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

À jour au 10 octobre 2020

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.

CHAPTER I THE SOCIÉTÉ DE L’ASSURANCE AUTOMOBILE DU QUÉBEC

2004, c. 34, s. 1.

DIVISION I ESTABLISHMENT AND FUNCTIONS

2004, c. 34, 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, as trustee, the Fonds d’assurance automobile du Québec, hereinafter called the “Fonds d’assurance”;

(b)  (paragraph repealed);

(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, automobile advertising 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 property 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 carry out any other mandate assigned to it by law or by an agreement with the Government, a department or body of the Government or the Communauté métropolitaine de Montréal.

(2)  For the purposes of subsection 1, the Société may, on its own behalf or for the Fonds d’assurance,

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

(b)  pay, to the extent provided for in the Automobile Insurance Act (chapter A-25), 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, as well as any tax, with respect to the registration of a vehicle;

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

(i)  collect the insurance contribution referred to in section 24, 50 or 101 of the Act respecting remunerated passenger transportation by automobile (chapter T-11.2).

(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; 2004, c. 34, s. 2; 2007, c. 40, s. 89; 2008, c. 14, s. 125; 2010, c. 42, s. 31; 2016, c. 8, s. 84; 2019, c. 18, s. 256.

2.1. (Repealed).

1997, c. 49, s. 2; 2004, c. 34, s. 3.

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. All the property in the possession of the Société on 31 December 2003 belongs to the Société, except the property transferred to the Fonds d’assurance.

1977, c. 67, s. 5; 1990, c. 19, s. 11; 1999, c. 40, s. 279; 2004, c. 34, s. 4.

DIVISION II ORGANIZATION AND OPERATION

2004, c. 34, s. 5.

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 directors consisting of from 9 to 15 members, including the chair and the president and chief executive officer.

The Government shall appoint the members of the board, other than the chair of the board and the president and chief executive officer, after consulting with bodies designated by the board and representative of any of the following sectors or groups, and based on the expertise and experience profiles approved by the board:

(1)  business;

(2)  insurance;

(3)  law;

(4)  health;

(5)  highway safety;

(6)  road victims; and;

(7)  road users.

Board members are appointed for a term of up to four years.

2006, c. 59, s. 88.

7.1. (Repealed).

2004, c. 34, s. 6; 2006, c. 59, s. 89.

7.2. (Repealed).

2004, c. 34, s. 6; 2006, c. 59, s. 89.

8. The Government shall appoint the chair of the board of directors for a term of up to five years.

1977, c. 67, s. 8; 1980, c. 38, s. 7; 1990, c. 19, s. 11; 2006, c. 59, s. 90.

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

2006, c. 59, s. 91.

8.2. A vacancy on the board of directors shall be filled for the remainder of the unexpired term in accordance with the rules of appointment to the board.

Non-attendance at a number of board meetings determined by by-law of the Société constitutes a vacancy in the cases and circumstances specified by by-law.

2006, c. 59, s. 91.

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

1977, c. 67, s. 9; 1980, c. 38, s. 7; 1990, c. 19, s. 11; 2006, c. 59, s. 92.

10. On the recommendation of the board of directors, the Government shall appoint the president and chief executive officer based on the expertise and experience profile approved by the board of directors.

The president and chief executive officer is appointed for a term of up to five years.

The board shall determine the remuneration and other conditions of employment of the president and chief executive officer in keeping with parameters set by the Government.

1977, c. 67, s. 10; 1980, c. 38, s. 7; 1990, c. 19, s. 11; 2006, c. 59, s. 93.

10.1. If the board of directors does not recommend a candidate for the position of president and chief executive officer in accordance with section 10 within a reasonable time, the Government may appoint the president and chief executive officer after notifying the board members.

2006, c. 59, s. 93.

10.2. If the president and chief executive officer is absent or unable to act, the board of directors may designate a member of the Société’s personnel to exercise the functions of that position.

2006, c. 59, s. 93.

11. The members of the board of directors are not in conflict of interest for the sole reason that they are required to perform the duties imposed on the Société under section 23.0.4.

