E-6.1 - Act respecting the regulation of the financial sector

À jour au 14 juin 2013

Ce document a valeur officielle.

chapter A-33.2

Act respecting the Autorité des marchés financiers

This Act was formerly entitled “An Act respecting the Agence nationale d’encadrement du secteur financier”. The title was amended by section 90 of chapter 37 of the statutes of 2004.

2004, c. 37, s. 90.

TITLE I THE AUTORITÉ DES MARCHÉS FINANCIERS

2004, c. 37, s. 90.

CHAPTER I ESTABLISHMENT

1. The “Autorité des marchés financiers” is hereby established, hereinafter called the “Authority”.

The Authority is a legal person and a mandatary of the State.

2002, c. 45, s. 1; 2004, c. 37, s. 90.

2. The property of the Authority forms part of the domain of the State but the execution of the obligations of the Authority may be levied against its property.

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

2002, c. 45, s. 2; 2004, c. 37, s. 90.

3. The Authority has its head office in the national capital at the location it determines. A notice of the location of the head office, and of any change in its location, shall be published in the Gazette officielle du Québec.

2002, c. 45, s. 3; 2004, c. 37, s. 90.

II

DIVISION I MISSION

4. The mission of the Authority is to

(1)  provide assistance to consumers of financial products and services, in particular by setting up consumer-oriented educational programs on financial products and services, processing complaints filed by consumers and giving consumers access to dispute-resolution services;

(2)  ensure that the financial institutions and other regulated entities of the financial sector comply with the solvency standards applicable to them as well as with the obligations imposed on them by law with a view to protecting the interests of consumers of financial products and services, and take any measure provided by law for those purposes;

(3)  supervise the activities connected with the distribution of financial products and services, administer the rules governing eligibility for and the carrying on of those activities, and take any measure provided by law for those purposes;

(4)  supervise stock market and clearing house activities and monitor the securities market, in particular, by administering the controls provided by law as regards access to the public capital market, ensuring that the issuers and other practitioners involved in the financial sector comply with the obligations imposed on them by law and taking any measure provided by law for those purposes;

(4.1)  supervise derivatives markets, including derivatives exchanges and clearing houses and ensure that regulated entities and other derivatives market practitioners comply with the obligations imposed by law; and

(5)  see to the implementation of protection and compensation programs for consumers of financial products and services and administer the compensation funds set up by law.

2002, c. 45, s. 4; 2004, c. 37, s. 90; 2008, c. 24, s. 182.

5. The Direction de l’encadrement de l’assistance aux consommateurs, the Direction de l’encadrement de la solvabilité, the Direction de l’encadrement de la distribution, the Direction de l’encadrement des marchés de valeurs and the Direction de l’encadrement de l’indemnisation shall be established within the Authority.

The Authority shall achieve each aspect of its mission and develop the specialized skills needed to carry out the duties and powers that ensue from it through the intermediary of the directions mentioned above.

2002, c. 45, s. 5; 2004, c. 37, s. 90.

6. The Authority shall establish any other directorate and any other administrative structure that is appropriate for the exercise of all of the duties and powers related to the regulation of the financial sector, coordination among directorates, coordination of relations with the industry, coordination of the disclosure requirements and coordination of inspections and investigations.

2002, c. 45, s. 6; 2004, c. 37, s. 90.

DIVISION II FUNCTIONS AND POWERS

7. The Authority shall perform the functions and exercise the powers conferred on it by the Acts listed in Schedule 1 or by other Acts, and shall administer all the Acts or legislative provisions entrusted to the administration of the Authority by an Act or by the Government.

The Authority shall also act as an information and reference centre in all fields of the financial sector.

In addition, the Authority shall perform the functions and exercise the powers conferred on it by this Act.

2002, c. 45, s. 7; 2004, c. 37, s. 90.

8. The Authority shall perform its functions and exercise its powers in a way as to:

(1)  foster the confidence of the public and of the business community as regards financial institutions and practitioners in the financial sector as regards solvency and the competence of agents, advisers, brokers, representatives and other practitioners in the financial sector;

(2)  promote the availability of high-quality, competitively priced financial products and services for individuals and enterprises in all regions of Québec;

(3)  see to the establishment of an effective and efficient regulatory framework that promotes the development of the financial sector and facilitates innovative management and commercial practices;

(4)  grant the public and the business community access to reliable, accurate and complete information on the financial institutions and practitioners in the financial sector and on the financial products and services offered;

(5)  protect consumers against unethical, abusive or fraudulent practices and give individuals and enterprises access to various dispute resolution mechanisms.

2002, c. 45, s. 8; 2004, c. 37, s. 90.

CHAPTER III INSPECTION AND INVESTIGATION

9. The Authority may, to verify compliance with an Act referred to in section 7, except the Act respecting contracting by public bodies (chapter C-65.1) designate any person who is a staff member to carry out an inspection.

The Authority may, in writing, authorize a person other than a staff member to carry out an inspection and report to it.

It may also delegate, by agreement, all or part of its inspection functions and powers to a self-regulatory organization in accordance with Title III.

2002, c. 45, s. 9; 2004, c. 37, s. 90; 2012, c. 25, s. 27.

10. The person so authorized to carry out an inspection by the Authority or by a self-regulatory organization may

(1)  enter, at any reasonable time of day, the establishment of a person or partnership where activities governed by an Act referred to in section 7 are carried on and carry out an inspection;

(2)  require from the persons present any information related to the application of such an Act as well as the production of any book, register, account, contract, record or other relevant document;

(3)  examine and make copies of the documents containing information that is relevant to the activities of the person or partnership.

Any person who has the custody, possession or control of documents referred to in this section must, on request, communicate them to the person carrying out the inspection and facilitate their examination by such person.

2002, c. 45, s. 10; 2004, c. 37, s. 90.

11. The person authorized to carry out an inspection by the Authority or by a self-regulatory organization must, on request, produce identification and show the document attesting his or her authorization.

No proceedings may be brought against that person by reason of acts performed in good faith in the exercise of his or her functions.

2002, c. 45, s. 11; 2004, c. 37, s. 90.

12. The Authority may, on its own initiative or on request, conduct any investigation if it has reasonable grounds to believe there has been contravention of an Act referred to in section 7.

The investigation is held in camera.

2002, c. 45, s. 12; 2004, c. 37, s. 90; 2008, c. 7, s. 1.

13. The Authority may authorize a person referred to in the first or second paragraph of section 9 to exercise all or part of the powers conferred on it by section 12.

2002, c. 45, s. 13; 2004, c. 37, s. 90.

14. The person the Authority has authorized to conduct an investigation is vested with the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C‐37), except the power to order imprisonment.

2002, c. 45, s. 14; 2004, c. 37, s. 90.

14.1. The Authority may prohibit a person from communicating information related to an investigation to anyone except the person’s lawyer.

2008, c. 7, s. 2.

14.2. A person called on to testify during an investigation or an examination may be assisted by a lawyer of the person’s choice.

2008, c. 7, s. 2.

15. The person shall transmit all investigation reports to the Authority.

2002, c. 45, s. 15; 2004, c. 37, s. 90.

15.1. No chartered professional accountant may refuse to communicate to the Authority or to a person authorized by the Authority any information or document relating to a legal person, partnership or other entity that is under an investigation conducted under section 12 of this Act, section 15 of the Act respecting insurance (chapter A-32), section 116 of the Derivatives Act (chapter I-14.01), section 312 of the Act respecting trust companies and savings companies (chapter S-29.01) or section 239 of the Securities Act (chapter V-1.1) that was obtained or prepared by the accountant for the purposes of an audit or for the purposes of the examination of interim financial statements of the legal person, partnership or entity, on the grounds that the communication would result in the disclosure of information protected by professional secrecy.

Nor may such an accountant refuse to allow a document described in the first paragraph to be examined, copied or seized by the Authority, or a person authorized to investigate by the Authority, in the course of a search under the Code of Penal Procedure (chapter C-25.1).

This section shall not operate to allow the communication, examination, copying or seizure of a document or information protected by the professional secrecy binding a member of a professional order other than a chartered professional accountant.

2008, c. 7, s. 3; 2008, c. 24, s. 183; 2012, c. 11, s. 32.

15.2. Despite any other provision of this Act or of an Act referred to in section 7, information or a document obtained under section 15.1 is confidential and may not be used or communicated otherwise than in accordance with sections 15.3 to 15.7.

The disclosure of such information or such a document, and its use or communication pursuant to any of sections 15.3 to 15.7, may not operate to otherwise affect the right to professional secrecy.

2008, c. 7, s. 3.

15.3. Information or a document obtained under section 15.1 may only be used within the Authority for the purposes of the investigation or the search.

It may be accessed by persons whose functions within the Authority require that they be informed of the substance of the investigation or the search.

2008, c. 7, s. 3.

15.4. The Authority may communicate information or a document obtained under section 15.1 to a person authorized to exercise all or part of its powers of investigation or to a person providing expert support in the course of the investigation or the search, but solely for such purposes and only insofar as the Authority has obtained the person’s undertaking to uphold the same confidentiality obligations as are incumbent on the Authority and the persons referred to in section 15.3.

2008, c. 7, s. 3.

15.5. The president and director general of the Authority, a member of the personnel of the Authority, a person authorized to investigate by the Authority or a person providing expert support may not testify in relation to or produce information or a document obtained under section 15.1 except insofar as the disclosure is necessary for the purposes of a proceeding to which the Authority is a party following the investigation or the search.

Information or a document obtained under section 15.1 may not be used or communicated for the purposes of a civil suit.

It may be used or communicated for the purposes of section 19.1.

The first paragraph also applies to persons who no longer exercise the functions described in that paragraph.

2008, c. 7, s. 3.

15.6. Information or a document obtained under section 15.1 may be communicated by the Authority

(1)  to a police force having jurisdiction in Québec, if there are reasonable grounds to believe that the legal person, partnership or other entity has committed or is about to commit a criminal or penal offence against the Authority or one of its employees or under this Act, an Act referred to in section 7 or another securities provision, and the communication is necessary for the investigation of that offence or any prosecution resulting from the investigation;

(2)  to a Canadian securities authority, if the communication is needed by that authority in the exercise of its powers of investigation or necessary for any prosecution resulting from the investigation;

(3)  to a regulatory body, other than an authority referred to in paragraph 2, which, at the time of the communication, is a signatory to the Multilateral Memorandum of Understanding Concerning Consultation and Cooperation and the Exchange of Information of the International Organization of Securities Commissions or the Multilateral Memorandum of Understanding on Cooperation and Information Exchange of the International Association of Insurance Supervisors, published in the Authority’s bulletin, if the communication is needed by that regulatory body in the exercise of its powers of investigation or necessary for any prosecution resulting from the investigation; or

(4)  to the Ordre des comptables professionnels agréés du Québec, within the scope of an agreement entered into under section 9 of the Chartered Professional Accountants Act (chapter C-48.1).

2008, c. 7, s. 3; 2009, c. 35, s. 76; 2011, c. 26, s. 3; 2012, c. 11, s. 15.

15.7. Before communicating information or a document in accordance with paragraph 2 or 3 of section 15.6, the Authority must obtain an undertaking from the recipient that it will use the information or document solely for the purposes stated in that paragraph and that it will uphold the same confidentiality obligations with respect to the information or document as are incumbent on the Authority under this section and sections 15.2 to 15.6.

If the Authority is of the opinion that the information or document will not, with a recipient referred to in paragraph 3 of section 15.6, benefit from the same level of protection as is provided by this section and sections 15.2 to 15.6, it must refuse to communicate the information or document.

2008, c. 7, s. 3.

16. No person employed by the Authority or authorized by the Authority to exercise the powers to make an inspection or inquiry shall communicate or allow to be communicated to anyone information obtained under this Act or a regulation made by the Government, or allow the examination of a document filed under this Act or the regulation, unless the person is authorized to do so by the Authority. The same applies to any information or document relating to the application of guidelines and provided voluntarily to the Authority.

Notwithstanding sections 9 and 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), only a person generally or specially authorized by the Authority may have access to such information or such a document.

2002, c. 45, s. 16; 2002, c. 70, s. 177; 2004, c. 37, s. 41; 2013, c. 18, s. 7.

16.1. The president and director general of the Authority, a member of the personnel of the Authority or any other person who exercised functions in the course of an investigation under section 12 or under an Act referred to in section 7 may not testify in relation to information or a document obtained in the course of the investigation or produce such a document, except insofar as the disclosure is necessary for the purposes of a proceeding to which the Authority is a party.

Information or a document described in the first paragraph may be used or communicated for the purposes of section 19.1.

The first paragraph also applies to persons who no longer exercise the functions described in that paragraph.

2008, c. 7, s. 4.

17. The Authority may summarily dismiss any request for investigation considered to be frivolous or clearly unfounded.

The applicant must be informed of any dismissal.

2002, c. 45, s. 17; 2004, c. 37, s. 90; 2008, c. 24, s. 184.

17.1. A person of good faith who reports a failure to comply with an Act referred to in section 7 to the Authority is not subject to any civil liability for doing so.

2011, c. 26, s. 4.

18. Except on a question of jurisdiction, no recourse under article 33 of the Code of Civil Procedure (chapter C-25) or extraordinary recourse within the meaning of that Code may be exercised, nor any injunction granted, against any person authorized to carry out an inspection or conduct an investigation.

Any judge of the Court of Appeal may, on a motion, summarily annul any writ, order or injunction issued or granted contrary to the first paragraph.

2002, c. 45, s. 18; 2004, c. 37, s. 90; 2007, c. 15, s. 20.

19. Any person who hinders the action of the Authority or a person it has authorized in the exercise of a power under section 9, 10, 12 or 13 is guilty of an offence and is liable to a fine of not less than $500 nor more than $5,000.

The fine is doubled in the event of a second or subsequent offence.

2002, c. 45, s. 19; 2004, c. 37, s. 90.

CHAPTER III.1 RECEIVERSHIP

2008, c. 7, s. 5.

19.1. The Superior Court may order the appointment of a receiver if the Authority shows that it has reasonable grounds to believe

(1)  that the assets of the person, partnership or other entity are insufficient to meet the obligations of the person, partnership or other entity or were used for a purpose other than the purpose for which they were intended, or that there is an inexplicable deficiency in the assets;

(2)  that an officer or director of the person, partnership or other entity has committed embezzlement, a breach of trust or another offence;

(3)  that the management exercised by the officers and directors is unacceptable in view of generally accepted principles and could endanger the rights of the investors or members of the person, partnership or other entity or the persons insured by the person, partnership or other entity, or cause the depreciation of securities or titles issued by the person, partnership or other entity; or

(4)  that the appointment is necessary to protect the public in the context of an investigation ordered under section 116 of the Derivatives Act (chapter I-14.01) or section 239 of the Securities Act (chapter V-1.1).

The Authority may also request that the Court issue a receivership order if the licence that was issued under the Act respecting insurance (chapter A-32) or the Act respecting trust companies and savings companies (chapter S-29.01) was cancelled or suspended and the causes for the suspension were not remedied within 30 days after the suspension took effect, or if a person is exercising activities without holding such a licence.

The Authority recommends to the Court the names of persons who could act as receiver.

2008, c. 7, s. 5; 2008, c. 24, s. 185.

19.2. The receivership order may empower the receiver to

(1)  take possession of all the property belonging to the person, partnership or other entity, or held by the person, partnership or other entity for another person, in any place where it is being kept, even if it is in the possession of a bailiff, a creditor or another person claiming it;

(2)  exercise, in the case of a natural person, the powers relating to the person’s affairs and, in other cases, the powers of the shareholders, associates, directors, officers and members, as applicable, of the person, partnership or other entity;

(3)  pursue all or part of the affairs of the person, partnership or other entity or take any conservatory measure related to those affairs;

(4)  terminate or cancel any contract to which the person, partnership or other entity is a party;

(5)  institute or continue, without continuance of suit, or take part in any proceedings relating to the affairs or property of a person, partnership or other entity to which the person, partnership or other entity was or would have been a party;

(6)  investigate the activities of the person, partnership or other entity;

(7)  retain the services of accountants, lawyers or other persons to assist in receivership functions;

(8)  assign, on behalf of the person, partnership or other entity, all of the property of the person, partnership or other entity for the benefit of the creditors or act as trustee under any federal statute applicable to bankruptcy or insolvency matters;

(9)  wind up the person, partnership or other entity in accordance with the Winding-up Act (chapter L-4), the Business Corporations Act (chapter S-31.1) or any special provision of an Act referred to in section 7 applicable to the person, partnership or other entity or in the manner determined by the Superior Court; and

(10)  exercise any other power or function the Court considers appropriate to enable the receiver to carry out receivership functions.

2008, c. 7, s. 5; 2011, c. 26, s. 5.

19.3. Any person exercising powers relating to the affairs or property of the person, partnership or other entity that are covered by the receivership order must immediately cease to do so, to the extent specified in the order, unless otherwise requested by the receiver.

2008, c. 7, s. 5.

19.4. No judicial proceedings may be brought against the receiver, or any person the receiver designates to assist in the exercise of receivership functions, for an act done in good faith in the exercise of their functions.

2008, c. 7, s. 5.

19.5. For the purposes of their investigation, the receiver and any person the receiver designates to assist in the investigation have the powers and immunity provided for in the first paragraph of section 6 and sections 9 to 13 and 16 of the Act respecting public inquiry commissions (chapter C-37).

For the purposes of the investigation, they have all the powers of a judge of the Superior Court, except the power to order imprisonment.

2008, c. 7, s. 5.

19.5.1. A motion by the Authority for the appointment of a receiver must be served on the defendant at least 10 days prior to its presentation. The motion is heard and decided by preference.

The motion is contested orally on the day of its presentation. The parties may adduce detailed affidavits in evidence to establish all the facts needed to support their allegations. The affidavits and all documents referred to must be served on the other party at least two clear juridical days before the day of presentation of the motion.

2011, c. 26, s. 6.

19.6. At the Authority’s request, if it is imperative to do so, the Superior Court shall hear the motion without delay in the defendant’s absence. The defendant has 10 days after an order is rendered to file a notice of contestation with the Court.

At the Authority’s request, the motion may be heard in private.

2008, c. 7, s. 5; 2011, c. 26, s. 7.

19.7. The Superior Court may prohibit a person from communicating any information related to the receivership order or disclosed during the hearing.

2008, c. 7, s. 5.

19.8. Receivership with respect to the property of a federation of mutual insurance associations governed by the Act respecting insurance (chapter A-32) includes receivership with respect to its investment fund and the guarantee fund related to the federation, and, inversely, receivership with respect to the guarantee fund includes receivership with respect to the property of the federation to which it is related and receivership with respect to its investment fund.

2008, c. 7, s. 5.

19.9. The directors, officers, personnel members, associates or mandataries of the person, partnership or other entity subject to the receivership order must cooperate with the receiver and provide the receiver with any information related to the affairs and property of the person, partnership or other entity.

2008, c. 7, s. 5.

19.10. At the request of the Authority, the receiver shall inform the Authority of the receiver’s findings, management and investigation conclusions, and communicate any information collected within the scope of the receivership mandate to the Authority.

2008, c. 7, s. 5.

19.11. At the request of the Authority, the receiver or any interested person, the Superior Court may modify the receiver’s powers.

The Court may also terminate the receivership, in particular if it considers

(1)  that the receivership may not reasonably be expected to benefit the creditors of the person, partnership or other entity, the persons who have property in the possession or under the control of the person, partnership or other entity, or the investors, members or insured persons of the person, partnership or other entity; or

(2)  that the financial situation of the person, partnership or other entity subject to the receivership order will not allow payment of the costs associated with the receivership.

