r-5 - Act respecting the Régie de l’assurance maladie du Québec

À jour au 1^er janvier 2007

Ce document a valeur officielle.

chapter R-5

Act respecting the Régie de l’assurance maladie du Québec

1999, c. 89, s. 52.

CHAPTER I ESTABLISHMENT AND ORGANIZATION OF THE BOARD

1978, c. 70, s. 1.

1. A body, hereinafter called “the Board”, is established under the name of “Régie de l’assurance maladie du Québec”.

1969, c. 53, s. 1; 1977, c. 5, s. 14; 1999, c. 89, s. 52.

2. The function of the Board shall be to administer and implement the programs of the health insurance plan instituted by the Health Insurance Act (chapter A-29) and any other program entrusted to it by law or by the Government.

The Board shall, in particular, for such purposes,

(a)  assume the cost of services and goods provided for under the programs;

(b)  control the eligibility of persons to the programs, the remuneration paid to health professionals, and payments or reimbursements made, as the case may be, to institutions, laboratories, the person dispensing the service or furnishing the goods or the person who received them;

(c)  advise the Minister of Health and Social Services on any matter he refers to it and inform him of any problem or any matter which, in its opinion, warrants examination or action by that Minister, by another minister or by any interested body with regard to the administration or implementation of a program;

(d)  organize and direct the operational research and assessment needed for proper administration and implementation of the programs;

(e)  publish, subject to Division VII of the Health Insurance Act, any information relating to:

i.  its management, operational research and assessment activities;

ii.  the nature, frequency, origin, destination, distribution and cost of insured services it has paid for; and

iii.  the total and average remuneration of health professionals, by class and specialty, by region and by type of acts;

(f)  inform the public of the possibilities of access to all services and goods it is empowered to pay and the conditions to be fulfilled to have access thereto;

(g)  subject to sections 63 and 64 of the Health Insurance Act, inform persons who have benefited from health services of the name of the health professional, the institution, the laboratory or of any person having furnished insured services to them, the dates on which they were furnished, the cost of each service received and the total sum thus paid for those services during a given fiscal year;

(h)  establish and keep up to date, for the purposes of the Health Insurance Act, a register of health professionals and, subject to section 63 of the Health Insurance Act, facilitate access to it by the Minister of Health and Social Services or his authorized representative for the purposes of the Health Insurance Act, the Hospital Insurance Act (chapter A-28) or any other Act under the administration of the Minister;

(i)  contribute, subject to the ninth paragraph of section 67 of the Health Insurance Act, to research in the fields of health and social services;

(j)  establish an electronic transmission of prescriptions (ETP) service the sole objective of which is to facilitate the transmission of electronic prescriptions in a secure environment, and, to that end, collect those prescriptions and store them, in a file created exclusively for that purpose, until the pharmacist retrieves the prescription at the request of the person concerned or until the expiry of a maximum period of one year, at which time the prescriptions must be destroyed.

The Board shall be the depositary of the data relating to health and social services entrusted to it pursuant to an agreement subject to section 70 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) by the Minister of Health and Social Services, an agency referred to in the Act respecting health services and social services (chapter S-4.2), an institution within the meaning of that Act, a public health director or the regional council established by the Act respecting health services and social services for Cree Native persons (chapter S-5). The management of the data shall be assumed by the Board on behalf of the person or body having entrusted the data to the Board.

The Board shall also exercise any function delegated to the Board pursuant to an agreement with a minister.

1969, c. 53, s. 2; 1970, c. 37, s. 81; 1971, c. 47, s. 17; 1973, c. 30, s. 15; 1974, c. 40, s. 20; 1977, c. 5, s. 14; 1979, c. 1, s. 56; 1981, c. 9, s. 38; 1982, c. 53, s. 57; 1985, c. 6, s. 511; 1985, c. 23, s. 24; 1989, c. 50, s. 44; 1988, c. 51, s. 121; 1991, c. 42, s. 587; 1992, c. 21, s. 375; 1997, c. 94, s. 2; 1999, c. 22, s. 41; 1999, c. 48, s. 1; 1999, c. 89, s. 45; 2005, c. 32, s. 287.

Not in force

2.0.1. In the exercise of its functions relating to directory services, the Board shall enter in the directory

(1)  the numbers of the certificates that have been suspended or cancelled;

(2)  the name and certificate of every certification service provider designated by the Conseil du trésor in accordance with section 520.3.3 of the Act respecting health services and social services (chapter S-4.2), and the identifier of the policy statement that applies in the health and social services sector; and

(3)  any other information mentioned in the policy statement referred to in the second paragraph.

As provider of directory services, the Board shall publish in the Gazette officielle du Québec the policy statement it must make in accordance with section 52 of the Act to establish a legal framework for information technology (chapter C-1.1).

2005, c. 32, s. 288.

Not in force

2.0.2. Before collecting the information sent to it under the second paragraph of section 520.17 of the Act respecting health services and social services (chapter S-4.2), the Board must ensure that the person concerned consented to its doing so and that the consent remains valid and was not revoked.

2005, c. 32, s. 288.

Not in force

2.0.3. On request, the Board shall forward a copy of the information referred to in subparagraph h.4 of the second paragraph of section 2 that it holds, or of which subparagraph h.2 or h.3 of that paragraph authorizes it to store a copy, to a health and social services agency or an institution authorized by the Minister in accordance with section 520.7 of the Act respecting health services and social services (chapter S-4.2).

On request, the Board shall also communicate the information referred to in the third and fourth paragraphs of section 57.2 of the Act respecting prescription drug insurance (chapter A-29.01) to the Conseil du médicament, in non-nominative form, concerning a person who has consented to the storage of personal information and to whom a medication was dispensed by a pharmacist practising in a community pharmacy, along with any other necessary data, in non-nominative form, referred to in the fifth paragraph of that section, that the Board stores under subparagraphs h.2 and h.3 of the second paragraph of section 2.

2005, c. 32, s. 288; 2005, c. 40, s. 38.

Not in force

2.0.4. To keep the register of consent given and consent revoked referred to in subparagraph h.5 of the second paragraph of section 2 up to date, the Board shall revoke the consent of a person who is no longer an insured person within the meaning of the Health Insurance Act (chapter A-29). It may use the information it holds for the purposes of that Act to do so.

2005, c. 32, s. 288.

Not in force

2.0.5. An agency or institution referred to in section 520.7 of the Act respecting health services and social services (chapter S-4.2) must send to the Board for compilation the names and unique identification numbers of the persons in respect of whom the agency or institution stores information in accordance with that Act, to enable the Board to exercise its functions related to the locator service provided for in subparagraph h.6 of the second paragraph of section 2. The Board must compile the same information the first time it collects personal information sent to it under the second paragraph of section 520.17 of that Act.

An authorized agency or institution and the Board must also inform the locator service that they no longer store information concerning an insured person following the destruction of that information.

On request, the Board shall communicate to an authorized health and social service provider within the meaning of section 520.20 of the Act respecting health services and social services the list of agencies and institutions that store, in respect of a person having consented to it, the information referred to in section 520.9 of that Act, or confirmation that the Board holds or stores information referred to in subparagraph 6 of the first paragraph of that section, if no agency or institution stores information concerning such a person, as well as the person’s unique identification number.

2005, c. 32, s. 288.

2.0.6. For the purposes of subparagraph j of the second paragraph of section 2, a health professional who is legally authorized to prescribe drugs or other substances and who, with the consent of the person concerned, writes a prescription in the form of a technology-based document must use the ETP service established by the Board to transmit it. Consenting to ETP implies consenting to the prescription’s being sent to the Board and stored by it. The health professional must inform the person concerned accordingly.

When requested to fill an electronic prescription, a pharmacist practising in a community pharmacy may obtain the prescription from the Board after checking the identity of the person concerned and communicating that person’s name and unique identification number to the Board. Requesting to have the prescription filled by a specific pharmacist implies consenting to the Board’s giving that prescription to the pharmacist.

The health professionals referred to in the first and second paragraphs must hold and use a certificate issued in accordance with section 520.3.3 of the Act respecting health services and social services (chapter S-4.2) when sending an electronic prescription to the Board or obtaining such a prescription.

The obligations set out in paragraphs 9 and 10 of section 520.6 of the Act respecting health services and social services apply to the Board, with the necessary modifications.

2005, c. 32, s. 288.

2.0.7. The electronic prescriptions stored by the Board are confidential. The Board may send them only to the pharmacists referred to in the second paragraph of section 2.0.6. Those pharmacists may request that the Board send them an electronic prescription only in order to fill it at the request of the person concerned. Even with the consent of the person concerned, the Board is prohibited from giving electronic prescriptions to a third party. No third party may request, require or receive the original of, an extract from or a copy of an electronic prescription stored by the Board, even with the consent of the person concerned.

A natural person is guilty of an offence and is liable to a fine of $6,000 to $30,000 and a legal person is guilty of an offence and is liable to a fine of $12,000 to $60,000 if that person contravenes this section.

2005, c. 32, s. 288.

2.1. The Board shall recover, from the department or body concerned, the cost of services and goods it assumes under a program entrusted to it by law or by the Government, to the extent provided for under that program.

The Board shall also recover from the Commission de la santé et de la sécurité du travail, in accordance with the Workers’ Compensation Act (chapter A-3) and the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the cost of the services it has assumed under the fourteenth paragraph of section 3 of the Health Insurance Act (chapter A-29) as well as the administration costs relating thereto.

1991, c. 42, s. 587; 1992, c. 44, s. 81; 1994, c. 8, s. 21; 1994, c. 12, s. 67; 1995, c. 69, s. 23; 1999, c. 89, s. 46, s. 52.

3. The Board is a legal person.

1969, c. 53, s. 3; 1999, c. 40, s. 244.

4. The Board shall have the rights and privileges of a mandatary of the State.

The property possessed by the Board shall form part of the domain of the State, but the performance of the obligations of the Board may be levied on such property.

1969, c. 53, s. 4; 1977, c. 5, s. 14; 1999, c. 40, s. 244.

5. The Board binds none but itself when it acts in its own name.

1969, c. 53, s. 5.

6. The head office of the Board shall be in the territory of Ville de Québec, but it may transfer it to another locality with the approval of the Government; such change shall come into force upon publication of a notice thereof in the Gazette officielle du Québec.

The Board may hold its sittings at any place in Québec.

1969, c. 53, s. 6; 1996, c. 2, s. 844; 1999, c. 40, s. 244.

7. The Board shall consist of 15 members, including a president and a vice-president, appointed by the Government.

The vice-president shall be designated by the Government from among the members.

The president shall be appointed for a term not exceeding 10 years and the other members for a term not exceeding three years.

Two of those members shall be appointed after consultation with organizations representing the business community, one after consultation with organizations representing labour, two after consultation with organizations representing consumers, and three members, who must be health professionals within the meaning of the Health Insurance Act (chapter A‐29), of whom one must be a general practitioner and one a medical specialist, shall be appointed after consultation with each body representing a class of health professionals having entered into an agreement. Two other members shall be appointed after consultation with the professional orders in the field of health.

Two other members shall be appointed from among the members of the board of directors of an institution referred to as an institution in the Act respecting health services and social services (chapter S‐4.2) and of an agency referred to in that Act or of the institution to which Part IV.2 of that Act applies.

Two other members shall be appointed from among the officers of the Government or of its bodies.

1969, c. 53, s. 7; 1970, c. 37, s. 82; 1977, c. 5, s. 14; 1979, c. 1, s. 57; 1991, c. 42, s. 588; 1992, c. 21, s. 375; 1998, c. 39, s. 187; 1999, c. 89, s. 47; 2005, c. 32, s. 308.

7.1. The Government shall fix the remuneration, social benefits and other terms of employment of the president.

1991, c. 42, s. 589.

7.2. The members of the Board, apart from the president, shall not be remunerated except in such cases, on such conditions and to such extent as the Government may determine.

