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Décisions des tribunaux
a-6.01
- Public Administration Act
Table des matières
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À jour au 11 mai 2017
Ce document a valeur officielle.
chapter
A-6.01
Public Administration Act
PUBLIC ADMINISTRATION
05
May
30
2000
05
May
30
2000
CHAPTER
I
OBJECT AND APPLICATION
1
.
This Act affirms the priority given by the Administration, in developing and implementing the rules of public administration, to the quality of the services provided to the public; thus, it establishes a results-based management framework centred on transparency.
This Act reaffirms the role played by parliamentarians with respect to government action and their contribution to the improvement of the services provided to the public by enhancing the accountability of the Administration to the National Assembly.
2000, c. 8, s. 1
.
2
.
The government management framework shall focus more specifically on
(
1
)
responsiveness, in making management decisions, to the expectations expressed by the public in light of available resources;
(
2
)
the achievement of results in relation to stated objectives;
(
3
)
greater flexibility, through the adaptation of management rules to the particular situations of departments and bodies;
(
4
)
recognition of the role of deputy ministers and chief executive officers in implementing controls in relation to results-based management;
(
5
)
accountability reporting based on performance in achieving results;
(
6
)
optimum use of the resources of the Administration;
(
7
)
giving the National Assembly access to relevant information on the activities of the Administration.
2000, c. 8, s. 2
.
3
.
For the purposes of this Act, the Administration comprises
(
1
)
the departments of the Government;
(
2
)
all budget-funded bodies, namely all bodies all or part of the expenditures of which are provided for in the estimates tabled in the National Assembly otherwise than under a transferred appropriation;
(
3
)
all bodies whose personnel is appointed in accordance with the Public Service Act (
chapter F‐3.1.1
);
(
4
)
all bodies a majority of the members or directors of which are appointed by the Government or by a minister and at least half of the expenditures of which are borne directly or indirectly by the Consolidated Revenue Fund.
A person appointed or designated by the Government or by a minister, together with the personnel directed by that person, is considered to be a body in the exercise of the functions assigned to the person by law, the Government or the Minister.
2000, c. 8, s. 3
.
4
.
The National Assembly, any person appointed or designated by the National Assembly to exercise functions under the authority of the National Assembly, the personnel directed by that person and the Commission de la représentation are subject to the provisions of this Act only to the extent provided by law.
The same applies to the courts of justice within the meaning of the Courts of Justice Act (
chapter T-16
), or bodies whose membership is wholly comprised of judges of the Court of Québec, the Conseil de la magistrature, the committee on the remuneration of the judges or the committee on the remuneration of criminal and penal prosecuting attorneys.
2000, c. 8, s. 4
;
2011, c. 31, s. 13
;
I.N. 2015-11-01
.
CHAPTER
II
GENERAL RESPONSIBILITIES
DIVISION
I
APPLICATION
5
.
This chapter applies to the departments and budget-funded bodies of the Administration.
It also applies to any other body of the Administration that is designated for that purpose by the minister responsible and only to the extent determined by that minister. Notice of the designation must be published in the
Gazette officielle du Québec
.
However, only sections 6, 7 and 8, subparagraphs 1 to 5 of the first paragraph of section 9, section 11, the first paragraph and subparagraphs 1 and 2 of the second paragraph of section 24 and section 29 are applicable to bodies whose members are appointed by the National Assembly and to administrative bodies exercising adjudicative functions and, in the case of the latter bodies, only as concerns management objectives for service accessibility, the effectiveness and efficiency of their decision-making process and the results achieved. The report required under section 24 shall be incorporated into the annual report of those bodies.
2000, c. 8, s. 5
.
DIVISION
II
SERVICE STATEMENT
6
.
A department or body that provides services directly to the public shall publish a service statement setting out its objectives with regard to the level and quality of the services provided.
The statement shall specify the time frame within which services are to be provided and give clear information on their nature and accessibility.
For the purposes of this Act, services to the public comprise services to individuals and services to enterprises.
2000, c. 8, s. 6
.
7
.
A department or body that provides services directly to the public must
(
1
)
remain receptive to public expectations;
(
2
)
simplify service delivery rules and procedures to the greatest extent possible;
(
3
)
encourage its employees to provide quality services and to collaborate in achieving the results targeted by the department or body.
Where the department or body considers it appropriate, it shall inform users of the cost of its services.
2000, c. 8, s. 7
.
DIVISION
III
STRATEGIC PLAN
8
.
Each department or body must adopt a strategic plan covering a period of more than one year.
2000, c. 8, s. 8
.
9
.
The strategic plan must state
(
1
)
the mission of the department or body;
(
2
)
the context in which the department or the body acts and the main challenges it faces;
(
3
)
the strategic directions, objectives and lines of intervention selected;
(
4
)
the results targeted over the period covered by the plan;
(
5
)
the performance indicators to be used in measuring results;
(
6
)
any other element determined by the Conseil du trésor.
The Conseil du trésor may determine the information to be included in the plan, the period it is to cover, its form, and the intervals at which it is to be reviewed.
2000, c. 8, s. 9
.
10
.
The strategic plan of a department or body shall be forwarded to the Government by the minister responsible at least 60 days before it is to be tabled in the National Assembly.
2000, c. 8, s. 10
.
11
.
The strategic plan of a department or body shall be tabled in the National Assembly by the minister responsible.
2000, c. 8, s. 11
.
DIVISION
IV
PERFORMANCE AND ACCOUNTABILITY AGREEMENT
12
.
A performance and accountability agreement may be entered into by a minister and the director of an administrative unit in a department or body under the responsibility of the minister.
The deputy minister or chief executive officer concerned shall also be a party to the performance and accountability agreement to ensure that its content is integrated with the activities of the department or body and shall subscribe, in the exercise of his or her responsibilities, to the undertakings set out in the agreement.
The performance and accountability agreement shall include a description of the administrative unit.
2000, c. 8, s. 12
.
13
.
A performance and accountability agreement must contain
(
1
)
a definition of the mission and strategic directions of the administrative unit and a description of the responsibilities of the director of the unit;
(
2
)
an annual action plan describing the objectives for the first year of the agreement, the measures to be taken to meet the objectives, and the resources available, and an undertaking to produce such a plan on an annual basis;
(
3
)
the main indicators to be used in measuring results;
(
4
)
an undertaking to produce, at the end of each year, a management report describing the results achieved and, so far as possible, comparing them to the results achieved by similar bodies.
Any management agreement made pursuant to section 19 by the Minister and the Conseil du trésor shall be appended to the performance and accountability agreement and shall be binding on the parties.
A performance and accountability agreement may also provide for the formation of an advisory committee to enable client representatives or specialists from outside the Administration to give their opinion on the execution of the agreement.
2000, c. 8, s. 13
.
14
.
A performance and accountability agreement and management agreement are public documents which the minister responsible shall table in the National Assembly.
2000, c. 8, s. 14
.
15
.
The annual action plan of an administrative unit covered by a performance and accountability agreement shall be submitted for approval to the minister responsible by the department or body concerned.
2000, c. 8, s. 15
.
16
.
The director of an administrative unit having entered into a performance and accountability agreement must ensure that the mission and strategic directions of the unit are complied with, and that the unit achieves its annual objectives within the management framework applicable to it using the resources allocated to it.
2000, c. 8, s. 16
.
17
.
The minister is, after entering into a performance and accountability agreement, empowered to exercise supervision and control over the achievement of the objectives of the administrative unit.
The deputy minister or chief executive officer responsible for the administrative unit is also empowered to exercise supervision and control.
2000, c. 8, s. 17
.
18
.
A person exercising supervision and control over an administrative unit who considers that the unit has not achieved its annual objectives or that its director has not complied with the performance and accountability agreement may replace the director of the unit or, if the appointment of the director is not within that person’s authority, recommend to the competent authority that the director be replaced.
In addition, the minister responsible for the administrative unit may suspend or cancel the performance and accountability agreement. The minister shall notify the Conseil du trésor immediately of the suspension or cancellation.
2000, c. 8, s. 18
.
19
.
A management agreement is an agreement entered into by the minister responsible for an administrative unit covered by a performance and accountability agreement and the Conseil du trésor. The management agreement shall define a management framework for human, financial, physical and information resources that is specific to the unit, the relevant conditions, and the administrative policies governing it.
Where applicable, the body concerned shall intervene in the management agreement.
2000, c. 8, s. 19
.
20
.
The Conseil du trésor may, as part of a management agreement,
(
1
)
delegate the exercise of any power, other than a regulatory power, conferred on it or on the chair of the Conseil du trésor by this Act, the Public Service Act (
chapter F‐3.1.1
) or any other Act governing the activities of the department or the body, and authorize the subdelegation of that power;
(
2
)
exempt an administrative unit from the application of one of its decisions.
2000, c. 8, s. 20
.
21
.
At the request of a minister or of a body, the Centre de services partagés du Québec may intervene in a management agreement to provide for the delegation and exercise of the powers conferred on it by the Act respecting the Centre de services partagés du Québec (
chapter C-8.1.1
), and which it may not otherwise delegate.
