O-5.2 - Act to establish the Office Québec-Monde pour la jeunesse

À jour au 1^er avril 2021

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chapter O-5.2

Act to establish the Office Québec-Monde pour la jeunesse

CHAPTER I ESTABLISHMENT AND NATURE

1. An agency to be known as the “Office Québec-Monde pour la jeunesse” is hereby established.

2009, c. 7, s. 1.

2. The agency is a legal person and a mandatary of the State.

The property of the agency forms part of the domain of the State, but the execution of the obligations of the agency may be levied against its property. The agency binds none but itself when it acts in its own name.

2009, c. 7, s. 2.

CHAPTER II MISSION AND POWERS

3. The mission of the agency, to the extent and subject to the conditions determined by the Minister, is to develop relations between young people from all regions of Québec as well as relations between these young people and those from the other provinces and territories of Canada, from the Communauté française de Belgique, from the Americas and from other jurisdictions and countries identified by the Minister that are not under the purview of the Office franco-québécois pour la jeunesse. The goal of developing such relations between young people is to promote mutual understanding of their respective cultures, increase exchanges between individuals and groups and encourage the development of networks.

More specifically, the agency is to establish contacts with public or private organizations in the jurisdictions and countries referred to in the first paragraph for the purpose of developing, in partnership with those organizations, mobility programs that include financial assistance measures making them accessible to young people from all backgrounds.

Mobility programs must include activities that are conducive to personal, academic or professional development such as seminars, internships and cultural productions.

The agency may provide funding or technical support for the development and implementation of mobility projects that originate in the community.

2009, c. 7, s. 3; 2017, c. 22, s. 2.

4. The agency carries out any mandate given to it by the Minister.

2009, c. 7, s. 4.

5. The agency, in cooperation with the Centre d’acquisitions gouvernementales where appropriate, provides the Office franco-québécois pour la jeunesse with financial, human, physical and technological resource management services as well as any other service agreed on by them, to the extent and subject to the conditions they determine.

2009, c. 7, s. 5; 2017, c. 22, s. 3; 2020, c. 2, s. 56.

6. The agency may, subject to the applicable legislative provisions, enter into an agreement with a government other than that of Québec, a department of such a government, an international organization or a body of such a government or organization.

2009, c. 7, s. 6.

CHAPTER III ORGANIZATION

7. The head office of the agency is to be located in the territory of Ville de Québec. Notice of the location of the head office must be published in the Gazette officielle du Québec.

2009, c. 7, s. 7.

8. The affairs of the agency are to be administered by a board of directors composed of an odd number of at least 11 and at most 15 members, appointed by the Government, including a chair, the president and chief executive officer of the agency and at least two directors of the Office franco-québécois pour la jeunesse.

The composition of the board must tend towards parity

(1)  between women and men;

(2)  between persons 35 years of age or under and persons over 35 years of age at the time of their appointment; and

(3)  between persons from a department or from a government body within the meaning of section 2 of the Financial Administration Act (chapter A-6.001) and persons who are not from a department or such a body.

In addition, appointments must tend towards adequate representation of the various regions of Québec.

2009, c. 7, s. 8; 2017, c. 22, s. 4.

8.1. No act or document of the agency or decision of the board of directors is invalid simply because the board is not established in accordance with section 8.

2017, c. 22, s. 5.

9. The offices of chair of the board of directors and of president and chief executive officer may not be held concurrently.

However, the offices of president and chief executive officer of the agency and of Secretary General of the Office franco-québécois pour la jeunesse may be held concurrently.

2009, c. 7, s. 9; 2017, c. 22, s. 6.

10. The chair of the board of directors and the president and chief executive officer are appointed for a term of not more than five years, and the other members of the board for a term of not more than four years. These terms, except that of the president and chief executive officer, may be renewed only once.

On the expiry of their term, the members remain in office until replaced or reappointed.

A vacancy on the board is filled in accordance with the rules governing the appointment of the member to be replaced.

Absence from the number of board meetings determined in the internal by-laws of the agency, in the cases and circumstances specified, constitutes a vacancy.

2009, c. 7, s. 10; 2017, c. 22, s. 7.

11. The chair of the board of directors presides at meetings of the board and sees to its smooth operation.

The chair also assumes any other responsibility assigned by the board.

2009, c. 7, s. 11.

12. The board of directors designates a vice-chair from among its members.

If the chair of the board is absent or unable to act, the vice-chair acts as chair.

2009, c. 7, s. 12.

13. The president and chief executive officer is responsible for the direction and management of the agency within the framework of its by-laws and policies. The president and chief executive officer proposes strategic directions to the board of directors, as well as general development policies. The office of president and chief executive officer is a full-time position.

The president and chief executive officer also assumes any other responsibility assigned by the board or the Minister.

2009, c. 7, s. 13.

14. If the president and chief executive officer is absent or unable to act, the Minister may designate a person to exercise the functions of that office.

2009, c. 7, s. 14.

15. The Government determines the remuneration, employee benefits and other conditions of employment of the president and chief executive officer.

2009, c. 7, s. 15.

16. The other members of the board of directors receive no remuneration except in the cases, subject to the conditions and to the extent the Government may determine. They are, however, entitled to the reimbursement of expenses incurred in the exercise of their functions, subject to the conditions and to the extent determined by the Government.

2009, c. 7, s. 16.

17. The quorum at meetings of the board of directors is the majority of its members, including the chair of the board and the president and chief executive officer.

Decisions of the board are made by a majority vote of the members present. In the case of a tie vote, the person chairing the meeting has a casting vote.

2009, c. 7, s. 17.

18. The minutes of the meetings of the board of directors, approved by the board and certified by the chair or another duly authorized member of the board, are authentic. The same applies to documents and copies emanating from the agency or forming part of its records, if they are so certified.