They are however entitled to the reimbursement of expenses incurred in the performance of their duties, on the conditions and to the extent determined by the Government.

1991, c. 42, s. 589.

8. The members of the Board shall remain in office until reappointed or replaced, notwithstanding the expiry of their term of office.

1969, c. 53, s. 8.

9. If the president is absent or unable to act, he shall be replaced by the vice-president; whenever another member is so unable to act, he may be replaced by a person appointed to exercise his functions while he is unable to act by the Government which shall fix his remuneration.

1969, c. 53, s. 9; 1999, c. 40, s. 244.

10. The president shall be the director general of the Board.

1969, c. 53, s. 10; 1990, c. 56, s. 6.

11. The secretary and the other officers and employees of the Board shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

1969, c. 53, s. 11; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 2000, c. 8, s. 242.

12. No member of the Board, under pain of forfeiture of his office, shall have any direct or indirect interest in an undertaking that puts his personal interest in conflict with that of the Board.

Such forfeiture, however, shall not be incurred if such interest devolves to him by succession or gift and he renounces or disposes of it with all possible dispatch.

It shall also not be incurred in the case of a member who receives fees for professional care given in the practice of his functions.

1969, c. 53, s. 12.

13. The president shall devote his time exclusively to the work of the Board and the duties of his office.

1969, c. 53, s. 13.

14. The president and director general shall be responsible for the administration of the Board within the scope of its by-laws of internal management; such by-laws, to come into force, shall be approved by the Government.

1969, c. 53, s. 14; 1990, c. 56, s. 7.

14.1. The Board may delegate to the president and director general, to a member of the personnel or to the holder of a designated position, the exercise of the powers assigned to the Board by this Act, by the Health Insurance Act and by the Act respecting prescription drug insurance.

The Board may also authorize the subdelegation of listed functions. Where applicable, the Board shall identify the member of the personnel or the holder of a position to whom a function may be subdelegated.

1999, c. 89, s. 48.

15. Six members including the president or, in the cases contemplated in section 9, the vice-president, shall constitute a quorum of the Board.

In the case of a tie vote the president or, in the cases provided for in section 9, the vice-president, shall have a casting vote.

1969, c. 53, s. 15; 1970, c. 37, s. 83; 1991, c. 42, s. 590.

16. The minutes of the sittings of the Board, approved by it and certified by the secretary or by any other functionary of the Board designated by the by-laws passed for such purpose by the Board, shall be authentic; the same shall apply to documents and copies emanating from the Board or forming part of its records, when so certified.

1969, c. 53, s. 16; 1973, c. 30, s. 16; 1992, c. 57, s. 683.

16.1. The Board may authorize a person who submits to the Board a notice, report, declaration, statement of fees, claim for payment, statement of account or any other document to do so by means of an electronic data processing system or by telecommunication, on the conditions it determines by by-law, according to the classes of documents indicated therein. To come into force, the by-law must be approved by the Government.

1994, c. 8, s. 22.

16.2. An intelligible transcription in writing of the data stored by the Board on a computer-based storage medium forms part of its documents and is proof of its contents when certified by the secretary or by any other officer of the Board authorized in accordance with section 16.

In the case of data sent to the Board under section 16.1, the transcription must reproduce the data accurately.

1994, c. 8, s. 22.

17. The members, functionaries and employees of the Board cannot be sued by reason of official acts done in good faith in the exercise of their functions.

1969, c. 53, s. 17.

18. None of the extraordinary recourses provided in articles 834 to 850 of the Code of Civil Procedure shall be exercised and no injunction shall be granted against the Board or the members of the Board acting in their official capacity.

1969, c. 53, s. 18; 1970, c. 37, s. 84.

19. A judge of the Court of Appeal, upon motion, may annul summarily any writ, order or injunction issued or granted contrary to section 17 or 18.

1970, c. 37, s. 84; 1979, c. 37, s. 43.

20. In the exercise of its powers, the Board may, by itself or any person appointed by it, inquire into any matter within its competence. It may also, in the same manner, inquire into any matter concerning the conditions governing the recognition of a manufacturer of medications or a wholesaler distributing medications, their commitments and the conditions governing their practices as regards the price of medications, prescribed by regulation of the Minister under section 80 of the Act respecting prescription drug insurance (chapter A-29.01). It may furthermore, in the same manner, inquire into any other matter concerning the basic prescription drug insurance plan.

For such purposes, the Board and every such person shall have the powers and immunities of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1970, c. 37, s. 84; 1971, c. 47, s. 18; 1992, c. 61, s. 511; 1994, c. 8, s. 23; 1996, c. 32, s. 105; 2005, c. 40, s. 39.

21. It is forbidden to hinder an inspector or investigator of the Board in the performance of his duties, to mislead or attempt to mislead him by concealment or false or untrue declarations, or to refuse to obey any order he may give under this Act or the regulations.

Such inspector or investigator must, if so required, exhibit a certificate, signed by the president of the Board or a person authorized for the purpose by him, attesting his authority.

1970, c. 37, s. 84.

22. When the Board assumes the cost of the remuneration payable by it with respect to a professional, every government department or agency must furnish the Board, at the request of its director general, with such information as it needs to appraise the remuneration for the services furnished by such a professional, and the incumbent minister or deputy minister of the department or chief executive officer of the agency concerned shall also be entitled to obtain such information from the professional concerned when it is so requested of him.

1970, c. 37, s. 84; 1978, c. 15, s. 140; 1990, c. 56, s. 8.

22.1. The Board may obtain from the Commission de la santé et de la sécurité du travail, and the Commission shall furnish to the Board, any information contained in a medical or physical rehabilitation record the Commission has on a worker who has suffered an industrial accident or occupational disease and that the Board needs to assess the remuneration of a professional in the field of health for a service rendered pursuant to the Workers’ Compensation Act (chapter A-3) or to the Act respecting industrial accidents and occupational diseases (chapter A-3.001).

1985, c. 6, s. 512; 1990, c. 57, s. 43.

22.2. The Board may, for the purpose of keeping the insured persons’ files established under this Act and the Health Insurance Act (chapter A-29) up to date on a continuing basis, obtain from the Ministère de l’Emploi et de la Solidarité sociale, from the Régie des rentes du Québec or from the Société de l’assurance automobile du Québec the addresses of beneficiaries of programs administered by them.

1991, c. 42, s. 591; 1992, c. 44, s. 81; 1994, c. 12, s. 67; 1997, c. 63, s. 128; 1999, c. 89, s. 52; 2001, c. 44, s. 30.

23. Subject to section 19 of the Health Insurance Act (chapter A-29), the Government may authorize the Minister of Health and Social Services or the Board to make agreements with any government or body and with any person, association or partnership for the purposes of this Act, the Health Insurance Act or another Act of Québec.

1970, c. 37, s. 84; 1970, c. 42, s. 17; 1971, c. 47, s. 19; 1985, c. 23, s. 24; 1999, c. 40, s. 244; 1999, c. 89, s. 49.

23.1. The Government may also authorize the Board to make, as provided by law, agreements with any government or body and with any person, association or partnership to enable the Board to provide consulting services related to the development or implementation of a health insurance plan or the management of health and social services data.

The Board may, within the framework of those agreements, sell the expertise and products it develops or helps to develop in the performance of its functions.

The Board may collect and include in its revenues any sum generated by such activities, and incur expenditures for such purposes.

1999, c. 89, s. 50.

24. The fiscal year of the Board shall end on 31 March in each year.

1969, c. 53, s. 19.

24.1. The Board must, not later than 15 October each year, produce a report showing the sums it has paid out to physicians in the course of the preceding fiscal year under the Health Insurance Act (chapter A-29). The report must indicate, on the one hand, the proportion of budget variance between expenditures and estimates and on the other, the reasons for such variance.

1991, c. 42, s. 592.

24.2. The Board must, each year, submit its budgetary estimates for the next fiscal year.

1991, c. 42, s. 592; 1999, c. 89, s. 51.

24.3. Every department, body, agency or institution must furnish the Board, at the request of its general manager, with any information needed for the purposes of sections 24.1 and 24.2.

1991, c. 42, s. 592; 1992, c. 21, s. 375; 2005, c. 32, s. 308.

24.4. For the purposes of section 19 of the Health Insurance Act (chapter A-29) and of section 431 of the Act respecting health services and social services (chapter S-4.2), the Board must transmit to the Minister of Health and Social Services the report produced by it pursuant to section 24.1 and the budgetary estimates established by it pursuant to section 24.2.

1991, c. 42, s. 592.

25. Not later than 31 July each year, the Board shall submit to the Minister of Health and Social Services a report of its activities for its previous fiscal year; such report shall also contain all the information which the Minister of Health and Social Services may prescribe.

Such report shall be laid before the National Assembly if it is in session or, if it is not, within thirty days of the opening of the next session.

The Board shall give the Minister of Health and Social Services any information he may require respecting its operations.

1969, c. 53, s. 20; 1970, c. 42, s. 17; 1981, c. 22, s. 39; 1985, c. 23, s. 24.

26. The books and accounts of the Board shall be audited by the Auditor General each year and also whenever so ordered by the Government; his reports shall accompany the annual report of the Board.

1969, c. 53, s. 21; 1970, c. 17, s. 102.

CHAPTER II LOANS

1978, c. 70, s. 2.

27. With the previous authorization of the Government, the Board may contract loans by notes, bonds or other securities, at such rate of interest and on such other conditions as are determined by the Government.

1969, c. 53, s. 22.

28. The Government, on such conditions as it determines, may guarantee the payment in principal and interest of any loan of the Board and the performance of any of its obligations.

The sums which the Government may be called upon to pay under such guarantees are taken out of the Consolidated Revenue Fund.

1969, c. 53, s. 23; 1970, c. 37, s. 85; 1977, c. 5, s. 14; 1978, c. 70, s. 3.

29. (Repealed).

1973, c. 30, s. 17; 1974, c. 40, s. 21; 1977, c. 5, s. 14; 1978, c. 70, s. 4.

30. The sums put at the disposal of the Board and the sums obtained by it under section 27 must be used exclusively for the payment of its obligations and the administration of this Act and the Health Insurance Act (chapter A-29).

1969, c. 53, s. 24; 1970, c. 37, s. 86 (part); 1978, c. 70, s. 5.

31. (Repealed).

1970, c. 37, s. 86; 1977, c. 5, s. 14; 1978, c. 70, s. 6.

CHAPTER III DIRECTIVES

1978, c. 70, s. 8.

32. The Minister of Health and Social Services may, within the scope of the responsibilities and powers entrusted to him in respect of the use of public moneys, public health, the rights of insured persons to insured services and observance of agreements to which the Minister is a party, issue directives bearing on the goals and orientations of the Board in the performance of the functions entrusted to it by law.

Such directives must be submitted to the Government for approval. If they are so approved, they shall bind the Board which must comply with them.

Every directive issued under this section must be tabled before the National Assembly within five days of its approval by the Government, if the Assembly is in session, or within five days of the opening of the next session, if it is not.

1969, c. 53, s. 26; 1974, c. 40, s. 22; 1978, c. 70, s. 9; 1985, c. 23, s. 24; 1999, c. 89, s. 52.

CHAPTER IV FINANCING

1978, c. 70, s. 10.

DIVISION I CONTRIBUTIONS

1978, c. 70, s. 10; 1993, c. 64, s. 215.

§ 1 . — Interpretation

1993, c. 64, s. 216.

