m-19 - Act respecting the Ministère de la Justice

À jour au 17 juin 2005

Ce document a valeur officielle.

chapter M-19

Act respecting the Ministère de la Justice

DIVISION I MINISTÈRE DE LA JUSTICE

1. The Minister of Justice, in this Act called the “Minister”, is charged with the direction and administration of the Ministère de la Justice.

1965 (1st sess.), c. 16, s. 1; 1977, c. 5, s. 14.

2. The Minister of Justice is exofficio the Attorney General of Québec. The Minister is also ex officio Notary General for Québec.

The Minister of Justice, in his capacity as Attorney General, is at the same time Registrar of Québec.

1965 (1st sess.), c. 16, s. 2; 1969, c. 26, s. 92; 1999, c. 40, s. 184; 2000, c. 44, s. 102.

3. The Minister of Justice:

(a)  is the legal adviser of the Lieutenant-Governor and the legal member of the Conseil exécutif du Québec;

(b)  sees that the administration of public affairs is in accordance with the law;

(c)  exercises superintendence over all matters connected with the administration of justice in Québec except those assigned to the Minister of Public Security;

(d)  advises the incumbent ministers of the several departments of the Gouvernement du Québec upon all matters of law concerning such departments;

(e)  is in charge of the organization of the judicial system and of the inspection of the offices of the courts, and is in charge of the organization and inspection of the Personal and Movable Real Rights Registry Office;

(f)  has superintendence over judicial officers and the Personal and Movable Real Rights Registrar;

(f.1)  is responsible for the register of civil status and appoints a public servant as registrar of civil status;

(g)  performs such other functions as are assigned to him by the Government, or as are not assigned to some other Government department.

1965 (1st sess.), c. 16, s. 3; 1969, c. 26, s. 93; 1977, c. 5, s. 14; 1978, c. 15, s. 140; 1986, c. 86, s. 26; 1988, c. 46, s. 24; 1992, c. 57, s. 614; 1996, c. 21, s. 50; 2000, c. 42, s. 189; 2005, c. 24, s. 42.

4. The Attorney General:

(a)  is the keeper of the Great Seal and establishes and authorizes all the instruments issued under the Great Seal;

(b)  is charged, subject to any express legislative provisions to the contrary, with the settlement and conduct, under the designation of “the Attorney General of Québec”, of all litigation for or against the State;

(b.1)  may, in particular, institute penal proceedings for any offence under the Acts and regulations of Québec or, for such purpose, generally or specially authorize any person in writing to act on behalf of the Attorney General;

(c)  takes measures, in particular, by his action before the courts, to prevent crime;

(d)  (paragraph replaced);

(e)  (paragraph replaced);

(f)  (paragraph replaced);

(g)  performs such other functions as are assigned to him by the Government.

1965 (1st sess.), c. 16, s. 4; 1969, c. 26, s. 94; 1979, c. 67, s. 41; 1986, c. 86, s. 27; 1992, c. 61, s. 402; 1992, c. 57, s. 615; 1999, c. 40, s. 184.

5. The Attorney General issues letters patent, commissions and other documents under the Great Seal and countersigns the same, except such as should be countersigned by the Secretary General of the National Assembly.

He transmits letters patent respecting patented lands in the domain of the State to the Minister on whose recommendation they were issued and such Minister shall transmit them to the person entitled thereto.

1969, c. 26, s. 95; 1977, c. 11, s. 132; 1984, c. 51, s. 561; 1987, c. 23, s. 76; 1999, c. 40, s. 184.

6. (1)  The Government shall appoint by commission a Deputy Minister of Justice.

(2)  The Deputy Minister of Justice shall be exofficio the Deputy Attorney General.

1965 (1st sess.), c. 16, s. 5.

7. The Government, on the recommendation of the Prime Minister, may appoint one or more associate deputy ministers; such deputy ministers shall form part of the civil service as soon as they are appointed.

The Government shall appoint, from among the associate deputy ministers, the Deputy Registrar of Québec; it may also appoint, from among the other functionaries of the department, an Associate Deputy Registrar.

Each associate deputy minister shall be exofficio an assistant deputy attorney general and shall discharge under the authority of the Minister such duties and functions as he may determine.

1965 (1st sess.), c. 16, s. 6; 1969, c. 14, s. 44; 1969, c. 26, s. 96; 1982, c. 32, s. 116.

8. The Government shall also appoint, in accordance with the Public Service Act (chapter F-3.1.1), all other officers and employees required for the proper administration of the department.