The Court may then order the winding-up of the person, partnership or other entity and appoint a liquidator, or assign, on behalf of the person, partnership or other entity, all of the property of the person, partnership or other entity for the benefit of its creditors and appoint a trustee.

2008, c. 7, s. 5.

19.12. In the case of an insurance company within the meaning of the Act respecting insurance (chapter A-32), any decision of the Superior Court ordering its winding-up must be made public by means of a notice in the Gazette officielle du Québec. Chapter XI of Title IV of that Act applies to the winding-up.

Within 10 days after a decision ordering the winding-up of a federation or a guarantee fund within the meaning of that Act is rendered by the Court, the liquidator shall notify the members of the federation and the guarantee fund related to it.

The notice provided for in the first paragraph must be sent to the enterprise registrar, who shall deposit it in the enterprise register kept under Chapter II of the Act respecting the legal publicity of enterprises (chapter P-44.1). The decision of the Court to wind up a federation takes effect 60 days after the deposit of the notice in the register

The winding-up of a federation entails that of its investment fund and of the guarantee fund related to the federation, and, inversely, the winding-up of a guarantee fund entails that of the federation to which it is related and of the federation’s investment fund.

The liquidator of the federation shall also assume the winding-up of the investment fund and of the guarantee fund according to the same rules. Likewise, the liquidator of a guarantee fund shall also assume the winding-up of the federation related to the guarantee fund and of the federation’s investment fund according to the same rules.

2008, c. 7, s. 5; 2010, c. 7, s. 192; 2010, c. 40, s. 92.

19.13. In the case of a security fund within the meaning of the Act respecting financial services cooperatives (chapter C-67.3), the liquidator shall first pay the debts of the fund and the costs of winding it up, and the balance from the winding-up devolves to the federation within the meaning of that Act.

2008, c. 7, s. 5.

19.14. No appeal lies from an order made under section 19.1.

2008, c. 7, s. 5; 2011, c. 26, s. 8.

19.15. The receiver’s fees and expenses are taken out of the mass of assets, after approval by the Superior Court.

The receiver’s fees and expenses are deemed to constitute a prior claim and to have the same rank as expenses incurred in the common interest. The prior claim establishes a real right and confers on the receiver the right to follow the property that is subject to the claim into whosever hands it may be.

2008, c. 7, s. 5.

19.16. The receiver may, at any time during the receivership mandate, request the approval of fees and expenses by filing with the Superior Court a summary statement of the fees and expenses, together with a notice to the Authority.

2011, c. 26, s. 9.

19.17. Only the Authority may oppose the request and must do so by filing a notice of opposition with the Superior Court, together with a notice to the receiver, within 30 days after the notice referred to in section 19.16 is sent.

The receiver shall request the Superior Court, within the 10 days after a notice of opposition is filed, to set a hearing date and shall give the Authority notice of the date.

The Superior Court shall hear the parties’ oral arguments on the notice of opposition on the day of the hearing and shall then proceed to the taxation of the fees and expenses.

2011, c. 26, s. 9.

CHAPTER IV OPERATION

20. The affairs of the Authority shall be administered by a president and director general appointed by the Government, which shall determine the remuneration, employee benefits and other terms of employment of the president and director general.

The term of the president and director general is five years. At the end of that term, the president and director general shall remain in office until replaced or reappointed.

2002, c. 45, s. 20; 2004, c. 37, s. 90.

21. The president and director general is responsible for the administration and direction of the Authority within the scope of its internal by-laws and policies and shall exercise his or her functions on a full-time basis.

2002, c. 45, s. 21; 2004, c. 37, s. 90.

22. The president and director general shall designate one or more members of the staff of the Authority to replace the president and director general in the case of absence or inability to act. The designation shall be published in the Gazette officielle du Québec and in the Authority’s bulletin, but shall take effect as soon as the instrument evidencing the designation is signed by the president and director general.

2002, c. 45, s. 22; 2004, c. 37, s. 90.

23. The president and director general shall appoint at least three but no more than five superintendents who shall administer the activities and operations of the five directions of the Authority referred to in section 5.

The superintendents shall assist the president and director general in the exercise of his or her functions and shall exercise their administrative functions under the president and director general’s authority.

The president and director general shall also appoint the secretary of the Authority. Documents intended for the Authority are served on the secretary.

2002, c. 45, s. 23; 2004, c. 37, s. 90; 2008, c. 24, s. 186.

24. Subject to all applicable legislative provisions, the Authority’s president and director general may delegate, generally or specially, to any of the superintendents, any other member of the staff of the Authority or any other person he or she designates any function or power under an Act referred to in section 7. The decision shall be published in the Gazette officielle du Québec and in the Authority’s bulletin.

The Authority’s powers to make regulations, define a policy statement or establish a guideline that are provided for in those Acts may not, however, be delegated.

The president and director general may, in the instrument of delegation, authorize the subdelegation of the functions and powers he or she indicates; in such a case, he or she shall identify the superintendent, the staff member or the person to whom such subdelegation may be made.

2002, c. 45, s. 24; 2004, c. 37, s. 90.

25. The decisions made by the Authority, and certified true by the president and director general, the secretary or any other person authorized for that purpose by the Authority, are authentic. The same applies to the documents or copies of documents emanating from the Authority or forming part of its records when they have been signed or certified true by any of such persons.

2002, c. 45, s. 25; 2004, c. 37, s. 90.

25.1. Subject to the conditions determined by by-law, the Authority may allow the signature of the president and director general or a delegate referred to in section 24 to be affixed by means of an automatic device on the documents determined in the by-law

2004, c. 37, s. 42.

25.2. The Authority may, in cases that are not expressly provided for in this Act or an Act referred to in section 7, require the use of a medium or technology it specifies for completing a formality under one of those Acts. It shall determine such requirements as to the form of documents and the manner in which they are to be sent or received as are necessary to allow the use of that medium or technology.

In the cases described in the first paragraph, signature requirements for technology-based documents sent to the Authority, including what may stand in lieu of a signature, are also determined by the Authority.

2011, c. 26, s. 10.

26. A by-law made by the Authority shall establish a staffing plan as well as the selection criteria and procedure of appointment of the members of its staff.

Subject to the provisions of a collective agreement, such by-law shall also determine the standards and scales of their remuneration, employee benefits and other terms of employment in accordance with the conditions defined by the Government.

2002, c. 45, s. 26; 2004, c. 37, s. 90.

27. The superintendents, the secretary and the other members of the staff of the Authority may not, on pain of dismissal, occupy another position or have a direct or indirect interest in an enterprise that may place their personal interests in conflict with their duties or functions. If such interest devolves to them by succession or gift, they must renounce it or dispose of it with diligence.

2002, c. 45, s. 27; 2004, c. 37, s. 90.

28. The Authority shall determine, by by-law, the rules of ethics and the disciplinary sanctions applicable to staff members.

2002, c. 45, s. 28; 2004, c. 37, s. 90.

29. The president and director general must, if he or she has an interest in an enterprise to which an Act the administration of which is entrusted to the Authority applies, or under which functions or powers are conferred on the president and director general, disclose that fact to the Minister, on pain of forfeiture of office.

2002, c. 45, s. 29; 2004, c. 37, s. 90.

30. The president and director general may not contract a loan with a legal person or partnership to which an Act the administration of which is entrusted to the Authority applies, or under which functions or powers are conferred on the president and director general, without the Minister having been informed of that fact in writing.

2002, c. 45, s. 30; 2004, c. 37, s. 90.

31. A superintendent, the secretary or any other member of the staff of the Authority who exercises functions or powers delegated or subdelegated to him or her with respect to the administration of any Act must, at the time determined by the president and director general, send the president and director general a list of his or her interests in any partnership or legal person to which such an Act applies, as well as a list of the loans contracted with such enterprise and on which a balance remains due together with the related conditions.

2002, c. 45, s. 31; 2004, c. 37, s. 90.

32. No proceedings may be brought against the Authority, the president and director general, a staff member or an appointed agent of the Authority by reason of acts performed in good faith in the exercise of his or her functions.

The same rule applies to every person who exercises a function or power under a delegation by the Authority and to every person or organization referred to in Chapter II of Title X of the Securities Act (chapter V-1.1) when that person or organization exercises a function or power of a person referred to in this section.

2002, c. 45, s. 32; 2004, c. 37, s. 43; 2006, c. 50, s. 113; 2008, c. 24, s. 187.

32.1. If the president and director general, a staff member or an appointed agent of the Authority is prosecuted by a third party for an act done in the exercise of the functions of office, the Authority shall assume the person’s defence and shall pay any damages awarded as compensation for the injury resulting from that act, unless the person committed a gross fault or a personal fault separable from those functions.

In penal or criminal proceedings, however, the Authority shall pay the defence costs of the president and director general, a staff member or an appointed agent only if the person had reasonable grounds to believe that his or her conduct was in conformity with the law, or was discharged or acquitted.

2004, c. 37, s. 44.

32.2. If the Authority prosecutes the president and director general, a staff member or an appointed agent for an act done in the exercise of the functions of office and loses its case, it shall pay the person’s defence costs if the court so decides.

If the Authority wins its case only in part, the court may determine the amount of the defence costs it must pay.

2004, c. 37, s. 44.

33. The Authority may, as provided by law, enter into an agreement with a government other than the Government of Québec, a department of such a government, an international organization or a body of such a government or organization.

It may also, as provided by law, enter into an agreement with the Government or one of its departments or bodies, or with a person or an organization in Québec or outside Québec, with a view to facilitating the application of this Act, one or more Acts referred to in section 7, or a foreign Act on a similar subject.

The agreement may allow the communication of any personal information to facilitate the application of any Act referred to in section 7 or of any similar legislation outside Québec.

2002, c. 45, s. 33; 2004, c. 37, s. 90; 2008, c. 7, s. 6.

33.1. After receiving authorization from the Minister, the Authority may enter into an agreement with a person, partnership or other organization in Québec or, after receiving authorization from the Government, with a person, partnership or other organization outside Québec to examine complaints filed, within the scope of the complaint examination and dispute resolution policy provided for in an Act referred to in section 7 by persons dissatisfied with the complaint examination procedure or its outcome.

Such an agreement may also include provisions allowing the person, partnership or organization, when the person, partnership or organization considers it appropriate, to act as a mediator if the parties agree.

The Authority may also retain the services of any natural person or any group of mediators to act as mediator or, with the authorization of the Government, enter into an agreement for that purpose with a body, partnership or a legal person other than a group of mediators.

2008, c. 7, s. 7.

34. The Authority shall publish a periodic bulletin to inform the financial institutions and the practitioners in the financial industry, as well as consumers and the public, on its activities. In particular, the Authority shall publish its draft regulations and regulations.

2002, c. 45, s. 34; 2004, c. 37, s. 90.

34.1. Except on a question of jurisdiction, no recourse under article 33 of the Code of Civil Procedure (chapter C-25) or extraordinary recourse within the meaning of that Code may be exercised, nor any injunction granted, against the Authority.

Any judge of the Court of Appeal may, on a motion, summarily annul any writ, order or injunction issued or granted contrary to the first paragraph.

2007, c. 15, s. 21.

35. Chapter I of Title I of the Act respecting administrative justice (chapter J‐3) applies to the decisions of the Authority.

2002, c. 45, s. 35; 2004, c. 37, s. 90.

35.1. Subject to a recourse under section 322 of the Securities Act (chapter V-1.1) or section 113 of the Derivatives Act (chapter I-14.01), the Authority may review its decisions at any time, except in the event of an error in law.

A person having rendered a decision under delegated powers may review it if justified by a new fact.

2009, c. 58, s. 32.

36. The Authority is subject to the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

2002, c. 45, s. 36; 2004, c. 37, s. 90.

CHAPTER V FINANCIAL PROVISIONS AND REPORTS

37. The Authority may, by regulation, prescribe the duties, fees and other charges payable for any formality provided for by this Act or the regulations, and for the services provided by the Authority as well as the terms and conditions of payment.

A regulation made pursuant to the first paragraph requires the approval of the Government which may approve it with or without amendment.

2002, c. 45, s. 37; 2004, c. 37, s. 90.

38. The expenses incurred for the application of this Act shall be borne, to the extent determined by the Government, by the persons, partnerships and other entities carrying on an activity governed by an Act referred to in section 7.

The Authority shall determine the share of the expenses that each person, partnership and entity must pay to it and may provide for cases of exemption, with or without conditions.

The share may vary according to categories of persons, partnerships and other entities and within the same category according to the nature of the activity they carry on, the nature of the services supplied by the Authority or the nature of the expenses the Authority incurs.

The attestation of the Authority shall establish the amount to be paid to it by each person, partnership and other entity under this section.

2002, c. 45, s. 38; 2004, c. 37, s. 90.

38.1. The Authority shall establish a fund to be known as the Education and Good Governance Fund.

The Fund is to be dedicated to educating consumers of financial products and services, protecting the public, promoting good governance and enhancing knowledge in the fields related to the mission of the Authority, according to the conditions established by the Authority.

2008, c. 7, s. 8.

38.2. Half the sums collected by the Authority from fines or administrative sanctions or penalties are paid into the Fund. However, the sums collected from sanctions under section 405.1 of the Act respecting insurance (chapter A-32), sections 115.2 and 419 of the Act respecting the distribution of financial products and services (chapter D-9.2) and section 349.1 of the Act respecting trust companies and savings companies (chapter S-29.01), except sums collected in a case determined by regulation, are paid in full into the Fund.

The interest and investment income earned on the assets of the Fund, the sums collected under paragraph 7 of section 115.9 of the Act respecting the distribution of financial products and services, paragraph 7 of section 127 of the Derivatives Act (chapter I-14.01) or paragraph 9 of section 262.1 of the Securities Act (chapter V-1.1) and any contributions received by the Authority are also paid into the Fund.

2008, c. 7, s. 8; 2008, c. 24, s. 188; 2009, c. 58, s. 33; 2011, c. 26, s. 11.

38.3. The Authority may also set up a contingency reserve in the pursuit of its mission.

2008, c. 7, s. 8.

38.4. The sums received by the Authority within the scope of the Acts it administers are deposited as and when they are received in an authorized bank or foreign bank listed in Schedule I, II or III to the Bank Act (Statutes of Canada, 1991, chapter 46) or in a financial services cooperative within the meaning of the Act respecting financial services cooperatives (chapter C-67.3).

2008, c. 7, s. 8.

38.5. The sums received by the Authority form part of its revenue, except contributions to an insurance fund or to the Fonds d’indemnisation des services financiers established by section 258 of the Act respecting the distribution of financial products and services (chapter D-9.2) and premiums paid into a deposit insurance fund maintained under section 52 of the Deposit Insurance Act (chapter A-26). Those revenues are used to pay expenditures related to the administration of the Acts referred to in section 7.

For the purposes of this Act, the sums paid into the Fund or the contingency reserve provided for in sections 38.1 and 38.3 are considered to be expenditures.

2008, c. 7, s. 8.

38.6. The Authority may, in accordance with its investment policy, invest any part of its revenue that is not needed to pay its expenditures, as well as the sums making up the Fund and the contingency reserve provided for in sections 38.1 and 38.3 of this Act, the deposit insurance fund maintained under section 52 of the Deposit Insurance Act (chapter A-26) and the Fonds d’indemnisation des services financiers established by section 258 of the Act respecting the distribution of financial products and services (chapter D-9.2)

(1)  in securities issued or guaranteed by the Government of Canada, the Gouvernement du Québec, or the government of a Canadian province or territory;

(2)  in the form of a deposit with financial institutions authorized to operate in Québec, or in certificates, notes or other securities issued or guaranteed by those financial institutions; or

(3)  in the form of a deposit with the Caisse de dépôt et placement du Québec, to be administered by the Caisse in accordance with the investment policy determined by the Authority.

2008, c. 7, s. 8.

39. The Authority may not, without the authorization of the Government

(1)  contract a loan that causes the aggregate of its outstanding loans to exceed the amount determined by the Government;

(2)  make a financial commitment in excess of the limits or in contravention of the terms and conditions determined by the Government;

(3)  acquire or transfer assets in excess of the limits or in contravention of the terms and conditions determined by the Government.

The Authority may not accept any gift or legacy. Nor may it receive any financial contribution except

(1)  a financial contribution from the Gouvernement du Québec or from another government in Canada, a department or agency of such a government, a municipality or an agency of a municipality in order to participate in projects related to the Authority’s mission within the framework of an agreement under section 33 between that government, department, municipality or agency and the Authority; or

(2)  a financial contribution referred to in the second paragraph of section 38.2.

2002, c. 45, s. 39; 2004, c. 37, s. 90; 2008, c. 7, s. 9.

40. The Government may, on the conditions it determines

(1)  guarantee the payment, in principal and interest, of any loan contracted by the Authority and any of its obligations;

(2)  authorize the Minister of Finance to advance any amount to the Authority that is considered necessary for the performance of its obligations or the pursuit of its mission.

The sums required for the purposes of this section shall be taken out of the Consolidated Revenue Fund.

2002, c. 45, s. 40; 2004, c. 37, s. 90.

41. The fiscal year of the Authority ends on 31 March.

2002, c. 45, s. 41; 2004, c. 37, s. 90.

42. The Authority must file with the Minister, no later than 31 July each year, its financial statements and a report on its activities for the previous fiscal year.

The financial statements and activity report must contain all the information required by the Minister.

The activity report of the Authority may assemble all the activity reports that must be filed by the Authority under any Act.

2002, c. 45, s. 42; 2004, c. 37, s. 90.

43. The Minister shall table the activity report and the financial statements of the Authority before the National Assembly within 30 days of their receipt or, if the Assembly is not sitting, within 30 days of resumption.

2002, c. 45, s. 43; 2004, c. 37, s. 90.

43.1. The Authority shall provide the Minister with any information and any other report required by the Minister concerning its activities.

2008, c. 7, s. 10.

43.2. No later than 31 July each year, the Authority must file with the Chair of the Conseil du trésor, for the previous fiscal year, a financial report and a report on its activities relating to the administration of Chapter V.2 of the Act respecting contracting by public bodies (chapter C-65.1).

The reports must contain all the information required by the Chair.

2012, c. 25, s. 28.

44. The books and accounts of the Authority shall be audited by the Auditor General each year and whenever the Government so orders.

The Auditor General’s report must be filed with the activity report, the financial statements and the financial report of the Authority.

2002, c. 45, s. 44; 2004, c. 37, s. 90; 2012, c. 25, s. 29.

45. The Authority must furnish to the Minister any information required by the Minister concerning its activities.

2002, c. 45, s. 45; 2004, c. 37, s. 90.

46. The Authority shall establish a plan of activities according to the form, content and timetable determined by the Government. The plan requires the approval of the Government.

2002, c. 45, s. 46; 2004, c. 37, s. 90.

47. Every year, the Authority shall submit to the Minister its budget estimates for the following fiscal year, at the time, and according to the form and content determined by the Minister.

The estimates require the approval of the Government.

2002, c. 45, s. 47; 2004, c. 37, s. 90.

TITLE II CONSEIL CONSULTATIF DE RÉGIE ADMINISTRATIVE

CHAPTER I ESTABLISHMENT

48. The “Conseil consultatif de régie administrative”, hereinafter called the “Council”, is established within the Authority.

2002, c. 45, s. 48; 2004, c. 37, s. 90.

49. The Council is composed of seven members, including a chair, appointed by the Minister.

These persons are chosen for their knowledge of the financial industry as well as for their expertise in the area of administrative management.

However, a person holding employment or an office or exercising a function for a person, partnership or any other entity governed by this Act or an Act referred to in section 7 may not be appointed as member of the Council.

The same applies to a person holding employment or an office or exercising a function or receiving any form of compensation, pecuniary benefit or any other income of any nature whatever that may, directly or indirectly, place the person’s interest in conflict with the person’s duties as a member of the Council.