33. In this division, unless the context indicates a different meaning,

“base period” has the meaning assigned by section 737.18.6 of the Taxation Act (chapter I‐3);

“business” means a business within the meaning of section 1 of the Taxation Act;

“eligibility period” of an exempt employer means the period of five years that begins on the later of the day of coming into force of the certificate referred to in paragraph a of section 771.12 of the Taxation Act that was issued in respect of the exempt employer and, as the case may be,

(a)  where the exempt employer is a corporation referred to in subparagraph i of paragraph a of section 771.12 of the Taxation Act, 26 March 1997;

(b)  where the exempt employer is a corporation referred to in subparagraph ii of paragraph a of section 771.12 of the Taxation Act, 10 March 1999; or

(c)  where the exempt employer is a corporation referred to in subparagraph iii of paragraph a of section 771.12 of the Taxation Act, 30 March 2001;

“eligible employer”, at a particular time, means an employer who, for the employer’s taxation year that includes the particular time,

(a)  is not a person described in any of paragraphs a to d of the definition of “qualified corporation” in the first paragraph of section 1029.8.36.4 of the Taxation Act; and

(b)  is a qualified corporation, within the meaning of sections 771.5 to 771.7 of the Taxation Act or, where the employer’s taxation year that includes the particular time is the employer’s first taxation year, or the taxation year from which the employer ceased, by reason of the first paragraph of section 771.6 of that Act, to be such a qualified corporation, and the particular time is before the time at which one of the situations described in subparagraphs a to f of the first paragraph of that section 771.6 first occurred, would be such a qualified corporation but for that paragraph;

“eligible preceding year” of an individual, in relation to a particular year, means a year throughout which the individual was resident in Canada and that precedes the particular year;

“employee” means an employee within the meaning of section 1 of the Taxation Act;

“employer” means a person, including a government, who pays wages or, where, in a period, an employee is, within the meaning of an agreement on social security that provides for the reciprocal coverage of health insurance plans, entered into between the Gouvernement du Québec and the government of a foreign country, a worker on secondment to that country, for that period, the person who has so seconded the employee;

“employer exemption”, at a particular time, means the amount by which $700,000, where the employer’s taxation year that includes the particular time is not less than 51 weeks, or, in any other case, the proportion of $700,000 that the number of days in that taxation year is of 365, exceeds the aggregate of the wages that are paid or deemed to be paid by the employer in that taxation year and before the particular time each of which is wages that, in a proportion of 75 %, are not the object, because of the fifth paragraph of section 34, of a contribution payable under that section;

“establishment” means an establishment, including an establishment within the meaning of Chapter III of Title II of Book I of Part I of the Taxation Act;

“excluded employer” means an employer that is a corporation that is exempt from tax under Book VIII of Part I of the Taxation Act, other than an insurer described in paragraph k of section 998 of that Act that is not so exempt from tax on the totality of its taxable income by reason of section 999.0.1 of that Act;

“exempt employer”, at a particular time, means an employer who, for a taxation year of the employer including the particular time, is either an exempt corporation within the meaning of sections 771.12 and 771.13 of the Taxation Act or, where that taxation year is the first taxation year of the employer or the taxation year during which the employer ceases to be such an exempt corporation by reason of section 771.13 of that Act or the employer’s failure to comply with the condition set out in paragraph a of section 771.12 of that Act, and the particular time is prior to the time when the earlier of one of the situations set out in that section 771.13 and the failure to comply with the condition set out in the said paragraph a occurs, would be such an exempt corporation were it not for that section or that paragraph;

“exemption period” of an eligible employer or a qualified corporation means

(a)  in the case of an eligible employer, the period of five years that begins at the beginning of the eligible employer’s first taxation year; and

(b)  in the case of a qualified corporation, the period that begins on 30 March 2001 and ends on 31 December 2010;

“individual” means an individual within the meaning of Part I of the Taxation Act, other than a trust within the meaning of section 1 of the said Act;

“municipality” means a municipality within the meaning of section 1 of the Taxation Act;

“province” means a province within the meaning of section 1 of the Taxation Act;

“qualified corporation” means a qualified corporation for the purposes of Title VII.2.4 of Book IV of Part I of the Taxation Act;

“regulation” means any regulation made by the Government under this division;

“specified employer” for a year means an employer that has an establishment in Québec in the year and that is not the Government of Canada or of a province, a Canadian municipality or an employer that, at a particular time in the year, is

(a)  a mandatary body of the State, Her Majesty in right of Canada or a province, other than Québec, or a Canadian municipality; or

(b)  a Canadian public body or a corporation, commission or association, exempt from tax under Part I of the Taxation Act under section 984 or 985;

“taxation year” means a taxation year within the meaning of Part I of the Taxation Act;

“total payroll” of an employer for a year means the aggregate of the wages paid or deemed to be paid in the year by the employer and, where the employer carries on a business at the end of the year in which the employer ordinarily employs, for all or part of the year, at least one employee, whether full-time or part-time, by any other employer with which the employer is associated at the end of the year and that carries on such a business at that time;

“wages” means base wages, within the meaning of section 1159.1 of the Taxation Act, excluding, except for the purposes of the definition of “total payroll”, subparagraph b of the first paragraph of section 33.0.2 and subparagraph ii of subparagraph b of the second paragraph of section 34, the following amounts:

(a)  wages referred to in section 64 of the Act respecting international financial centres (chapter C‐8.3);

(b)  wages paid by an employer to a person who is, within the meaning of an agreement on social security that provides for the reciprocal coverage of health insurance plans, entered into between the Government of Québec and the government of a foreign country, a worker on secondment, for the period in which the person is such a seconded worker, where pursuant to the agreement, the person is subject only to the legislation of the foreign country to which the reciprocal coverage applies.

“year” means a calendar year.

Where the definition of “employer exemption” in the first paragraph applies, in respect of an eligible employer, to a time included in the eligible employer’s taxation year that includes the last day of the eligible employer’s exemption period, the amount of $700,000 in the definition shall be replaced, wherever it occurs, by an amount equal to such proportion of $700,000 as the number of days in the taxation year that are included in the exemption period is of the number of days in the taxation year.

1978, c. 70, s. 10; 1985, c. 25, s. 177; 1986, c. 15, s. 217; 1993, c. 19, s. 158; 1993, c. 64, s. 217; 1995, c. 1, s. 215; 1997, c. 14, s. 314; 1997, c. 85, s. 370; 1999, c. 83, s. 284; 1999, c. 86, s. 100; 2000, c. 39, s. 268; 2002, c. 9, s. 145; 2002, c. 40, s. 328; 2003, c. 2, s. 304; 2003, c. 9, s. 436; 2004, c. 21, s. 517; 2005, c. 1, s. 324; 2005, c. 23, s. 268; 2005, c. 38, s. 349; 2006, c. 36, s. 278.

33.0.1. (Repealed).

1997, c. 14, s. 315; 1997, c. 85, s. 371; 2003, c. 9, s. 437.

33.0.2. For the purposes of the definition of “total payroll” in the first paragraph of section 33, this section and sections 33.0.3 and 33.0.4,

(a)  in the definition of “employer” in the first paragraph of section 33, “person” is deemed to include a partnership;

(b)  wages paid or deemed to be paid by an employer as a member of a partnership are deemed to have been paid by the partnership and not by the employer.

In addition, for the purposes of the definition of “total payroll” in the first paragraph of section 33, an employer is associated with another employer at the end of a year where the employers are at that time corporations associated with each other in accordance with Chapter IX of Title II of Book I of Part I of the Taxation Act (chapter I‐3), and, for that purpose,

(a)  an employer who is an individual is deemed to be a corporation all of the voting shares in the capital stock of which are owned at that time by the individual;

(b)  an employer that is a partnership is deemed to be a corporation all of the voting shares in the capital stock of which are owned at that time by each member of the partnership in a proportion equal to the proportion that the member’s share of the income or loss of the partnership for the partnership’s last fiscal period ending at or before that time is of the income or loss of the partnership for that fiscal period, on the assumption that, if the income and loss of the partnership for that fiscal period are nil, the partnership’s income for that fiscal period is equal to $1,000,000;

(c)  an employer that is a trust, within the meaning of section 1 of the Taxation Act, is deemed to be a corporation all of the voting shares in the capital stock of which

i.  in the case of a testamentary trust, within the meaning of section 1 of the Taxation Act, under which one or more beneficiaries are entitled to receive all of the income of the trust that arose before the date of death of one or the last surviving of those beneficiaries, in this subparagraph referred to as the “distribution date”, and under which no other person may, before the distribution date, receive or otherwise obtain the enjoyment of any of the income or capital of the trust,

(1)  where any such beneficiary’s share of the income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, and where that time occurs before the distribution date, are owned at that time by the beneficiary;

(2)  where subparagraph 1 does not apply and where that time occurs before the distribution date, are owned at that time by the beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of the beneficial interests in the trust of all those beneficiaries,

ii.  where a beneficiary’s share of the accumulating income or capital of the trust depends upon the exercise by any person of, or the failure by any person to exercise, a power to appoint, are owned at that time by the beneficiary, except where subparagraph i applies and that time occurs before the distribution date,

iii.  in any case where subparagraph ii does not apply, are owned at that time by the beneficiary in a proportion equal to such proportion of all such shares as the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of all beneficial interests in the trust, except where subparagraph i applies and that time occurs before the distribution date, and

iv.  in the case of a trust referred to in section 467 of the Taxation Act, are owned at that time by the person referred to therein from whom property of the trust or property for which it was substituted was directly or indirectly received; and

(d)  a partnership that has no fiscal period ending on or before that time is deemed, for the purposes of subparagraph b, to have a fiscal period ending at that time for which it has an income equal to $1,000,000.

2000, c. 39, s. 269; 2005, c. 1, s. 325; 2005, c. 38, s. 350.

33.0.3. Where it may reasonably be considered that one of the main reasons for the separate existence of two or more employers at the end of a year or for the transfer of a business or part of a business from one employer to another employer in the year is to reduce the total payroll of any of the employers for that year, the employers are deemed, for the purposes of the definition of “total payroll” provided for in the first paragraph of section 33, to be employers associated with each other at the end of the year and carrying on at that time such a business as described in that definition.

2000, c. 39, s. 269; 2001, c. 51, s. 246.

33.0.4. The rules set out in the second paragraph apply where, in a particular year, there is

(a)  a merger of two or more corporations that are replaced to form one corporation; or

(b)   transfer of property belonging or having belonged to a particular corporation or partnership made, as part of the winding-up or dissolution of the particular corporation or partnership or of a series of transactions or events including the winding-up or dissolution, in favour of a person who or a partnership that, immediately after the transfer, would be associated with the particular corporation or partnership according to the rules set out in the second paragraph of section 33.0.2, with the necessary modifications, if any relevant factor to consider for that purpose, with respect to the ownership of a share of the capital stock of the particular corporation or of an interest in the particular partnership or with respect to the holding of a right relating to such a share or to such an interest, were established on the basis of the situation existing immediately before the beginning of the winding-up or dissolution or of the series of transactions or events and, where applicable, if the particular corporation or partnership existed immediately after the transfer.

The rules to which the first paragraph refers are as follows:

(a)  in the case provided for in subparagraph a of that paragraph,

i.  the total payroll for the particular year of any employer and, for the purposes of subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 34.0.0.0.1, the total payroll for the preceding year of the corporation resulting from the merger, shall be established as if the corporations mentioned in subparagraph a of the first paragraph were the same corporation, and

ii.  for the purpose of determining which of subparagraphs i and ii of subparagraph a of the first paragraph of section 34.0.0.0.1 applies to the corporation resulting from the merger for a period provided for in that subparagraph a in the particular year or subsequent year, that corporation is deemed to be the same corporation as each of the predecessor corporations ; and

(b)  in the case provided for in subparagraph b of that paragraph,

i.  the total payroll for the particular year of any employer and, for the purposes of subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 34.0.0.0.1 in respect of a period provided for in that subparagraph a that is the period in which the transfer occurs or a subsequent period of the particular year, the total payroll for the preceding year of the person who or the partnership that is the transferee shall be established as if the particular corporation or partnership and the person who or the partnership that is the transferee were the same person or partnership, and

ii.  for the purpose of determining which of subparagraphs i and ii of subparagraph a of the first paragraph of section 34.0.0.0.1 applies to the person that is the transferee, or to any employer as a member of the partnership that is the transferee, for a period provided for in that subparagraph a that is the period during which the transfer occurs or a subsequent period of the particular year or subsequent year, the person or partnership that is the transferee is deemed to be the same person or partnership as the particular corporation or particular partnership.