1965 (1st sess.), c. 16, s. 7; 1965 (1st sess.), c. 14, s. 81; 1978, c. 15, s. 140; 1983, c. 55, s. 161.

9. The respective duties of the officers and employees of the department not expressly regulated by law or by the Government shall be determined by the Minister.

1965 (1st sess.), c. 16, s. 8.

9.1. (Repealed).

1992, c. 57, s. 616; 1996, c. 21, s. 51.

10. Under the direction of the Minister, the Deputy Minister shall have the supervision of the other officers and employees of the department and shall manage its current business and exercise such other powers as may be assigned to him by the Government.

1965 (1st sess.), c. 16, s. 9.

11. The authority of the deputy minister shall be that of the incumbent minister of the department; his orders as deputy minister and Deputy Attorney General must be carried out in the same manner as those of the Minister or of the Attorney General, as the case may be; his official signature shall give force and authority to any document within the jurisdiction of the department, or which under an Act of Québec must be signed by the Minister or the Attorney General.

1965 (1st sess.), c. 16, s. 10; 1978, c. 15, s. 140.

11.1. The management by the Minister of the human, physical and financial resources allocated to the courts of justice within the meaning of the Courts of Justice Act (chapter T-16), except municipal courts, to the bodies every member of which is a judge of the Court of Québec, to the Conseil de la magistrature and to the committee on the remuneration of the judges of the Court of Québec and the municipal courts is subject to the provisions of Chapters III to V and sections 73, 74, 75 and 78 of the Public Administration Act (chapter A-6.01).

However, sections 53, 75 and 78 do not apply to the management of those resources by the courts and bodies referred to in the first paragraph.

2000, c. 8, s. 162.

12. (Repealed).

1965 (1st sess.), c. 16, s. 11; 1986, c. 86, s. 28.

13. In any civil or penal action, any document purporting to be signed by the Minister or Attorney General or by the deputy minister or Deputy Attorney General shall be evidence of its contents and of the capacity of the signatory, until proof to the contrary.

1965 (1st sess.), c. 16, s. 12; 1986, c. 86, s. 29; 1999, c. 40, s. 184.

14. No deed, document or writing shall bind the department or be attributed to the Minister or the Attorney General unless signed by him or by the Deputy Minister or Deputy Attorney General, or by another officer duly authorized by the Minister or the Attorney General.

The Government may, however, on conditions fixed by it, allow the required signature to be affixed by means of an automatic device to those documents it determines.

The Government may also allow a facsimile of the required signature to be engraved, lithographed or printed on those documents it determines. In that case, the facsimile has the same value as the signature itself if the document is countersigned by a person authorized by the Minister.

1965 (1st sess.), c. 16, s. 13; 1978, c. 18, s. 7.

15. A copy of any document forming part of the archives of the department, certified as a true copy by the Minister or the deputy minister, shall have the same validity as the original.

1965 (1st sess.), c. 16, s. 14.

16. The Government may, upon the recommendation of the Minister, by commission under the Great Seal, in Her Majesty’s name, appoint, from among the members of the Barreau du Québec, such persons as it may choose His Majesty’s counsel learned in the law or, during the reign of a queen, Her Majesty’s counsel learned in the law.

Such persons shall bear, during the reign of a king, the title of King’s Counsel learned in the law or, during the reign of a queen, that of Queen’s Counsel learned in the law.

1965 (1st sess.), c. 16, s. 15; 1977, c. 5, s. 229.

16.1. Within six months following the end of each fiscal year, the Minister shall table a report of the activities of his department for that fiscal year in the National Assembly, if it is in session; if it is not sitting, he shall table it within thirty days after the opening of the next session or after resumption.

1978, c. 18, s. 8.

17. Notwithstanding any inconsistent legislative provision, the judicial costs and fees or other fees owed to an advocate or notary in the employ of the Government or a public agency for professional services rendered in the discharge of his office belong to the State or to the public agency and, when recovered, shall be paid into the Consolidated Revenue Fund or to the public agency.

“Public agency” means a legal person or agency to which the National Assembly, the Government or a minister appoints the majority of the members, to which the officers or employees are appointed in accordance with the Public Service Act (chapter F-3.1.1), or at least half of whose capital stock is derived from the Consolidated Revenue Fund.

1965 (1st sess.), c. 16, s. 16; 1977, c. 5, s. 14; 1977, c. 18, s. 5; 1978, c. 15, s. 140; 1980, c. 11, s. 63; 1983, c. 55, s. 161; 1999, c. 40, s. 184; 2000, c. 8, s. 242.

