m-17.1 - Act respecting the Ministère de la Culture et des Communications

À jour au 1^er septembre 2020

Ce document a valeur officielle.

chapter M-17.1

Act respecting the Ministère de la Culture et des Communications

1994, c. 14, s. 1.

CHAPTER I ORGANIZATION OF THE DEPARTMENT

1. The Ministère de la Culture et des Communications shall be under the direction of the Minister of Culture and Communications appointed under the Executive Power Act (chapter E-18).

1992, c. 65, s. 1; 1994, c. 14, s. 2.

2. The Government, in accordance with the Public Service Act (chapter F-3.1.1), shall appoint a person as Deputy Minister of Culture and Communications.

1992, c. 65, s. 2; 1994, c. 14, s. 3.

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

He shall also perform any other duties assigned to him by the Government or the Minister.

1992, c. 65, s. 3.

4. In the performance of his duties, the Deputy Minister has the authority of the Minister.

1992, c. 65, s. 4.

5. The Deputy Minister may delegate the performance of his duties under this Act, in writing and so far as he indicates, to a public servant or to the holder of a position.

He may, in the instrument of delegation, authorize the subdelegation of such duties as he indicates; where applicable, he shall identify the public servant or holder of a position to whom this subdelegation may be made.

1992, c. 65, s. 5.

6. The personnel of the department shall be composed of the public servants necessary for the performance of the duties of the Minister; they 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 of the department so far as they are not determined by law or by the Government.

1992, c. 65, s. 6; 2000, c. 8, s. 242.

7. The signature of the Minister or of the Deputy Minister gives authority to any document emanating from the department.

No deed, document or writing binds the Minister or may be attributed to him unless it is signed by him, by the Deputy Minister, by a member of the personnel of the department or by the holder of a position, and in these last two cases, only so far as determined by the Government.

1992, c. 65, s. 7.

8. The Government may permit, on the conditions that it fixes, 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 permit that a facsimile of the signature be engraved, lithographed or printed on the documents it determines. The facsimile must be authenticated by the countersignature of a person authorized by the Minister.

1992, c. 65, s. 8.

9. Every document or copy of a document emanating from the department or forming part of its records, if signed or certified true by a person referred to in the second paragraph of section 7, is authentic.

1992, c. 65, s. 9.

CHAPTER II DUTIES AND POWERS OF THE MINISTER

9.1. The Minister shall be responsible for culture and communications in Québec; in fulfilling these responsibilities, he shall see to it that positive cultural, social and economic effects are generated.

1994, c. 14, s. 4.

10. As regards culture, the Minister shall perform his duties in the fields of heritage, the arts, literature and cultural industries.

His duty in those fields is to support primarily activities of creation, animation, production, promotion, diffusion, training, research and conservation and to contribute to their development. He shall also see to the harmonization of the activities of the Government, its departments and public bodies in cultural matters.

1992, c. 65, s. 10; 1994, c. 14, s. 5.

10.1. As regards communications, the Minister shall perform his duties in the fields of the media, telecommunications and communications enterprises.

1994, c. 14, s. 6.

11. The Minister shall develop a cultural policy, propose it to the Government and coordinate its implementation.

The object of the policy is, in particular, to

(1)  contribute to the affirmation of the Québec cultural identity;

(2)  foster the development of artistic creation;

(3)  promote citizens’ access to and participation in cultural life.

In the development of the cultural policy, the Minister shall ensure the cooperation of the government departments and bodies or agencies concerned.

1992, c. 65, s. 11.

12. Within the scope of the cultural policy, the Minister may also establish sectorial policies relating to the fields within his competence. He shall supervise and coordinate the implementation of such policies.

1992, c. 65, s. 12.

12.1. Within the scope of his duties, the Minister shall also develop communications policies, propose them to the Government, and coordinate their application.

1994, c. 14, s. 7.

13. The Minister shall devise and submit to the Government for approval a policy integrating the arts with the architecture and environment of buildings and sites. The policy shall apply to government departments and agencies and to the persons who receive from them a grant for the realization of a project for the construction of a building or the development of a site.

The Minister shall see to the implementation of the policy.

An agreement entered into between the Minister and Ville de Québec or Ville de Montréal may provide for the delegation to the city of all or part of the implementation of the policy in its territory, to the extent, on the conditions and with the modifications stipulated in the agreement.

1992, c. 65, s. 13; 2016, c. 31, s. 37; 2017, c. 16, s. 28.