Where this section applies in relation to a merger of corporations or transfer of property, referred to as “initial operation” in this paragraph, that occurred in the particular year, and in relation to a merger of corporations or transfer of property, referred to as “subsequent operation” in this paragraph, that occurred subsequently in the same year, and where any of the predecessor corporations or the corporation or partnership wound up or dissolved in the subsequent operation is a corporation or partnership that was, in the initial operation, the corporation resulting from the merger of corporations or the person or partnership that is the transferee of the transfer of property, mention of any corporation, person or partnership mentioned in subparagraph a or b of the first paragraph in relation to any such operation, made in subparagraph i of subparagraph a of the second paragraph or subparagraph i of subparagraph b of that paragraph, is deemed to include mention of any other corporation, person or partnership mentioned in subparagraph a or b of the first paragraph in relation to the other operation, made in either subparagraph i or made because of this paragraph.

2000, c. 39, s. 269; 2002, c. 9, s. 146; 2005, c. 1, s. 326.

33.1. The application of this division and the regulations shall not be affected by article 77 of the Civil Code in determining whether or not a person is resident in Québec, in Canada or elsewhere.

1994, c. 22, s. 357.

33.2. In this subdivision and in subdivision 2, any reference to wages that a person or an employer pays or has paid is a reference to wages that the person or employer pays, allocates, grants or awards or has paid, allocated, granted or awarded.

1995, c. 1, s. 216.

§ 2 . — Contribution payable by employers

1993, c. 64, s. 218.

34. Every employer, except a prescribed employer, shall pay to the Minister of Revenue a contribution equal to the percentage, provided for in the second paragraph, of the wages that the employer pays to the employer’s employee who reports for work at the employer’s establishment in Québec, that the employer is deemed to pay to the employee or that the employer pays in respect of the employee, or to the employer’s employee to whom those wages, if the employee is not required to report for work at an establishment of the employer, are paid, deemed to be paid or paid in respect of the employee from such an establishment in Québec.

The percentage to be applied to wages referred to in the first paragraph is,

(a)  except where subparagraph b applies,

i.  where the employer is a specified employer for the year in which the employer pays or is deemed to pay the wages and the employer’s total payroll for that year is equal to or less than $1,000,000, 2.7%,

ii.  where the employer is a specified employer for the year in which the employer pays or is deemed to pay the wages and the employer’s total payroll for that year is more than $1,000,000 but less than $5,000,000, the percentage determined according to the formula

2.31% + (0.39% × A), and

iii.  in any other case, 4.26%; and

(b)  in the case of wages paid or deemed to be paid by the employer as a member of a particular partnership, the percentage that would be determined under subparagraph a in respect of the wages if

i.  in the definition of “employer” in the first paragraph of section 33, “person” included a partnership, and

ii.  wages paid or deemed to be paid by a particular employer as a member of the particular partnership had been paid or deemed to be paid by that partnership and not by the particular employer.

In the formula provided for in subparagraph ii of subparagraph a of the second paragraph, A is the quotient obtained by dividing the employer’s total payroll for the year referred to therein by $1,000,000.

If the percentage determined according to the formula provided for in subparagraph ii of subparagraph a of the second paragraph has more than two decimal places, only the first two are retained and the second is increased by one unit if the third decimal is greater than 4.

However, where the employer is an eligible employer at the time the wages are paid or deemed to be paid, where that time is included in the employer’s exemption period and where the wages are not wages that would not be wages because of paragraph a of the definition of “wages” in the first paragraph of section 33 if section 64 of the Act respecting international financial centres (chapter C‐8.3) were read as if “75%” in the first paragraph was replaced by “100%” and were read without reference to its second paragraph, no contribution is payable under this section in respect of 75% of the portion of the wages that does not exceed the amount by which the employer exemption at that time exceeds the aggregate of the other wages paid or deemed to be paid at that time by the employer, and each of which is wages in respect of which, in a proportion of 75%, no contribution is payable under this section by reason of this paragraph.

Where the employer is a qualified corporation for a taxation year and the wages is paid or deemed to be paid in the year and in the exemption period of the qualified corporation, no contribution is payable under this section in respect of the amount obtained by multiplying 75% of the wages by the proportion determined, for the year, in accordance with section 34.1.0.1, where

(a)  the qualified corporation encloses, with the information return referred to in section 3 of the Regulation respecting contributions to the Québec Health Insurance Plan (R.R.Q., 1981, chapter R-5, r.1) it is required to file for the year, the prescribed form containing the prescribed information; and

(b)  where the qualified corporation would be a qualified corporation, within the meaning of sections 771.5 to 771.7 of the Taxation Act (chapter I-3) if that section 771.5 were read without reference to paragraph e thereof, it elected irrevocably, in prescribed form, not to be considered as such a qualified corporation.

In addition, no contribution is payable under this section

(a)  in respect of the wages paid or deemed to be paid by an employer if, at the time the wages are paid or deemed to be paid, the employer is an exempt employer other than an employer described in subparagraph i of subparagraph a.1 and if that time is included in the employer’s eligibility period;

(a.1)  in respect of 3/4 of the wages paid or deemed to be paid by an employer if

i.  at the time of payment or deemed payment of the wages, the employer is an exempt employer referred to in subparagraph iii of paragraph a of section 771.12 of the Taxation Act in respect of whom any of the conditions mentioned in subparagraphs 1 and 2 of subparagraph i of subparagraph b of the second paragraph of section 771.8.5 of that Act is met, and

ii.  the time of payment or deemed payment of the wages is included in the employer’s eligibility period;

(b)  in respect of the wages paid or deemed to be paid by an employer that carries on a recognized business, within the meaning of section 1029.8.36.0.38 of the Taxation Act, at the time of payment or deemed payment, comprised in the base period in relation to the recognized business, of the wages to one of the employees if, for the pay period comprised in the base period in respect of which the wages relate, the employee spends 75% or more of working time performing duties within the international trade zone, within the meaning of that section, in the course of the recognized business;

(c)  in respect of the wages paid or deemed to be paid by an employer that carries on a business that is referred to in section 1029.8.36.0.38.1 of the Taxation Act, at the time of payment or deemed payment, comprised in the base period in relation to the business, of the wages to one of the employees if, for the pay period comprised in the base period in respect of which the wages relate, the employee spends 75% or more of working time performing duties relating to the business activities that, because of section 1029.8.36.0.38.2 of that Act, are deemed to be carried on within the international trade zone;

(d)  in respect of the wages paid or deemed to be paid by an employer where the wages are paid or deemed to be paid to an employee in relation to the part of the working time of the employee devoted to eligible activities of the employer, in relation to a major investment project of the employer, within the meaning assigned to those expressions by section 737.18.14 of the Taxation Act, and are paid or deemed to be paid for a pay period within a particular period covered by a qualification certificate issued by the Minister of Finance, in relation to the major investment project, in respect of a year; and

(e)  in respect of 3/4 of the wages paid or deemed to be paid by an employer where the wages are paid or deemed to be paid to an employee of the employer that is a qualified corporation, within the meaning of section 737.18.29 of the Taxation Act, in relation to the recognized business that the employer carries on, for a pay period comprised in the exemption period, within the meaning of section 737.18.29, applicable to that qualified corporation, and where the employer encloses the prescribed form containing the prescribed information with the information return referred to in section 3 of the Regulation respecting contributions to the Québec Health Insurance Plan that the employer is required to file for the year.

For the purposes of subparagraphs b and c of the seventh paragraph, where a pay period is not wholly comprised in the base period in relation to the employer’s recognized business or, where applicable, in relation to the employer’s business referred to in section 1029.8.36.0.38.1 of the Taxation Act, only the period in respect of which the wages relate that is comprised in the base period shall be taken into account.

For the purposes of subparagraph d of the seventh paragraph, where the pay period is not included in whole in the particular period referred to therein, only the period to which the wages relate, that is within the particular period, shall be taken into account.

For the purposes of subparagraph e of the seventh paragraph, where the pay period is not wholly comprised in the exemption period referred to in that subparagraph, only the period in respect of which the wages relate that is comprised in that exemption period shall be taken into account.

However, the seventh paragraph does not apply in respect of wages paid or deemed to be paid by an excluded employer, except where, in the case of such wages referred to in subparagraph d of that paragraph in relation to a major investment project, an application in respect of the project, accompanied by the required documents, was sent to the Minister of Finance before 11 March 2003 so that no contribution would be payable under this section in respect of the wages because of that subparagraph d.

1978, c. 70, s. 10; 1981, c. 12, s. 27; 1983, c. 43, s. 13; 1985, c. 25, s. 178; 1987, c. 21, s. 98; 1988, c. 4, s. 156; 1990, c. 7, s. 229; 1991, c. 8, s. 107; 1992, c. 1, s. 218; 1993, c. 64, s. 219; 1995, c. 1, s. 217; 1995, c. 63, s. 283; 1997, c. 14, s. 316; 1997, c. 85, s. 372; 1999, c. 83, s. 285; 2000, c. 39, s. 270; 2001, c. 51, s. 248; 2002, c. 9, s. 147; 2002, c. 40, s. 329; 2003, c. 9, s. 438; 2004, c. 21, s. 518; 2005, c. 1, s. 327; 2005, c. 23, s. 269; 2005, c. 38, s. 351.

34.0.0.0.1. Every employer subject to a contribution referred to in section 34 in relation to wages that the employer pays or is deemed to pay in a particular year shall pay to the Minister of Revenue,

(a)  on the dates, for the periods and according to the terms and conditions prescribed in section 1015 of the Taxation Act (chapter I‐3),

i.  where the particular year is a year immediately following two consecutive years for which, except in the case of wages paid or deemed to be paid by the employer as a member of a partnership, the employer was subject to the contribution of this subdivision or, in the case of wages paid or deemed to be paid by the employer as a member of a partnership, the partnership would have been so subject had the presumptions in subparagraphs i and ii of subparagraph b of the second paragraph of section 34 applied, an amount equal to

(1)  the contribution established in respect of the wages pursuant to section 34, or

(2)  the contribution that would be established in respect of the wages pursuant to section 34 if the percentage applicable to the wages were the percentage that would be applicable if the employer’s total payroll for the particular year or, in the case of wages paid or deemed to be paid by the employer as a member of a partnership, the total payroll of the partnership for the particular year, were equal to the total payroll for the employer or partnership, as the case may be, for the preceding year,

ii.  where subparagraph i does not apply, an amount equal to

(1)   the contribution established in respect of the wages pursuant to section 34, or

(2)  the contribution that would be established in respect of the wages pursuant to section 34 if the percentage applicable to the wages were the percentage that would be applicable to the wages if the employer’s total payroll for the particular year or, in the case of wages paid or deemed to be paid by the employer as a member of a partnership, the total payroll of the partnership for the particular year, were established on the assumption that the particular year had ended on the last day of the period provided for in section 1015 of the Taxation Act in which the wages was paid or deemed to be paid, or

iii.  where, in the case of wages paid or deemed to be paid by the employer as a member of a partnership, the partnership or, if such is not the case, the employer, ceases to carry on its business in the particular year, an amount equal to the amount by which the following amount exceeds the amount that the employer is required to pay pursuant to subparagraph i or ii in relation to the wages:

(1)  the contribution established in respect of the wages pursuant to section 34, or

(2)  the contribution that would be established in respect of the wages pursuant to section 34 if the percentage applicable to the wages were the percentage that would be applicable if the total payroll of the employer for the particular year or, in the case of wages paid or deemed to be paid by the employer as a member of a partnership, the total payroll of the partnership for the particular year, were established having regard only to wages paid or deemed to be paid by the employer or partnership, as the case may be, on or before the time at which the employer or partnership, as the case may be, ceased to carry on the business; and

(b)  on the date on or before which the employer is required to file the information return referred to in section 3 of the Regulation respecting contributions to the Québec Health Insurance Plan (R.R.Q., 1981, chapter R-5, r.1) for the particular year, the balance of the contribution established in respect of the wages pursuant to section 34.