18. Any act of the Minister of Justice or of the deputy minister in a matter within the jurisdiction of the Attorney General or of the Deputy Attorney General shall be deemed to be the act of the Attorney General or of the Deputy Attorney General.

1965 (1st sess.), c. 16, s. 17.

DIVISION II

Repealed, 1992, c. 57, s. 617.

1992, c. 57, s. 617.

19. (Repealed).

1969, c. 78, s. 2; 1982, c. 17, s. 57; 1992, c. 57, s. 617.

19.1. (Repealed).

1982, c. 17, s. 58; 1992, c. 57, s. 617.

20. (Repealed).

1969, c. 78, s. 2; 1992, c. 57, s. 617.

21. (Repealed).

1969, c. 78, s. 2; 1992, c. 57, s. 617.

22. (Repealed).

1969, c. 78, s. 2; 1992, c. 57, s. 617.

DIVISION III REGISTRAR OF QUÉBEC

23. The Minister, in his capacity as Registrar of Québec, shall register all proclamations, commissions, letters patent and documents issued under the Great Seal and all the documents the registration of which is required by the Government.

He shall preserve the registers used for registration purposes under this section and keep them open for the examination of the public.

1969, c. 26, s. 98.

24. It shall be the duty of the Minister to deliver, sign and attest all copies of the registers and documents in his possession.

1969, c. 26, s. 98.

25. The Minister shall register promptly the documents mentioned in section 23, by depositing in a register a copy of each such document with a certificate establishing under his signature that it is an authentic copy of the original and that such copy is deposited for purposes of registration.

On the original document, he shall certify, over his signature, the date of such registration and the number of the volume and folio of the register in which such copy was deposited.

1969, c. 26, s. 98.

26. The Minister shall furnish and deliver copies of such letters patent and of such registrations and enrolments thereof and issue under his signature, to all persons requiring the same, certificates relating to such objects.

1969, c. 26, s. 98.

27. The Government shall make, and whenever it sees fit, amend or replace a tariff of the sums to be paid for the issuing and registering of commissions and documents, and for the delivery of copies certified by the Minister.

1969, c. 26, s. 98; 1991, c. 26, s. 1.

28. Every copy of the registration made at full length of any such letters patent, duly certified as such under the signature of the Minister, shall be authentic and shall be evidence of their registration, and shall have the same effect as the production in court of the said letters patent.

1969, c. 26, s. 98; 1999, c. 40, s. 184.

29. The signature of the Minister on copies of documents, registers and archives shall make proof of the fact that such documents, registers and archives exist and are lawfully in his possession.

Every copy signed by him shall be equivalent to the original itself in any court of justice, and any document or copy purporting to bear his signature is presumed to do so.

1969, c. 26, s. 98; 1999, c. 40, s. 184.

30. The signature of the Deputy Registrar in such capacity and the signature of the Associate Deputy Registrar in such capacity shall give force and authority to any document or registration within the competence of the department.

1969, c. 26, s. 98.

31. Any commissions, letters patent, charters of incorporation and orders or other public documents of any kind, issued by the Government, may be written, typewritten or printed upon ordinary paper.

1969, c. 26, s. 98; 1977, c. 5, s. 14.

32. The Government may regulate the quality and format of the paper used for documents subject to registration by the Minister, the arrangement of the text of such documents, the style of copies to be registered by deposit, the form of certificates of registration and the manner of keeping the registers.

1969, c. 26, s. 98.

DIVISION III.1 SPECIAL FUND

1991, c. 26, s. 2.

32.1. The register fund of the Ministère de la Justice is hereby established for the purpose of financing the goods and services provided under the authority of the Minister which relate to

(1)  the registration and publication of documents of the State, personal rights, movable real rights and other documents required by law to be registered and published in the register of personal and movable real rights;

(2)  the certification required to ensure the security of electronic exchanges involving the Government, government departments and government bodies, within the scope of functions delegated pursuant to section 66 of the Public Administration Act (chapter A-6.01), or any other activity arising from functions assigned to the Minister by the Government or from government mandates given to the Minister to ensure that the expertise developed for the register of personal and movable real rights is profitably utilized in matters relating to the security of information technologies;

(3)  any register the keeping of which is the responsibility of the Minister of Justice or of the Personal and Movable Real Rights Registrar;

(4)  (subparagraph repealed);

(5)  (subparagraph repealed);

(6)  (subparagraph repealed).

