M-44 - National Museums Act

À jour au 29 mai 2015

Ce document a valeur officielle.

chapter M-44

National Museums Act

CHAPTER I INTERPRETATION

1. In this Act, unless the context indicates a contrary meaning, the word “museum” means a national museum established under this Act.

1983, c. 52, s. 1.

CHAPTER II ESTABLISHMENT

2. A national museum is hereby established under the name of the “Musée national des beaux-arts du Québec”.

1983, c. 52, s. 2; 2002, c. 64, s. 1.

3. A national museum is hereby established under the name of the “Musée d’Art contemporain de Montréal”.

1983, c. 52, s. 3.

3.1. A national museum is hereby established under the name of “Musée de la Civilisation”.

1984, c. 33, s. 1.

CHAPTER III CONSTITUTION AND ORGANIZATION

4. A museum is a legal person.

1983, c. 52, s. 4; 1999, c. 40, s. 195.

5. A museum is a mandatary of the State.

The property of a museum forms part of the domain of the State but the performance of its obligations may be levied against its property other than the works of man or the products of nature included in its collections.

1983, c. 52, s. 5; 1999, c. 40, s. 195.

6. The head office of a museum shall be at the place determined by the Government; notice of the address or change of address of the head office is published in the Gazette officielle du Québec.

1983, c. 52, s. 6.

7. The affairs of a museum are administered by a board of directors consisting of nine members, including a chairman, appointed by the Government.

One of the members is appointed on the recommendation of the local municipality in whose territory the head office of the museum is located or, if that territory is comprised in that of an metropolitan community, on the recommendation of that metropolitan community.

The remaining members are appointed after consultation with socio-economic and cultural organizations, in particular organizations interested in museology.

The by-laws of a museum may provide for other categories of members; these are non-voting members.

1983, c. 52, s. 7; 1990, c. 85, s. 122; 1996, c. 2, s. 743; 2000, c. 56, s. 218; 2002, c. 64, s. 2.

8. The Government shall fix the salary, fees or allowances of the members and any indemnities they are entitled to.

1983, c. 52, s. 8.

9. The chairman is appointed for a term of not over five years; the other members are appointed for a term of not over three years.

No members may be appointed for more than two consecutive terms nor, in the case of the chairman, may the second term exceed three years.

1983, c. 52, s. 9.

10. The chairman shall preside at meetings of the board of directors, supervise its operations and assume all the other duties assigned to him by by-law of the museum.

1983, c. 52, s. 10.

10.1. The members of the board of directors shall designate a vice-chairman from among their number.

If the chairman is absent or unable to act, the vice-chairman shall act as chairman of the board of directors.

2002, c. 64, s. 3.

11. A member remains in office at the expiry of his term until he is replaced or reappointed.

Any vacancy among the members is filled according to the mode prescribed for the appointment of the member to be replaced.

1983, c. 52, s. 11.

12. Five members are a quorum at sittings of a board of directors.

1983, c. 52, s. 12.

13. In case of a tie-vote, the chairman has a casting vote.

1983, c. 52, s. 13.

14. If a member is absent or unable to act, the Government may, on the conditions it determines, appoint a person as interim member, according to the mode of appointment provided in section 7.

1983, c. 52, s. 14; 1999, c. 40, s. 195.

15. A museum shall appoint a director general; his salary, allowances, indemnities and other conditions of employment are established by contract binding him to the museum.

1983, c. 52, s. 15.

16. The director general is responsible for the management of the museum within the scope of its by-laws.

1983, c. 52, s. 16.

17. The director general shall devote his full time to his official duties; however, he may simultaneously carry out the duties of secretary.

1983, c. 52, s. 17.

18. A museum may appoint a secretary and any other employee necessary for its functions.

1983, c. 52, s. 18.

19. The secretary and the other members of the personnel of a museum shall be appointed in accordance with the staffing plan established by by-law of the museum.

Subject to the provisions of a collective agreement, every museum shall determine, by by-law, the standards and scales of remuneration of the members of its personnel in accordance with the conditions defined by the Government.

1983, c. 52, s. 19; 2000, c. 8, s. 174.