1977, c. 67, s. 11; 1980, c. 38, s. 7; 1990, c. 19, s. 11; 2004, c. 34, s. 7; 2006, c. 59, s. 94.

12. The Société shall appoint vice-presidents who shall hold office on a full-time basis under the authority of the president and chief executive officer.

The other members of the personnel of the Société shall be appointed under the Public Service Act (chapter F-3.1.1).

The president and chief executive officer 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; 2006, c. 59, s. 95; 2007, c. 40, s. 90.

13. The Government shall approve the by-laws of the Société relating to the exercise of its functions other than the functions of trustee.

1977, c. 67, s. 13; 1990, c. 19, s. 11; 2004, c. 34, s. 8; 2006, c. 59, s. 96.

14. The Société shall determine, by by-law, the rules relating to the quorum of the board of directors.

1977, c. 67, s. 14; 1980, c. 38, s. 8; 1984, c. 47, s. 136; 1990, c. 19, s. 11; 2006, c. 59, s. 97.

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 president and chief executive officer 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; 2006, c. 59, s. 98.

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-presidents and the members of the personnel 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; 2006, c. 59, s. 99; 2007, c. 40, s. 91.

16.1. The Société cannot be compelled by any application for judicial review 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; 2014, c. 1, s. 779.

16.2. A judge of the Court of Appeal may, on an application, summarily annul any judgment, decision, order or injunction rendered or granted contrary to section 16 or 16.1.

1977, c. 68, s. 237; 1979, c. 37, s. 43; I.N. 2016-01-01 (NCCP).

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, to refuse to provide him with any information or document he is entitled to require or examine, to conceal or destroy any document or property relevant to an inquiry or inspection or to refuse to comply with any order he may give under this Act or the Automobile Insurance Act (chapter A-25), is prohibited.

Such investigator or inspector must, if so requested, exhibit a certificate signed by the president and chief executive officer, or by a person authorized by him for that purpose, attesting his authority.

A person who contravenes the first paragraph is guilty of an offence and liable to a fine of $200 to $1,000.

1977, c. 68, s. 237; 1990, c. 19, s. 11; 2004, c. 34, s. 9; 2006, c. 59, s. 100.

16.4. The Minister of Transport may, by agreement, entrust to the Société the implementation of a program on the adaptation of road vehicles to allow handicapped persons to drive a vehicle or have access to it. The program is established under subparagraph c of the first paragraph of section 3 of the Act respecting the Ministère des Transports (chapter M-28) and section 4 of the Transport Act (chapter T-12).

A person who believes he has been wronged by a decision rendered by the Société, as a mandatary acting under an agreement provided for in the first paragraph, may contest the decision before the Administrative Tribunal of Québec within 60 days of notification of the decision.

For the purposes of this section, “handicapped person” means a handicapped person within the meaning of paragraph g of section 1 of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1).

1997, c. 49, s. 3; 2004, c. 34, s. 10; 2004, c. 31, s. 71.

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), of the Act respecting transport infrastructure partnerships (chapter P-9.001), the Act respecting remunerated passenger transportation by automobile (chapter T-11.2) 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; 2000, c. 49, s. 29; 2019, c. 18, s. 257.

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 president and chief executive officer, 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), the Highway Safety Code (chapter C‐24.2) or the Act respecting owners, operators and drivers of heavy vehicles (chapter P‐30.3).

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; 2004, c. 2, s. 78; 2005, c. 39, s. 52; 2006, c. 59, s. 101.

DIVISION III FINANCIAL PROVISIONS AND REPORTING

2004, c. 34, s. 11.

17.2. The Société shall collect the sums paid under sections 21, 31.1, 69 and 93.1 of the Highway Safety Code (chapter C-24.2).

The Société shall also collect

(1)  the amounts paid under an agreement made with any government, any department of such a government or any public body;

(2)  any other amount it is authorized to receive or recover.

2004, c. 34, s. 11.

17.3. The sums for which the Société has no immediate need for its day-to-day business are deposited with the Caisse de dépôt et placement du Québec.

2004, c. 34, s. 11.