The Government shall determine the date on which the fund begins to operate, the nature of the goods and services it shall serve to finance, its assets and liabilities and the nature of the costs to be charged thereto.

1991, c. 26, s. 2; 1996, c. 21, s. 52; 2000, c. 42, s. 190; 2002, c. 20, s. 1.

32.2. The fund shall be constituted of the following sums, except interest:

(1)  the sums collected for the goods and services financed by the fund;

(2)  the sums paid by the Minister of Justice out of the appropriations allocated for that purpose by Parliament;

(3)  the sums paid under section 32.5 or under the first paragraph of section 32.6.

1991, c. 26, s. 2; 2000, c. 42, s. 191.

32.3. 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.

1991, c. 26, s. 2.

32.4. The management of the sums paid into the fund shall be entrusted to the Minister of Finance. Such sums shall be paid to his order and deposited with the financial institutions he determines.

The Minister of Justice 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.

1991, c. 26, s. 2; 2000, c. 15, s. 116.

32.5. The Minister of Justice may, as manager of the special fund, borrow from the Minister of Finance sums which will be taken out of the financing fund of the Ministère des Finances.

1991, c. 26, s. 2.

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

He 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 paid into the special fund that is not required for its operation.

Any advance paid to the special fund or to the consolidated revenue fund shall be repayable out of the fund that received it.

1991, c. 26, s. 2.

32.7. All surpluses accumulated by the special fund shall be paid into the consolidated revenue fund on the dates and to the extent determined by the Government.

1991, c. 26, s. 2.

32.8. Notwithstanding any provision to the contrary, the Minister of Finance shall, in the event of a deficiency in the consolidated revenue fund, take out of the special fund the sums required for the execution of a judgment against the State that has become res judicata.

1991, c. 26, s. 2; 1999, c. 40, s. 184.

32.9. 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.

1991, c. 26, s. 2; 1991, c. 73, s. 7; 2000, c. 8, s. 163; 2000, c. 15, s. 117.

32.10. The fiscal year of the fund shall end on 31 March each year.

1991, c. 26, s. 2.

DIVISION III.2 MANAGEMENT AND DISPOSITION OF PROPERTY SEIZED, RESTRAINED OR FORFEITED PURSUANT TO FEDERAL LEGISLATION

1996, c. 64, s. 1.

32.11. This division applies to property seized, restrained or forfeited pursuant to the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46), the Food and Drugs Act (Revised Statutes of Canada, 1985, chapter F-27), the Narcotic Control Act (Revised Statutes of Canada, 1985, chapter N-1) or the Controlled Drugs and Substances Act (Statutes of Canada, 1996, chapter 19) or pursuant to any rule of law in connection with any offence under the said Code or the said Acts and in respect of which the proceedings are conducted by the Attorney General.

1996, c. 64, s. 1.

32.12. The Attorney General is responsible for the custody and management of seized property where, on his application, the property has been entrusted to him by a justice of the peace or competent legal authority in accordance with the law.

The Attorney General is also responsible for the custody and management of property seized pursuant to section 462.32 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) of which he has taken control.

1996, c. 64, s. 1.

32.13. The Attorney General is responsible for the custody and management of property restrained pursuant to a restraint order which, on his application, has been entrusted to him by the competent legal authority.

1996, c. 64, s. 1.

32.14. The Attorney General is responsible for the custody and management of property forfeited to the State and of fines corresponding to the value of the property.

1996, c. 64, s. 1.

32.15. Property which, under section 43 of the Food and Drugs Act (Revised Statutes of Canada, 1985, chapter F-27) or section 15 of the Narcotic Control Act (Revised Statutes of Canada, 1985, chapter N-1), is remitted to the Attorney General so that he may dispose of it is deemed to be property without an owner and is appropriated by the State and managed by the Attorney General who has custody thereof.

1996, c. 64, s. 1.

32.16. The Attorney General shall, as regards the management of forfeited property and property referred to in section 32.15, act as if he were charged with the full administration of the property and may dispose of the property without authorization or formality.

1996, c. 64, s. 1.

32.17. The Attorney General may entrust the General Purchasing Director designated under the Act respecting the Service des achats du gouvernement (chapter S-4) or any other person he designates with the mandate to manage the property of which he has custody and with the responsibility for disposing of forfeited property and property referred to in section 32.15.

1996, c. 64, s. 1.

