M-15.001 - Act respecting the Ministère de l’Emploi et de la Solidarité sociale and the Commission des partenaires du marché du travail

À jour au 1^er septembre 2020

Ce document a valeur officielle.

chapter M-15.001

Act respecting the Ministère de l’Emploi et de la Solidarité sociale and the Commission des partenaires du marché du travail

2001, c. 44, s. 28; 2007, c. 3, s. 30.

CHAPTER I RESPONSIBILITIES OF THE MINISTER

1. The Ministère de l’Emploi et de la Solidarité sociale shall be under the direction of the Minister of Employment and Social Solidarity appointed under the Executive Power Act (chapter E-18).

1997, c. 63, s. 1; 2001, c. 44, s. 28.

The Minister of Employment and Social Solidarity is designated under the name of Minister of Employment. Order in Council 1660-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6523.

2. The Minister shall instigate and coordinate state action in the areas of workforce, employment, income security and social benefits as well as in the area of services to citizens and businesses.

The actions taken by the Minister, after consulting with the other ministers concerned, in the areas of workforce and employment shall focus, in particular, on labour market information, placement, and all aspects of active labour market policy; such actions shall include the provision of public employment services in local centres.

In the area of services to citizens and businesses, the Minister’s mission is to provide a single window in order to procure simplified access to public services throughout Québec. To do so, the Minister shall

(1)  see that integrated service delivery is developed in a manner that guarantees its efficiency and ensure a government presence in all regions of Québec, based on the directions determined by the Government;

(2)  provide information to citizens and businesses and referral services with respect to the delivery of the services that are available to them;

(3)  ensure that the department provides a main gateway to business start-up and development services, including ready access to the forms and procedures needed to complete registration, modification, declaration and other formalities;

(4)  ensure optimal use of information technologies in the delivery of services while taking into consideration the choice of citizens and businesses regarding the mode of service delivery;

(5)  facilitate access to public documents by citizens and businesses in keeping with the provisions of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1);

(6)  foster concerted action and partnership in the delivery of services; and

(7)  propose to any person, department or body the Minister may enter into agreements with, means to enhance the delivery of services to citizens and businesses.

1997, c. 63, s. 2; 2007, c. 3, s. 72; 2013, c. 4, s. 2; 2016, c. 25, s. 9.

The Minister of Employment is responsible for student placement. In that capacity, the Minister is to take any measures considered conducive to student placement with government departments and public bodies and with private enterprises. Order in Council 1660-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6523.

3. The Minister shall, subject to subparagraph 4 of the first paragraph of section 77.1 of the Public Administration Act (chapter A-6.01), draw up policies and measures in the areas under his authority and propose them to the Government, primarily in order to

(1)  facilitate the employment of available workforce;

(2)  promote the development of workforce;

(3)  improve the supply of workforce and influence the demand for workforce, in order to facilitate a balance between workforce supply and demand in the labour market;

(4)  ensure an acceptable standard of living for every person and every family.

The strategies and objectives in the area of workforce and employment shall be defined in collaboration with the Commission des partenaires du marché du travail.

The Minister shall see to the implementation of policies and measures and shall oversee and coordinate their application.

The Minister shall also be responsible for the administration of the Acts assigned to his responsibility, and shall exercise every other function assigned to him by the Government.

1997, c. 63, s. 3; 2007, c. 3, s. 72; 2013, c. 4, s. 3.

3.1. The Minister shall annually, in collaboration with the Commission des partenaires du marché du travail, prepare a workforce and employment plan of action which must be submitted to the Government for approval. The plan must determine the results targets established for the short and medium terms, the means by which they are to be achieved, and the parameters for the allocation of the public employment services budgets.

The Minister may also approve, with or without amendment, the regional plans of action as regards workforce and employment forwarded to the Minister by the Commission. The Minister shall make a decision as soon as possible.

2016, c. 25, s. 10.

3.2. On the Minister’s recommendation, the Government may, by regulation, specify the fees payable by any person using a workforce training and employment service provided by the department.

The Minister must, before making a recommendation, consult with the Commission des partenaires du marché du travail.

2016, c. 25, s. 10.

4. In designing and implementing measures in the areas under his authority to respond to the needs of the population, the Minister shall promote concerted action among, and the involvement of, the government, employers, unions, community groups, and the education and economic sectors.

The Minister shall see that action in the areas under his authority taken at the provincial, regional and local levels and in the various sectors is coordinated and harmonized.

The Minister may establish, for the territory of the census metropolitan area and for any other territory defined by the Government, a consultative committee for the consideration of issues relating to labour market policy; the Minister shall determine its membership and terms of reference.

1997, c. 63, s. 4.

5. In the exercise of his functions the Minister may, in particular,

(1)  conduct or commission the surveys and research he considers necessary for the pursuit of the activities of the department;

(2)  collect, compile, analyze and disseminate available data on workforce, employment, the labour market, income security and social benefits, and on the activities of the department and the bodies under the Minister’s authority;

(3)  enter into agreements in accordance with the law, with a government other than the Gouvernement du Québec, a department of such a government, an international organization, or a body under the authority of such a government or organization, including agreements with the Government of Canada concerning the implementation of workforce and employment measures;

(4)  enter into agreements with any person, association, partnership or body in the areas under his authority.

1997, c. 63, s. 5; 2007, c. 3, s. 31, s. 72.

5.0.1. When exercising functions or engaging in activities assigned by an agreement entered into for the purposes of this Act, the Minister is vested with all the necessary powers.

When a function or activity assigned to the Minister is exercised or engaged in by a public officer, the officer becomes a member of the personnel of the department if the agreement so provides. Otherwise, the Minister designates persons to exercise the function or engage in the activity, and publishes the designations in the Gazette officielle du Québec.

2013, c. 4, s. 4.

5.1. Financial assistance granted by the Minister to a natural person within the framework of measures relating to the areas under the Minister’s authority is, subject to a contrary provision of the Individual and Family Assistance Act (chapter A-13.1.1), unassignable and unseizable.

2002, c. 51, s. 25; 2005, c. 15, s. 159.

6. An agreement entered into by the Minister may provide for the exercise of any functions assigned to the Minister by an Act assigned to his responsibility to be delegated to a body, to the extent and on the conditions stipulated in the agreement.

A member of the personnel of a body assigned to the administration of an Act under the responsibility of the Minister shall have the same obligations and powers and have access to the same information as a member of the personnel of the department with similar functions.

1997, c. 63, s. 6.

7. An agreement with the Government of Canada or between the Minister and a body may provide for the transfer of Government of Canada personnel, or of personnel from that body, to the department, and prescribe the transfer procedure. The agreement shall be submitted to the Government for approval.