No amount is payable pursuant to subparagraph i or ii of subparagraph a of the first paragraph by the employer in respect of a particular contribution if, in respect of the particular contribution,

(a)  an amount is payable pursuant to subparagraph iii of that subparagraph a, or would be payable, but for those subparagraphs i and ii; and

(b)  the date provided for in that subparagraph a for the payment provided for, without reference to this paragraph, in that subparagraph i or ii is after the date provided for in that subparagraph for the payment provided for, or that would be provided for, but for those subparagraphs i and ii, in subparagraph iii of that subparagraph a.

2000, c. 39, s. 271; 2005, c. 38, s. 352.

34.0.0.0.2. Any contribution that is unpaid by an employer on the date provided for in subparagraph b of the first paragraph of section 34.0.0.0.1 in respect of that contribution shall bear interest at the rate fixed under section 28 of the Act respecting the Ministère du Revenu (chapter M-31), from that date to the day of payment.

2000, c. 39, s. 271.

34.0.0.0.3. In addition to the interest payable under section 34.0.0.0.2, an employer liable to make a payment under subparagraph a of the first paragraph of section 34.0.0.0.1 in respect of a contribution shall pay interest, on every payment or part of a payment which the employer has not made on or before the date of expiry of the time granted for making it, at the rate fixed under section 28 of the Act respecting the Ministère du Revenu (chapter M-31), for the period extending from that date to the day of payment or to the day when the employer becomes liable to pay interest under section 34.0.0.0.2, whichever is earlier.

For the purposes of this section and section 59.2 of the Act respecting the Ministère du Revenu, any employer required to make a payment under subparagraph a of the first paragraph of section 34.0.0.0.1 is deemed to have been liable to make a payment based on,:

(a)  in the case provided for in subparagraph i of that subparagraph a, the lesser of the contribution referred to in subparagraph 1 of that subparagraph i and the contribution referred to in subparagraph 2 of that subparagraph i;

(b)  in the case provided for in subparagraph ii of that subparagraph a, the lesser of the contribution referred to in subparagraph 1 of that subparagraph ii and the contribution referred to in subparagraph 2 of that subparagraph ii; and

(c)  in the case provided for in subparagraph iii of that subparagraph a, the lesser of the contribution referred to in subparagraph 1 of that subparagraph iii and the contribution referred to in subparagraph 2 of that subparagraph iii and, where applicable, on the amount that the employer is required to pay pursuant to subparagraph i or ii of that subparagraph a, established according to the lesser of the contribution referred to in subparagraph 1, and the contribution referred to in subparagraph 2, of that subparagraph i or ii.

Notwithstanding the first paragraph, a corporation referred to in the fourth paragraph shall not be liable, under this section, in respect of a payment it is required to make in a taxation year under subparagraph a of the first paragraph of section 34.0.0.0.1, for an amount of interest greater than the amount of interest for which it would be liable, in respect of that payment, if it had been a qualified corporation for the year.

A corporation to which the third paragraph refers is a corporation that is not a qualified corporation for the year and that

(a)  would be a qualified corporation for the year, but for section 737.18.23 of the Taxation Act (chapter I-3); or

(b)  was such a qualified corporation for the preceding taxation year and would be such a qualified corporation for the year, but for section 737.18.23 of the Taxation Act and if the definition of that expression in the first paragraph of section 737.18.18 of that Act were read without reference to paragraph c thereof.

2000, c. 39, s. 271; 2002, c. 40, s. 330.

34.0.0.0.4. (Repealed).

2002, c. 9, s. 148; 2003, c. 9, s. 439.

34.0.0.1. For the purposes of section 34, the following rules apply:

(a)  an employee who reports for work at an establishment of his employer means

i.  in respect of wages not described in subparagraph ii, an employee who reports for work at that establishment for the employee’s regular pay period to which the wages relate;

ii.  in respect of wages that are paid as a premium, an increase with retroactive effect or a vacation pay, that are paid to a trustee or custodian in respect of the employee or that do not relate to a regular pay period of the employee, an employee who ordinarily reports for work at that establishment;

(b)  where, during a regular pay period of an employee, the employee reports for work at an establishment of his employer situated in Québec and at an establishment of his employer situated outside Québec, the employee is deemed for that period, in respect of wages not described in subparagraph ii of subparagraph a,

i.  except where subparagraph ii applies, to report for work only at the establishment situated in Québec;

ii.  to report for work only at the establishment situated outside Québec where, during that period, he reports for work mainly at such an establishment of his employer;

(c)  where an employee ordinarily reports for work at an establishment of his employer situated in Québec and at an establishment of his employer situated outside Québec, the employee is deemed, in respect of wages described in subparagraph ii of subparagraph a, to ordinarily report for work only at the establishment situated in Québec.

1995, c. 63, s. 284; 2005, c. 38, s. 353.

34.0.0.2. For the purposes of section 34, where an employee is not required to report for work at an establishment of his employer and where his wages are not paid or deemed to be paid from such an establishment situated in Québec, that employee is deemed to report for work at an establishment of his employer situated in Québec for a pay period if, in reference to the place where he mainly reports for work, the place where he mainly performs his duties, the employee’s principal place of residence, the establishment from which the employee is supervised, the nature of the duties performed by the employee or any other similar criterion, it may reasonably be considered that the employee for that pay period is an employee of that establishment.

1997, c. 85, s. 373; 2002, c. 9, s. 149.

34.0.0.3. For the purposes of this subdivision, where an employee of an establishment, situated elsewhere than in Québec, of an employer provides a service in Québec to another employer that is not the employer of the employee, or for the benefit of such an other employer, an amount that may reasonably be regarded as the wages earned by the employee to provide the service is deemed to be wages paid by the other employer, in the pay period in which the wages are paid to the employee, to an employee of the other employer who reports for work at an establishment of that other employer situated in Québec if,

(a)  at the time the service is provided, the other employer has an establishment situated in Québec;

(b)  the service provided by the employee is

i.  performed by the employee in the ordinary course of performing the duties of the employment with the employer,

ii.  provided to, or for the benefit of, the other employer in the course of the regular, ongoing activities of a business carried on by the other employer, and

iii.  in the nature of the services provided by employees of employers carrying on the same type of business as the business referred to in subparagraph ii; and

(c)  the amount is not otherwise included in the aggregate of the wages paid by the other employer and determined for the purposes of this subdivision.

1997, c. 85, s. 373.

34.0.0.4. Section 34.0.0.3 does not apply in respect of a pay period of another employer referred to therein if the Minister is of opinion that a reduction in the contribution payable under this Act by the employers referred to in section 34.0.0.3 is not one of the purposes or expected results of entering into or maintaining in effect

(a)  an agreement under which the service is provided by the employee referred to in section 34.0.0.3 to the other employer or for the benefit of the other employer; or

(b)  any other agreement that affects the amount of wages paid by the other employer in the pay period for the purposes of this subdivision and that the Minister considers to relate to the agreement for the provision of services referred to in paragraph a.

1997, c. 85, s. 373.

34.0.1. In this subdivision, where a particular employer pays wages, other than an amount described in section 43, 43.3, 47 or 47.1 of the Taxation Act (chapter I‐3), in respect of which no employer would be bound, but for this section and the fifth and sixth paragraphs of section 34, to pay a contribution under section 34 and the person to whom the particular employer pays such wages is not required, in respect of those wages, to report for work at an establishment of the particular employer, the following rules apply:

(a)  the particular employer is deemed to be an employer of the person to whom he pays the wages;

(b)  the person to whom the wages are paid is deemed to be an employee of the particular employer.

1991, c. 8, s. 108; 1992, c. 1, s. 219; 1993, c. 64, s. 220; 1995, c. 1, s. 218; 1997, c. 14, s. 317; 1997, c. 85, s. 374; 2000, c. 39, s. 272; 2005, c. 38, s. 354.

34.0.2. For the purposes of this subdivision, where, in a period, an employee is, within the meaning of an agreement on social security providing for the reciprocal coverage of health insurance plans, entered into between the Gouvernement du Québec and the government of a foreign country, a worker seconded to that country by an employer having an establishment in Québec and, under the agreement, the employee is subject to the legislation of Québec only where reciprocity applies, he is deemed, for that period, to report for work at the establishment, situated in Québec, of the employer by whom he was so seconded and, where his wages for that period are not paid by the employer by whom he was seconded, the following rules apply:

(a)  the employee must inform that employer in writing, on or before the sixtieth day following the end of a year, of the aggregate of all amounts paid to him as wages during all or part, as the case may be, of the period included in that year, as a worker seconded by the employer, within the meaning of the agreement;

(b)  the amounts so paid to the employee as wages during all or part, as the case may be, of the period included in the year, are deemed to be wages paid by the employer to his employee, on the sixtieth day following the end of the year.

1993, c. 19, s. 159; 1993, c. 64, s. 221.

34.1. Where an employer has undertaken in a collective agreement entered into under the Labour Code (chapter C-27) to pay, for the benefit of his employees, the contribution that they had to pay under Division II of the Act to provide for the financing of health programmes (1976, chapter 27) as it read before being replaced by Division I of Chapter IV of this Act, he must remit to them an amount equivalent to that contribution at each maturity until the end of his undertaking. The employer must in addition indicate to the association certified under the Labour Code, not later than 60 days after 4 April 1979, the amount so returned to each of his employees and the manner in which that amount was established.

The employer is discharged from the obligation to remit to his employees the amount owing to them under the first paragraph, if the association certified under the Labour Code accepts that the employer grant equivalent benefits to his employees.

Payment of the amounts owed by an employer to his employees under the first and second paragraphs shall not be exacted by them before the expiry of the 60 days contemplated in the first paragraph.

Any difficulty resulting from the application of this section constitutes a grievance within the meaning of the Labour Code as in the case of the interpretation or application of the collective agreement binding the employer and that association.

1979, c. 1, s. 58.

34.1.0.1. The proportion to which the sixth paragraph of section 34 refers, for a taxation year, is determined by the formula

1-[(A - $20,000,000) / $10,000,000].

In the formula provided for in the first paragraph, A is the greater of $20,000,000 and the paid-up capital attributed to the qualified corporation for the taxation year determined in accordance with section 737.18.24 of the Taxation Act (chapter I-3).

2002, c. 40, s. 331.

§ 3 . — Contribution payable by individuals

1993, c. 64, s. 222.

34.1.1. Every individual resident in Québec on the last day of a year, other than an individual who, under section 982 or 983 of the Taxation Act (chapter I-3) or subparagraphs a to c of the first paragraph of section 96 of the Act respecting the Ministère du Revenu (chapter M-31) is exempt from the tax provided for under Part I of the Taxation Act for the year, shall pay a contribution on his total income for the year.

1993, c. 64, s. 222.

34.1.2. For the purposes of section 34.1.1, where, in a year, an individual has died or has ceased to be resident in Canada, the last day of that year is deemed to be the day of his death or the last day of his being resident in Canada, as the case may be.

1993, c. 64, s. 222.

34.1.3. Where, for the purposes of Part I of the Taxation Act (chapter I-3), an individual is deemed to have been resident in Québec throughout a year, he is deemed, for the purposes of this subdivision, to have been resident in Québec throughout the year.

1993, c. 64, s. 222.