2002, c. 45, s. 49.

50. The members of the Council shall be appointed for a term of not more than three years, which may be renewed twice only. Their terms must be staggered so as to tend toward not more than a third of them expiring in the same year.

At the end of the term, the members of the Council remain in office until they are reappointed or replaced.

2002, c. 45, s. 50; 2011, c. 26, s. 12.

51. Any vacancy occurring during a term of office shall be filled by the Minister for the time specified in section 50.

2002, c. 45, s. 51.

52. The members of the Council shall receive no remuneration except in the cases, on the conditions and to the extent determined by the Government.

The members are, however, entitled to the reimbursement of expenses incurred in the exercise of their functions on the conditions and to the extent determined by the Government.

2002, c. 45, s. 52.

53. The Council meets as often as necessary, at the request of the chair or of a majority of the members.

The Council may sit anywhere in Québec.

2002, c. 45, s. 53.

54. No instrument, document or writing binds the Council unless it has been signed by the chair or by a member of the Council authorized to do so in the by-laws of the Council.

2002, c. 45, s. 54.

55. The minutes of the sittings of the Council, approved by the latter and certified true by the chair or by a member of the Council authorized to do so in the by-laws of the Council, are authentic. The same applies to the documents and copies emanating from the Council or forming part of its records when signed and certified true by any of those persons.

2002, c. 45, s. 55.

56. No member of the Council may, unless duly authorized, disclose or communicate to any other person confidential information that has come to his or her knowledge in the exercise of or in connection with the exercise of the member’s functions. No member shall use information so obtained for personal benefit or that of a third person.

2002, c. 45, s. 56.

CHAPTER II FUNCTIONS

57. With respect to the Authority, the functions of the Council are

(1)  to advise the Authority on the compatibility of its actions with its mission;

(2)  to advise the Authority on its corporate governance, in particular as regards its budget estimates, staffing plan and activity plan;

(3)  to make recommendations to the president and director general of the Authority concerning the appointment of superintendents of the Authority;

(4)  to report to the Minister on any matter submitted to it by the Minister and make recommendations concerning the administration of the Authority and the efficient use of its resources.

2002, c. 45, s. 57; 2004, c. 37, s. 90.

57.1. The Council may, in exercising its functions, require any document or information relating to the administration of the Authority. The officers, employees and mandataries of the Authority must, on request, communicate such documents or information to the Council and facilitate their examination.

2011, c. 26, s. 13.

58. Not later than 31 July each year, the Council must submit a report to the Minister on its activities for the previous fiscal year. The Council’s report shall be appended to the activity report of the Authority.

2002, c. 45, s. 58; 2004, c. 37, s. 90.

TITLE III SELF-REGULATORY ORGANIZATIONS

CHAPTER I RECOGNITION OF SELF-REGULATORY ORGANIZATIONS

59. A legal person, a partnership or any other entity whose objectives are related to the mission of the Authority may, on the conditions determined by the latter, be recognized as a self-regulatory organization responsible for supervising an activity governed by an Act referred to in Schedule 1.

2002, c. 45, s. 59; 2004, c. 37, s. 90.

60. A legal person, a partnership or any other entity may monitor or supervise the conduct of its members or participants as regards the carrying on, in Québec, of an activity governed by an Act referred to in Schedule 1 only if it is recognized by the Authority as a self-regulatory organization, on the conditions determined by the Authority.

2002, c. 45, s. 60; 2004, c. 37, s. 90.

61. Subject to the applicable legislative provisions, the Authority may, on the conditions it determines, delegate to a recognized organization the exercise of all or part of the functions and powers conferred on it by law.

Such a delegation of functions and powers shall be subject to the approval of the Government, except where it concerns an exchange or clearing house that is subject to section 17 of the Derivatives Act (chapter I-14.01) or where it concerns the carrying on of securities exchange or clearing activities and is made to a legal person, a partnership or any other entity referred to in the second paragraph of section 170 of the Securities Act (chapter V-1.1) that carries on securities exchange or clearing activities.

The Authority’s powers to make regulations, define a policy statement or establish a guideline that are provided for in an Act referred to in section 7 may not, however, be delegated.

2002, c. 45, s. 61; 2004, c. 37, s. 90; 2006, c. 50, s. 114; 2009, c. 58, s. 34.

62. The recognized organization may, with prior authorization from the Authority, delegate its functions and powers to a committee formed by it or to a member of its staff.

2002, c. 45, s. 62; 2004, c. 37, s. 90.

63. No proceedings may be brought against an organization recognized by the Authority or any person exercising a function or power delegated by the Authority by reason of acts performed in good faith in the exercise of the function or power.

The same rule applies to every person or organization referred to in Chapter II of Title X of the Securities Act (chapter V-1.1) when that person or organization exercises a function or power of a person referred to in the first paragraph.

2002, c. 45, s. 63; 2004, c. 37, s. 90; 2006, c. 50, s. 115.

63.1. Except on a question of jurisdiction, no recourse under article 33 of the Code of Civil Procedure (chapter C-25) or extraordinary recourse within the meaning of that Code may be exercised, nor any injunction granted, against a self-regulatory organization in the exercise of the powers delegated to it under this division.

Any judge of the Court of Appeal may, on a motion, summarily annul any writ, order or injunction issued or granted contrary to the first paragraph.

2007, c. 15, s. 22.

64. The recognized organization may not renounce the exercise of functions or powers without prior authorization from the Authority. The Authority may make its authorization subject to the conditions it considers necessary for the protection of the members or participants of the organization, or of the public.

2002, c. 45, s. 64; 2004, c. 37, s. 90.

65. An application for recognition or for a delegation of functions or powers, or an application for the modification of a recognition decision or a delegation of functions or powers, must be filed with the documents and information required by the Authority.

2002, c. 45, s. 65; 2004, c. 37, s. 90; 2008, c. 24, s. 189.

66. The Authority shall publish in its bulletin a notice of the application and invite interested parties to submit their observations in writing.

The first paragraph does not apply to an application for the modification of a recognition decision that does not significantly alter the activities exercised by the applicant.

2002, c. 45, s. 66; 2004, c. 37, s. 90; 2008, c. 24, s. 190; 2013, c. 18, s. 8.

67. The recognition of a legal person, partnership or other entity is subject to the discretion of the Authority.

The Authority shall exercise its discretion in the public interest. Recognition must, in particular, secure effective supervision of the financial industry in Québec, promote the development and soundness in the operation of the financial industry and foster the protection of the public.

2002, c. 45, s. 67; 2004, c. 37, s. 90.

68. The Authority shall grant recognition to a legal person, a partnership or an entity if it considers that the legal person, partnership or entity has the administrative structure and the financial resources and other resources necessary to exercise its functions and powers in an objective, fair and efficient manner.

Before granting recognition to a legal person, a partnership or an entity, the Authority must

(1)  ascertain that its constituting documents, by-laws and operating rules comply with sections 69 and 70; and

(2)  make sure that the provisions applicable to its members or subscribers will ensure its compliance with sections 70.1 and 71.

2002, c. 45, s. 68; 2004, c. 37, s. 90; 2013, c. 18, s. 9.

69. The Authority must be satisfied that the constituting documents, by-laws and operating rules of the legal person, partnership or entity allow the power to make decisions relating to the supervision of an activity governed by an Act referred to in Schedule 1 to be exercised mainly by persons residing in Québec.

2002, c. 45, s. 69; 2004, c. 37, s. 90.

70. In the case of a legal person, partnership or entity referred to in section 60, the constituting documents, by-laws and operating rules must allow the imposition of disciplinary sanctions for any violation of the by-laws or operating rules or contravention of the law.

2002, c. 45, s. 70; 2013, c. 18, s. 10.

70.1. A recognized organization must

(1)  allow unrestricted membership for any person who meets the admission criteria;

(2)  ensure equal access to the services offered; and

(3)  be able to exercise its functions and powers while avoiding and regulating conflicts of interest.

2013, c. 18, s. 11.

71. A recognized organization cannot, by any provision or practice, restrict competition between its members or its participants unless the provision or practice has been authorized by the Authority.

The Authority shall only authorize provisions or practices it considers necessary for the protection of the public. The Authority may subject its authorization to the conditions and restrictions it determines.

2002, c. 45, s. 71; 2004, c. 37, s. 90; 2013, c. 18, s. 12.

72. The Authority may, by regulation, confer on some of the rules or standards established by a recognized organization, and any amendments made thereto, the force and effect of a regulation made under an Act referred to in Schedule 1.

A regulation made under this section requires the approval of the Government with or without amendment.

A draft regulation shall also be published in the Authority’s bulletin, accompanied with the notice required under section 10 of the Regulations Act (chapter R‐18.1).

A draft regulation may not be submitted for approval before the expiry of a period of 30 days from the day of its publication.

The regulation comes into force on the date of its publication in the Gazette officielle du Québec or on any later date specified in the regulation. It shall also be published in the Authority’s bulletin.

2002, c. 45, s. 72; 2004, c. 37, s. 90.

73. The Authority may, on the conditions it determines, exempt a legal person, partnership, an entity or a recognized organization from all or part of the requirements of this Title where it considers that the exemption does not adversely affect the protection of the public.

Such an exemption must be submitted to the Government for approval, except where it concerns an exchange or clearing house that is subject to section 17 of the Derivatives Act (chapter I-14.01) or where it concerns a securities exchange or clearing activity and where it is granted to a legal person, partnership or other entity referred to in section 170 of the Securities Act (chapter V-1.1) that carries on a securities exchange or clearing activity.

2002, c. 45, s. 73; 2004, c. 37, s. 90; 2006, c. 50, s. 116; 2009, c. 58, s. 35; 2013, c. 18, s. 13.

CHAPTER II CONTROL EXERCISED BY THE AUTHORITY

2004, c. 37, s. 90.

74. Every draft amendment pertaining to the constituting documents, the by-laws or the operating rules of a recognized organization requires the approval of the Authority.

The same rule applies to any draft amendment pertaining to a practice or provision of a document, other than those referred to in the first paragraph, if the practice or provision was authorized by the Authority under section 71.

2002, c. 45, s. 74; 2004, c. 37, s. 90; 2013, c. 18, s. 14.

75. The amendment is deemed to be approved on the expiry of a period of 30 days, or any other period agreed with the organization concerned, unless the Authority has invited it to present observations on the merits of the proposed amendment.

2002, c. 45, s. 75; 2004, c. 37, s. 90.

76. The Authority may, at any time, suspend, according to the terms and conditions it considers appropriate, the application of a provision of the by-laws or operating rules of a recognized organization.

2002, c. 45, s. 76; 2004, c. 37, s. 90.

77. The Authority may order a recognized organization to amend a provision or practice where it considers that an amendment is necessary to render such provision or practice consistent with the applicable legislative provisions.

2002, c. 45, s. 77; 2004, c. 37, s. 90; 2013, c. 18, s. 15.

78. The Authority has the power to inspect the affairs of a recognized organization to ascertain the extent to which it complies with the provisions of the Acts and recognition requirements that are applicable to it and the decisions of the Authority and the manner in which it exercises its functions and powers.

2002, c. 45, s. 78; 2004, c. 37, s. 90.

79. Sections 9 to 11 and sections 18 and 19 apply, with the necessary modifications, to the inspection of a recognized organization.

2002, c. 45, s. 79.

80. The Authority may order a recognized organization to take a course of action if the Authority considers it necessary for the soundness of operation of that organization or the protection of the public.

2002, c. 45, s. 80; 2004, c. 37, s. 90.

81. Within the scope of the exercise of its functions and powers, a recognized organization must, before rendering a decision unfavourably affecting the rights of a person, partnership or entity, give the person, partnership or entity an opportunity to present observations.

The second, third and fourth paragraphs of section 90 apply, with the necessary modifications.

2002, c. 45, s. 81.

82. A recognized organization examining a disciplinary matter must do so at a public sitting.

However, it may, on its own initiative or on request, order a closed-door hearing or prohibit the publication or release of information or documents indicated by it in the interest of good morals or public order.

2002, c. 45, s. 82.

82.1. Once the time allotted for applying for a review of a decision by a recognized organization calling for a disciplinary sanction has expired, the decision may be homologated by the Superior Court or the Court of Québec according to their respective jurisdictions.

Once homologated, the decision becomes enforceable as a judgment of that Court.

2013, c. 18, s. 16.

83. A recognized organization shall, as soon as possible, communicate to the Authority its decisions rendered in the exercise of its functions and powers concerning the admission of a member or a disciplinary matter.

2002, c. 45, s. 83; 2004, c. 37, s. 90.

84. A person, partnership or other entity directly affected by a decision rendered in the exercise of a power sub-delegated pursuant to section 62 may within 30 days apply for a review of the decision by the recognized organization.

2002, c. 45, s. 84.

85. A person, partnership or other entity directly affected by a decision rendered by a recognized organization may within 30 days apply for a review of the decision by the Authority.

The Authority may review such a decision on its own initiative.

2002, c. 45, s. 85; 2004, c. 37, s. 45.

86. A recognized organization shall file with the Authority, within 90 days after the end of its fiscal year, the financial statements, the auditor’s report and any other information, according to the requirements set by the Authority.

2002, c. 45, s. 86; 2004, c. 37, s. 90.

87. A recognized organization shall keep and maintain the books, registers or other documents determined by the Authority.

2002, c. 45, s. 87; 2004, c. 37, s. 90.

88. A recognized organization that wishes to terminate its activities must apply for authorization to the Authority.

The Authority shall give the authorization on the conditions it determines where it believes the interests of the organization’s members and the public are sufficiently protected.

2002, c. 45, s. 88; 2004, c. 37, s. 90.

89. The Authority may, at any time, modify, suspend or withdraw all or part of the recognition granted to an organization if it considers that the organization has failed to comply with undertakings given to the Authority or is of the opinion that the interests of the organization’s members or the public would be better protected.

The Authority may also, for the same reasons, modify, suspend or withdraw an exemption granted to a legal person, a partnership, an entity or a recognized organization.

2002, c. 45, s. 89; 2004, c. 37, s. 90; 2013, c. 18, s. 17.

90. The Authority must, before making a decision or an order under section 76, 77, 80 or 89, give the organization concerned notice in writing of its intentions indicating the grounds on which it is based, the date on which the order is to take effect and the right of the organization to present observations or produce documents to complete the file.

However, the Authority may, without prior notice, make a decision or a provisional order valid for a period not exceeding 15 days if the Authority is of the opinion that there is urgency or that any period of time granted to the organization concerned to present observations may be detrimental.

The decision or order must state the reasons on which it is based and becomes effective on the day it is served on the organization to which it applies. That organization may, within six days of receiving the decision or order, present observations to the Authority.

The Authority may revoke a decision or order made under those sections.

2002, c. 45, s. 90; 2004, c. 37, s. 90.

91. The costs incurred by the Authority for the administration of this Title shall be borne by the recognized self-regulatory organizations.

Such costs, established for each self-regulatory organization by the Authority at the end of its fiscal year, shall comprise a minimum contribution fixed by the Authority and the amount, if any, by which actual costs exceed the contribution. The actual costs shall be established on the basis of the rate schedule established by regulation.

A regulation made pursuant to this section requires the approval of the Government, which may approve it with or without amendment.

The amount to be paid by each organization is set out in a certificate issued by the Authority.

2002, c. 45, s. 91; 2004, c. 37, s. 90; 2008, c. 24, s. 191.

TITLE IV BUREAU DE DÉCISION ET DE RÉVISION

2009, c. 58, s. 36.

CHAPTER I ESTABLISHMENT, OPERATION AND POWERS

2009, c. 58, s. 37.

92. A board called the “Bureau de décision et de révision” is hereby established.

2002, c. 45, s. 92; 2009, c. 58, s. 38.

93. On the request of the Authority or of any interested person, the board shall exercise the functions and powers assigned to it under this Act, the Act respecting the distribution of financial products and services (chapter D-9.2), the Money-Services Businesses Act (chapter E-12.000001), the Derivatives Act (chapter I-14.01) and the Securities Act (chapter V-1.1).

The board shall exercise its discretion in the public interest.

The board may not, when assessing the facts or the law for the purposes of those Acts, substitute its assessment of the public interest for that made by the Authority in making a decision.

2002, c. 45, s. 93; 2004, c. 37, s. 90; 2006, c. 50, s. 117; 2008, c. 7, s. 11; 2008, c. 24, s. 192; 2009, c. 58, s. 39; 2011, c. 26, s. 14; 2010, c. 40, Sch. I, s. 79.

94. At the request of the Authority, the board may take any measure conducive to ensuring compliance with an undertaking given under this Act, the Act respecting the distribution of financial products and services (chapter D-9.2), the Money-Services Businesses Act (chapter E-12.000001), the Derivatives Act (chapter I-14.01) or the Securities Act (chapter V-1.1) or compliance with those Acts.

2002, c. 45, s. 94; 2004, c. 37, s. 90; 2008, c. 24, s. 193; 2009, c. 58, s. 40; 2010, c. 40, Sch. I, s. 80.

95. The head office of the board shall be situated at the place determined by the Government; notice of the address of the head office shall be published in the Gazette officielle du Québec and in the bulletin published under section 34.

2002, c. 45, s. 95; 2009, c. 58, s. 41.

96. (Repealed).

2002, c. 45, s. 96; 2009, c. 58, s. 42.

97. The board shall be composed of members appointed by the Government, the number of which it shall determine.

The term of office of a member shall be five years.

The Government may determine a shorter term of office of a fixed duration in the instrument of appointment where the candidate so requests for a valid reason or where required by special circumstances stated in the instrument of appointment.

A member of the board who has been replaced shall continue the matters of which he or she had been seized.

2002, c. 45, s. 97.

98. No member of the board shall, on pain of forfeiture of office, have a direct or indirect interest in an enterprise or organization that may cause his or her personal interest to conflict with the duties of his or her office, except if the interest devolves to him or her by succession or gift, provided he or she renounces or disposes of it with diligence.

2002, c. 45, s. 98.

99. The Government shall designate, from among the members of the board, a chair and the number of deputy chairs, it determines.

They shall exercise their functions on a full-time basis.

The chair shall coordinate and assign the work of the members.

2002, c. 45, s. 99.

100. The Government shall designate the deputy chair who shall exercise the functions of the chair when the chair is absent or unable to act.

2002, c. 45, s. 100.

101. The Government shall determine the remuneration, employee benefits and other conditions of employment of the members of the board.

Once determined, a member’s remuneration may not be reduced.

Notwithstanding the foregoing, the additional remuneration attaching to the duties of chair and deputy chair of the board shall cease when those functions cease to be exercised.

2002, c. 45, s. 101.

102. The pension plan of the full-time members of the board shall be determined pursuant to the Act respecting the Pension Plan of Management Personnel (chapter R‐12.1).

2002, c. 45, s. 102.

103. A decision of the board shall be rendered by a single member.

The chair may, where he or she considers it expedient by reason of the complexity or importance of a matter, provide for a panel composed of two or more members.

In the event of a tie, the chair or the presiding deputy chair shall have a casting vote.

2002, c. 45, s. 103.

104. The secretary of the board and the other staff members of the board shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

No proceedings shall be instituted against the board, the chair, a deputy chair, the members, the secretary or another staff member by reason of an act performed in good faith in the exercise of their functions.

The same rule applies to every person or organization referred to in Chapter II of Title X of the Securities Act (chapter V-1.1) when that person or organization exercises a function or power of a person referred to in the second paragraph.

2002, c. 45, s. 104; 2004, c. 37, s. 46; 2006, c. 50, s. 118.

