l-7 - Act to combat poverty and social exclusion

À jour au 1^er avril 2003

Ce document a valeur officielle.

chapter L-7

Act to combat poverty and social exclusion

PREAMBLE

WHEREAS according to the principles set out by the Charter of human rights and freedoms, respect for the dignity of human beings and recognition of the rights and freedoms they possess constitute the foundation of justice and peace ;

WHEREAS poverty and social exclusion may constitute obstacles to the protection of and respect for human dignity ;

WHEREAS the effects of poverty and social exclusion impede the economic and social development of Québec society as a whole and threaten its cohesion and equilibrium ;

WHEREAS the fight against poverty and social exclusion is a national imperative within the spirit of a universal movement which seeks to enhance the social, cultural and economic development of all human beings ;

WHEREAS persons living in poverty and social exclusion are the first to act to improve their situation and that of their families, and whereas such improvement is linked to the social, cultural and economic development of the entire community ;

WHEREAS it is appropriate to affirm the desire of Québec society as a whole to act in a coordinated manner and pursue a course of action designed to combat poverty and social exclusion ;

THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS :

CHAPTER I OBJECT AND DEFINITION

1. The object of this Act is to guide the Government and Québec society as a whole towards a process of planning and implementing actions to combat poverty, prevent its causes, reduce its effects on individuals and families, counter social exclusion and strive towards a poverty-free Québec.

To that end, this Act establishes a national strategy to combat poverty and social exclusion. It also establishes an advisory committee on the prevention of poverty and social exclusion and an observatory on poverty and social exclusion which shall assume the functions assigned to them by this Act to achieve the goals set out in the national strategy.

This Act further provides for the creation of the Fonds québécois d’initiatives sociales, dedicated to combatting poverty and social exclusion.

2002, c. 61, s. 1.

The second sentence of the second paragraph of this section is not in force; Order in Council 312-2003 dated 26 February 2003, (2003) 135 G.O. 2, 1150.

The above provision will come into force on the date to be fixed by the Government (2002, c. 61, s. 70).

2. For the purposes of this Act, “poverty” means the condition of a human being who is deprived of the resources, means, choices and power necessary to acquire and maintain economic self-sufficiency or to facilitate integration and participation in society.

2002, c. 61, s. 2.

CHAPTER II NATIONAL STRATEGY TO COMBAT POVERTY AND SOCIAL EXCLUSION

3. For the purposes of this Act, a national strategy to combat poverty and social exclusion is established.

2002, c. 61, s. 3.

4. The national strategy is intended to progressively make Québec, by 2013, one of the industrialized nations having the least number of persons living in poverty, according to recognized methods for making international comparisons.

2002, c. 61, s. 4.

5. The national strategy shall consist of a set of actions implemented by the Government, its socio-economic partners, regional and local communities, community organizations and other social stakeholders to counter poverty and facilitate social inclusion. In that respect, the Government shall solicit citizen participation, particularly the participation of persons living in poverty.

The actions must address both the causes and the consequences of poverty and social exclusion to ensure that all persons concerned may obtain the support and encouragement their situation requires and may, on their own, achieve self-sufficiency, and participate actively in the life and advancement of the community.

2002, c. 61, s. 5.

6. The goals of the national strategy are

(1)  to promote respect for and protection of the dignity of persons living in poverty and combat prejudices in their regard ;

(2)  to improve the economic and social situation of persons and families living in poverty and social exclusion ;

(3)  to reduce the inequalities that may be detrimental to social cohesion ;

(4)  to encourage persons and families living in poverty to participate in community life and social development ;

(5)  to develop and reinforce the sense of solidarity throughout Québec so that society as a whole may participate in the fight against poverty and social exclusion.

2002, c. 61, s. 6.

7. In order to achieve the goals set out in the national strategy, the actions taken by Québec society as a whole and the Government, to the extent provided for by law or on the conditions determined by the Government, must be oriented along the following five axes:

(1)  preventing poverty and social exclusion, with a focus on developing the potential of individuals;

(2)  strengthening the social and economic safety net;

(3)  promoting access to employment and increasing the attractiveness of work;

(4)  promoting the involvement of society as a whole; and

(5)  ensuring consistent and coherent intervention at all levels.

Those actions must also, in their conception and implementation, take into account realities specific to women and men, in particular through gender-based analysis, as well as the greater incidences of poverty in certain regions or areas and the specific needs of certain groups in society having particular difficulties, particularly because of their age, ethnic origin or an impairment or disability.

