O-5.01 - Act respecting the Office franco-québécois pour la jeunesse

À jour au 22 octobre 1999

Ce document a valeur officielle.

chapter O-5

Act respecting the Office franco-québécois pour la jeunesse

1. The Office franco-québécois pour la jeunesse created by the protocol reproduced as a schedule to this Act is a legal person.

1968, c. 7, s. 1; 1999, c. 40, s. 198.

2. The provisions of Title V of Book I of the Civil Code shall apply to the Office, which shall also be governed by the provisions of the said protocol, of the amendments thereto and of this Act; such provisions shall prevail over any inconsistent provision of any other law applicable to the Office.

1968, c. 7, s. 2; 1999, c. 40, s. 198.

3. The Office shall have the rights and privileges of a mandatary of the State.

1968, c. 7, s. 3; 1977, c. 5, s. 14; 1999, c. 40, s. 198.

4. The Office shall be composed of the persons who are or shall become members of its Board of Directors.

The members of the Board of Directors of the Office who are designated by the Gouvernement du Québec shall remain in office, notwithstanding the expiry of their term, until reappointed or replaced.

1968, c. 7, s. 4; 1977, c. 5, s. 14.

5. The Minister of International Relations is responsible for the application of this Act.

1968, c. 7, s. 5; 1974, c. 15, s. 39; 1985, c. 30, s. 57; 1988, c. 41, s. 87; 1994, c. 15, s. 33; 1996, c. 21, s. 70.

6. The annual report of the Secretary General of the Office shall be submitted to the Minister entrusted with the carrying out of this Act, after approval by the Board of Directors of the Office; the Minister shall lay such report before the National Assembly if it is in session, or, if it is not in session, within thirty days from the opening of the following session.

1968, c. 7, s. 6; 1968, c. 9, s. 90.

7. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

SCHEDULE

(Section 1)

(translation)

Protocol concerning exchanges between Québec and France in matters of physical education, sports and popular education made pursuant to the Franco-Québec agreement of the 27th February 1965 on a program of exchange and co-operation in the field of education.

TITLE I

Denomination and object

Article 1: A body called Office Franco-Québécois pour la Jeunesse is constituted within the framework of the Agreement of the 27th February 1965 and in accordance with the Preamble thereto

Article 2: The object of the Office is to develop relations between the youth of Québec and that of France, and for such purpose, to bring about, encourage and promote meetings and exchanges between groups of young people and also between authorities in the field of youthful activities, recreation and sports.

Article 3: The Office shall have juridical personality and shall enjoy in Québec and in France autonomy in its management and administration.

TITLE II

Means of action

Article 4: The Office shall have a common Franco-Québec fund. Subject to the budgetary regulations applicable by each of the parties, the appropriations necessary to the activities of the Office shall be paid into the fund each year, in equal amounts, after study of the budgetary proposals prepared by the Board of Directors. The Office is empowered to receive any other funds and in particular payments that may be made by beneficiaries of the activities organized by it.

Article 5: The participation of the Office shall usually take the form of cash grants — and, exceptionally, grants in kind  — to public bodies or private groups.

It may also grant bursaries within the framework of programs established by it.

It may also itself carry on co-operative and exchange activities and, in exceptional cases, establish and maintain installations for such purpose.

TITLE III

Board of Directors

Article 6: The Office shall be administered by a Board of Directors composed of 8 Québec members and 8 French members designated respectively by the Gouvernement du Québec and by the Government of the French Republic.

Each of the parties shall appoint 5 members representing the Government departments concerned and 3 others who shall be qualified persons.

For each member, a deputy shall be designated. The term of office of the members and of the deputy members shall be 4 years. Such members may be removed for serious cause, on the advice of the Board of Directors, by the Government which appointed them. The members of the Board of Directors shall serve gratuitously; they shall be indemnified for their travelling and entertainment expenses and the cost of attending meetings.

Article 7: The Board of Directors shall hold its sittings in the presence and under the chairmanship of the person designated by the Gouvernement du Québec and of the Minister in charge of Youth and Sports of the Government of the French Republic or of their representatives.

The Board of Directors shall sit alternately in Québec, under the chairmanship of the person designated by the Gouvernement du Québec or his representative, and in France, under the chairmanship of the French Minister or his representative.

Article 8: The Board of Directors shall meet at least once each year, and also whenever the person designated by the Gouvernement du Québec and the Minister in charge of Youth and Sports of the Government of the French Republic are both of the opinion that a meeting is necessary.

Article 9: The Board of Directors shall have the powers necessary for the accomplishment of the purpose of the Office as defined in article 2 of this protocol.

The Board shall:

— establish the program of activities of the Office and give directives for its implementation

— take all necessary measures for the proper functioning of the Office

— vote the budget of the Office

— prepare the financial arrangements to ensure the proper management of appropriations

— approve the annual report of the Secretary General

— examine the reports of subsidized organizations regarding their activities and the use of the funds they receive

— appoint, in agreement with each of the two Governments, a public auditor from Québec and a French auditor to examine together each year, according to the rules of the Office, the use made of the appropriations and to report thereon to the Board

— after hearing the Québec public auditor and the French auditor and any subsequent observations of the Secretary General, discharge the Secretary General of liability respecting his management during the fiscal year in question

Article 10: The quorum required for the validity of deliberations of the Board of Directors shall be 2/3 of the members. Failing such quorum, the Chairman shall call another meeting of the Board within a delay of 30 days; the Board shall then deliberate whether or not there is a quorum; decisions shall be taken by a majority of 3/4 of the members present.

Article 11: The Secretary General, assisted by a joint Secretary General, one a Quebecer and the other French, both appointed for a term of 3 years by agreement of the two Governments, shall constitute the executive arm of the Board of Directors.

Article 12: The Secretary General shall represent the Office. He shall prepare for the meetings of the Board of Directors and submit to it all reports and a draft budget; he shall appoint the heads of sections contemplated in article 13 and direct, supervise and co-ordinate their activities.

He shall give them all general instructions necessary for the carrying out of the decisions of the Board and see to the proper management of the budget.

The joint Secretary General shall assist the Secretary General in all his duties and replace him when he is absent or unable to act. Both of them shall attend the meetings of the Board of Directors, being present in an advisory capacity.

Article 13: Two sections are established, one having its seat at Québec and the other at Paris. Each shall be headed by a section head appointed for 4 years by the Secretary General.

Article 14: Each section head shall be responsible for the functioning of his section. The task of the section heads shall consist in carrying out the programs decided upon by the Board of Directors, in accordance with instructions given to them by the Secretary General. The Secretary General may delegate to them the right to appear before the Courts, make contracts and acquire and dispose of immovable property.

TITLE V

Special provisions

Article 15: An internal regulation, made by the Board of Directors, shall determine, so far as necessary the methods and conditions for implementing this protocol; decisions respecting the situation of personnel shall be prepared in agreement with the competent authorities of both parties.

Article 16: The two Governments may make any amendment to this protocol, on their own initiative or upon the proposal of the Board of Directors.

Article 17: This protocol shall come into force upon the signature thereof.

Given at Paris, the 9th of February 1968

For the Gouvernement du Québec

JEAN-MARIE MORIN

For the Government

of the French Republic

FRANÇOIS MISSOFFE

Minister of Youth and Sports

1968, c. 7, Schedule; 1977, c. 5, s. 14.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 7 of the statutes of 1968, in force on 31 December 1977, is repealed, except sections 7 and 8, effective from the coming into force of chapter O-5 of the Revised Statutes.