The procedure for integrating the employees covered by the agreement may depart from the provisions of the Public Service Act (chapter F-3.1.1) except those of sections 64 to 69 of that Act. The employees become employees of the Government and public servants within the meaning of that Act as of the date of their integration.

The Conseil du trésor may, for the purposes of such an agreement, establish any rule, standard or policy relating to classification, the determination of the pay scale, permanent tenure or any other condition of employment applicable to the employees.

1997, c. 63, s. 7; 2002, c. 51, s. 26; 2007, c. 3, s. 32.

7.1. The Minister may, by agreement, to the extent and on the conditions specified, delegate to the Commission des partenaires du marché du travail the Minister’s functions under this Act or an Act under the Minister’s responsibility that relate to sectoral intervention, to workforce skills development and recognition, and to the administration of the Act to promote workforce skills development and recognition (chapter D-8.3), including the administration of the Workforce Skills Development and Recognition Fund.

The agreement must, among other things, set out the manner in which the human, financial, physical and information resources made available to the Commission by the Minister to exercise the delegated functions are to be determined, as well as follow-up, evaluation and accountability reporting mechanisms.

When exercising such delegated functions, the chairman of the Commission is considered to be part of the department and to have the administrative powers needed to exercise such functions.

The agreement may be unilaterally cancelled by the Minister.

2007, c. 3, s. 33.

8. An agreement in the area of income security and social benefits may provide for the exchange of personal information obtained under an Act administered by the Minister and information obtained under an equivalent Act administered by another Government, government department or body, for the purpose of verifying a person’s eligibility for the programs governed by those Acts or in order to prevent, detect or punish a contravention of such an Act.

The agreement shall be submitted for an opinion to the Commission d’accès à l’information in the manner specified in section 70 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1).

1997, c. 63, s. 8; 2006, c. 22, s. 177.

9. An agreement with the Government of Canada may provide for the exchange of personal information, by means including file matching, in order to facilitate the application of an agreement on the implementation of workforce and employment measures entered into with that government.

The exchange of such information shall be governed by the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1).

1997, c. 63, s. 9; 2006, c. 22, s. 177; 2007, c. 3, s. 72.

10. Notwithstanding any other legislative or regulatory provision, where an agreement in the area of income security and social benefits under paragraph 3 of section 5 extends the coverage of an Act or a regulation to a person defined in the agreement, the Government may, by regulation, enact the measures required to implement the agreement in order to give effect to the agreement.

1997, c. 63, s. 10.

11. Notwithstanding any legislative or regulatory provision, the Minister may allow a person who is not a Québec resident, within the meaning of an Act administered by the Minister, to receive services provided under that Act on the conditions determined by the Minister.

1997, c. 63, s. 11.

12. A program established by the Minister in the areas under his authority may include eligibility criteria based on age.

1997, c. 63, s. 12.

13. The Minister may be a party to a contract to fix the price of goods or services paid for in whole or in part by the Minister pursuant to a program under the responsibility of the Minister.

A benefit or other advantage relating to types of goods or services to which such a contract applies shall be granted on the conditions prescribed in the program.

1997, c. 63, s. 13.

14. The Minister may, in the exercise of his functions, inquire into, or designate another person to inquire into, any matter under his authority.

1997, c. 63, s. 14.

14.1. (Repealed).

1998, c. 36, s. 202; 2005, c. 15, s. 160.

15. The Minister shall table a report on the activities of the Ministère de l’Emploi et de la Solidarité before the National Assembly within six months of the end of each fiscal year or, if the Assembly is not sitting, within 30 days of resumption. The report must contain a section on the actions taken by the Minister in the areas of workforce and employment which must include an account of the results of the annual plan of action referred to in section 3.1.

1997, c. 63, s. 15; 2016, c. 25, s. 11.

CHAPTER II COMMISSION OF LABOUR MARKET PARTNERS

16. A commission of labour market partners is hereby established under the name “Commission des partenaires du marché du travail”.

1997, c. 63, s. 16.

17. The function of the Commission is to take part in the development of government policies, strategic directions and measures in the areas of workforce and employment, in particular policies, strategic directions and measures aimed at facilitating a balance between workforce supply and demand in the labour market, and to participate in decisions relating to the measures and programs under the Minister’s authority in those areas. In that capacity, the Commission shall

(1)  define present and future workforce development needs in light of the realities of the labour market;

(1.1)  make recommendations for meeting labour market needs to the departments referred to in subparagraphs 2 to 5 of the third paragraph of section 21;

(2)  advise the Minister on the general objectives of labour market policy;

(3)  collaborate with the Minister in defining strategies and objectives in the areas of workforce and employment;

(4)  collaborate with the Minister in defining criteria governing the allocation of the overall funds made available for workforce and employment measures, programs and funds;

(5)  collaborate with the Minister in identifying target areas for public employment services;

(6)  examine the regional plans of action as regards workforce and employment submitted by the regional councils of labour market partners, and forward them to the Minister for approval, with the Commission’s recommendation;

(7)  examine every plan or proposal submitted to it on behalf of the construction industry in connection with workforce and employment;

(8)  collaborate with the Minister in preparing the annual plan of action referred to in section 3.1, monitor its application, periodically assess the results obtained and, as applicable, recommend corrective action to the Minister so that the objectives of the plan may be achieved.

The Commission shall have any other powers and duties assigned to it by the Act to promote workforce skills development and recognition (chapter D-8.3). It shall also be responsible for drafting a sectoral intervention policy that it must submit to the Minister for approval.

In addition, the Commission shall exercise the functions delegated to it under section 7.1.

1997, c. 63, s. 17; 2007, c. 3, s. 34, s. 72; 2016, c. 25, s. 12.

17.0.1. When the Commission makes recommendations for meeting labour market needs to a department referred to in any of subparagraphs 2 to 5 of the third paragraph of section 21, the department shall report to the Commission, in the manner agreed on by them, on the actions it has taken or intends to take to give effect to those recommendations. A department that does not give effect to a recommendation must report the reasons for its decision.

The Commission’s annual management report must set out the recommendations, the follow-up given to them by the department and, as applicable, the action report or the reasons referred to in the first paragraph.

2016, c. 25, s. 13.

17.1. The Commission may, to exercise its powers and duties, make agreements with any person, association, partnership or body.

2007, c. 3, s. 35.

17.2. The Commission may appear before the courts as plaintiff or as defendant.

Articles 80, 81 and 180 of the Code of Civil Procedure (chapter C-25.01) apply to the Commission, with the necessary modifications.

2007, c. 3, s. 35; I.N. 2016-01-01 (NCCP).

17.3. No judicial proceedings may be brought against Commission members for acts in good faith in the exercise of their functions.

2007, c. 3, s. 35.

