M-14, r. 2 - Regulation respecting the signing of certain documents of the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation

À jour au 1^er janvier 2016

Ce document a valeur officielle.

chapter M-14, r. 2

Regulation respecting the signing of certain documents of the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation

Act respecting the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation

(chapter M-14, s. 12).

Act respecting agricultural lands in the domain of the State

(chapter T-7.1, s. 47).

DIVISION I GENERAL PROVISIONS

1. Members of the personnel of the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation and any other public officer who hold the positions referred to in this Regulation are authorized to sign alone, with the same authority and effect as the Minister of Agriculture, Fisheries and Food, the deeds, documents and writings listed after their respective positions.

The same applies when those deeds, documents and writings are signed by a person authorized in writing to perform the duties on an interim or temporary basis or as a replacement.

O.C. 398-2003, s. 1; O.C. 742-2008, s. 1.

1.1. The Québec sales tax (QST) and the goods and services tax (GST) or, where applicable, the harmonized sales tax (HST) are not taken into account in an amount that fixes a limit to the capacity of a public officer to bind the department.

O.C. 367-2013, s. 1.

DIVISION II LAND MANAGEMENT

2. The Associate Deputy Minister, the Assistant Deputy Minister or the director general responsible for the activities relating to the management of agricultural lands in the domain of the State, the director or the assistant director of the branch in charge of those activities, and the public officer in charge of operations related to the Register of the domain of the State, are authorized to sign alone

(1)  letters patent and cancellations thereof and corrections thereto;

(2)  corrections of deeds of concession and cancellations of deeds of concession or leases;

(3)  deeds evidencing the alienation or lease of property or land under the Minister’s authority or the granting of a servitude or of any other right;

(4)  deeds relating to the acquisition by mutual agreement, leasing, exchange, expropriation or alienation of any property or immovable real right;

(5)  documents and notices related to lands under the Minister’s authority that are to be made subject to or exempt from any Act under the Minister’s administration;

(6)  documents and orders evidencing the transfer or assignment of authority over any land pursuant to section 7 of the Act respecting the lands in the domain of the State (chapter T-8.1);

(7)  documents evidencing the transfer to another department of the administration of land under the Minister’s authority;

(8)  survey and cadastral authorizations and documents, as well as requisitions, acceptances and minutes of boundary-marking operations in respect of lands under the Minister’s authority or administration;

(9)  statements or certificates issued pursuant to Division IV of Chapter III of the Act respecting agricultural lands in the domain of the State (chapter T-7.1);

(10)  declarations stating that land under the Minister’s authority forms part of the domain of the State under section 19 of the Act respecting the lands in the domain of the State;

(11)  authorizations or permits to cut timber issued pursuant to section 6 of the Act respecting agricultural lands in the domain of the State and any procedure referred to in section 15 of the Act respecting the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation; and

(12)  any other notice, declaration, deed or document in respect of lands placed under the Minister’s authority or administration.

O.C. 398-2003, s. 2; O.C. 742-2008, s. 2; I.N. 2016-01-01 (NCCP).

2.1. The Minister’s signature may be affixed by means of an automatic device on the documents listed in paragraphs 1, 2, 3, 4, 5, 7 and 10 of section 2 by the public officers referred to in that section.

In addition, with the written authorization of a public officer referred to in section 2, the signature may be affixed by a public officer assigned to the activities relating to the management of agricultural lands in the domain of the State.

O.C. 742-2008, s. 3.

DIVISION III CONTRACTS

3. Associate deputy ministers, assistant deputy ministers or directors general are authorized to sign, for their sector of activities,

(1)  supply contracts;

(2)  services contracts;

(3)  construction contracts;

(4)  concession contracts;

(5)  sponsorship contracts;

(6)  promises of subsidies, loans or loan guarantees the granting standards and eligibility criteria of which have been approved by the Government, the Conseil du trésor or the Minister;

(7)  subsidy contracts, loans or loan guarantees;

(8)  alienation contracts, leasing contracts or loan contracts for movable or immovable property or rights relating to such property;

(9)  acceptances of assignment of claims or hypothec on claims;

(10)  contracts relating to servitudes;

(11)  releases and discharges other than those referred to in article 3068 of the Civil Code and assignment of hypothecary ranking.

O.C. 398-2003, s. 3; O.C. 742-2008, s. 4.

3.1. The public officer in charge of the application of the Copyright Act (R.S.C. 1985, c. C-42) is authorized to sign assignments or licences of copyrights.

O.C. 742-2008, s. 5.

4. The director general responsible for management services or the director of the administrative unit in charge of immovable and material resources is authorized to sign, up to $50,000 in the case of the director of financial and material resources, any document dealing with a request or undertaking of the Minister in respect of the Société québécoise des infrastructures.

O.C. 398-2003, s. 4; O.C. 742-2008, s. 6.

