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

À jour au 3 juin 2022

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 affairs of the company shall be administered by a board of directors composed of 13 members appointed by the Government, including the chair of the board and the president and chief executive officer.

1975, c. 12, s. 2; 2022, c. 19, s. 414.

3. The members of the company’s board of directors, other than the president and chief executive officer, shall be as follows:

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

(2)  one academic appointed on the recommendation of the deans of the law faculties;

(3)  two advocates appointed after consultation with the Barreau du Québec;

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

(5)  two public servants from the Ministère de la Justice appointed on the recommendation of the Minister of Justice;

(6)  one public servant appointed on the recommendation of the Chair of the Conseil du trésor; and

(7)  three other members, including one who is a member of the professional order of accountants.

1975, c. 12, s. 3; 1977, c. 5, s. 14, s. 229; 1994, c. 18, s. 50; 2005, c. 7, s. 93; 2020, c. 2, s. 67; 2022, c. 19, s. 415.

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

1975, c. 12, s. 4.

5. (Repealed).

1975, c. 12, s. 5; 2022, c. 19, s. 416.

6. (Repealed).

1975, c. 12, s. 6; 2022, c. 19, s. 416.

7. (Repealed).

1975, c. 12, s. 7; 2022, c. 19, s. 416.

8. (Repealed).

1975, c. 12, s. 8; 2022, c. 19, s. 416.

9. The 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 in accordance with the conditions defined by the Government.

1975, c. 12, s. 9; 2000, c. 8, s. 216; 2022, c. 19, s. 417.

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

2022, c. 19, s. 418.

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 of the board of directors that it has approved shall be authentic; the same applies to copies or extracts certified by the chair of the board or the president and chief executive officer.

1975, c. 12, s. 13; 2022, c. 19, s. 419.

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

1975, c. 12, s. 14.

15. The Government may dismiss any member of the board of directors 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.

1975, c. 12, s. 15; 2011, c. 18, s. 285; 2020, c. 5, s. 149; 2022, c. 19, s. 420.

16. The company shall send to the Minister of Justice, not later than 30 June each year, an annual management report for the previous fiscal year.

The Minister shall table such report before the National Assembly.

1975, c. 12, s. 16; 2022, c. 19, s. 431.

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 Ministère de l’Emploi et de la Solidarité sociale and the Commission des partenaires du marché du travail (chapter M-15.001) 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; 2020, c. 2, s. 68.

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.