18. In exercising its functions, the Commission shall give priority to

(1)  concerted action among its partners from employers’ groups, unions, community groups, and the education and economic sectors, and the establishment of workforce committees within businesses and industries, sector-based workforce committees and other committees on which such partners may sit;

(2)  the participation of public educational institutions, institutions governed by the Act respecting private education (chapter E‐9.1) and university-level educational institutions in workforce development activities;

(3)  the development of varied initiatives in the workforce and employment sector;

(4)  equity for disadvantaged individuals or groups on the labour market, within the scope of government policies.

1997, c. 63, s. 18; 2007, c. 3, s. 72.

19. (Repealed).

1997, c. 63, s. 19; 2007, c. 3, s. 72; 2016, c. 25, s. 14.

20. (Repealed).

1997, c. 63, s. 20; 2007, c. 3, s. 72; 2016, c. 25, s. 14.

21. The Commission shall include the following members, appointed by the Government:

(1)  a chairman, appointed after consultation with the Commission;

(2)  six members representing Québec labour, appointed on the recommendation of the most representative associations of employees;

(3)  six members representing business and industry, appointed on the recommendation of the most representative employers’ associations;

(4)  three members appointed after consultation with the most representative community organizations working in the areas of workforce and employment, including one person appointed to represent young people;

(5)  one member from the secondary education sector, one member from the college education sector and one member from the university education sector, appointed after consultation with bodies in the fields concerned.

The appointments must tend toward gender parity.

The Deputy Minister of Employment and Social Solidarity and the secretary general of the Commission shall be members of the Commission.

The following persons shall also be members of the Commission but without the right to vote:

(1)  (subparagraph repealed);

(2)  the Deputy Minister of Education, Recreation and Sports, or an Associate or Assistant Deputy Minister of Education, Recreation and Sports designated by the Deputy Minister;

(2.1)  the Deputy Minister of Higher Education, Research, Science and Technology or an Associate or Assistant Deputy Minister of Higher Education, Research, Science and Technology designated by the Deputy Minister;

(3)  the Deputy Minister of Economy and Innovation or an Associate or Assistant Deputy Minister of Economy and Innovation designated by the Deputy Minister;

(4)  the Deputy Minister of Municipal Affairs, Regions and Land Occupancy or an Assistant or Associate Deputy Minister of Municipal Affairs, Regions and Land Occupancy designated by the Deputy Minister;

(5)  the Deputy Minister of Immigration and Cultural Communities or an Assistant or Associate Deputy Minister designated by the Deputy Minister;

(6)  the chairman of the Commission de la construction du Québec or a person the chairman designates.

In addition, the Minister may take part in any meeting of the Commission.

1997, c. 63, s. 21; 1997, c. 91, s. 58; 1998, c. 36, s. 203; 1999, c. 8, s. 20; 1999, c. 43, s. 12; 2001, c. 44, s. 28; 2003, c. 19, s. 250; 2003, c. 29, s. 150; 2005, c. 28, s. 195, s. 196; 2006, c. 8, s. 31; 2007, c. 3, s. 36, s. 72; 2009, c. 26, s. 109; 2013, c. 28, s. 166; 2016, c. 25, s. 15; 2019, c. 29, s. 1.

22. After consulting with the Commission, the Minister shall appoint its secretary general from among the associate or assistant deputy ministers in office at the department who hold responsibilities relating to workforce or employment matters.

The secretary general shall assist the Commission in the exercise of its functions and powers, including those provided for by the Act to promote workforce skills development and recognition (chapter D-8.3).

The secretary general may also carry out any mandate the Minister or the Commission entrusts to him that is relevant to the Commission’s functions.

1997, c. 63, s. 22; 2016, c. 25, s. 16.

23. The term of office of members of the Commission appointed by the Government is not more than three years.

At the expiry of their term, they remain in office until they are replaced or reappointed.

The term of a member appointed under any of subparagraphs 2 to 5 of the first paragraph of section 21 shall end upon the receipt by the secretary general of the Commission of a notice from the association or organization represented by the member stating that the member is no longer qualified to represent the association or organization.

1997, c. 63, s. 23.

24. The chairman of the Commission shall preside over the sittings of the Commission, be responsible for communication between the Commission and the Minister and assume any other duties that may be assigned to him by the Commission.

Where the chairman is absent or unable to act, the other members of the Commission referred to in the first paragraph of section 21 shall designate from among their number a member to replace him for the period they determine.

1997, c. 63, s. 24.

25. The members of the Commission appointed by the Government receive no remuneration except in the cases, on the conditions and to the extent determined by the Government. However, they are entitled to the reimbursement of expenses incurred in the performance of their duties, on the conditions and to the extent determined by the Government.

1997, c. 63, s. 25.

26. Any member of the Commission who has a direct or indirect interest in an enterprise that causes his personal interest to conflict with his duties of office shall, on pain of forfeiture of office, disclose it in writing to the chairman or, in the case of the chairman, to the secretary, and abstain from participating in any discussion or decision involving the enterprise in which he has the interest or in any part of a sitting of the Commission during which his interest is discussed.

1997, c. 63, s. 26.

27. The Commission may hold its sittings anywhere in Québec.

A majority of voting members constitute a quorum at sittings of the Commission.

The Commission may establish rules governing its operation, in particular, concerning the creation of an executive committee.

1997, c. 63, s. 27.

28. The minutes of the sittings of the Commission approved by the Commission and certified by the chairman or the secretary general are authentic. The same applies to documents and copies emanating from the Commission or forming part of its records when they are signed or certified by any of those persons.

1997, c. 63, s. 28.

29. The Commission shall send to the Minister, within the time and in the form he determines, the data, reports or other information he requires on its activities.

1997, c. 63, s. 29.

CHAPTER III

(Repealed)

1997, c. 63, c. III; 2016, c. 25, s. 17.

30. (Repealed).

1997, c. 63, s. 30; 2007, c. 3, s. 37, s. 72; 2016, c. 25, s. 17.

30.1. (Repealed).

2007, c. 3, s. 38; 2016, c. 25, s. 17.

31. (Repealed).

1997, c. 63, s. 31; 2007, c. 3, s. 39; 2016, c. 25, s. 17.

32. (Repealed).

1997, c. 63, s. 32; 2007, c. 3, s. 40; 2016, c. 25, s. 17.

33. (Repealed).

1997, c. 63, s. 33; 2001, c. 44, s. 28; 2007, c. 3, s. 41; 2016, c. 25, s. 17.

34. (Repealed).

1997, c. 63, s. 34; 2007, c. 3, s. 42; 2016, c. 25, s. 17.

35. (Repealed).

1997, c. 63, s. 35; 2007, c. 3, s. 43; 2016, c. 25, s. 17.