14. In the performance of his duties, the Minister may, in particular,

(1)  (paragraph repealed);

(2)  grant, on the conditions he fixes, financial or technical assistance in respect of activities or equipment;

(3)  conclude development agreements with municipalities, regional bodies or groups in matters of culture or communications;

(4)  foster the diffusion of Québec culture in Canada and abroad and of Québec expertise in matters relating to communications;

(5)  contribute to the development of cultural industries in cooperation with other government departments and public bodies and to the development of communications enterprises, in Québec, elsewhere in Canada and abroad;

(5.1)  promote the development of productions, with original and varied content, in the fields of communications;

(5.2)  encourage the implementation of technologies related to the communications sector with a view to generating positive cultural, social and economic effects;

(5.3)  contribute to the development of communications systems in all regions of Québec;

(6)  conclude an agreement according to law with a government other than the Gouvernement du Québec, a department of that government, an international organization or an agency of such a government or organization;

(7)  conduct or commission research, surveys, studies or inventories on cultural matters or on communications matters;

(8)  obtain from departments or public bodies the information necessary to devise and implement his policies;

(9)  propose any measure furthering the protection of the rights of creators and artists as regards intellectual property;

(10)  establish standards concerning the acquisition, use and management of copyrights on the documents held by the Government, by departments and by the public bodies designated by the Government.

1992, c. 65, s. 14; 1994, c. 14, s. 8; 2005, c. 7, s. 68; 2020, c. 2, s. 51.

15. Within six months after the end of each fiscal year, the Minister shall table in the National Assembly a report of the activities of the Ministère de la Culture et des Communications for that fiscal year or, if the Assembly is not sitting, within 30 days of resumption.

1992, c. 65, s. 15; 1994, c. 14, s. 9.

CHAPTER III PUBLIC LIBRARIES AND REGIONAL SERVICE CENTRES FOR PUBLIC LIBRARIES

16. For the purpose of devising the sectorial policy on public libraries, the Minister shall consult the municipalities, the libraries and the book industry to identify the needs as regards public libraries and establish objectives relating to the services which public libraries may offer.

1992, c. 65, s. 16.

17. For the application of such policy, the Minister shall establish priorities and means aimed at supporting the establishment of public libraries and the development of their activities.

To this end, he may, in particular,

(1)  promote cooperation between public libraries and with any other library or interested body or agency;

(2)  provide professional or technical assistance for the organization and management of public libraries;

(3)  compile and publish the information available on public libraries.

1992, c. 65, s. 17.

18. The Minister may authorize the constitution as a legal person of a regional service centre for public libraries and apply to the enterprise registrar for the issue of letters patent under Part III of the Companies Act (chapter C-38) where the centre pursues all of the following objects:

(1)  the establishment, maintenance and development of collections of published documents, document processing services and any other professional or technical service relating to the operation of a public library;

(2)  the conclusion of contracts for document services and professional or technical services relating to the operation of a public library;

(3)  the fostering of pooling of resources, exchanges between public libraries and cooperation with any library or interested body or agency;

(4)  the promotion of any other activity related to the operation of a public library;

(5)  the encouragement and support of training, information, organization and cultural development programs that are compatible with the objects mentioned in subparagraphs 1 to 4.

In addition, a regional centre may have any other object not incompatible with the objects mentioned in the first paragraph.

1992, c. 65, s. 18; 1999, c. 40, s. 183; 2002, c. 45, s. 545.

19. A regional centre may, with the authorization of the Minister and in accordance with the Companies Act (chapter C-38), amalgamate, change its name, or apply for supplementary letters patent or for dissolution.

1992, c. 65, s. 19.

20. In the event of the dissolution of a regional centre, its property devolves to another regional centre, to a municipality or to an intermunicipal management board that consents to such devolution and is designated by the Minister.

1992, c. 65, s. 20.

21. A regional centre shall transmit to the Minister any information he requires regarding its activities.

1992, c. 65, s. 21.

22. The Minister shall have the same duties with regard to regional centres as he does with regard to public libraries.

1992, c. 65, s. 22.

CHAPTER III.1 QUÉBEC CULTURAL HERITAGE FUND

2006, c. 30, s. 1.

22.1. A Québec Cultural Heritage Fund is established at the department.

The Fund provides financial support for measures promoting knowledge of cultural heritage and the protection, enhancement and transmission of that heritage.

2006, c. 30, s. 1; 2011, c. 21, s. 236.

22.2. (Repealed).

2006, c. 30, s. 1; 2011, c. 18, s. 184.

