M-24.01 - Act respecting the Ministère des Finances

À jour au 17 mars 2020

Ce document a valeur officielle.

chapter M-24.01

Act respecting the Ministère des Finances

CHAPTER I RESPONSIBILITIES OF THE MINISTER

1. The Ministère des Finances shall be under the direction of the Minister of Finance appointed under the Executive Power Act (chapter E-18).

1999, c. 77, s. 1.

2. The mission of the Minister is to promote economic development and to advise the Government on financial matters. To that end, the Minister shall develop economic, fiscal, budgetary and financial policies and propose them to the Government.

1999, c. 77, s. 2.

3. In order to promote and support economic growth, the growth of investment and the creation of employment opportunities, the Minister shall develop and propose to the Government financial assistance and fiscal incentive measures.

1999, c. 77, s. 3.

4. The functions of the Minister are, more specifically, to

(1)  prepare and table in the National Assembly the Budget Speech setting out the economic, fiscal, budgetary and financial policies of the Government;

(2)  establish and propose to the Government the overall expenditure level;

(3)  make policy proposals to the Government on revenue matters, and advise the Government on its investments;

(4)  monitor, control and manage all matters related to State finances not assigned to another authority;

(5)  manage the Consolidated Revenue Fund and the public debt;

(6)  cause the public accounts and the other financial reports of the Government to be prepared;

(6.1)  prepare and publish, prior to the general election that follows the expiry of a Legislature, a pre-election report on the state of public finances;

(7)  in cooperation with the chair of the Conseil du trésor, develop policies and guidelines applicable to capital expenditures and establish the level of financial commitments involved in the renewal of collective agreements;

(8)  develop and propose to the Conseil du trésor the accounting policies to be used by the departments and bodies, including those designated under section 89 of the Financial Administration Act (chapter A-6.001), the rules applicable to payments made out of the Consolidated Revenue Fund and the rules governing the collection and management of State revenue.

1999, c. 77, s. 4; 2009, c. 38, s. 21; 2015, c. 8, s. 13.

4.1. The Minister may, for the preparation and presentation of the Government’s budgetary policies, set net result targets for state-owned enterprises, other than the Caisse de dépôt et placement du Québec, the Commission de la construction du Québec, the Commission des normes, de l’équité, de la santé et de la sécurité du travail and Retraite Québec.

The targets are set jointly with the Chair of the Conseil du trésor if a state-owned enterprise benefits from a transfer, that is, an undertaking under which the Government, a minister or a budget-funded body confers an economic benefit on the enterprise, in the fiscal year in which the target applies, for no consideration in goods or services.

For the purposes of this Act, state-owned enterprises are legal persons the majority of whose members or directors are appointed by the Government, except legal persons qualified as budget-funded bodies, institutions in the health and social services network and institutions in the education network, including Université du Québec and its constituent universities. The Minister shall post a list of the enterprises on the department’s website.

2016, c. 7, s. 1.

4.2. The net result target is sent to the minister responsible for the state-owned enterprise. The Minister shall, without delay, communicate the target to the enterprise.

2016, c. 7, s. 1.

4.3. A state-owned enterprise to which a net result target has been sent in accordance with section 4.2 shall report on the achievement of the target in its annual report.

2016, c. 7, s. 1.

4.4. For the purposes of sections 4.1 to 4.3, the net result of a state-owned enterprise means the result presented in its own financial statements and established in accordance with the accounting standards applicable to it, and which includes the result of any entity it controls according to these standards.

2016, c. 7, s. 1.

5. The Minister shall also exercise any other function assigned to the Minister by the Government.

1999, c. 77, s. 5.

CHAPTER II DEPARTMENTAL ORGANIZATION

6. The Government, in accordance with the Public Service Act (chapter F‐3.1.1), shall appoint a person as Deputy Minister of Finance.

1999, c. 77, s. 6.

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

The Deputy Minister shall, in addition, exercise any other function assigned by the Government or by the Minister.

1999, c. 77, s. 7.

8. In the exercise of deputy-ministerial functions, the Deputy Minister has the authority of the Minister.

1999, c. 77, s. 8.

9. The Deputy Minister may, in writing and to the extent indicated, delegate the exercise of deputy-ministerial functions under this Act to a public servant or the holder of a position.

The Deputy Minister may, in the instrument of delegation, authorize the subdelegation of the functions indicated, and in that case shall specify the public servant or holder of a position to whom the functions may be subdelegated.

1999, c. 77, s. 9.

10. The personnel of the department shall consist of the public servants required for the exercise of the functions of the Minister ; they 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 to the extent that they are not determined by law or by the Government.

1999, c. 77, s. 10.

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

Subject to the other provisions of this Act or any other Act, 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 the holder of a position and, in the latter two cases, only to the extent determined by the Government.

1999, c. 77, s. 11.