32.18. The Attorney General may, on the conditions fixed by the Government, make a short-term loan to the consolidated revenue fund of any part of the sums under his custody or management. Any loan made to the consolidated revenue fund is repayable out of the fund.

1996, c. 64, s. 1.

32.19. The proceeds of forfeited property, of fines corresponding to the value of the property and of property referred to in section 32.15 shall, subject to the provisions of section 32.20, be paid into the consolidated revenue fund on the dates and to the extent determined by the Government.

1996, c. 64, s. 1.

32.20. The Government may, in the circumstances and in the proportions it determines, allow the property referred to in section 32.19 to be shared in whole or in part with one or more of the following government departments, bodies or organizations:

(1)  the Fonds d’aide aux victimes d’actes criminels;

(2)  the municipal bodies or native communities whose police forces, including special constables answerable to those communities, participated in the operations that led to the forfeiture of the property or to the imposition of the fines and, where the police forces that participated in the operations are not subject to the Police Act (chapter P-13.1), the authorities responsible for those police forces;

(3)  community organizations having crime prevention, particularly among young people, as their primary object;

(4)  the Ministère de la Sécurité publique where the Sûreté du Québec participated in the investigations that led to the forfeiture of the property or to the imposition of fines;

(5)  the Ministère de la Justice.

The Attorney General shall, where applicable, pay into the Fonds d’aide aux victimes d’actes criminels or to the organizations referred to in subparagraphs 2 and 3 of the first paragraph the sums allotted according to the shares determined. In addition, the Attorney General shall pay the sums allotted to the Ministère de la Sécurité publique and to the Ministère de la Justice as well as any unshared balance remaining into the consolidated revenue fund.

1996, c. 64, s. 1; 2000, c. 63, s. 1.

32.21. The sums allotted to the Ministère de la Sécurité publique and to the Ministère de la Justice under section 32.20 constitute, for all intents, an appropriation for the fiscal year in which they are paid into the consolidated revenue fund and are used by the departments for the purposes of crime prevention, detection and control.

1996, c. 64, s. 1.

32.22. The Minister shall report on all proceeds of property referred to in section 32.19 and on the sharing of proceeds pursuant to section 32.20 in the annual report tabled by the Minister in the National Assembly.

1996, c. 64, s. 1.

DIVISION III.3 CIVIL STATUS FUND

2005, c. 24, s. 43.

32.23. The civil status fund is governed by this division; the purpose of the fund is to finance the property and services furnished under the authority of the Minister in connection with the registration of acts of civil status.

The Government determines the assets and liabilities of the fund. It also determines the nature of the goods and services the fund finances and the nature of the costs chargeable to it.

2005, c. 24, s. 43.

32.24. The fund is made up of the following sums, without the interest they generate:

(1)  the sums collected for the property and services financed by the fund;

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

(3)  the sums paid under section 32.27 or the first paragraph of section 32.28.

2005, c. 24, s. 43.

32.25. The sums required for the remuneration and expenses pertaining to employee 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 are paid out of the fund.

2005, c. 24, s. 43.

32.26. The management of the sums paid into the fund is entrusted to the Minister of Finance. The sums are paid to the order of the Minister of Finance and deposited with the financial institutions the Minister determines.

The Minister of Justice keeps the books of account of the fund and records the financial commitments chargeable to it. The Minister also ensures that the commitments and the payments arising from them do not exceed the available balances and are consistent with them.

2005, c. 24, s. 43.

32.27. As manager of the fund, the Minister of Justice may 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).

2005, c. 24, s. 43.

32.28. With the authorization of the Government and subject to the conditions it determines, the Minister of Finance may advance to the civil status 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 paid into the civil status fund that is not required for its operation.

An advance paid to the civil status fund or the consolidated revenue fund is repayable out of the fund that received it.

2005, c. 24, s. 43.

32.29. All surpluses accumulated by the civil status fund are paid into the consolidated revenue fund on the dates and to the extent determined by the Government.

2005, c. 24, s. 43.

32.30. In the event of a deficiency in the consolidated revenue fund and despite any provision to the contrary, the Minister of Finance must draw from the civil status fund the sums required for the execution of a judgment against the State that has become res judicata.

2005, c. 24, s. 43.

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

2005, c. 24, s. 43.

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

2005, c. 24, s. 43.

DIVISION IV

This Division ceased to have effect on 17 April 1987.

33. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 16 of the statutes of 1965 (1st session), in force on 31 December 1977, is repealed, except sections 21 to 24, effective from the coming into force of chapter M-19 of the Revised Statutes.