c-56.2 - Act respecting the Conseil de la famille et de l’enfance

À jour au 1^er octobre 2000

Ce document a valeur officielle.

chapter C-56.2

Act respecting the Conseil de la famille et de l’enfance

1997, c. 58, s. 25.

WHEREAS the family is the first cultural and social environment in which every individual is born and whereas the welfare of society is based on the welfare of the family and of the individuals composing it;

Whereas the social contribution of the parents in assuming responsibility for the family and in caring for children merits the support and encouragement of society as a whole;

Whereas it is expedient to provide a forum for families, their representatives or groups or institutions that are concerned by matters pertaining to the family; and

Whereas it is expedient to set up an organization, on the basis of those principles, to advise the Minister on matters pertaining to child and family welfare;

THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS:

DIVISION I ESTABLISHMENT AND ORGANIZATION

1. The “Conseil de la famille et de l’enfance” is hereby established.

1988, c. 6, s. 1; 1997, c. 58, s. 27.

2. The secretariat of the Conseil shall be located at the place determined by the Government. Notice of the location and of any change of location of the secretariat shall be published in the Gazette officielle du Québec.

1988, c. 6, s. 2.

3. The Conseil shall be composed of 15 members chosen from among persons able to make a contribution to the examination and resolution of any matter relating to child and family welfare.

1988, c. 6, s. 3; 1997, c. 58, s. 28.

4. The members shall be appointed by the Government, on the recommendation of the Minister of Child and Family Welfare.

The members shall be appointed after consultation with existing associations or groups devoted to the welfare of families and children and with the institutions concerned by matters pertaining to the family.

1988, c. 6, s. 4; 1997, c. 58, s. 29.

5. A public servant designated by the Minister shall take part in the meetings of the Conseil but shall not be entitled to vote.

1988, c. 6, s. 5.

6. The Government shall appoint a chairman from among the members of the Conseil.

The members of the Conseil shall select a vice-chairman from among their own number.

1988, c. 6, s. 6.

7. The term of office of the chairman of the Conseil shall not exceed five years. The other members of the Conseil shall be appointed for three years.

At the expiry of their terms, the members shall remain in office until they are replaced or reappointed.

The terms of office of the members of the Conseil, including that of the chairman, may be renewed only once.

1988, c. 6, s. 7; 1997, c. 58, s. 30.

8. Any vacancy occurring during the term of office of a member of the Conseil shall be filled for the remainder of the term in accordance with the mode of appointment provided for in section 4.

1988, c. 6, s. 8.

9. The chairman shall direct the activities of the Conseil and coordinate its work; he shall act as liaison between the Conseil and the Minister.

The chairman shall devote at least one-half of his time to his duties.

The Government shall fix the remuneration, social benefits and other conditions of employment of the chairman.

1988, c. 6, s. 9; 1997, c. 58, s. 31.

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

1988, c. 6, s. 10; 1997, c. 58, s. 32.

11. The members of the Conseil other than the chairman shall not be remunerated except in such cases, on such conditions and to such extent as the Government may determine.

Notwithstanding the foregoing, the members shall be entitled to the reimbursement of the expenses they incur in the performance of their duties, on the conditions and to the extent determined by the Government.

1988, c. 6, s. 11.

12. The Conseil shall meet at least eight times a year.

The Conseil may hold its meetings anywhere in Québec.

A majority of the members, including the chairman, constitute a quorum of the Conseil.

1988, c. 6, s. 12; 1997, c. 58, s. 33.

13. The secretary and the other members of the staff of the Conseil shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

1988, c. 6, s. 13; 2000, c. 8, s. 242.

DIVISION II FUNCTIONS AND POWERS

14. The main function of the Conseil shall be to advise the Minister on any matter pertaining to child and family welfare.

A further function of the Conseil shall be to file an annual report on the situation and needs of families and children in Québec with the Minister.

1988, c. 6, s. 14; 1997, c. 58, s. 34.

15. In exercising its functions, the Conseil may

(1)  solicit opinions and receive and hear applications and suggestions from persons and groups concerning any matter relating to family and child welfare;

(2)  notify the Minister of any matter relating to family and child welfare which deserves the attention or action of the Government, and submit its recommendations to him;

(3)  conduct or commission such studies and research as it considers useful or necessary for the exercise of its functions;

(4)  provide information to the public on any notice or report it has forwarded to the Minister that has been made public by him.

1988, c. 6, s. 15; 1997, c. 58, s. 35.

16. The Conseil shall also advise the Minister on any matter or project relating to family and child welfare submitted to its consideration by the Minister.

1988, c. 6, s. 16; 1997, c. 58, s. 36.

17. The advice of the Conseil shall, in every case, be transmitted to the Minister and made public by him within 60 days.

1988, c. 6, s. 17.

18. The Conseil may form committees to assist it in exercising its functions relating to family and child welfare.

Such committees may be composed, in whole or in part, of persons who are not members of the Conseil.

The members of a committee shall not be remunerated except in such cases, on such conditions and to such extent as the Government may determine. They shall be entitled, however, to the reimbursement of the expenses they incur in the performance of their duties, on the conditions and to the extent determined by the Government.

1988, c. 6, s. 18; 1997, c. 58, s. 37.

19. The Conseil may provide for its internal management.

1988, c. 6, s. 19.

DIVISION III REPORT

20. The fiscal year of the Conseil ends on 31 March each year.

1988, c. 6, s. 20.

21. Not later than 31 August each year, the Conseil shall send a report of its activities for the preceding fiscal year to the Minister.

1988, c. 6, s. 21; 1997, c. 58, s. 38.

22. The Minister shall table in the National Assembly the report of the Conseil’s activities and the report on the situation and needs of families and children in Québec within 30 days of receiving them if the Assembly is in session or, if it is not sitting, within 30 days of the opening of the next session or of resumption.

1988, c. 6, s. 22; 1997, c. 58, s. 39.

DIVISION IV MISCELLANEOUS AND FINAL PROVISIONS

23. (Amendment integrated into c. C-57, title).

1988, c. 6, s. 23.

24. (Amendment integrated into c. C-57, s. 1).

1988, c. 6, s. 24.

25. (Amendment integrated into c. C-57, s. 2).

1988, c. 6, s. 25.

26. (Omitted).

1988, c. 6, s. 26.

27. The Minister of Child and Family Welfare is responsible for the administration of this Act.

1988, c. 6, s. 27; 1996, c. 21, s. 36; 1997, c. 58, s. 40.

The Minister of Families, Seniors and the Status of Women exercises the functions of the Minister of Child and Family Welfare provided for in this Act. Order in Council 742-2005 dated 17 August 2005, (2005) 137 G.O. 2 (French), 5056.

28. Not later than 1 November 2002 and every five years thereafter, the Conseil shall report to the Government on the implementation of this Act, the advisability of maintaining it in force and, as the case may be, of amending it.

The report shall be tabled in the National Assembly within the ensuing 15 days if it is in session or, if it is not sitting, it shall be deposited with the President of the National Assembly.

1988, c. 6, s. 28; 1997, c. 58, s. 41.

29. The Committee on the National Assembly shall, as soon as possible, designate a committee to examine the report respecting the implementation of this Act.

In the year following the tabling of the report in the National Assembly, the designated committee shall examine the advisability of maintaining or, as the case may be, of amending this Act, and hear representations of the persons and bodies concerned by the matter.

1988, c. 6, s. 29.

30. (Omitted).

1988, c. 6, s. 30.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 6 of the statutes of 1988, in force on 1 March 1989, is repealed, except sections 26 and 30, effective from the coming into force of chapter C-56.2 of the Revised Statutes.