2002, c. 61, s. 7.

The government mandate the Minister Responsible for Seniors to cooperate with the Minister of Responsible for Social Solidarity and Community Action for the development and implementation of any action related to seniors. Order in Council 785-2023 dated 10 May 2023, (2023) 155 G.O. 2 (French), 1955.

8. Preventive action must be aimed at, in particular,

(1)  recognizing the family as the basic unit of personal and social development and, while respecting the role of parents, supporting families with dependent children that are at risk of long-term poverty through early and integrated intervention aimed at giving the families access to a range of services and programs adapted to their needs and to those of their children;

(2)  promoting school success and facilitating school and social integration of young persons, particularly the disadvantaged;

(3)  improving basic education and access to continuing education to enable adults to complete and update their occupational qualifications, facilitating recognition of their experience and promoting access to information and communication technologies;

(4)  supporting volunteer and community actions that contribute to the social inclusion of persons living in poverty;

(5)  recognizing the contribution of the elderly to society and supporting those living in poverty to provide them with access to a variety of services and programs adapted to their needs; and

(6)  promoting, for persons living in poverty, access to culture, recreation and sports.

2002, c. 61, s. 8.

The government mandate the Minister Responsible for Seniors to cooperate with the Minister of Responsible for Social Solidarity and Community Action for the development and implementation of any action related to seniors. Order in Council 785-2023 dated 10 May 2023, (2023) 155 G.O. 2 (French), 1955.

9. Action to strengthen the social and economic safety net must be aimed at, in particular,

(1)  raising the level of income granted to persons and families living in poverty, having regard to their particular situation and the resources at their disposal to meet their essential needs ;

(2)  encouraging low-income workers to enter or remain on the labour market, especially through work income supplements ;

(3)  providing persons living in poverty or social exclusion with health, social and educational services that are adapted to their specific needs ;

(4)  facilitating dignified access, for persons and families living in poverty, to a food supply that is both sufficient and nutritious, at reasonable costs, and to simple and reliable information enabling those persons and families to make enlightened dietary choices ;

(5)  facilitating the availability of decent and affordable housing through housing assistance measures or the development of social housing for the socially disadvantaged, including the homeless, and strengthening community support for those persons.

2002, c. 61, s. 9.

10. Within the scope of its action to promote access to employment and increase the attractiveness of work, the Government must act in concert with its various labour market partners and community organizations, in particular

(1)  to intensify employment assistance so as to better support the communities in their efforts to create employment and, particularly in high-poverty areas in which employment assistance measures and services must be adapted to the needs of the groups identified as being more affected by poverty ;

(2)  to favour an approach centred on community-based intervention and the integration of social and economic development ;

(3)  to favour, in the workplace, the social and occupational integration of persons who have particular difficulty entering the labour market, in particular persons who have an impairment or disability ; and

(4)  to enhance the quality of jobs so that the workers receive an income adequate to provide an acceptable standard of living, in comparison with the income of Québec workers generally, enjoy better employment protection against the risks of exclusion and benefit from measures enabling them to achieve a better balance between family and work.

2002, c. 61, s. 10.

11. Action to promote the involvement of society as a whole must provide for the inclusion of stakeholders representative of the broader Québec community. For that purpose, such actions must, in particular,

(1)  favour citizen participation, particularly that of persons living in poverty and social exclusion and the organizations representing them ;

(2)  support specific local and regional initiatives for the achievement of the goals set out in the national strategy ;

(3)  recognize the social responsibility of enterprises and include the labour market partners ; and

(4)  recognize the contribution of volunteer and community action.

2002, c. 61, s. 11.

12. Within the scope of its action to ensure consistent and coherent intervention at all levels, the Government must, in particular,

(1)  ensure that the policies and measures intended to help in the fight against poverty and social exclusion are complementary and coherent ;

(2)  devise means of measuring the progress achieved and improving knowledge on poverty issues, in particular through the development of research networks, and provide for accountability and coordination mechanisms designed to ensure consistent intervention ;

(3)  support in a durable manner innovation and adaptation of programs and services on the regional and local levels, develop coordinated action and collaboration and provide for a procedure for disseminating innovative experiments carried out ;

(4)  remain abreast of and examine innovative approaches taken by other countries and participate in international forums ; and

(5)  with the representatives of the native nations, discuss ways in which the actions may be adapted to the particular needs of the native peoples.