20. A museum may make by-laws to provide for its internal management.

The by-laws may, in particular,

(1)  establish internal management standards and surveillance and security measures for the property found in its establishment ;

(2)  determine conditions for the acquisition, alienation, leasing, lending, donation, exchange, preservation or restoration of objects that are the works of man or the products of nature ;

(3)  establish classes of non-voting members and determine their duties, powers and obligations ;

(4)  establish an executive committee composed of not fewer than three members of the board of directors, including the chairman, determine its functions and powers and fix the term of office of its members ;

(5)  establish committees to advise the museum on the acquisition of property and any other matter within the scope of its functions, determine their functions and powers and fix the term of office of their members.

The members of the committees formed under subparagraph 5 of the second paragraph shall receive no remuneration except in such cases, on such conditions and to such extent as the Government may determine. The members are entitled, however, to the reimbursement of the expenses they incur in the exercise of their functions, on the conditions and to the extent determined by the Government.

1983, c. 52, s. 20; 2002, c. 64, s. 4.

21. No member may, under pain of forfeiture of office, have a direct or indirect interest in an undertaking causing his personal interest to conflict with his official duties.

However, forfeiture is not incurred if the interest devolves to him by succession or gift, provided he renounces or disposes of it with dispatch.

1983, c. 52, s. 21.

22. The minutes of the meetings of the board of directors, approved by the board and certified true by the chairman or any person authorized to do so by a museum, are authentic.

Similarly, documents or copies emanating from a museum or forming part of its records are authentic if so certified.

1983, c. 52, s. 22; 2002, c. 64, s. 5.

CHAPTER IV FUNCTIONS AND POWERS

23. The functions of the Musée national des beaux-arts du Québec are to make known, promote and preserve Québec art of all periods, from ancient art to contemporary art, and to ensure a place for international art through acquisitions, exhibitions and other cultural activities.

1983, c. 52, s. 23; 2002, c. 64, s. 6.

24. The functions of the Musée d’Art contemporain de Montréal are to make known, promote and preserve contemporary Québec art and to ensure a place for international contemporary art through acquisitions, exhibitions and other cultural activities.

1983, c. 52, s. 24.

24.1. The functions of the Musée de la Civilisation are

(1)  to make known the history and the various cultural elements of our civilization, particularly the social and material aspects of the cultures of the occupants of the territory of Québec and the cultures that have contributed to the enrichment of those cultures;

(2)  to ensure the preservation and development of the ethnographic collection and other representative collections of our civilization;

(3)  to ensure the participation of Québec in the international network of museological events through acquisitions, exhibitions and other cultural activities.

1984, c. 33, s. 2.

25. A museum may, in particular, in the exercise of its functions,

(1)  acquire, alienate, lease, lend, borrow, exchange, preserve or restore objects which are the works of man or the products of nature according to the conditions it stipulates by by-law ;

(1.1)  enter into agreements or participate in joint projects with any person or body ;

(1.2)  enter into an agreement authorized by law with a government other than the government of Québec, with a department of such a government, with an international organization or with a body or agency of such a government or organization ;

(2)  solicit and receive gifts, legacies, subsidies or other contributions, provided that any attached conditions are consistent with the exercise of its functions ;

(3)  promote the works of man or the products of nature in Québec and abroad through exhibitions or by any other appropriate means ;

(4)  ensure coordination and establish methods of collaboration with other persons or partnerships in the field of museology.

1983, c. 52, s. 25; 1999, c. 40, s. 195; 2002, c. 64, s. 7.

26. A museum shall not, without obtaining the prior authorization of the Government,

(1)  acquire, alienate or hypothecate an immovable ;

(1.1)  lease an immovable for more than two years ;

(2)  (paragraph repealed) ;

(3)  contract a loan that increases the aggregate of sums borrowed by the museum and outstanding above the amount determined by the Government.

1983, c. 52, s. 26; 2002, c. 64, s. 8.

27. (Repealed).

1983, c. 52, s. 27; 2000, c. 8, s. 175; 2002, c. 64, s. 9.

CHAPTER V GOVERNMENT GUARANTEES

28. The Government may determine the conditions of any subsidy it grants to a museum to cover the whole or part of the payment in capital and interest of any loan or other obligation of the museum.

1983, c. 52, s. 28.

