I-13.011 - Act respecting the Institut de la statistique du Québec

À jour au 22 septembre 2022

Ce document a valeur officielle.

chapter I-13.011

Act respecting the Institut de la statistique du Québec

CHAPTER I ESTABLISHMENT, MISSION AND FUNCTIONS

1. A body to be known as the “Institut de la statistique du Québec” is hereby established.

The Institut may also be designated under the name “Statistique Québec”.

1998, c. 44, s. 1.

2. The mission of the Institut is to provide reliable and objective statistical information on the situation of Québec as regards all aspects of Québec society for which such information is pertinent.

The Institut shall be the central authority for the production and dissemination of statistical information for the government departments and bodies, except information produced for administrative purposes. The Institut shall be responsible for the carrying out of statistical surveys of general interest.

1998, c. 44, s. 2.

2.1. The Institut’s mission is also to ensure the communication, for research purposes, of information held by public bodies to researchers attached to a public body, in accordance with Chapter I.2.

2021, c. 15, s. 68.

2.2. For the purposes of this Act,

(1)  a public body is a body referred to in section 3 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1); and

(2)  a researcher is attached to a public body

(a)  where the researcher conducts research for that public body under a contract of employment or a service contract entered into with the public body,

(b)  where the public body is an institution to which the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5) applies and the researcher is a physician, dentist or pharmacist practising in a centre operated by that institution, or

(c)  in any other case the Minister may determine by regulation.

2021, c. 15, s. 68.

3. The Institut shall establish and keep up to date a Québec population record.

The Institut shall, for that purpose, collect and compile data on births, marriages and deaths, immigration and emigration.

The Institut shall also prepare each year an estimate of the population of municipalities.

1998, c. 44, s. 3.

3.1. In the pursuit of its mission, the Institut shall, among other things, collect, produce and disseminate the statistical information necessary for the following purposes:

(1)  to help develop and monitor the Government’s sustainable development strategy, including the statistical information required for sustainable development indicators;

(2)  to draft the reports provided for in the Act respecting sustainable development (chapter D-8.1.1);

(3)  to help monitor the language situation in Québec, including the indicators of the use of French in the public sphere by the Québec population; and

(4)  to draft the reports, conduct the research, analyses and studies and draft the opinions provided for in the Charter of the French language (chapter C-11).

2006, c. 3, s. 21; 2022, c. 14, s. 149.

4. The Institut shall inform the public on the comparative state and evolution of the total remuneration of the employees governed by a collective agreement of the Government and of the school service centres, school boards, colleges and institutions, and the total remuneration of other Québec employees of any category it determines.

Not later than 30 November each year, the Institut shall publish a report of its findings.

The terms “school service centres”, “school boards”, “colleges” and “institutions” shall, for the purposes of the first paragraph, have the same meaning as in section 1 of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R‐8.2).

1998, c. 44, s. 4; 2020, c. 1, s. 284.

4.1. Where the Government so requests, the Institut shall also inform the public on the comparative state and evolution of the total remuneration of the employees governed by a collective agreement of the municipalities and on the total remuneration of any other category of persons employed in Québec that it determines.

2000, c. 27, s. 11.

5. In the pursuit of its mission, the Institut may

(1)  collect, compile, integrate, analyze and disseminate information and process the information in such a manner that comparisons in and outside Québec may be made;

(2)  collaborate with the government departments and bodies in the use of administrative data for statistical purposes;

(3)  facilitate, as required, the coordination of the statistical activities of the government departments and bodies, in particular to avoid duplication;

(4)  recommend definitions, codes or concepts to facilitate the production of statistics and ensure the comparability of statistics;

(5)  provide scientific or technical services in the field of statistics to government departments and bodies and to its other clients;

(6)  take any initiative to foster cooperation between government departments and bodies in the use of new information and communication technologies to facilitate the production and dissemination of government statistical information;

(7)  develop methodologies, integration frameworks and other necessary tools.

1998, c. 44, s. 5.

