every other commission, tribunal, board or body, except as regards the requests contemplated in paragraph
d
of this section:
(
a
)
the appeals brought under section 78 or section 81 of the Act respecting income security (chapter S-3.1.1) and section 40 of the Act respecting income security for Cree hunters and trappers who are beneficiaries under the Agreement concerning James Bay and Northern Québec (chapter S-3.2);
(
b
)
the contestations of decisions concerning entitlement to benefits brought under section 28 of the Act respecting family benefits (chapter P-19.1);
(
c
)
the applications for review brought under section 30 of the Mental Patients Protection Act (chapter P-41);
(
d
)
the requests of persons to have access to their medical records, made under section 27 of the Act respecting health services and social services (chapter S-4.2) or under the sixth paragraph of section 7 of the Act respecting health services and social services for Cree Native persons (chapter S-5);
(
e
)
(paragraph repealed);
(
f
)
the applications in contestation or annulment of election or appointment brought under section 148 or 530.16 of the Act respecting health services and social services or under section 59 of the Act respecting health services and social services for Cree Native persons;
(
f
.1
)
the appeals brought by physicians or dentists under section 205 or 252 of the Act respecting health services and social services and those broughts by pharmacists under section 253 of that Act;
(
g
)
the appeals brought by physicians, dentists or pharmacists under section 132 of the Act respecting health services and social services for Cree Native persons;
(
h
)
the appeals from decisions on permits, brought under section 450 of the Act respecting health services and social services or under section 148 of the Act respecting health services and social services for Cree Native persons;
(
h
.1
)
the appeals brought under section 453 of the Act respecting health services and social services or under section 182.1 of the Act respecting health services and social services for Cree Native persons;
(
i
)
the appeals for exemption from a payment, brought under section 517 of the Act respecting health services and social services, and those for exemption from a payment or from the payment of an expense allowance, brought under section 162 of the Act respecting health services and social services for Cree Native persons;
(
j
)
the appeals from decisions on permits, brought under section 41 of the Public Health Protection Act (chapter P-35);
(
j
.1
)
the appeals respecting indemnities for victims of immunization brought under section 16.7 of the Public Health Protection Act;
(
k
)
the appeals following a review made by the Régie des rentes, brought under section 188 of the Act respecting the Québec Pension Plan (chapter R-9);
(
k
.1
)
the appeals brought by manufacturers or wholesalers of medications under section 68 of the Act respecting prescription drug insurance (chapter A-29.01);
(
l
)
the appeals respecting the decisions of the Régie de l’assurance-maladie du Québec brought under section 18.4 or 50 of the Health Insurance Act;
Not in force
(
l
.1
)
the appeals from a decision under review under section 132 or 135 of the Act respecting assistance and compensation for victims of crime (1993, chapter 54) for the purposes of the application of that Act and of the Act to promote good citizenship (chapter C-20);
(
m
)
the appeals respecting the right to compensation or the quantum of compensation brought under section 65 of the Workmen’s Compensation Act (chapter A-3) for the purposes of the application of the Act to promote good citizenship and the Crime Victims Compensation Act (chapter I-6);
(
n
)
the appeals respecting the degree of impairment of earning capacity brought under section 65 of the Workmen’s Compensation Act for the purposes of the application of the Act to promote good citizenship and the Crime Victims Compensation Act;
(
o
)
(paragraph replaced);
(
p
)
the appeals brought under section 74 of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3);
(
q
)
the appeals brought under section 83.49 of the Automobile Insurance Act (chapter A-25);
(
r
)
the appeals brought under section 20 of the Act to secure the handicapped in the exercise of their rights (chapter E-20.1);
(
s
)
the appeals brought under section 30 of the Act to secure the handicapped in the exercise of their rights;
(
t
)
the appeals brought under section 44 of the Act to secure the handicapped in the exercise of their rights;
(
u
)
the appeals brought under section 48 of the Act to secure the handicapped in the exercise of their rights;
(
v
)
the appeals brought under section 59 of the Act to secure the handicapped in the exercise of their rights;
(
w
)
the appeals brought under section 42 of the Act respecting child day care (chapter S-4.1);
(
x
)
the applications made under section 44 of the Act respecting child day care;
(
y
)
the appeals brought under section 45 of the Act respecting child day care;
(
z
)
the applications made pursuant to section 120 of the Act respecting occupational health and safety (chapter S-2.1);
(
aa
)
the appeals brought pursuant to section 120 of the Act respecting occupational health and safety;
Not in force
(
bb
)
the appeals brought pursuant to section 93 of the Act respecting labour relations, vocational training and manpower management in the construction industry (chapter R-20).