34.1.4. In this subdivision, subject to section 34.1.5, the total income of an individual for a year means the amount by which

(a)  the aggregate of

i.  any amount that, for the purposes of Part I of the Taxation Act (chapter I‐3), the individual is required to include in computing his income for the year from an office or employment under

(1)  section 42.8 of the said Act,

(2)  section 43 of the said Act, or

(3)  section 58.2 or 58.3 of the said Act by reason of paragraph a of those sections;

ii.  any amount representing the individual’s income for the year from a business or property, computed in accordance with Part I of the Taxation Act but without reference to the second paragraph of section 497 of the said Act,

iii.  any amount representing an amount determined for the year in respect of the individual under paragraph b of section 28 of the Taxation Act, in respect of capital gains and capital losses;

iv.  any amount, other than income derived from an office, an employment, a business or property, computed in accordance with Part I of the Taxation Act, and other than an amount contemplated in subparagraph iii, that is included in computing the individual’s income for the year under Part I of the said Act, except any amount included in the computation by reason of

(1)  section 310 of the said Act, to the extent that section 310 refers to section 931.1 or 965.20 of the said Act;

(2)  paragraph k.0.1 of section 311, paragraph g of section 312 or section 317 of the said Act, if such amount is deductible in computing the individual’s taxable income for the year under section 725 of the said Act by reason of any of paragraphs a.1, c and c.0.1 of that section 725, or is an amount received as a pension under the Old Age Security Act (Revised Statutes of Canada, 1985, chapter O-9), or

(3)   paragraph e.2 of section 311 or any of sections 311.1, 311.2, 312.4 and 313.10 of the said Act; exceeds;

v.  (subparagraph repealed);

(b)  the aggregate of

i.  any amount representing the individual’s loss for the year from a business or property, computed in the manner described in subparagraph ii of paragraph a,

ii.   any amount deducted in computing the individual’s income for the year by reason of

(1)  any of paragraphs d, d.1 and f to i of section 336 of the Taxation Act, except to the extent that paragraph d of that section refers to an overpayment of an amount described in section 311.1 or 311.2 of the said Act or to a pension paid under the Old Age Security Act, and except to the extent that the amount referred to in paragraph g of that section 336 was not included for the purpose of computing the individual’s total income under subparagraph 2 of subparagraph iv of paragraph a,

(2)  section 336.0.3 of the Taxation Act,

(3)  paragraph b of section 339 of the Taxation Act to the extent that that paragraph refers to an amount that is deductible under any of sections 924, 926 and 928 of the said Act,

(4)  paragraph c of section 339 of the Taxation Act to the extent that that paragraph refers to an amount that is deductible under section 952.1 of the said Act,

(5)  any of paragraphs d, d.1, d.2, f,i.1 and j of section 339 of the Taxation Act,

(5.1)  section 346.0.1, to the extent that it is reasonable to consider that the amount so deducted is attributable to the part of the individual’s income from artistic activities for the year, referred to in subparagraph ii of paragraph a, or

(6)  section 961.20 or 961.21 of the Taxation Act;

ii.1.  (subparagraph repealed);

iii.  the part of any allowable business investment loss, within the meaning of section 1 of the Taxation Act, of the individual for the year, deducted by the individual in computing his income for the year under subparagraph ii of paragraph c of section 28 of the said Act;

iv.  where the individual is contemplated by section 737.16 of the Taxation Act, that part of the aggregate determined under paragraph a than can reasonably be considered to entitle the individual to a deduction under that section in computing his taxable income for the year; and

iv.1.  where the individual is referred to in section 737.18.10 of the Taxation Act, that part of the aggregate determined under paragraph a that can reasonably be considered to entitle the individual to a deduction under that section in computing the individual’s taxable income for the year;

iv.2.  where the individual is referred to in section 737.18.34 of the Taxation Act, that part of the aggregate determined under paragraph a that can reasonably be considered to entitle the individual to a deduction under that section in computing the individual’s taxable income for the year;

v.  any amount included in the aggregate determined under paragraph a that is

(1)  an amount exempt from income tax in Québec or in Canada that is deducted by the individual in computing his taxable income for the year under section 725 of the Taxation Act by reason of paragraph a thereof, or

(2)  income derived from employment that is deducted by the individual in computing his taxable income for the year under section 725 of the Taxation Act by reason of paragraph d thereof;

(3)  income situated on a reserve or premises that the individual deducts in computing his taxable income for the year under section 725 of the Taxation Act by reason of paragraph e thereof;

v.1.  where the individual so elects, that part of any amount included in the aggregate determined under paragraph a and not otherwise deductible in computing the individual’s total income for the year, that relates to an eligible preceding year of the individual, in relation to that year and that the individual deducted under section 725.1.2 of the Taxation Act, or could have deducted under that section if the individual had made the election provided for in that section, in computing the individual’s taxable income for the year,

vi.  any other amount not otherwise deductible in computing the individual’s total income for the year that the individual has deducted in computing his income for the year under Part I of the Taxation Act as repayment of an amount included in the aggregate determined in his respect under paragraph a for a year, or that would be so determined if this section did not apply to that year.

1993, c. 64, s. 222; 1994, c. 22, s. 358; 1995, c. 1, s. 219; 1995, c. 49, s. 243; 1995, c. 63, s. 285; 1997, c. 85, s. 375; 1998, c. 16, s. 300; 1999, c. 86, s. 101; 2000, c. 39, s. 273; 2001, c. 7, s. 176; 2001, c. 51, s. 249; 2002, c. 40, s. 332; 2004, c. 21, s. 519; 2005, c. 23, s. 270; 2005, c. 38, s. 355.

34.1.5. For the purpose of determining an individual’s total income for the year, the following rules apply:

(a)  in the case of an individual who has been resident in Canada during part of the year only and, during some other part of the year, has not held employment, within the meaning of section 1 of the Taxation Act (chapter I‐3), in Canada or has not carried on a business in Canada, only the amounts contemplated in section 34.1.4 that are included or deducted in computing the amount determined for the year in respect of the individual under subparagraph a of the second paragraph of section 23 of the said Act shall be taken into account;

(b)  in the case of an individual who has died in the year, only the amounts included or deducted in computing his income as indicated in a separate fiscal return filed for the year as a result of an election made in accordance with the second paragraph of section 429 of the Taxation Act or section 681 or 1003 of the said Act, shall be taken into account;

(c)  in the case of an individual who, in the year, is a member of a partnership that operates an international financial centre, within the meaning of section 6 of the Act respecting international financial centres (chapter C‐8.3), that individual is deemed to have, for the year,

i.  realized an additional income from a business equal to the second aggregate that is mentioned in the first paragraph of section 52 of that Act and determined in respect of the individual for the year under that paragraph, and

ii.  sustained an additional loss from a business equal to the first aggregate that is mentioned in the first paragraph of section 52 of that Act and determined in respect of the individual for the year under that paragraph.

1993, c. 64, s. 222; 2005, c. 38, s. 356; 2006, c. 36, s. 279.

34.1.6. The contribution payable by an individual for a particular year under this subdivision is, without exceeding $1,000, equal to the aggregate of the amount, where subparagraph v.1 of paragraph b of section 34.1.4 applies, determined in the second paragraph and

(a)  where the individual’s total income for the year does not exceed $41,400, the lesser of $150 and 1% of the amount by which the individual’s total income exceeds $11,905; or

(b)  where the individual’s total income for the year exceeds $41,400, the lesser of $1,000 and the aggregate of $150 and 1% of the amount by which the individual’s total income exceeds $41,400.

The amount to which the first paragraph refers is equal to the aggregate of all amounts each of which is, for an eligible preceding year of the individual, in relation to the particular year, to which the amount deducted for the particular year in computing the individual’s total income under subparagraph v.1 of paragraph b of section 34.1.4 relates in whole or in part, the aggregate of

(a)  the amount determined by the formula

A - B; and

(b)  where the eligible preceding year is a year preceding the year immediately before the particular year, the amount of interest that would be computed, in respect of the eligible preceding year, in accordance with the second paragraph of section 28 of the Act respecting the Ministère du Revenu (chapter M‐31) for the period beginning on 1 May of the year following the eligible preceding year and ending before the beginning of the particular year, on the amount determined, in respect of the eligible preceding year, under subparagraph a, if that amount was a refund due by the Minister under a fiscal law.

In the formula in subparagraph a of the second paragraph,

(a)  A is the amount by which the amount of the contribution that the individual would have been required to pay under this subdivision for the eligible preceding year if the individual’s total income for the eligible preceding year had been increased by the portion, relating to that eligible preceding year, of the aggregate of the amounts deducted in computing the individual’s total income under subparagraph v.1 of paragraph b of section 34.1.4, for the particular year or for a preceding year, except, if the eligible preceding year ends before 1 January 2003, such an amount deducted in a year that ends before 1 January 2004, exceeds the amount of the contribution payable by the individual under this subdivision for that eligible preceding year; and

(b)  B is the aggregate of all amounts each of which is equal to the amount determined, in respect of the eligible preceding year, by the formula in subparagraph a of the second paragraph for a year preceding the particular year.

For the purpose of determining the second aggregate referred to in the portion of the second paragraph before subparagraph a, in respect of the eligible preceding year, the following rules apply:

(a)   the proportion described in the fifth paragraph is deemed to be equal to 1 for the eligible preceding year; and

(b)  where an individual was resident in Canada outside Québec on the last day of the eligible preceding year, the individual is deemed to have been resident in Québec on the last day of that eligible preceding year.

However, the contribution payable under this subsection for a year by an individual who carries on a business outside Québec but within Canada, is equal to the part of the contribution that would, but for this paragraph, be established for the year under this section in respect of the individual, and corresponding to the proportion between his income earned in Québec and his income earned in Québec and elsewhere, as established by regulation.

1993, c. 64, s. 222; 2000, c. 39, s. 274; 2004, c. 21, s. 520; 2005, c. 1, s. 328; 2005, c. 38, s. 357; 2006, c. 36, s. 280.

34.1.6.1. Each of the amounts referred to in the third paragraph shall, where it is to be used for a year subsequent to the year 2004, be adjusted annually in such a manner that the amount used for that year is equal to the total of the amount used for the preceding year and the product obtained by multiplying that amount so used by the factor determined by the formula

(A / B) − 1.

In the formula provided for in the first paragraph,

(a)  A is the overall average Québec consumer price index without alcoholic beverages and tobacco products for the 12-month period that ended on 30 September of the year preceding that for which an amount is to be adjusted; and

(b)  B is the overall average Québec consumer price index without alcoholic beverages and tobacco products for the 12-month period that ended on 30 September of the year next before the year preceding that for which the amount is to be adjusted.

The amounts to which the first and sixth paragraphs refer are

(a)  the amount of $11,905 mentioned in subparagraph a of the first paragraph of section 34.1.6; and

(b)  the amount of $41,400, wherever it is mentioned in the first paragraph of section 34.1.6.

For the purposes of the first paragraph, where the factor determined by the formula provided for in that paragraph is less than zero, it is deemed to be equal to zero.

Where the amount that results from the adjustment provided for in the first paragraph is not a multiple of $5, it shall be rounded to the nearest multiple of $5 or, if it is equidistant from two such multiples, to the higher thereof.

For the purposes of the first paragraph in respect of an amount to be used for the year 2005, each of the amounts referred to in the third paragraph is deemed to be the amount used for the year 2004.

2004, c. 21, s. 521; 2005, c. 1, s. 329.

34.1.6.2. (Repealed).

2004, c. 21, s. 521; 2005, c. 1, s. 330.

34.1.7. Except where inconsistent with this subdivision, the second paragraph of section 87.4, subsection 2 of section 333.2, the second paragraph of section 421.8 and sections 485.48, 929.1, 1000 to 1002, 1004 to 1026.0.1, 1026.2 and 1034 to 1079.16 of the Taxation Act (chapter I-3) apply, with the necessary modifications, to this subdivision.

1993, c. 64, s. 222; 1995, c. 1, s. 220; 1995, c. 49, s. 244; 1995, c. 63, s. 286; 1997, c. 14, s. 318.

34.1.8. An individual who is not required, under Part I of the Taxation Act (chapter I-3), to make partial payments of the tax payable by him under that Part for a year, is not required to make such payments on his contribution for the year under this subdivision.

1993, c. 64, s. 222.

§ 3.1 . — Corporation established in E-Commerce Place

2003, c. 9, s. 440.

