m-44 - National Museums Act

À jour au 31 août 2024

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.

4. A museum is a legal person.

1983, c. 52, s. 4; 1999, c. 40, s. 195; 2016, c. 32, s. 1.

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; 2016, c. 32, s. 1.

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; 2016, c. 32, s. 1.

CHAPTER III ORGANIZATION

1983, c. 52, c. III; 2016, c. 32, s. 2.

DIVISION I COMPOSITION OF A MUSEUM’S BOARD OF DIRECTORS

2016, c. 32, s. 3.

7. The affairs of a museum are administered by a board of directors composed of 11 to 15 members appointed by the Government, as follows:

(1)  the chair of the board of directors;

(2)  the director general;

(3)  one person appointed on the recommendation of the local municipality in whose territory the museum’s head office is located or, if that territory is included in that of a metropolitan community, on the recommendation of that metropolitan community; and

(4)  not more than 12 other persons, appointed on the Minister’s recommendation, taking into consideration the expertise and experience profile established by the board and after consultation with socio-economic and cultural organizations, in particular organizations interested in museology.

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; 2016, c. 32, s. 3; 2022, c. 19, s. 226.

8. (Repealed).

1983, c. 52, s. 8; 2016, c. 32, s. 3; 2022, c. 19, s. 227.

9. (Repealed).

1983, c. 52, s. 9; 2016, c. 32, s. 3; 2022, c. 19, s. 227.

10. Appointments of members of the board of directors must be representative of Québec society, including by ensuring the presence of persons from a variety of communities.

1983, c. 52, s. 10; 2016, c. 32, s. 3; 2022, c. 19, s. 228.

10.1. (Replaced).

2002, c. 64, s. 3; 2016, c. 32, s. 3.

11. The director general may also be designated as president and chief executive officer.

1983, c. 52, s. 11; 2016, c. 32, s. 3; 2022, c. 19, s. 229.

12. (Repealed).

1983, c. 52, s. 12; 2016, c. 32, s. 3; 2022, c. 19, s. 230.

13. (Repealed).

1983, c. 52, s. 13; 2016, c. 32, s. 3; 2022, c. 19, s. 230.

14. (Repealed).

1983, c. 52, s. 14; 1999, c. 40, s. 195; 2016, c. 32, s. 3; 2022, c. 19, s. 230.

15. A vacancy on the board is filled in accordance with the rules governing the appointment of the member to be replaced.

Absence from the number of board meetings determined in the by-laws made under section 22.7 constitutes a vacancy.

1983, c. 52, s. 15; 2016, c. 32, s. 3.

16. (Repealed).

1983, c. 52, s. 16; 2016, c. 32, s. 3; 2022, c. 19, s. 230.

DIVISION II OPERATION

2016, c. 32, s. 3.

§ 1 . —

Repealed, 2022, c. 19, s. 230.

2016, c. 32, s. 3; 2022, c. 19, s. 230.

17. (Repealed).

1983, c. 52, s. 17; 2016, c. 32, s. 3; 2022, c. 19, s. 230.

18. (Repealed).

1983, c. 52, s. 18; 2016, c. 32, s. 3; 2022, c. 19, s. 230.

19. (Repealed).

1983, c. 52, s. 19; 2000, c. 8, s. 174; 2016, c. 32, s. 3; 2022, c. 19, s. 230.

§ 2 . —

Repealed, 2022, c. 19, s. 230.

2016, c. 32, s. 3; 2022, c. 19, s. 230.

20. (Repealed).

1983, c. 52, s. 20; 2002, c. 64, s. 4; 2016, c. 32, s. 3; 2022, c. 19, s. 230.

21. (Repealed).

1983, c. 52, s. 21; 2016, c. 32, s. 3; 2022, c. 19, s. 230.

22. (Repealed).

1983, c. 52, s. 22; 2002, c. 64, s. 5; 2016, c. 32, s. 3; 2022, c. 19, s. 230.

§ 3 . — Responsibilities and functions of a museum’s board of directors

2016, c. 32, s. 3.

22.1. (Repealed).

2016, c. 32, s. 3; 2022, c. 19, s. 230.

22.2. A museum shall adopt a general collections management policy that includes

(1)  the lines of development chosen for its collections in light of its mission and exhibition space;

(2)  its acquisition policy; and

(3)  its reserve-space management policy.

The general policy must be established in accordance with the form and content determined by the Minister, who may, in particular, specify the property or classes of property that need not be covered by the policy.

Not later than 15 days after adopting the policy or making any amendment to it, the museum shall send a copy to the Minister and make it available on its website.

Unless the Minister specifies otherwise, a museum’s general collections management policy must be updated at least once every five years.

2016, c. 32, s. 3.

22.3. (Repealed).

2016, c. 32, s. 3; 2022, c. 19, s. 230.

22.4. (Repealed).