1974, c. 39, s. 20; 1977, c. 5, s. 14; 1977, c. 22, s. 53
;
1977, c. 42, s. 17; 1977, c. 48, s. 44; 1977, c. 49, s. 4
;
1977, c. 68, s. 228
;
1978, c. 16, s. 32
;
1978, c. 7, s. 106
;
1979, c. 1, s. 59
;
1979, c. 16, s. 49
;
1979, c. 85, s. 88
;
1979, c. 63, s. 278
;
1980, c. 33, s. 6
;
1983, c. 24, s. 81
;
1985, c. 23, s. 7
;
1985, c. 6, s. 495
;
1984, c. 47, s. 31
;
1987, c. 68, s. 47
;
1987, c. 107, s. 149
;
1987, c. 85, s. 57
;
1988, c. 85, s. 86
;
1988, c. 51, s. 110
;
1989, c. 4, s. 9
;
1989, c. 50, s. 43
;
1989, c. 15, s. 21
;
1990, c. 87, s. 105
;
1992, c. 21, s. 137
;
1993, c. 74, s. 1
;
1993, c. 15, s. 92
;
1993, c. 54, s. 207
;
1994, c. 20, s. 1
;
1994, c. 23, s. 10
;
1996, c. 32, s. 104
;
1997, c. 57, s. 41
.
22
.
Upon receipt of a request or an appeal, the secretary or the assistant-secretary of the Commission shall without delay inform the party against whom the request or appeal is lodged.
No appeal shall suspend the execution of the decision appealed from unless a member of the Commission or, in the case of an appeal brought under section 81 of the Act respecting income security (chapter S-3.1.1), a member or an assessor of the Commission orders otherwise in case of urgency.
1974, c. 39, s. 21; 1975, c. 64, s. 10; 1977, c. 49, s. 5
;
1983, c. 28, s. 41
;
1988, c. 51, s. 111
.
22.1
.
Where the date for the hearing of an appeal contemplated in section 21 has not been fixed and the president or one of the vice-presidents, on examining the appeal declaration and the decision appealed from, perceives that the authority concerned has failed to decide a question which that authority is required by law to decide, he may
ex
officio
issue an order to return the matter to that authority for decision.
The new decision may be appealed to the Commission in the same manner and time as the original decision.
1980, c. 33, s. 7
.
23
.
The Commission shall have all the powers necessary to exercise its jurisdiction and may in particular make any order it considers appropriate to safeguard the rights of the parties.
It is empowered to decide any question of fact or of law and its decisions shall be final and without appeal.
1974, c. 39, s. 22
.
24
.
The Commission may revise or revoke any decision or order it has made
(
1
)
where a new fact is discovered which, if it had been known in due time, might have justified a different decision;
(
2
)
where a party interested in the issue was, for reasons considered sufficient, prevented from being heard;
(
3
)
where a substantial or procedural defect is likely to invalidate the decision.
The quorum for any such revision is the same as that provided for the decision under review.
1977, c. 49, s. 6
;
1986, c. 95, s. 95
.
25
.
The Commission may confirm the decision referred to it; it may also quash the decision and must then render the decision which, in its opinion, should have been rendered in the first instance.
1974, c. 39, s. 23
;
1992, c. 21, s. 375
;
1994, c. 23, s. 11
.
25.1
.
Any record of the Commission concerning an appeal, application or request is confidential. Notwithstanding section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), only a person authorized by the Commission may have access to the record.
1987, c. 68, s. 48
.
§
2
. —
Social aid and allowances
26
.
The appeals contemplated in paragraphs
a
,
b
,
i
,
u
,
v
and
y
of section 21 shall be heard by the social aid and allowances division.
Two members, one of whom is an assessor, constitute a quorum.
In the case of an appeal under section 81 of the Act respecting income security (chapter S-3.1.1) from a decision relating to the assessment of a person’s limitations in his capacity for employment or his inability to avail himself of a measure pursuant to paragraph 1 of section 16 of the said Act, the assessor must be a physician.