29. The Government may guarantee, on such conditions as it may fix, the payment in capital and interest of any loan or other obligation of a museum.

The sums required for the administration of this section are taken out of the Consolidated Revenue Fund.

1983, c. 52, s. 29.

CHAPTER VI ACCOUNTS AND REPORTS

30. The fiscal period of a museum ends on 31 March each year.

1983, c. 52, s. 30.

31. A museum shall, on the date fixed by the Minister, submit a three-year plan of its activities to the Minister. The plan must be consistent with the orientations and objectives given to the museum by the Minister.

The plan shall be established in the form determined by the Minister and contain the information the Minister requires.

The plan must be submitted to the Minister for approval.

1983, c. 52, s. 31; 2002, c. 64, s. 10.

32. (Repealed).

1983, c. 52, s. 32; 2000, c. 8, s. 176; 2002, c. 64, s. 11.

33. A museum shall, within four months from the end of its fiscal period, file its financial statements and a report of its activities for the preceding fiscal period with the Minister.

The financial statements and the report of activities must contain all the information required by the Minister.

1983, c. 52, s. 33.

34. The Minister shall table the report of activities and the financial statements of a museum before the National Assembly within 30 days of receiving them, if the Assembly is in session or, if it is not sitting, within 30 days of the next session or of resumption.

1983, c. 52, s. 34.

35. A museum shall also furnish to the Minister any information he requires on its activities.

1983, c. 52, s. 35.

36. The books and accounts of a museum must be audited every year by the Auditor General and whenever the Government so orders.

1983, c. 52, s. 36.

37. The auditor’s report must accompany the report of activities and the financial statements of a museum.

1983, c. 52, s. 37.

38. The sums received by a museum must be allocated to the payment of its obligations. Any surplus shall be retained by the museum unless the Government decides otherwise.

1983, c. 52, s. 38; 2002, c. 64, s. 12.

CHAPTER VII

Repealed, 2002, c. 64, s. 13.

2002, c. 64, s. 13.

39. (Repealed).

1983, c. 52, s. 39; 2002, c. 64, s. 13.

40. (Repealed).

1983, c. 52, s. 40; 2002, c. 64, s. 13.

CHAPTER VIII SPECIAL, TRANSITIONAL AND FINAL PROVISIONS

41. No person may use the name “Musée national des beaux-arts du Québec”, “Musée d’Art contemporain de Montréal” or “Musée de la Civilisation” in Québec to designate any immovable, undertaking or body without the written authorization of the museum concerned.

1983, c. 52, s. 41; 1984, c. 33, s. 3; 2002, c. 64, s. 14.

42. The Musée du Québec and the Musée d’Art contemporain de Montréal established under this Act, become, from 9 November 1984, owners of the works of man and the products of nature included in their collections, located in the Musée du Québec and the Musée d’Art contemporain de Montréal, respectively and which are part of the domain of the State.

1983, c. 52, s. 42; 1999, c. 40, s. 195.

43. Unless otherwise required by the context, the Musée du Québec and the Musée d’Art contemporain de Montréal are substituted of right for the Musée du Québec division and the Musée d’Art contemporain de Montréal division, respectively, at the Ministère des Affaires culturelles, in any regulation, by-law, order in council, order, directive, contract or other document where those divisions are mentioned.

1983, c. 52, s. 43.

44. Any person in the employ of the Musée national des beaux-arts du Québec may apply for a transfer to a position in the civil service or enter a promotion-only qualification process in accordance with the Public Service Act (chapter F-3.1.1) if, on 16 May 1984, he was a civil servant with permanent tenure of the Ministère des Affaires culturelles and if his appointment to the Musée du Québec occurred within six months after that date.

This section also applies to a civil servant with permanent tenure of the Ministère des Finances, the Ministère de la Justice or the Ministère des Travaux publics who was in service at the Ministère des Affaires culturelles on 16 May 1984 and is in the employ of the Musée national des beaux-arts du Québec.

1983, c. 52, s. 44; 1983, c. 55, s. 161; 2002, c. 64, s. 15; 2013, c. 25, s. 34.