6. The Institut may form committees to allow for the participation of persons who do not form part of the personnel of the Institut in the pursuit of the mission and functions of the Institut.

1998, c. 44, s. 6.

7. The Minister may, in accordance with the law, enter into an agreement with a government other than the Gouvernement du Québec or a department of such a government, with an international organization or with a body of such a government or organization providing for the carrying out of this Act.

The Minister may authorize, in writing, the Chief Statistician of the Institut to sign an agreement described in this section in the Minister’s name, and the Chief Statistician’s signature has the same effect as the Minister’s signature. The authorization may relate to a specific agreement or to a category of agreements.

1998, c. 44, s. 7; 2011, c. 18, s. 69; 2021, c. 15, s. 76.

8. The entering into of an agreement in the field of statistics referred to in subdivision 2 of Division II of the Act respecting the Ministère du Conseil exécutif (chapter M‐30) or Chapter III of the Act respecting the Ministère des Relations internationales (chapter M‐25.1.1), by a minister or a government body and a statistics body must be recommended in advance by the minister responsible for the administration of this Act.

1998, c. 44, s. 8.

8.1. A public body may communicate information for statistical purposes to a statistics body only under an agreement to which the Institut is a party.

The public body must, at the Institut’s request, communicate to the Institut the information covered by the agreement, on the terms and conditions stipulated in the agreement.

2021, c. 15, s. 69.

8.2. A public body that obtains information for statistical purposes from a statistics body must inform the Institut of that fact in writing.

2021, c. 15, s. 69.

9. In the pursuit of its mission, the Institut may enter into an agreement with a public body to allow for the collection, exchange, transmission, analysis and distribution of information.

Any public body may communicate to the Institut the personal information necessary for the enforcement of such an agreement. The information is then communicated in accordance with the provisions of the agreement entered into with each public body concerned.

For the purposes of this section, any public body may enter into an agreement with the Institut.

1998, c. 44, s. 9; 2021, c. 15, s. 70.

10. An agreement under section 7 or 9 must provide that

(1)  the person who provides information is informed, at the time the information is collected, that the information is being collected for use both by the Institut and by the other party to the agreement;

(2)  the information provided by a person will not be transmitted to the other party to the agreement if the person gives written notice to the Institut that the person is opposed to the transmission.

However, subparagraph 2 shall be without effect if the other party to the agreement is authorized by law to require the person to comply with the request for information, under pain of penalty.

1998, c. 44, s. 10.

11. Where the Institut collects information from a person, it must first provide identification and inform the person

(1)  of the purpose of the survey;

(2)  that the request is a request for which a reply is obligatory or optional;

(3)  of any data-sharing agreement and of the right to oppose in writing, in accordance with section 10, the communication of the information to the other party to the agreement.

The Chief Statistician shall determine that a request is a request for which a reply is obligatory if, in the opinion of the Chief Statistician, it is necessary to ensure the reliability of the statistics produced.

Every request for information by the Institut for the purposes of this Act for which a reply is obligatory must be complied with and the information must be transmitted within the time and in the form prescribed by the Institut.

1998, c. 44, s. 11; 2021, c. 15, s. 76.

12. A person having custody of records, registers or other documents of a public body must allow the Institut to have access to them for the purposes of this Act.

1998, c. 44, s. 12.

13. The Government may confer on the Institut any mandate related to the pursuit of its mission.

The Institut must indicate in its annual report any mandate received under the first paragraph.

1998, c. 44, s. 13.

CHAPTER I.1 DESIGNATED INFORMATION

2021, c. 15, s. 71.

13.1. In addition to the provisions of this Act allowing the Institut to obtain information from a public body, the Government may designate information held by a public body so that it may, in accordance with this Act, be used by the Institut and communicated, for research purposes, to researchers attached to a public body, unless, in the latter case, the Government provides otherwise.

The information is designated by the Government on the joint recommendation of the Minister and the minister responsible for the public body holding the information. The Government shall identify the public body and may specify the conditions, terms and limits applicable to the use and communication of certain designated information by the Institut, in particular to ensure the protection of personal information.

