m-15.001 - Act respecting the Ministère de l’Emploi et de la Solidarité sociale and the Commission des partenaires du marché du travail

À jour au 1^er janvier 2003

Ce document a valeur officielle.

chapter M-15.001

Act respecting the Ministère de l’Emploi et de la Solidarité sociale and establishing the Commission des partenaires du marché du travail

2001, c. 44, s. 28.

CHAPTER I RESPONSIBILITIES OF THE MINISTER

1. The Ministère de l’Emploi et de la Solidarité sociale shall be under the direction of the Minister of Employment and Social Solidarity appointed under the Executive Power Act (chapter E-18).

1997, c. 63, s. 1; 2001, c. 44, s. 28.

The Minister of Employment and Social Solidarity is designated under the name of Minister of Employment. Order in Council 1660-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6523.

2. The Minister shall instigate and coordinate state action in the areas of manpower, employment, income security and social benefits.

The actions taken by the Minister, after consulting with the other ministers concerned, in the areas of manpower and employment shall focus, in particular, on labour market information, placement, and all aspects of active labour market policy; such actions shall include the provision of public employment services.

1997, c. 63, s. 2.

The Minister of Employment and Social Solidarity is responsible for student placement. In that capacity, the Minister is to take any measures considered conducive to student placement with government departments and public bodies and with private enterprises. Order in Council 304-2007 dated 19 April 2007, (2007) 139 G.O. 2 (French), 1978.

3. The Minister shall draw up policies and measures in the areas under his authority and propose them to the Government, primarily in order to

(1)  facilitate the employment of available manpower;

(2)  promote the development of manpower;

(3)  improve the supply of manpower and influence the demand for manpower, in order to facilitate a balance between manpower supply and demand in the labour market;

(4)  ensure an acceptable standard of living for every person and every family.

The strategies and objectives in the area of manpower and employment shall be defined in collaboration with the Commission des partenaires du marché du travail.

The Minister shall see to the implementation of policies and measures and shall oversee and coordinate their application.

The Minister shall also be responsible for the administration of the Acts assigned to his responsibility, and shall exercise every other function assigned to him by the Government.

1997, c. 63, s. 3.

4. In designing and implementing measures in the areas under his authority to respond to the needs of the population, the Minister shall promote concerted action among, and the involvement of, the government, employers, unions, community groups, and the education and economic sectors.

The Minister shall see that action in the areas under his authority taken at the provincial, regional and local levels and in the various sectors is coordinated and harmonized.

The Minister may establish, for the territory of the census metropolitan area and for any other territory defined by the Government, a consultative committee for the consideration of issues relating to labour market policy; the Minister shall determine its membership and terms of reference.

1997, c. 63, s. 4.

5. In the exercise of his functions the Minister may, in particular,

(1)  conduct or commission the surveys and research he considers necessary for the pursuit of the activities of the department;

(2)  collect, compile, analyse and disseminate available data on manpower, employment, the labour market, income security and social benefits, and on the activities of the department and the bodies under the Minister’s authority;

(3)  enter into agreements in accordance with the law, with a government other than the Gouvernement du Québec, a department of such a government, an international organization, or a body under the authority of such a government or organization, including agreements with the Government of Canada concerning the implementation of manpower and employment measures;

(4)  enter into agreements with any person, association, partnership or body in the areas under his authority, including the Emploi-Québec management agreement referred to in section 31.

1997, c. 63, s. 5.

5.1. Financial assistance granted by the Minister to a natural person within the framework of measures relating to the areas under the Minister’s authority is, subject to a contrary provision of the Act respecting income support, employment assistance and social solidarity (chapter S-32.001), unassignable and unseizable.

2002, c. 51, s. 25.

6. An agreement entered into by the Minister may provide for the exercise of any functions assigned to the Minister by an Act assigned to his responsibility to be delegated to a body, to the extent and on the conditions stipulated in the agreement.

A member of the personnel of a body assigned to the administration of an Act under the responsibility of the Minister shall have the same obligations and powers and have access to the same information as a member of the personnel of the department with similar functions.

1997, c. 63, s. 6.

7. An agreement between the Minister and a body may provide for the transfer to the department of personnel members from that body, and the procedure governing the transfer. The agreement shall be submitted to the Government for approval.

The procedure for integrating the employees covered by the agreement may depart from the provisions of the Public Service Act (chapter F-3.1.1) except those of sections 64 to 69 of that Act. The employees become employees of the Government and public servants within the meaning of that Act as of the date of their integration.

The Conseil du trésor may, for the purposes of such an agreement, establish any rule, standard or policy relating to classification, the determination of the pay scale, permanent tenure or any other condition of employment applicable to the employees.

1997, c. 63, s. 7; 2002, c. 51, s. 26.

8. An agreement in the area of income security and social benefits may provide for the exchange of nominative information obtained under an Act administered by the Minister and information obtained under an equivalent Act administered by another Government, government department or body, for the purpose of verifying a person’s eligibility for the programs governed by those Acts or in order to prevent, detect or punish a contravention of such an Act.

The agreement shall be submitted for an opinion to the Commission d’accès à l’information in the manner specified in section 70 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1).

1997, c. 63, s. 8.

9. An agreement with the Government of Canada may provide for the exchange of nominative information, by means including file matching, in order to facilitate the application of an agreement on the implementation of manpower and employment measures entered into with that government.

The exchange of such information shall be governed by the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1).

1997, c. 63, s. 9.