2009, c. 7, s. 18.

19. An intelligible transcription of a decision or other data stored by the agency on a computer or any other computer storage medium is a document of the agency and is proof of its contents if it is certified by a person referred to in section 18.

2009, c. 7, s. 19.

20. No document binds the agency or may be attributed to it unless it is signed by the chair of the board of directors, by the president and chief executive officer or, to the extent determined in the internal by-laws of the agency, by another member of the board or of the agency’s personnel.

2009, c. 7, s. 20.

21. The agency may allow, subject to the conditions and on the documents it determines in its internal by-laws, that a signature be affixed by means of an automatic device, that a signature be electronic, or that a facsimile of a signature be engraved, lithographed or printed. However, the facsimile has the same force as the signature itself only if the document is countersigned by a person referred to in section 18.

2009, c. 7, s. 21.

22. The members of the board of directors may waive notice of a meeting. The attendance of a member at a meeting of the board constitutes a waiver of notice, unless the member is present to contest the legality of the calling of the meeting.

2009, c. 7, s. 22.

23. The members of the board may, if they all agree, take part in a meeting using means which allow them to communicate with each other orally, such as the telephone. The participants are, in such a case, deemed to have attended the meeting.

2009, c. 7, s. 23.

24. A written resolution, signed by all the members entitled to vote, has the same value as a resolution adopted during a meeting of the board of directors.

A copy of all such resolutions must be kept with the minutes of the proceedings or any other equivalent record book.

2009, c. 7, s. 24.

25. The agency may make by-laws concerning the exercise of its powers and its internal management.

2009, c. 7, s. 25.

26. The members of the personnel of the agency are appointed in accordance with the staffing plan established by by-law of the agency.

Subject to the provisions of a collective agreement, the agency determines by by-law the pay scales and rates, employee benefits and other conditions of employment of its personnel, in accordance with the conditions defined by the Government.

2009, c. 7, s. 26.

27. The ethical and professional standards defined in sections 4 to 12 of the Public Service Act (chapter F-3.1.1) and the regulations apply to the members of the agency’s personnel.

2009, c. 7, s. 27.

CHAPTER IV FINANCIAL PROVISIONS AND REPORTS

28. The agency may charge administrative and professional fees or require any other remuneration for the services it provides.

2009, c. 7, s. 28.

29. The agency may not, without the authorization of the Government,

(1)  contract a loan that causes the total of its current outstanding loans to exceed the amount determined by the Government;

(2)  make a financial commitment in excess of the limits or in contravention of the terms and conditions determined by the Government;

(3)  acquire or hold shares in a legal person or an interest in a partnership in excess of the limits or in contravention of the terms and conditions determined by the Government;

(4)  dispose of shares in a legal person or an interest in a partnership in excess of the limits or in contravention of the terms and conditions determined by the Government;

(5)  acquire or dispose of other assets in excess of the limits or in contravention of the terms and conditions determined by the Government; or

(6)  accept a gift or legacy to which a charge or condition is attached.

2009, c. 7, s. 29.

30. The monies received by the agency are allocated to the payment of its activities and the performance of its obligations. Any surplus is retained by the agency unless the Government decides otherwise.

2009, c. 7, s. 30.

31. The Government may, subject to the terms and conditions it determines,

(1)  guarantee the payment of the principal of and interest on any loan contracted by the agency and the performance of its obligations; and

(2)  authorize the Minister of Finance to advance to the agency any amount considered necessary for the fulfilment of its obligations or the pursuit of its mission.

The sums required for the purposes of this section are taken out of the Consolidated Revenue Fund.

2009, c. 7, s. 31.

32. The fiscal year of the agency ends on 31 March.

2009, c. 7, s. 32.

33. The books and accounts of the agency are audited by the Auditor General each year and whenever so ordered by the Government.

The audit report must be submitted with the activity report and the financial statements of the agency.

2009, c. 7, s. 33.

34. The agency must, not later than 31 July each year, file with the Minister its financial statements and an activity report for the preceding fiscal year.

The financial statements and the activity report must contain all the information required by the Minister.

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

2009, c. 7, s. 34.

35. Each year the agency must file with the Minister, according to the form and tenor determined by the Minister, a business plan consistent with the policies of the Minister for the following fiscal year.

2009, c. 7, s. 35; 2020, c. 5, s. 134.

36. The agency must communicate to the Minister any information required by the Minister concerning its activities.

2009, c. 7, s. 36.

CHAPTER V MISCELLANEOUS PROVISIONS

37. The Minister of International Relations is responsible for the administration of this Act.

2009, c. 7, s. 37.

38. (Amendment integrated into c. O-10, heading of Chapter II).

2009, c. 7, s. 38.

39. (Amendment integrated into c. O-10, s. 8).

2009, c. 7, s. 39.

40. (Amendment integrated into c. O-10, s. 9).

2009, c. 7, s. 40.

41. (Amendment integrated into c. O-10, s. 10).

2009, c. 7, s. 41.

42. (Amendment integrated into c. O-10, s. 11).

2009, c. 7, s. 42.

43. (Amendment integrated into c. O-10, s. 12).

2009, c. 7, s. 43.

44. (Amendment integrated into c. A-6.001, Schedule 2).

2009, c. 7, s. 44.

45. The words “the Office Québec-Monde pour la jeunesse” are to be added, in alphabetical order,

(1)  (amendment integrated into c. R-10, Schedule I);

(2)  (amendment integrated into c. R-12.1, Schedule II).

2009, c. 7, s. 45.

46. (Omitted).

2009, c. 7, s. 46.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 7 of the statutes of 2009, in force on 1 August 2009, is repealed, except section 46, effective from the coming into force of chapter O-5.2 of the Revised Statutes.