The Institut shall, as soon as possible, send a copy of the designation document to the Commission d’accès à l’information.

2021, c. 15, s. 71.

13.2. At the request of the Institut, a public body must communicate to the Institut the designated information that it holds and that is necessary for the purposes of this Act.

The Institut and the public body may enter into an agreement to that end.

2021, c. 15, s. 71.

CHAPTER I.2 COMMUNICATION, FOR RESEARCH PURPOSES, OF DESIGNATED INFORMATION TO RESEARCHERS ATTACHED TO A PUBLIC BODY

2021, c. 15, s. 71.

DIVISION I GENERAL PROVISIONS

2021, c. 15, s. 71.

13.3. This chapter applies to designated information that may be communicated for research purposes by the Institut to a researcher attached to a public body.

2021, c. 15, s. 71.

13.4. The Institut shall publish on its website a list of the information to which this chapter applies, coupled with each public body holding such information.

2021, c. 15, s. 71.

13.5. Designated information is communicated for research purposes by the Institut to a researcher attached to a public body in accordance with this chapter despite sections 67.2.1 to 67.2.3 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

2021, c. 15, s. 71; 2021, c. 25, s. 91.

13.6. Despite section 13.5, a researcher attached to a public body is not required to obtain from the Institut communication of information to which this chapter applies

(1)  where personal information is required as part of a research project requiring a survey with the persons concerned;

(2)  where the information is held by a public body to which the researcher is attached; or

(3)  in any other case the Minister may determine by regulation.

2021, c. 15, s. 71; 2021, c. 25, s. 92.

DIVISION II COMMUNICATION REQUEST

2021, c. 15, s. 71.

13.7. Any researcher attached to a public body who intends to obtain from the Institut communication of designated information for research purposes must request it in writing, in the form determined by the Institut.

Where the information includes personal information, the researcher must show in the request that

(1)  the objective of the research project can only be achieved if that personal information is communicated;

(2)  it is unreasonable to require that the researcher obtain the consent of the persons concerned;

(3)  the communication and use of personal information as part of the researcher’s research project are not prejudicial to the persons concerned and that the research project’s expected benefits are in the public interest;

(4)  the personal information will be used in a manner that will ensure its confidentiality; and

(5)  only the personal information necessary for the research project is requested.

2021, c. 15, s. 71.

13.8. The following documents must be submitted with the communication request provided for in section 13.7:

(1)  a document establishing that the researcher is attached to a public body;

(2)  a detailed presentation of the research activities;

(3)  if applicable, the decision of a research ethics committee relating to the research project concerned; and

(4)  any other document the Minister may determine by regulation.

2021, c. 15, s. 71.

DIVISION III COMMUNICATION AGREEMENT

2021, c. 15, s. 71.

13.9. Once a researcher attached to a public body has provided the documents required under this Act and has shown, in the Institut’s opinion, if applicable, that the conditions of the second paragraph of section 13.7 are met, the researcher may enter into a communication agreement with the Institut.

2021, c. 15, s. 71.

13.10. The communication agreement must, in particular,

(1)  provide for measures that ensure the protection of the information;

(2)  determine the retention period that applies to information;

(3)  provide for the destruction of the information at the expiry of the retention period;

(4)  provide that the Institut and the Commission d’accès à l’information must be informed without delay

(a)  of non-compliance with any condition set out in the agreement,

(b)  of any failure to comply with the protection measures provided for in the agreement, and

(c)  of any event that could breach the confidentiality of the information; and

(5)  provide for the transmission to the Institut of information needed to maintain the register provided for in section 13.16.

Where the agreement concerns personal information, it must also stipulate that the information

(1)  may be made accessible only to persons who need it to exercise their functions and who have signed a confidentiality agreement;

(2)  may not be used for purposes other than those specified in the detailed presentation of the research activities;

(3)  may not be compared, combined or paired with any other information that has not been provided for in the detailed presentation of the research activities; and

(4)  may not be communicated, published or otherwise distributed in a form allowing the persons concerned to be identified.