17.4. The insurance contributions fixed under sections 151 to 151.3.1 of the Automobile Insurance Act (chapter A-25) must, from the fiscal year ending on 31 December 2015 at the latest, cover the payment of all indemnities resulting from accidents that occurred during the period for which those insurance contributions were fixed and all other costs borne by the Fonds d’assurance for that period.

To fix insurance contributions, the Société may include investment income other than investment income from assets held in connection with actuarial liability. Insurance contributions must also be fixed so that the assets of the Fonds d’assurance, after deducting any debts and reserves, are equal to or greater than the amount, actuarially valued, that is needed to pay all indemnities, present or future, resulting from accidents that occurred up to the date of valuation. The Société shall make the valuation at the end of each fiscal year.

If there is an insufficiency in the assets, the insurance contributions must be fixed so as to correct the insufficiency over a maximum period of 15 years.

2004, c. 34, s. 11; 2019, c. 18, s. 258.

17.5. The actuarial valuation referred to in sections 151, 151.1 and 151.3.1 of the Automobile Insurance Act (chapter A-25) and in section 17.4 must be made by an actuary who is a Fellow of the Canadian Institute of Actuaries or has an equivalent status recognized by the Institute.

2004, c. 34, s. 11; 2019, c. 18, s. 259.

17.6. Before amending a regulation on insurance contributions, a regulation on fees made under the Act respecting remunerated passenger transportation by automobile (chapter T-11.2) or a regulation on fees made under section 624 of the Highway Safety Code (chapter C-24.2) that is not subject to government approval under section 625 of that Code, the Société must obtain the opinion of a panel of experts established for that purpose. The panel consists of three members, appointed by the Government, who are representative of the actuarial, financial and insurance sectors.

The Société is not required to obtain the opinion of a panel of experts on amendments that have no impact on the tariffing of insurance contributions or fees and that are intended to ensure concordance with technical amendments to a regulation on the registration of road vehicles or to a regulation on licences to drive road vehicles made under the Highway Safety Code.

The mandate of the panel is to review the approach taken and check the data used in support of the regulatory amendments contemplated by the Société. The panel must also hold a public consultation by publishing a notice to that effect in the Gazette officielle du Québec and in at least one French-language and one English-language daily newspaper of its choice. The notice must indicate

(1)  the nature of the regulatory amendments regarding insurance contributions or fees contemplated by the Société;

(2)  the holding of a public consultation to examine the regulatory amendments;

(3)  the possibility for interested persons to submit observations, in particular on the panel’s website; and

(4)  the place, date and time of the public consultation.

Such a consultation must not be held before the expiry of 30 days after the date of the last publication.

The panel must submit its report to the Société within the time limit determined by the Société. The report must be made public by the Société.

The panel shall adopt rules of operation after the members designate a chair from among their number. The Société shall determine the terms of reference of the panel’s mandate and provide the panel with the support necessary for its operation.

2004, c. 34, s. 11; 2006, c. 59, s. 102; 2013, c. 16, s. 63; 2019, c. 18, s. 260.

17.7. Within the scope of its mandate, the panel of experts must, as regards a regulation on insurance contributions,

(1)  evaluate the rating criteria for insurance contributions adopted by the Société and ascertain that they correspond, in particular, to the principles of self-financing of the plan, of equity, of administrative feasibility and of indemnification by road vehicle users and by operators of systems of remunerated passenger transportation by automobile;

(2)  confirm the total expenditure the Société considers necessary to cover the costs of the indemnities resulting from accidents that occur during the period for which the insurance contributions are fixed and all the other costs borne by the Fonds d’assurance for that period;

(3)  assess the measures taken to promote accident prevention and highway safety in order to reduce the risks associated with driving;

(4)  consider the risks inherent in each class of insureds and the equity to be maintained between classes of insureds;

(5)  ensure that the insurance contributions are fair and reasonable;

(6)  consider the financing policy of the Société, the actuarial forecasts, the valuation of the actuarial liability and, where applicable, the need for recapitalization in the event of insufficient assets;

(7)  consider the quality of the service provided to the insureds by the Société and any change made to the automobile insurance plan;

(8)  consider the economic and social concerns indicated by the Société and the public.