2002, c. 61, s. 12.

CHAPTER III GOVERNMENT ACTION PLAN

13. To implement the national strategy to combat poverty and social exclusion, the Government must, before 5 May 2003 establish a government action plan setting forth a set of activities the Government plans on carrying out to achieve the goals pursued, and make it public.

2002, c. 61, s. 13.

14. The Government shall, within the scope of the action plan, set targets to be reached, in particular to improve the income of recipients under the Employment-Assistance Program established under the Act respecting income support, employment assistance and social solidarity (chapter S-32.001), and the income of persons working full-time or on a sustained basis who live in poverty according to the indicators used by the Government.

2002, c. 61, s. 14.

15. The action plan must also propose amendments to the Employment-Assistance Program, to the extent provided for by the Act respecting income support, employment assistance and social solidarity (chapter S-32.001), in particular

(1)  to eliminate the reductions of benefits resulting from the application of the provisions of that Act as regards shared housing and minimum lodging costs ;

(2)  to introduce the minimum benefit principle, a threshold below which benefits cannot be reduced by reason of the application of administrative penalties, setoff or a combination of both ;

(3)  to enable adults and families to own property and liquid assets of a value greater than the value allowed at the time the action plan is established, in order to encourage self-sufficiency or take into account transitory economic difficulties ; and

(4)  in respect of any family having a dependent child, to exclude an amount from child support income.

2002, c. 61, s. 15.

16. The conditions, terms and schedule for the implementation of the activities set forth in the action plan, and those related to the attainment of the income improvement targets, shall be determined by the Government or, where applicable, as provided for by law, having regard to the other national priorities, the collective wealth and the particular circumstances of the persons and families concerned.

2002, c. 61, s. 16.

17. The action plan must also include measures and programs designed to improve the economic and social situation of persons and families living in poverty and social exclusion, and a procedure for determining the resources that the departments and bodies concerned intend to devote to priority intervention areas identified concurrently with regional or municipal representatives.

2002, c. 61, s. 17.

18. As an incentive for collective involvement, the action plan may provide for the making of agreements between the Minister and national, regional and local partners, and for coordination mechanisms and periodical monitoring of activities carried out in connection with those agreements.

The Minister may, within the scope of an agreement and subject to the conditions the Minister determines, provide financial assistance to support specific initiatives.

2002, c. 61, s. 18.

19. The Minister is by virtue of his or her office the advisor of the Government on issues concerning the fight against poverty and social exclusion. In that capacity, the Minister shall give the other ministers any advice he or she considers advisable to improve the economic and social circumstances of persons and families living in poverty and social exclusion, and shall take part in the development of measures that could have a significant impact on such persons and such families.

It is incumbent upon the departments and bodies of the Government to communicate to the Minister any information necessary for the carrying out of such responsibilities.

2002, c. 61, s. 19.

20. Each minister shall, if the minister considers that proposals of a legislative or regulatory nature could have direct and significant impacts on the incomes of persons or families who, according to the indicators retained under this Act, are living in poverty, shall, when presenting the proposals to the Government, give an account of the impacts the minister foresees.

2002, c. 61, s. 20.

21. The Minister shall make an annual report to the Government on the activities carried out within the scope of the government action plan. The Minister may, for that purpose, request from other ministers specific reports concerning the activities carried out in their fields of jurisdiction. The Minister shall make the report public within 60 days after submitting it to the Government.

Not in force

The Minister may also propose to the Government amendments to the action plan, taking into account the advisory opinions received from the Comité consultatif de lutte contre la pauvreté et l’exclusion sociale and those of the indicators proposed by the Observatoire de la pauvreté et de l’exclusion sociale that were retained.

2002, c. 61, s. 21.

Not in force

CHAPTER V OBSERVATOIRE DE LA PAUVRETÉ ET DE L’EXCLUSION SOCIALE

Not in force

DIVISION I ESTABLISHMENT AND ORGANIZATION

Not in force

35. An observatory on poverty and social exclusion called “Observatoire de la pauvreté et de l’exclusion sociale” is established under the responsibility of the Minister.

The observatory is a place of observation, research and exchange devoted to providing dependable and objective information on matters concerning poverty and social exclusion.

2002, c. 61, s. 35.

Not in force

36. The observatory shall be managed by a managing committee composed of seven members appointed by the Government on the recommendation of the Minister, after consultation with representative bodies of the sector concerned. The Government shall designate a chair from among the members.