The minister responsible for the administration of the Public Infrastructure Act (
chapter I-8.3
) may also intervene in a management agreement to provide for the delegation of the property management powers conferred on the Société québécoise des infrastructures under the Act.
Any other minister or body may intervene in a management agreement to exempt the administrative unit from certain administrative procedures or from the obligation to provide information on the management of the administrative unit.
2000, c. 8, s. 21
;
2005, c. 7, s. 55
;
2013, c. 23, s. 98
.
22
.
A management agreement may contain suppletory measures, procedural requirements and reporting requirements in respect of an administrative unit, in particular where
(
1
)
the law provides for the transfer of the balance of an appropriation to a subsequent fiscal year;
(
2
)
the law grants appropriations for a period exceeding one year;
(
3
)
an expenditure in excess of the appropriation may be made in accordance with section 50;
(
4
)
the administrative unit has been granted a delegation or an exemption under section 20 or 21;
(
5
)
no staffing level is applicable to the administrative unit pursuant to section 32.
A management agreement may also set out procedural requirements and reporting requirements where, in a regulation made under section 58 or 59, the Government has prescribed specific conditions applicable to all contracts, certain categories of contracts or certain contracts made for the administrative unit.
2000, c. 8, s. 22
.
23
.
The Conseil du trésor may, if it considers that a management agreement has not been complied with, recommend to the minister responsible for the unit that the performance and accountability agreement be suspended or cancelled.
2000, c. 8, s. 23
.
DIVISION
V
REPORTING
24
.
Every department and body must prepare an annual management report.
The report must include
(
1
)
a presentation of the results obtained, measured against the objectives fixed in the strategic plan established pursuant to section 8 and in any annual expenditure management plan required under section 46;
(
1.1
)
an annual review of its achievements with respect to information resources, and of the benefits obtained;
(
2
)
a statement by the deputy minister or chief executive officer concerning the reliability of the data and of the monitoring mechanisms;
(
3
)
any other particular or information determined by the Conseil du trésor.
A separate report must be prepared for every administrative unit covered by a performance and accountability agreement, or be included in a separate section of the report prepared by the department or body. The required content of the report shall be determined in the performance and accountability agreement or, where applicable, in the management agreement.
2000, c. 8, s. 24
;
2011, c. 19, s. 23
.
25
.
The annual management report of a body shall be transmitted to the minister responsible, at least 15 days before the expiry of the four-month period prescribed by section 26, together with the annual management report of each administrative unit within the body that is covered by a performance and accountability agreement.
2000, c. 8, s. 25
.
26
.
The annual management report of a department, and of the bodies and administrative units under a minister’s responsibility, shall be tabled in the National Assembly by the minister concerned within four months after the end of their fiscal year or, if the Assembly is not sitting, within 15 days of resumption.
2000, c. 8, s. 26
.
27
.
The annual management report of a department or body shall replace the annual report of activities that is required by statute to be tabled in the National Assembly if the annual management report contains the information required to be included in the annual activities report.
2000, c. 8, s. 27
.
28
.
A report on the administration of this Act shall be tabled in the National Assembly every year by the chair of the Conseil du trésor.
2000, c. 8, s. 28
.
29
.
A deputy minister, or a person exercising the powers conferred by the Public Service Act (
chapter F-3.1.1
) on a deputy minister, and the chief executive officer of a body of the Administration, even if the body has not been designated under the second paragraph of section 5, are, as provided by law, in particular as concerns the exercise of the authority and powers of the minister under whose authority they fall, accountable to the National Assembly for their administrative management.
The competent parliamentary committee of the National Assembly shall hear the minister at least once every four years, if the minister considers it appropriate and, where applicable, shall also hear the deputy minister or chief executive officer to examine their administrative management.
The parliamentary committee may examine
(
1
)
the service statement, and the results achieved in relation to the administrative aspects of a strategic plan or an annual expenditure management plan;
(
2
)
the results achieved in relation to the objectives of an affirmative action program or hiring plan for handicapped persons that is applicable to the department or body, and in relation to the hiring objectives determined by the Conseil du trésor with regard to the various segments of Québec society;
(
3
)
any other matter of an administrative nature under the authority of the department or body that is noted in a report of the Auditor General or the Public Protector.
2000, c. 8, s. 29
;
2009, c. 3, s. 3
.
CHAPTER
III
HUMAN RESOURCES MANAGEMENT
30
.
The Conseil du trésor shall involve departments and bodies whose personnel is appointed in accordance with the Public Service Act (
chapter F‐3.1.1
) in developing the management framework applicable to them.
2000, c. 8, s. 30
.
31
.
The Conseil du trésor shall establish human resources management policies for the public service that are consistent with the objectives of the Public Service Act (
chapter F‐3.1.1
).
It shall facilitate the development of human resources development plans and future human resources plans by departments and bodies.
2000, c. 8, s. 31
.
32
.
As concerns the public service, the Conseil du trésor shall
(
1
)
establish a classification of positions or position holders and the minimum conditions of eligibility for classes of positions or grades;
(
2
)
define staffing practices to be used in filling positions;
(
3
)
determine the remuneration, employee benefits and other conditions of employment of public servants.
The Conseil du trésor may, in addition, establish the staffing level of a department or body.
2000, c. 8, s. 32
.
33
.
No remuneration may be paid to public servants over and above the regular salary attached to their position except in accordance with a decision of the Conseil du trésor.
2000, c. 8, s. 33
.
34
.
The Conseil du trésor shall establish the terms and conditions regulating
(
1
)
the integration of public servants into a class of positions;
(
2
)
the identification, placing on reserve and assignment of tenured public servants who are surplus to the requirements of a department or body.
2000, c. 8, s. 34
.
35
.
The Conseil du trésor shall set up affirmative action programs, applicable in the public service, to remedy the situation of persons belonging to groups discriminated against in employment.
2000, c. 8, s. 35
.
36
.
The Conseil du trésor is responsible for negotiating collective agreements with the certified associations of employees in the public service.
The chair of the Conseil du trésor shall sign the collective agreements and supervise and co-ordinate their implementation.
2000, c. 8, s. 36
.
37
.
As concerns a body whose personnel is not appointed in accordance with the Public Service Act (
chapter F‐3.1.1
), the Conseil du trésor shall exercise the powers conferred on the Government by law to define the conditions governing the determination, by the body, of the remuneration, employee benefits and other conditions of employment of its personnel. The Conseil du trésor may, in particular, provide that all or some conditions of employment determined by the body will be subject to its approval.
The Conseil du trésor may impose conditions that vary from one body to another or, where appropriate, impose no conditions.
2000, c. 8, s. 37
.
38
.
The Conseil du trésor may consult associations representing personnel members not represented by a certified association concerning the conditions of employment for which it considers it appropriate to hold a consultation for the entire public and parapublic sectors.
2000, c. 8, s. 38
.
39
.
The Conseil du trésor may establish group insurance plans for the personnel of the public and parapublic sectors and the bodies it designates, fix the terms and conditions applicable to them, in particular the premiums and contributions payable, and enter into agreements for that purpose.
2000, c. 8, s. 39
.
40
.
The Conseil du trésor shall, after consulting the Minister of Finance, exercise the powers conferred on the Government by an Act that establishes a pension plan applicable to personnel of the public and parapublic sectors, except
(
1
)
(paragraph repealed);
(
2
)
the powers conferred by sections 2 and 177 of the Act respecting the Government and Public Employees Retirement Plan (
chapter R-10
);
(
3
)
the power conferred by section 9.0.1 of the Act respecting the Teachers Pension Plan (
chapter R-11
);
(
4
)
the powers conferred by the third paragraph of section 54 and section 99.1 of the Act respecting the Civil Service Superannuation Plan (
chapter R-12
);
(
4.1
)
the powers conferred by section 2, subparagraph 7 of the first paragraph of section 3, sections 23 and 196.31 and the first paragraph of section 208 of the Act respecting the Pension Plan of Management Personnel (
chapter R-12.1
);
(
5
)
the power of appointment and the power to establish the conditions of employment of appointees;
(
6
)
the power to designate the minister responsible for the administration of those Acts.
2000, c. 8, s. 40
;
2001, c. 31, s. 394
;
2006, c. 49, s. 72
;
2013, c. 9, s. 49
;
2017, c. 7
2017, c. 7
,
s.
22
1
.
CHAPTER
IV
BUDGETARY CONTROL OF CURRENT AND CAPITAL EXPENDITURES
DIVISION
I
APPLICATION
41
.
This chapter applies to the departments and budget-funded bodies of the Administration.
2000, c. 8, s. 41
.
42
.
The provisions of this Act that relate to the current expenditures of a department or body and those of Division I of Chapter II of the Public Infrastructure Act (
chapter I-8.3
) also apply to their capital expenditures.
2000, c. 8, s. 42
;
2013, c. 23, s. 99
.
DIVISION
II
EXPENDITURE PLANNING
43
.
