M-16.1 - Act respecting the Ministère de l’Immigration, de la Francisation et de l'Intégration

À jour au 2 août 2018

Ce document a valeur officielle.

chapter M-16.1

Act respecting the Ministère de l’Immigration, de la Diversité et de l'Inclusion

2005, c. 24; 2016, c. 3, s. 110.

CHAPTER I RESPONSIBILITIES OF THE MINISTER

1. The Ministère de l’Immigration, de la Diversité et de l’Inclusion is under the direction of the Minister of Immigration, Diversity and Inclusiveness appointed under the Executive Power Act (chapter E-18).

The Minister is responsible for immigration, ethnocultural diversity and inclusiveness.

2005, c. 24, s. 1; 2016, c. 3, s. 111.

The Minister of Immigration, Diversity and Inclusiveness is designated under the name of Minister of Immigration, Francization and Integration. The Ministère de l’Immigration, de la Diversité et de l'Inclusion is designated under the name of Ministère de l'Immigration, de la Francisation et de l'Intégration. Order in Council 1457-2021 dated 24 november 2021, (2021) 153 G.O. 2 (French), 7390.

2. The Minister is to develop guidelines or policies on immigration and on the full participation, in French, of immigrants and ethnocultural minorities in Québec society, in full equality and in keeping with democratic values, and propose them to the Government. The Minister is notably to develop a Québec policy on those matters.

The Minister is to coordinate and monitor the implementation of those guidelines and policies in order to ensure their relevance and effectiveness.

2005, c. 24, s. 2; 2016, c. 3, s. 111.

3. The Minister is to advise the Government and government departments and bodies on any matter under the Minister’s responsibility.

The Minister is to exercise the functions of office in collaboration with the other ministers concerned, in keeping with their respective missions and functions.

2005, c. 24, s. 3; 2016, c. 3, s. 111.

4. The Minister’s functions in matters of immigration, ethnocultural diversity and inclusiveness are, more particularly,

(1)  to plan the number of immigrants Québec wishes to receive and the composition of that immigration;

(2)  to promote immigration and inform immigrants about such topics as Québec’s democratic values, the integration and francization processes, Québec culture and the vitality of the regions;

(3)  to select, as temporary or permanent immigrants, foreign nationals who will be able to fully participate, in French, in Québec society;

(4)  to contribute, through the selection of temporary or permanent immigrants, to meeting the needs and reflecting the choices of Québec;

(5)  to promote immigration’s contribution to Québec’s prosperity, to the preservation and vitality of French—the common language knowledge of which is the key to successful participation—to the vitality of the regions and to Québec’s international influence;

(6)  to ensure family reunification, participate in international solidarity efforts and respond to other humanitarian situations;

(7)  to contribute, through the provision of reception, francization and integration services and through intercultural relations projects, to immigrants’ full participation, in French, in community life, to their long-term settlement in the regions and to the consolidation of harmonious intercultural relations;

(8)  after consultation with the other ministers concerned, to coordinate the implementation of reception, francization and integration programs for immigrants; and

(9)  to foster the commitment and coordinate the actions of government departments, bodies and social actors in order to build communities that are more inclusive, thereby contributing to immigrants’ long-term settlement in the regions, promote immigrants’ and ethnocultural minorities’ full participation, in French, in community life, in full equality and in keeping with democratic values, and contribute, through the establishment of harmonious intercultural relations, to the cultural enrichment of Québec society.

2005, c. 24, s. 4; 2016, c. 3, s. 111.

5. (Repealed).

2005, c. 24, s. 5; 2016, c. 3, s. 112.

6. (Repealed).

2005, c. 24, s. 6; 2016, c. 3, s. 112.