2021, c. 15, s. 71.

13.11. The Institut shall send a copy of any communication agreement to the Commission d’accès à l’information and to the public body that communicated to the Institut the information that is covered by the agreement within 30 days after the agreement is entered into.

2021, c. 15, s. 71.

DIVISION IV COMMUNICATION OF DESIGNATED INFORMATION

2021, c. 15, s. 71.

13.12. The Institut shall communicate the requested designated information to a researcher attached to a public body with whom a communication agreement was entered into and who, where the information had to be compared, combined or paired by the Institut, paid the fees payable for the creation of an information file.

2021, c. 15, s. 71.

13.13. Information is to be communicated by appropriate means to ensure the protection of personal information that are determined by the Institut.

2021, c. 15, s. 71.

13.14. The information may only be communicated in a form that does not allow the persons concerned to be identified directly.

2021, c. 15, s. 71.

13.15. When notified that a case described in any of subparagraphs a to c of subparagraph 4 of the first paragraph of section 13.10 has occurred, the Institut shall, without delay, so notify the public body that communicated the information concerned to the Institut.

2021, c. 15, s. 71.

DIVISION V REGISTER OF PUBLICATIONS

2021, c. 15, s. 71.

13.16. The Institut shall keep on its website a register of result publications regarding research projects for which designated information was communicated in accordance with this chapter. The register must contain the following information for each publication:

(1)  the title and date of the publication;

(2)  the name of the researcher attached to a public body;

(3)  the name of each public body to which the researcher is attached; and

(4)  any other information considered relevant by the Institut.

2021, c. 15, s. 71.

CHAPTER II ORGANIZATION

14. The Institut shall be directed by a Chief Statistician appointed by the Government.

The Chief Statistician shall be assisted by one or more assistant chief statisticians appointed by the Government.

1998, c. 44, s. 14; 2021, c. 15, s. 76; 2022, c. 19, s. 172.

15. The Chief Statistician shall be appointed for a term of five years and the assistant chief statisticians for terms of up to five years. At the end of their terms, they shall remain in office until replaced or reappointed.

1998, c. 44, s. 15; 2021, c. 15, s. 76; 2022, c. 19, s. 173.

16. If the Chief Statistician or an assistant chief statistician is absent or unable to act, the minister responsible for the administration of this Act may appoint an interim replacement.

1998, c. 44, s. 16; 2021, c. 15, s. 76; 2022, c. 19, s. 174.

17. The Government shall determine the remuneration, employment benefits and other conditions of employment of the Chief Statistician and the assistant chief statisticians.

1998, c. 44, s. 17; 2021, c. 15, s. 76; 2022, c. 19, s. 175.

18. The Chief Statistician shall be responsible for the administration of the Institut and the supervision of its personnel.

The office of Chief Statistician and that of Assistant Chief Statistician are full-time positions, and, except where authorized by the Government, the attention of the Chief Statistician and of the assistant chief statisticians must be devoted exclusively to the duties of their office.

1998, c. 44, s. 18; 2021, c. 15, s. 76; 2022, c. 19, s. 176.

19. The Chief Statistician and the assistant chief statisticians shall not, under pain of forfeiture of office, have any direct or indirect interest in an enterprise that puts their interest in conflict with that of the Institut.

However, forfeiture is not incurred if such an interest devolves to them by succession or gift, provided they renounce or dispose of it with dispatch.

1998, c. 44, s. 19; 2021, c. 15, s. 76; 2022, c. 19, s. 177.

20. The members of the personnel of the Institut shall be appointed in accordance with the Public Service Act (chapter F‐3.1.1).

1998, c. 44, s. 20; 2000, c. 8, s. 242.

21. No act, document or writing is binding on or may be attributed to the Institut unless it is signed by the Chief Statistician, an assistant chief statistician, a member of the personnel of the Institut or the holder of a position and, in the latter three cases, only so far as determined by the Chief Statistician.

