S-11 - Act respecting the Société de développement immobilier du Québec

À jour au 1^er avril 1999

Ce document a valeur officielle.

chapter S-11

Act respecting the Société de développement immobilier du Québec

Repealed, 1983, c. 40, s. 88.

1983, c. 40, s. 88.

1. A body, hereinafter called “the Corporation”, is constituted under the name of “Société de développement immobilier du Québec”.

1971, c. 43, s. 1; 1977, c. 5, s. 14.

2. The Corporation shall be a corporation within the meaning of the Civil Code and shall have the general powers of such a corporation and the special powers conferred upon it by this act.

1971, c. 43, s. 2.

3. The Corporation shall have the rights and privileges of a mandatary of the Government.

The property of the Corporation shall form part of the public domain, but the performance of the obligations of the Corporation may be levied against its property.

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

1971, c. 43, s. 3; 1977, c. 5, s. 14.

4. The Corporation shall have its corporate seat in the City of Montréal, but it may with the approval of the Government transfer it to another place in Québec; such a change shall come into force upon publication of a notice to that effect in the Gazette officielle du Québec.

It may hold its meetings at any place in Québec.

1971, c. 43, s. 4.

5. The Corporation shall consist of a president and two other members, all appointed by the Government which shall fix the fees, allowances or salary or, as the case may be, the additional salary of each of them.

1971, c. 43, s. 5.

6. Any officer of the Government or of one of its bodies may be a member of the Corporation, and two members of the Corporation must be chosen from among such officers.

1971, c. 43, s. 6; 1977, c. 5, s. 14.

7. If a member of the Corporation is unable to act, he may be replaced by a person appointed to perform his duties while he is unable to act; such person shall be appointed by the Government which shall fix his fees, allowances, salary or additional salary.

1971, c. 43, s. 7.

8. No member of the Corporation shall, under pain of forfeiture of his office, have any direct or indirect interest in an undertaking putting his personal interest in conflict with that of the Corporation.

Such forfeiture, however, shall not be incurred if such interest devolves to him by succession or gift, provided he renounces or disposes of it with all possible dispatch.

1971, c. 43, s. 8.

9. With the approval of the Conseil du trésor, the functionaries and employees of the Ministère des Travaux publics et de l’Approvisionnement may work for the Corporation.

1971, c. 43, s. 9; 1973, c. 27, s. 20; 1977, c. 5, s. 14.

10. The president shall be the general manager of the Corporation.

1971, c. 43, s. 10.

11. The president and general manager shall be responsible for the administration of the Corporation within the scope of its regulations.

The regulations of the Corporation must be approved by the Government before coming into force; they shall be published in the Gazette officielle du Québec.

1971, c. 43, s. 11.

12. The members of the Corporation cannot be sued by reason of official acts done in good faith in the exercise of their functions.

1971, c. 43, s. 12.

13. Minutes of the sittings approved by the Corporation shall be authentic; the same shall apply to copies or extracts certified by the president or secretary of the Corporation.

1971, c. 43, s. 13.

14. The fiscal year of the Corporation shall end on the 31st of March each year.

1971, c. 43, s. 14.

15. The Corporation shall, not later than the 30th of June each year, make a report to the Minister of Public Works and Supply of its activities for its previous fiscal year; such report shall contain all the information which the Minister prescribes. It shall be laid before the National Assembly if in session or, if not, within ten days after the opening of the next session.

The Corporation shall also at all times give the Minister of Public Works and Supply any information he requires on its activities.

1971, c. 43, s. 15; 1973, c. 27, s. 20.

16. The books and accounts of the Corporation shall be audited by the Auditor General each year and also whenever the Government so orders.

1971, c. 43, s. 16.

17. The object of the Corporation shall be to take part in the construction, development and operation of Place Desjardins situated in the quadrilateral formed by Sainte-Catherine, Saint-Urbain, Dorchester and Jeanne-Mance streets in Montréal, with a view to providing the Government and its bodies with such premises as they require in this sector to meet the needs of the population.

A further object of the Corporation is to build and equip a convention centre at Montréal.

1971, c. 43, s. 17; 1977, c. 5, s. 14; 1980, c. 37, s. 1.

17.1. The Corporation becomes, from 25 February 1981, the owner of the moveable and immoveable property related to the attainment of the objects set forth in the second paragraph of section 17 and that was owned by the Government before that date.

