C-54 - Act respecting the Conseil consultatif de la justice

À jour au 1^er avril 1999

Ce document a valeur officielle.

chapter C-54

Act respecting the Conseil consultatif de la justice

Repealed, 1986, c. 61, s. 1.

1986, c. 61, s. 1.

1. A body for study and consultation, hereinafter called “the Council”, is established under the name of “Conseil consultatif de la justice”.

1971, c. 13, s. 1; 1977, c. 5, s. 14.

2. The Council shall advise the Minister of Justice on any question that he submits to it respecting matters within his competence.

It may also, with the prior approval of the Minister, study any question pertaining to the field of justice and do or have done any research it considers useful or necessary.

The Council may receive and hear petitions and suggestions from individuals and groups on any question contemplated in this section.

1971, c. 13, s. 2.

3. The Council shall communicate its findings and conclusions to the Minister of Justice and make such recommendations to him as it considers appropriate.

The Minister must make the studies of the Council public.

1971, c. 13, s. 3.

4. The Council must refer to the Minister any problem or question which it considers as requiring study or action by the Ministère de la Justice.

1971, c. 13, s. 4; 1977, c. 5, s. 14.

5. The Council shall consist of the following members, appointed by the Government upon the recommendation of the Minister of Justice:

(a)  the chairman;

(b)  fourteen members appointed from among the persons recommended by the following groups: the chief justices and chief judges of the courts of Québec, the Barreau du Québec, the Chambre des notaires, the groups representing the police sector, the socio-economic groups, the union bodies, the bodies representing agriculture, and the university sector.

Upon the recommendation of the Minister, the Government shall appoint a vice-chairman from among the persons contemplated in subparagraph b.

The Deputy Minister of Justice or his delegate, the president of the Police Commission, the Director General of the Sûreté du Québec and the Director General of the Service de la probation et des établissements de détention shall also be members ex officio of the Council but shall not be entitled to vote.

1971, c. 13, s. 5; 1977, c. 5, s. 14, s. 229.

6. The members of the Council other than those contemplated in the third paragraph of section 5 shall be appointed for two years.

The term of office of the members of the Council cannot be renewed consecutively more than once.

1971, c. 13, s. 6.

7. The members of the Council shall remain in office, notwithstanding the expiry of their term, until reappointed or replaced.

The office of a member of the Council shall become vacant if such member is absent for four consecutive sittings.

1971, c. 13, s. 7.

8. Every vacancy occurring during the term of office of a member of the Council shall be filled by following the mode of appointment of the member to be replaced, for the remainder of the term of the person to be replaced.

1971, c. 13, s. 8.

9. The chairman shall direct the activities of the Council and coordinate its work; he shall ensure co-operation between the Council and the Minister of Justice.

1971, c. 13, s. 9.

9.1. The Council may establish committees and determine their duties. Such committees shall be composed of members of the Council.

1981, c. 14, s. 22.

10. The members of the Council other than those contemplated in the third paragraph of section 5 shall be indemnified for their expenses in attending sittings of the Council or of the committees of which they are members and shall receive an attendance allowance fixed by the Government.

1971, c. 13, s. 10; 1981, c. 14, s. 23.

11. The secretary and the other functionaries and employees of the Council shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

1971, c. 13, s. 11; 1978, c. 15, s. 140; 1983, c. 55, s. 161.

12. The secretariat of the Council shall be within the territory of the Communauté urbaine de Québec.

The Council may hold its sittings at any place in Québec.

The Council shall meet at least six times each year.

1971, c. 13, s. 12; 1977, c. 5, s. 14.

13. If the chairman is absent or unable to act, he shall be replaced by the vice-chairman.

1971, c. 13, s. 13.

14. The Council may make by-laws for its internal management; to have effect, such by-laws must be approved by the Government.

1971, c. 13, s. 14.

15. The Council shall, not later than the 30th of June each year, send a report of its activities for the preceding fiscal year to the Minister of Justice who shall communicate it to the National Assembly.

1971, c. 13, s. 15.

16. The Minister of Justice shall have charge of the application of this act.

1971, c. 13, s. 17.

17. This Act shall operate notwithstanding the provisions of sections 2 and 7 to 15 of the Constitution Act, 1982 (Schedule B of the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom).

1982, c. 21, s. 1.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 13 of the statutes of 1971, in force on 31 December 1977, is repealed, except sections 16 and 18, effective from the coming into force of chapter C-54 of the Revised Statutes.