1974, c. 39, s. 24; 1975, c. 64, s. 11
;
1978, c. 7, s. 107
;
1979, c. 85, s. 89
;
1988, c. 51, s. 112
.
§
3
. —
Mental patients protection
27
.
The applications for revision contemplated in paragraph
c
of section 21 shall be heard by the mental patients protection division.
Three members, two of whom are assessor-phychiatrists, constitute a quorum.
1974, c. 39, s. 25; 1975, c. 64, s. 12
.
§
4
. —
Health services and social services
28
.
The requests and applications contemplated in paragraphs
d
,
f
,
x
and
z
of section 21 and the appeals contemplated in paragraphs
f.
1,
g
,
h
,
h.
1,
j
,
j
.1,
k.
1,
l
,
r
,
s
,
t
,
w
and
aa
of the said section 21 are heard by the health services and social services division.
The appeals contemplated in paragraphs
h.
1 and
k.
1 of section 21 and the appeals contemplated in paragraph
j
of the said section and which relate to ambulance service permits are heard and decided by preference.
1974, c. 39, s. 26
;
1978, c. 7, s. 108
;
1979, c. 85, s. 90
;
1979, c. 63, s. 279
;
1980, c. 33, s. 8
;
1985, c. 23, s. 8
;
1988, c. 47, s. 15
;
1992, c. 21, s. 138
;
1994, c. 23, s. 12
.
29
.
In the case of a motion contemplated in paragraph
d
,
f
,
r
or
x
of section 21, one member constitutes a quorum.
In the case of an appeal contemplated in paragraph
h
,
h.
1,
j
,
k.
1,
s
,
t
or
w
of section 21, two members constitute a quorum.
In the case of an appeal contemplated in paragraph
f.
1,
g
,
j.
1,
l
or
aa
of section 21 or of a motion contemplated in paragraph
z
of the said section, three members, including one assessor who is a physician, constitute a quorum.
1974, c. 39, s. 27; 1975, c. 64, s. 13
;
1978, c. 7, s. 109
;
1979, c. 85, s. 91
;
1979, c. 63, s. 280
;
1980, c. 33, s. 9
;
1985, c. 23, s. 9
;
1992, c. 21, s. 139
;
1994, c. 23, s. 13
.
§
5
. —
Pension plan
30
.
The appeals contemplated in paragraphs
k
and
p
of section 21 shall be heard by the pension plan division.
Three members constitute a quorum.
Where, during a suit before the pension plan division, a question is raised respecting Title III of the Act respecting the Québec Pension Plan (chapter R-9), and subject to the exceptions contemplated in section 76 of the said Act, the Commission must order the referral of the matter to the Court of Québec for adjudication on the question. In that case, the secretary or the assistant-secretary shall notify the Minister of Revenue without delay in the manner prescribed by regulation.
In cases where the adjudication does not end the litigation, the matter is referred by the court to the Commission.
1974, c. 39, s. 28; 1975, c. 64, s. 14; 1977, c. 22, s. 54
;
1988, c. 4, s. 1
;
1991, c. 13, s. 4
.
§
6
. —
Rescuers and crime victims compensation
1985, c. 6, s. 496
.
31
.
The appeals contemplated in paragraphs
m
and
n
of section 21 shall be heard by the rescuers and crime victims compensation division.
The quorum is three, including an assessor who is a physician.
1977, c. 42, s. 18
;
1985, c. 6, s. 496
.
§
7
. —
Automobile insurance
1977, c. 68, s. 229
.
31.1
.
The appeals contemplated in paragraph
q
of section 21 shall be heard by the automobile insurance division.
The quorum is three, including one assessor who is a physician.
1977, c. 68, s. 229
.
§
8
. —
Special Provision
1980, c. 33, s. 10
.
31.2
.
Where the quorum fixed by the act is three members or two members and an assessor who is a physician, the president may, where he sees fit, reduce the quorum to two members or to one member and an assessor who is a physician, as the case may be.
1980, c. 33, s. 10
.
DIVISION
III
PROCEDURE
32
.
The appeals, applications or requests contemplated in paragraphs
a
to
h
,
i
to
k
,
l
and
n
to
y
of section 21 shall be brought by a written declaration filed with the Commission or mailed to its address within 90 days after the date of the occurrence of the event being the occasion thereof or after the date of notification of the decision appealed from. The appeals contemplated in paragraphs
k.