22.3. The following are credited to the Fund:

(1)  the sums transferred to the Fund by the Minister of Revenue under section 22.5;

(2)  the sums transferred to the Fund by the Minister of Culture and Communications out of the appropriations granted for that purpose by Parliament;

(3)  the gifts, legacies and other contributions paid into the Fund to further the achievement of the objects of the Fund;

(4)  the sums transferred to the Fund by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (chapter A-6.001);

(4.1)  the fines collected under the Cultural Heritage Act (chapter P-9.002) or a regulation under that Act, except those which belong to the municipalities or the Native communities in accordance with that Act;

(4.2)  the sums paid into the Fund by the Société du Plan Nord under an agreement providing for their allocation, in accordance with section 21 of the Act respecting the Société du Plan Nord (chapter S-16.011); and

(5)  the income generated by the investment of the sums credited to the Fund.

2006, c. 30, s. 1; 2011, c. 18, s. 185; 2011, c. 21, s. 237; 2014, c. 16, s. 80; 2016, c. 31, s. 38.

22.4. (Repealed).

2006, c. 30, s. 1; 2011, c. 18, s. 186.

22.5. On the dates and in the manner determined by the Government, the Minister of Revenue transfers to the Fund, out of the sums credited to the general fund, part of the proceeds of the tobacco tax collected under the Tobacco Tax Act (chapter I-2) for a total amount of $19,500,000 per year for the fiscal years 2019–2020 to 2022–2023 and $23,500,000 for the fiscal year 2023–2024.

2006, c. 30, s. 1; 2011, c. 18, s. 187; 2013, c. 16, s. 146; 2020, c. 5, s. 101.

22.6. (Repealed).

2006, c. 30, s. 1; 2011, c. 18, s. 188.

22.7. (Repealed).

2006, c. 30, s. 1; 2011, c. 18, s. 188.

22.8. (Repealed).

2006, c. 30, s. 1; 2011, c. 18, s. 188.

22.9. (Repealed).

2006, c. 30, s. 1; 2011, c. 18, s. 188.

22.10. (Repealed).

2006, c. 30, s. 1; 2011, c. 18, s. 188.

22.11. (Repealed).

2006, c. 30, s. 1; 2011, c. 18, s. 188.

22.12. The provisions of this chapter cease to have effect on the date or dates to be set by the Government, which must not precede 1 April 2020.

Any sum remaining in the Fund on the date section 22.1 ceases to have effect is transferred to the general fund and is appropriated to the financing of such complementary measures consistent with the objects of the Fund as are determined by the Government, in the manner determined by the Government.

2006, c. 30, s. 1; 2011, c. 18, s. 189.

CHAPTER III.2 AVENIR MÉCÉNAT CULTURE FUND

2015, c. 8, s. 301.

22.13. The Avenir Mécénat Culture Fund is established at the department.

The Fund is dedicated to providing financial support for measures taken by the Minister to encourage organizations working in the cultural and communications sectors to, among other things, develop ways of diversifying their funding sources and to capitalize a portion of their revenues derived from their fund-raising activities, so as to ensure the financial security of such organizations.

2015, c. 8, s. 301.

22.14. The following are credited to the Fund:

(1)  the sums transferred to the Fund by the Minister of Revenue under section 22.15;

(2)  the sums transferred to the Fund by the Minister of Culture and Communications out of the appropriations granted for that purpose by Parliament;

(3)  the gifts, legacies and other contributions paid into the Fund to further the achievement of its objects;

(4)  the sums transferred to the Fund by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (chapter A-6.001); and

(5)  the income generated by the investment of the sums credited to the Fund.

2015, c. 8, s. 301.

22.15. On the dates and in the manner determined by the Government, the Minister of Revenue transfers to the Fund, out of the sums credited to the general fund, part of the proceeds of the tobacco tax collected under the Tobacco Tax Act (chapter I-2) for a total amount of $5,000,000 per fiscal year.

2015, c. 8, s. 301.

22.16. The following are debited from the Fund:

(1)  the amounts paid for the purposes of section 22.13 by the Minister in accordance with the standards approved by the Conseil du trésor for the program “Mécénat Placements Culture”; and

(2)  the sums expended by the Minister for the administration of the program.

2015, c. 8, s. 301.

22.17. The accumulated surpluses of the Fund are to be transferred to the general fund on the dates and to the extent determined by the Government.

2015, c. 8, s. 301.

CHAPTER IV AMENDING PROVISIONS

23. (Omitted).

1992, c. 65, s. 23.

24. (Omitted).

1992, c. 65, s. 24.

CITIES AND TOWNS ACT

25. (Amendment integrated into c. C-19, s. 468).

1992, c. 65, s. 25.

26. (Amendment integrated into c. C-19, subdivision 25, ss. 471-471.0.2 and subdivision 25.0.1, ss. 471.0.3, 471.0.4).

1992, c. 65, s. 26.