10. Notwithstanding any other legislative or regulatory provision, where an agreement in the area of income security and social benefits under paragraph 3 of section 5 extends the coverage of an Act or a regulation to a person defined in the agreement, the Government may, by regulation, enact the measures required to implement the agreement in order to give effect to the agreement.

1997, c. 63, s. 10.

11. Notwithstanding any legislative or regulatory provision, the Minister may allow a person who is not a Québec resident, within the meaning of an Act administered by the Minister, to receive services provided under that Act on the conditions determined by the Minister.

1997, c. 63, s. 11.

12. A program established by the Minister in the areas under his authority may include eligibility criteria based on age.

1997, c. 63, s. 12.

13. The Minister may be a party to a contract to fix the price of goods or services paid for in whole or in part by the Minister pursuant to a program under the responsibility of the Minister.

A benefit or other advantage relating to types of goods or services to which such a contract applies shall be granted on the conditions prescribed in the program.

1997, c. 63, s. 13.

14. The Minister may, in the exercise of his functions, inquire into, or designate another person to inquire into, any matter under his authority.

1997, c. 63, s. 14.

14.1. Any amount paid in respect of an employment-assistance measure, program or service designated by ministerial order is deemed to be an amount paid under Title I of the Act respecting income support, employment assistance and social solidarity (chapter S‐32.001) and is recoverable pursuant to the provisions of Chapter II of Title III of that Act.

1998, c. 36, s. 202.

15. The Minister shall table a report on the activities of the Ministère de l’Emploi et de la Solidarité before the National Assembly within six months of the end of each fiscal year or, if the Assembly is not sitting, within 30 days of resumption.

1997, c. 63, s. 15.

CHAPTER II COMMISSION OF LABOUR MARKET PARTNERS

16. A commission of labour market partners is hereby established under the name “Commission des partenaires du marché du travail”.

1997, c. 63, s. 16.

17. The function of the Commission is to take part in the development of government policies and measures in the areas of manpower and employment, and to participate in decisions concerning the implementation and management of manpower and employment measures and programs under the authority of the Minister, in particular as regards programming, plans of action and related operations. In that capacity, the Commission shall

In force: 1998-01-01

(1)  define manpower development needs in light of the realities of the labour market;

In force: 1998-01-01

(2)  advise the Minister on the general objectives of labour market policy;

In force: 1998-01-01

(3)  collaborate with the Minister in defining strategies and objectives in the areas of manpower and employment;

In force: 1998-01-01

(4)  determine criteria, in accordance with section 19, governing the allocation of the overall funds made available for manpower and employment measures, programs and funds;

In force: 1998-01-01

(5)  identify target areas for public employment services;

In force: 1998-01-01

(6)  examine the regional plans of action as regards manpower and employment submitted by the regional councils of labour market partners and approve them with or without amendment, after taking the advice of those councils into consideration;

In force: 1998-01-01

(7)  examine every plan or proposal submitted to it on behalf of the construction industry in connection with manpower and employment;

(8)  enter into the management agreement referred to in section 31 with the Minister, and prepare annually, jointly with the Minister, the plan of action referred to in section 32 and, during the period of application of the annual plan, monitor its application, assess periodically the results obtained and recommend corrective action so that the objectives of the plan may be achieved.

In force: 1998-04-01

The Commission shall also have any other powers and duties assigned by the Act to foster the development of manpower training (chapter D‐7.1).

1997, c. 63, s. 17.

18. In exercising its functions, the Commission shall give priority to

(1)  concerted action among its partners from employers’ groups, unions, community groups, and the education and economic sectors, and the establishment of manpower committees within businesses and industries, sector-based manpower committees and other committees on which such partners may sit;

(2)  the participation of public educational institutions, institutions governed by the Act respecting private education (chapter E‐9.1) and university-level educational institutions in manpower development activities;

(3)  the development of varied initiatives in the manpower and employment sector;

(4)  equity for disadvantaged individuals or groups on the labour market, within the scope of government policies.

1997, c. 63, s. 18.

19. The criteria governing the allocation of the overall funds made available for manpower and employment measures, programs and funds shall be determined annually by the Commission, at the time and according to the conditions determined by the Minister.

The criteria require the approval of the Government, which may amend them.

1997, c. 63, s. 19.

20. Every regional plan of action as regards manpower and employment shall be forwarded to the Minister by the Commission as soon as it has been approved by the Commission.

The Minister may, not later than 45 days after the plan is forwarded, disallow some or all of the plan, which shall cease to have effect from the date of the disallowance. The Minister shall advise the Commission of the disallowance forthwith.

The Minister may, before the expiry of the 45-day period, inform the Commission of his intention not to exercise his power of disallowance.

1997, c. 63, s. 20.

21. The Commission shall include the following members, appointed by the Government:

(1)  a chairman, appointed after consultation with the Commission;

(2)  six members representing Québec labour, appointed on the recommendation of the most representative associations of employees;

(3)  six members representing business and industry, appointed on the recommendation of the most representative employers’ associations;

(4)  three members appointed after consultation with the most representative community organizations working in the areas of manpower and employment, including one person appointed to represent young people;

(5)  one member from the secondary education sector and one member from the college education sector, appointed after consultation with bodies in the fields concerned.

The Deputy Minister of Employment and Social Solidarity and the secretary general of the Commission shall be members of the Commission.