1 and
m
shall be brought by a written declaration filed with the Commission or mailed to its address within 30 days after notification of the decision appealed from.
However, an appeal by a physician or dentist under section 205 or 252 of the Act respecting health services and social services (chapter S-4.2) or under the second paragraph of section 132 of the Act respecting health services and social services for Cree Native persons (chapter S-5) may be brought within 180 days after the application for appointment has been sent.
The Commission may permit a person to act after the expiry of the delay fixed in this section if that person shows that he was in fact unable to act sooner.
The appeals contemplated in paragraph
h.
1 are brought by a declaration filed with the Commission or mailed to its address within 10 days after service of the decision appealed from.
1974, c. 39, s. 29; 1977, c. 42, s. 19
;
1977, c. 68, s. 230
;
1978, c. 7, s. 110
;
1979, c. 85, s. 92
;
1980, c. 33, s. 11
;
1992, c. 21, s. 140
;
1994, c. 23, s. 14
.
32.1
.
The applications contemplated in paragraph
z
of section 21 are made by means of a declaration in writing filed with the Commission or mailed to its address and may be presented at any time.
Appeals contemplated in paragraph
aa
of section 21 are made by means of a declaration in writing filed with the Commission or mailed to its address within 90 days following the date of the decision, or within 180 days of the appeal if no decision has been transmitted.
Not in force
Appeals contemplated in paragraph
bb
of section 21 are made by a declaration in writing filed with the Commission or mailed to its address within 60 days of the decision.
The third paragraph of section 32 applies to this section.
1979, c. 63, s. 281
;
1987, c. 85, s. 59
.
33
.
Where the Commission is seized of a request, application or appeal contemplated in section 21, the secretary or the assistant-secretary shall issue forthwith a copy of the declaration to the party against which the request, application or appeal was made.
He shall also, in the same manner, issue a copy of the declaration
(
1
)
to the Minister of Health and Social Services, in the case of a request or application contemplated in paragraph
f
of section 21; and
(
2
)
(subparagraph repealed);
(
3
)
to the interested parties contemplated in the first paragraph of section 120 of the Act respecting occupational health and safety (chapter S-2.1), in the case of a request or application contemplated in paragraph
z
of section 21.
The person or body to whom a copy of a declaration has been delivered in accordance with this section may intervene at any stage of the proceedings.
1974, c. 39, s. 30; 1977, c. 5, s. 14; 1977, c. 22, s. 55
;
1977, c. 42, s. 20; 1977, c. 49, s. 7
;
1977, c. 68, s. 231
;
1978, c. 7, s. 111
;
1979, c. 85, s. 93
;
1979, c. 63, s. 329
;
1979, c. 63, s. 282
;
1980, c. 33, s. 12
;
1985, c. 23, s. 24
;
1988, c. 4, s. 2
;
1994, c. 23, s. 15
.
34
.
The declaration shall contain a summary statement of the reasons invoked by the appellant and, if necessary, indicate his intention to appear or to be represented at the hearing.
1974, c. 39, s. 31
.
35
.
The majority of the members of the Commission may, at a meeting called for that purpose by the president, prescribe by order rules of proof, procedure and practice applicable to the conduct of the cases before the Commission. Such rules may vary as they apply to one division or another of the Commission.
Every order made under this section must be approved by the Government and, if it is so approved, shall come into force thirty days after the date of its publication in the
Gazette officielle du Québec.
1974, c. 39, s. 32
.
36
.
The Commission and each of its members and assessors shall have the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.
1974, c. 39, s. 33; 1975, c. 64, s. 15
;
1992, c. 61, s. 202
.
37
.
In the absence of any provision applicable to a given case, the Commission may, in any case referred to it, prescribe any act or formality that could be so ordered by the rules of practice and with the same effect.
1974, c. 39, s. 34
.
38
.
The Commission must, before rendering any decision, allow the parties to be heard.
At the proof and hearing, each party is entitled to be assisted by an advocate, and may examine the witnesses and state his arguments.
The Commission shall ascertain, when it hears an application for review contemplated in paragraph
c
of section 21, that the person making the application has been given an opportunity to retain an advocate.
At the proof and hearing before the rescuers and crime victims compensation division, each party is entitled to be assisted by the person of his choice.