Departments and bodies shall manage their expenditures on the basis of expected results. They are responsible for controlling their expenditures and complying with the resource envelopes allocated to them.
2000, c. 8, s. 43
.
44
.
The Conseil du trésor is responsible for submitting draft estimates to the Government each fiscal year. For such purpose, it shall consider the budgetary implications of the proposals of the departments and bodies.
The Conseil du trésor shall determine the procedure for the preparation of draft estimates.
2000, c. 8, s. 44
.
45
.
The estimates of the expenditures of departments and bodies shall be tabled in the National Assembly by the chair of the Conseil du trésor for the purpose of establishing the appropriations required during the fiscal year.
An appropriation may, however, cover a period of more than one year, without exceeding three years.
The estimates shall indicate the expenditures of the departments and budget-funded bodies that must be recorded in accordance with the Government’s accounting policies and the extent to which the balance of an appropriation will not lapse.
The Government shall determine, on the joint recommendation of the Minister of Finance and the chair of the Conseil du trésor, the proportion of the appropriations shown in the estimates that may cover more than one year, and the proportion that will not lapse.
2000, c. 8, s. 45
.
46
.
The annual expenditure management plans prepared by each minister shall be tabled in the National Assembly by the chair of the Conseil du trésor. The plans shall present, for the fiscal year concerned, the choices made with regard to the allocation of resources, and the actions envisaged to achieve the objectives stated in the strategic plan.
2000, c. 8, s. 46
.
47
.
The estimates shall show separately the statutory appropriations that do not require an annual vote by Parliament, the appropriations which are already or are to be authorized for a period of more than one year, and the appropriations which must be authorized annually by a vote of Parliament.
2000, c. 8, s. 47
.
DIVISION
III
UTILIZATION OF APPROPRIATIONS
48
.
The expenditures chargeable against an appropriation shall be limited according to the division of such appropriation into allotments as shown in the expenditure budget.
The Conseil du trésor may, to the extent provided by law, authorize the transfer of part of an appropriation granted to a department or body to another appropriation of the department or body.
The Conseil du trésor may amend or subdivide an allotment. The Conseil du trésor may also, in the cases and circumstances and on the terms and conditions it determines, authorize a department or a body to transfer any portion of an appropriation between allotments or suballotments of that appropriation.
Amounts received during a fiscal year, as repayments of advances or loans granted during the same year out of an appropriation, shall be returned to the same appropriation and may be reutilized.
2000, c. 8, s. 48
.
48.1
.
Amounts received or to be received by a department or a body, for a fiscal year, as a rebate of the sales tax paid or to be paid under Title I of the Act respecting the Québec sales tax (
chapter T-0.1
) for the fiscal year out of a statutory appropriation are returned to the same appropriation. The same applies to amounts received or to be received, for a fiscal year, as a rebate of the tax provided for in Part IX of the Excise Tax Act (R.S.C. 1985, c. E-15), paid or to be paid by a department or a body for the fiscal year in accordance with the Comprehensive Integrated Tax Coordination Agreement entered into between the Government of Canada and the Gouvernement du Québec.
2012, c. 28, s. 17
.
49
.
The proceeds derived from the alienation of property by a department or body shall constitute, for all purposes, an appropriation of the department or body for the fiscal year during which they are paid into the Consolidated Revenue Fund, to the extent and according to the conditions determined by the Government.
The proceeds shall be added to the appropriation that would be utilized by the department or body to purchase similar property.
2000, c. 8, s. 49
.
50
.
Where the law provides that an appropriation is a net voted appropriation, the amount of the expenditures chargeable against the appropriation is equal to the total of the amount of the net voted appropriation and the amount of the estimated revenues. A net voted appropriation is the amount by which the estimated expenditures exceed the amount of the estimated revenues as shown in the estimates.
If the revenues are less than those estimated, the amount of the expenditures chargeable against the appropriation is reduced accordingly.
If the revenues are greater than those estimated, the amount of the expenditures chargeable to the appropriation may exceed the total amount referred to in the first paragraph up to the amount of the surplus revenues.
The Government shall determine, on the joint recommendation of the Minister of Finance and the chair of the Conseil du trésor, the nature of the revenues other than revenues from levies or taxes that may constitute revenues for the purposes of a net voted appropriation, and the terms and conditions applicable to the utilization of a net voted appropriation.
2000, c. 8, s. 50
.
51
.
Where the National Assembly is not in session by reason of a scheduled adjournment of at least 20 days and an unforeseen expenditure for which provision has not been made by Parliament is urgently and immediately required for the public good, the Government may, upon the report of the chair of the Conseil du trésor and of the Minister of Finance that there is no legislative provision under which payment of the unforeseen expenditure may be authorized and the report of the minister responsible that the payment is urgently required in the public interest, order a special warrant to be prepared authorizing payment of the amount it considers necessary; the warrant shall be signed by the Lieutenant-Governor and the amount shall be placed by the Minister of Finance in an account established for that purpose.
2000, c. 8, s. 51
.
52
.
A special warrant issued under section 51 shall be an appropriation for the fiscal year in which it is issued.
2000, c. 8, s. 52
.
53
.
The Conseil du trésor may order the suspension, for such period as it fixes, of the right to commit any appropriation or part thereof.
2000, c. 8, s. 53
.
54
.
Where the personnel or a position of an administrative unit or any part thereof is transferred from one department or body to another department or body, the appropriations voted for the personnel or position shall also be transferred to the department or body provided, in the case of a body, that it is a budget-funded body.
2000, c. 8, s. 54
.
55
.
Where a department or a body provides a service to another department or to another body, the appropriations for payment of the service may be transferred from the department or body that receives the service to the department or body that provides it, in the cases and according to the conditions determined by the Conseil du trésor.
2000, c. 8, s. 55
.
56
.
Any balance of an appropriation granted for a fiscal year that remains unexpended once the expenditures for that fiscal year have been charged to it shall lapse, except to such extent as may be provided by law.
2000, c. 8, s. 56
.
57
.
The Government may, by regulation, determine the cases in which the awarding of grants or other forms of financial assistance requires the authorization of the Government or the Conseil du trésor. The Government or the Conseil du trésor, as the case may be, may attach conditions to its authorization.
Where a grant or other form of financial assistance requires authorization, the recipient must report on the use of the grant or assistance unless exempted from doing so in the authorization. The report must contain the elements that may be prescribed by the minister or body providing the grant or assistance; the Conseil du trésor may also prescribe the elements that are to be included in the report. Where a grant or other form of financial assistance does not require authorization, the minister or body providing the grant or assistance may require that the recipient file a report as specified.
The Government may determine the cases in which the capital program of a department or body that has an impact on government expenditure is subject to the approval of the Conseil du trésor.
2000, c. 8, s. 57
.
CHAPTER
V
Repealed, 2006, c. 29, s. 28.
2006, c. 29, s. 28
.
58
.
(Repealed).
2000, c. 8, s. 58
;
2006, c. 29, s. 28
.
59
.
(Repealed).
2000, c. 8, s. 59
;
2006, c. 29, s. 28
.
60
.
(Repealed).
2000, c. 8, s. 60
;
2006, c. 29, s. 28
.
61
.
(Repealed).
2000, c. 8, s. 61
;
2006, c. 29, s. 28
.
62
.
(Repealed).
2000, c. 8, s. 62
;
2006, c. 29, s. 28
.
63
.
(Repealed).
2000, c. 8, s. 63
;
2006, c. 29, s. 28
.
CHAPTER
VI
(Repealed, 2011, c. 19, s. 24).
2011, c. 19, s. 24
.
64
.
(Repealed).
2000, c. 8, s. 64
;
2004, c. 30, s. 51
;
2011, c. 19, s. 24
.
65
.
(Repealed).
2000, c. 8, s. 65
;
2011, c. 19, s. 24
.
66
.
(Repealed).
2000, c. 8, s. 66
;
2011, c. 19, s. 24
.
66.1
.
(Repealed)
.
2004, c. 30, s. 52
;
2005, c. 11, s. 20
.
66.2
.
(Repealed)
.
2004, c. 30, s. 52
;
2005, c. 11, s. 20
.
66.3
.
(Repealed)
.
2004, c. 30, s. 52
;
2005, c. 11, s. 20
.
CHAPTER
VII
CONSEIL DU TRÉSOR
DIVISION
I
CONTINUANCE OF THE CONSEIL DU TRÉSOR
67
.
The Conseil du trésor shall be continued under this Act.
2000, c. 8, s. 67
.
68
.
The Conseil du trésor shall be composed of a chair and of four other ministers designated by the Government.
The Government may designate, from among the members of the Conseil du trésor, a vice-chair to preside at sittings if the chair is absent or unable to act, and designate ministers to act as substitutes for the other members.
2000, c. 8, s. 68
.
69
.
Three members of the Conseil du trésor constitute a quorum.
2000, c. 8, s. 69
.
DIVISION
II
FUNCTIONS
70
.
The Conseil du trésor shall exercise the functions and powers conferred upon it by this Act or another Act or by the Government.