The following persons shall also be members of the Commission but without the right to vote:

(1)  the Deputy Minister of Regions, or an Assistant Deputy Minister of the Ministère des Régions designated by the Deputy Minister;

(2)  the Deputy Minister of Education, or an Associate or Assistant Deputy Minister of Education designated by the Deputy Minister;

(3)  the Deputy Minister of Industry and Trade, or an Associate or Assistant Deputy Minister of Industry and Trade designated by the Deputy Minister;

(4)  the Deputy Minister of Municipal Affairs and Greater Montréal or an Assistant or Associate Deputy Minister of Municipal Affairs and Greater Montréal designated by the Deputy Minister.

In addition, the Minister may take part in any meeting of the Commission.

1997, c. 63, s. 21; 1997, c. 91, s. 58; 1998, c. 36, s. 203; 1999, c. 8, s. 20; 1999, c. 43, s. 12; 2001, c. 44, s. 28.

22. The Government shall, after obtaining the formal advice of the Commission, appoint the secretary general of the Commission.

The secretary general shall also be the Associate Deputy Minister responsible for Emploi-Québec.

1997, c. 63, s. 22.

23. The term of office of members of the Commission appointed by the Government is not more than three years.

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

The term of a member appointed under any of subparagraphs 2 to 5 of the first paragraph of section 21 shall end upon the receipt by the secretary general of the Commission of a notice from the association or organization represented by the member stating that the member is no longer qualified to represent the association or organization.

1997, c. 63, s. 23.

24. The chairman of the Commission shall preside over the sittings of the Commission, be responsible for communication between the Commission and the Minister and assume any other duties that may be assigned to him by the Commission.

Where the chairman is absent or unable to act, the other members of the Commission referred to in the first paragraph of section 21 shall designate from among their number a member to replace him for the period they determine.

1997, c. 63, s. 24.

25. The members of the Commission appointed by the Government receive no remuneration except in the cases, on the conditions and to the extent determined by the Government. However, they are entitled to the reimbursement of expenses incurred in the performance of their duties, on the conditions and to the extent determined by the Government.

1997, c. 63, s. 25.

26. Any member of the Commission who has a direct or indirect interest in an enterprise that causes his personal interest to conflict with his duties of office shall, on pain of forfeiture of office, disclose it in writing to the chairman or, in the case of the chairman, to the secretary, and abstain from participating in any discussion or decision involving the enterprise in which he has the interest or in any part of a sitting of the Commission during which his interest is discussed.

1997, c. 63, s. 26.

27. The Commission may hold its sittings anywhere in Québec.

A majority of voting members constitute a quorum at sittings of the Commission.

The Commission may establish rules governing its operation, in particular, concerning the creation of an executive committee.

1997, c. 63, s. 27.

28. The minutes of the sittings of the Commission approved by the Commission and certified by the chairman or the secretary general are authentic. The same applies to documents and copies emanating from the Commission or forming part of its records when they are signed or certified by any of those persons.

1997, c. 63, s. 28.

29. The Commission shall send to the Minister, within the time and in the form he determines, the data, reports or other information he requires on its activities.

1997, c. 63, s. 29.

CHAPTER III EMPLOI-QUÉBEC

30. Within the department, certain services grouped together in an independent unit called “Emploi-Québec” shall supervise the implementation and the management, at the provincial, regional and local levels, of the measures and programs under the responsibility of the Minister in the areas of manpower and employment, and shall provide public employment services.

Public employment services shall include labour market information, placement, and services relating to active labour market policy.

1997, c. 63, s. 30.

31. The Minister and the Commission shall enter into a management agreement concerning Emploi-Québec, which shall be submitted to the Government for approval. The agreement shall, in particular, set out

(1)  the respective responsibilities of the Minister, the Commission, the Deputy Minister, and the secretary general of the Commission and Associate Deputy Minister responsible for Emploi-Québec;

(2)  the functions of and services to be provided by Emploi-Québec, its management framework, in particular as regards the implementation of the administrative responsibilities conferred on the Minister by the Act to foster the development of manpower training (chapter D-7.1) and the manner in which the amount of the funds made available to Emploi-Québec by the Minister to achieve the objects of the Commission is to be established;

(3)  the means by which results targets, and performance indicators to measure the achievement of those targets, are to be set;

(4)  the mechanisms for program measurement and evaluation, and accountability;

(5)  the nature of the service agreements to be entered into with Emploi-Québec.

1997, c. 63, s. 31.

32. The Minister and the Commission shall draw up, annually, a plan of action complementing the Emploi-Québec management agreement, which plan shall be submitted to the Government for approval. The plan shall determine the results targets established for the short and medium terms, the means by which they are to be achieved, and the parameters for the allocation of the Emploi-Québec budget.

1997, c. 63, s. 32.

33. The secretary general of the Commission shall defer to the authority of the Commission in matters concerning

(1)  the drafting of the management agreement and the preparation of the annual plan of action and of the annual report on the activities of Emploi-Québec;

(2)  the labour market orientations and policies on which the Minister is to consult the Commission;

(3)  the monitoring of the annual plan of action, in particular regarding the information that may be required by the Commission for the pursuit of its objects;

(4)  the application of the regulatory powers conferred on the Commission by the Act to foster the development of manpower training (chapter D-7.1);

(5)  any other responsibility of the secretary general identified accordingly in the management agreement.

In his capacity as the Associate Deputy Minister responsible for Emploi-Québec, the secretary general shall come under the authority of the Deputy Minister of Employment and Social Solidarity as concerns the administration and evaluation of the Emploi-Québec management agreement and the annual plan of action complementing the agreement.

1997, c. 63, s. 33; 2001, c. 44, s. 28.

