S-11.011 - Act respecting the Société de l’assurance automobile du Québec

À jour au 1^er octobre 2000

Ce document a valeur officielle.

chapter S-11.011

Act respecting the Société de l’assurance automobile du Québec

This Act was formerly entitled “An Act respecting the Régie de l’assurance automobile du Québec”. The title was replaced by section 1 of chapter 19 of the statutes of 1990.

1990, c. 19, s. 1.

1. A body, hereinafter called “the Société”, is established under the name of “Société de l’assurance automobile du Québec”.

1977, c. 67, s. 1; 1990, c. 19, s. 2.

2. (1)  The functions of the Société are:

(a)  to administer the compensation plan for victims of bodily injuries provided for by the Automobile Insurance Act (chapter A-25);

(b)  to administer the compensation plan for property damage prescribed in Title IV of the Automobile Insurance Act;

(c)  to administer the Highway Safety Code (chapter C-24.2), in particular with respect to the registration of road vehicles, permits and licences, vehicle safety standards and obligations in case of an accident;

(d)  to promote highway safety as regards the conduct of highway users as well as the safety standards respecting the vehicles used;

(e)  to ensure the monitoring of and control over road transportation of persons and goods on highways and in undertakings, and in particular with respect to the application of

 — the provisions of the Highway Safety Code;

 — the legislative or regulatory provisions pertaining to highway transportation which are under the responsibility of the departments and bodies designated by the Government, to the extent and on the conditions determined by agreement entered into pursuant to Title VIII.2 of the Highway Safety Code;

(f)  to assume operational coordination in matters pertaining to the control of highway transportation between the departments and bodies concerned and to promote stricter highway control throughout Québec;

(g)  to establish a program for the adaptation of a road vehicle so that it may be driven by or be accessible to a handicapped person.

(2)  For the purposes of subsection 1, the Société may

(a)  conduct studies on the means to promote rehabilitation;

(b)  pay, to the extent provided for in the Automobile Insurance Act, for the applications for indemnity that may be filed with it under the said Act;

(c)  recover the indemnities it is called upon to pay, where the Automobile Insurance Act or the Civil Code so authorizes;

(d)  intervene in any action resulting from an accident caused by an automobile;

(e)  transact or effect compromises;

(f)  itself or through a person it designates, inquire into any matter within its jurisdiction; for such purposes, the Société and any person it designates have the powers and immunities of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment;

(g)  collect the duties, fees, insurance contributions and the contributions of motorists to public transit with respect to the registration of a vehicle;

(h)  collect the duties, fees, and insurance contributions with respect to the issue of a permit.

(3)  (Subsection repealed).

1977, c. 67, s. 2; 1977, c. 68, s. 234; 1978, c. 57, s. 92; 1979, c. 63, s. 329; 1980, c. 38, s. 5; 1981, c. 7, s. 548; 1982, c. 59, s. 62; 1986, c. 91, s. 668; 1990, c. 19, s. 3; 1990, c. 19, s. 11; 1990, c. 83, s. 253; 1991, c. 32, s. 256; 1993, c. 56, s. 20; 1997, c. 49, s. 1.

2.1. For the purposes of the program referred to in paragraph g of subsection 1 of section 2, “handicapped person” means a handicapped person within the meaning of paragraph g of section 1 of the Act to secure the handicapped in the exercise of their rights (chapter E-20.1).

1997, c. 49, s. 2.

3. The Société may make any agreement with any person or association in order to assist a claimant within the meaning of the Automobile Insurance Act (chapter A-25) to present an application for an indemnity.

1977, c. 67, s. 3; 1977, c. 68, s. 235; 1990, c. 19, s. 11.

4. The Société is a legal person.

1977, c. 67, s. 4; 1980, c. 38, s. 6; 1981, c. 7, s. 536; 1986, c. 91, s. 655; 1990, c. 19, s. 11; 1999, c. 40, s. 279.

5. The Société has the rights and obligations of a mandatary of the State.

The property of the Société forms part of the domain of the State, but the performance of the obligations of the Société may be levied against its property.

The Société binds none but itself when it acts in its own name.

1977, c. 67, s. 5; 1990, c. 19, s. 11; 1999, c. 40, s. 279.