45. Any person in the employ of the Musée d’Art contemporain de Montréal may apply for a transfer to a position in the civil service or enter a promotion-only qualification process in accordance with the Public Service Act (chapter F-3.1.1) if, on 16 May 1984, he was a civil servant with permanent tenure of the Ministère des Affaires culturelles and if his appointment to the Musée d’Art contemporain de Montréal occurred within six months after that date.

This section also applies to a civil servant with permanent tenure of the Ministère des Finances, the Ministère de la Justice or the Ministère des Travaux publics who was in service at the Ministère des Affaires culturelles on 16 May 1984 and is in the employ of the Musée d’Art contemporain de Montréal.

1983, c. 52, s. 45; 1983, c. 55, s. 161; 2013, c. 25, s. 34.

45.1. Any person in the employ of the Musée de la Civilisation may apply for a transfer to a position in the public service or enter a promotion-only qualification process in accordance with the Public Service Act (chapter F-3.1.1) if, on 19 December 1984, he was a public servant with permanent tenure of the Ministère des Affaires culturelles and if his appointment to the Musée de la Civilisation occurred within six months after that date.

The first paragraph also applies to a civil servant with permanent tenure of the Ministère des Finances, the Ministère de la Justice or the Ministère des Travaux publics who was in service at the Ministère des Affaires culturelles on 19 December 1984 and is in the employ of the Musée de la Civilisation.

1984, c. 33, s. 4; 2013, c. 25, s. 34.

46. Section 35 of the Public Service Act (chapter F-3.1.1) applies to an employee contemplated in section 44, 45 or 45.1 who enters a promotion-only qualification process for a position in the civil service.

1983, c. 52, s. 46; 1983, c. 55, s. 161; 1984, c. 33, s. 5; 2013, c. 25, s. 34.

47. Where an employee contemplated in section 44, 45 or 45.1, as the case may be, applies for a transfer or a promotion-only qualification process, he may require the chairman of the Conseil du trésor to give him an opinion on the classification he would have in the public service. The opinion must take into account the classification that the employee had in the public service on the date of his termination of employment and the experience and years of formal training he has acquired since he has been in the employ of the Musée national des beaux-arts du Québec, the Musée d’Art contemporain de Montréal or the Musée de la Civilisation.

Where an employee is transferred pursuant to the first paragraph, the deputy minister or the chief executive officer shall establish his classification in accordance with the opinion contemplated in the first paragraph.

Where an employee is promoted pursuant to section 44, 45 or 45.1, as the case may be, his classification must take account of the criteria provided in the first paragraph.

1983, c. 52, s. 47; 1983, c. 55, s. 161; 1984, c. 33, s. 6; 1996, c. 35, s. 19; 2002, c. 64, s. 16; 2013, c. 25, s. 34.

48. Where all or some of the activities of the Musée national des beaux-arts du Québec, the Musée d’Art contemporain de Montréal or the Musée de la Civilisation cease or in case of a lack of work, the employee contemplated in section 44, 45 or 45.1, as the case may be, is entitled to be placed on reserve in the public service with the classification he had in the public service on the date of his termination of employment.

In the case of this section, the chairman of the Conseil du trésor shall, where applicable, assign the employee a classification that takes account of the criteria provided in the first paragraph of section 47.

1983, c. 52, s. 48; 1983, c. 55, s. 161; 1984, c. 33, s. 7; 1996, c. 35, s. 19; 2002, c. 64, s. 17.

49. A person placed on reserve pursuant to section 48 remains in the employ of the Musée national des beaux-arts du Québec, the Musée d’Art contemporain de Montréal or the Musée de la Civilisation, as the case may be, until the chairman of the Conseil du trésor is able to place him.

1983, c. 52, s. 49; 1983, c. 55, s. 161; 1984, c. 33, s. 8; 1996, c. 35, s. 19; 2002, c. 64, s. 18.

50. Subject to any rights of action which may exist under a collective agreement, an employee contemplated in section 44, 45 or 45.1 who is removed or dismissed may appeal therefrom in accordance with section 33 of the Public Service Act (chapter F-3.1.1).

1983, c. 52, s. 50; 1983, c. 55, s. 161; 1984, c. 27, s. 110; 1984, c. 33, s. 9.