7. In the exercise of ministerial responsibilities, the Minister may, in particular,

(1)  enter into agreements with any person, association, partnership or body;

(2)  subject to the applicable legislative provisions, enter into agreements with a government other than the Gouvernement du Québec, with a department or body of that government, or with an international organization or one of its agencies, including agreements for the sharing of information to satisfy the obligations incumbent on the Minister under the Acts for which the Minister is responsible;

(3)  conduct or commission research, inventories, studies and analyses and publish them;

(4)  take the necessary measures, in collaboration with the other ministers and the bodies concerned, to facilitate the recognition, in Québec, of qualifications acquired abroad, such as by speeding up the recognition process;

(5)  establish comparisons between diplomas and education obtained abroad and those obtained within Québec’s education system;

(6)  obtain from government departments and bodies the information necessary to develop and implement guidelines and policies and to monitor and evaluate their relevance and effectiveness.

2005, c. 24, s. 7; 2016, c. 3, s. 113.

8. The Minister is also responsible for the administration of the Acts assigned to the Minister, and assumes any other responsibility the Government assigns to the Minister.

2005, c. 24, s. 8.

CHAPTER II ORGANIZATION OF THE DEPARTMENT

9. The Government appoints a Deputy Minister of Immigration and Cultural Communities, in accordance with the Public Service Act (chapter F-3.1.1).

2005, c. 24, s. 9.

10. Under the direction of the Minister, the Deputy Minister administers the department.

The Deputy Minister also exercises any other function assigned to the Deputy Minister by the Government or the Minister.

2005, c. 24, s. 10.

11. The Deputy Minister has the authority of the Minister in the functions of office.

2005, c. 24, s. 11.

12. The Deputy Minister may, in writing and to the extent specified, delegate deputy-ministerial functions under this Act to a public servant or employee.

In the instrument of delegation, the Deputy Minister may authorize the subdelegation of specified functions, and, in such a case, identify the public servant or employee to whom the functions may be subdelegated.

2005, c. 24, s. 12.

13. The personnel of the department is composed of the public servants the Minister requires for the exercise of the functions of office; the public servants are appointed in accordance with the Public Service Act (chapter F-3.1.1).

The Minister is to determine the duties of the public servants of the department to the extent that they are not determined by law or by the Government.

2005, c. 24, s. 13.

14. The signature of the Minister or the Deputy Minister gives authority to any document emanating from the department.

A deed, document or writing is binding on the Minister or may be attributed to the Minister only if it is signed by the Minister, the Deputy Minister, a member of the personnel of the department or an employee and, in the last two cases, only to the extent determined by the Government.

2005, c. 24, s. 14.

15. The Government may allow a signature to be affixed using an automatic device or electronic process, subject to the conditions it determines.

The Government may also allow a facsimile of the signature to be engraved, lithographed or printed, subject to the conditions it determines. Except in the cases prescribed by the Government, the facsimile must be authenticated by the countersignature of a person authorized by the Minister.

2005, c. 24, s. 15.

16. A document or copy of a document emanating from the department or forming part of its records is authentic, if signed or certified true by a person referred to in the second paragraph of section 14.

2005, c. 24, s. 16.

17. An intelligible transcription of a decision or other data stored by the department on a computer or on another electronic medium is a document of the department and is proof of its contents if certified true by a person referred to in the second paragraph of section 14.

2005, c. 24, s. 17.

18. The Minister must table the annual management report of the department in the National Assembly within four months of the end of the fiscal year or, if the Assembly is not sitting, within 15 days of resumption.

2005, c. 24, s. 18.

CHAPTER III AMENDING PROVISIONS

19. (Amendment integrated into c. A-2.1, s. 174).

2005, c. 24, s. 19.

20. (Amendment integrated into c. A-10, s. 42).

2005, c. 24, s. 20.

21. (Amendment integrated into c. A-23.001, s. 82).

2005, c. 24, s. 21.

22. (Amendment integrated into c. A-29, s. 65).

2005, c. 24, s. 22.

23. (Amendment integrated into c. A-29, s. 65.2).

2005, c. 24, s. 23.