36. (Repealed).

1997, c. 63, s. 36; 2007, c. 3, s. 44; 2016, c. 25, s. 17.

CHAPTER IV REGIONAL COUNCILS OF LABOUR MARKET PARTNERS

37. A regional council of labour market partners shall be established by the Government in each region determined by the Government.

1997, c. 63, s. 37.

38. The functions of a regional council shall include

(1)  defining labour market issues in its region on the basis of the general objectives of labour market policy, in particular by assessing workforce development needs and drawing on the expertise of advisory committees;

(2)  submitting annually to the Commission, for examination, a regional plan of action as regards workforce and employment, which plan shall include, in particular, the elements dealing with public employment services appearing in the local plans of action pertaining to the economy and employment that have been drawn up for its region, together with its opinion particularly as to the consistency of such elements with provincial, sectorial and regional guidelines, strategies and objectives;

(3)  adapting workforce and employment measures, programs and funds to the realities of the region to the extent the conditions governing their implementation so allow;

(4)  defining regional workforce and employment strategies and objectives;

(5)  proposing, to the Commission, the criteria according to which the funds made available for workforce and employment measures, programs and funds at the regional level should be allocated;

(6)  defining the areas in which the Minister should enter into specific regional workforce and employment agreements with any regional county municipality concerned;

(7)  encouraging any regional county municipality concerned to take regional workforce and employment strategies and objectives into account.

For the purposes of subparagraphs 6 and 7 of the first paragraph, a local municipality whose territory is not included in that of a regional county municipality is considered a regional county municipality. The same is true of a responsible body referred to in section 21.5 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1), as regards the territory or community it represents.

1997, c. 63, s. 38; 2003, c. 29, s. 151; 2006, c. 8, s. 17; 2007, c. 3, s. 72; 2009, c. 26, s. 109; 2015, c. 8, s. 234; 2016, c. 25, s. 18.

39. In exercising its functions, a regional council shall give priority to

(1)  action undertaken to assist underprivileged persons or groups in the labour market in its region, in particular through agreements in that regard with community organizations working in the workforce and employment fields;

(2)  concerted action by employers, unions and social groups and the sectors of education and the economy, in particular through the creation of advisory committees;

(3)  the implementation of employment assistance programs, workforce development programs and local development programs.

1997, c. 63, s. 39; 2007, c. 3, s. 72.

40. Each regional council shall include the following members appointed by the Minister:

(1)  six members representing labour, appointed on the recommendation of representative employee associations in the region;

(2)  six members representing business and industry, appointed on the recommendation of representative employers’ associations in the region;

(3)  six members, two appointed after consultation with community organizations working in the region in the areas of workforce and employment and four from the education sector, including one from a school service centre or a school board and one from a college-level institution, appointed after consultation with bodies in the fields concerned;

(4)  one member who is representative of the reality of the region’s local development, appointed after consultation with the members referred to in subparagraphs 1 to 3.

The appointments must tend toward gender parity. 

A regional representative of the department, designated by the Deputy Minister from among the management personnel, shall also be a member of the regional council and shall act as secretary.

The following persons shall also be members of the regional council, but without the right to vote:

(1)  a representative of the Ministère de l’Éducation, du Loisir et du Sport and of the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie designated jointly by the Deputy Minister of each of those departments;

(2)  the regional director of the Ministère de l’Économie et de l’Innovation or a regional representative of that department designated by the Deputy Minister of that department; and

(3)  the regional director of the Commission de la construction du Québec or a representative designated by the regional director.

1997, c. 63, s. 40; 1997, c. 91, s. 59; 1999, c. 8, s. 20; 2003, c. 29, s. 152; 2005, c. 28, s. 195; 2006, c. 8, s. 31; 2007, c. 3, s. 45, s. 72; 2016, c. 25, s. 19; 2019, c. 29, s. 1; 2020, c. 1, s. 310.

41. The term of office of members of the regional council appointed by the Minister is not more than three years.

At the expiry of their term, they remain in office until they are replaced or reappointed.

The term of office of a member shall terminate upon receipt by the Minister of a notice from the association or organization represented by the member stating that the member is no longer qualified to represent the association or organization.

1997, c. 63, s. 41.

42. The members of a regional council referred to in the first paragraph of section 40 shall elect from among their number a chairman for the period they determine.

The chairman of the regional council shall preside over the sittings of the council and assume the other functions assigned to him by the council.

Where the chairman is absent or unable to act, the members of the council referred to in the first paragraph of section 40 shall designate from among their number one member to replace him for the period they determine.

1997, c. 63, s. 42.

43. The members of a regional council appointed by the Minister receive no remuneration, except in the cases, on the conditions and to the extent determined by the Government. They are, however, entitled to the reimbursement of expenses incurred in the performance of their duties, on the conditions and to the extent determined by the Government.

1997, c. 63, s. 43.

44. A member of a regional council who has a direct or indirect interest in an enterprise that causes his personal interest to conflict with his duties of office shall, on pain of forfeiture of office, disclose it in writing to the chairman or, in the case of the chairman, to the secretary, and abstain from participating in any discussion or decision involving the enterprise in which he has the interest or in any part of a sitting of the regional council during which his interest is discussed.

1997, c. 63, s. 44.

45. The regional council may hold its sittings anywhere in its region. It may invite any person to assist it in its deliberations.

A majority of members constitute a quorum at sittings of the regional council.

The regional council shall establish rules for its operation.

1997, c. 63, s. 45; 2016, c. 25, s. 20.

45.1. The Minister shall ask representatives from the regional councils of labour market partners to sit on panels to select persons to fill regional or local director positions within the department.

2016, c. 25, s. 21.

46. The regional council shall send to the Minister, within the time and in the form he determines, the data, reports or other information he requires on its activities.

1997, c. 63, s. 46.

CHAPTER V ORGANIZATION OF THE DEPARTMENT

47. The Government shall appoint, in accordance with the Public Service Act (chapter F‐3.1.1), a person as Deputy Minister of Employment and Social Solidarity.

1997, c. 63, s. 47; 2001, c. 44, s. 28.

48. Under the direction of the Minister, the Deputy Minister shall administer the department.

In addition, he shall exercise any other function assigned to him by the Government or the Minister.

1997, c. 63, s. 48.

49. In the exercise of his functions, the Deputy Minister shall have the authority of the Minister.

1997, c. 63, s. 49.

50. The Deputy Minister may, in writing and to the extent specified, delegate the Deputy Minister’s functions under this Act to a public servant of the department or the holder of a position within the department or to any other person within a body.

He may, in the instrument of delegation, authorize the subdelegation of the functions he indicates and in that case shall specify the title of the public servant or holder of a position to whom they may be delegated.