34. The secretary general shall, annually, prepare a report on the activities of Emploi-Québec, containing the information determined by the Minister. He must file the report, once approved by the Commission, with the Minister at the time determined by the Minister.

1997, c. 63, s. 34.

35. The Minister shall ask representatives from the Commission or the regional councils of labour market partners to sit on panels to select persons to fill managerial positions within Emploi-Québec other than local director.

The Minister shall ask representatives from partners active in the area of manpower and employment at the local level to sit on panels to select persons to fill local director positions within Emploi-Québec.

1997, c. 63, s. 35.

36. The Commission may, in a regulation approved by the Government, determine the fees payable by any person using certain services provided by Emploi-Québec.

The Government may, 45 days after having requested that the Commission adopt or amend a regulation under the first paragraph, exercise the regulatory power itself. Such a regulation is deemed to be a regulation made by the Commission.

1997, c. 63, s. 36.

CHAPTER IV REGIONAL COUNCILS OF LABOUR MARKET PARTNERS

37. A regional council of labour market partners shall be established by the Government in each region determined by the Government.

1997, c. 63, s. 37.

38. The functions of a regional council shall include

In force: 1998-01-01

(1)  defining labour market issues in its region on the basis of the general objectives of labour market policy, in particular by assessing manpower development needs and drawing on the expertise of advisory committees;

(2)  submitting annually to the Commission, for approval, a regional plan of action as regards manpower and employment, which plan shall include, in particular, the elements dealing with public employment services appearing in the local plans of action pertaining to the economy and employment that have been drawn up for its region, together with its opinion particularly as to the consistency of such elements with provincial, sectorial and regional guidelines, strategies and objectives;

In force: 1998-01-01

(3)  adapting manpower and employment measures, programs and funds to the realities of the region to the extent the conditions governing their implementation so allow;

In force: 1998-01-01

(4)  defining regional manpower and employment strategies and objectives;

(5)  proposing, to the Commission, the criteria according to which the funds made available for manpower and employment measures, programs and funds at the regional level should be allocated;

In force: 1998-01-01

(6)  defining the areas in which Emploi-Québec should enter into specific regional manpower and employment agreements with the regional development council;

In force: 1998-01-01

(7)  encouraging the regional development council to take regional manpower and employment strategies and objectives into account.

1997, c. 63, s. 38.

39. In exercising its functions, a regional council shall give priority to

(1)  action undertaken to assist underprivileged persons or groups in the labour market in its region, in particular through agreements in that regard with community organizations working in the manpower and employment fields;

(2)  concerted action by employers, unions and social groups and the sectors of education and the economy, in particular through the creation of advisory committees;

(3)  the implementation of employment assistance programs, manpower development programs and local development programs.

1997, c. 63, s. 39.

40. Each regional council shall include the following members appointed by the Minister:

(1)  six members representing labour, appointed on the recommendation of representative employee associations in the region;

(2)  six members representing business and industry, appointed on the recommendation of representative employers’ associations in the region;

(3)  six other members, two appointed after consultation with community organizations working in the region in the areas of manpower and employment and four from the education sector, including one from a school board and one from a college-level institution, appointed after consultation with bodies in the fields concerned.

The regional director of Emploi-Québec shall be a member of the regional council and shall act as the council’s secretary.

The following persons shall also be members of the regional council, but without the right to vote:

(1)  the Deputy Minister of the Ministère des Régions or a regional representative of the Ministère des Régions designated by the Deputy Minister of Regions;

(2)  the regional director of the Ministère de l’Éducation or a regional representative from that department designated by the Deputy Minister of Education;

(3)  the regional director of the Ministère de l’Industrie et du Commerce or a regional representative from that department designated by the Deputy Minister of Industry and Trade.

1997, c. 63, s. 40; 1997, c. 91, s. 59; 1999, c. 8, s. 20.

41. The term of office of members of the regional council appointed by the Minister is not more than three years.

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

The term of office of a member shall terminate upon receipt by the Minister of a notice from the association or organization represented by the member stating that the member is no longer qualified to represent the association or organization.

1997, c. 63, s. 41.

42. The members of a regional council referred to in the first paragraph of section 40 shall elect from among their number a chairman for the period they determine.

The chairman of the regional council shall preside over the sittings of the council and assume the other functions assigned to him by the council.

Where the chairman is absent or unable to act, the members of the council referred to in the first paragraph of section 40 shall designate from among their number one member to replace him for the period they determine.

1997, c. 63, s. 42.

43. The members of a regional council appointed by the Minister receive no remuneration, except in the cases, on the conditions and to the extent determined by the Government. They are, however, entitled to the reimbursement of expenses incurred in the performance of their duties, on the conditions and to the extent determined by the Government.

1997, c. 63, s. 43.

44. A member of a regional council who has a direct or indirect interest in an enterprise that causes his personal interest to conflict with his duties of office shall, on pain of forfeiture of office, disclose it in writing to the chairman or, in the case of the chairman, to the secretary, and abstain from participating in any discussion or decision involving the enterprise in which he has the interest or in any part of a sitting of the regional council during which his interest is discussed.

1997, c. 63, s. 44.

45. The regional council may hold its sittings anywhere in its region.

A majority of members constitute a quorum at sittings of the regional council.

The regional council shall establish rules for its operation.

1997, c. 63, s. 45.

46. The regional council shall send to the Minister, within the time and in the form he determines, the data, reports or other information he requires on its activities.

1997, c. 63, s. 46.