24. (Amendment integrated into c. C-12, s. 138).

2005, c. 24, s. 24.

25. (Amendment integrated into c. C-20, ss. 15 and 28).

2005, c. 24, s. 25.

26. (Amendment integrated into c. C-57.01, s. 2).

2005, c. 24, s. 26.

27. (Amendment integrated into c. C-57.01, s. 3).

2005, c. 24, s. 27.

28. (Amendment integrated into c. C-57.01, s. 23).

2005, c. 24, s. 28.

29. (Amendment integrated into c. C-57.2, ss. 4 and 8).

2005, c. 24, s. 29.

30. (Amendment integrated into c. C-57.2, s. 13).

2005, c. 24, s. 30.

31. (Amendment integrated into c. C-57.2, s. 22).

2005, c. 24, s. 31.

32. (Amendment integrated into c. C-59.01, s. 33).

2005, c. 24, s. 32.

33. (Amendment integrated into c. C-81, ss. 3, 17.1, 46, 55, 67 and 67.0.1).

2005, c. 24, s. 33.

34. (Amendment integrated into c. C-81, s. 77).

2005, c. 24, s. 34.

35. (Amendment integrated into c. E-18, s. 4).

2005, c. 24, s. 35.

36. (Amendment integrated into c. E-20.1, s. 6.1).

2005, c. 24, s. 36.

37. (Amendment integrated into c. E-20.1, s. 63).

2005, c. 24, s. 37.

38. (Amendment integrated into c. I-0.2, s. 3.1).

2005, c. 24, s. 38.

39. (Amendment integrated into c. I-0.2, s. 12.4.3).

2005, c. 24, s. 39.

40. (Amendment integrated into c. I-0.2, s. 40).

2005, c. 24, s. 40.

41. (Amendment integrated into c. M-17.2, s. 4.1).

2005, c. 24, s. 41.

42. (Amendment integrated into c. M-19, s. 3).

2005, c. 24, s. 42.

43. (Amendment integrated into c. M-19, Div. III.3, ss. 32.23-32.32).

2005, c. 24, s. 43.

44. (Amendment integrated into c. M-19.2, s. 3).

2005, c. 24, s. 44.

45. (Amendment integrated into c. M-34, s. 1).

2005, c. 24, s. 45.

46. (Amendment integrated into c. P-34.1, s. 156).

2005, c. 24, s. 46.

47. (Amendment integrated into c. P-39.1, s. 98).

2005, c. 24, s. 47.

48. (Amendment integrated into c. P-40.1, s. 1).

2005, c. 24, s. 48.

49. (Amendment integrated into c. R-2.2, s. 67).

2005, c. 24, s. 49.

50. (Amendment integrated into c. S-32.001, s. 98).

2005, c. 24, s. 50.

CHAPTER IV TRANSITIONAL AND FINAL PROVISIONS

51. Unless the context indicates otherwise and depending on the subject matter, in any other Act or document,

(1)  a reference to the Minister or the Deputy Minister of Relations with the citizens and Immigration or to the Ministère des Relations avec les citoyens et de l’Immigration is a reference to the Minister, the Deputy Minister or the department responsible for that subject matter; and

(2)  a reference to the Act respecting the Ministère des Relations avec les citoyens et de l’Immigration (chapter M-25.01) or to a provision of that Act is a reference to the Act respecting the Ministère de l’Immigration et des Communautés culturelles (chapter M-16.1), the Act respecting the Ministère de la Justice (chapter M-19) or the Act respecting the Ministère de la Famille et de l’Enfance (chapter M-17.2), or to the corresponding provision of those Acts.

2005, c. 24, s. 51.

52. (Omitted).

2005, c. 24, s. 52.

53. (Omitted).

2005, c. 24, s. 53.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 24 of the statutes of 2005, in force on 1 March 2006, is repealed, except section 53, effective from the coming into force of chapter M-16.1 of the Revised Statutes.