12. The Government may, subject to the conditions it determines, allow that a signature be affixed by an automatic device or by electronic means.

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

1999, c. 77, s. 12.

13. A document or copy of a document emanating from the department or forming part of its records, signed or certified true by a person referred to in section 11 or authorized by the Minister, is authentic.

1999, c. 77, s. 13.

14. An intelligible transcription of a decision or other data stored by the department on a computer or by any other means is a document of the department and is proof of its contents where certified true by a person authorized by the Minister.

1999, c. 77, s. 14.

15. The Minister may enter into agreements, as provided by law, 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.

The Minister may also enter into agreements with a government department or body or with any other person in a field under the Minister’s jurisdiction.

1999, c. 77, s. 15.

16. The Minister shall table a report in the National Assembly on the activities of the department within four months of the end of the fiscal year or, if the Assembly is not sitting, within 15 days of resumption.

1999, c. 77, s. 16.

CHAPTER III COMPTROLLER OF FINANCE

17. A Comptroller of Finance and a Deputy Comptroller of Finance shall be appointed at the Ministère des Finances in accordance with the Public Service Act (chapter F‐3.1.1).

1999, c. 77, s. 17.

18. The Comptroller of Finance shall be responsible for government accounting and for the integrity of the Government’s accounting system. In addition, the Comptroller shall see that the financial data recorded in the accounting system is accurate and ensure compliance with the Government’s accounting standards, principles and policies.

1999, c. 77, s. 18.

19. The functions of the Comptroller of Finance are, in particular, to prepare for the Minister the public accounts and any other financial report of the Government and to manage agreements providing for a tax rebate to a government department, a body or any other organization to which the agreement applies.

1999, c. 77, s. 19; 2015, c. 21, s. 537.

20. The Comptroller of Finance shall carry out any mandate assigned to the Comptroller by the Minister or the Government.

1999, c. 77, s. 20.

21. The Comptroller of Finance may provide advisory, support and training services to government departments, bodies and enterprises governed by the Financial Administration Act (chapter A‐6.001) on matters coming under the Comptroller’s authority.

1999, c. 77, s. 21.

22. The Comptroller of Finance may require such information relating to the financial operations and business of the government departments, bodies and enterprises referred to in section 21 and the bodies designated under section 89 of the Financial Administration Act (chapter A-6.001) as is necessary for the carrying out of the Comptroller’s responsibilities, functions or mandates, and may require that any book, register, account, record or other document relating thereto be produced.

The Comptroller of Finance may also require any information relating to a tax rebate from any organization to which an agreement described in section 19 applies, other than a government department, body or enterprise otherwise referred to in the first paragraph, and may require that any book, register, account, record or other document relating to the tax rebate be produced.

The Comptroller of Finance may make copies of any document containing such information and may require the production of any report considered necessary.

Every person having custody, possession or control of the documents shall, on request, give access thereto to the Comptroller of Finance and facilitate the Comptroller’s examination of the documents.

1999, c. 77, s. 22; 2009, c. 38, s. 22; 2015, c. 21, s. 538.

23. The Comptroller of Finance may, in writing and to the extent indicated, delegate the exercise of the functions of Comptroller of Finance to a public servant or to the holder of a position.

1999, c. 77, s. 23.

CHAPTER III.1 PRE-ELECTION REPORT

2015, c. 8, s. 14.

23.1. The Minister shall publish a pre-election report on the third Monday of August preceding the expiry of a Legislature as provided for in section 6 of the Act respecting the National Assembly (chapter A-23.1).

If a Legislature expires in February, the Minister shall publish a new pre-election report on the Monday immediately preceding the expiry.

The assurance report prepared in accordance with section 40.1 of the Auditor General Act (chapter V-5.01) must be attached to the pre-election report. It contains the Auditor General’s conclusion on the plausibility, as at the last working day of the sixth week preceding the date of publication of the pre-election report or as at a later date if the Auditor General considers it appropriate, as well as forecasts, projections, estimates and assumptions referred to in sections 23.2 and 23.3.

2015, c. 8, s. 14; 2020, c. 5, s. 225.

23.2. The Minister shall include the following in the pre-election report, with any necessary revisions:

(1)  the economic forecasts and assumptions appearing in the Budget Plan presented in the most recent Budget Speech;

(2)  the projected components of the Government’s financial framework appearing in the Budget Plan;

(3)  the estimated expenditures, established in collaboration with the Chair of the Conseil du trésor and broken down by field of State activity; and

(4)  the reports required under section 15 of the Balanced Budget Act (chapter E-12.00001) and section 11 of the Act to reduce the debt and establish the Generations Fund (chapter R-2.2.0.1).

2015, c. 8, s. 14.