Two members shall be persons working with persons living in poverty or social exclusion, chosen after consultation with the Comité consultatif de lutte contre la pauvreté et l’exclusion sociale.

The other members of the managing committee of the observatory shall be persons from the government, university and research sectors whose competence and expertise in matters related to poverty or social exclusion are recognized.

2002, c. 61, s. 36.

Not in force

37. The members of the managing committee of the observatory shall be appointed for a term of not more than three years.

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

2002, c. 61, s. 37.

Not in force

38. Any vacancy occurring before the expiry of a member’s term shall be filled in the manner set out in section 36.

2002, c. 61, s. 38.

Not in force

39. The members of the managing committee of the observatory shall receive no remuneration except in such cases, on such conditions and to such extent as may be determined by the Government.

They are, however, entitled to the reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.

2002, c. 61, s. 39.

Not in force

40. The managing committee of the observatory shall, after consulting the advisory committee, determine the observatory’s strategic orientations, general objectives, policies and action plans.

Its functions also include evaluating the relevance, priority aspect and scientific quality of the observatory’s programs and research projects.

2002, c. 61, s. 40.

Not in force

41. The Minister shall entrust, after agreement, the administration of the observatory to the Institut de la statistique du Québec.

2002, c. 61, s. 41.

Not in force

DIVISION II FUNCTIONS AND POWERS

Not in force

42. The function of the observatory is to collect, integrate, compile, analyze and disseminate information, in particular of a statistical nature, on poverty and social exclusion.

The observatory shall conduct qualitative and quantitative research to improve knowledge on poverty issues and social exclusion and may for that purpose consult experts and stakeholders from the sector under study.

The observatory must facilitate the transfer of knowledge to the various stakeholders concerned with poverty or social exclusion and facilitate collaboration on such issues, in particular with university institutions, research centres and other observatories.

2002, c. 61, s. 42.

Not in force

43. The observatory shall develop and propose to the Minister a series of indicators to be used to measure poverty and social exclusion, social and economic inequalities, including income differentials, and other poverty determinants. The data related to those indicators must, if possible, be broken down by region and compared by gender.

The Minister shall make public the indicators retained.

The observatory shall monitor the indicators retained by the Minister to measure the progress achieved within the scope of the national strategy to combat poverty and social exclusion, in particular as regards the improvement of the economic and social situation of persons and families living in poverty or social exclusion.

2002, c. 61, s. 43.

Not in force

44. Within the scope of its work, the observatory must consult the advisory committee.

2002, c. 61, s. 44.

Not in force

DIVISION III ANNUAL ACTION PLAN

Not in force

45. The managing committee of the observatory shall submit its annual action plan to the Minister for approval.

2002, c. 61, s. 45.

CHAPTER VI FONDS QUÉBÉCOIS D’INITIATIVES SOCIALES

46. The Fonds québécois d’initiatives sociales, a fund dedicated to the financing of initiatives to combat poverty and social exclusion, is hereby established.

2002, c. 61, s. 46.

47. The Government shall fix the date on which the fund begins to operate and determine its assets and liabilities and the nature of the costs that may be charged to the fund.

2002, c. 61, s. 47.

48. The fund shall be made up of the following sums :

(1)  the sums paid into the fund by the Minister of Finance pursuant to sections 50 and 51 ;

(2)  the sums paid into the fund by a minister out of the appropriations granted for that purpose by Parliament ;

(3)  the contributions paid into the fund to further the attainment of the objects of the fund ;

(4)  the revenues provided for that purpose by the Government or any contribution determined by the Government, following a proposal by the Minister of Finance ; and

(5)  the interest earned on bank balances in relation to the sums referred to in paragraphs 3 and 4.

2002, c. 61, s. 48.

49. The management of the sums making up the fund shall be entrusted to the Minister of Finance. The sums shall be paid to the order of the Minister of Finance and deposited with the financial institutions the Minister designates.

The Minister shall keep the books of account of the fund and record the financial commitments chargeable to it. The Minister shall also certify that such commitments and the payments arising therefrom do not exceed and are consistent with the available balances.

2002, c. 61, s. 49.

50. The Minister of Finance may, with the authorization of the Government and subject to the conditions it determines, advance to the fund sums taken out of the consolidated revenue fund.

Conversely, the Minister of Finance may advance to the consolidated revenue fund, on a short-term basis and subject to the conditions the Minister determines, any part of the sums making up the fund that is not required for its operation.