In the exercise of its functions, the Conseil du trésor shall endeavour to adapt the management framework to the situation of each department and body while taking the necessary actions to ensure compliance with the Government’s budget policy.
2000, c. 8, s. 70
.
71
.
The Conseil du trésor shall advise the Government on the utilization of resources. It shall also advise the Government on the impacts which the strategic plans of the departments and bodies will have on resource allocation and management and, upon the Government’s request, on any other project of a department or body.
2000, c. 8, s. 71
.
72
.
The Conseil du trésor may determine guidelines concerning the principles or practices to be preferred with regard to the management of human, financial or physical resources.
Such guidelines shall serve as management references for the departments and the bodies concerned.
In addition, guidelines may be determined to assist a department or a body in achieving specific objectives.
2000, c. 8, s. 72
;
2011, c. 19, s. 25
.
73
.
The Conseil du trésor shall adopt the accounting policies to be followed by departments and budget-funded bodies, the rules respecting payments made out of the Consolidated Revenue Fund and the rules respecting the collection and administration of State revenue. The Conseil du trésor may also determine the accounting policies applicable to other bodies of the Administration it designates.
The Conseil du trésor may also adopt accounting policies for any body designated under section 89 of the Financial Administration Act (
chapter A-6.001
). The minister responsible for the body shall see to the application of the accounting policies.
2000, c. 8, s. 73
;
2009, c. 38, s. 15
.
73.1
.
The Conseil du trésor may, on the conditions it determines, require one or more departments or bodies of the Administration to have recourse to a department or a body of the Administration that it designates to exercise specific functions or engage in specific activities related to the delivery of services to citizens or businesses.
The decision may provide for the remuneration of that designated department or body by the department or body concerned. The decision may also provide for the transfer to the designated department or body of any document or property in the possession of the department or body that is required for the carrying out of the decision.
Such a decision requires the approval of the Government.
This section does not apply to administrative bodies exercising adjudicative functions.
2013, c. 4, s. 8
.
73.2
.
When exercising functions or engaging in activities assigned by a decision under section 73.1, the Minister or the chief executive officer of the body is vested with all the necessary powers.
When such a function or activity is exercised or engaged in by a public officer, the officer becomes a member of the personnel of the department or body if the decision so provides. Otherwise, the Minister or chief executive officer designates persons to exercise the function or engage in the activity, and publishes the designations in the
Gazette officielle du Québec
.
2013, c. 4, s. 8
.
74
.
In addition to exercising the powers conferred upon it by this Act, the Conseil du trésor may, where it considers a matter to be of governmental import, prepare a directive on the management of human, financial or physical resources in the departments or bodies of the Administration concerned.
Such a directive requires the approval of the Government and is applicable from the date fixed therein. Once approved, the directive is binding on the departments and bodies concerned.
2000, c. 8, s. 74
;
2011, c. 19, s. 26
.
74.1
.
The Conseil du trésor may approve the expenditure reduction method proposed by the Chair of the Conseil du trésor, together with the Minister of Finance, under section 77.3.
On being approved, the method is binding on any person responsible for a special fund or any body concerned.
2016, c. 7
2016, c. 7
,
s.
2
1
.
74.2
.
A body to which section 74.1 applies shall report on the application of the expenditure reduction method in its annual report whenever it is bound by the method.
2016, c. 7
2016, c. 7
,
s.
2
1
.
74.3
.
The expenditure reduction method applicable to a body may provide that any act of the body is, despite any other provision, subject to the authorization or prior approval of the Conseil du trésor, its Chair or a minister designated by the Conseil du trésor.
The Conseil du trésor may, to the extent it determines, authorize the subdelegation of the power of authorization or approval.
2016, c. 7
2016, c. 7
,
s.
2
1
.
75
.
The Conseil du trésor may, where warranted by the circumstances, establish control mechanisms to verify compliance with this Act and the achievement of its objectives.
In particular, the Conseil du trésor may require a department or body of the Administration to establish an evaluation program, an internal audit program or a comparative cost study.
2000, c. 8, s. 75
.
DIVISION
III
CHAIR
76
.
The chair shall preside at sittings of the Conseil du trésor. The chair shall see that the decisions of the Conseil du trésor are implemented.
The chair shall exercise the functions and powers conferred on the chair by this Act or another Act and assume any other responsibility entrusted by the Government.
2000, c. 8, s. 76
.
77
.
More specifically, the chair of the Conseil du trésor shall
(
1
)
perform the analyses required for the preparation of the estimates and ensure, together with the Minister of Finance, that the estimates are consistent with the Government’s budget policy;
(
2
)
monitor the expenditure budget and report to the Conseil du trésor;
(
3
)
collect information from departments on the budgets of bodies of the Administration other than budget-funded bodies and bodies determined by the chair, and monitor their budgetary results as compared to their estimated results, where the information is required to determine the consolidated expenditure of the Government;
(
3.1
)
table, when the estimates are tabled, the estimated results mentioned below for each body other than a budget-funded body listed in Schedule 2 to the Financial Administration Act (
chapter A-6.001
):
(
a
)
its revenues;
(
b
)
the amounts borrowed by or advanced to it;
(
c
)
its expenditures;
(
d
)
its investments; and
(
e
)
its cumulative surplus or deficit;
(
4
)
assist departments and bodies in developing indicators or other management tools to facilitate results-based management;
(
5
)
coordinate and monitor negotiations relating to the determination of the conditions of employment in the public and parapublic sectors, and ensure that the financial commitments resulting from the renewal of collective agreements do not exceed the level fixed jointly with the Minister of Finance;
(
6
)
ensure that capital expenditures are consistent with the policies and guidelines determined jointly with the Minister of Finance;
(
7
)
(paragraph repealed);
(
8
)
(paragraph repealed);
(
9
)
(paragraph repealed);
(
10
)
coordinate the implementation of agreements on the liberalization of public procurement entered into by Québec, or agreements to which Québec has, in accordance with the Act respecting the Ministère des Relations internationales (
chapter M-25.1.1
), declared itself bound;
(
11
)
at their request, assist departments and bodies in establishing their strategic plans;
(
12
)
support departments and bodies in the implementation of government guidelines with regard to human, financial and physical resources.
2000, c. 8, s. 77
;
2005, c. 11, s. 21
;
2006, c. 29, s. 29
;
2013, c. 16, s. 61
;
2013, c. 23, s. 100
.
77.1
.
The Chair of the Conseil du trésor shall also
(
1
)
develop a variety of means to give individuals and enterprises, as well as departments and bodies of the Administration, simplified access to quality services throughout Québec;
(
2
)
encourage optimal use of information and communications technologies in the delivery of public services while taking into consideration the choice of individuals regarding the mode of service delivery, and support methods that foster an efficient and economical delivery of services;
(
3
)
encourage in particular the development of leading-edge expertise giving departments and bodies of the Administration access to shared services that they would not reasonably be able to develop on their own;
(
4
)
prepare and propose to the Government policies and guidelines designed, on the one hand, to improve service delivery so that individuals and enterprises can access services more easily, and, on the other, to make shared services available to the departments and bodies of the Administration, thus contributing to service improvement;
(
5
)
(paragraph repealed);
(
6
)
ensure the development, implementation and deployment of the e-government initiative and the promotion and implementation of any measure furthering the adaptation of public services to e-government;
(
7
)
coordinate the efforts of departments and bodies of the Administration to achieve an integrated approach to the delivery of services to individuals and enterprises and a shared understanding of service quality standards;
(
8
)
ensure the implementation of shared services for departments and bodies of the Administration where such an initiative answers a need for efficiency and profitability in the management of their human, financial and physical resources;
(
9
)
propose standards to the Government for the Government’s signature and visual identification to be complied with by the departments and bodies designated by the Government; and
(
10
)
ensure that the immovables and other property the departments and bodies of the Administration require to deliver their services are made available to them.
2011, c. 16, s. 2
;
2011, c. 19, s. 27
.
77.2
.
(Repealed).
2011, c. 16, s. 2
;
2013, c. 4, s. 9
.
77.3
.
The Chair of the Conseil du trésor shall, together with the Minister of Finance, develop and propose to the Conseil du trésor a method for reducing expenditures, including operating and compensation expenditures, of special funds within the meaning of section 5.1 of the Financial Administration Act (
chapter A-6.001
) and of bodies whose results are included in the budget balance defined in section 2 of the Balanced Budget Act (
chapter E-12.00001
). However, for any such bodies conducting trust transactions, the method applies, with regard to those transactions, only to operating and compensation expenditures.
In addition, the method may be developed in accordance with the first paragraph to apply to the operating and compensation expenditures of the Commission de la construction du Québec, the Commission des normes, de l’équité, de la santé et de la sécurité du travail and Retraite Québec.
When developing an expenditure reduction method, the Chair of the Conseil du trésor and the Minister shall take into account, if applicable, how probable it is that a state-owned enterprise to which the first paragraph of section 4.1 of the Act respecting the Ministère des Finances (
chapter M-24.01
) applies will achieve the net result target.