1998, c. 44, s. 21; 2021, c. 15, s. 76; 2022, c. 19, s. 178.

22. The Chief Statistician may, on the conditions the Chief Statistician determines, allow the Chief Statistician’s signature to be affixed by means of an automatic device to the documents the Chief Statistician determines.

The Chief Statistician may also allow a facsimile of the signature of the Chief Statistician to be engraved, lithographed or printed on the documents the Chief Statistician determines. The facsimile must be countersigned by a person authorized for that purpose by the Chief Statistician.

1998, c. 44, s. 22; 2021, c. 15, s. 76.

23. Any document or copy of a document emanating from the Institut or forming part of its records, signed or certified by a person referred to in section 21, is authentic.

1998, c. 44, s. 23.

24. The secretariat of the Institut shall be established in the territory of the national capital, at any place determined by the Government. Notice of the location or of any change of the location of the secretariat shall be published in the Gazette officielle du Québec.

1998, c. 44, s. 24.

CHAPTER III CONFIDENTIALITY

25. The Chief Statistician, assistant chief statisticians, public servants and any other person whose services are used by the Chief Statistician in the exercise of the Chief Statistician’s functions shall not disclose or cause to be disclosed, by any means whatsoever, any information obtained under this Act if disclosure would allow information to be associated with a specific person, enterprise, body or association.

1998, c. 44, s. 25; 2021, c. 15, s. 76; 2022, c. 19, s. 179.

26. Notwithstanding section 25, information may be disclosed with prior consent in writing from the person, enterprise, body or association concerned.

Information may also be disclosed without such prior consent in the following cases:

(1)  an agreement entered into under section 10 or 13.9 so provides;

(2)  disclosure of the information is required for the purposes of a prosecution under this Act;

(3)  communication of the information is authorized by the Chief Statistician in accordance with sections 27 to 29.

1998, c. 44, s. 26; 2021, c. 15, s. 72.

27. The Chief Statistician may, except in respect of personal information, authorize in writing the communication of information collected by public bodies for their own purposes and communicated to the Institut; however, such information is subject, when communicated to the Institut, to the confidentiality requirements to which it was subject when gathered and shall not be disclosed by the Institut except to the extent and in the manner agreed upon with the respondents by those who gathered it or the Chief Statistician.

1998, c. 44, s. 27; 2006, c. 22, s. 177; 2021, c. 15, s. 76.

28. The Chief Statistician may authorize in writing the communication of information obtained for the purposes of this Act in the form of an index or list

(1)  of the names and addresses of legal persons, enterprises, associations or establishments according to sectors of economic activity;

(2)  of the names and addresses of legal persons, enterprises, associations or establishments that fall within given classes according to the number of employees;

(3)  of products extracted, obtained, processed, manufactured, transported, stored, purchased, sold or shipped or of services provided by legal persons, enterprises, associations or establishments in the course of their operations.

Notwithstanding section 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1), an index or list provided for in the first paragraph may contain information relating to a natural person who operates an enterprise or an establishment.

1998, c. 44, s. 28; 2021, c. 15, s. 76.

29. The Chief Statistician may authorize in writing the communication of information defined by any Act as public information.

1998, c. 44, s. 29; 2021, c. 15, s. 76.

30. Except for the purposes of a prosecution under this Act, a person referred to in section 25 may not be compelled to reveal what was disclosed to that person or what that person learned in the exercise of the functions described in paragraphs 1 and 5 of section 5 or to produce a document prepared or obtained in the exercise of those functions before a court or before a body or a person exercising an adjudicative function.

Notwithstanding section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1), no person may have access to such a document.

This section also applies to any person who is in possession of a copy of any document used in the collection of information for the purposes of this Act.

1998, c. 44, s. 30.

CHAPTER III.1 REQUESTS FOR, USE OF AND RETENTION OF INFORMATION

2021, c. 15, s. 73.