6. The Société shall have its head office at the place determined by the Government; a notice of the location and of any change of the head office shall be published in the Gazette officielle du Québec.

The Société may hold its sittings anywhere in Québec.

1977, c. 67, s. 6; 1990, c. 19, s. 11.

7. The Société is administered by a board of 11 directors, including a chairman and a vice-chairman, all appointed by the Government.

The Government shall, in addition, appoint such number of vice-chairmen to the Société as it may fix.

1977, c. 67, s. 7; 1977, c. 68, s. 236; 1980, c. 38, s. 7; 1984, c. 47, s. 135; 1990, c. 19, s. 11.

8. The chairman is appointed for not more than ten years, the other members of the board for not more than three years and the vice-chairmen of the Société for not more than five years.

On the expiry of their terms of office, they remain in office until they are replaced or reappointed.

If the chairman is absent or unable to act, he is replaced by the vice-chairman of the board.

1977, c. 67, s. 8; 1980, c. 38, s. 7; 1990, c. 19, s. 11.

9. The Government shall fix the salary and, where necessary, the additional salary, fees or allowances of each member of the board of directors and of the vice-chairmen of the Société and the indemnities to which they are entitled.

1977, c. 67, s. 9; 1980, c. 38, s. 7; 1990, c. 19, s. 11.

10. The chairman and the vice-chairmen of the Société hold office on a full-time basis.

1977, c. 67, s. 10; 1980, c. 38, s. 7; 1990, c. 19, s. 11.

11. Neither the chairman nor any vice-chairman of the Société may, under pain of forfeiture of office, have any direct or indirect interest in an activity putting his personal interest in conflict with that of the Société.

However, forfeiture is not incurred if such an interest devolves to him by succession or gift, provided that he renounces or disposes of it with dispatch.

A member of the board of directors having a direct or indirect interest in an activity must, on pain of forfeiture of office, disclose it to the chairman in writing and refrain from participating in any decision having to do with the activity in which he has the interest.

1977, c. 67, s. 11; 1980, c. 38, s. 7; 1990, c. 19, s. 11.

12. The secretary and the other officers and employees of the Société shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

The chairman of the Société shall exercise in that respect the powers conferred by the Public Service Act on the chief executive officer of an agency.

1977, c. 67, s. 12; 1978, c. 15, s. 133, s. 140; 1983, c. 55, s. 161; 1990, c. 19, s. 11; 2000, c. 8, s. 242.

13. The chairman is the general manager of the Société.

The chairman and general manager is responsible for the administration of the Société within the scope of its by-laws of internal management; such by-laws shall be approved by the Government, and come into force upon such approval.

1977, c. 67, s. 13; 1990, c. 19, s. 11.

14. Five members including the chairman constitute a quorum of the board of directors of the Société.

In the case of a tie-vote, the chairman has a casting vote.

1977, c. 67, s. 14; 1980, c. 38, s. 8; 1984, c. 47, s. 136; 1990, c. 19, s. 11.

15. The minutes of the sittings of the board of directors, approved by it and certified by the secretary or by a person authorized to that effect by regulation, are authentic. The same rule applies to documents and copies emanating from the Société or forming part of its records, when so certified.

No deed, document or writing binds the Société or may be attributed to the Société unless it is signed by the chairman, one of the vice-chairmen or a member of the personnel of the Société and, in the last case, only to the extent determined by regulation.

Such a regulation may, on the conditions fixed therein, allow the signature to be affixed by means of an automatic device to the documents mentioned in the resolution. It may also allow a facsimile of the signature to be engraved, lithographed or printed on the documents mentioned therein. The facsimile has the same value as the signature itself.

1977, c. 67, s. 15; 1980, c. 38, s. 9; 1989, c. 15, s. 16; 1990, c. 19, s. 11.

15.1. In any proceedings, other than penal proceedings, the court may admit a signed report in lieu of the testimony of an officer, public servant or employee of the Société to provide information relating to any Act under the administration of the Société.

Notwithstanding the first paragraph, a party to the proceedings may require the presence of the officer, public servant or employee at the hearing and the court, if of the opinion that the mere filing of the report would have been sufficient, may condemn that party to additional costs in the amount fixed by it.