1997, c. 63, s. 50; 2007, c. 3, s. 46.

51. The personnel of the department shall consist of the public servants required for the exercise of the functions of the Minister; the public servants shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

The Minister shall determine the duties of the public servants where the law or the Government does not provide therefor.

1997, c. 63, s. 51; 2000, c. 8, s. 242.

52. The signature of the Minister or the Deputy Minister shall give effect to any document emanating from the department.

A deed, document or writing may bind the Minister or be attributed to him only if it is signed by him, the Deputy Minister, a member of the personnel of the department or the holder of a position, or to any other person within a body, but in the latter three cases, only to the extent determined by the Government.

A member of the personnel of an organization is, to the extent that he is assigned to the administration of a program that the Minister has delegated by agreement to that organization, considered to be a member of the personnel of the department for the purposes of the second paragraph.

1997, c. 63, s. 52; 2007, c. 3, s. 47.

53. The Government may, on the conditions it determines, allow that the signature of the Minister or Deputy Minister be affixed by means of an automatic device to the documents it determines.

The Government may also allow a facsimile of a signature to be engraved, lithographed or printed on the documents it determines. In such a case, the facsimile shall be authentified by the countersignature of a person authorized by the Minister.

1997, c. 63, s. 53.

53.1. The Minister may delegate to a member of the personnel of the department or to an office holder, specially or generally, in writing, the power to designate a reviewer under section 109 of the Individual and Family Assistance Act (chapter A-13.1.1), the power to authorize a person to act as an inspector under section 120 of that Act or section 88.1 of the Act respecting parental insurance (chapter A-29.011), and the power to designate an investigator under section 122 of the Individual and Family Assistance Act, section 88.3 of the Act respecting parental insurance or section 14 of this Act.

1998, c. 36, s. 204; 2005, c. 13, s. 79; 2005, c. 15, s. 161.

54. A decision made or certificate issued pursuant to an Act under the responsibility of the Minister need not be signed, but it must contain the name of the person who made or issued it.

1997, c. 63, s. 54.

55. Any document or copy of a document emanating from the department or forming part of its records and signed or certified by a person referred to in the second paragraph of section 52 is authentic.

1997, c. 63, s. 55.

56. An intelligible written transcription of a decision, certificate or any other data stored by the department in a computer or on any other magnetic medium is a document of the department and is proof of its contents where such transcription is certified by a person referred to in the second paragraph of section 52.

1997, c. 63, s. 56.

57. A decision made or certificate issued pursuant to an Act administered by the Minister is presumed to have been made or issued and sent out on the date indicated therein.

1997, c. 63, s. 57.

57.1. The Minister is responsible for the register of civil status and appoints the registrar of civil status.

2013, c. 4, s. 5.

57.2. The registrar of civil status is a public officer and a member of the personnel of the department. The registrar exercises the functions provided for by law, attending exclusively to the work and duties of the registrar of civil status. However, at the request and in lieu of the Minister of Justice, the registrar may also grant the special exemptions provided for in articles 63 and 67 of the Civil Code and the authorizations provided for in article 366 of that Code.

In addition, the registrar of civil status may exercise the powers delegated to the registrar by the Minister of Public Security under the Firearms Registration Act (chapter I-0.01). However, the registrar does not exercise those powers as a public officer.

If no designation has been made under article 151 of the Civil Code and the registrar of civil status is absent or unable to act, the Minister designates a public servant from the department to exercise the functions of registrar of civil status, and publishes the designation in the Gazette officielle du Québec.

2013, c. 4, s. 5; 2016, c. 15, s. 23.

57.3. The registrar of civil status must inform the Attorney General, as soon as possible, of cases that could raise general interest issues or require the intervention of the Minister of Justice or Attorney General.

2013, c. 4, s. 5.

57.3.1. The Minister acts as Québec Official Publisher.

2020, c. 2, s. 50.

57.3.2. The Official Publisher publishes or commissions the publishing of

(1)  the statutes of Québec;

(2)  an official journal known as the Gazette officielle du Québec; and

(3)  the documents, notices and announcements that the Government, the Office of the National Assembly or an Act require the Official Publisher to publish.

2020, c. 2, s. 50.

57.3.3. All documents, notices and announcements whose publication is required by law are published in the Gazette officielle du Québec, unless another mode of publication is prescribed by law.

2020, c. 2, s. 50.

57.3.4. The Minister, under the name “Les Publications du Québec”, provides document editing, publishing, distribution and marketing services. The Minister also provides translation and linguistic revision services.

The Minister, under the name “Les Publications du Québec”, is also in charge of selling the publications referred to in section 57.3.2.

2020, c. 2, s. 50.

57.3.5. The Government may, by regulation,

(1)  determine the terms and conditions applicable to operations relating to the publications or other works under the responsibility of the Official Publisher, except National Assembly publications;

(2)  prescribe the publication conditions for the Gazette officielle du Québec;

(3)  designate the public bodies, public servants and other persons to which or whom the Official Publisher shall send the Gazette officielle du Québec free of charge;

(4)  fix the subscription price for the Gazette officielle du Québec; and

(5)  establish a tariff of the amounts payable for the notices, announcements and documents published in the Gazette officielle du Québec.

2020, c. 2, s. 50.

57.4. The Minister must adopt a policy for the examination and processing of complaints received in respect of the delivery of services and the implementation of measures or programs under the Minister’s authority.

2013, c. 4, s. 5.

57.5. To process such complaints, the Minister designates an administrative unit separate from the units responsible for delivering services or implementing measures or programs under the Minister’s authority.

2013, c. 4, s. 5.

57.6. Complaints received by the administrative unit must be processed promptly and must be examined and analyzed, unless they are clearly unfounded, including if they do not pertain to one of the matters governed by this Act.

2013, c. 4, s. 5.

57.7. The complainant must be informed of the results of the examination of the complaint, as well as of any applicable remedy procedures.

The first paragraph does not operate to allow the disclosure of confidential information.

2013, c. 4, s. 5.

57.8. In the department’s annual management report, the Minister reports on the policy described in section 57.4, and states the number of complaints received, the nature of the complaints, the means used to settle them, the follow-up given to the complaints, and the level of satisfaction of complainants.

2013, c. 4, s. 5.

CHAPTER VI LABOUR MARKET DEVELOPMENT FUND

58. A labour market development fund shall be established at the Ministère de l’Emploi et de la Solidarité sociale.

The fund shall be dedicated to financing the implementation and management of the measures and programs under the responsibility of the Minister in the areas of workforce and employment, and to the financing of public employment services.

1997, c. 63, s. 58; 2001, c. 44, s. 28; 2007, c. 3, s. 72.

59. (Repealed).

1997, c. 63, s. 59; 2011, c. 18, s. 179.