104.1. Except on a question of jurisdiction, no recourse under article 33 of the Code of Civil Procedure (chapter C-25) or extraordinary recourse within the meaning of that Code may be exercised and no injunction may be granted against the board or a person or body referred to in section 104.

A judge of the Court of Appeal may, on a motion, summarily annul any decision rendered or order or injunction issued contrary to the first paragraph.

2004, c. 37, s. 47.

104.2. If the chair, a deputy chair or another member of the board is prosecuted by a third party for an act done in the exercise of the functions of office, the board shall assume the person’s defence and shall pay any damages awarded as compensation for the injury resulting from that act, unless the person committed a gross fault or a personal fault separable from those functions.

In penal or criminal proceedings, however, the board shall pay the defence costs of the chair, a deputy chair or another member of the board only if the person had reasonable grounds to believe that the conduct was in conformity with the law, or was discharged or acquitted.

2004, c. 37, s. 47.

104.3. If the board prosecutes the chair, a deputy chair or another member of the board for an act done in the exercise of the functions of office and loses its case, it shall pay the person’s defence costs if the court so decides.

If the board wins its case only in part, the court may determine the amount of the defence costs it must pay.

2004, c. 37, s. 47.

105. The secretary shall have custody of the records of the board.

2002, c. 45, s. 105.

106. The documents emanating from the board are authentic if they are signed or, in the case of copies, if they are certified true by a member of the board, by the secretary or by any other person designated by the chair of the board.

2002, c. 45, s. 106.

107. The decisions of the board shall be published in the bulletin provided for in section 34.

2002, c. 45, s. 107.

108. The Government may make regulations to establish the tariff of duties, fees and other charges related to applications heard by the board as well as the categories of persons who may be exempted therefrom.

2002, c. 45, s. 108.

109. The fiscal year of the board ends on 31 March.

2002, c. 45, s. 109.

110. The chair of the board shall submit each year to the Minister the budget estimates of the board for the following fiscal year, according to the form, content and at the time determined by the Minister. The estimates shall be submitted to the Government for approval.

The budgetary estimates for the board present, with respect to the fund of the board, the elements listed in subparagraphs 1 to 5 of the second paragraph of section 47 of the Financial Administration Act (chapter A-6.001) and, if applicable, the excess amount referred to in section 52 of that Act.

The third paragraph of section 47 of the Financial Administration Act does not apply to the fund of the board.

The budgetary estimates for the board, once approved by the Government, are sent to the Minister of Finance who includes the elements relating to the fund of the board in the special funds budget.

2002, c. 45, s. 110; 2011, c. 18, s. 102.

111. The books and accounts of the board shall be audited by the Auditor General each year and whenever the Government so orders.

2002, c. 45, s. 111.

112. Not later than 31 July each year, the board shall submit to the Minister its financial statements as well as a report on its activities for the previous fiscal year.

The report shall not refer by name to any person involved in an application heard by the board.

2002, c. 45, s. 112.

113. The Minister shall table the activity report and the financial statements of the board before the National Assembly within 30 days of their receipt or, if the Assembly is not sitting, within 30 days of resumption.

The Auditor General’s report must accompany the activity report and the financial statements of the board.

2002, c. 45, s. 113.

114. The amounts required for the application of this Title are debited from the fund of the board.

The fund shall be made up of

(1)  the sums paid by the Authority in the amount and according to the terms and conditions determined by the Government;

(2)  the sums collected pursuant to the tariff of duties, fees and other charges related to applications heard by the board;

(3)  the sums transferred to it by the Minister of Finance under the first paragraph of section 54 of the Financial Administration Act (chapter A-6.001).

Despite section 51 of the Financial Administration Act, the books of account of the fund of the board need not be kept separately from the books and accounts of the board.

2002, c. 45, s. 114; 2004, c. 37, s. 90; 2009, c. 58, s. 43; 2011, c. 18, s. 103.

115. Section 53, the second paragraph of section 54 and section 56 of the Financial Administration Act (chapter A-6.001) do not apply to the fund of the board.

2002, c. 45, s. 115; 2009, c. 58, s. 44; 2011, c. 18, s. 104.

CHAPTER II RULES APPLICABLE TO HEARINGS AND DECISIONS OF THE BOARD

2009, c. 58, s. 45.

115.1. The board may, within the scope of its powers, hold hearings in conjunction with and consult with any authority responsible for supervising the distribution of financial products and services, regulating money-services businesses or supervising the marketing or distribution of derivatives or securities.

2009, c. 58, s. 45; 2010, c. 40, Sch. I, s. 81.

115.2. The board shall determine the rules of procedure applicable to its hearings.

2009, c. 58, s. 45.

115.3. The first paragraph of section 6 and sections 9, 10, 11, 12, 13 and 16 of the Act respecting public inquiry commissions (chapter C-37) apply to the hearings, with the necessary modifications.

The board has, for the purposes of a hearing, all the powers of a judge of the Superior Court, except the power to order imprisonment.

2009, c. 58, s. 45.

115.4. No person called upon to testify in the course of a hearing or being examined under oath may refuse to answer or to produce any document on the ground that he or she might thereby be incriminated or exposed to a penalty or civil proceedings, subject to the Canada Evidence Act (R.S.C. 1985, c. C-5).

2009, c. 58, s. 45.

115.5. The board may require the submission or delivery of any document related to the object of the hearing. The board has the power to return such documents or to determine what should be done with them.

A person who has delivered documents to the board may inspect them or copy them at the person’s own expense, by arrangement with the board.

2009, c. 58, s. 45.

115.6. By way of exception, the board may suspend the holding of a hearing until the applicant undertakes to pay the cost of the research work that the board considers necessary in order to rule on the issue submitted to it.

Similarly, the board may require one of the parties to pay the representation costs incurred by investors or clients or, if it is in the public interest, it may pay such costs itself.

2009, c. 58, s. 45.

115.7. Any person appearing before the board may request that the hearing be recorded, at the person’s own expense. If the person requests that the hearing be transcribed, the person is required, at the request of the board, to provide it with a copy of the transcript.

2009, c. 58, s. 45.

115.8. The board, before rendering a decision that adversely affects the rights of a person, must give the person an opportunity to be heard.

2009, c. 58, s. 45.

115.9. A decision adversely affecting the rights of a person may, where it is imperative to do so, be rendered without a prior hearing.

In such a case, the person concerned has 15 days after the decision is rendered to file a notice of contestation with the board.

2009, c. 58, s. 45; 2011, c. 26, s. 15.

115.10. For the purpose of rendering a decision, the board may, within the scope of a consultation mechanism established by a regulation under the Derivatives Act (chapter I-14.01) or the Securities Act (chapter V-1.1) or by an agreement under the second paragraph of section 33, consider a factual analysis prepared by the personnel of an organization pursuing similar objects.

2009, c. 58, s. 45.

115.11. The board must give reasons for every decision that adversely affects the rights of a person.

2009, c. 58, s. 45.

115.12. The board or any interested person may file an authentic copy of a decision of the board with the Superior Court in the district in which the residence or domicile of the person who is the subject of the decision is situated or, if the person has neither residence nor domicile in Québec, at the office of the Superior Court of the district of Montréal.

The decision on being filed becomes enforceable in the same way as, and has all the effects of, a decision of the Superior Court.

2009, c. 58, s. 45; 2011, c. 26, s. 16.

115.13. On its own initiative or at the request of one of the parties, the board may rectify a decision containing a clerical error, a mistake in calculation or any other error of form.

2009, c. 58, s. 45.

115.14. The board may review its decisions at any time, except in the case of an error in law.

2009, c. 58, s. 45.

115.15. An application to the board for a review of a decision does not suspend the execution of the decision, unless the board decides otherwise.

2009, c. 58, s. 45.

CHAPTER III APPEAL

2009, c. 58, s. 45.

115.16. Any person directly interested in a final decision of the board may appeal the decision to the Court of Québec.

2009, c. 58, s. 45.

115.17. The appeal is brought by filing a notice to that effect with the secretary of the board within 30 days from the date of the contested decision.

Filing of the notice is in lieu of service on the board.

2009, c. 58, s. 45.

115.18. The secretary shall immediately send the notice to the office of the Court of Québec, together with two copies of the contested decision.

2009, c. 58, s. 45.

115.19. The appeal is governed by articles 491 to 524 of the Code of Civil Procedure (chapter C-25), with the necessary modifications. However, the parties are required to file only two copies of the factum of their pretensions.

2009, c. 58, s. 45.

115.20. The rules of practice of the Court of Appeal in civil matters also apply, except that the secretary of the board is substituted for the clerk of the Superior Court.

2009, c. 58, s. 45.

115.21. An appeal does not suspend the execution of the contested decision, unless the board or a judge of the Court of Québec decides otherwise.

2009, c. 58, s. 45.

115.22. The decision of the Court of Québec may be appealed to the Court of Appeal with leave of a judge of that court.

2009, c. 58, s. 45.

TITLE V BUREAU DE TRANSITION

CHAPTER I STRUCTURE AND ORGANIZATION

116. A transition bureau called the “Bureau de transition de l’encadrement du secteur financier” is hereby established. It shall be composed of five members, including a chair, appointed by the Minister.

Not in force

The chair and at least two other members shall exercise their functions on a full-time basis.

No person who is a member or employee of an organization mentioned in Schedule 2 may be a member of the Bureau de transition.

2002, c. 45, s. 116.

117. The Bureau de transition is a legal person and a mandatary of the State.

The property of the Bureau forms part of the domain of the State but the execution of the obligations of the Bureau may be levied against its property.

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

2002, c. 45, s. 117.

118. The Bureau de transition has its head office at the location determined by the Minister. A notice of the location, and of any change in its location, shall be published in the Gazette officielle du Québec.

2002, c. 45, s. 118.

119. The Bureau de transition is not a body forming part of the Administration within the meaning of the Public Administration Act (chapter A-6.01).

2002, c. 45, s. 119.

120. A member of the Bureau de transition shall receive the remuneration and allowances determined by the Minister.

The Minister may determine any other condition of employment of a member and, in particular, the rules pertaining to the reimbursement of expenses incurred by the members in the exercise of their functions.

2002, c. 45, s. 120.

121. No instrument, document or writing binds the Bureau de transition unless it is signed by the chair, the secretary or by another staff member of the Bureau and, in the latter case, only to the extent determined by by-law of the Bureau.

The Bureau may, on the conditions and for the documents it determines by by-law, allow a signature to be affixed by means of an automatic device or a facsimile to be engraved, lithographed or printed. However, the facsimile shall have the same value as the signature itself only if the document is countersigned by a person authorized by the chair.

2002, c. 45, s. 121.

122. The minutes of the sittings of the Bureau de transition, approved by the latter and certified true by the chair, the secretary or another staff member authorized to do so by by-law, are authentic. The same applies to documents and copies emanating from the Bureau or forming part of its records if they are signed or certified true by any of such persons.

2002, c. 45, s. 122.

123. The Minister shall appoint the secretary of the Bureau de transition and determine his or her remuneration and other conditions of employment.

The secretary shall attend the sittings of the Bureau. The secretary shall keep the registers and have custody of the records and documents of the Bureau and shall exercise any other responsibility the Bureau determines.

If the secretary is unable to act, the Bureau may temporarily replace the secretary by assigning another person to act as secretary. One of the members of the Bureau may also act as secretary if the secretary is unable to act.

2002, c. 45, s. 123.

124. The Bureau de transition may hire the employees required for the discharge of its responsibilities and determine their conditions of employment. It may also retain the services of experts that it considers necessary.

2002, c. 45, s. 124.

125. The members and the employees of the Bureau de transition as well as the employees assigned to the Bureau by a body under section 144 may not be prosecuted by reason of official acts done in good faith in the exercise of their functions. Section 32 of the Public Service Act (chapter F-3.1.1) applies, with the necessary modifications, to such members and employees.

The Government shall assume any responsibility that may be attached to the protection of members and employees under the first paragraph.

2002, c. 45, s. 125.

126. The Bureau de transition may not, without the authorization of the Government, contract a loan that causes the total of its current outstanding loans to exceed the amount determined by the Government.

2002, c. 45, s. 126.

127. The Government may, subject to the conditions it determines,

(1)  guarantee the payment, in principal and interest, of any loan contracted by the Bureau de transition and any of its obligations;

(2)  authorize the Minister of Finance to advance to the Bureau any amount considered necessary for the performance of its obligations and the pursuit of its mission.

The sums required for the purposes of this section shall be taken out of the Consolidated Revenue Fund.

2002, c. 45, s. 127.

128. The provisions of the Act respecting guarantee fees in respect of loans obtained by government agencies (chapter F-5.1) do not apply to the Bureau de transition.

2002, c. 45, s. 128.

129. The Government may, on the conditions and according to the terms it determines, authorize the Minister of Finance to grant the Bureau de transition any sum the Minister considers necessary for its operation.

Such sums shall be taken out of the Consolidated Revenue Fund.

2002, c. 45, s. 129.

130. Unless otherwise provided in a government order, the mandate of the Bureau de transition shall end on 6 February 2004.

After that date, the members and the secretary of the Bureau and any other employee designated by the chair shall remain in office for the time required to prepare and finalize the report to be submitted under section 155.

2002, c. 45, s. 130.

131. Within three months after the end of the mandate of the Bureau de transition, the chair shall draw up a notice of dissolution in respect of the Bureau de transition. The notice shall be published in the Gazette officielle du Québec.

On the date of publication of the notice of dissolution, the Bureau de transition is dissolved. The property, rights and obligations of the Bureau de transition are transferred to the Authority.

2002, c. 45, s. 131; 2004, c. 37, s. 90.

CHAPTER II MISSION

132. The mission of the Bureau de transition is the setting up of the Autorité des marchés financiers.

It shall, in addition, facilitate the implementation of the new regulatory framework for the financial sector and make the promotion thereof among the practitioners of the financial industry.

It shall also inform the public on the new regulatory framework that applies in Québec’s financial sector and on the new measures put in place for the protection of the public.

2002, c. 45, s. 132; 2004, c. 37, s. 90.

CHAPTER III OPERATION, POWERS AND RESPONSIBILITIES

DIVISION I OPERATION AND POWERS

133. The decisions of the Bureau de transition shall be made at a sitting of the Bureau de transition.

The quorum at a sitting of the Bureau de transition is a majority of the members.

2002, c. 45, s. 133.

134. Subject to the second paragraph of section 143, the Bureau de transition shall, during its mandate, provide the organizations referred to in Schedule 3 with any information it considers advisable to inform them of the progress of its mission.

The Minister may issue directives to the Bureau in that respect.

2002, c. 45, s. 134.

135. The Bureau de transition may adopt by-laws to establish its operating rules.

2002, c. 45, s. 135.

136. An advisory committee to the Bureau de transition is hereby established.

The members of the committee, at least three of whom shall be from the Bureau des services financiers, the Inspector General of Financial Institutions and the Commission des valeurs mobilières du Québec, shall be appointed by the Minister.

2002, c. 45, s. 136.

137. The Bureau de transition may seek the advice of the advisory committee on any matter. The advisory committee may communicate to the Bureau de transition its opinion on any matter related to the Bureau’s mandate.

2002, c. 45, s. 137.

138. The Bureau de transition shall hold at least one meeting each month with the advisory committee. Any member of the advisory committee who is unable to attend may be replaced by a person he or she designates.

The by-laws of the Bureau de transition may prescribe the operating rules of the advisory committee.

2002, c. 45, s. 138.

139. The Bureau de transition may set up any other committee to examine specific matters, determine its method of operation and designate its members, including the chair.

A committee may include a member who is not a member of the Bureau.

2002, c. 45, s. 139.

140. The chair of the Bureau de transition may entrust the exercise of certain functions or the examination of any matter he or she indicates to one or more members of the Bureau or, as the case may be, of a committee.

2002, c. 45, s. 140.

141. The Bureau de transition may require any body listed in Schedule 2 to provide the Bureau with such information, records or documents belonging to the body that it considers necessary to consult.

The first paragraph also applies to information, records and documents pertaining to a pension plan applicable to any group of employees of a body listed in Schedule 3, held by any administrator of such a plan or by any public body which, by law, exercises a responsibility regarding such a plan.

2002, c. 45, s. 141.

142. The Bureau de transition may require any body listed in Schedule 3 to make a report in respect of a decision or a matter related to the body’s financial position, staff or to any of its employees.

A copy of a report concerning an employee of a body that is submitted to the Bureau de transition shall be transmitted by the body to the person concerned within seven days of the filing of the report.

2002, c. 45, s. 142.

143. Sections 141 and 142 shall apply notwithstanding the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

The members of the Bureau de transition, the members of any committee, the employees of the Bureau and the employees assigned by a body to the Bureau under section 144 are required to keep confidential the information obtained under sections 141 and 142.

The board shall establish a procedure to protect the confidentiality of the information referred to in this section.

2002, c. 45, s. 143.

144. The Bureau de transition may, where considered expedient for the exercise of its responsibilities, make arrangements to use the services of an employee of any of the bodies listed in Schedule 3. The terms and conditions of the employee’s assignment are established by agreement between the Bureau and the body concerned. Failing an agreement, the decision of the Bureau shall prevail.

2002, c. 45, s. 144.

145. Any member or employee of a body listed in Schedule 2 is required to cooperate with any member or employee of the Bureau de transition and with any employee assigned by a body to the Bureau, acting in the exercise of his or her functions.

2002, c. 45, s. 145.

DIVISION II RESPONSIBILITIES

146. The Bureau de transition shall prepare and implement the establishment plan of the Autorité des marchés financiers.

The plan must take into account, in particular, the human, financial, material and informational resources existing in the bodies listed in Schedule 3, which are transferred to the Authority pursuant to this Act.

It must also provide measures for the integration and redeployment of the resources within the Authority.

2002, c. 45, s. 146; 2004, c. 37, s. 90.

147. The Bureau de transition may enter into any contract it considers necessary to establish the Authority and foster the soundness of its activities and operations. For these purposes, the Bureau may make any necessary financial commitment for the amount and for the term it considers appropriate.

2002, c. 45, s. 147; 2004, c. 37, s. 90.

148. The first by-law of the Authority referred to in section 26 shall be made by the Bureau de transition.

2002, c. 45, s. 148; 2004, c. 37, s. 90.

149. The Bureau de transition may recruit the employees of the Authority other than the employees transferred to the Authority pursuant to this Act and the superintendents.

It shall designate the positions of and assign the functions to be exercised by the employees it recruits and the employees transferred to the Authority.

2002, c. 45, s. 149; 2004, c. 37, s. 90.

150. The Bureau de transition shall provide, for the employees of the bodies listed in Schedule 3 who are not represented by a certified association, the procedures pertaining to the rights and recourses of an employee who believes he or she has been wronged by the application of integration and redeployment measures.

2002, c. 45, s. 150.

151. The Bureau de transition must authorize all hiring of personnel by the Bureau des services financiers and by the Commission des valeurs mobilières du Québec that takes place after 8 May 2002. Where the hiring has been authorized, the employee is deemed to have commenced in office on that date.

Until such time as the Bureau de transition is constituted, any authorization required by this section shall be requested from the Minister.

The Bureau de transition may, for special reasons, approve the hiring of personnel in respect of which an authorization was required under this section. The approval of the Bureau de transition is deemed to constitute such an authorization.

2002, c. 45, s. 151.

152. The Bureau de transition shall establish the first budget estimates of the Authority covering a 12-month period, including an activity plan for the same period.

The budget estimates shall be transmitted to the Minister not later than 6 December 2003 for approval. Once approved, the estimates are binding on the Authority.

2002, c. 45, s. 152; 2004, c. 37, s. 90.