CHAPTER V ORGANIZATION OF THE DEPARTMENT

47. The Government shall appoint, in accordance with the Public Service Act (chapter F‐3.1.1), a person as Deputy Minister of Employment and Social Solidarity.

1997, c. 63, s. 47; 2001, c. 44, s. 28.

48. Under the direction of the Minister, the Deputy Minister shall administer the department.

In addition, he shall exercise any other function assigned to him by the Government or the Minister.

1997, c. 63, s. 48.

49. In the exercise of his functions, the Deputy Minister shall have the authority of the Minister.

1997, c. 63, s. 49.

50. The Deputy Minister may, in writing and to the extent he indicates, delegate to a public servant or the holder of a position the exercise of his functions under this Act.

He may, in the instrument of delegation, authorize the subdelegation of the functions he indicates and in that case shall specify the title of the public servant or holder of a position to whom they may be delegated.

1997, c. 63, s. 50.

51. The personnel of the department shall consist of the public servants required for the exercise of the functions of the Minister; the public servants shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

The Minister shall determine the duties of the public servants where the law or the Government does not provide therefor.

1997, c. 63, s. 51; 2000, c. 8, s. 242.

52. The signature of the Minister or the Deputy Minister shall give effect to any document emanating from the department.

A deed, document or writing may bind the Minister or be attributed to him only if it is signed by him, the Deputy Minister, a member of the personnel of the department or the holder of a position, and, in the latter two cases, only to the extent determined by the Government.

A member of the personnel of an organization is, to the extent that he is assigned to the administration of a program that the Minister has delegated by agreement to that organization, considered to be a member of the personnel of the department for the purposes of the second paragraph.

1997, c. 63, s. 52.

53. The Government may, on the conditions it determines, allow that the signature of the Minister or Deputy Minister be affixed by means of an automatic device to the documents it determines.

The Government may also allow a facsimile of a signature to be engraved, lithographed or printed on the documents it determines. In such a case, the facsimile shall be authentified by the countersignature of a person authorized by the Minister.

1997, c. 63, s. 53.

53.1. The Minister may delegate, in writing, specially or generally, to any member of the personnel of the department or to any office holder, the power to designate a reviewer under section 129 of the Act respecting income support, employment assistance and social solidarity (chapter S‐32.001), the power to authorize a person to act as an inspector under section 143 of that Act and the power to designate an investigator under section 145 of that Act or under section 14 of this Act.

1998, c. 36, s. 204.

54. A decision made or certificate issued pursuant to an Act under the responsibility of the Minister need not be signed, but it must contain the name of the person who made or issued it.

1997, c. 63, s. 54.

55. Any document or copy of a document emanating from the department or forming part of its records and signed or certified by a person referred to in the second paragraph of section 52 is authentic.

1997, c. 63, s. 55.

56. An intelligible written transcription of a decision, certificate or any other data stored by the department in a computer or on any other magnetic medium is a document of the department and is proof of its contents where such transcription is certified by a person referred to in the second paragraph of section 52.

1997, c. 63, s. 56.

57. A decision made or certificate issued pursuant to an Act administered by the Minister is presumed to have been made or issued and sent out on the date indicated therein.

1997, c. 63, s. 57.

CHAPTER VI LABOUR MARKET DEVELOPMENT FUND

58. A labour market development fund shall be established at the Ministère de l’Emploi et de la Solidarité sociale.

The fund shall be dedicated to financing the implementation and management of the measures and programs under the responsibility of the Minister in the areas of manpower and employment, and to the financing of public employment services.

1997, c. 63, s. 58; 2001, c. 44, s. 28.

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

The manner in which the fund is to be managed shall be determined by the Conseil du trésor.

1997, c. 63, s. 59.

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

(1)  the sums paid into the fund by the Minister out of the appropriations granted for that purpose by Parliament;

(2)  the sums collected in respect of public employment services, except the sums relating to the administration of the Act to foster the development of manpower training (chapter D-7.1);

(3)  the sums paid into the fund by the Minister of Finance pursuant to the first paragraph of section 62 and section 63;

(4)  the gifts, legacies and other contributions paid into the fund to further the achievement of the objects of the fund.

1997, c. 63, s. 60.

61. The management of the sums paid into 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 he designates.

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

1997, c. 63, s. 61; 2000, c. 15, s. 112; 2001, c. 44, s. 28.

62. 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.

The Minister may, conversely, advance to the consolidated revenue fund, on a short-term basis and subject to the conditions he determines, any part of the sums constituting the fund that is not required for its operation.

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

1997, c. 63, s. 62.

63. The Minister of Employment and Social Solidarity may, as manager of the fund, borrow from the Minister of Finance sums taken out of the financing fund established under the Act respecting the Ministère des Finances (chapter M‐24.01).

1997, c. 63, s. 63; 1999, c. 77, s. 44; 2001, c. 44, s. 28.

64. The sums required for the remuneration and expenses related to social benefits and other conditions of employment of the persons assigned, in accordance with the Public Service Act (chapter F-3.1.1), to activities related to the fund shall be paid out of the fund.

1997, c. 63, s. 64.

65. The surpluses accumulated into the fund which exceed $20,000,000 shall be paid into the consolidated revenue fund on the dates and to the extent determined by the Government.

1997, c. 63, s. 65.

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

1997, c. 63, s. 66; 2000, c. 8, s. 160; 2000, c. 15, s. 113.

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

1997, c. 63, s. 67.

68. 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 financing fund the sums required for the execution of a judgment against the State that has become res judicata.