30.1. The Institut may request information in accordance with sections 8.1 and 13.2 and use such information as part of its mission and to the extent provided by this Act, only if it is necessary for the purposes of

(1)  an agreement entered into with a government department or body;

(2)  a communication agreement entered into under section 13.9 with a researcher attached to a public body;

(3)  any other agreement that may be entered into by the Institut, under which the public body that communicated to the Institut the information covered by the agreement must authorize its use; or

(4)  the carrying out of a mandate referred to in section 13.

Before entering into an agreement referred to in subparagraph 1 of the first paragraph, the Institut must send it, for information purposes, to every public body having communicated information covered by the agreement.

2021, c. 15, s. 73.

30.2. The Institut shall destroy personal information communicated to it in accordance with sections 8.1 and 13.2 as soon as it is no longer necessary for the purposes of the agreement or mandate for which it was requested.

2021, c. 15, s. 73.

30.3. The Institut shall establish governance rules regarding designated personal information it holds for the purpose of communicating it to researchers attached to a public body and have them approved by the Commission d’accès à l’information. The rules must, in particular, provide a framework for the protection, retention and destruction of the information and provide for the roles and responsibilities of the members of the personnel of the Institut throughout the life cycle of such information.

The rules must be submitted again to the Commission for approval every three years.

The Institut shall publish the rules on its website, except those that could hinder the protection measures applied to ensure the confidentiality and integrity of the information.

2021, c. 15, s. 73.

CHAPTER III.2 OVERSIGHT BY THE COMMISSION D’ACCÈS À L’INFORMATION

2021, c. 15, s. 73.

30.4. The Commission d’accès à l’information shall oversee the application by the Institut of its governance rules with respect to the designated personal information held by the Institut for the purpose of communicating it to researchers attached to a public body.

2021, c. 15, s. 73.

30.5. The Institut shall, at the request of the Commission d’accès à l’information, provide it with such information as it may require on the application of the rules referred to in section 30.4.

2021, c. 15, s. 73.

30.6. After giving the Institut an opportunity to submit written observations, the Commission d’accès à l’information may make a recommendation to the Institut or order it to take the measures the Commission considers appropriate for the application of the rules.

2021, c. 15, s. 73.

30.7. Sections 123.1 to 123.3, 133 and 134 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) apply for purposes of oversight by the Commission d’accès à l’information.

2021, c. 15, s. 73.

CHAPTER IV FINANCIAL PROVISIONS AND REPORTS

31. The fiscal year of the Institut shall end on 31 March.

1998, c. 44, s. 31.

32. The Institut shall file with the Minister, on or before 30 June each year, its financial statements and a report of its operations for the preceding fiscal year. The report shall contain a list of the statistical surveys carried out during that period.

The financial statements and the report of operations shall contain any information required by the Minister.

1998, c. 44, s. 32.

33. The Minister shall table the financial statements and the report of operations in the National Assembly within 30 days of receiving them or, if the Assembly is not sitting, within 30 days of resumption.

The competent parliamentary committee of the National Assembly shall examine the financial statements and the report of operations and shall, where required, hear for that purpose the representatives of the Institut.

1998, c. 44, s. 33.

34. (Repealed).

1998, c. 44, s. 34; 2020, c. 5, s. 123.

35. Each year, and whenever so ordered by the Government, the books and accounts of the Institut shall be audited by the Auditor General.

The auditor’s report must be transmitted with the report of operations and the financial statements of the Institut.

1998, c. 44, s. 35.

36. The Government may, on the terms and conditions it determines,

(1)  authorize the Institut to contract loans by notes, bonds or otherwise;

(2)  guarantee the payment of the capital of and interest on any loan contracted by the Institut and the performance of any of its obligations;

(3)  authorize the Minister of Finance to advance to the Institut any amount considered necessary for the performance of its obligations or the exercise of its functions and powers.

The sums required for the purposes of subparagraphs 2 and 3 shall be taken out of the Consolidated Revenue Fund.

1998, c. 44, s. 36.