The panel of experts must, as regards a regulation on fees,

(1)  ensure that the fees payable for a service are fair and reasonable;

(2)  consider the quality of the services provided to the public;

(3)  consider the financing policy of the Société, which must, among other things,

(a)  ensure that the total of the fees is sufficient to cover the costs borne by the Société and make up any deficit within a reasonable time; and

(b)  seek a relative stabilization of fees; and

(4)  consider the economic and social concerns indicated by the Société and the public.

2004, c. 34, s. 11; 2013, c. 16, s. 64; 2019, c. 18, s. 261.

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. Not later than 30 April each year, the Société must submit to the Minister its financial statements and its annual management report for the preceding fiscal year.

Within the same period, the Société must also submit to the Minister a separate report concerning its mandate under Title VIII.2 of the Highway Safety Code (chapter C-24.2).

The annual management report must contain the information that must be provided in an annual report under sections 36, 38 and 39 of the Act respecting the governance of state-owned enterprises (chapter G-1.02). In addition, the reports of the Société must contain any other information required by the Minister.

The Minister shall table the reports of the Société in the National Assembly within 15 days after receiving them or, if it is not sitting, within 15 days of resumption.

The Société must submit to the Minister any other information the Minister requests concerning the Société and any subsidiary of the Société.

1977, c. 67, s. 19; 1980, c. 38, s. 13; 1990, c. 19, s. 11; 1990, c. 83, s. 254; 2004, c. 34, s. 12; 2006, c. 59, s. 103.

20. The books and accounts of the Société shall be audited jointly every year by the Auditor General and an external auditor appointed by the Government. The remuneration of the external auditor shall be paid out of the revenues of the Société. The joint report must accompany the Société’s annual management report.

1977, c. 67, s. 20; 1990, c. 19, s. 11; 2006, c. 59, s. 104.

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.

CHAPTER II THE FONDS D’ASSURANCE AUTOMOBILE DU QUÉBEC

2004, c. 34, s. 13.

23.0.1. The sums in the possession of the Société on 31 December 2003 and the securities deposited with the Caisse de dépôt et placement du Québec are transferred to the Fonds d’assurance, except the sums kept on deposit by the Société in accordance with the Acts it administers.

The claims of the Société that are recoverable as at 31 December 2003 under the Automobile Insurance Act (chapter A-25) and the advances made as at that date to rehabilitation centres by the Société are the only claims and advances that are transferred to the Fonds d’assurance.

The titles of ownership of the immovable where the head office of the Société is situated are also transferred to the Fonds d’assurance.

2004, c. 34, s. 13.

23.0.2. The debts of the Société on 31 December 2003 shall be borne by the Fonds d’assurance, except for the sick leave and vacation credits of the personnel of the Société, the sums owing to suppliers and the sums owing to the Government in taxes and duties.

2004, c. 34, s. 13.

23.0.3. The Fonds d’assurance, established as a social trust patrimony, shall be dedicated to

(1)  granting the compensation for bodily injury provided for in the Automobile Insurance Act (chapter A-25) and the compensation for property damage provided for in Title IV of that Act;

(2)  promoting accident prevention and highway safety to reduce the risks associated with driving.

The measures taken under subparagraph 2 of the first paragraph must not compromise the financial stability of the Fonds d’assurance.

2004, c. 34, s. 13.

23.0.4. The Société is the trustee of the Fonds d’assurance.

The Société is deemed to have accepted the trusteeship and the obligations arising from it as of 1 January 2004.

The Société shall act to promote the objectives pursued by the Fonds d’assurance.

2004, c. 34, s. 13.

23.0.5. Articles 1260 to 1262, 1264 to 1266, 1270, 1274, 1278, 1280, 1293, 1299, 1306 to 1308, 1313 and 1316 are the only provisions of Title VI and Title VII of Book IV of the Civil Code that apply to the Fonds d’assurance and to the Société in its capacity as trustee, with the necessary modifications.

2004, c. 34, s. 13.

23.0.6. The titles to the property of the Fonds d’assurance and other documents of the Fonds are drawn up in its name.

2004, c. 34, s. 13.