The first paragraph does not apply to departments and budget-funded bodies, Hydro-Québec, the Société des loteries du Québec, the Société des alcools du Québec, Investissement Québec, institutions in the health and social services network and institutions in the education network, including Université du Québec and its constituent universities.
2016, c. 7
2016, c. 7
,
s.
3
1
.
78
.
Departments and bodies of the Administration must provide, at the request of the chair of the Conseil du trésor, any information relevant to the exercise of the functions of the chair or of the Conseil du trésor.
The chair of the Conseil du trésor may also require, for the same purposes, the preparation of documents.
This section applies to every other public body where the information is required for the preparation of estimates and the monitoring of the expenditure budget.
2000, c. 8, s. 78
.
79
.
The chair of the Conseil du trésor may, as provided by law, enter into an agreement with a government other than the Government of Québec, a department of such a government, an international organization, or a body of such a government or organization.
2000, c. 8, s. 79
.
80
.
The chair of the Conseil du trésor may also enter into an agreement with any person, association, partnership or body concerning any matter coming under the chair’s authority.
2000, c. 8, s. 80
.
DIVISION
IV
SECRETARIAT OF THE CONSEIL DU TRÉSOR
81
.
The secretariat of the Conseil du trésor is under the direction of the chair.
2000, c. 8, s. 81
.
82
.
The secretariat shall provide support for the activities of the Conseil du trésor and assist the chair in the exercise of the functions of the chair.
The secretariat of the Conseil du trésor is, for the purposes of the law, considered to be a department.
2000, c. 8, s. 82
.
83
.
The Government shall appoint a person as secretary of the Conseil du trésor in accordance with the Public Service Act (
chapter F‐3.1.1
).
The secretary shall exercise as regards the personnel of the secretariat such powers as the Public Service Act confers upon a deputy minister.
2000, c. 8, s. 83
.
84
.
Under the direction of the chair of the Conseil du trésor, the secretary shall administer the secretariat.
The secretary shall, in addition, exercise any other function assigned to the secretary by the Government, the Conseil du trésor or the chair.
2000, c. 8, s. 84
.
85
.
The secretary has, in the exercise of the functions of secretary, the authority of the chair except with regard to the sittings of the Conseil du trésor.
2000, c. 8, s. 85
.
86
.
The secretary may delegate, in writing and to the extent indicated, the exercise of the functions of secretary to a public servant or to the holder of a position.
The secretary may, in the instrument of delegation, authorize the subdelegation of the functions indicated, and, in such a case, the secretary shall identify the public servant or holder of a position to whom they may be subdelegated.
2000, c. 8, s. 86
.
87
.
The personnel of the secretariat is made up of the public servants necessary for the exercise of the functions of the Conseil du trésor or the chair; the public servants are appointed in accordance with the Public Service Act (
chapter F‐3.1.1
).
The chair of the Conseil du trésor shall determine the duties of the public servants insofar as they are not determined by law or by the Government.
2000, c. 8, s. 87
.
88
.
The signature of the chair, the secretary or the clerk gives authority to any document emanating from the Conseil du trésor or from the secretariat.
An act, document or writing is binding on or may be attributed to the chair of the Conseil du trésor only if it is signed by the chair, the secretary, the clerk, a member of the personnel of the secretariat or the holder of a position, and in the latter two cases, only to the extent determined by the Government.
2000, c. 8, s. 88
.
89
.
The Government may, on the conditions it fixes, allow a signature to be affixed by means of an automatic device or electronic process.
The Government may also allow a facsimile of the signature to be engraved, lithographed or printed. The facsimile must be authenticated by the countersignature of a person authorized by the chair of the Conseil du trésor.
2000, c. 8, s. 89
.
90
.
A document or copy of a document forming part of the records of the Conseil du trésor or the secretariat is authentic if it is signed or certified by a person referred to in the second paragraph of section 88.
2000, c. 8, s. 90
.
91
.
An intelligible transcription of a decision or other data stored by the secretariat on a computer or on any other data storage medium is a document of the secretariat and is proof of its contents where certified by a person referred to in the second paragraph of section 88.
2000, c. 8, s. 91
.
CHAPTER
VII.1
AUDIT
2014, c. 17, s. 29
.
91.1
.
The Chair of the Conseil du trésor may conduct an audit to verify a department’s or body’s compliance with this Act. The Chair may designate a person in writing to conduct the audit.
2014, c. 17, s. 29
.
91.2
.
A department or body being audited must, at the request of the Chair of the Conseil du trésor or the person designated to conduct the audit, send or otherwise make available all documents and information the Chair of the Conseil du trésor or, as applicable, the designated person considers necessary to conduct the audit.
2014, c. 17, s. 29
.
91.3
.
The Conseil du trésor may require the department or body to take corrective and appropriate follow-up measures and to comply with any other measure determined by the Conseil du trésor, including oversight or monitoring measures.
2014, c. 17, s. 29
.
CHAPTER
VIII
AMENDING PROVISIONS
FINANCIAL ADMINISTRATION ACT
92
.
(Inoperative, 2000, c. 15, s. 166).
2000, c. 8, s. 92
.
93
.
(Omitted).
2000, c. 8, s. 93
.
94
.
(Amendment integrated into c. A-6, heading of Division V).
2000, c. 8, s. 94
.
95
.
(Inoperative, 2000, c. 15, s. 166).
2000, c. 8, s. 95
.
96
.
(Inoperative, 2000, c. 15, s. 166).
2000, c. 8, s. 96
.
97
.
(Inoperative, 2000, c. 15, s. 166).
2000, c. 8, s. 97
.
98
.
(Inoperative, 2000, c. 15, s. 166).
2000, c. 8, s. 98
.
ACT RESPECTING THE AGENCE MÉTROPOLITAINE DE TRANSPORT
99
.
(Amendment integrated into c. A-7.02, s. 13).
2000, c. 8, s. 99
.
ACT RESPECTING ASSISTANCE FOR VICTIMS OF CRIME
100
.
(Amendment integrated into c. A-13.2, s. 19).
2000, c. 8, s. 100
.
LEGAL AID ACT
101
.
(Amendment integrated into c. A-14, s. 80).
2000, c. 8, s. 101
.
102
.
(Amendment integrated into c. A-14, s. 80.1).
2000, c. 8, s. 102
.
ACT RESPECTING THE NATIONAL ASSEMBLY
103
.
(Amendment integrated into c. A-23.1, s. 110.2).
2000, c. 8, s. 103
.
BUILDING ACT
2000, c. 8, s. 104
.
104
.
(Amendment integrated into c. B-1.1, s. 65.4).
2000, c. 8, s. 104
.
ACT RESPECTING THE BIBLIOTHÈQUE NATIONALE DU QUÉBEC
105
.
(Omitted).
2000, c. 8, s. 105
.
ACT RESPECTING THE CAISSE DE DÉPÔT ET PLACEMENT DU QUÉBEC
106
.
(Amendment integrated into c. C-2, s. 13).
2000, c. 8, s. 106
.
107
.
(Amendment integrated into c. C-2, s. 15).
2000, c. 8, s. 107
.
CHARTER OF HUMAN RIGHTS AND FREEDOMS
108
.
(Amendment integrated into c. C-12, s. 62).
2000, c. 8, s. 108
.
CODE OF PENAL PROCEDURE
2000, c. 8, s. 109
.
109
.
(Amendment integrated into c. C-25.1, a. 340).
2000, c. 8, s. 109
.
LABOUR CODE
110
.
(Amendment integrated into c. C-27, s. 111.0.13).
2000, c. 8, s. 110
.
GENERAL AND VOCATIONAL COLLEGES ACT
111
.
(Amendment integrated into c. C-29, s. 18.1).
2000, c. 8, s. 111
.
ACT RESPECTING THE COMMISSION DE DÉVELOPPEMENT DE LA MÉTROPOLE
112
.
(Inoperative, 2000, c. 56, s. 226).
2000, c. 8, s. 112
.
ACT RESPECTING THE NATIONAL CAPITAL COMMISSION
113
.
(Amendment integrated into c. C-33.1, s. 13).
2000, c. 8, s. 113
.
ACT RESPECTING THE CONSEIL DES ARTS ET DES LETTRES DU QUÉBEC
114
.
(Amendment integrated into c. C-57.02, s. 13).
2000, c. 8, s. 114
.
ACT RESPECTING THE CONSERVATION AND DEVELOPMENT OF WILDLIFE
115
.
(Amendment integrated into c. C-61.1, s. 141).
2000, c. 8, s. 115
.
ACT RESPECTING THE CONSERVATOIRE DE MUSIQUE ET D’ART DRAMATIQUE DU QUÉBEC
116
.
(Amendment integrated into c. C-62.1, s. 28).
2000, c. 8, s. 116
.
117
.
(Amendment integrated into c. C-62.1, s. 29).
2000, c. 8, s. 117
.
118
.
(Omitted).
2000, c. 8, s. 118
.
REAL ESTATE BROKERAGE ACT
119
.