34.1.9. An employer who, for a taxation year, is a corporation referred to in the first paragraph of section 1029.8.36.0.3.48 or 1029.8.36.0.3.57 of the Taxation Act (chapter I-3), and who, for that taxation year, elects under the fourth paragraph of section 1029.8.36.0.3.48 or under the second paragraph of section 1029.8.36.0.3.57, is deemed, on the date on which the employer files the election with the Minister of Revenue in prescribed form containing the prescribed information referred to in subparagraph a of the third paragraph of section 1029.8.36.0.3.48 or in the first paragraph of section 1029.8.36.0.3.57, to have made an overpayment to the Minister of Revenue, for the purposes of this division.

The amount of the overpayment referred to in the first paragraph is equal to the aggregate of all amounts each of which is an amount that the employer would be deemed to have paid to the Minister of Revenue for the taxation year under section 1029.8.36.0.3.48, if it were read without reference to the fourth and fifth paragraphs thereof, or under section 1029.8.36.0.3.57, if it were read without reference to the second and third paragraphs thereof.

The Minister of Revenue shall refund to the employer who files the election referred to in the first paragraph with the Minister of Revenue the amount determined under the second paragraph as an overpayment.

2003, c. 9, s. 440.

34.1.10. The Minister of Revenue shall, with dispatch, examine the prescribed form containing the prescribed information that is filed with the Minister of Revenue by an employer in accordance with the first paragraph of section 34.1.9, determine the amount of the deemed overpayment that the Minister of Revenue must refund to the employer and send a notice of determination to the employer.

Paragraph f of section 312 of the Taxation Act (chapter I-3), paragraph e of section 336 of that Act, the provisions of Book IX of Part I of that Act and Chapters III.1 and III.2 of the Act respecting the Ministère du Revenu (chapter M-31), as they relate to an assessment or a reassessment and to a determination or redetermination of tax, apply, with the necessary modifications, to a determination or redetermination of the amount of the overpayment referred to in the first paragraph.

2003, c. 9, s. 440.

34.1.11. The sums necessary for the refund of an overpayment referred to in section 34.1.9 shall be taken out of the tax revenues collected under the Taxation Act (chapter I-3).

2003, c. 9, s. 440.

§ 4 . — Miscellaneous provisions

1993, c. 64, s. 222.

34.2. Where an amount, other than an amount relating to the contribution referred to in subdivision 3 or an amount relating to an overpayment referred to in subdivision 3.1, is refunded or applied to another liability, interest shall be paid on such amount at the rate provided for in the second paragraph of section 28 of the Act respecting the Ministère du Revenu (chapter M-31) and for the period determined in accordance with section 30 of that Act.

1988, c. 4, s. 157; 1993, c. 64, s. 223; 2003, c. 9, s. 441.

35. The Government may make regulations to

(a)  determine, for the purposes of section 34, the cases where an employee is deemed to report for work in an establishment of his employer in Québec;

(b)  generally prescribe the measures for the carrying out of this division.

1978, c. 70, s. 10.

36. Every regulation made under this division shall come into force on the day of its publication in the Gazette officielle du Québec and, if it so provides, it may take effect from a date prior or subsequent to the date of its publication; in this latter case, however, the date shall not be prior to the effective date of the legislative provision under which the regulation was made.

1978, c. 70, s. 10.

37. This division constitutes a fiscal law within the meaning of the Act respecting the Ministère du Revenu (chapter M-31).

1978, c. 70, s. 10.

DIVISION I.1 PRESCRIPTION DRUG INSURANCE

1996, c. 32, s. 106.

§ 1 . — Interpretation

1996, c. 32, s. 106.

37.1. In this division and the regulations, unless the context indicates otherwise,

“average contribution rate” for a particular year means, for the purposes of any of subparagraphs i and ii of subparagraphs a and d of the second paragraph of section 37.6, the contribution rate applicable from 1 July of the particular year in respect of that subparagraph added to the contribution rate applicable from 1 July of the preceding year in respect of that subparagraph, divided by two and rounded to the nearest whole percentage point or, if equidistant from two percentage points, to the higher of the two;

“beneficiary” means an individual referred to in section 5 of the Act respecting prescription drug insurance (chapter A-29.01);

“contribution rate” means the percentage applicable from 1 July of a particular year in respect of each of subparagraphs i and ii of subparagraphs a and d of the second paragraph of section 37.6, which

(a)  for the year 2002,

i.  in the case of subparagraph i of the said subparagraph a, is equal to 2.19%;

ii.  in the case of subparagraph ii of the said subparagraph a, is equal to 4.38%;

iii.  in the case of subparagraph i of the said subparagraph d, is equal to 3.29%; and

iv.  in the case of subparagraph ii of the said subparagraph d, is equal to 6.58%; and

(b)  for any year subsequent to 2002, is equal to the percentage applicable at 1 July of the year preceding that subsequent year or to such percentage as may be determined on 1 July of that subsequent year according to the rate of adjustment fixed annually by the Board pursuant to section 28.1 of the Act respecting prescription drug insurance, rounded to the nearest whole percentage point or, if equidistant from two percentage points, to the higher of the two;

“dependent child” of an individual for a year means a child in respect of whom the individual or the individual’s eligible spouse for the year has received, for the year, an amount deemed under section 1029.8.61.18 of the Taxation Act (chapter I-3) to be an overpayment of tax payable, or a child in respect of whom the individual or the individual’s eligible spouse for the year has deducted, for the year, an amount under section 752.0.1 of that Act as a consequence of the application of paragraph b or c thereof, or could have deducted such an amount if the individual had been resident in Québec for the purposes of that Act, throughout the year or, if the individual died in the year, throughout the period of the year preceding the time of death;

“due date” means, in respect of an individual for a year,

(a)  where the individual died after 31 October in the year and before 1 May in the immediately following year, the day that is 6 months after the day of death, and

(b)  in any other case, 30 April in the immediately following year;

“eligible spouse” of an individual for a year means the person who is the individual’s eligible spouse for the year for the purposes of Title IX of Book V of Part I of the Taxation Act;

“family income” of an individual for a year means the amount by which the aggregate of the income of the individual for the year, determined under Part I of the Taxation Act, and the income, for the year, of the individual’s eligible spouse for the year, determined under that Part I, exceeds the aggregate determined in accordance with section 37.4 in respect of the individual for the year;

“individual” means an individual within the meaning of Part I of the Taxation Act, other than a trust within the meaning of section 1 of that Act;

“Minister” means the Minister of Revenue;

“month” means a calendar month, that is the period from the first day of a month to the last day of that month;

“regulation” means a regulation made by the Government under this division;

“year” means the calendar year.

1996, c. 32, s. 106; 1997, c. 85, s. 376; 1999, c. 83, s. 286; 2002, c. 27, s. 34; 2003, c. 9, s. 442; 2005, c. 1, s. 331.

37.2. (Repealed).

1996, c. 32, s. 106; 2003, c. 9, s. 443.

37.2.1. (Repealed).

1997, c. 85, s. 377; 2003, c. 9, s. 443.

37.2.2. For the purposes of the definition of “family income” in section 37.1, where an individual was not, for the purposes of the Taxation Act (chapter I-3), resident in Canada throughout a year, the individual’s income for the year is deemed to be equal to the income that would be determined in respect of the individual for the year under Part I of that Act if the individual had, for the purposes of that Act, been resident in Québec and in Canada throughout the year or, where the individual died in the year, throughout the period of the year preceding the time of death.

1997, c. 85, s. 377; 1999, c. 83, s. 287; 2003, c. 9, s. 444.

37.3. (Repealed).

1996, c. 32, s. 106; 1997, c. 85, s. 378.

37.4. The aggregate to which the definition of `family income´ in section 37.1 refers in respect of an individual referred to in section 37.6 for a year is the aggregate of

(a)  an amount equal to

i.  $13,020 where, for the year, the individual has no eligible spouse and no dependent child,

ii.  $21,100 where, for the year, the individual has no eligible spouse but has one dependent child,

iii.  $23,975 where, for the year, the individual has no eligible spouse but has more than one dependent child,

iv.  $21,100 where, for the year, the individual has an eligible spouse but has no dependent child, and

v.  where, for the year, the individual has an eligible spouse and at least one dependent child,

(1)  $23,975 where the individual has one dependent child for the year, or

(2)  $26,625 where the individual has more than one dependent child for the year; and

(b)  where the individual so elects for the year, the portion relating to one or more preceding years of the amount described in the second paragraph that the individual includes in computing the family income for the year.

The amount to which subparagraph b of the first paragraph refers is an amount received in the year by the individual or the individual’s eligible spouse as, or in lieu of, full or partial payment of a pension, supplement or allowance received under the Old Age Security Act (Revised Statutes of Canada, 1985, chapter O-9).

1996, c. 32, s. 106; 1997, c. 85, s. 379; 1999, c. 83, s. 288; 2001, c. 51, s. 250; 2003, c. 9, s. 445; 2004, c. 21, s. 522; 2005, c. 23, s. 271; 2006, c. 13, s. 235; 2006, c. 36, s. 281.

37.5. (Repealed).

1996, c. 32, s. 106; 1997, c. 85, s. 380.

§ 2 . — Amount payable by an individual

1996, c. 32, s. 106.

37.6. An individual must pay for a year, on the due date, an amount equal to the lesser of

(a)  the aggregate, for each month of the year during which the individual is a beneficiary other than a beneficiary referred to in section 37.7, of

i.  for each of those months from January to June, 1/12 of $422 or of such amount as may be determined on 1 July of the year preceding that year, for the purposes of section 23 of the Act respecting prescription drug insurance (chapter A-29.01), in accordance with the first paragraph of section 28.1 of that Act; and

ii.  for each of those months from July to December, 1/12 of $422 or of such amount as may be determined on 1 July of that year, for the purposes of section 23 of the Act respecting prescription drug insurance, in accordance with the first paragraph of section 28.1 of that Act; and

(b)  the amount determined in respect of the individual for the year using the formula

C[(A × B) + (D × E)].

For the purposes of the formula set out in subparagraph b of the first paragraph,

(a)  A is

i.  the average contribution rate applicable for the year in respect of this subparagraph, if the individual has an eligible spouse for the year; or

ii.  the average contribution rate applicable for the year in respect of this subparagraph, in all other cases;

(b)  B is the lesser of the family income of the individual for the year and $5,000 or such other amount as may be prescribed for the year;

(c)  C is the quotient obtained by dividing the number of months referred to in subparagraph a of the first paragraph by 12;

(d)  D is

i.  the average contribution rate applicable for the year in respect of this subparagraph, if the individual has an eligible spouse ; or

ii.  the average contribution rate applicable for the year in respect of this subparagraph, in all other cases ;

(e)  E is the amount by which the family income of the individual for the year exceeds $5,000 or such other amount as may be prescribed for the year.

1996, c. 32, s. 106; 1997, c. 85, s. 381; 2000, c. 23, s. 3; 2002, c. 27, s. 35.

37.7. A beneficiary referred to in subparagraph a of the first paragraph of section 37.6 is an individual who

(a)  is a person benefitting from the coverage provided for by the basic prescription drug insurance plan established by the Act respecting prescription drug insurance (chapter A-29.01) under a group insurance contract or employee benefit plan applicable to a group of persons determined in accordance with section 15.1 of that Act;

(b)  is a person referred to in section 6 or 25 of the Act respecting prescription drug insurance;

(c)  is a child within the meaning of paragraph 1 of section 17 of the Act respecting prescription drug insurance;

(d)  is a person suffering from a functional impairment within the meaning of paragraph 1 of section 17 of the Act respecting prescription drug insurance;

(e)  is eligible under a last resort financial assistance program provided for by the Individual and Family Assistance Act (chapter A-13.1.1) or receives an allowance under the second paragraph of section 67 of the Social Aid Act (1969, chapter 63), and holds a valid claim booklet issued by the Minister of Employment and Social Solidarity pursuant to section 70 of the Health Insurance Act (chapter A-29);

(f)  is 60 years of age or over and less than 65 years of age and holds a valid claim booklet issued by the Minister of Employment and Social Solidarity pursuant to section 71 of the Health Insurance Act;

(g)  is a person belonging to a prescribed class.