153. Any financial commitment made by a body listed in Schedule 3 for a period extending beyond 6 February 2004 must be authorized by the Bureau de transition if the commitment is made on or after 8 May 2002.

Any collective agreement or contract of employment entered into or amended on or after 8 May 2002 by the Bureau des services financiers, the Commission des valeurs mobilières du Québec or the Fonds d’indemnisation des services financiers must be authorized by the Bureau de transition.

The Bureau de transition may, for special reasons, approve a decision, a collective agreement or a contract of employment in respect of which an authorization was required under this section. The approval of the Bureau de transition is deemed to constitute such an authorization.

This section does not apply to a first collective agreement entered into pursuant to the provisions of Division I.1 of Chapter IV of the Labour Code (chapter C-27).

Not in force

The Bureau de transition may, at all times, approve a decision, a collective agreement or a contract of employment for which an authorization is required under the first, second or third paragraph. The approval of the Bureau de transition is deemed to constitute such an authorization.

2002, c. 45, s. 153.

154. The Bureau de transition must examine any other matter or carry out any other mandate that the Minister may entrust to the Bureau within the scope of its mission.

2002, c. 45, s. 154.

155. The Bureau de transition must, within three months following the end of its mandate, submit a report on its activities to the Minister.

The Bureau may include in the report any additional recommendation that should, in its opinion, be brought to the attention of the Minister concerning in particular

(1)  the recognition of self-regulatory organizations;

(2)  the difficulties encountered in the application of this Act and the proposed amendments;

(3)  the special provisions that should, in its opinion, be incorporated into the legal framework applicable to the regulation of the financial sector.

2002, c. 45, s. 155.

156. The Bureau de transition shall, in addition, provide to the Minister any information or report the Minister requires on its activities.

2002, c. 45, s. 156.

TITLE VI AMENDING PROVISIONS

157. (Omitted).

2002, c. 45, s. 157.

158. (Omitted).

2002, c. 45, s. 158.

159. (Omitted).

2002, c. 45, s. 159.

160. (Omitted).

2002, c. 45, s. 160.

161. (Omitted).

2002, c. 45, s. 161.

FINANCIAL ADMINISTRATION ACT

162. (Amendment integrated into c. A-6.001, Schedule 1).

2002, c. 45, s. 162.

163. (Amendment integrated into c. A-6.001, Schedule 2).

2002, c. 45, s. 163.

164. (Amendment integrated into c. A-6.001, Schedule 3).

2002, c. 45, s. 164.

AUTOMOBILE INSURANCE ACT

165. (Amendment integrated into c. A-25, s. 93).

2002, c. 45, s. 165.

166. (Amendment integrated into c. A-25, s. 97.1).

2002, c. 45, s. 166.

167. (Amendment integrated into c. A-25, s. 156).

2002, c. 45, s. 167.

168. (Amendment integrated into c. A-25, s. 161).

2002, c. 45, s. 168.

169. (Amendment integrated into c. A-25, heading of Title VII).

2002, c. 45, s. 169.

170. (Amendment integrated into c. A-25, s. 177).

2002, c. 45, s. 170.

171. (Amendment integrated into c. A-25, s. 178).

2002, c. 45, s. 171.

172. (Amendment integrated into c. A-25, s. 179).

2002, c. 45, s. 172.

173. (Amendment integrated into c. A-25, s. 179.1).

2002, c. 45, s. 173.

174. (Amendment integrated into c. A-25, s. 179.2).

2002, c. 45, s. 174.

175. (Amendment integrated into c. A-25, s. 180).

2002, c. 45, s. 175.

176. (Amendment integrated into c. A-25, s. 181).

2002, c. 45, s. 176.

177. (Amendment integrated into c. A-25, s. 182).

2002, c. 45, s. 177.

178. (Amendment integrated into c. A-25, s. 183).

2002, c. 45, s. 178.

DEPOSIT INSURANCE ACT

179. (Amendment integrated into c. A-26, s. 1).

2002, c. 45, s. 179.

180. (Amendment integrated into c. A-26, heading of Division II).

2002, c. 45, s. 180.

181. (Omitted).

2002, c. 45, s. 181.

182. (Amendment integrated into c. A-26, s. 2.1).

2002, c. 45, s. 182.

183. (Omitted).

2002, c. 45, s. 183.

184. (Amendment integrated into c. A-26, s. 17).

2002, c. 45, s. 184.

185. (Omitted).

2002, c. 45, s. 185.

186. (Amendment integrated into c. A-26, s. 20).

2002, c. 45, s. 186.

187. (Omitted).

2002, c. 45, s. 187.

188. (Amendment integrated into c. A-26, s. 26).

2002, c. 45, s. 188.

189. (Amendment integrated into c. A-26, s. 31.4).

2002, c. 45, s. 189.

190. (Amendment integrated into c. A-26, s. 34.2).

2002, c. 45, s. 190.

191. (Amendment integrated into c. A-26, heading of Division VI).

2002, c. 45, s. 191.

192. (Amendment integrated into c. A-26, s. 42).

2002, c. 45, s. 192.

193. (Amendment integrated into c. A-26, s. 43).

2002, c. 45, s. 193.

194. (Amendment integrated into c. A-26, s. 45).

2002, c. 45, s. 194.

195. (Amendment integrated into c. A-26, s. 51).

2002, c. 45, s. 195.

196. (Amendment integrated into c. A-26, s. 52).

2002, c. 45, s. 196.

197. (Amendment integrated into c. A-26, s. 56).

2002, c. 45, s. 197.

198. (Amendment integrated into c. A-26).

2002, c. 45, s. 198.

ACT RESPECTING PRESCRIPTION DRUG INSURANCE

199. (Amendment integrated into c. A-29.01, s. 4).

2002, c. 45, s. 199.

ACT RESPECTING INSURANCE

200. (Amendment integrated into c. A-32, s. 1).

2002, c. 45, s. 200.

201. (Amendment integrated into c. A-32, s. 15).

2002, c. 45, s. 201.

202. (Amendment integrated into c. A-32, s. 16).

2002, c. 45, s. 202.

203. (Inoperative, 2002, c. 70, s. 8).

2002, c. 45, s. 203.

204. (Inoperative, 2002, c. 70, s. 20).

2002, c. 45, s. 204.

205. (Inoperative, 2002, c. 70, s. 21).

2002, c. 45, s. 205.

206. (Amendment integrated into c. A-32, s. 41).

2002, c. 45, s. 206.

207. (Amendment integrated into c. A-32, s. 77).

2002, c. 45, s. 207.

208. (Amendment integrated into c. A-32, s. 93.20).

2002, c. 45, s. 208.

209. (Amendment integrated into c. A-32, s. 93.27).

2002, c. 45, s. 209.

210. (Amendment integrated into c. A-32, s. 93.27.2).

2002, c. 45, s. 210.

211. (Amendment integrated into c. A-32, s. 93.117).

2002, c. 45, s. 211.

212. (Amendment integrated into c. A-32, s. 93.120).

2002, c. 45, s. 212.

213. (Amendment integrated into c. A-32, s. 93.165.1).

2002, c. 45, s. 213.

214. (Amendment integrated into c. A-32, s. 93.192).

2002, c. 45, s. 214.

215. (Amendment integrated into c. A-32, s. 93.197).

2002, c. 45, s. 215.

216. (Amendment integrated into c. A-32, s. 93.202).

2002, c. 45, s. 216.

217. (Amendment integrated into c. A-32, s. 93.212).

2002, c. 45, s. 217.

218. (Amendment integrated into c. A-32, s. 93.214).

2002, c. 45, s. 218.

219. (Amendment integrated into c. A-32, s. 93.217).

2002, c. 45, s. 219.

220. (Amendment integrated into c. A-32, s. 93.245).

2002, c. 45, s. 220.

221. (Amendment integrated into c. A-32, s. 93.269).

2002, c. 45, s. 221.

222. (Amendment integrated into c. A-32, s. 93.271).

2002, c. 45, s. 222.

223. (Inoperative, 2002, c. 70, s. 61).

2002, c. 45, s. 223.

224. (Inoperative, 2002, c. 70, s. 61).

2002, c. 45, s. 224.

225. (Amendment integrated into c. A-32, s. 121).

2002, c. 45, s. 225.

226. (Amendment integrated into c. A-32, s. 188).

2002, c. 45, s. 226.

227. (Inoperative, 2002, c. 70, s. 72).

2002, c. 45, s. 227.

228. (Amendment integrated into c. A-32, s. 197).

2002, c. 45, s. 228.

229. (Inoperative, 2002, c. 70, s. 78).

2002, c. 45, s. 229.

230. (Inoperative, 2002, c. 70, s. 83).

2002, c. 45, s. 230.

231. (Amendment integrated into c. A-32, s. 211).

2002, c. 45, s. 231.

232. (Inoperative, 2002, c. 70, s. 101).

2002, c. 45, s. 232.

233. (Amendment integrated into c. A-32, Chapter III.2, ss. 285.27 to 285.34).

2002, c. 45, s. 233.

234. (Amendment integrated into c. A-32, s. 318).

2002, c. 45, s. 234.

235. (Amendment integrated into c. A-32, heading of Chapter V.1 of Title IV).

2002, c. 45, s. 235.

236. (Amendment integrated into c. A-32, ss. 325.0.1 to 325.0.3).

2002, c. 45, s. 236.

237. (Amendment integrated into c. A-32, s. 325.1).

2002, c. 45, s. 237.

238. (Amendment integrated into c. A-32, s. 358).

2002, c. 45, s. 238.

239. (Amendment integrated into c. A-32, s. 378).

2002, c. 45, s. 239.

240. (Amendment integrated into c. A-32, s. 387).

2002, c. 45, s. 240.

241. (Amendment integrated into c. A-32, s. 395).

2002, c. 45, s. 241.

242. (Amendment integrated into c. A-32, s. 420).

2002, c. 45, s. 242.

243. (Amendment integrated into c. A-32).

2002, c. 45, s. 243.

ACT RESPECTING THE CAISSES D’ENTRAIDE ÉCONOMIQUE

244. (Amendment integrated into c. C-3, s. 17).

2002, c. 45, s. 244.

245. (Amendment integrated into c. C-3, s. 18).

2002, c. 45, s. 245.

246. (Amendment integrated into c. C-3, s. 22).

2002, c. 45, s. 246.

247. (Amendment integrated into c. C-3, s. 31).

2002, c. 45, s. 247.

ACT RESPECTING CERTAIN CAISSES D’ENTRAIDE ÉCONOMIQUE

248. (Amendment integrated into c. C-3.1, ss. 107 and 108).

2002, c. 45, s. 248.

249. (Amendment integrated into c. C-3.1, s. 146.1).

2002, c. 45, s. 249.

250. (Amendment integrated into c. C-3.1, ss. 105, 106 and 109).

2002, c. 45, s. 250.

ACT RESPECTING CERTAIN INTERNATIONAL FINANCIAL CENTRES

251. (Amendment integrated into c. C-8.3, s. 4).

2002, c. 45, s. 251.

CHARTER OF VILLE DE QUÉBEC

252. (Amendment integrated into c. C-11.5, s. 35.9).

2002, c. 45, s. 252.

253. (Amendment integrated into c. C-11.5, s. 35.11).

2002, c. 45, s. 253.

254. (Amendment integrated into c. C-11.5, s. 35.13).

2002, c. 45, s. 254.

255. (Amendment integrated into c. C-11.5, s. 35.14).

2002, c. 45, s. 255.

CINEMA ACT

256. (Amendment integrated into c. C-18.1, s. 144.4).

2002, c. 45, s. 256.

CITIES AND TOWNS ACT

257. (Amendment integrated into c. C-19, s. 465.5).

2002, c. 45, s. 257.

258. (Amendment integrated into c. C-19, s. 465.6).

2002, c. 45, s. 258.

259. (Amendment integrated into c. C-19, s. 465.13).

2002, c. 45, s. 259.

260. (Amendment integrated into c. C-19, s. 465.15).

2002, c. 45, s. 260.

261. (Amendment integrated into c. C-19, ss. 458.16, 458.17.2, 458.18, 458.19, 458.21, 458.40, 465.8 and 465.9).

2002, c. 45, s. 261.

FISH AND GAMES CLUBS ACT

262. (Amendment integrated into c. C-22, s. 1).

2002, c. 45, s. 262.

263. (Amendment integrated into c. C-22, ss. 2, 4).

2002, c. 45, s. 263.

264. (Amendment integrated into c. C-22, ss. 7, 8).

2002, c. 45, s. 264.

AMUSEMENT CLUBS ACT

265. (Amendment integrated into c. C-23, ss. 1, 1.2 and 4).

2002, c. 45, s. 265.

266. (Amendment integrated into c. C-23, ss. 11, 12).

2002, c. 45, s. 266.

CODE OF CIVIL PROCEDURE

267. (Amendment integrated into c. C-25, a. 833).

2002, c. 45, s. 267.

PROFESSIONAL CODE

268. (Amendment integrated into c. C-26, s. 16.8).

2002, c. 45, s. 268.

LABOUR CODE

269. (Amendment integrated into c. C-27, s. 149).

2002, c. 45, s. 269.

MUNICIPAL CODE OF QUÉBEC

270. (Amendment integrated into c. C-27.1, a. 711.7).

2002, c. 45, s. 270.

271. (Amendment integrated into c. C-27.1, a. 711.14).

2002, c. 45, s. 271.

272. (Amendment integrated into c. C-27.1, a. 711.16).

2002, c. 45, s. 272.

273. (Amendment integrated into c. C-27.1, aa. 649, 650.2, 651, 652, 654 and 673).

2002, c. 45, ss. 273.

274. (Amendment integrated into c. C-27.1, aa. 711.6, 711.9 and 711.10).

2002, c. 45, s. 274.

COMPANIES ACT

Not in force

275. (Not in force).

2002, c. 45, s. 275.

276. (Amendment integrated into c. C-38, s. 31).

2002, c. 45, s. 276.

277. (Amendment integrated into c. C-38, s. 134).

2002, c. 45, s. 277.

278. (Amendment integrated into c. C-38).

2002, c. 45, s. 278.

CEMETERY COMPANIES ACT

279. (Amendment integrated into c. C-40, ss. 1, 3.1, 4, 5 and 11).

2002, c. 45, s. 279.

280. (Amendment integrated into c. C-40, ss. 14, 15).

2002, c. 45, s. 280.

ACT RESPECTING ROMAN CATHOLIC CEMETERY COMPANIES

281. (Amendment integrated into c. C-40.1, ss. 2, 7.1, 8, 29, 30, 46 and 50).

2002, c. 45, s. 281.

282. (Amendment integrated into c. C-40.1, ss. 52, 53).

2002, c. 45, s. 282.

TIMBER-DRIVING COMPANIES ACT

283. (Amendment integrated into c. C-42, ss. 6, 30, 56, 64 and 65).

2002, c. 45, s. 283.

GAS, WATER AND ELECTRICITY COMPANIES ACT

284. (Amendment integrated into c. C-44, s. 8).

2002, c. 45, s. 284.

285. (Amendment integrated into c. C-44, ss. 98, 99).

2002, c. 45, s. 285.

TELEGRAPH AND TELEPHONE COMPANIES ACT

286. (Amendment integrated into c. C-45, ss. 4, 6, 14 and 25).

2002, c. 45, s. 286.

Not in force

287. (Not in force).

2002, c. 45, s. 287.

288. (Amendment integrated into c. C-45, s. 28).

2002, c. 45, s. 288.

MINING COMPANIES ACT

289. (Amendment integrated into c. C-47, ss. 5, 8, 11, 12, 13, 14, 15, 17 and 23).

2002, c. 45, s. 289.

Not in force

290. (Not in force).

2002, c. 45, s. 290.

ACT RESPECTING THE CONSEIL DES ARTS ET DES LETTRES DU QUÉBEC

291. (Amendment integrated into c. C-57.02, s. 25).

2002, c. 45, s. 291.

ACT RESPECTING THE CONSERVATOIRE DE MUSIQUE ET D’ART DRAMATIQUE DU QUÉBEC

292. (Amendment integrated into c. C-62.1, s. 61).

2002, c. 45, s. 292.

ACT RESPECTING THE CONSTITUTION OF CERTAIN CHURCHES

293. (Amendment integrated into c. C-63, ss. 4, 5).

2002, c. 45, s. 293.

294. (Amendment integrated into c. C-63, ss. 15, 16).

2002, c. 45, s. 294.

COOPERATIVES ACT

295. (Amendment integrated into c. C-67.2, ss. 13, 19, 121, 162.1, 171.1, 181.1, 182, 185.4, 189, 189.1, 190, 193, 211.6, 221.8, 226.10, 226.12, 226.13, 253 and 266).

2002, c. 45, s. 295.

ACT RESPECTING FINANCIAL SERVICES COOPERATIVES

296. (Amendment integrated into c. C-67.3, s. 11).

2002, c. 45, s. 296.

297. (Amendment integrated into c. C-67.3, s. 15).

2002, c. 45, s. 297.

298. (Amendment integrated into c. C-67.3, s. 20).

2002, c. 45, s. 298.

299. (Amendment integrated into c. C-67.3, s. 25).

2002, c. 45, s. 299.

300. (Amendment integrated into c. C-67.3, ss. 25.1 to 25.4).

2002, c. 45, s. 300.

301. (Amendment integrated into c. C-67.3, s. 27).

2002, c. 45, s. 301.

302. (Amendment integrated into c. C-67.3, s. 31).

2002, c. 45, s. 302.

303. (Amendment integrated into c. C-67.3, s. 37).

2002, c. 45, s. 303.

304. (Amendment integrated into c. C-67.3, s. 39).

2002, c. 45, s. 304.

305. (Amendment integrated into c. C-67.3, s. 43).

2002, c. 45, s. 305.

306. (Amendment integrated into c. C-67.3, s. 70).

2002, c. 45, s. 306.

307. (Amendment integrated into c. C-67.3, s. 81).

2002, c. 45, s. 307.

308. (Amendment integrated into c. C-67.3, s. 100).

2002, c. 45, s. 308.

309. (Amendment integrated into c. C-67.3, chapter V.1, ss. 131.1 to 131.7).

2002, c. 45, s. 309.

310. (Amendment integrated into c. C-67.3, s. 162).

2002, c. 45, s. 310.

311. (Amendment integrated into c. C-67.3, s. 167).

2002, c. 45, s. 311.

312. (Amendment integrated into c. C-67.3, s. 171).

2002, c. 45, s. 312.

313. (Amendment integrated into c. C-67.3, s. 183).

2002, c. 45, s. 313.

314. (Amendment integrated into c. C-67.3, s. 187).

2002, c. 45, s. 314.

315. (Amendment integrated into c. C-67.3, s. 258).

2002, c. 45, s. 315.

316. (Amendment integrated into c. C-67.3, s. 280).

2002, c. 45, s. 316.

317. (Amendment integrated into c. C-67.3, s. 333).

2002, c. 45, s. 317.

318. (Amendment integrated into c. C-67.3, s. 377).

2002, c. 45, s. 318.

319. (Amendment integrated into c. C-67.3, s. 436).

2002, c. 45, s. 319.

320. (Amendment integrated into c. C-67.3, s. 480).

2002, c. 45, s. 320.

321. (Amendment integrated into c. C-67.3, s. 495).

2002, c. 45, s. 321.

322. (Amendment integrated into c. C-67.3, s. 505).

2002, c. 45, s. 322.

323. (Amendment integrated into c. C-67.3, s. 528).

2002, c. 45, s. 323.

324. (Amendment integrated into c. C-67.3, s. 532).

2002, c. 45, s. 324.

325. (Omitted).

2002, c. 45, s. 325.

326. (Amendment integrated into c. C-67.3, s. 548).

2002, c. 45, s. 326.