23.3. The projected components of the Government’s financial framework must be presented for a period of five consecutive fiscal years, and the estimated expenditures, broken down by field of State activity, for a period of three consecutive fiscal years, beginning, in both cases, with the fiscal year that includes the date on which the report was published.

2015, c. 8, s. 14.

23.4. The Minister shall send the draft pre-election report to the Auditor General not later than the first working day of the ninth week preceding its publication date to enable the Auditor General to prepare the assurance report required under section 40.1 of the Auditor General Act (chapter V-5.01).

2015, c. 8, s. 14; 2020, c. 5, s. 226.

23.4.1. The Minister may, until the last working day of the sixth week preceding the date of publication of the pre-election report, make changes to the draft pre-election report, especially on the basis of data available at the time of its updating.

2020, c. 5, s. 227.

23.4.2. A preliminary draft of the financial framework shall be sent to the Auditor General on

(1)  in the case of the pre-election report referred to in the first paragraph of section 23.1, the fifth working day after the 20 June preceding the expiry of a Legislature as provided for in the first paragraph of section 6 of the Act respecting the National Assembly (chapter A-23.1); or

(2)  in the case of the pre-election report referred to in the second paragraph of section 23.1, the first working day before 21 December preceding the expiry of a Legislature as provided for in the third paragraph of section 6 of the Act respecting the National Assembly.

The Minister shall inform the Auditor General of any change the Minister makes to a draft pre-election report under the first paragraph on or before the last working day of the sixth week preceding the date of publication of the pre-election report.

The Minister may also, after the time provided for in the second paragraph, make any other change to the draft pre-election report that arises from the Auditor General’s work. Those changes are sent to the Auditor General without delay.

2020, c. 5, s. 227.

23.5. On the date the pre-election report is published, the Minister shall send it, with the Auditor General’s assurance report attached, to the President of the National Assembly, who shall table them before the National Assembly within three days after receiving it or, if the Assembly is not sitting, within three days of the opening of the next session or resumption.

As soon as the pre-election report and attached assurance report are sent to the President of the National Assembly, the Minister shall publish them by any means the Minister considers appropriate, without waiting for the President to table them.

2015, c. 8, s. 14; 2020, c. 5, s. 228.

CHAPTER IV FINANCING FUND

24. A fund, to be known as the “financing fund”, is hereby established at the Ministère des Finances for the financing of the following bodies, enterprises and special funds:

(1)  a general and vocational college governed by the General and Vocational Colleges Act (chapter C-29);

(2)  the Comité de gestion de la taxe scolaire de l’île de Montréal or a school board governed by the Education Act (chapter I-13.3), or a school board governed by the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14);

(3)  a university establishment described in paragraph a of section 1 of the University Investments Act (chapter I-17), except a legal person not directly or indirectly controlled by that establishment whose object is to build and administer university student residences;

(4)  a public institution governed by the Act respecting health services and social services (chapter S-4.2), or an agency referred to in that Act;

(5)  a public institution governed by the Act respecting health services and social services for Cree Native persons (chapter S-5), or a regional council established under that Act;

(6)  any body or enterprise of the Government whose borrowings may, by law, be guaranteed by the Government;

(7)  any body whose constituting Act provides that its borrowings may be authorized by the Government or a minister, where such borrowing is repaid in whole in the case of a municipality or other municipal body, or in whole or in part in other cases, by a subsidy granted for such purpose;

(8)  any special fund or public body designated by the Government, except a municipality or other municipal body.

The Government shall determine the nature of the loans that may be granted, the criteria for fixing the rates of interest that may be charged on the loans and the nature of the costs that may be charged in computing interest rates or in computing the repayment of loans.

1999, c. 77, s. 24; 2002, c. 75, s. 46; 2005, c. 32, s. 308; 2007, c. 41, s. 5.

25. The fund shall also serve to finance the financial services provided to government departments, and to the bodies, enterprises and special funds mentioned in section 24.

The Government shall determine the departments, enterprises, bodies and special funds that must, to the extent it indicates, apply to the fund for such financial services.

1999, c. 77, s. 25; 2011, c. 18, s. 211.

26. (Repealed).

1999, c. 77, s. 26; 2011, c. 18, s. 212.

27. The following are credited to the Fund, exclusive of interest earned on bank balances:

(1)  the sums collected for the financial services provided and the sums received as repayment of the principal of and interest on loans;

(2)  the sums transferred to the Fund by the Minister out of appropriations granted for that purpose by Parliament;

(3)  the advances made to the Fund by the Minister under section 30;

(4)  the sums collected following the assignment of loans or following transactions effected pursuant to section 31 or 32.

1999, c. 77, s. 27; 2011, c. 18, s. 213.

28. (Repealed).

1999, c. 77, s. 28; 2011, c. 18, s. 214.

29. The Minister, as the person responsible for the Financing Fund, may grant loans, on the terms and in the manner the Minister determines, to the bodies, enterprises and special funds referred to in section 24, up to the balance of the Fund.