1986, c. 91, s. 669; 1990, c. 19, s. 11; 1990, c. 4, s. 755.

16. The members of the board of directors, the vice-chairmen of the Société and officers of the Société cannot be sued by reason of official acts done in good faith in the exercise of their functions.

1977, c. 67, s. 16; 1980, c. 38, s. 10; 1990, c. 19, s. 11.

16.1. The Société cannot be compelled by any extraordinary recourse or provisional remedy to perform or not to perform any act entailed by its functions or the authority legally conferred upon it by this Act or the Automobile Insurance Act (chapter A-25).

1977, c. 68, s. 237; 1990, c. 19, s. 11.

16.2. A judge of the Court of Appeal may, upon motion, summarily annul any writ, order or injunction issued or granted contrary to section 16 or 16.1.

1977, c. 68, s. 237; 1979, c. 37, s. 43.

16.3. To hinder the work of an investigator or inspector of the Société in the performance of his duties, to mislead him by misrepresentations or by false or deceptive statements or to refuse to comply with any order he may give under this act or the Automobile Insurance Act, is prohibited.

Such investigator or inspector must, if so requested, exhibit a certificate signed by the chairman of the Société, or by a person authorized by him for that purpose, attesting his authority.

1977, c. 68, s. 237; 1990, c. 19, s. 11.

16.4. Any person who believes himself aggrieved by a decision of the Société concerning the adaptation of a road vehicle so that it may be driven by or be accessible to a handicapped person may contest the decision before the Administrative Tribunal of Québec within 60 days of notification of the decision.

1997, c. 49, s. 3.

17. The Société may, in conformity with the law, enter into agreements with another Canadian government, a foreign government or a department or agency of such a government, for the application of this Act and the Automobile Insurance Act (chapter A-25).

The Société may also enter into any agreement and sign any service contract with a department or agency of the Gouvernement du Québec for the application of this Act, of the Automobile Insurance Act, the Highway Safety Code (chapter C-24.2), the Act respecting transportation by taxi (chapter T-11.1) or the Transport Act (chapter T-12).

1977, c. 67, s. 17; 1977, c. 68, s. 238; 1980, c. 38, s. 11; 1981, c. 7, s. 536; 1985, c. 35, s. 47; 1986, c. 91, s. 655; 1990, c. 19, s. 11.

17.0.1. The Société may make with any government, any department of such government, any public body or any private undertaking an agreement in respect of the transfer of any expertise and products it develops or contributes to developing in carrying out its mandate.

The Société may pay any sum necessary for the carrying out of such an agreement out of its own revenues.

The Société may collect and include in its revenues any sum derived from an agreement made under this section.

1990, c. 19, s. 4.

17.1. The Société, by by-law, may delegate to the general manager, to a member of its personnel or to the holder of an office which is designated therein the powers vested in the Société by this Act, the Automobile Insurance Act (chapter A-25) or the Highway Safety Code (chapter C-24.2).

The Société may also, by the same by-law, allow the subdelegation of the functions mentioned therein. Where it allows such subdelegation, it shall identify the member of its personnel or the holder of an office to whom the subdelegation may be made.

1980, c. 38, s. 12; 1981, c. 7, s. 536; 1986, c. 91, s. 655; 1989, c. 15, s. 17; 1990, c. 19, s. 11.

18. The fiscal year of the Société ends on the last day of December each year.

1977, c. 67, s. 18; 1984, c. 47, s. 137; 1990, c. 19, s. 11.

19. The Société must, not later than 30 April each year, remit to the Minister a report on its activities for the preceding fiscal year. It must also remit to him a separate report on the operations and activities of that year which concern the mandate conferred on it pursuant to Title VIII.2 of the Highway Safety Code (chapter C-24.2). These reports must contain all the information required by the Minister.

The Minister shall table the reports of the Société before the National Assembly within thirty days of receiving them or, if it is not sitting, within thirty days of resumption.

The Société shall give to the Minister any other information he may require on its operations.

1977, c. 67, s. 19; 1980, c. 38, s. 13; 1990, c. 19, s. 11; 1990, c. 83, s. 254.