327. (Amendment integrated into c. C-67.3, s. 549).

2002, c. 45, s. 327.

328. (Amendment integrated into c. C-67.3, s. 556).

2002, c. 45, s. 328.

329. (Amendment integrated into c. C-67.3, s. 560).

2002, c. 45, s. 329.

330. (Amendment integrated into c. C-67.3, s. 567).

2002, c. 45, s. 330.

331. (Amendment integrated into c. C-67.3, s. 585).

2002, c. 45, s. 331.

332. (Amendment integrated into c. C-67.3, s. 586).

2002, c. 45, s. 332.

333. (Amendment integrated into c. C-67.3, s. 588).

2002, c. 45, s. 333.

334. (Amendment integrated into c. C-67.3, s. 599).

2002, c. 45, s. 334.

335. (Amendment integrated into c. C-67.3, s. 721).

2002, c. 45, s. 335.

336. (Amendment integrated into c. C-67.3, s. 727).

2002, c. 45, s. 336.

337. (Amendment integrated into c. C-67.3, s. 731).

2002, c. 45, s. 337.

338. (Amendment integrated into c. C-67.3).

2002, c. 45, s. 338.

RELIGIOUS CORPORATIONS ACT

339. (Amendment integrated into c. C-71, ss. 2, 5, 5.1, 6, 7, 15 and 16).

2002, c. 45, s. 339.

340. (Amendment integrated into c. C-71, ss. 19, 20).

2002, c. 45, s. 340.

341. (Amendment integrated into c. C-71, form 1).

2002, c. 45, s. 341.

REAL ESTATE BROKERAGE ACT

342. (Inoperative, 2008, c. 9, s. 158).

2002, c. 45, s. 342.

343. (Inoperative, 2008, c. 9, s. 158).

2002, c. 45, s. 343.

344. (Amendment integrated into c. C-73.1, s. 25).

2002, c. 45, s. 344.

345. (Amendment integrated into c. C-73.1, heading of Chapter VII).

2002, c. 45, s. 345.

346. (Amendment integrated into c. C-73.1, ss. 61, 62, 75, 79, 101, 105, 106, 142, 144, 146 to 154, 160.3, 164, 166 and 189).

2002, c. 45, s. 346.

347. (Inoperative, 2008, c. 9, s. 158).

2002, c. 45, s. 347.

FORESTRY CREDIT ACT

348. (Amendment integrated into c. C-78, s. 46.5).

2002, c. 45, s. 348.

ACT TO PROMOTE FOREST CREDIT BY PRIVATE INSTITUTIONS

349. (Amendment integrated into c. C-78.1, s. 58).

2002, c. 45, s. 349.

DEPOSIT ACT

350. (Amendment integrated into c. D-5, s. 8).

2002, c. 45, s. 350.

ACT RESPECTING THE DISTRIBUTION OF FINANCIAL PRODUCTS AND SERVICES

351. (Amendment integrated into c. D-9.2, s. 5).

2002, c. 45, s. 351.

352. (Amendment integrated into c. D-9.2, s. 17).

2002, c. 45, s. 352.

353. (Amendment integrated into c. D-9.2, s. 28).

2002, c. 45, s. 353.

354. (Amendment integrated into c. D-9.2, s. 56).

2002, c. 45, s. 354.

355. (Omitted).

2002, c. 45, s. 355.

356. (Amendment integrated into c. D-9.2, s. 59).

2002, c. 45, s. 356.

357. (Amendment integrated into c. D-9.2, s. 72).

2002, c. 45, s. 357.

358. (Amendment integrated into c. D-9.2, s. 77).

2002, c. 45, s. 358.

359. (Amendment integrated into c. D-9.2, s. 81).

2002, c. 45, s. 359.

360. (Amendment integrated into c. D-9.2, s. 83).

2002, c. 45, s. 360.

361. (Repealed).

2002, c. 45, s. 361; 2008, c. 9, s. 142.

362. (Amendment integrated into c. D-9.2, ss. 103 to 103.4).

2002, c. 45, s. 362.

363. (Omitted).

2002, c. 45, s. 363.

364. (Omitted).

2002, c. 45, s. 364.

365. (Omitted).

2002, c. 45, s. 365.

366. (Amendment integrated into c. D-9.2, s. 119).

2002, c. 45, s. 366.

367. (Omitted).

2002, c. 45, s. 367.

368. (Amendment integrated into c. D-9.2, s. 121).

2002, c. 45, s. 368.

369. (Amendment integrated into c. D-9.2, s. 122).

2002, c. 45, s. 369.

370. (Omitted).

2002, c. 45, s. 370.

371. (Amendment integrated into c. D-9.2, s. 124).

2002, c. 45, s. 371.

372. (Omitted).

2002, c. 45, s. 372.

373. (Amendment integrated into c. D-9.2, s. 133).

2002, c. 45, s. 373.

374. (Amendment integrated into c. D-9.2, s. 135).

2002, c. 45, s. 374.

375. (Amendment integrated into c. D-9.2, s. 136).

2002, c. 45, s. 375.

376. (Omitted).

2002, c. 45, s. 376.

377. (Amendment integrated into c. D-9.2, s. 146).

2002, c. 45, s. 377.

378. (Repealed).

2002, c. 45, s. 378; 2008, c. 9, s. 142.

379. (Omitted).

2002, c. 45, s. 379.

380. (Amendment integrated into c. D-9.2, heading of Chapter II of Title III).

2002, c. 45, s. 380.

381. (Amendment integrated into c. D-9.2, s. 184).

2002, c. 45, s. 381.

382. (Amendment integrated into c. D-9.2, s. 186).

2002, c. 45, s. 382.

383. (Amendment integrated into c. D-9.2, s. 186.1).

2002, c. 45, s. 383.

384. (Repealed).

2002, c. 45, s. 384; 2009, c. 25, s. 113.

385. (Amendment integrated into c. D-9.2, s. 188).

2002, c. 45, s. 385.

386. (Amendment integrated into c. D-9.2, s. 189).

2002, c. 45, s. 386.

387. (Amendment integrated into c. D-9.2, s. 189.1).

2002, c. 45, s. 387.

388. (Amendment integrated into c. D-9.2, s. 191).

2002, c. 45, s. 388.

389. (Amendment integrated into c. D-9.2, s. 192).

2002, c. 45, s. 389.

390. (Repealed).

2002, c. 45, s. 390; 2009, c. 25, s. 113.

391. (Amendment integrated into c. D-9.2, s. 194).

2002, c. 45, s. 391.

392. (Omitted).

2002, c. 45, s. 392.

393. (Amendment integrated into c. D-9.2, s. 196).

2002, c. 45, s. 393.

394. (Amendment integrated into c. D-9.2, s. 198).

2002, c. 45, s. 394.

395. (Amendment integrated into c. D-9.2, s. 200).

2002, c. 45, s. 395.

396. (Amendment integrated into c. D-9.2, s. 201).

2002, c. 45, s. 396.

397. (Amendment integrated into c. D-9.2, s. 202).

2002, c. 45, s. 397.

398. (Amendment integrated into c. D-9.2, s. 202.1).

2002, c. 45, s. 398.

399. (Amendment integrated into c. D-9.2, s. 203).

2002, c. 45, s. 399.

400. (Repealed).

2002, c. 45, s. 400; 2008, c. 9, s. 142.

401. (Amendment integrated into c. D-9.2, s. 204).

2002, c. 45, s. 401.

402. (Amendment integrated into c. D-9.2, s. 205).

2002, c. 45, s. 402.

403. (Repealed).

2002, c. 45, s. 403; 2008, c. 9, s. 142.

404. (Amendment integrated into c. D-9.2, s. 207).

2002, c. 45, s. 404.

405. (Amendment integrated into c. D-9.2, s. 217).

2002, c. 45, s. 405.

406. (Omitted).

2002, c. 45, s. 406.

407. (Amendment integrated into c. D-9.2, s. 223).

2002, c. 45, s. 407.

408. (Amendment integrated into c. D-9.2, s. 224).

2002, c. 45, s. 408.

409. (Amendment integrated into c. D-9.2, s. 224.1).

2002, c. 45, s. 409.

410. (Amendment integrated into c. D-9.2, s. 225).

2002, c. 45, s. 410.

411. (Amendment integrated into c. D-9.2, s. 226).

2002, c. 45, s. 411.

412. (Amendment integrated into c. D-9.2, s. 227).

2002, c. 45, s. 412.

413. (Amendment integrated into c. D-9.2, s. 228).

2002, c. 45, s. 413.

414. (Amendment integrated into c. D-9.2, s. 230).

2002, c. 45, s. 414.

415. (Omitted).

2002, c. 45, s. 415.

416. (Repealed).

2002, c. 45, s. 416; 2009, c. 25, s. 113.

417. (Omitted).

2002, c. 45, s. 417.

418. (Repealed).

2002, c. 45, s. 418; 2008, c. 9, s. 142.

419. (Amendment integrated into c. D-9.2, s. 244).

2002, c. 45, s. 419.

420. (Omitted).

2002, c. 45, s. 420.

421. (Amendment integrated into c. D-9.2, s. 248).

2002, c. 45, s. 421.

422. (Omitted).

2002, c. 45, s. 422.

423. (Amendment integrated into c. D-9.2, s. 256).

2002, c. 45, s. 423.

424. (Amendment integrated into c. D-9.2, s. 258).

2002, c. 45, s. 424.

425. (Amendment integrated into c. D-9.2, s. 258.1).

2002, c. 45, s. 425.

426. (Omitted).

2002, c. 45, s. 426.

427. (Amendment integrated into c. D-9.2, ss. 274, 274.1).

2002, c. 45, s. 427.

428. (Omitted).

2002, c. 45, s. 428.

429. (Amendment integrated into c. D-9.2, s. 276).

2002, c. 45, s. 429.

430. (Amendment integrated into c. D-9.2, s. 277).

2002, c. 45, s. 430.

431. (Amendment integrated into c. D-9.2, s. 278).

2002, c. 45, s. 431.

432. (Amendment integrated into c. D-9.2, s. 279).

2002, c. 45, s. 432.

433. (Omitted).

2002, c. 45, s. 433.

434. (Omitted).

2002, c. 45, s. 434.

435. (Amendment integrated into c. D-9.2, s. 293).

2002, c. 45, s. 435.

436. (Amendment integrated into c. D-9.2, s. 294).

2002, c. 45, s. 436.

437. (Amendment integrated into c. D-9.2, s. 295).

2002, c. 45, s. 437.

438. (Amendment integrated into c. D-9.2, s. 296).

2002, c. 45, s. 438.

439. (Amendment integrated into c. D-9.2, s. 297).

2002, c. 45, s. 439.

440. (Amendment integrated into c. D-9.2, s. 298).

2002, c. 45, s. 440.

441. (Amendment integrated into c. D-9.2, s. 300).

2002, c. 45, s. 441.

442. (Amendment integrated into c. D-9.2, s. 312).

2002, c. 45, s. 442; O.C. 1366-2003, s. 6.

443. (Amendment integrated into c. D-9.2, s. 313).

2002, c. 45, s. 443.

444. (Amendment integrated into c. D-9.2, s. 315).

2002, c. 45, s. 444.

445. (Amendment integrated into c. D-9.2, ss. 320-320.5).

2002, c. 45, s. 445.

446. (Omitted).

2002, c. 45, s. 446.

447. (Omitted).

2002, c. 45, s. 447.

448. (Omitted).

2002, c. 45, s. 448.

449. (Omitted).

2002, c. 45, s. 449.

450. (Amendment integrated into c. D-9.2, s. 327).

2002, c. 45, s. 450.

451. (Amendment integrated into c. D-9.2, s. 328).

2002, c. 45, s. 451.

452. (Amendment integrated into c. D-9.2, s. 329).

2002, c. 45, s. 452.

453. (Amendment integrated into c. D-9.2, s. 330).

2002, c. 45, s. 453.

454. (Amendment integrated into c. D-9.2, s. 331).

2002, c. 45, s. 454.

455. (Amendment integrated into c. D-9.2, s. 332).

2002, c. 45, s. 455.

456. (Amendment integrated into c. D-9.2, s. 333).

2002, c. 45, s. 456.

457. (Amendment integrated into c. D-9.2, s. 334).

2002, c. 45, s. 457.

458. (Amendment integrated into c. D-9.2, s. 335).

2002, c. 45, s. 458.

459. (Amendment integrated into c. D-9.2, s. 336).

2002, c. 45, s. 459.

460. (Amendment integrated into c. D-9.2, s. 337).

2002, c. 45, s. 460.

461. (Amendment integrated into c. D-9.2, s. 338).

2002, c. 45, s. 461.

462. (Amendment integrated into c. D-9.2, s. 339).

2002, c. 45, s. 462.

463. (Amendment integrated into c. D-9.2, s. 343).

2002, c. 45, s. 463.

464. (Amendment integrated into c. D-9.2, s. 344).

2002, c. 45, s. 464.

465. (Amendment integrated into c. D-9.2, s. 345).

2002, c. 45, s. 465.

466. (Amendment integrated into c. D-9.2, s. 347).

2002, c. 45, s. 466.

467. (Amendment integrated into c. D-9.2, ss. 348-350).

2002, c. 45, s. 467.

468. (Amendment integrated into c. D-9.2, s. 351).

2002, c. 45, s. 468.

469. (Amendment integrated into c. D-9.2, Title V.1, ss. 351.1-351.3).

2002, c. 45, s. 469.

470. (Amendment integrated into c. D-9.2, s. 359).

2002, c. 45, s. 470.

471. (Amendment integrated into c. D-9.2, s. 366.1).

2002, c. 45, s. 471.

472. (Amendment integrated into c. D-9.2, s. 379).

2002, c. 45, s. 472.

473. (Omitted).

2002, c. 45, s. 473.

474. (Amendment integrated into c. D-9.2, s. 381).

2002, c. 45, s. 474.

475. (Amendment integrated into c. D-9.2, s. 382).

2002, c. 45, s. 475.

476. (Amendment integrated into c. D-9.2, s. 383).

2002, c. 45, s. 476.

477. (Omitted).

2002, c. 45, s. 477.

478. (Omitted).

2002, c. 45, s. 478.

479. (Amendment integrated into c. D-9.2, s. 419).

2002, c. 45, s. 479.

480. (Amendment integrated into c. D-9.2, s. 449).

2002, c. 45, s. 480.

481. (Amendment integrated into c. D-9.2, s. 454).

2002, c. 45, s. 481.

482. (Amendment integrated into c. D-9.2, s. 456).

2002, c. 45, s. 482.

483. (Repealed).

2002, c. 45, s. 483; 2008, c. 9, s. 142.

484. (Repealed).

2002, c. 45, s. 484; 2008, c. 9, s. 142.

485. (Amendment integrated into c. D-9.2, s. 483).

2002, c. 45, s. 485.

486. (Omitted).

2002, c. 45, s. 486.

487. (Amendment integrated into c. D-9.2, s. 492).

2002, c. 45, s. 487.

488. (Omitted).

2002, c. 45, s. 488.

489. (Amendment integrated into c. D-9.2, s. 494).

2002, c. 45, s. 489.

490. (Amendment integrated into c. D-9.2, Title IX.1, s. 494.1).

2002, c. 45, s. 490.

491. (Repealed).

2002, c. 45, s. 491; 2008, c. 9, s. 142.

492. (Amendment integrated into c. D-9.2, s. 553).

2002, c. 45, s. 492.

493. (Amendment integrated into c. D-9.2, s. 559).

2002, c. 45, s. 493.

494. (Amendment integrated into c. D-9.2, s. 560).

2002, c. 45, s. 494.

495. (Amendment integrated into c. D-9.2, s. 561).

2002, c. 45, s. 495.

496. (Omitted).

2002, c. 45, s. 496.

497. (Amendment integrated into c. D-9.2, s. 566).

2002, c. 45, s. 497.

498. (Amendment integrated into c. D-9.2, s. 580.1).

2002, c. 45, s. 498.

499. (Amendment integrated into c. D-9.2).

2002, c. 45, s. 499.

500. (Amendment integrated into c. D-9.2, ss. 53 to 55, 98, 99, 214 and 319).

2002, c. 45, s. 500.

ROMAN CATHOLIC BISHOPS ACT

501. (Amendment integrated into c. E-17, ss. 2.2, 3, 6, 13, 17 and 19).

2002, c. 45, s. 501.

502. (Amendment integrated into c. E-17, ss. 22 and 23).

2002, c. 45, s. 502.

ACT RESPECTING NASDAQ STOCK EXCHANGE ACTIVITIES IN QUÉBEC

503. (Amendment integrated into c. E-20.01, s. 2).

2002, c. 45, s. 503.

504. (Amendment integrated into c. E-20.01, s. 5).

2002, c. 45, s. 504.

505. (Amendment integrated into c. E-20.01, s. 6).

2002, c. 45, s. 505.

506. (Amendment integrated into c. E-20.01, s. 7).

2002, c. 45, s. 506.

507. (Amendment integrated into c. E-20.01, s. 8).

2002, c. 45, s. 507.

ACT RESPECTING FABRIQUES

508. (Amendment integrated into c. F-1, ss. 2, 11, 16 and 21).

2002, c. 45, s. 508.

509. (Amendment integrated into c. F-1, ss. 75 and 76).

2002, c. 45, s. 509.

ACT TO ESTABLISH FONDACTION, LE FONDS DE DÉVELOPPEMENT DE LA CONFÉDÉRATION DES SYNDICATS NATIONAUX POUR LA COOPÉRATION ET L’EMPLOI

510. (Amendment integrated into c. F-3.1.2, s. 7).

2002, c. 45, s. 510.

511. (Amendment integrated into c. F-3.1.2, s. 21).

2002, c. 45, s. 511.

512. (Amendment integrated into c. F-3.1.2, s. 37).

2002, c. 45, s. 512.

ACT TO ESTABLISH THE FONDS DE SOLIDARITÉ DES TRAVAILLEURS DU QUÉBEC (F.T.Q.)

513. (Amendment integrated into c. F-3.2.1, s. 6).

2002, c. 45, s. 513.

514. (Amendment integrated into c. F-3.2.1, s. 16).

2002, c. 45, s. 514.

515. (Amendment integrated into c. F-3.2.1, s. 29).

2002, c. 45, s. 515.

516. (Amendment integrated into c. F-3.2.1, s. 30).

2002, c. 45, s. 516.

TAXATION ACT

517. (Amendment integrated into c. I-3, s. 1).

2002, c. 45, s. 517.

518. (Amendment integrated into c. I-3, s. 895).

2002, c. 45, s. 518; 2003, c. 9, s. 463.

519. (Amendment integrated into c. I-3, s. 897).

2002, c. 45, s. 519.

520. (Amendment integrated into c. I-3, ss. 346.2, 998, 999.0.1 and 1175.1).

2002, c. 45, s. 520.

521. (Amendment integrated into c. I-3, ss. 965.1, 965.6.23.1, 965.7, 965.9.2, 965.9.7.0.2, 965.9.7.1, 965.9.7.2, 965.9.7.3, 965.24.2, 965.28, 965.28.1, 965.28.2, 965.31.5, 979.1, 1029.8.36.95, 1029.8.36.147, 1049.2.8 and 1049.2.9).

2002, c. 45, s. 521.

ACT RESPECTING THE DISCLOSURE OF THE COMPENSATION RECEIVED BY THE EXECUTIVE OFFICERS OF CERTAIN LEGAL PERSONS

522. (Amendment integrated into c. I-8.01, s. 3).

2002, c. 45, s. 522.

523. (Amendment integrated into c. I-8.01, s. 6).

2002, c. 45, s. 523.

524. (Amendment integrated into c. I-8.01, s. 7).