At the proof and hearing before the social aid and allowances division, the Minister of Employment and Solidarity or a body which is his delegatee as regards the application of the Act respecting income security (chapter S-3.1.1) is entitled to be represented, to plead or act in his or its name, by the person of his or its choice.
1974, c. 39, s. 35; 1975, c. 64, s. 16
;
1979, c. 63, s. 283
;
1984, c. 27, s. 51
;
1985, c. 6, s. 497
;
1988, c. 51, s. 113
;
1992, c. 44, s. 81
;
1994, c. 12, s. 67
;
1997, c. 63, s. 128
.
39
.
The decisions of the Commission must state the reasons on which they are based and be rendered in writing; they shall form part of the records of the Commission.
1974, c. 39, s. 36
.
40
.
The Commission shall give written notice forthwith to the person who brought the appeal, application or request and to every person who may be required to act to execute the decision.
Every person contemplated by a decision of the Commission shall immediately comply therewith.
1974, c. 39, s. 37
.
41
.
Every decision of the Commission may be homologated by the Superior Court on a motion of the Commission or an interested party and shall become, after homologation, executory as a judgment of that court.
1974, c. 39, s. 38
.
42
.
The minutes of the meetings, approved by the Commission and certified by the president, the secretary or the assistant-secretary, are authentic. The same applies to every document or copy issued by the Commission or forming part of its records, if signed by the president, the secretary or the assistant-secretary of the Commission.
1974, c. 39, s. 39; 1977, c. 49, s. 8
.
43
.
The Commission shall from time to time publish the decisions rendered but shall not state the names of the parties and the persons involved.
1974, c. 39, s. 40
.
44
.
Not later than 30 June each year, the Commission shall submit to the Minister of Income Security a report of its activities for the preceding fiscal year. The Minister shall lay such report before the National Assembly within 30 days after receipt thereof if it is in session or, if it is not, within 30 days after the opening of the next session.
The report shall not designate by name any person implicated in the matters brought before the Commission.
The Commission may, in its annual report, make recommendations on the acts, regulations, directives and administrative practices respecting which it hears the appeals, requests or applications.
1974, c. 39, s. 41
;
1981, c. 9, s. 35
;
1982, c. 53, s. 57
;
1992, c. 44, s. 81
;
1994, c. 12, s. 67
.
44.1
.
The sums required for the carrying out of this Act shall be taken out of the fund of the Commission.
The fund of the Commission shall be made up of the following sums:
(
1
)
the sums paid by the Minister out of the appropriations allocated for such purpose by the Parliament;
(
2
)
the sums paid, for the purposes of paragraph
k
,
q
or
bb
of section 21 or of section 579 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001), by bodies whose decisions may be the subject of applications or appeals under the said provisions, in the amount and on the terms and conditions determined by the Government.
1990, c. 68, s. 1
.
DIVISION
IV
FINAL PROVISIONS
45
.
The Minister of Income Security shall be entrusted with the application of this Act.
1974, c. 39, s. 74
;
1981, c. 9, s. 35
;
1982, c. 53, s. 57
;
1992, c. 44, s. 81
;
1994, c. 12, s. 67
.
The Minister of Justice exercises the functions of the Minister of Income Security with respect to the application of this Act except, for the fiscal year 1996-97, those functions set forth in subparagraph 1 of the second paragraph of section 44.1 of this Act. O.C. 129-96 of 96.01.29, (1996) 128 G.O. 2 (French), 1513; O.C. 1387-96 of 96.11.13, (1996) 128 G.O. 2 (French), 6660.
46
.
(This section ceased to have effect on 17 April 1987).
1982, c. 21, s. 1
;
U. K., 1982, c. 11, Sch. B, Part I, s. 33
.
REPEAL SCHEDULE
In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 39 of the statutes of 1974, in force on 31 December 1977, is repealed, except sections 42, 43, 73 and 75, effective from the coming into force of chapter C-34 of the Revised Statutes.
Sections 21, 31 and 32 of this Act will be amended upon the coming into force of paragraphs 2 and 3 of section 207 and sections 208 and 209 of chapter 54 of the statutes of 1993 on the date or dates fixed by order of the Government.
Section 30 of this Act will be amended upon the coming into force of section 58 of chapter 85 of the statutes of 1987 on the date fixed by order of the Government.
Any provisions referred to in this Act as “not in force” will come into force on the date or dates fixed by order of the Government (1987, c. 85, s. 108; 1993, c. 54, s. 226).
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