23.0.7. The Société shall transfer to the Fonds d’assurance, as they are received, all the sums it collects as insurance contributions under sections 21, 31.1, 69 and 93.1 of the Highway Safety Code (chapter C-24.2) and under sections 24, 50 and 101 of the Act respecting remunerated passenger transportation by automobile (chapter T-11.2) or as amounts recoverable pursuant to the Automobile Insurance Act (chapter A-25), and any other sums meant to increase the Fonds d’assurance.

The Société shall prepare a monthly reconciliation of the sums so collected and the sums actually transferred.

2004, c. 34, s. 13; 2019, c. 18, s. 262.

23.0.8. The sums transferred to the Fonds d’assurance under sections 23.0.1 and 23.0.7 are deposited with a bank governed by the Bank Act (Statutes of Canada, 1991, chapter 46) or a financial services cooperative governed by the Act respecting financial services cooperatives (chapter C-67.3).

2004, c. 34, s. 13.

23.0.9. The sums referred to in section 23.0.8 for which the Société has no immediate need for the day-to-day business of the Fonds d’assurance are deposited with the Caisse de dépôt et placement du Québec.

2004, c. 34, s. 13.

23.0.10. The expenses incurred in the interest of the Fonds d’assurance are payable by the Fonds.

2004, c. 34, s. 13.

23.0.11. When the Société withdraws a sum from the Fonds d’assurance, it is acting in its capacity as trustee.

2004, c. 34, s. 13.

23.0.12. The Société must prepare for the Fonds d’assurance its budget estimates for the following fiscal year at least one month before the end of the current fiscal year or on any other date set by the board of directors.

2004, c. 34, s. 13.

23.0.13. Sections 21 to 22.1 and the Financial Administration Act (chapter A-6.001) do not apply to the Société in the exercise of its functions as trustee.

2004, c. 34, s. 13.

23.0.13.1. Paragraph 5 of section 34 and sections 35 and 40 of the Act respecting the governance of state-owned enterprises (chapter G-1.02) do not apply to the Société in the exercise of its functions as trustee.

2006, c. 59, s. 105.

23.0.14. The Public Administration Act (chapter A-6.01) does not apply to the Société in the exercise of its functions as trustee, except for the provisions relating to human resources and section 78 to the extent that it relates to human resources.

2004, c. 34, s. 13; 2006, c. 29, s. 47; 2012, c. 25, s. 78.

23.0.15. (Repealed).

2004, c. 34, s. 13; 2006, c. 29, s. 48; 2011, c. 19, s. 39; 2012, c. 25, s. 79.

23.0.16. The fiscal year of the Fonds d’assurance ends on 31 December.

2004, c. 34, s. 13.

23.0.17. Not later than 30 April each year, the Société must submit to the Minister the financial statements and an annual management report on the activities of the Fonds d’assurance for the previous fiscal year. The report must contain all the information prescribed by the Minister.

The Minister must table the financial statements and the report before the National Assembly within 15 days of receiving them if the National Assembly is sitting or, if it is not sitting, within 15 days of resumption.

2004, c. 34, s. 13; 2006, c. 59, s. 106.

23.0.18. The books and accounts of the Fonds d’assurance shall be audited, every year and whenever the Government so orders, by the Auditor General and an external auditor appointed by the Government. The remuneration of the external auditor shall be paid out of the revenues of the Fonds d’assurance.

The joint report must accompany the Société’s annual management report.

2004, c. 34, s. 13; 2006, c. 59, s. 107.

23.0.19. The president and chief executive officer of the Société is accountable to the National Assembly for the management of the Fonds d’assurance.

The competent parliamentary committee of the National Assembly may hear the chair of the board and the president and chief executive officer at least once each year to discuss the management of the Fonds d’assurance.

The parliamentary committee may discuss, in particular, the financial statements, the annual management report and any administrative matter related to the Fonds d’assurance that may have been noted in a report of the Auditor General or the Public Protector.

2004, c. 34, s. 13; 2006, c. 59, s. 108.

CHAPTER III MISCELLANEOUS PROVISIONS

2004, c. 34, s. 13.

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.