60. The following are credited to the Fund:

(1)  the sums paid into the fund by the Minister out of the appropriations granted for that purpose by Parliament;

(2)  the sums collected in respect of public employment services, except the sums relating to the administration of the Act to promote workforce skills development and recognition (chapter D-8.3);

(3)  the sums transferred to the Fund by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (chapter A-6.001);

(3.1)  the fines collected pursuant to section 141.1 of the Act respecting labour standards (chapter N-1.1);

(3.2)  the sums paid into the Fund by the Société du Plan Nord under an agreement providing for their allocation, in accordance with section 21 of the Act respecting the Société du Plan Nord (chapter S-16.011);

(4)  the gifts, legacies and other contributions paid into the fund to further the achievement of the objects of the fund.

The sums referred to in subparagraph 3.1 of the first paragraph are allocated to the implementation and management of reclassification assistance measures.

1997, c. 63, s. 60; 2002, c. 80, s. 84; 2007, c. 3, s. 48; 2011, c. 18, s. 180; 2014, c. 16, s. 78.

61. (Repealed).

1997, c. 63, s. 61; 2000, c. 15, s. 112; 2001, c. 44, s. 28; 2011, c. 18, s. 181.

62. (Repealed).

1997, c. 63, s. 62; 2011, c. 18, s. 181.

63. (Repealed).

1997, c. 63, s. 63; 1999, c. 77, s. 44; 2001, c. 44, s. 28; 2011, c. 18, s. 181.

64. (Repealed).

1997, c. 63, s. 64; 2011, c. 18, s. 181.

65. The surpluses accumulated into the fund which exceed $20,000,000 are transferred to the general fund on the dates and to the extent determined by the Government.

1997, c. 63, s. 65; 2011, c. 18, s. 182.

66. (Repealed).

1997, c. 63, s. 66; 2000, c. 8, s. 160; 2000, c. 15, s. 113; 2011, c. 18, s. 183.

67. (Repealed).

1997, c. 63, s. 67; 2011, c. 18, s. 183.

68. (Repealed).

1997, c. 63, s. 68; 1999, c. 40, s. 343; 2011, c. 18, s. 183.

CHAPTER VI.1 GOODS AND SERVICES FUND

2013, c. 4, s. 6.

68.1. The Goods and Services Fund is established within the Ministère de l’Emploi et de la Solidarité sociale.

The Fund is to be used to finance

(1)  the delivery of goods and services under the Minister’s authority that are related to the functions of the registrar of civil status;

(2)  activities to further the achievement of the mission described in the third paragraph of section 2; and

(3)  goods and services delivery activities, including with respect to products or services related to the department’s expertise.

2013, c. 4, s. 6.

68.2. The following are credited to the Fund:

(1)  the sums collected to achieve the objects of the second paragraph of section 68.1, except the sums payable to the enterprise registrar;

(1.1)  the sums transferred to it by the Minister under section 68.2.1;

(2)  the sums transferred to it by a minister out of the appropriations granted for that purpose by Parliament;

(3)  the other sums the Minister is entitled to under any Act, regulation, order, order in council or agreement as consideration for the services rendered by the Minister;

(4)  the sums transferred to it by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (chapter A-6.001);

(5)  the gifts, legacies and other contributions paid into it to further the achievement of its objects; and

(6)  the revenue generated by the sums credited to the Fund.

2013, c. 4, s. 6; 2016, c. 29, s. 24.

68.2.1. On the joint recommendation of the Minister and the Minister of Finance, the Minister transfers to the Fund, out of the sums credited to the general fund, part of the sums collected under the Act respecting the legal publicity of enterprises (chapter P-44.1), to the extent, on the dates and in the manner determined by the Government.

2016, c. 29, s. 25.

68.3. The sums required for the payment of any investment-related cost or expense needed to achieve the objects of the second paragraph of section 68.1 are debited from the Fund.

2013, c. 4, s. 6.

68.4. Any surplus accumulated by the Fund may only be transferred to the general fund on the dates and to the extent determined by the Government.

2013, c. 4, s. 6.

CHAPTER VII AMENDING PROVISIONS

ACT TO FOSTER THE DEVELOPMENT OF MANPOWER TRAINING

69. (Amendment integrated into c. D-7.1, s. 4).

1997, c. 63, s. 69.

70. (Amendment integrated into c. D-7.1, s. 5).

1997, c. 63, s. 70.

71. (Amendment integrated into c. D-7.1, s. 6).

1997, c. 63, s. 71.

72. (Amendment integrated into c. D-7.1, s. 8).

1997, c. 63, s. 72.

73. (Amendment integrated into c. D-7.1, s. 10).

1997, c. 63, s. 73.

74. (Amendment integrated into c. D-7.1, s. 12).

1997, c. 63, s. 74.

75. (Amendment integrated into c. D-7.1, s. 17).

1997, c. 63, s. 75.

76. (Amendment integrated into c. D-7.1, s. 18).

1997, c. 63, s. 76.

77. (Amendment integrated into c. D-7.1, s. 20).

1997, c. 63, s. 77.

78. (Amendment integrated into c. D-7.1, s. 21).

1997, c. 63, s. 78.

79. (Amendment integrated into c. D-7.1, s. 22).

1997, c. 63, s. 79.

80. (Omitted).

1997, c. 63, s. 80.

81. (Amendment integrated into c. D-7.1, s. 23).

1997, c. 63, s. 81.

82. (Amendment integrated into c. D-7.1, Div. III.1 of Chap. II, heading).

1997, c. 63, s. 82.

83. (Omitted).

1997, c. 63, s. 83.

84. (Amendment integrated into c. D-7.1, s. 24).

1997, c. 63, s. 84.

85. (Omitted).

1997, c. 63, s. 85.

86. (Amendment integrated into c. D-7.1, s. 27).

1997, c. 63, s. 86.

87. (Amendment integrated into c. D-7.1, s. 28).

1997, c. 63, s. 87.

88. (Amendment integrated into c. D-7.1, s. 29).

1997, c. 63, s. 88.

89. (Amendment integrated into c. D-7.1, s. 30).

1997, c. 63, s. 89.

90. (Amendment integrated into c. D-7.1, s. 31).

1997, c. 63, s. 90.

91. (Amendment integrated into c. D-7.1, s. 32).

1997, c. 63, s. 91.

92. (Amendment integrated into c. D-7.1, s. 33).

1997, c. 63, s. 92.

93. (Amendment integrated into c. D-7.1, s. 34).

1997, c. 63, s. 93.

94. (Amendment integrated into c. D-7.1, s. 35).

1997, c. 63, s. 94.

95. (Amendment integrated into c. D-7.1, s. 36).

1997, c. 63, s. 95.

96. (Omitted).