1997, c. 63, s. 68; 1999, c. 40, s. 343.

CHAPTER VII AMENDING PROVISIONS

ACT TO FOSTER THE DEVELOPMENT OF MANPOWER TRAINING

69. (Amendment integrated into c. D-7.1, s. 4).

1997, c. 63, s. 69.

70. (Amendment integrated into c. D-7.1, s. 5).

1997, c. 63, s. 70.

71. (Amendment integrated into c. D-7.1, s. 6).

1997, c. 63, s. 71.

72. (Amendment integrated into c. D-7.1, s. 8).

1997, c. 63, s. 72.

73. (Amendment integrated into c. D-7.1, s. 10).

1997, c. 63, s. 73.

74. (Amendment integrated into c. D-7.1, s. 12).

1997, c. 63, s. 74.

75. (Amendment integrated into c. D-7.1, s. 17).

1997, c. 63, s. 75.

76. (Amendment integrated into c. D-7.1, s. 18).

1997, c. 63, s. 76.

77. (Amendment integrated into c. D-7.1, s. 20).

1997, c. 63, s. 77.

78. (Amendment integrated into c. D-7.1, s. 21).

1997, c. 63, s. 78.

79. (Amendment integrated into c. D-7.1, s. 22).

1997, c. 63, s. 79.

80. (Omitted).

1997, c. 63, s. 80.

81. (Amendment integrated into c. D-7.1, s. 23).

1997, c. 63, s. 81.

82. (Amendment integrated into c. D-7.1, Div. III.1 of Chap. II, heading).

1997, c. 63, s. 82.

83. (Omitted).

1997, c. 63, s. 83.

84. (Amendment integrated into c. D-7.1, s. 24).

1997, c. 63, s. 84.

85. (Omitted).

1997, c. 63, s. 85.

86. (Amendment integrated into c. D-7.1, s. 27).

1997, c. 63, s. 86.

87. (Amendment integrated into c. D-7.1, s. 28).

1997, c. 63, s. 87.

88. (Amendment integrated into c. D-7.1, s. 29).

1997, c. 63, s. 88.

89. (Amendment integrated into c. D-7.1, s. 30).

1997, c. 63, s. 89.

90. (Amendment integrated into c. D-7.1, s. 31).

1997, c. 63, s. 90.

91. (Amendment integrated into c. D-7.1, s. 32).

1997, c. 63, s. 91.

92. (Amendment integrated into c. D-7.1, s. 33).

1997, c. 63, s. 92.

93. (Amendment integrated into c. D-7.1, s. 34).

1997, c. 63, s. 93.

94. (Amendment integrated into c. D-7.1, s. 35).

1997, c. 63, s. 94.

95. (Amendment integrated into c. D-7.1, s. 36).

1997, c. 63, s. 95.

96. (Omitted).

1997, c. 63, s. 96.

97. (Amendment integrated into c. D-7.1, s. 41).

1997, c. 63, s. 97.

98. (Amendment integrated into c. D-7.1, s. 43).

1997, c. 63, s. 98.

99. (Amendment integrated into c. D-7.1, s. 44.1).

1997, c. 63, s. 99.

100. (Amendment integrated into c. D-7.1, s. 44.2).

1997, c. 63, s. 100.

101. (Amendment integrated into c. D-7.1, s. 44.3).

1997, c. 63, s. 101.

102. (Amendment integrated into c. D-7.1, s. 44.4).

1997, c. 63, s. 102.

103. (Amendment integrated into c. D-7.1, s. 44.5).

1997, c. 63, s. 103.

104. (Amendment integrated into c. D-7.1, s. 44.6).

1997, c. 63, s. 104.

105. (Amendment integrated into c. D-7.1, s. 66).

1997, c. 63, s. 105.

106. (Amendment integrated into c. D-7.1, s. 67).

1997, c. 63, s. 106.

ACT RESPECTING MANPOWER VOCATIONAL TRAINING AND QUALIFICATION

107. (Amendment integrated into c. F-5, s. 1).

1997, c. 63, s. 107.

108. (Amendment integrated into c. F-5, s. 45).

1997, c. 63, s. 108.

109. (Amendment integrated into c. F-5, s. 53).

1997, c. 63, s. 109.

TAXATION ACT

110. (Amendment integrated into c. I-3, s. 336).

1997, c. 63, s. 110.

111. (Amendment integrated into c. I-3, s. 1029.8.22).

1997, c. 63, s. 111.

112. (Amendment integrated into c. I-3, s. 1029.8.22.1).

1997, c. 63, s. 112.

113. (Amendment integrated into c. I-3, s. 1029.8.23).

1997, c. 63, s. 113.

114. (Amendment integrated into c. I-3, s. 1029.8.25).

1997, c. 63, s. 114.

115. (Amendment integrated into c. I-3, s. 1029.8.25.1).

1997, c. 63, s. 115.

116. (Amendment integrated into c. I-3, s. 1029.8.33.1).

1997, c. 63, s. 116.

117. (Amendment integrated into c. I-3, s. 1029.8.33.2).

1997, c. 63, s. 117.

118. (Amendment integrated into c. I-3, s. 1029.8.33.10).

1997, c. 63, s. 118.

ACT RESPECTING THE MINISTÈRE DU REVENU

119. (Amendment integrated into c. M-31, s. 69.1).

1997, c. 63, s. 119.

ACT RESPECTING THE PROCESS OF NEGOTIATION OF THE COLLECTIVE AGREEMENTS IN THE PUBLIC AND PARAPUBLIC SECTORS

120. (Amendment integrated into c. R-8.2, Schedule C).