37. The sums received by the Institut shall be applied to the financing of its operations and the performance of its obligations.

1998, c. 44, s. 37.

38. The Institut may not make payments or assume obligations, except those provided for in section 36, for an amount that exceeds, in the same fiscal year, the sums at its disposal for the year in which the payments are made or the obligations assumed.

This section shall not operate to prevent the Institut from making commitments for more than one fiscal year.

1998, c. 44, s. 38.

39. The Institut may invest the sums at its disposal for its administration under this Act

(1)  in demand deposits or term deposits of less than one year with the Caisse de dépôt et placement du Québec, a bank or an authorized foreign bank listed in Schedule I, II or III to the Bank Act (Statutes of Canada, 1991, chapter 46), or a financial services cooperative;

(2)  in securities for a term of less than one year issued or guaranteed by the Gouvernement du Québec or the Government of Canada.

1998, c. 44, s. 39; 2000, c. 29, s. 660; 2002, c. 45, s. 541; 2002, c. 70, s. 186.

40. Subject to the confidentiality requirements imposed by Chapter III, the Institut must furnish to the Minister any information the Minister requires on its operations.

1998, c. 44, s. 40.

CHAPTER V PENAL PROVISIONS

41. A person is guilty of an offence where the person

(1)  discloses, contrary to this Act and without reasonable excuse, information obtained for the purposes of this Act;

(1.1)  contravenes a stipulation of a communication agreement referred to in section 13.9 to which the person is a party;

(1.2)  contravenes a confidentiality agreement that the person signed in accordance with subparagraph 1 of the second paragraph of section 13.10;

(2)  makes use of information obtained in the exercise of the person’s functions to obtain undue advantage for the person or any other person;

(3)  obtains or attempts to obtain, under the pretence of the exercise of the person’s functions, information that the person is not authorized to obtain;

(4)  provides false identification or pretends to be a person referred to in section 25 to obtain information;

(5)  incites or encourages a person referred to in section 25 to disclose, contrary to this Act, information obtained for the purposes of this Act;

(6)  refuses or neglects, without reasonable excuse, in the case of a request for which a reply is obligatory, to comply with a request for information, to fill out a request for information or to transmit the reply to a request for information within the time and in the form prescribed;

(7)  knowingly provides false information in reply to a request for information made under this Act;

(8)  having custody of records, registers or documents of a public body, an enterprise or an association, does not allow a person referred to in section 25 to have access thereto for the purposes of this Act.

1998, c. 44, s. 41; 2021, c. 15, s. 74.

42. Any person who contravenes section 41 is liable to a fine of $200 to $1,000 and, for any subsequent offence, to a fine of $500 to $2,500.

1998, c. 44, s. 42.

42.1. On an application made by the prosecutor and submitted with the statement of offence, the judge may impose on the offender, in addition to any other penalty, a further fine not exceeding the financial benefit realized by the offender as a result of the offence, even if the maximum fine has been imposed.

2021, c. 15, s. 75.

CHAPTER VI AMENDING PROVISIONS

ACT RESPECTING ACCESS TO DOCUMENTS HELD BY PUBLIC BODIES AND THE PROTECTION OF PERSONAL INFORMATION

43. (Amendment integrated into c. A-2.1, s. 79).

1998, c. 44, s. 43.

44. (Amendment integrated into c. A-2.1, Schedule A).

1998, c. 44, s. 44.

HEALTH INSURANCE ACT

45. (Amendment integrated into c. A-29, s. 67).

1998, c. 44, s. 45.

LABOUR CODE

46. (Amendment integrated into c. C-27, s. 1).

1998, c. 44, s. 46.

47. (Amendment integrated into c. C-27, s. 111.8).

1998, c. 44, s. 47.

ACT RESPECTING THE MINISTÈRE DU REVENU

48. (Amendment integrated into c. M-31, s. 69.1).

1998, c. 44, s. 48.

49. (Amendment integrated into c. M-31, s. 71).

1998, c. 44, s. 49.