MUNICIPAL CODE OF QUÉBEC

27. (Amendment integrated into c. C-27.1, a. 524).

1992, c. 65, s. 27.

28. (Amendment integrated into c. C-27.1, section VII.1, aa. 524.1-524.3 and section VII.2, aa. 524.4, 524.5).

1992, c. 65, s. 28.

29. (Amendment integrated into c. C-27.1, a. 569).

1992, c. 65, s. 29.

ACT RESPECTING THE DEVELOPMENT OF QUEBEC FIRMS IN THE BOOK INDUSTRY

30. (Amendment integrated into c. D-8.1, schedule).

1992, c. 65, s. 30.

31. (Omitted).

1992, c. 65, s. 31.

32. (Omitted).

1992, c. 65, s. 32.

33. (Omitted).

1992, c. 65, s. 33.

34. (Omitted).

1992, c. 65, s. 34.

35. (Omitted).

1992, c. 65, s. 35.

CHAPTER V TRANSITIONAL AND FINAL PROVISIONS

36. Every legal person constituted before 1 January 1993 whose name includes the expression “general lending library” is deemed to be a regional service centre for public libraries within the meaning of this Act, and sections 19 to 22 apply to such a centre except a library belonging to the Regroupement des bibliothèques centrales de prêt du Québec, inc. constituted by letters patent issued on 27 April 1987.

Such a centre is also deemed to have as its object the objects mentioned in section 18 of this Act.

1992, c. 65, s. 36; 1999, c. 40, s. 183.

37. Every provision contained in the letters patent of a centre referred to in section 36 that is incompatible with sections 18 and 20 of this Act is inoperative from 1 January 1993.

1992, c. 65, s. 37.

38. At the request of the Minister, the enterprise registrar shall issue supplementary letters patent replacing, in whole or in part, the provisions contained in the letters patent of the centres by the corresponding provisions of sections 18 and 20 of this Act.

1992, c. 65, s. 38; 2002, c. 45, s. 546.

39. Every public library, arts centre, public museum, exhibition centre, heritage interpretation centre or performance hall established before 1 January 1993 by a municipality governed by the Cities and Towns Act is deemed to have been established and maintained under sections 471 and 471.0.3, respectively, of the Cities and Towns Act (chapter C-19), enacted by section 26 of this Act.

1992, c. 65, s. 39.

40. Every public library, arts centre, public museum, exhibition centre, heritage interpretation centre or performance hall established before 1 January 1993 by a local municipality governed by the Municipal Code of Québec (chapter C-27.1) is deemed to have been established and maintained under articles 524.1 and 524.4, respectively, of the Municipal Code of Québec.

1992, c. 65, s. 40.

41. Every public library, arts centre, public museum, exhibition centre, heritage interpretation centre or performance hall established before 1 January 1993 by the city of Montréal is deemed to have been established and maintained under articles 528e and 528h, respectively, of the Charter of the city of Montréal (1959-60, chapter 102).

1992, c. 65, s. 41.

42. Every public library, arts centre, public museum, exhibition centre, heritage interpretation centre or performance hall established before 1 January 1993 by the city of Québec is deemed to have been established and maintained under sections 336n and 336q, respectively, of the Charter of the city of Québec (1929, chapter 95), enacted by section 35 of this Act.

1992, c. 65, s. 42.

43. (Omitted).

1992, c. 65, s. 43.

44. The members of the personnel of the Ministère des Affaires culturelles become members of the personnel of the Ministère de la Culture without other formality.

1992, c. 65, s. 44.

45. The records and other documents of the Ministère des Affaires culturelles become the records and other documents of the Ministère de la Culture.

1992, c. 65, s. 45.

46. Matters pending at the Ministère des Affaires culturelles shall be continued by the Minister of Culture.

1992, c. 65, s. 46.

47. Appropriations granted to the Ministère des Affaires culturelles shall be transferred to the Ministère de la Culture.

1992, c. 65, s. 47.

48. Any reference to a general or special provision of the Act respecting the Ministère des Affaires culturelles (chapter M-20) is a reference to the corresponding provision of this Act.

1992, c. 65, s. 48.

49. The By-law of the Academy of Music of Québec (R.R.Q., 1981, c. M-20, r. 1), amended by O.C. 211-89 of 22 February 1989, shall continue to have effect until 1 July 1993.

1992, c. 65, s. 49.

50. (Omitted).

1992, c. 65, s. 50.

51. (Omitted).

1992, c. 65, s. 51.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 65 of the statutes of 1992, in force on 1 March 1993, is repealed, except sections 32, 35, 43 and 51, effective from the coming into force of chapter M-17.1 of the Revised Statutes.