1997, c. 63, s. 120.

ACT RESPECTING THE GOVERNMENT AND PUBLIC EMPLOYEES RETIREMENT PLAN

121. (Amendment integrated into c. R-10, Schedule I).

1997, c. 63, s. 121.

122. (Amendment integrated into c. R-10, Schedule III).

1997, c. 63, s. 122.

ACT RESPECTING THE CIVIL SERVICE SUPERANNUATION PLAN

123. (Amendment integrated into c. R-12, Schedule IV).

1997, c. 63, s. 123.

ACT RESPECTING INCOME SECURITY

124. (Amendment integrated into c. S-3.1.1, s. 25).

1997, c. 63, s. 124.

ACT RESPECTING THE SOCIÉTÉ QUÉBÉCOISE DE DÉVELOPPEMENT DE LA MAIN-D’OEUVRE

125. (Omitted).

1997, c. 63, s. 125.

ACT RESPECTING NORTHERN VILLAGES AND THE KATIVIK REGIONAL GOVERNMENT

126. (Amendment integrated into c. V-6.1, s. 379).

1997, c. 63, s. 126.

127. (Omitted).

1997, c. 63, s. 127.

OTHER LEGISLATIVE PROVISIONS

128. The words “Minister of Income Security”, “Deputy Minister of Income Security” and “Ministère de la Sécurité du revenu” are replaced by the words “Minister of Employment and Solidarity”, “Deputy Minister of Employment and Solidarity” and “Ministère de l’Emploi et de la Solidarité”, respectively, wherever they appear in the following provisions:

(1)  (amendment integrated into c. A-3.001, s. 144);

(2)  (amendment integrated into c. A-14, s. 12);

(3)  (amendment integrated into c. A-17, ss. 22, 23, 30 and 32);

(4)  (amendment integrated into c. A-25, s. 83.28);

(5)  (amendment integrated into c. A-29, ss. 65, 67, 70, 71 and 71.1);

(6)  (amendment integrated into c. B-1, s. 128);

(7)  (inoperative, 1997, c. 43, s. 184);

(8)  (amendment integrated into c. C-57.01, s. 3);

(9)  (amendment integrated into c. C-59, s. 7);

(10)  (amendment integrated into c. D-2, s. 46);

(11)  (amendment integrated into c. E-18, s. 4);

(12)  (amendment integrated into c. E-20.1, s. 7);

(13)  (amendment integrated into c. M-34, s. 1);

(14)  (amendment integrated into c. N-1.1, s. 121);

(15)  (amendment integrated into c. P-2.2, s. 76);

(16)  (amendment integrated into c. R-5, s. 22.2);

(17)  (amendment integrated into c. R-9, ss. 12, 37, 39, 40.3, 145, 218, 228, 229 and 230);

(18)  (amendment integrated into c. R-15.1, ss. 243.7 and 321);

(19)  (amendment integrated into c. R-20, s. 122);

(20)  (amendment integrated into c. S-2.1, s. 174);

(21)  (amendment integrated into c. S-3.1.1, ss. 10, 52, 58, 65.2, 69 and 141);

(22)  (amendment integrated into c. S-3.2, ss. 1, 29 and 60).

1997, c. 63, s. 128.

CHAPTER VIII TRANSITIONAL AND MISCELLANEOUS PROVISIONS

129. The Government shall acquire the rights and assume the obligations of the Société québécoise de développement de la main-d’oeuvre.

1997, c. 63, s. 129.

130. The programs managed by the Société on 31 March 1998 shall continue under the management of the Minister. The Government or the Minister, depending on which approved the programs, may amend or terminate them.

1997, c. 63, s. 130.

131. The records and other documents of the Société shall become the records and documents of the Ministère de l’Emploi et de la Solidarité sociale.

1997, c. 63, s. 131; 2001, c. 44, s. 28.

132. Matters before the Société shall be continued by the Minister, without further formality.

1997, c. 63, s. 132.

133. The Attorney General shall become, without continuance of suit, party to any proceedings to which the Société is a party on 31 March 1998.

1997, c. 63, s. 133.

134. The term of office of the members of the board of directors of the Société, including the term of the chairman and vice-chairmen of the Société, shall end on 1 April 1998.

The term of office of the members of the regional councils established under section 36 of the Act respecting the Société québécoise de développement de la main-d’oeuvre (chapter S-22.001) shall end on 1 April 1998.

1997, c. 63, s. 134.

135. The employees of the Société in office on 16 December 1997 and identified in an order of the Government shall become the employees of the department or of another department, subject to the terms and conditions provided for in such an order. The employees transferred are deemed to have been appointed in accordance with the Public Service Act (chapter F-3.1.1).

The Conseil du trésor may determine any rule, standard or policy relating to the classification, the determination of the pay scale, permanent tenure or any other condition of employment applicable to the employees referred to in the first paragraph.

1997, c. 63, s. 135; 2000, c. 8, s. 242.

136. Subject to section 137, the procedure for integrating the employees covered by an agreement entered into under section 7 may depart from the provisions of the Public Service Act (chapter F-3.1.1) except sections 64 to 69. The employees become employees of the Government and public servants within the meaning of that Act as of the date of their integration.

The Conseil du trésor may, for the implementation of such an agreement, establish any rule, standard or policy relating to classification, the determination of the pay scale, permanent tenure or any other condition of employment applicable to the employees.

