S-20 - Act respecting the Société québécoise d’information juridique

À jour au 6 décembre 2005

Ce document a valeur officielle.

chapter S-20

Act respecting the Société québécoise d’information juridique

DIVISION I CONSTITUTION

1. A body, hereinafter called “the company”, is established under the name of “Société québécoise d’information juridique”.

The company may also be designated by the sigla “SOQUIJ”.

1975, c. 12, s. 1.

2. The company shall be composed of not less than twelve members, including the president and the vice-president, appointed by the Government.

1975, c. 12, s. 2.

3. The company shall be composed of:

(a)  two judges, appointed on the recommendation of the chief justices of the courts;

(b)  two academics, appointed on the recommendation of the deans of the law faculties;

(c)  three advocates, appointed after consultation with the Barreau du Québec;

(d)  one notary, appointed after consultation with the Chambre des notaires du Québec;

(e)  two officers from the Ministère de la Justice, appointed on the recommendation of the Minister of Justice;

(f)  two officers appointed on the recommendation of the minister responsible for the administration of the Act respecting the Centre de services partagés du Québec (chapter C‐8.1.1);

(g)  other members, as needed, who shall have speaking rights, but not voting rights.

1975, c. 12, s. 3; 1977, c. 5, s. 14, s. 229; 1994, c. 18, s. 50; 2005, c. 7, s. 93.

4. The Government shall fix, where necessary, the additional salary, fees or allowances of each member.

1975, c. 12, s. 4.

5. The members of the company are appointed for a period of not more than five years; they shall remain in office on the expiry of their term until they are replaced or reappointed.

1975, c. 12, s. 5.

6. If the president is absent or unable to act, he shall be replaced by the vice-president.

1975, c. 12, s. 6.

7. A member of the company shall not, under pain of forfeiture of office, have any direct or indirect interest in an undertaking putting his personal interest in conflict with that of the company.

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

1975, c. 12, s. 7.

8. The company shall appoint a general manager who shall be responsible for the administration of the company within the scope of its by-laws.

1975, c. 12, s. 8.

9. The general manager and the other members of the personnel of the company shall be appointed in accordance with the staffing plan established by by-law of the company.

Subject to the provisions of a collective agreement, the company shall determine, by by-law, the standards and scales of remuneration of the members of its personnel, including the general manager, in accordance with the conditions defined by the Government.

1975, c. 12, s. 9; 2000, c. 8, s. 216.

10. The company is a legal person.

1975, c. 12, s. 10; 1999, c. 40, s. 299.

11. The company shall have the rights and obligations of a mandatary of the State.

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

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

1975, c. 12, s. 11; 1977, c. 5, s. 14; 1999, c. 40, s. 299.

12. The company shall have its head office in the territory of Ville de Québec or Ville de Montréal, as the Government may prescribe by order, which shall come into force upon publication in the Gazette officielle du Québec.

It may hold its sittings at any place in Québec.

1975, c. 12, s. 12; 1996, c. 2, s. 929.

13. Minutes of the sittings approved by the company shall be authentic; the same applies to copies or extracts certified by the president, the vice-president or the general manager.

1975, c. 12, s. 13.

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

1975, c. 12, s. 14.

15. The company must, each year, send to the Minister of Justice, on the date prescribed by him, its budget for the next fiscal year. Such budget shall be without effect until approved by the Minister.

The Government may dismiss any member of the company who assents to an expenditure not provided by the budget of the company except where the expenditure assented to does not exceed the income of the company unforeseen in the budget.

The amount by which the income of the company exceeds its expenditures for a fiscal year shall be paid into the consolidated revenue fund after a working fund is established; the maximum amount of the working fund shall be determined by the Government.

1975, c. 12, s. 15.

16. The company shall send to the Minister of Justice, not later than 30 June each year, a report of its activities for the previous fiscal year.

The Minister shall table such report before the National Assembly.

1975, c. 12, s. 16.

17. The company shall at any time give the Minister of Justice any information or report he requires on its activities.

1975, c. 12, s. 17.

18. The books and accounts of the company shall be audited each year by the Auditor General and, in addition, whenever the Government so orders.

1975, c. 12, s. 18.

DIVISION II OBJECTS

19. The objects of the company shall be to promote research and development in the field of legal information, and the processing of legal data, in order to improve the quality of such information and to make it more accessible to the general public.

The company may also carry out any project or task, at the request of any department or agency of the Government, in order to apply to law the various techniques of data processing and information conservation; similarly, the company may carry out any such project or task at the request of a legal person of a public nature provided that the expenditures thereby incurred are not less than wholly compensated by income from such legal person.

1975, c. 12, s. 19; 1977, c. 5, s. 14; 1999, c. 40, s. 299.

20. The company shall in particular:

(a)  publish and distribute legal information in cooperation with the Québec Official Publisher;

(b)  organize and develop a legal documentation service, operate for such purpose a data processing service and use such techniques and implements as may favour the availability of such information to individuals before the courts and persons professionally engaged in law.

1975, c. 12, s. 20.

21. The company shall cooperate with the Québec Official Publisher in publishing judgments rendered by the courts of justice sitting in Québec and the decisions made by persons or bodies exercising adjudicative functions in Québec.

The company shall establish, by by-law, the procedure for collecting such judgments and decisions, criteria for the selection of those to be reported as well as the manner of reporting them.

Such by-law shall be made public by the company.

1975, c. 12, s. 21; 1997, c. 43, s. 764.

22. The company, to fulfil its duties, may cooperate with the Québec or non-Québec organizations concerned with legal information, legal documentation and law reform.

It may make agreements with such organizations in accordance with the laws in force.

1975, c. 12, s. 22.

DIVISION III FINAL PROVISIONS

23. This Act applies subject to the provisions of the Act respecting the Centre de services partagés du Québec (chapter C‐8.1.1) regarding the Québec Official Publisher.

1975, c. 12, s. 23; 1982, c. 62, s. 165; 1994, c. 18, s. 51; 2005, c. 7, s. 94.

24. The Minister of Justice is entrusted with the application of this Act.

1975, c. 12, s. 26.

25. (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 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 12 of the statutes of 1975, in force on 31 December 1977, is repealed, except sections 24, 25 and 27, effective from the coming into force of chapter S-20 of the Revised Statutes.