2002, c. 45, s. 524.

ACT RESPECTING THE ENTERPRISE REGISTRAR

525. (Amendment integrated into c. R-17.1, title).

2002, c. 45, s. 525.

526. (Amendment integrated into c. R-17.1, s. 1).

2002, c. 45, s. 526.

527. (Amendment integrated into c. R-17.1 s. 8).

2002, c. 45, s. 527.

528. (Amendment integrated into c. R-17.1, s. 18).

2002, c. 45, s. 528.

529. (Amendment integrated into c. R-17.1, s. 26).

2002, c. 45, s. 529.

530. (Omitted).

2002, c. 45, s. 530.

531. (Omitted).

2002, c. 45, s. 531.

532. (Amendment integrated into c. R-17.1, s. 32).

2002, c. 45, s. 532.

533. (Omitted).

2002, c. 45, s. 533.

534. (Amendment integrated into c. R-17.1, s. 42).

2002, c. 45, s. 534.

535. (Amendment integrated into c. R-17.1, s. 44).

2002, c. 45, s. 535.

536. (Amendment integrated into c. R-17.1, s. 45).

2002, c. 45, s. 536.

537. (Amendment integrated into c. R-17.1, s. 46).

2002, c. 45, s. 537.

538. (Omitted).

2002, c. 45, s. 538.

539. (Inoperative, 2010, c. 7, s. 281).

2002, c. 45, s. 539.

540. (Amendment integrated into c. R-17.1, ss. 2 to 7, 9, 9.1, 10 to 14, 16, 17, 20 to 25, 29 to 31, 34, 35 and 43).

2002, c. 45, s. 540.

ACT RESPECTING THE INSTITUT DE LA STATISTIQUE DU QUÉBEC

541. (Amendment integrated into c. I-13.011, s. 39).

2002, c. 45, s. 541.

THE EDUCATION ACT FOR CREE, INUIT AND NASKAPI NATIVE PERSONS

542. (Amendment integrated into c. I-14, s. 233).

2002, c. 45, s. 542.

WINDING-UP ACT

543. (Amendment integrated into c. L-4, ss. 9, 17, 18, 19, 25.1, 32 and 32.1).

2002, c. 45, s. 543.

544. (Amendment integrated into c. L-4, ss. 34 and 35).

2002, c. 45, s. 544.

ACT RESPECTING THE MINISTÈRE DE LA CULTURE ET DES COMMUNICATIONS

545. (Amendment integrated into c. M-17.1, s. 18).

2002, c. 45, s. 545.

546. (Amendment integrated into c. M-17.1, s. 38).

2002, c. 45, s. 546.

ACT RESPECTING THE SPECIAL POWERS OF LEGAL PERSONS

547. (Amendment integrated into c. P-16, ss. 5, 7, 14, 17, 19, 20, 24 and 53).

2002, c. 45, s. 547.

Not in force

548. (Not in force).

2002, c. 45, s. 548.

PUBLIC PROTECTOR ACT

549. (Amendment integrated into c. P-32, s. 15).

2002, c. 45, s. 549.

CONSUMER PROTECTION ACT

550. (Amendment integrated into c. P-40.1, s. 321).

2002, c. 45, s. 550.

ACT RESPECTING THE LEGAL PUBLICITY OF SOLE PROPRIETORSHIPS, PARTNERSHIPS AND LEGAL PERSONS

551. (Amendment integrated into c. P-45).

2002, c. 45, s. 551.

552. (Inoperative, 2010, c. 7, s. 281).

2002, c. 45, s. 552.

553. (Amendment integrated into c. P-45, Schedule 1).

2002, c. 45, s. 553.

ACT RESPECTING THE PROCESS OF NEGOTIATION OF COLLECTIVE AGREEMENTS IN THE PUBLIC AND PARAPUBLIC SECTORS

554. (Amendment integrated into c. R-8.2, Schedule C).

2002, c. 45, s. 554.

ACT RESPECTING THE GOVERNMENT AND PUBLIC EMPLOYEES RETIREMENT PLAN

555. (Amendment integrated into c. R-10, Schedule I).

2002, c. 45, s. 555.

ACT RESPECTING HEALTH SERVICES AND SOCIAL SERVICES

556. (Amendment integrated into c. S-4.2, ss. 318, 321, 322, 328, 331, 333, 451.14, 533 and 548).

2002, c. 45, s. 556.

ACT RESPECTING HEALTH SERVICES AND SOCIAL SERVICES FOR CREE NATIVE PERSONS

557. (Amendment integrated into c. S-5, ss. 64, 66 to 67 and 119 to 121).

2002, c. 45, s. 557.

558. (Amendment integrated into c. S-5, s. 134).

2002, c. 45, s. 558.

ACT RESPECTING THE SOCIÉTÉ DES LOTERIES DU QUÉBEC

559. (Amendment integrated into c. S-13.1, s. 18).

2002, c. 45, s. 559.

ACT RESPECTING THE SOCIÉTÉ NATIONALE DU CHEVAL DE COURSE

560. (Amendment integrated into c. S-18.2.0.1, s. 17).

2002, c. 45, s. 560.

ACT RESPECTING FARMERS’ AND DAIRYMEN’S ASSOCIATIONS

561. (Amendment integrated into c. S-23, ss. 4, 5.3, 5.5, 5.8 and 5.10).

2002, c. 45, s. 561.

ACT RESPECTING MIXED ENTERPRISE COMPANIES IN THE MUNICIPAL SECTOR

562. (Amendment integrated into c. S-25.01, s. 17).

2002, c. 45, s. 562.

ACT RESPECTING THE SOCIÉTÉS D’ENTRAIDE ÉCONOMIQUE

563. (Amendment integrated into c. S-25.1, s. 112).

2002, c. 45, s. 563.

564. (Amendment integrated into c. S-25.1).

2002, c. 45, s. 564.

HORTICULTURAL SOCIETIES ACT

565. (Amendment integrated into c. S-27, ss. 3.1 and 10.1).

2002, c. 45, s. 565.

ACT RESPECTING TRUST COMPANIES AND SAVING COMPANIES

566. (Amendment integrated into c. S-29.01, s. 2).

2002, c. 45, s. 566.

567. (Amendment integrated into c. S-29.01, s. 3).

2002, c. 45, s. 567.

568. (Amendment integrated into c. S-29.01, s. 13).

2002, c. 45, s. 568.

569. (Amendment integrated into c. S-29.01, s. 15).

2002, c. 45, s. 569.

570. (Amendment integrated into c. S-29.01, s. 16).

2002, c. 45, s. 570.

571. (Amendment integrated into c. S-29.01, s. 18).

2002, c. 45, s. 571.

572. (Amendment integrated into c. S-29.01, s. 19).

2002, c. 45, s. 572.

573. (Amendment integrated into c. S-29.01, s. 24).

2002, c. 45, s. 573.

574. (Amendment integrated into c. S-29.01, s. 30).

2002, c. 45, s. 574.

575. (Amendment integrated into c. S-29.01, s. 37).

2002, c. 45, s. 575.

576. (Amendment integrated into c. S-29.01, s. 43).

2002, c. 45, s. 576.

577. (Amendment integrated into c. S-29.01, s. 50).

2002, c. 45, s. 577.

578. (Amendment integrated into c. S-29.01, s. 56).

2002, c. 45, s. 578.

579. (Amendment integrated into c. S-29.01, s. 97).

2002, c. 45, s. 579.

580. (Amendment integrated into c. S-29.01, s. 102).

2002, c. 45, s. 580.

581. (Amendment integrated into c. S-29.01, s. 125).

2002, c. 45, s. 581.

582. (Amendment integrated into c. S-29.01, Chapter XI.1, ss. 153.1 to 153.7).

2002, c. 45, s. 582.

583. (Amendment integrated into c. S-29.01, s. 155).

2002, c. 45, s. 583.

584. (Amendment integrated into c. S-29.01, s. 163).

2002, c. 45, s. 584.

585. (Amendment integrated into c. S-29.01, s. 169.1).

2002, c. 45, s. 585.

586. (Amendment integrated into c. S-29.01, s. 169.2).

2002, c. 45, s. 586.

587. (Amendment integrated into c. S-29.01, s. 172).

2002, c. 45, s. 587.

588. (Amendment integrated into c. S-29.01, s. 177).

2002, c. 45, s. 588.

589. (Amendment integrated into c. S-29.01, s. 194).

2002, c. 45, s. 589.

590. (Amendment integrated into c. S-29.01, s. 203).

2002, c. 45, s. 590.

591. (Amendment integrated into c. S-29.01, s. 216).

2002, c. 45, s. 591.

592. (Amendment integrated into c. S-29.01, s. 226).

2002, c. 45, s. 592.

593. (Amendment integrated into c. S-29.01, s. 227).

2002, c. 45, s. 593.

594. (Amendment integrated into c. S-29.01, s. 234).

2002, c. 45, s. 594.

595. (Amendment integrated into c. S-29.01, s. 236).

2002, c. 45, s. 595.

596. (Amendment integrated into c. S-29.01, s. 242).

2002, c. 45, s. 596.

597. (Amendment integrated into c. S-29.01, s. 244).

2002, c. 45, s. 597.

598. (Amendment integrated into c. S-29.01, heading of Division IV of Chapter XVI).

2002, c. 45, s. 598.

599. (Amendment integrated into c. S-29.01, s. 293).

2002, c. 45, s. 599.

600. (Amendment integrated into c. S-29.01, s. 295).

2002, c. 45, s. 600.

601. (Amendment integrated into c. S-29.01, heading of Division VI of Chapter XVI).

2002, c. 45, s. 601.

602. (Amendment integrated into c. S-29.01, s. 313).

2002, c. 45, s. 602.

603. (Amendment integrated into c. S-29.01, s. 314).

2002, c. 45, s. 603.

604. (Amendment integrated into c. S-29.01, heading of Division VII of Chapter XVI).

2002, c. 45, s. 604.

605. (Amendment integrated into c. S-29.01, ss. 314.1 and 314.2).

2002, c. 45, s. 605.

606. (Amendment integrated into c. S-29.01, s. 315).

2002, c. 45, s. 606.

607. (Amendment integrated into c. S-29.01, s. 333).

2002, c. 45, s. 607.

608. (Amendment integrated into c. S-29.01, s. 351).

2002, c. 45, s. 608.

609. (Omitted).

2002, c. 45, s. 609.

610. (Amendment integrated into c. S-29.01, s. 408).

2002, c. 45, s. 610.

611. (Amendment integrated into c. S-29.01).

2002, c. 45, s. 611.

LOAN AND INVESTMENT SOCIETIES ACT

612. (Omitted).

2002, c. 45, s. 612.

NATIONAL BENEFIT SOCIETY ACT

613. (Amendment integrated into c. S-31, s. 1.2).

2002, c. 45, s. 613.

614. (Amendment integrated into c. S-31, ss. 7 and 8).

2002, c. 45, s. 614.

ACT RESPECTING SOCIETIES FOR THE PREVENTION OF CRUELTY TO ANIMALS

615. (Amendment integrated into c. S-32, ss. 1 and 1.2).

2002, c. 45, s. 615.

616. (Amendment integrated into c. S-32, ss. 4 and 5).

2002, c. 45, s. 616.

PROFESSIONAL SYNDICATES ACT

617. (Amendment integrated into c. S-40, s. 9).

2002, c. 45, s. 617.

618. (Amendment integrated into c. S-40, s. 20).

2002, c. 45, s. 618.

619. (Amendment integrated into c. S-40, ss. 1, 10, 11 and 26).

2002, c. 45, s. 619.

620. (Amendment integrated into c. S-40, ss. 30 and 31).

2002, c. 45, s. 620.

ACT RESPECTING THE QUÉBEC SALES TAX

621. (Amendment integrated into c. T-0.1, s. 1).

2002, c. 45, s. 621.

622. (Amendment integrated into c. T-0.1, s. 519).

2002, c. 45, s. 622.

SECURITIES ACT

623. (Amendment integrated into c. V-1.1, s. 3).

2002, c. 45, s. 623.

624. (Amendment integrated into c. V-1.1, s. 44).

2002, c. 45, s. 624.

625. (Amendment integrated into c. V-1.1, s. 92).

2002, c. 45, s. 625.

626. (Amendment integrated into c. V-1.1, s. 151.1.1).

2002, c. 45, s. 626.

627. (Amendment integrated into c. V-1.1, s. 154).

2002, c. 45, s. 627.

628. (Amendment integrated into c. V-1.1, s. 156).

2002, c. 45, s. 628.

629. (Amendment integrated into c. V-1.1, heading of Chapter III of Title V).

2002, c. 45, s. 629.

630. (Amendment integrated into c. V-1.1, ss. 168.1.1 to 168.1.5).

2002, c. 45, s. 630.

631. (Amendment integrated into c. V-1.1, ss. 169-172).

2002, c. 45, s. 631; O.C. 1366-2003, s. 7.

632. (Amendment integrated into c. V-1.1, s. 195).

2002, c. 45, s. 632.

633. (Amendment integrated into c. V-1.1, s. 195.2).

2002, c. 45, s. 633.

634. (Amendment integrated into c. V-1.1, s. 204).

2002, c. 45, s. 634.

635. (Amendment integrated into c. V-1.1, s. 208.1).

2002, c. 45, s. 635.

636. (Amendment integrated into c. V-1.1, s. 234).

2002, c. 45, s. 636.

637. (Amendment integrated into c. V-1.1, s. 235).

2002, c. 45, s. 637.

638. (Amendment integrated into c. V-1.1, s. 236).

2002, c. 45, s. 638.

639. (Amendment integrated into c. V-1.1, s. 249).

2002, c. 45, s. 639.

640. (Amendment integrated into c. V-1.1, s. 253).

2002, c. 45, s. 640.

641. (Amendment integrated into c. V-1.1, s. 273.1).

2002, c. 45, s. 641.

642. (Amendment integrated into c. V-1.1, heading of Chapter III of Title IX).

2002, c. 45, s. 642.

643. (Amendment integrated into c. V-1.1, heading of Chapter I of Title X).

2002, c. 45, s. 643.

644. (Amendment integrated into c. V-1.1, s. 276).

2002, c. 45, s. 644.

645. (Omitted).

2002, c. 45, s. 645.

646. (Amendment integrated into c. V-1.1, s. 276.4).

2002, c. 45, s. 646.

647. (Omitted).

2002, c. 45, s. 647.

648. (Amendment integrated into c. V-1.1, s. 283).

2002, c. 45, s. 648.

649. (Amendment integrated into c. V-1.1, s. 284).

2002, c. 45, s. 649.

650. (Omitted).

2002, c. 45, s. 650.

651. (Amendment integrated into c. V-1.1, s. 292).

2002, c. 45, s. 651.

652. (Amendment integrated into c. V-1.1, s. 293).

2002, c. 45, s. 652.

653. (Amendment integrated into c. V-1.1, s. 295.2).

2002, c. 45, s. 653.

654. (Omitted).

2002, c. 45, s. 654.

655. (Amendment integrated into c. V-1.1, s. 302).

2002, c. 45, s. 655.

656. (Amendment integrated into c. V-1.1, s. 303).

2002, c. 45, s. 656.

657. (Omitted).

2002, c. 45, s. 657.

658. (Amendment integrated into c. V-1.1, s. 307).

2002, c. 45, s. 658.

659. (Amendment integrated into c. V-1.1, s. 308).

2002, c. 45, s. 659.

660. (Amendment integrated into c. V-1.1, heading of Chapter III of Title X).

2002, c. 45, s. 660.

661. (Amendment integrated into c. V-1.1, s. 309).

2002, c. 45, s. 661.

662. (Amendment integrated into c. V-1.1, s. 310).

2002, c. 45, s. 662.

663. (Amendment integrated into c. V-1.1, s. 311).

2002, c. 45, s. 663.

664. (Amendment integrated into c. V-1.1, heading of Chapter IV of Title X).

2002, c. 45, s. 664.

665. (Amendment integrated into c. V-1.1, s. 312).

2002, c. 45, s. 665.

666. (Amendment integrated into c. V-1.1, s. 312.1).

2002, c. 45, s. 666.

667. (Amendment integrated into c. V-1.1, s. 313).

2002, c. 45, s. 667.

668. (Omitted).

2002, c. 45, s. 668.

669. (Amendment integrated into c. V-1.1, s. 314.1).

2002, c. 45, s. 669.

670. (Omitted).

2002, c. 45, s. 670.

671. (Amendment integrated into c. V-1.1, chapter V).

2002, c. 45, s. 671.

672. (Omitted).

2002, c. 45, s. 672.

673. (Amendment integrated into c. V-1.1, s. 318).

2002, c. 45, s. 673.

674. (Amendment integrated into c. V-1.1, s. 319).

2002, c. 45, s. 674.

675. (Amendment integrated into c. V-1.1, s. 320).

2002, c. 45, s. 675.

676. (Amendment integrated into c. V-1.1, s. 320.1).

2002, c. 45, s. 676.

677. (Amendment integrated into c. V-1.1, s. 320.2).

2002, c. 45, s. 677.

678. (Amendment integrated into c. V-1.1, s. 321.1).

2002, c. 45, s. 678.

679. (Amendment integrated into c. V-1.1, s. 322).

2002, c. 45, s. 679.

680. (Amendment integrated into c. V-1.1, chapter V).

2002, c. 45, s. 680.

681. (Amendment integrated into c. V-1.1, s. 323).

2002, c. 45, s. 681.

682. (Amendment integrated into c. V-1.1, ss. 323.1-323.13).

2002, c. 45, s. 682; O.C. 1366-2003, s. 8.

683. (Amendment integrated into c. V-1.1, heading of Chapter VII of Title X).

2002, c. 45, s. 683.

684. (Amendment integrated into c. V-1.1, s. 330.1).

2002, c. 45, s. 684.

685. (Amendment integrated into c. V-1.1, s. 330.3).

2002, c. 45, s. 685.

686. (Amendment integrated into c. V-1.1, s. 330.5).

2002, c. 45, s. 686.

687. (Omitted).

2002, c. 45, s. 687.

688. (Amendment integrated into c. V-1.1, s. 330.9).

2002, c. 45, s. 688.

689. (Amendment integrated into c. V-1.1, s. 330.10).

2002, c. 45, s. 689.

690. (Amendment integrated into c. V-1.1, s. 331).

2002, c. 45, s. 690.

691. (Amendment integrated into c. V-1.1, s. 331.1).

2002, c. 45, s. 691.

692. (Amendment integrated into c. V-1.1, s. 332).

2002, c. 45, s. 692.

693. (Amendment integrated into c. V-1.1, s. 334).

2002, c. 45, s. 693.

694. (Omitted).

2002, c. 45, s. 694.

695. (Amendment integrated into c. V-1.1, s. 348).

2002, c. 45, s. 695.

696. (Amendment integrated into c. V-1.1).

2002, c. 45, s. 696.

697. (Omitted).

2002, c. 45, s. 697.

698. (Omitted).

2002, c. 45, s. 698.

ACT RESPECTING TRANSPORTATION SERVICES BY TAXI

699. (Amendment integrated into c. S-6.01, s. 135).

2002, c. 45, s. 699.

700. (Amendment integrated into c. S-6.01, s. 138).

2002, c. 45, s. 700.

ACT RESPECTING PUBLIC TRANSIT AUTHORITIES

701. (Amendment integrated into c. S-30.01, ss. 1, 83, 160, 164.1, 167 and 175).

2002, c. 45, s. 701.

702. (Amendment integrated into c. S-30.01, s. 71).

2002, c. 45, s. 702.

ACT RESPECTING THE PENSION PLAN OF MANAGEMENT PERSONNEL

703. (Amendment integrated into c. R-12.1, Schedule II).