The Government may, as regards the integration of the employees, make any agreement relating to pension plans with the Government of Canada or the agency concerned.

1997, c. 63, s. 136.

137. Where the employees integrated into the public service pursuant to an agreement under section 7 or pursuant to section 135 were represented by a certified association within the meaning of the Labour Code (chapter C‐27) or by a bargaining agent within the meaning of the Public Service Staff Relations Act (Revised Statutes of Canada, 1985, chapter P‐35), the Government, to facilitate the employees’ integration, may, on the conditions and to the extent it determines, recognize for a period it fixes, the certified association or bargaining agent as the sole representative of the employees for the interpretation or application of a collective agreement referred to in the second paragraph of this section or for the purposes of any measure pursuant to the second paragraph of section 135 or the second paragraph of section 136. The recognition may include provisions concerning the payment of union dues.

Those employees shall be governed by the collective agreements and other conditions of employment applicable to employees governed by the Public Service Act (chapter F‐3.1.1), subject to any rule, standard or policy established under the second paragraph of section 135 or the second paragraph of section 136 and to the provisions of the first paragraph of this section.

1997, c. 63, s. 137.

138. Unless the context indicates otherwise, in any Act not referred to in sections 69 to 128 and in any regulation, by-law, order in council, ministerial order, proclamation, order, contract, agreement, accord or other document,

(1)  a reference to the Minister of State for Employment and Solidarity or to the Minister of Income Security is a reference to the Minister of Employment and Solidarity;

(2)  a reference to the Deputy Minister of Income Security or the Ministère de la Sécurité du revenu is a reference to the Deputy Minister of Employment and Solidarity or the Ministère de l’Emploi et de la Solidarité;

(3)  a reference to the minister designated by the Government for the purposes of section 13 of the Act respecting certain functions relating to manpower and employment (chapter F-3.1.1.1), is a reference to the Minister of Employment and Solidarity;

(4)  a reference to the Société québécoise de développement de la main-d’oeuvre is a reference to the Minister of Employment and Solidarity or the Commission des partenaires du marché du travail, according to their respective functions;

(5)  a reference to the Act respecting the Ministère de la Sécurité du revenu (chapter M-19.2.1) or to the Act respecting certain functions relating to manpower and employment is a reference to the Act respecting the Ministère de l’Emploi et de la Solidarité and establishing the Commission des partenaires du marché du travail (chapter M-15.001) or to any corresponding provision of that Act.

1997, c. 63, s. 138.

139. Any regulation, ministerial order or order made under the Act respecting the Ministère de la Sécurité du revenu (chapter M-19.2.1) or the Act respecting certain functions relating to manpower and employment (chapter F-3.1.1.1) remains in force until it is replaced or repealed.

1997, c. 63, s. 139.

140. A regulation of the Société québécoise de développement de la main-d’oeuvre made under section 24 of the Act respecting the Société québécoise de développement de la main-d’oeuvre (chapter S-22.001) is deemed to be a regulation made by the Commission des partenaires du marché du travail under section 36.

1997, c. 63, s. 140.

141. The regulations of the Société québécoise de développement de la main-d’oeuvre made under the Act to foster the development of manpower training (chapter D-7.1) and the regulations of the Government made under section 65 of that Act are deemed to be regulations of the Commission des partenaires du marché du travail.

1997, c. 63, s. 141.

142. Financial assistance and subsidies granted by the Société québécoise de développement de la main-d’oeuvre are deemed to be financial assistance and subsidies granted by the Minister.

1997, c. 63, s. 142.

143. Recognitions or accreditations issued by the Société québécoise de développement de la main-d’oeuvre pursuant to the Act to foster the development of manpower training (chapter D-7.1) are deemed to be recognitions or accreditations issued by the Minister.

1997, c. 63, s. 143.

144. (Omitted).

1997, c. 63, s. 144.

145. During the fiscal year 1998-1999, the Minister shall pay to the Commission administrative des régimes de retraite et d’assurances, with the approval of the Conseil du trésor, the sums necessary to make up for certain costs arising out of an agreement relating to the pension plans of employees of the Government of Canada transferred to the department within the framework of the Canada-Québec Labour Market Agreement in Principle. Such sums shall be taken out of the labour market development fund. The Commission shall use those sums in the manner determined by the Minister.

1997, c. 63, s. 145; 1998, c. 36, s. 205.

146. The appropriations granted for the fiscal year 1998-1999 to the Société québécoise de développement de la main-d’oeuvre and the sums in a fund managed by the Société on 31 March 1998 shall be transferred to the labour market development fund.

1997, c. 63, s. 146.

147. The appropriations granted for the fiscal year 1997-1998 to the Ministère de la Sécurité du revenu for employment assistance measures and for internal management and support shall be transferred to the labour market development fund to the extent determined by the Government.

1997, c. 63, s. 147.

148. The Minister of Employment and Social Solidarity is responsible for the administration of this Act.

1997, c. 63, s. 148; 2001, c. 44, s. 30.

The Minister responsible for Social Solidarity and Community Action exercises the functions and responsibilities of the Minister of Employment and Social Solidarity, in respect of income security and social benefits provided for in this Act. Order in Council 1658-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6522.

149. Section 7 ceases to have effect on 1 January 2008.

1997, c. 63, s. 149; 2002, c. 51, s. 27.

150. (Omitted).

1997, c. 63, s. 150.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 63 of the statutes of 1997, in force on 1 April 1998, is repealed, except section 150, effective from the coming into force of chapter M-15.001 of the Revised Statutes.