As a consideration, the Corporation assumes the obligations and acquires the rights of the Government connected with the moveable and immoveable property. In addition, the Corporation shall pay the amount agreed upon to the Government as reimbursement of all the expenditures already made in respect of the moveables and immoveables.

1980, c. 37, s. 2.

17.2. The registrar of the registration division of Montréal must register by deposit a statement containing the designation, in accordance with article 2168 of the Civil Code, of the immoveables of which the Corporation has become the owner pursuant to the first paragraph of section 17.1.

1980, c. 37, s. 2.

17.3. For the attainment of the objects set forth in the second paragraph of section 17, the Corporation may, in particular,

(a)  acquire, lease or otherwise alienate moveable or immoveable property;

(b)  expropriate any immoveable or real right;

(c)  with the prior authorization of the Government, contract for a loan by note, bond, or otherwise, at such rate of interest, for such period of time and on such other conditions as the Government may fix;

(d)  associate with or enter into a contract with any person;

(e)  hypothecate, mortgage or pledge its present or future moveable or immoveable property in accordance with the Special Corporate Powers Act (chapter P-16); and

(f)  enter, according to law, into such agreements as it considers necessary with any government or person.

1980, c. 37, s. 2.

18. For the purposes of the first paragraph of section 17, the Corporation may, with the prior approval of the Government,

(a)  acquire and hold shares of the capital stock or other securities of Place Desjardins Inc.;

(b)  transfer said shares or other securities to the Caisse de dépôt et placement du Québec or to any public corporation or public body;

(c)  associate with any public corporation or public body or any body of the Mouvement Desjardins for the attainment of the objects set forth in the first paragraph of section 17;

(d)  guarantee the completion of the construction and development works of Place Desjardins;

(e)  advance to Place Desjardins Inc. any amount considered necessary, at such rate of interest, for such time and on such other conditions as the Corporation deems appropriate;

(f)  give any other guarantees or undertakings in respect of said works or their financing or resulting therefrom; and

(g)  for purposes of the foregoing paragraphs, make such agreements as the Corporation deems appropriate.

1971, c. 43, s. 18; 1973, c. 70, s. 1; 1974, c. 55, s. 1; 1977, c. 5, s. 14; 1980, c. 37, s. 3.

18.1. For the purposes of the objects set forth in the second paragraph of section 17, the contracts entered into in the name of the Corporation are subject to the conditions and approvals contemplated in section 49 of the Financial Administration Act (chapter A-6).

1980, c. 37, s. 4.

19. The Minister of Finance is authorized to pay to the Corporation out of the consolidated revenue fund an amount which may attain $10 000 000.

The Minister of Finance is authorized to advance to the Corporation out of the consolidated revenue fund any amount considered necessary for the carrying out of this act, at such rate of interest, for such time and on such other conditions as the Government determines.

1971, c. 43, s. 19; 1973, c. 70, s. 2; 1974, c. 55, s. 2.

19.1. For the purposes of the second paragraph of section 17, the Government may, on such conditions as it may fix,

(a)  undertake, with respect to any loan contracted for by the Corporation, to fill the Corporation’s liquidity requirements so as to allow it to repay the capital and pay the interest when due and, where such is the case, contribute to any sinking-fund;

(b)  guarantee payment in capital and interest of any loan or other obligation contracted for by the Corporation;

(c)  guarantee performance of the construction and equipping of the convention centre;

(d)  give any other guarantee or undertaking in respect of the said construction or equipping or the financing thereof, or resulting therefrom.

The sums required for the purposes of this section are taken out of the consolidated revenue fund.

1980, c. 37, s. 5.

20. The sums received by the Corporation are applied to the payment of its obligations, and the balance is paid, at the demand of the Minister of Finance, into the consolidated revenue fund.

1971, c. 43, s. 20; 1980, c. 37, s. 6.

21. The Minister of Public Works and Supply shall have charge of the carrying out of this act.

1971, c. 43, s. 21; 1973, c. 27, s. 20.

22. This Act shall operate notwithstanding the provisions of sections 2 and 7 to 15 of the Constitution Act, 1982 (Schedule B of the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom).

1982, c. 21, s. 1.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 43 of the statutes of 1971, in force on 31 December 1977, is repealed, except section 22, effective from the coming into force of chapter S-11 of the Revised Statutes.