(Amendment integrated into c. C-73.1, s. 51).
2000, c. 8, s. 119
.
ACT RESPECTING THE DISTRIBUTION OF FINANCIAL PRODUCTS AND SERVICES
2000, c. 8, s. 120
.
120
.
(Amendment integrated into c. D-9.2, s. 160).
2000, c. 8, s. 120
.
ELECTION ACT
2000, c. 8, s. 121
.
121
.
(Amendment integrated into c. E-3.3, ss. 488.1-488.2).
2000, c. 8, s. 121
.
122
.
(Amendment integrated into c. E-3.3, s. 540.1).
2000, c. 8, s. 122
.
PUBLIC OFFICERS ACT
2000, c. 8, s. 123
.
123
.
(Omitted).
2000, c. 8, s. 123
.
PAY EQUITY ACT
124
.
(Amendment integrated into c. E-12.001, s. 3).
2000, c. 8, s. 124
.
PUBLIC SERVICE ACT
2000, c. 8, s. 125
.
125
.
(Amendment integrated into c. F-3.1.1, s. 3).
2000, c. 8, s. 125
.
126
.
(Amendment integrated into c. F-3.1.1, s. 35).
2000, c. 8, s. 126
.
127
.
(Amendment integrated into c. F-3.1.1, s. 36).
2000, c. 8, s. 127
.
128
.
(Amendment integrated into c. F-3.1.1, s. 39).
2000, c. 8, s. 128
.
129
.
(Amendment integrated into c. F-3.1.1, s. 42).
2000, c. 8, s. 129
.
130
.
(Amendment integrated into c. F-3.1.1, s. 44).
2000, c. 8, s. 130
.
131
.
(Amendment integrated into c. F-3.1.1, s. 47).
2000, c. 8, s. 131
.
132
.
(Amendment integrated into c. F-3.1.1, s. 48).
2000, c. 8, s. 132
.
133
.
(Amendment integrated into c. F-3.1.1, s. 49.1).
2000, c. 8, s. 133
.
134
.
(Amendment integrated into c. F-3.1.1, s. 50).
2000, c. 8, s. 134
.
135
.
(Amendment integrated into c. F-3.1.1, s. 50.1).
2000, c. 8, s. 135
.
136
.
(Amendment integrated into c. F-3.1.1, s. 53.0.1).
2000, c. 8, s. 136
.
137
.
(Amendment integrated into c. F-3.1.1, s. 54).
2000, c. 8, s. 137
.
138
.
(Amendment integrated into c. F-3.1.1, s. 63).
2000, c. 8, s. 138
.
139
.
(Amendment integrated into c. F-3.1.1, s. 70).
2000, c. 8, s. 139
.
140
.
(Omitted).
2000, c. 8, s. 140
.
141
.
(Amendment integrated into c. F-3.1.1, s. 102).
2000, c. 8, s. 141
.
142
.
(Amendment integrated into c. F-3.1.1, s. 115).
2000, c. 8, s. 142
.
143
.
(Amendment integrated into c. F-3.1.1, s. 121).
2000, c. 8, s. 143
.
144
.
(Amendment integrated into c. F-3.1.1, s. 122).
2000, c. 8, s. 144
.
145
.
(Amendment integrated into c. F-3.1.1, s. 123.1).
2000, c. 8, s. 145
.
146
.
(Amendment integrated into c. F-3.1.1, s. 127).
2000, c. 8, s. 146
.
ACT TO ESTABLISH A FUND TO COMBAT POVERTY THROUGH REINTEGRATION INTO THE LABOUR MARKET
147
.
(Amendment integrated into c. F-3.2.0.3, s. 8).
2000, c. 8, s. 147
.
ACT TO ESTABLISH THE SPECIAL LOCAL ACTIVITIES FINANCING FUND
148
.
(Amendment integrated into c. F-4.01, s. 16).
2000, c. 8, s. 148
.
FOREST ACT
149
.
(Amendment integrated into c. F-4.1, s. 170.9).
2000, c. 8, s. 149
.
ACT RESPECTING THE BIBLIOTHÈQUE NATIONALE DU QUÉBEC
150
.
(Amendment integrated into c. G-3, s. 11).
2000, c. 8, s. 150
.
ACT RESPECTING HÉMA-QUÉBEC AND THE HAEMOVIGILANCE COMMITTEE
151
.
(Amendment integrated into c. H-1.1, s. 19).
2000, c. 8, s. 151
.
TAXATION ACT
152
.
(Amendment integrated into c. I-3, s. 1).
2000, c. 8, s. 152
.
ACT RESPECTING THE ACCOUNTABILITY OF DEPUTY MINISTERS AND CHIEF EXECUTIVE OFFICERS OF PUBLIC BODIES
153
.
(Omitted).
2000, c. 8, s. 153
.
ACT RESPECTING INSTITUT NATIONAL DE SANTÉ PUBLIQUE DU QUÉBEC
154
.
(Amendment integrated into c. I-13.1.1, s. 19).
2000, c. 8, s. 154
.
EDUCATION ACT
155
.
(Amendment integrated into c. I-13.3, s. 451).
2000, c. 8, s. 155
.
ACT RESPECTING INVESTISSEMENT QUÉBEC AND LA FINANCIÈRE DU QUÉBEC
2001, c. 69, s. 12
.
156
.
(Amendment integrated into c. I-16.1, s. 23).
2000, c. 8, s. 156
.
STATIONARY ENGINEMEN ACT
157
.
(Amendment integrated into c. M-6, s. 3).
2000, c. 8, s. 157
.
ACT RESPECTING THE MINISTÈRE DE L’AGRICULTURE, DES PÊCHERIES ET DE L’ALIMENTATION
158
.
(Amendment integrated into c. M-14, s. 21.10).
2000, c. 8, s. 158
.
ACT RESPECTING THE MINISTÈRE DE L’ÉDUCATION
159
.
(Amendment integrated into c. M-15, s. 13.8).
2000, c. 8, s. 159
.
ACT RESPECTING THE MINISTÈRE DE L’EMPLOI ET DE LA SOLIDARITÉ AND ESTABLISHING THE COMMISSION DES PARTENAIRES DU MARCHÉ DU TRAVAIL
160
.
(Amendment integrated into c. M-15.001, s. 66).
2000, c. 8, s. 160
.
ACT RESPECTING THE MINISTÈRE DE L’INDUSTRIE ET DU COMMERCE
161
.
(Amendment integrated into c. M-17, s. 17.10).
2000, c. 8, s. 161
.
ACT RESPECTING THE MINISTÈRE DE LA JUSTICE
162
.
(Amendment integrated into c. M-19, s. 11.1).
2000, c. 8, s. 162
.
163
.
(Amendment integrated into c. M-19, s. 32.9).
2000, c. 8, s. 163
.
ACT RESPECTING THE MINISTÈRE DE LA SÉCURITÉ PUBLIQUE
164
.
(Amendment integrated into c. M-19.3, s. 14.9).
2000, c. 8, s. 164
.
ACT RESPECTING THE MINISTÈRE DES RÉGIONS
165
.
(Amendment integrated into c. M-25.001, s. 32).
2000, c. 8, s. 165
.
ACT RESPECTING THE MINISTÈRE DES RELATIONS AVEC LES CITOYENS ET DE L’IMMIGRATION
166
.
(Amendment integrated into c. M-25.01, s. 25).
2000, c. 8, s. 166
.
ACT RESPECTING THE MINISTÈRE DES RELATIONS INTERNATIONALES
167
.
(Amendment integrated into c. M-25.1.1, s. 35.8).
2000, c. 8, s. 167
.
ACT RESPECTING THE MINISTÈRE DES RESSOURCES NATURELLES
168
.
(Amendment integrated into c. M-25.2, s. 17.8).
2000, c. 8, s. 168
.
ACT RESPECTING THE MINISTÈRE DES TRANSPORTS
169
.
(Amendment integrated into c. M-28, s. 12.27).
2000, c. 8, s. 169
.
170
.
(Amendment integrated into c. M-28, s. 12.37).
2000, c. 8, s. 170
.
ACT RESPECTING THE MINISTÈRE DU CONSEIL EXÉCUTIF
171
.
(Amendment integrated into c. M-30, s. 3.38).
2000, c. 8, s. 171
.
ACT RESPECTING THE MINISTÈRE DU REVENU
172
.
(Amendment integrated into c. M-31, s. 71.0.11).
2000, c. 8, s. 172
.
173
.
(Amendment integrated into c. M-31, s. 97.9).
2000, c. 8, s. 173
.
NATIONAL MUSEUMS ACT
2000, c. 8, s. 174
.
174
.
(Amendment integrated into c. M-44, s. 19).
2000, c. 8, s. 174
.
175
.
(Amendment integrated into c. M-44, s. 27).
2000, c. 8, s. 175
.
176
.
(Amendment integrated into c. M-44, s. 32).
2000, c. 8, s. 176
.
ACT RESPECTING POLICE ORGANIZATION
177
.
(Inoperative, 2000, c. 12, s. 353).