51. The associations of employees certified in accordance with Chapter IV of the Public Service Act (chapter F-3.1.1) which represent groups of employees at the Ministère des Affaires culturelles on 16 May 1984 continue to represent those employees at the Musée du Québec, at the Musée d’Art contemporain de Montréal or at the Musée de la Civilisation, as the case may be, until 31 December 1985.

The associations of employees also represent, according to the groups contemplated, the future employees of either museum until 31 December 1985.

The following collective agreements apply to the employees of a museum so far as they are applicable:

(1)  the collective agreements filed in the office of the labour commissioner general in accordance with the Act respecting the conditions of employment in the public sector (1982, chapter 45);

(2)  the collective agreement signed on 21 April 1978 between the Syndicat des agents de la paix de la fonction publique and the Gouvernement du Québec;

(3)  every collective agreement between the Gouvernement du Québec and the Syndicat des constables spéciaux du gouvernement du Québec signed after 22 December 1983 for which the expiration date is 31 December 1985.

Notwithstanding the foregoing, in no case may the provisions of the described collective agreements that regard security of employment apply to employees contemplated in the second paragraph.

The regulations mentioned in Schedule I apply to the employees of either museum who were contemplated by those regulations before they were transferred, so far as the provisions of the collective agreements to which they refer are applicable.

1983, c. 52, s. 51; 1983, c. 55, s. 161; 1984, c. 33, s. 10.

52. (Amendment integrated into c. R-12, s. 55).

1983, c. 52, s. 52.

53. (Omitted).

1983, c. 52, s. 53.

54. Every provision of a regulation, by-law, order in council or order made under the Act respecting museums (chapter M-43) remains in force.

1983, c. 52, s. 54.

55. The Minister of Culture and Communications is responsible for the administration of this Act.

1983, c. 52, s. 55; 1992, c. 65, s. 43; 1994, c. 14, s. 34.

56. (This section ceased to have effect on 16 May 1989).

1983, c. 52, s. 56; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

57. (Omitted).

1983, c. 52, s. 57.

SCHEDULE I

(1) The “Regulation respecting the conditions of employment of office staff, technicians and staff of comparable rank, certain employees at the official residence of the Lieutenant-Governor, minister’s chauffeurs and workmen” made on 13 April 1982 by ministerial order 188-82 approved by C.T. 138835 of 27 April 1982, amended on 2 December 1982 by ministerial order 263-82 approved by C.T. 142047 of 7 December 1982, amended on 17 December 1982 by ministerial order 269-82 approved by C.T. 142284 of 20 December 1982 and amended on 10 May 1983 by ministerial order 292-83 approved by C.T. 144821 of 7 June 1983.

(2) The “Regulation respecting the conditions of employment of professional staff” made on 12 January 1982 by ministerial order 187-82 approved by C.T. 137510 of 16 February 1982, amended on 29 March 1982 by ministerial order 215-82 approved by C.T. 139121 of 11 May 1982, amended on 2 December 1982 by ministerial order 261-82 approved by C.T. 142045 of 7 December 1982, amended on 17 December 1982 by ministerial order 268-82 approved by C.T. 142283 of 20 December 1982, and amended on 10 May 1983 by ministerial order 294-83 approved by C.T. 144823 of 7 June 1983.

(3) The “Regulation respecting the remuneration, social benefits and other conditions of employment of certain civil servants” (R.R.Q., 1981, chapter F-3.1, r. 19), amended on 2 December 1982 by ministerial order 262-82 approved by C.T. 142046 of 7 December 1982, amended on 28 February 1983 by ministerial order 279-83 approved by C.T. 143074 of 1 March 1983 and amended on 10 May 1983 by ministerial order 295-83 approved by C.T. 144824 of 7 June 1983.

1983, c. 52, Schedule I.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 52 of the statutes of 1983, in force on 1 July 1984, is repealed, except section 57, effective from the coming into force of chapter M-44 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 3.1, 23, 24, 25, 42, 43, 53 and 54 of chapter 52 of the statutes of 1983, in force on 1 March 1985, are repealed effective from the coming into force of the updating to 1 March 1985 of chapter M-44 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 24.1 and 45.1 of chapter 52 of the statutes of 1983, in force on 1 September 1985, are repealed effective from the coming into force of the updating to 1 September 1985 of chapter M-44 of the Revised Statutes.