Any advance paid to a fund shall be repayable out of that fund.

2002, c. 61, s. 50.

51. The minister responsible for the administration of this Act is the minister responsible for the administration of the fund. In that capacity, the minister may borrow from the Minister of Finance sums taken out of the financing fund of the Ministère des Finances.

2002, c. 61, s. 51.

52. The following sums shall be paid out of the fund :

(1)  the sums to be paid within the scope of agreements entered into by the Minister to support national, regional and local initiatives, the awarding standards of which have been approved by the Government, in particular, to enable an adapted implementation of those initiatives ;

(2)  the sums to be paid to permit the carrying out of projects in connection with programs complementary to regular programs established or approved by the Government within the scope of the national strategy to combat poverty and social exclusion ;

(3)  the sums required for the payment of any other expenditure related to the activities and priority interventions established or approved by the Minister to combat poverty and social exclusion ; and

(4)  the sums required for the payment of the remuneration and expenses relating to employment benefits and other conditions of employment of the persons who, in accordance with the Public Service Act (chapter F-3.1.1), are assigned to the operation of the fund.

2002, c. 61, s. 52.

53. Sections 20, 21, 26 to 28, Chapter IV and Chapter VI and sections 89 and 90 of the Financial Administration Act (chapter A-6.001) apply to the fund, with the necessary modifications.

2002, c. 61, s. 53.

54. The fiscal year of the fund ends on 31 March.

2002, c. 61, s. 54.

55. Notwithstanding any provision to the contrary, the Minister of Finance shall, in the event of a deficiency in the consolidated revenue fund, pay out of the fund dedicated to the fight against poverty and social exclusion the sums required for the execution of a judgment against the State that has become res judicata.

2002, c. 61, s. 55.

56. The minister responsible for the administration of the fund shall submit to the National Assembly, for each fiscal year, a report on the activities financed by the fund.

The competent parliamentary committee of the National Assembly shall examine the report.

2002, c. 61, s. 56.

57. The Government shall determine the date on which this chapter ceases to have effect.

On that date, any sum remaining in the fund shall be paid into the consolidated revenue fund and shall be appropriated to the financing of such complementary measures consistent with the objects of the fund as are determined by the Government, in the manner fixed by the Government.

2002, c. 61, s. 57.

CHAPTER VII REPORTS

61. The Minister shall, in coordination with the other ministers concerned and before 5 March 2005, report to the Government and make recommendations on the approach taken in government programs as regards child support income.

2002, c. 61, s. 61.

62. The reports required under sections 58, 60 and 61 shall be tabled by the Minister in the National Assembly within 60 days after they are submitted to the Government or, if the Assembly is not sitting, within 60 days of resumption.

Each report shall be examined by the competent committee of the National Assembly for an opinion and recommendations, where applicable.

2002, c. 61, s. 62.

CHAPTER VIII MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS

64. This Act shall not be construed in such manner as to extend, limit or qualify the scope of any provision of another Act.

2002, c. 61, s. 64.

66. The obligation imposed on the Minister of Employment and Social Solidarity under section 228 of the Act respecting income support, employment assistance and social solidarity (chapter S-32.001) as concerns the Individualized Integration, Training and Employment Plan and the application of the parental contribution becomes effective on 5 March 2005.

However, the report filed on that date must also pertain to the measures and programs implemented within the scope of the government action plan established pursuant to section 13 to meet the specific needs of young adults who depend on financial assistance for support.

2002, c. 61, s. 66.

67. The sums remaining in the fund to combat poverty through reintegration into the labour market, established under the Act to establish a fund to combat poverty through reintegration into the labour market (chapter F-3.2.0.3), on the date on which the activities of the Fonds québécois d’initiatives sociales commence shall, on that date, be transferred to the latter fund.

On that same date, the latter fund shall acquire the rights and assume the obligations of the fund to combat poverty through reintegration into the labour market.

2002, c. 61, s. 67.

69. The Government shall designate the minister responsible for the administration of this Act.

The designated minister shall exercise his or her functions in a manner complementary to the powers and functions conferred on the other ministers by the Government and chief executive officers, according to their respective responsibilities.

2002, c. 61, s. 69.

The Minister responsible for Social Solidarity and Community Action is responsible for the application of this Act. Order in Council 1658-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6522.

70. (Omitted).

2002, c. 61, s. 70.