2016, c. 32, s. 3; 2022, c. 19, s. 230.

22.5. The board of directors may establish committees, in particular to advise it on the acquisition of property.

Subject to the provisions of this Act, the board shall determine the composition, functions, duties and powers of the committees, the rules governing the administration of their affairs and any other measure useful for their operation.

2016, c. 32, s. 3; 2022, c. 19, s. 231.

22.6. Members of committees established under section 22.5 who are not members of the board of directors receive no remuneration except in the cases, on the conditions and to the extent that may be determined by the Government. However, they are entitled to the reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.

2016, c. 32, s. 3; 2022, c. 19, s. 232.

22.7. The board may make by-laws to govern the internal management of the museum.

The by-laws may, in particular,

(1)  provide that a member’s absence from the number of board meetings they determine constitutes a vacancy in the cases and circumstances they specify;

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

(3)  determine conditions for the acquisition, alienation, leasing, lending, borrowing, donation, exchange, preservation or restoration of property that are the works of man or the products of nature.

2016, c. 32, s. 3.

22.8. The quorum at board meetings is a majority of the board members, including the chair of the board or the director general.

Board decisions are made by a majority vote of the members present.

2016, c. 32, s. 3; 2022, c. 19, s. 233.

22.9. No deed, document or writing binds a museum, or may be attributed to it, unless it is signed by the director general or, to the extent and on the conditions provided by a by-law of the museum, by another person authorized to do so.

The by-law may also, subject to the conditions it determines, allow a required signature to be affixed by means of an automatic device to the documents it determines, allow the signature to be electronic, or allow a facsimile of a signature to be engraved, lithographed or printed on such documents. However, the facsimile has the same force as the signature itself only if the document is countersigned by a person authorized by the chair of the board or the director general.

2016, c. 32, s. 3.

22.10. The minutes of board meetings, approved by the board and certified true by the chair of the board or by any other person authorized to do so by a by-law of the museum, are authentic. This also applies to documents or copies of documents emanating from a museum or forming part of its records, provided they are so certified.

2016, c. 32, s. 3.

§ 4 . — A museum’s director general

2016, c. 32, s. 3.

22.11. (Repealed).

2016, c. 32, s. 3; 2022, c. 19, s. 234.

22.12. (Repealed).

2016, c. 32, s. 3; 2022, c. 19, s. 234.

22.13. The office of director general is a full-time position.

2016, c. 32, s. 3.

22.14. (Repealed).

2016, c. 32, s. 3; 2022, c. 19, s. 234.

22.15. The board may designate a museum personnel member to temporarily exercise the functions of the director general when the latter is absent or unable to act.

2016, c. 32, s. 3.

§ 5 . — A museum’s secretary and other personnel members

2016, c. 32, s. 3.

22.16. A museum may appoint a secretary and any other employee required for the performance of its functions.

2016, c. 32, s. 3.

22.17. The secretary and other personnel members of a museum are appointed according to the museum’s staffing plan and the standards it establishes.

Subject to the provisions of a collective agreement, a museum shall determine the standards and scales of remuneration, employee benefits and other conditions of employment of its personnel members in accordance with the conditions defined by the Government.

2016, c. 32, s. 3.

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 PLANNING, AUDITING AND REPORTING

1983, c. 52, c. VI; 2016, c. 32, s. 4.

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

1983, c. 52, s. 30.

31. The strategic plan that a museum shall establish must, in particular, take into consideration the policy directions and objectives given by the Minister and include any element that the Minister determines.

The plan must be submitted to the Minister not later than the date set by the Minister.

1983, c. 52, s. 31; 2002, c. 64, s. 10; 2016, c. 32, s. 5; 2022, c. 19, s. 235.

31.1. (Repealed).

2016, c. 32, s. 5; 2020, c. 5, s. 133.

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 an annual management report for the preceding fiscal period with the Minister.

The financial statements and the annual management report must contain all the information required by the Minister.

1983, c. 52, s. 33; 2016, c. 32, s. 6; 2022, c. 19, s. 236.

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 annual management report and the financial statements of a museum.

1983, c. 52, s. 37; 2022, c. 19, s. 431.

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.

38.1. (Repealed).

2016, c. 32, s. 7; 2022, c. 19, s. 237.

38.2. (Repealed).

2016, c. 32, s. 7; 2022, c. 19, s. 237.

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 selection 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; 2021, c. 11, s. 49.

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 selection 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; 2021, c. 11, s. 49.

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 selection 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; 2021, c. 11, s. 49.

46. (Repealed).

1983, c. 52, s. 46; 1983, c. 55, s. 161; 1984, c. 33, s. 5; 2013, c. 25, s. 34; 2021, c. 11, s. 40.

47. Where an employee contemplated in section 44, 45 or 45.1, as the case may be, applies for a transfer or a promotion selection 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; 2021, c. 11, s. 49.

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.