The money lent is taken out of the Consolidated Revenue Fund, except when a loan is granted to a special fund. In that case, the Minister is authorized to transfer to the special fund sums credited to the Financing Fund.

1999, c. 77, s. 29; 2011, c. 18, s. 215.

30. Despite section 54 of the Financial Administration Act (chapter A-6.001), the Minister may not advance to the Fund sums credited to the general fund except for the purposes described in section 25 or 29 of this Act.

The Government’s authorization for an advance for the purposes of section 29 must specify when the advances are to be made to the Fund and the costs reimbursable out of the advance or chargeable in computing the applicable rates of interest.

If the sums advanced are borrowed under a borrowing plan, the Minister shall determine the amount of each advance and when it is transferred to the Fund, within the limits specified in the order authorizing the advance and made in the context of the borrowing plan.

1999, c. 77, s. 30; 2011, c. 18, s. 215.

31. The Minister may, for the purposes of securitization, assign loans granted under section 29. The Minister may make any commitment payable out of the Consolidated Revenue Fund, conclude any contract in that respect and continue to manage the loans for the benefit of the assignee.

1999, c. 77, s. 31; 2011, c. 18, s. 216.

32. (Repealed).

1999, c. 77, s. 32; 2011, c. 18, s. 217.

33. The Government shall establish a schedule of administrative, commitment and professional fees for the financial services offered to departments, bodies, enterprises and special funds.

1999, c. 77, s. 33.

34. The sums required for the following purposes are debited from the Fund:

(1)  the granting of a loan pursuant to section 29;

(2)  the payment of any expense incurred for the carrying out of the functions entrusted to the Minister by this chapter;

(3)  the payment of any sum required for the performance of any obligation contracted by the Minister as the person responsible for the Fund in respect of loans, assignments of loans or transactions under section 29 or 31.

Sections 47 to 52 of the Financial Administration Act (chapter A-6.001) do not apply to the repayment of an advance described in section 30, to the costs reimbursable out of the advance, to the interest applicable to the advance or to the financial commitments resulting from financial services provided under section 25, a loan granted under section 29 or a transaction entered into under section 31.

1999, c. 77, s. 34; 2011, c. 18, s. 218.

35. All surpluses accumulated by the fund are transferred to the general fund on the dates and to the extent determined by the Government.

1999, c. 77, s. 35; 2011, c. 18, s. 219.

36. (Repealed).

1999, c. 77, s. 36; 2000, c. 15, s. 157; 2011, c. 18, s. 220.

37. (Repealed).

1999, c. 77, s. 37; 2011, c. 18, s. 220.

38. (Repealed).

1999, c. 77, s. 38; 2011, c. 18, s. 220.

CHAPTER V AMENDING AND FINAL PROVISIONS

39. (Amendment integrated into c. D-5, s. 7).

1999, c. 77, s. 39.

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

1999, c. 77, s. 40.

41. (Amendment integrated into c. D-5, s. 27.2).

1999, c. 77, s. 41.

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

1999, c. 77, s. 42.

43. (Amendment integrated into c. F-4.1, s. 170.5.2).

1999, c. 77, s. 43.

44. (Amendment integrated into c. M-15.001, s. 63).

1999, c. 77, s. 44.

45. (Amendment integrated into c. M-17, s. 17.5).

1999, c. 77, s. 45.

46. (Amendment integrated into c. M-25.001, s. 26).

1999, c. 77, s. 46.

47. (Amendment integrated into c. M-25.001, s. 29).

1999, c. 77, s. 47.

48. (Amendment integrated into c. M-25.1.1, s. 30).

1999, c. 77, s. 48.

49. (Amendment integrated into c. M-25.1.1, s. 35.3).

1999, c. 77, s. 49.

50. (Amendment integrated into c. M-31, s. 97.5).

1999, c. 77, s. 50.

51. (Amendment integrated into c. P-19.1, s. 35).

1999, c. 77, s. 51.

52. (Amendment integrated into c. S-6.1, s. 16.1).

1999, c. 77, s. 52.

53. (Amendment integrated into c. S-37.01, s. 1).

1999, c. 77, s. 53.

54. (Omitted).

1999, c. 77, s. 54.

55. Any regulation made under section 8 of the Financial Administration Act (chapter A‐6) as it read on 14 November 2000 shall retain its effects as if it had been adopted under section 11 of this Act.

1999, c. 77, s. 55.

56. Section 41 has effect from 1 July 1999.

1999, c. 77, s. 56.

57. (Omitted).

1999, c. 77, s. 57.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R‐3), chapter 77 of the statutes of 1999, in force on 1 April 2001, is repealed, except sections 54 and 57, effective from the coming into force of chapter M-24.01 of the Revised Statutes.