ACT RESPECTING MUNICIPAL TERRITORIAL ORGANIZATION

50. (Amendment integrated into c. O-9, s. 29).

1998, c. 44, s. 50.

ACT RESPECTING THE PROCESS OF NEGOTIATION OF THE COLLECTIVE AGREEMENTS IN THE PUBLIC AND PARAPUBLIC SECTORS

51. (Omitted).

1998, c. 44, s. 51.

52. (Amendment integrated into c. R-8.2, s. 53).

1998, c. 44, s. 52.

ACT RESPECTING THE GOVERNMENT AND PUBLIC EMPLOYEES RETIREMENT PLAN

53. (Amendment integrated into c. R-10, Schedule I).

1998, c. 44, s. 53.

ACT RESPECTING NORTHERN VILLAGES AND THE KATIVIK REGIONAL GOVERNMENT

54. (Amendment integrated into c. V-6.1, s. 3).

1998, c. 44, s. 54.

CHAPTER VII TRANSITIONAL AND FINAL PROVISIONS

55. The Institut de la statistique du Québec acquires the rights and assumes the obligations of the Bureau de la statistique du Québec, the Institut de recherche et d’information sur la rémunération and Santé Québec and of the Ministère du Travail to the extent, in the case of the Ministère du Travail, that such rights and obligations relate to surveys regarding total remuneration.

1998, c. 44, s. 55.

56. The physical resources, records and documents of the bodies referred to in section 55 become the resources, records and documents of the Institut de la statistique du Québec insofar as the Institut succeeds to the rights and obligations of those bodies.

1998, c. 44, s. 56.

57. The term of office of the members of the Institut de recherche et d’information sur la rémunération ends on 1 April 1999.

1998, c. 44, s. 57.

58. The employees of the Institut de recherche et d’information sur la rémunération and the employees of Santé Québec who are in office on 31 March 1999 and who are designated by an order of the Government shall become employees of the Institut de la statistique du Québec, on the terms and conditions provided in such order. Employees so transferred are deemed to have been appointed in accordance with the Public Service Act (chapter F‐3.1.1).

The Conseil du trésor may establish any rule, standard or policy relating to the classification, rate of remuneration, tenure or any other condition of employment applicable to the employees referred to in the first paragraph.

1998, c. 44, s. 58; 2000, c. 8, s. 242.

59. The members of the personnel of the Ministère du Travail assigned to the carrying out of surveys regarding total remuneration and designated by an order of the Government and the members of the personnel of the Bureau de la statistique du Québec shall become, without further formality, the members of the personnel of the Institut de la statistique du Québec.

1998, c. 44, s. 59.

60. (Omitted).

1998, c. 44, s. 60.

61. The appropriations granted for the fiscal year 1999-2000 to the Institut de recherche et d’information sur la rémunération and to the Bureau de la statistique, the sums in a fund managed by the Bureau de la statistique on 31 March 1999 and the appropriations relating to the members of the personnel of the Ministère du Travail referred to in section 59 shall be transferred to the Institut de la statistique du Québec as well as, to the extent provided by the Government, any other appropriations from the Ministère des Finances and the Ministère du Travail.

The sums held by or on behalf of Santé Québec and any appropriations from the Ministère de la Santé et des Services sociaux for the fiscal year 1999-2000 shall be transferred to the Institut de la statistique du Québec to the extent provided by the Government.

1998, c. 44, s. 61.

62. (Omitted).

1998, c. 44, s. 62.

63. The minister designated by the Government is responsible for the administration of this Act.

1998, c. 44, s. 63.

The Minister of Finance is responsible for the administration of this Act. Order in Council 1689-2022 dated 26 October 2022, (2022) 154 G.O. 2 (French), 6581.

64. (Omitted).

1998, c. 44, s. 64.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R‐3), chapter 44 of the statutes of 1998, in force on 1 April 1999, is repealed, except sections 60 and 64, effective from the coming into force of chapter I-13.011 of the Revised Statutes.