2002, c. 45, s. 703.

ACT CONSTITUTING CAPITAL RÉGIONAL ET COOPÉRATIF DESJARDINS

704. (Amendment integrated into c. C-6.1, s. 20).

2002, c. 45, s. 704.

705. (Amendment integrated into c. C-6.1, s. 33).

2002, c. 45, s. 705.

706. (Amendment integrated into c. C-6.1, s. 43).

2002, c. 45, s. 706.

TITLE VII TRANSITIONAL AND FINAL PROVISIONS

707. The Autorité des marchés financiers established by section 1 replaces the Bureau des services financiers and the Fonds d’indemnisation des services financiers established by the Act respecting the distribution of financial products and services (chapter D-9.2) and acquires the rights and assumes the obligations thereof.

2002, c. 45, s. 707; 2004, c. 37, s. 90.

708. The Autorité des marchés financiers established by section 1 replaces the Commission des valeurs mobilières du Québec established by the Securities Act (chapter V-1.1) and acquires the rights and assumes the obligations thereof.

2002, c. 45, s. 708; 2004, c. 37, s. 90.

709. The Autorité des marchés financiers established by section 1 replaces the Régie de l’assurance-dépôts du Québec established by the Deposit Insurance Act (chapter A-26) and acquires the rights and assumes the obligations thereof.

2002, c. 45, s. 709; 2004, c. 37, s. 90.

710. The Autorité des marchés financiers established by section 1 replaces the Inspector General of Financial Institutions with respect to the duties and powers exercised by the latter under the Acts listed in Schedule 1 as they read on 31 January 2004 and acquires the rights and assumes the obligations thereof.

2002, c. 45, s. 710; 2004, c. 37, s. 90.

711. The files, records and other documents of the Bureau des services financiers, the Fonds d’indemnisation des services financiers, the Commission des valeurs mobilières du Québec and the Régie de l’assurance-dépôts du Québec become the files, records and documents of the Autorité des marchés financiers.

2002, c. 45, s. 711; 2004, c. 37, s. 90.

712. The Government may, to the extent and on the conditions it determines, transfer to the Authority any file, record or document as well as any property in the possession of the Inspector General of Financial Institutions on 31 January 2004 required for the purposes of the exercise by the latter of the duties and powers provided for in the Acts listed in Schedule 1.

2002, c. 45, s. 712; 2004, c. 37, s. 90.

713. Matters commenced by the Bureau des services financiers, the Fonds d’indemnisation des services financiers, the Commission des valeurs mobilières du Québec and the Régie de l’assurance-dépôts du Québec shall be continued by the Autorité des marchés financiers.

2002, c. 45, s. 713; 2004, c. 37, s. 90.

714. Matters commenced by the Inspector General of Financial Institutions with respect to the duties and powers exercised by the latter under the Acts listed in Schedule 1, as they read on 31 January 2004 shall be continued by the Autorité des marchés financiers.

2002, c. 45, s. 714; 2004, c. 37, s. 90.

715. The Autorité des marchés financiers becomes, without continuance of suit, a party to all proceedings to which the Bureau des services financiers, the Fonds d’indemnisation des services financiers, the Commission des valeurs mobilières du Québec or the Régie de l’assurance-dépôts du Québec was a party.

2002, c. 45, s. 715; 2004, c. 37, s. 90.

716. The Autorité des marchés financiers becomes, without continuance of suit, a party to all proceedings to which the Inspector General of Financial Institutions was a party with respect to the duties and powers exercised by the latter under the Acts listed in Schedule 1, as they read on 31 January 2004.

2002, c. 45, s. 716; 2004, c. 37, s. 90.

717. The employees of the Bureau des services financiers and the Fonds d’indemnisation des services financiers, established under the Act respecting the distribution of financial products and services (chapter D-9.2) in office on 8 May 2002 become employees of the Autorité des marchés financiers without other formalities. They shall hold the position and exercise the functions that are assigned to them by the Bureau de transition on behalf of the Authority.

2002, c. 45, s. 717; 2004, c. 37, s. 90.

718. The employees of the Commission des valeurs mobilières du Québec, established by the Securities Act (chapter V-1.1), in office on 8 May 2002 become employees of the Autorité des marchés financiers without other formalities. They shall hold the position and exercise the functions that are assigned to them by the Bureau de transition on behalf of the Authority, subject to the provisions of a collective agreement.

2002, c. 45, s. 718; 2004, c. 37, s. 90.

719. The employees of the Régie de l’assurance-dépôts du Québec, established under the Deposit Insurance Act (chapter A-26), in office on 31 January 2004 become, subject to the conditions of employment applicable to them, employees of the Autorité des marchés financiers insofar as a decision by the Conseil du trésor providing for their transfer is made before 1 February 2006.

2002, c. 45, s. 719; 2004, c. 37, s. 90.

720. The employees of the Inspector General of Financial Institutions assigned to the Direction du développement des normes and to the Direction générale de la surveillance et du contrôle, with the exception of the employees of the Direction de l’encadrement des pratiques commerciales et du courtage immobilier assigned more specifically to matters of real estate brokerage, in office on 31 January 2004 become, subject to the conditions of employment applicable to them, employees of the Autorité des marchés financiers insofar as a decision by the Conseil du trésor providing for their transfer is made before 1 February 2006.

The other employees of the Inspector General of Financial Institutions in office on 31 January 2004 become, without other formalities, employees of the enterprise registrar except if they consent to become employees of the Autorité des marchés financiers and insofar as a decision of the Conseil du trésor providing for their transfer is made before 1 February 2006.

2002, c. 45, s. 720; 2004, c. 37, s. 90.

721. Any employee transferred to the Autorité des marchés financiers pursuant to section 719 or 720 may request a transfer to a position in the public service or take part in a promotion competition for such a position in accordance with the Public Service Act (chapter F-3.1.1) if, at the date of the transfer to the Authority, the employee was a permanent public servant assigned to the Inspector General of Financial Institutions or the Régie de l’assurance-dépôts du Québec.

Section 35 of the Public Service Act applies to an employee who takes part in such a promotion competition.

2002, c. 45, s. 721; 2004, c. 37, s. 90.

722. An employee referred to in section 721, who applies for a transfer or a promotion competition, may require from the Chair of the Conseil du trésor an assessment of the classification that would be assigned to him or her in the public service. The assessment must take account of the classification that the employee had in the public service on the date of the transfer, as well as the experience and training acquired in the course of his or her employment at the Authority.

In the case where an employee is transferred pursuant to section 721, the deputy minister or the president and director general shall establish a classification in accordance with the assessment provided for in the first paragraph.

In the case where an employee is promoted pursuant to section 721, the classification must take into account the criteria provided for in the first paragraph.

2002, c. 45, s. 722; 2004, c. 37, s. 90.

723. In the event of the partial or full discontinuance of the activities of the Autorité des marchés financiers or if there is a shortage of work, an employee referred to in section 721 is entitled to be placed on reserve in the public service with the classification the employee had prior to the date of the transfer.

In such a case, the Chair of the Conseil du trésor shall, where applicable, establish the employee’s classification, taking into account the criteria provided for in the first paragraph of section 722.

2002, c. 45, s. 723; 2004, c. 37, s. 90.

724. Any person referred to in section 719 or the first paragraph of section 720 who refuses, in accordance with the applicable conditions of employment, to be transferred to the Autorité des marchés financiers, shall be assigned thereto until such time as the Chair of the Conseil du trésor is able to place the person in accordance with section 100 of the Public Service Act (chapter F-3.1.1). The same applies to a person who is placed on reserve pursuant to section 723, and the person shall remain in the employ of the Authority.

2002, c. 45, s. 724; 2004, c. 37, s. 90.

725. Sections 16 to 21 of chapter 36 of the statutes of 1997 continue to apply to the employees of the Commission des valeurs mobilières du Québec who are transferred to the Autorité des marchés financiers, with the necessary modifications.

2002, c. 45, s. 725; 2004, c. 37, s. 90.

726. The employees of the Bureau des services financiers, the Fonds d’indemnisation des services financiers, the Inspector General of Financial Institutions, the Régie de l’assurance-dépôts du Québec and the Commission des valeurs mobilières du Québec who are transferred to the Autorité des marchés financiers pursuant to this Act may not be laid off or dismissed solely by reason of the establishment of the Authority, before 1 February 2006.

2002, c. 45, s. 726; 2004, c. 37, s. 90.

727. (Repealed).

2002, c. 45, s. 727; 2008, c. 9, s. 142.

728. (Repealed).

2002, c. 45, s. 728; 2004, c. 37, s. 90; 2008, c. 9, s. 142.

729. (Repealed).

2002, c. 45, s. 729; 2008, c. 9, s. 142.

730. The amount of the annual dues determined by the Minister under section 569 of the Act respecting the distribution of financial products and services (chapter D‐9.2) which must be paid for each representative pursuant to section 320 of that Act, as it read prior to being replaced by section 445 of this Act, is the amount that a contributor must pay pursuant to the said section 320 until the amount is modified by regulation.

2002, c. 45, s. 730.

731. The syndic may file a complaint before the discipline committee with respect to an offence under the provisions of the Act respecting the distribution of financial products and services (chapter D-9.2) or its regulations committed before 1 February 2004 by a securities representative.

2002, c. 45, s. 731.

732. A member of a professional order entered on 10 December 2002 in the register kept in accordance with section 67 of the Act respecting the distribution of financial products and services (chapter D-9.2) and referred to in the third paragraph of section 59 of that Act shall be authorized to use the title of financial planner until 31 May 2004, to the extent that the agreement governing the member remains in force or is renewed and the member meets the requirements and complies with the rules determined by the member’s order.

Sections 65 to 68 of the said Act apply to such a member.

2002, c. 45, s. 732.

733. For the purposes of sections 93.165.1, 285.27 to 285.31, 325.0.1 to 325.0.3, 325.1, 358, 378, 387 and 420 of the Act respecting insurance (chapter A-32) as they read on 11 December 2002, “Autorité des marchés financiers” or “Authority” shall designate the Inspector General of Financial Institutions until 1 February 2004.

2002, c. 45, s. 733; 2004, c. 37, s. 90.

734. For the purposes of sections 131.2 to 131.6 of the Act respecting financial services cooperatives (chapter C-67.3) as they read on 11 December 2002, “Autorité des marchés financiers” or “Authority” shall designate the Inspector General of Financial Institutions until 1 February 2004.

2002, c. 45, s. 734; O.C. 1366-2003, s. 1; 2004, c. 37, s. 90.

735. For the purposes of sections 59, 81, 103.1 to 103.3, 186.1, 189.1, 223, 224.1 and 336 of the Act respecting the distribution of financial products and services (chapter D-9.2) as they read on 11 December 2002, “Autorité des marchés financiers” or “Authority” shall designate the Bureau des services financiers until 1 February 2004.

2002, c. 45, s. 735; O.C. 1366-2003, s. 2; 2004, c. 37, s. 90.

736. For the purposes of sections 153.2 to 153.6, 226, 227, 244, 314.1, 315 and 351 of the Act respecting trust companies and savings companies (chapter S-29.01) as they read on 11 December 2002, “Autorité des marchés financiers” or “Authority” shall designate the Inspector General of Financial Institutions until 1 February 2004.

2002, c. 45, s. 736; O.C. 1366-2003, s. 3; 2004, c. 37, s. 90.

737. For the purposes of section 20 of the Act constituting Capital régional et coopératif Desjardins (chapter C-6.1) as it reads on 11 December 2002, the Autorité des marchés financiers means the Régie de l’assurance-dépôts du Québec until 1 February 2004.

2002, c. 45, s. 737; 2004, c. 37, s. 90.

738. For the purposes of sections 92, 151.1.1, 168.1.2 to 168.1.4, 195, 236, 273.1, 295.2, 331, 331.1 and 334 of the Securities Act (chapter V-1.1) as they read on 11 December 2002, “Autorité des marchés financiers” or “Authority” shall designate the Commission des valeurs mobilières du Québec until 1 February 2004.

2002, c. 45, s. 738; O.C. 1366-2003, s. 4; 2004, c. 37, s. 90.

739. Titles V to VI of the Act respecting the distribution of financial products and services (chapter D-9.2) shall cease to have effect with respect to a Chamber whose recognition as a recognized self-regulatory organization is withdrawn by the Authority under section 89 of the Act respecting the Autorité des marchés financiers (chapter A-33.2). On the date of the revocation of its recognition, the Chamber is continued under Part III of the Companies Act (chapter C-38).

The Authority shall exercise the functions and powers provided for in Chapter III of Title V and Chapters I and II of Title VI of that Act with respect to the members of the Chamber, with the necessary modifications.

2002, c. 45, s. 739; 2004, c. 37, s. 90.

740. A stock exchange, securities clearing-house or professional association recognized as a self-regulatory organization under Title VI of the Securities Act (chapter V-1.1) or any other Act on 1 February 2004 shall be authorized to continue to carry on its activity in Québec in accordance with the prescribed conditions.

The same applies to a stock exchange, securities clearing-house or professional association which, on that date, is benefiting from an exemption granted by the Commission des valeurs mobilières du Québec pursuant to section 263 of that Act.

Sections 74 to 91 of this Act apply to a self-regulatory organization recognized by the Commission before 31 January 2004.

2002, c. 45, s. 740.

741. Notwithstanding section 60 of this Act, the self-regulatory organizations referred to in section 351 of the Securities Act (chapter V-1.1), as it read before being repealed by section 694 of this Act, may continue to carry on their activities for a period of six months from 1 February 2004.

2002, c. 45, s. 741.

742. The terms of office of the Inspector General of Financial Institutions, of the Deputy Inspector General, of the members of the Commission des valeurs mobilières du Québec, of the members of the board of the Bureau des services financiers and of the directors of the Régie de l’assurance-dépôts du Québec, in office on 31 January 2004 shall terminate on 1 February 2004. The persons who, at the time of their appointment, were members of the public service shall be returned to the public service on the conditions fixed at the time of their respective appointment. As for the others, their terms of office shall terminate without compensation, subject to the compensation provided for in their deed of appointment.

A person referred to in the first paragraph shall continue to exercise his or her functions in order to conclude the matters that the person has yet to determine; in such circumstances, the person shall receive from the Authority, during the required period, the same remuneration as the remuneration the person was receiving before the end of his or her term.

2002, c. 45, s. 742; 2004, c. 37, s. 90.

743. The Regulation respecting the compulsory professional development of financial planners (Order in Council 1451-2001 dated 5 December 2001) made by the Institut québécois de planification financière and approved by the Government under section 58 of the Act respecting the distribution of financial products and services (chapter D-9.2), as it read before 1 February 2004 is deemed to be a regulation made by the Autorité des marchés financiers pursuant to section 200 of that Act.

2002, c. 45, s. 743; 2004, c. 37, s. 90.

744. The provisions of the regulations made by the Bureau des services financiers, the Commission des valeurs mobilières du Québec, the Chambre de la sécurité financière and the Chambre de l’assurance de dommages, respectively, under section 200, subparagraphs 1 and 3 to 6 of the first paragraph of section 203, sections 205, 209 and 210, subparagraphs 1, 4, 5 and 13 to 15 of the first paragraph of section 223, subparagraph 3 of the first paragraph of section 228 and sections 315 and 423 of the Act respecting the distribution of financial products and services (chapter D-9.2) which are in force on 31 January 2004 continue to have effect until they are replaced or repealed by regulation of the Autorité des marchés financiers.

2002, c. 45, s. 744; 2004, c. 37, s. 90.

745. Notwithstanding the provisions of sections 298, 568 and 568.1 of the Act respecting the distribution of financial products and services (chapter D-9.2), a Chamber may, in its by-laws, extend the term of office of any member of its board of directors in office on 11 December 2002 for one year.

2002, c. 45, s. 745.

746. The Government may, by regulation made before 11 December 2004, adopt any other transitional provision or measure that is expedient for the carrying out of this Act.

A regulation made under the first paragraph shall not be subject to the publication requirement provided for in section 8 of the Regulations Act (chapter R-18.1) and shall enter into force on the date of its publication in the Gazette officielle du Québec or at any later date indicated therein. The regulation may also, if it provides therefor, apply from any date not prior to 11 December 2002.

2002, c. 45, s. 746.

747. The Government may, by order made before 11 December 2004, amend any provision of an Act to provide for the transfer of duties and powers relating to the regulation of the financial sector to the Autorité des marchés financiers in order to attain the object of this Act.

Sections 707 to 726 apply to the transfer to the Autorité des marchés financiers of any of such duties and powers.

2002, c. 45, s. 747; 2004, c. 37, s. 90.

748. The sums required for the carrying out of this Act during the 2002/2003 fiscal year shall be taken out of the Consolidated Revenue Fund, to such extent as is determined by the Government.

2002, c. 45, s. 748.

749. The Minister of Finance is responsible for the application of this Act, except for the provisions relating to the functions and powers exercised by the Authority for the purposes of the Act respecting contracting by public bodies (chapter C-65.1), which are under the responsibility of the Minister who is the Chair of the Conseil du trésor.

2002, c. 45, s. 749; 2012, c. 25, s. 30.

750. (Omitted).

2002, c. 45, s. 750; 2002, c. 70, s. 178.

SCHEDULE 1

(section 7)

DEPOSIT INSURANCE ACT (chapter A-26)

DERIVATIVES ACT (chapter I-14.01)

AN ACT RESPECTING INSURANCE (chapter A-32)

AN ACT RESPECTING FINANCIAL SERVICES COOPERATIVES (chapter C-67.3)

AN ACT RESPECTING THE DISTRIBUTION OF FINANCIAL PRODUCTS AND SERVICES (chapter D-9.2)

AN ACT RESPECTING TRUST COMPANIES AND SAVINGS COMPANIES (chapter S-29.01)

SECURITIES ACT (chapter V-1.1)

AN ACT RESPECTING THE MOUVEMENT DESJARDINS (2000, chapter 77)

TITLE VII OF THE AUTOMOBILE INSURANCE ACT (chapter A-25)

2002, c. 45, Schedule 1; 2008, c. 24, s. 194; 2011, c. 26, s. 17.

SCHEDULE 2

(section 116)

BUREAU DES SERVICES FINANCIERS

CHAMBRE DE L’ASSURANCE DE DOMMAGES

CHAMBRE DE LA SÉCURITÉ FINANCIÈRE

COMMISSION DES VALEURS MOBILIÈRES DU QUÉBEC

FONDS D’INDEMNISATION DES SERVICES FINANCIERS

THE INSPECTOR GENERAL OF FINANCIAL INSTITUTIONS

INSTITUT QUÉBÉCOIS DE PLANIFICATION FINANCIÈRE

RÉGIE DE L’ASSURANCE-DÉPÔTS DU QUÉBEC

2002, c. 45, Schedule 2.

SCHEDULE 3

(section 134)

BUREAU DES SERVICES FINANCIERS

COMMISSION DES VALEURS MOBILIÈRES DU QUÉBEC

FONDS D’INDEMNISATION DES SERVICES FINANCIERS

THE INSPECTOR GENERAL OF FINANCIAL INSTITUTIONS

RÉGIE DE L’ASSURANCE-DÉPÔTS DU QUÉBEC

2002, c. 45, Schedule 3.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter A-7.03 of the Revised Statutes, in force on 1 March 2005, is repealed effective from the coming into force of chapter A-33.2 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), the first paragraph of section 104, paragraph 1 of section 358, paragraph 2 of section 359, section 373, paragraph 2 of section 374, section 445 and section 730 of chapter 45 of the statutes of 2002, in force on 1 March 2005, are repealed effective from the coming into force of the updating to 1 March 2005 of chapter A-33.2 of the Revised Statutes.