1997, c. 63, s. 96.

97. (Amendment integrated into c. D-7.1, s. 41).

1997, c. 63, s. 97.

98. (Amendment integrated into c. D-7.1, s. 43).

1997, c. 63, s. 98.

99. (Amendment integrated into c. D-7.1, s. 44.1).

1997, c. 63, s. 99.

100. (Amendment integrated into c. D-7.1, s. 44.2).

1997, c. 63, s. 100.

101. (Amendment integrated into c. D-7.1, s. 44.3).

1997, c. 63, s. 101.

102. (Amendment integrated into c. D-7.1, s. 44.4).

1997, c. 63, s. 102.

103. (Amendment integrated into c. D-7.1, s. 44.5).

1997, c. 63, s. 103.

104. (Amendment integrated into c. D-7.1, s. 44.6).

1997, c. 63, s. 104.

105. (Amendment integrated into c. D-7.1, s. 66).

1997, c. 63, s. 105.

106. (Amendment integrated into c. D-7.1, s. 67).

1997, c. 63, s. 106.

ACT RESPECTING MANPOWER VOCATIONAL TRAINING AND QUALIFICATION

107. (Amendment integrated into c. F-5, s. 1).

1997, c. 63, s. 107.

108. (Amendment integrated into c. F-5, s. 45).

1997, c. 63, s. 108.

109. (Amendment integrated into c. F-5, s. 53).

1997, c. 63, s. 109.

TAXATION ACT

110. (Amendment integrated into c. I-3, s. 336).

1997, c. 63, s. 110.

111. (Amendment integrated into c. I-3, s. 1029.8.22).

1997, c. 63, s. 111.

112. (Amendment integrated into c. I-3, s. 1029.8.22.1).

1997, c. 63, s. 112.

113. (Amendment integrated into c. I-3, s. 1029.8.23).

1997, c. 63, s. 113.

114. (Amendment integrated into c. I-3, s. 1029.8.25).

1997, c. 63, s. 114.

115. (Amendment integrated into c. I-3, s. 1029.8.25.1).

1997, c. 63, s. 115.

116. (Amendment integrated into c. I-3, s. 1029.8.33.1).

1997, c. 63, s. 116.

117. (Amendment integrated into c. I-3, s. 1029.8.33.2).

1997, c. 63, s. 117.

118. (Amendment integrated into c. I-3, s. 1029.8.33.10).

1997, c. 63, s. 118.

ACT RESPECTING THE MINISTÈRE DU REVENU

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

1997, c. 63, s. 119.

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

120. (Amendment integrated into c. R-8.2, Schedule C).

1997, c. 63, s. 120.

ACT RESPECTING THE GOVERNMENT AND PUBLIC EMPLOYEES RETIREMENT PLAN

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

1997, c. 63, s. 121.

122. (Amendment integrated into c. R-10, Schedule III).

1997, c. 63, s. 122.

ACT RESPECTING THE CIVIL SERVICE SUPERANNUATION PLAN

123. (Amendment integrated into c. R-12, Schedule IV).

1997, c. 63, s. 123.

ACT RESPECTING INCOME SECURITY

124. (Amendment integrated into c. S-3.1.1, s. 25).

1997, c. 63, s. 124.

ACT RESPECTING THE SOCIÉTÉ QUÉBÉCOISE DE DÉVELOPPEMENT DE LA MAIN-D’OEUVRE

125. (Omitted).

1997, c. 63, s. 125.

ACT RESPECTING NORTHERN VILLAGES AND THE KATIVIK REGIONAL GOVERNMENT

126. (Amendment integrated into c. V-6.1, s. 379).

1997, c. 63, s. 126.

127. (Omitted).

1997, c. 63, s. 127.

OTHER LEGISLATIVE PROVISIONS

128. The words “Minister of Income Security”, “Deputy Minister of Income Security” and “Ministère de la Sécurité du revenu” are replaced by the words “Minister of Employment and Solidarity”, “Deputy Minister of Employment and Solidarity” and “Ministère de l’Emploi et de la Solidarité”, respectively, wherever they appear in the following provisions:

(1)  (amendment integrated into c. A-3.001, s. 144);

(2)  (amendment integrated into c. A-14, s. 12);

(3)  (amendment integrated into c. A-17, ss. 22, 23, 30 and 32);

(4)  (amendment integrated into c. A-25, s. 83.28);

(5)  (amendment integrated into c. A-29, ss. 65, 67, 70, 71 and 71.1);

(6)  (amendment integrated into c. B-1, s. 128);

(7)  (inoperative, 1997, c. 43, s. 184);

(8)  (amendment integrated into c. C-57.01, s. 3);

(9)  (amendment integrated into c. C-59, s. 7);

(10)  (amendment integrated into c. D-2, s. 46);

(11)  (amendment integrated into c. E-18, s. 4);

(12)  (amendment integrated into c. E-20.1, s. 7);

(13)  (amendment integrated into c. M-34, s. 1);

(14)  (amendment integrated into c. N-1.1, s. 121);

(15)  (amendment integrated into c. P-2.2, s. 76);

(16)  (amendment integrated into c. R-5, s. 22.2);

(17)  (amendment integrated into c. R-9, ss. 12, 37, 39, 40.3, 145, 218, 228, 229 and 230);

(18)  (amendment integrated into c. R-15.1, ss. 243.7 and 321);

(19)  (amendment integrated into c. R-20, s. 122);

(20)  (amendment integrated into c. S-2.1, s. 174);

(21)  (amendment integrated into c. S-3.1.1, ss. 10, 52, 58, 65.2, 69 and 141);

(22)  (amendment integrated into c. S-3.2, ss. 1, 29 and 60).

1997, c. 63, s. 128.

CHAPTER VIII TRANSITIONAL AND MISCELLANEOUS PROVISIONS

129. The Government shall acquire the rights and assume the obligations of the Société québécoise de développement de la main-d’oeuvre.

1997, c. 63, s. 129.

130. The programs managed by the Société on 31 March 1998 shall continue under the management of the Minister. The Government or the Minister, depending on which approved the programs, may amend or terminate them.

1997, c. 63, s. 130.

131. The records and other documents of the Société shall become the records and documents of the Ministère de l’Emploi et de la Solidarité sociale.

1997, c. 63, s. 131; 2001, c. 44, s. 28.

132. Matters before the Société shall be continued by the Minister, without further formality.

1997, c. 63, s. 132.

133. The Attorney General shall become, without continuance of suit, party to any proceedings to which the Société is a party on 31 March 1998.

1997, c. 63, s. 133.

134. The term of office of the members of the board of directors of the Société, including the term of the chairman and vice-chairmen of the Société, shall end on 1 April 1998.