2000, c. 8, s. 177
.
ACT TO FACILITATE THE PAYMENT OF SUPPORT
178
.
(Amendment integrated into c. P-2.2, s. 44).
2000, c. 8, s. 178
.
PUBLIC PROTECTOR ACT
179
.
(Amendment integrated into c. P-32, s. 15).
2000, c. 8, s. 179
.
180
.
(Amendment integrated into c. P-32, ss. 35.1-35.2).
2000, c. 8, s. 180
.
ACT TO PROMOTE THE REFORM OF THE CADASTRE IN QUÉBEC
181
.
(Amendment integrated into c. R-3.1, s. 2.1).
2000, c. 8, s. 181
.
ACT RESPECTING THE RÉGIE DE L’ASSURANCE MALADIE DU QUÉBEC
182
.
(Amendment integrated into c. R-5, s. 39).
2000, c. 8, s. 182
.
ACT RESPECTING THE RÉGIE DE L’ÉNERGIE
183
.
(Amendment integrated into c. R-6.01, s. 13).
2000, c. 8, s. 183
.
ACT RESPECTING LABOUR RELATIONS, VOCATIONAL TRAINING AND MANPOWER MANAGEMENT IN THE CONSTRUCTION INDUSTRY
184
.
(Amendment integrated into c. R-20, s. 4.1).
2000, c. 8, s. 184
.
185
.
(Amendment integrated into c. R-20, s. 5).
2000, c. 8, s. 185
.
ACT RESPECTING THE SALARIES OF OFFICERS OF JUSTICE
186
.
(Amendment integrated into c. S-2, s. 2).
2000, c. 8, s. 186
.
ACT RESPECTING INCOME SECURITY FOR CREE HUNTERS AND TRAPPERS WHO ARE BENEFICIARIES UNDER THE AGREEMENT CONCERNING JAMES BAY AND NORTHERN QUÉBEC
187
.
(Amendment integrated into c. S-3.2, s. 26).
2000, c. 8, s. 187
.
ACT RESPECTING CORRECTIONAL SERVICES
188
.
(Amendment integrated into c. S-4.01, s. 19.7).
2000, c. 8, s. 188
.
ACT RESPECTING HEALTH SERVICES AND SOCIAL SERVICES
189
.
(Amendment integrated into c. S-4.2, s. 487.2).
2000, c. 8, s. 189
.
ACT RESPECTING HEALTH SERVICES AND SOCIAL SERVICES FOR CREE NATIVE PERSONS
190
.
(Amendment integrated into c. S-5, s. 149.15).
2000, c. 8, s. 190
.
ACT RESPECTING GOVERNMENT SERVICES TO DEPARTMENTS AND PUBLIC BODIES
191
.
(Amendment integrated into c. S-6.1, s. 19).
2000, c. 8, s. 191
.
ACT RESPECTING THE SOCIÉTÉ D’HABITATION DU QUÉBEC
192
.
(Amendment integrated into c. S-8, s. 3.5).
2000, c. 8, s. 192
.
ACT RESPECTING THE SOCIÉTÉ DE DÉVELOPPEMENT DES ENTREPRISES CULTURELLES
193
.
(Amendment integrated into c. S-10.002, s. 13).
2000, c. 8, s. 193
.
ACT RESPECTING THE SOCIÉTÉ DE LA PLACE DES ARTS DE MONTRÉAL
194
.
(Amendment integrated into c. S-11.03, s. 16).
2000, c. 8, s. 194
.
195
.
(Amendment integrated into c. S-11.03, s. 21).
2000, c. 8, s. 195
.
ACT RESPECTING THE SOCIÉTÉ DE TÉLÉDIFFUSION DU QUÉBEC
196
.
(Amendment integrated into c. S-12.01, s. 13).
2000, c. 8, s. 196
.
ACT RESPECTING THE SOCIÉTÉ DES ALCOOLS DU QUÉBEC
197
.
(Amendment integrated into c. S-13, s. 14).
2000, c. 8, s. 197
.
ACT RESPECTING THE SOCIÉTÉ DES ÉTABLISSEMENTS DE PLEIN AIR DU QUÉBEC
198
.
(Amendment integrated into c. S-13.01, s. 14).
2000, c. 8, s. 198
.
199
.
(Amendment integrated into c. S-13.01, s. 15).
2000, c. 8, s. 199
.
ACT RESPECTING THE SOCIÉTÉ DES LOTERIES DU QUÉBEC
200
.
(Amendment integrated into c. S-13.1, s. 15).
2000, c. 8, s. 200
.
ACT RESPECTING THE SOCIÉTÉ DES TRAVERSIERS DU QUÉBEC
201
.
(Amendment integrated into c. S-14, s. 16).
2000, c. 8, s. 201
.
ACT RESPECTING THE SOCIÉTÉ DU CENTRE DES CONGRÈS DE QUÉBEC
202
.
(Amendment integrated into c. S-14.001, s. 14).
2000, c. 8, s. 202
.
ACT RESPECTING THE SOCIÉTÉ DU GRAND THÉÂTRE DE QUÉBEC
203
.
(Amendment integrated into c. S-14.01, s. 16).
2000, c. 8, s. 203
.
204
.
(Amendment integrated into c. S-14.01, s. 21).
2000, c. 8, s. 204
.
ACT RESPECTING THE SOCIÉTÉ DU PALAIS DES CONGRÈS DE MONTRÉAL
205
.
(Amendment integrated into c. S-14.1, s. 14).
2000, c. 8, s. 205
.
206
.
(Amendment integrated into c. S-14.1, s. 16).
2000, c. 8, s. 206
.
ACT RESPECTING THE SOCIÉTÉ DU PARC INDUSTRIEL ET PORTUAIRE DE BÉCANCOUR
207
.
(Amendment integrated into c. S-16.001, s. 17).
2000, c. 8, s. 207
.
ACT RESPECTING THE SOCIÉTÉ IMMOBILIÈRE DU QUÉBEC
208
.
(Amendment integrated into c. S-17.1, s. 14).
2000, c. 8, s. 208
.
209
.
(Amendment integrated into c. S-17.1, s. 15).
2000, c. 8, s. 209
.
ACT RESPECTING SOCIÉTÉ INNOVATECH DU GRAND MONTRÉAL
210
.
(Amendment integrated into c. S-17.2.0.1, s. 18).
2000, c. 8, s. 210
.
ACT RESPECTING SOCIÉTÉ INNOVATECH DU SUD DU QUÉBEC
211
.
(Amendment integrated into c. S-17.2.2, s. 18).
2000, c. 8, s. 211
.
ACT RESPECTING SOCIÉTÉ INNOVATECH QUÉBEC ET CHAUDIÈRE-APPALACHES
212
.
(Amendment integrated into c. S-17.4, s. 18).
2000, c. 8, s. 212
.
ACT RESPECTING SOCIÉTÉ INNOVATECH RÉGIONS RESSOURCES
213
.
(Amendment integrated into c. S-17.5, s. 18).
2000, c. 8, s. 213
.
ACT RESPECTING THE SOCIÉTÉ QUÉBÉCOISE D’ASSAINISSEMENT DES EAUX
214
.
(Amendment integrated into c. S-18.2.1, s. 15).
2000, c. 8, s. 214
.
215
.
(Amendment integrated into c. S-18.2.1, s. 16).
2000, c. 8, s. 215
.
ACT RESPECTING THE SOCIÉTÉ QUÉBÉCOISE D’INFORMATION JURIDIQUE
216
.
(Amendment integrated into c. S-20, s. 9).
2000, c. 8, s. 216
.
ACT RESPECTING THE SOCIÉTÉ QUÉBÉCOISE DE RÉCUPÉRATION ET DE RECYCLAGE
217
.
(Amendment integrated into c. S-22.01, s. 13).
2000, c. 8, s. 217
.
218
.
(Amendment integrated into c. S-22.01, s. 17).
2000, c. 8, s. 218
.
ACT RESPECTING INCOME SUPPORT, EMPLOYMENT ASSISTANCE AND SOCIAL SOLIDARITY
219
.
(Amendment integrated into c. S-32.001, s. 8).
2000, c. 8, s. 219
.
ACT RESPECTING THE PROFESSIONAL STATUS AND CONDITIONS OF ENGAGEMENT OF PERFORMING, RECORDING AND FILM ARTISTS
220
.
(Amendment integrated into c. S-32.1, s. 46).
2000, c. 8, s. 220
.
COURTS OF JUSTICE ACT
221
.
(Omitted).
2000, c. 8, s. 221
.
222
.
(Amendment integrated into c. T-16, s. 246.37).
2000, c. 8, s. 222
.
SECURITIES ACT
223
.
(Amendment integrated into c. V-1.1, s. 299).
2000, c. 8, s. 223
.
AUDITOR GENERAL ACT
224
.
(Amendment integrated into c. V-5.01, s. 58).
2000, c. 8, s. 224
.
225
.
(Amendment integrated into c. V-5.01, s. 61).
2000, c. 8, s. 225
.