20. The books and accounts of the Société shall be audited by the Auditor General each year and also whenever so ordered by the Government; such reports shall accompany the annual report of the Société.

1977, c. 67, s. 20; 1990, c. 19, s. 11.

21. With the previous authorization of the Government, the Société may contract loans by notes, bonds or other securities, at such rate of interest and on such other conditions as are determined by the Government.

1977, c. 67, s. 21; 1990, c. 19, s. 11.

22. The Government, on such conditions as it determines, may:

(1)  guarantee the payment in principal and interest of any loan of the Société;

(2)  guarantee the performance of any obligation of the Société;

(3)  authorize the Minister of Finance to advance to the Société any amount deemed necessary for the carrying out of this Act, at such rate of interest, for such time and on such other conditions as it may determine.

The sums which the Government may be called upon to pay under such guarantees or to advance to the Société shall be taken out of the Consolidated Revenue Fund.

1977, c. 67, s. 22; 1990, c. 19, s. 11.

22.1. In no case may the Société, without the authorization of the Conseil du trésor, enter into a contract respecting property where the consideration is more than the amount determined by the Government.

1980, c. 38, s. 14; 1982, c. 59, s. 63; 1990, c. 19, s. 5; 1990, c. 19, s. 11.

23. The moneys paid to the Société and those obtained under sections 21 and 22 must be used exclusively for the administration of the Société and this Act.

1977, c. 67, s. 23 (part); 1977, c. 68, s. 239; 1981, c. 7, s. 549; 1990, c. 19, s. 11.

23.1. For the fiscal year 1990-91 of the Government and the four subsequent fiscal years, the Société shall pay into the Consolidated Revenue Fund a contribution applicable to capital expenditures in matters of highway safety which shall be established as follows:

(1)  $150,000,000 for each of the fiscal years 1990-91, 1991-92 and 1992-93 of the Government;

(2)  $90,000,000 for the fiscal year 1993-94 of the Government;

(3)  $85,000,000 for the fiscal year 1994-95 of the Government.

1981, c. 7, s. 550; 1982, c. 59, s. 64; 1990, c. 19, s. 6.

23.2. (Repealed).

1990, c. 19, s. 6; 1993, c. 57, s. 9.

23.3. The contribution is payable in four equal instalments on 30 June, 30 September, 31 December and 31 March each year.

1990, c. 19, s. 6.

23.4. For the fiscal year 1992-93 of the Government, the Société shall also pay into the Consolidated Revenue Fund a sum of $275,000,000 payable before 31 March 1993.

1992, c. 51, s. 1.

23.5. For the fiscal year 1993-94 of the Government, the Société shall also pay into the Consolidated Revenue Fund a sum of $675,000,000 payable before 31 March 1994.

1993, c. 57, s. 10.

23.6. For the fiscal year 1994-95 of the Government, the Société shall also pay into the Consolidated Revenue Fund a sum of $325,000,000 payable before 31 March 1995.

1993, c. 57, s. 10.

24. The Commission de la santé et de la sécurité du travail established under the Act respecting occupational health and safety (chapter S-2.1) may, with the authorization of the Government, make with the Société any contract of service or any agreement relating to the application of this Act.

The decisions rendered by the Commission de la santé et de la sécurité du travail are valid as decisions of the Société.

The Commission may delegate generally, to such of its officers as it may designate, the functions it has accepted under a contract or agreement made in accordance with this section.

The second paragraph of section 172 of the Act respecting occupational health and safety applies to officers to whom the Commission has delegated its functions.

The National Assembly must be notified of every delegation of functions effected by the Société to the Commission de la santé et de la sécurité du travail.

1977, c. 67, s. 25; 1977, c. 68, s. 240; 1978, c. 57, s. 92; 1979, c. 63, s. 329; 1982, c. 62, s. 143; 1985, c. 6, s. 510; 1990, c. 19, s. 11.

25. The Minister of Transport is responsible for the carrying out of this Act.

1977, c. 67, s. 26; 1980, c. 38, s. 15.

26. (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.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter R-4 of the Revised Statutes, in force on 1 September 1990, is repealed effective from the coming into force of chapter S-11.011 of the Revised Statutes.