The term of office of the members of the regional councils established under section 36 of the Act respecting the Société québécoise de développement de la main-d’oeuvre (chapter S-22.001) shall end on 1 April 1998.

1997, c. 63, s. 134.

135. The employees of the Société in office on 16 December 1997 and identified in an order of the Government shall become the employees of the department or of another department, subject to the terms and conditions provided for in such an order. The employees transferred are deemed to have been appointed in accordance with the Public Service Act (chapter F-3.1.1).

The Conseil du trésor may determine any rule, standard or policy relating to the classification, the determination of the pay scale, permanent tenure or any other condition of employment applicable to the employees referred to in the first paragraph.

1997, c. 63, s. 135; 2000, c. 8, s. 242.

136. Subject to section 137, the procedure for integrating the employees covered by an agreement entered into under section 7 may depart from the provisions of the Public Service Act (chapter F-3.1.1) except sections 64 to 69. The employees become employees of the Government and public servants within the meaning of that Act as of the date of their integration.

The Conseil du trésor may, for the implementation of such an agreement, establish any rule, standard or policy relating to classification, the determination of the pay scale, permanent tenure or any other condition of employment applicable to the employees.

The Government may, as regards the integration of the employees, make any agreement relating to pension plans with the Government of Canada or the agency concerned.

1997, c. 63, s. 136.

137. Where the employees integrated into the public service pursuant to an agreement under section 7 or pursuant to section 135 were represented by a certified association within the meaning of the Labour Code (chapter C‐27) or by a bargaining agent within the meaning of the Public Service Staff Relations Act (Revised Statutes of Canada, 1985, chapter P‐35), the Government, to facilitate the employees’ integration, may, on the conditions and to the extent it determines, recognize for a period it fixes, the certified association or bargaining agent as the sole representative of the employees for the interpretation or application of a collective agreement referred to in the second paragraph of this section or for the purposes of any measure pursuant to the second paragraph of section 135 or the second paragraph of section 136. The recognition may include provisions concerning the payment of union dues.

Those employees shall be governed by the collective agreements and other conditions of employment applicable to employees governed by the Public Service Act (chapter F‐3.1.1), subject to any rule, standard or policy established under the second paragraph of section 135 or the second paragraph of section 136 and to the provisions of the first paragraph of this section.

1997, c. 63, s. 137.

138. Unless the context indicates otherwise, in any Act not referred to in sections 69 to 128 and in any regulation, by-law, order in council, ministerial order, proclamation, order, contract, agreement, accord or other document,

(1)  a reference to the Minister of State for Employment and Solidarity or to the Minister of Income Security is a reference to the Minister of Employment and Solidarity;

(2)  a reference to the Deputy Minister of Income Security or the Ministère de la Sécurité du revenu is a reference to the Deputy Minister of Employment and Solidarity or the Ministère de l’Emploi et de la Solidarité;

(3)  a reference to the minister designated by the Government for the purposes of section 13 of the Act respecting certain functions relating to manpower and employment (chapter F-3.1.1.1), is a reference to the Minister of Employment and Solidarity;

(4)  a reference to the Société québécoise de développement de la main-d’oeuvre is a reference to the Minister of Employment and Solidarity or the Commission des partenaires du marché du travail, according to their respective functions;

(5)  a reference to the Act respecting the Ministère de la Sécurité du revenu (chapter M-19.2.1) or to the Act respecting certain functions relating to manpower and employment is a reference to the Act respecting the Ministère de l’Emploi et de la Solidarité and establishing the Commission des partenaires du marché du travail (chapter M-15.001) or to any corresponding provision of that Act.

1997, c. 63, s. 138.

139. Any regulation, ministerial order or order made under the Act respecting the Ministère de la Sécurité du revenu (chapter M-19.2.1) or the Act respecting certain functions relating to manpower and employment (chapter F-3.1.1.1) remains in force until it is replaced or repealed.

1997, c. 63, s. 139.

140. A regulation of the Société québécoise de développement de la main-d’oeuvre made under section 24 of the Act respecting the Société québécoise de développement de la main-d’oeuvre (chapter S-22.001) is deemed to be a regulation made by the Commission des partenaires du marché du travail under section 36.

1997, c. 63, s. 140.

141. The regulations of the Société québécoise de développement de la main-d’oeuvre made under the Act to foster the development of manpower training (chapter D-7.1) and the regulations of the Government made under section 65 of that Act are deemed to be regulations of the Commission des partenaires du marché du travail.

1997, c. 63, s. 141.

142. Financial assistance and subsidies granted by the Société québécoise de développement de la main-d’oeuvre are deemed to be financial assistance and subsidies granted by the Minister.

1997, c. 63, s. 142.

143. Recognitions or accreditations issued by the Société québécoise de développement de la main-d’oeuvre pursuant to the Act to foster the development of manpower training (chapter D-7.1) are deemed to be recognitions or accreditations issued by the Minister.

1997, c. 63, s. 143.

144. (Omitted).

1997, c. 63, s. 144.

145. During the fiscal year 1998-1999, the Minister shall pay to the Commission administrative des régimes de retraite et d’assurances, with the approval of the Conseil du trésor, the sums necessary to make up for certain costs arising out of an agreement relating to the pension plans of employees of the Government of Canada transferred to the department within the framework of the Canada-Québec Labour Market Agreement in Principle. Such sums shall be taken out of the labour market development fund. The Commission shall use those sums in the manner determined by the Minister.

1997, c. 63, s. 145; 1998, c. 36, s. 205.

146. The appropriations granted for the fiscal year 1998-1999 to the Société québécoise de développement de la main-d’oeuvre and the sums in a fund managed by the Société on 31 March 1998 shall be transferred to the labour market development fund.

1997, c. 63, s. 146.

147. The appropriations granted for the fiscal year 1997-1998 to the Ministère de la Sécurité du revenu for employment assistance measures and for internal management and support shall be transferred to the labour market development fund to the extent determined by the Government.

1997, c. 63, s. 147.

148. The Minister of Employment and Social Solidarity is responsible for the administration of this Act.

1997, c. 63, s. 148; 2001, c. 44, s. 30.

The Minister responsible for Social Solidarity and Community Action exercises the functions and responsibilities of the Minister of Employment and Social Solidarity, in respect of income security and social benefits provided for in this Act. Order in Council 1658-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6522.

149. Section 7 ceases to have effect on 1 January 2008 as it applies to an agreement with a body.

1997, c. 63, s. 149; 2002, c. 51, s. 27; 2007, c. 3, s. 49.

150. (Omitted).

1997, c. 63, s. 150.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 63 of the statutes of 1997, in force on 1 April 1998, is repealed, except section 150, effective from the coming into force of chapter M-15.001 of the Revised Statutes.