4.1. The director of the administrative unit in charge of financial resources is authorized to sign any contract extending variable credit that may be made, at the request of one of the holders of the following positions, for the use of a credit card:

(1)  an associate deputy minister, an assistant deputy minister or a director general;

(2)  a branch director or an assistant director.

A public officer who becomes the holder of a credit card in that manner is authorized to sign, in the performance of his or her duties within the administrative unit to which the public officer is attached, documents concerning the acquisition of eligible goods or services within the meaning of the contract extending variable credit, up to the maximum amount authorized for each transaction.

O.C. 742-2008, s. 7.

5. Branch directors are authorized to sign, for their sector of activities,

(1)  supply contracts;

(2)  services contracts;

(3)  construction contracts;

(4)  promises of and contracts for subsidies, loans and loan guarantees the granting standards and eligibility criteria of which have been approved by the Government, the Conseil du trésor or the Minister;

(5)  alienation contracts for movable property, leasing contracts or loan contracts for movable or immovable property;

(6)  acceptances of assignment of claims or hypothec on claims; and

(7)  releases and discharges other than those referred to in article 3068 of the Civil Code and assignment of hypothecary ranking.

O.C. 398-2003, s. 5.

6. Assistant directors or service heads are authorized to sign, for their sector of activities,

(1)  supply contracts;

(2)  services contracts;

(3)  construction contracts; and

(4)  promises of and contracts for subsidies, loans and loan guarantees the granting standards and eligibility criteria of which have been approved by the Government, the Conseil du trésor or the Minister.

O.C. 398-2003, s. 6.

7. The persons in charge of administration in each branch, service or division are authorized to sign, for their sector of activities, each of the following contracts whose cost does not exceed $10,000:

(1)  supply contracts;

(2)  services contracts; and

(3)  construction contracts.

O.C. 398-2003, s. 7; O.C. 742-2008, s. 8.

8. Construction project managers are authorized to sign, for their sector of activities, any change to a construction contract, up to 10% of its value, without however, exceeding $25,000.

O.C. 398-2003, s. 8.

9. Regional directors of the Direction générale des pêches et de l’aquaculture commerciales are authorized to sign, for their sectors of activities, any document relating to loans or loan guarantees granted within the scope of the Act respecting the financing of commercial fishing (chapter F-1.3).

O.C. 398-2003, s. 9.

DIVISION IV PAYMENT OF PROPERTY TAXES AND COMPENSATIONS AND REVOCATION OF REGISTRATION OF AGRICULTURAL OPERATIONS

O.C. 398-2003, div. IV; O.C. 817-2007, s. 12.

10. The Associate Deputy Minister, the Assistant Deputy Minister, the director general or the director in charge of the sector is authorized to sign, for all the activities of the department, the deeds referred to in section 36.13 of the Act respecting the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation (chapter M-14).

O.C. 398-2003, s. 10; O.C. 817-2007, s. 12; O.C. 742-2008, s. 9.

11. The regional director or the assistant regional director is authorized to sign, for his or her region, any notice of refusal or notice of revocation of registration of an agricultural operation referred to in Division VII.2 of the Act respecting the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation (chapter M-14).

O.C. 398-2003, s. 11.

12. The Associate Deputy Minister, the Assistant Deputy Minister, the director general or the director in charge of the sector is authorized to sign any document relating to the contestation and payment of property taxes and compensations.

O.C. 398-2003, s. 12; O.C. 817-2007, s. 12; O.C. 742-2008, s. 9.

DIVISION V AUTHENTICITY OF DOCUMENTS

13. Holders of the following positions are authorized to certify as true any copy of or extract from documents or registers of the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation:

(1)  the secretary of the department, for all of the department;

(2)  the assistant deputy ministers, directors general, branch directors, service heads and assistant branch directors, for documents under their authority; and

(3)  the holders of the positions listed in section 2, for any document under the activities relating to the management of agricultural lands in the domain of the State or under the Register of the domain of the State.

O.C. 398-2003, s. 13; O.C. 742-2008, s. 10.

DIVISION VI SEIZURE OF SALARIES

14. The director of the Direction des ressouces humaines or the remuneration coordinator is authorized to sign alone for the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation the report to the court provided for in section 44 of the Public Officers Act (chapter E-6), stating the amount of the salary payable to a public officer or employee, at the time of the service of a notice of execution involving seizure in the hands of a third person, and the amount of the salary to become payable every month, if the public officer or employee continues his or her service under the same conditions.

O.C. 398-2003, s. 14; I.N. 2016-01-01 (NCCP).

15. This Regulation replaces the Regulation respecting the signing of certain documents of the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation (O.C. 1540-95, 95-11-29).

O.C. 398-2003, s. 15.

16. (Omitted).

O.C. 398-2003, s. 16.

REFERENCES

O.C. 398-2003, 2003 G.O. 2, 1317

O.C. 817-2007, 2007 G.O. 2, 2628

O.C. 742-2008, 2008 G.O. 2, 3032

O.C. 367-2013, 2013 G.O. 2, 986

S.Q. 2013, c. 23, s. 164