1996, c. 32, s. 106; 1997, c. 63, s. 138; 1997, c. 85, s. 382; 1998, c. 36, s. 186; 2001, c. 44, s. 30; 2006, c. 36, s. 282; 2005, c. 15, s. 167.

37.8. An individual who has so elected, in prescribed form containing the prescribed information, shall pay for a year, on the due date, the amount that the individual’s eligible spouse for the year would, were it not for this section, pay for the year under section 37.6.

Where an individual has made an election under the first paragraph, the individual’s eligible spouse for the year is deemed to have no amount to pay for the year under the said section 37.6.

1996, c. 32, s. 106; 1997, c. 85, s. 383.

37.8.1. Where, because of subparagraph b of the first paragraph of section 37.4, an individual deducts a particular amount in computing the individual’s family income for a year, the individual shall add to the amount otherwise payable by the individual under section 37.6 for the year the aggregate of all amounts each of which is the amount by which the amount that the individual would have had to pay under section 37.6 for a preceding year to which the particular amount relates, if the portion of the particular amount that relates to that preceding year had been included in computing the individual’s family income for that preceding year, exceeds the amount described in the second paragraph.

The amount to which the first paragraph refers is the amount payable by the individual under section 37.6 for the preceding year referred to in that first paragraph.

2003, c. 9, s. 446.

§ 3 . — Miscellaneous provisions

1996, c. 32, s. 106.

37.9. An individual shall send to the Minister for a year the prescribed form containing the prescribed information on or before the date on which the individual is required to file, under section 1000 of the Taxation Act (chapter I‐3), a fiscal return for the year or on which the individual would be required to file such a return if tax were payable by the individual for that year under Part I of that Act, where

(a)  the individual is required to pay, for the year, an amount under section 37.6 or 37.8;

(b)  the individual sends to the Minister, for the year, the fiscal return referred to in section 1000 of the Taxation Act;

(c)  the individual sends to the Minister, for the year, a return for the purposes of subdivision 3 of Division I;

(c.1)  the individual files with the Minister, for the year, a return in respect of the individual’s qualified wages, if the individual is for that year a person to whom section 51 of the Act respecting parental insurance (chapter A‐29.011) applies, or in respect of the individual’s business income, for the purposes of Chapter IV of that Act;

(d)  the individual files with the Minister, for the year, a return of the self-employed earnings of the individual for the purposes of the Act respecting the Québec Pension Plan (chapter R‐9); or

(e)  the individual files with the Minister, for the year, an application under section 15 of the Act respecting property tax refund (chapter R‐20.1).

1996, c. 32, s. 106; 1997, c. 85, s. 384; 2005, c. 38, s. 358.

37.10. Except where inconsistent with this division, sections 1004 to 1014, 1025 to 1026.0.1, 1026.2 and 1037 to 1053 of the Taxation Act (chapter I-3), adapted as required, apply to this division.

Notwithstanding the first paragraph, sections 1025 to 1026.0.1 of the Taxation Act do not apply to section 37.8.

1996, c. 32, s. 106; 1997, c. 85, s. 385.

37.11. An individual who is not required, under Part I of the Taxation Act (chapter I-3), to make partial payments of his tax payable under that Part for a year is not required to make partial payments of the amount payable by him for the year under section 37.6

1996, c. 32, s. 106.

37.12. The Minister may require a public body or a person belonging to one of the classes of persons he determines to send to him such information as he determines, except personal information of a medical nature, by way of electronic filing or of a computer-generated medium, subject to the terms and conditions he determines.

1996, c. 32, s. 106; 1997, c. 85, s. 386; 2006, c. 22, s. 177.

37.13. The Government may make regulations

(a)  to determine an amount which may be prescribed for the purposes of any provision of this division;

(a.1)  to determine a class of persons which may be prescribed for the purposes of paragraph g of section 37.7;

(b)  to require any person included in one of the classes of persons it determines to file any return it may prescribe relating to any information necessary for the establishment of an assessment provided for in this division and to send, where applicable, a copy of such a return or of a part thereof to any person to whom the return or part thereof relates and to whom it indicates in the regulation;

(c)  to generally prescribe the measures required for the application of this division.

1996, c. 32, s. 106; 1997, c. 85, s. 387.

37.14. The regulations made under this division come into force on the date of their publication in the Gazette officielle du Québec and, where they so provide, may take effect on any date subsequent or prior to such publication; in the latter case, however, the date shall not be prior to 1 January 1997.

1996, c. 32, s. 106.

37.15. This division is a fiscal law within the meaning of the Act respecting the Ministère du Revenu (chapter M-31).

1996, c. 32, s. 106.

DIVISION II HEALTH INSURANCE FUND

1978, c. 70, s. 10.

38. A special fund designated under the name of “Health Services Fund” is established at the Ministère des Finances in order to provide for

(a)  the payment of the sums required by the Board for the application of the Health Insurance Act (chapter A-29) and this Act, with the exception, in the latter case, of the sums recoverable under section 2.1;

(b)  the financing of hospital services offered under the programs of the Ministère de la Santé et des Services sociaux.

1978, c. 70, s. 10; 1981, c. 12, s. 28; 1985, c. 23, s. 24; 1991, c. 42, s. 593.

39. The Minister of Revenue shall, at least once a month, remit the contributions contemplated in sections 34 and 34.1.1 to the health services fund.

The Minister of Finance shall distribute the sums paid into the health services fund equally among the Régie de l’assurance maladie and the Ministère de la Santé et des Services sociaux.

The Minister of Finance shall periodically add, to the sums thus assigned to the Board, out of the consolidated revenue fund and according to the development of the needs of the Board as established within the scope of section 45 of the Public Administration Act (chapter A-6.01), sums for a total amount, for one financial year of the Régie, that must be equal to the difference between the amount of such needs and the amount of the sums assigned to it pursuant to the preceding paragraph during the same financial year.

1978, c. 70, s. 10; 1981, c. 12, s. 29; 1985, c. 23, s. 24; 1993, c. 64, s. 224; 1999, c. 89, s. 52; 2000, c. 8, s. 182.

40. The Minister of Finance shall dispose of the health services fund in accordance with the needs of the Board and of the Ministère de la Santé et des Services sociaux.

The Minister of Finance may prescribe the manner in which the sums paid into the fund and those withdrawn from it are to be accounted for.

1978, c. 70, s. 10; 1981, c. 12, s. 30; 1985, c. 23, s. 24.

DIVISION II.1 PRESCRIPTION DRUG INSURANCE FUND

1996, c. 32, s. 107.

40.1. A fund to be known as the prescription drug insurance fund is hereby established in which the following sums shall be deposited:

(a)  the sums remitted by the Minister of Revenue under sections 37.6 and 37.8;

(b)  the sums recovered by the Board with respect to pharmaceutical services and medications furnished to a person referred to in paragraph 4 of section 15 of the Act respecting prescription drug insurance (chapter A-29.01);

(c)  the sums paid by the Minister of Finance under section 40.5;

(d)  the sums attributed to the Minister of Health and Social Services having regard to the additional cost of medications that are not subject to the lowest price method prescribed by the list of medications drawn up under section 60 of the Act respecting prescription drug insurance;

(d.1)  the sums received under financial risk-sharing agreements and agreements providing for compensatory measures made under the second paragraph of section 52.1 of the Act respecting prescription drug insurance;

(e)  the interest deriving from the sums referred to in paragraphs a, b, c, d and d.1.

1996, c. 32, s. 107; 2000, c. 23, s. 4; 2005, c. 40, s. 40.

40.1.1. In addition to the sums paid pursuant to section 40.1, the Minister of Finance shall pay into the Prescription Drug Insurance Fund, out of the Consolidated Revenue Fund and according to the development of needs as established within the scope of section 40.4, sums for a total amount which, combined with the sums paid pursuant to section 40.1, must be sufficient to meet the obligations referred to in section 40.2.

However, the sums added by the Minister of Finance under the first paragraph shall not exceed the sums and administration costs necessary to pay for the pharmaceutical services and the medications provided to a person referred to in paragraph 1, 2 or 3 of section 15 of the Act respecting prescription drug insurance (chapter A-29.01).

2002, c. 27, s. 36.

40.2. The following sums shall be taken out of the fund:

(a)  the sums required to pay the cost of the pharmaceutical services and medications furnished to a person referred to in section 15 of the Act respecting prescription drug insurance (chapter A-29.01);

(b)  the amount payable to the Minister of Revenue and to the Board for the administration expenses shown in the budgetary estimates approved by the Government in accordance with section 40.4;

(c)  interest charges and the reimbursement of advances and loans paid under section 40.5.

1996, c. 32, s. 107; 2002, c. 27, s. 37.

40.3. The aggregate of the sums paid into the Fund in accordance with sections 40.1 and 40.1.1 must, in the long term, cover the payment of the expenses listed in section 40.2.

1996, c. 32, s. 107; 2002, c. 27, s. 38.

40.4. The Government shall approve, annually, the budgetary estimates for the prescription drug insurance fund which shall be submitted to the Minister of Health and Social Services by the Board not later than the first day of June following the beginning of the fiscal year covered by the estimates. The estimates must, in particular, include the elements listed in sections 40.1, 40.1.1 and 40.2.

1996, c. 32, s. 107; 2002, c. 27, s. 39.

40.5. The Minister of Finance may, with the authorization of the Government and subject to the conditions it determines, advance to the Fund sums taken out of the Consolidated Revenue Fund.

In addition to the borrowing powers provided for in this Act, the Board may, in its capacity as manager of the Fund, borrow sums taken from the Financing Fund of the Ministère des Finances from the Minister of Finance.

1996, c. 32, s. 107.

40.6. The management of the sums constituting the Fund shall be entrusted to the Board.

1996, c. 32, s. 107.

40.7. The fiscal year of the Fund ends on 31 March.

1996, c. 32, s. 107.

40.8. The sums referred to in sections 40.1 and 40.1.1 shall be deposited as and when they are collected with one or more banks within the meaning of the Bank Act (Revised Statutes of Canada, 1985, chapter B-1) or the Québec Savings Banks Act (Revised Statutes of Canada, 1970, chapter B-4), or with a financial services cooperative governed by the Act respecting financial services cooperatives (chapter C-67.3).

1996, c. 32, s. 107; 2000, c. 29, s. 667; 2002, c. 27, s. 40.

40.9. The Board must, not later than 31 July each year, present a financial report on the operations of the fund for the preceding fiscal year to the Minister of Health and Social Services. The report must contain information on the number of agreements made under the second paragraph of section 52.1 of the Act respecting prescription drug insurance (chapter A-29.01), the number of products and enterprises concerned, and the sums paid under those agreements. The report shall be tabled in the National Assembly within 30 days or, if the Assembly is not sitting, within 30 days of resumption.

1996, c. 32, s. 107; 2005, c. 40, s. 41.

DIVISION III WORKING FUND

1978, c. 70, s. 10.

41. The Minister of Finance may, with the authorization of the Government and on the conditions determined by the latter, advance to the Board out of the Consolidated Revenue Fund any amount considered necessary for the maintenance of a working fund for the application of this Act and the Health Insurance Act (chapter A-29).

1978, c. 70, s. 10.

DIVISION IV FINAL PROVISIONS

1978, c. 70, s. 10.

42. The Minister of Health and Social Services is entrusted with the application of this Act, except Divisions I and I.1 of Chapter IV, the application of which is entrusted to the Minister of Revenue, and Divisions II and III of that Chapter, the application of which is entrusted to the Minister of Finance.

1978, c. 70, s. 10; 1985, c. 23, s. 24; 1996, c. 32, s. 108.

43. (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 53 of the statutes of 1969, in force on 31 December 1977, is repealed, except sections 24 (part), 25 and 27, effective from the coming into force of chapter R-5 of the Revised Statutes.