226
.
(Amendment integrated into c. V-5.01, s. 64).
2000, c. 8, s. 226
.
227
.
(Amendment integrated into c. V-5.01, s. 67).
2000, c. 8, s. 227
.
ACT RESPECTING ASSISTANCE AND COMPENSATION FOR VICTIMS OF CRIME
228
.
(Omitted).
2000, c. 8, s. 228
.
ACT RESPECTING THE SOCIÉTÉ DE TOURISME DU QUÉBEC
229
.
(Inoperative, 2003, c. 29, s. 169).
2000, c. 8, s. 229
.
230
.
(Omitted).
2000, c. 8, s. 230
.
231
.
(Omitted).
2000, c. 8, s. 231
.
ACT RESPECTING THE MINISTÈRE DE LA RECHERCHE, DE LA SCIENCE ET DE LA TECHNOLOGIE
232
.
(Amendment integrated into c. M-19.1.2, s. 15.30).
2000, c. 8, s. 232
.
ACT RESPECTING FINANCEMENT-QUÉBEC
233
.
(Amendment integrated into c. F-2.01, s. 27).
2000, c. 8, s. 233
.
ACT RESPECTING THE BUREAU D’ACCRÉDITATION DES PÊCHEURS ET DES AIDES-PÊCHEURS DU QUÉBEC
234
.
(Amendment integrated into c. B-7.1, s. 11).
2000, c. 8, s. 234
.
ACT RESPECTING THE CORPORATION D’HÉBERGEMENT DU QUÉBEC
235
.
(Amendment integrated into c. C-68.1, s. 27).
2000, c. 8, s. 235
.
236
.
(Amendment integrated into c. C-68.1, s. 29).
2000, c. 8, s. 236
.
ACT RESPECTING THE SOCIÉTÉ DE DÉVELOPPEMENT DE LA ZONE DE COMMERCE INTERNATIONAL DE MONTRÉAL À MIRABEL
237
.
(Amendment integrated into c. S-10.0001, s. 35).
2000, c. 8, s. 237
.
ACT RESPECTING INTERNATIONAL FINANCIAL CENTRES
238
.
(Amendment integrated into c. C-8.3, s. 46).
2000, c. 8, s. 238
.
OTHER AMENDMENTS
239
.
The words “aux prévisions budgétaires déposées”, “les prévisions budgétaires déposées”, “les prévisions budgétaires soumises” and “les prévisions budgétaires” are replaced, respectively, by “au budget de dépenses déposé”, “le budget de dépenses déposé”, “le budget de dépenses soumis” and “le budget de dépenses” in the French text of the following provisions:
(
1
)
(amendment integrated into c. A-2.1, s. 6);
(
2
)
(amendment integrated into c. A-3.01, s. 2);
(
3
)
(inoperative, 2000, c. 15, s. 166);
(
4
)
(amendment integrated into c. A-21.1, Schedule);
(
5
)
(amendment integrated into c. C-2, s. 20.4);
(
6
)
(amendment integrated into c. M-30, s. 3.0.4);
(
7
)
(amendment integrated into c. N-1.1, s. 39.0.1);
(
8
)
(amendment integrated into c. V-5.01, s. 4).
2000, c. 8, s. 239
.
240
.
References to the Financial Administration Act (
chapter A‐6
) are replaced by references to the Public Administration Act (
chapter A‐6.01
) wherever they occur in the following provisions:
(
1
)
(amendment integrated into c. C-19, s. 29.9.2)
;
(
2
)
(amendment integrated into c. C-27.1, a. 14.7.2)
;
(
3
)
(amendment integrated into c. M-28, ss. 10.2, 11.5)
;
(
4
)
(inoperative, 2000, c. 7, s. 6)
;
(
5
)
(inoperative, 2000, c. 7, s. 15).
2000, c. 8, s. 240
.
241
.
The word “Government” is replaced by the words “Conseil du trésor” wherever it occurs in the following provisions:
(
1
)
(amendment integrated into c. A-28, s. 3)
;
(
2
)
(amendment integrated into c. A-29, ss. 19, 19.1)
;
(
3
)
(amendment integrated into c. S-4.2, s. 432).
2000, c. 8, s. 241
.
242
.
(Omitted).
2000, c. 8, s. 242
.
CHAPTER
IX
TRANSITIONAL AND FINAL PROVISIONS
243
.
Regulations made under sections 25, 49, 49.1, 49.3.2 and 49.6 of the Financial Administration Act (
chapter A‐6
) are deemed to be regulations made under this Act.
2000, c. 8, s. 243
.
244
.
A policy adopted under section 49.4 of the Financial Administration Act (
chapter A‐6
) is deemed to be a policy adopted under section 61 of this Act.
2000, c. 8, s. 244
.
245
.
The directory of specialities established pursuant to section 49.5.1 of the Financial Administration Act (
chapter A‐6
) is deemed to be established pursuant to section 62 of this Act.
2000, c. 8, s. 245
.
246
.
Every supplier registered under a specialty in a directory established pursuant to section 49.5.1 of the Financial Administration Act (
chapter A‐6
), on the date preceding the date of coming into force of the first regulation concerning supply, construction and service contracts made under section 58 of this Act, shall be registered, on the date of coming into force of that regulation, pursuant to section 62 of this Act if the directories established thereunder contain the specialty concerned. The supplier is deemed to have accepted all the rules and conditions set out in the documents relating to registration, as described in the second paragraph of the said section. The supplier shall remain registered under that specialty until the supplier’s registration is struck off or cancelled pursuant to this Act.
Proceedings to strike off or cancel registration that began before the date of coming into force of the first regulation concerning supply, construction and service contracts made under section 58 of this Act shall be continued pursuant to the regulations made under the Financial Administration Act.
No supplier to whom a sanction has been applied pursuant to the regulations made under the Financial Administration Act may register pursuant to section 62 of this Act under the specialty concerned by the sanction during the period during which the supplier would have been disqualified from re-registering pursuant to section 49.5.1 of the Financial Administration Act.
2000, c. 8, s. 246
.
247
.
The regulations respecting the contracts made or entered into by the chief electoral officer, the Commission de la représentation, the Public Protector and the Auditor General are deemed to have been made, respectively, pursuant to section 488.1 and section 540.1 of the Election Act (
chapter E‐3.3
), section 35.2 of the Public Protector Act (
chapter P‐32
) and section 61 of the Auditor General Act (
chapter V‐5.01
).
2000, c. 8, s. 247
.
248
.
The new time limit under section 35 of the Public Service Act (
chapter F‐3.1.1
) does not apply to a period of time that began before 1 October 2000.
2000, c. 8, s. 248
.
249
.
Matters pending before an appeals committee on 1 October 2000 shall be continued and decided by the Commission de la fonction publique in accordance with section 127 of the Public Service Act (
chapter F‐3.1.1
).
However, matters for which a hearing has commenced before that date shall be continued by the appeals committee to which they have been referred.
2000, c. 8, s. 249
.
250
.
All directives, policies and other decisions made by the Conseil du trésor or by the chairman of the Conseil du trésor under a repealed provision of the Financial Administration Act (
chapter A‐6
) or the Public Service Act (
chapter F‐3.1.1
) are deemed to be directives, policies and decisions made under this Act.
2000, c. 8, s. 250
.
251
.
In every regulation, order or other document, a reference to a provision of the Public Service Act (
chapter F‐3.1.1
) or the Financial Administration Act (
chapter A‐6
) is, where applicable, a reference to the corresponding provision of the Public Administration Act (
chapter A‐6.01
).
2000, c. 8, s. 251
.
252
.
The chair of the Conseil du trésor is responsible for the administration of this Act.
2000, c. 8, s. 252
.
253
.
The chair of the Conseil du trésor must, not later than 1 October 2005 report to the Government on the carrying out of this Act and on the advisability of amending it.
The report shall be tabled within 30 days in the National Assembly or, if the Assembly is not in session, within 30 days of resumption. The competent committee of the National Assembly shall examine the report.
2000, c. 8, s. 253
.
254
.
The first strategic plan of a department or body to which Chapter II applies must be laid before the National Assembly before 1 April 2001. The period covered by the plan may include a period prior to 30 May 2000.
2000, c. 8, s. 254
.
255
.
(Omitted).
2000, c. 8, s. 255
.
REPEAL SCHEDULES
In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (
chapter R‐3
), chapter 8 of the statutes of 2000, in force on 1 April 2001, is repealed, except sections 228 to 231, 242 and 255, effective from the coming into force of chapter A-6.01 of the Revised Statutes.
In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 24 to 27, 37, 99, 101, 102, 106 to 108, 110, 111, 113 to 119, 124, 150, 151, 154 to 156, 174, 176, 183 to 185, 187, 189, 190, 193 to 200, 202 to 218, 220, 223, 232 to 235, 237 and 241 of chapter 8 of the statutes of 2000, in force on 1 April 2002, are repealed effective from the coming into force of the updating to 1 April 2002 of chapter A-6.01 of the Revised Statutes.
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