E-12.011 - Act to facilitate the establishment of a pension plan for employees working in childcare services

Updated to 1 October 2024

This document has official status.

chapter E-12.011

Act to facilitate the establishment of a pension plan for employees working in childcare services

1. The Minister of Families, Seniors and the Status of Women may participate in the establishment, maintenance and financing of a pension plan within the meaning of the Supplemental Pension Plans Act (chapter R-15.1) for employees of holders of a childcare centre permit issued under the Educational Childcare Act (chapter S-4.1.1), of holders of a day care centre permit so issued receiving a subsidy under section 90 of that Act, of associations representing those permit holders and of legal persons accredited by the Minister as home educational childcare coordinating offices referred to in the second paragraph of section 40 and in section 158 of that Act.

2002, c. 47, s. 1; 2005, c. 47, s. 138; 2006, c. 25, s. 15; 2006, c. 55, s. 56; 2022, c. 9, s. 97.

2. Unless excluded by the pension plan, the permit holders and accredited legal persons referred to in section 1 are required to become a party to the pension plan referred to in that section from the time the plan is established or from the time the permit is issued or the accreditation is granted if the permit is issued or the accreditation is granted after the plan is established. The associations representing the permit holders may become a party to the pension plan.

A home educational childcare provider recognized by a home educational childcare coordinating office under the Educational Childcare Act (chapter S-4.1.1) or a person who assists or is employed by such a home educational childcare provider may not become a party to the pension plan.

2002, c. 47, s. 2; 2005, c. 47, s. 139; 2006, c. 55, s. 57; 2022, c. 9, s. 97.

3. The Minister may, for the purpose of establishing and maintaining the pension plan, grant subsidies to the accredited legal persons and permit holders referred to in section 1 and to the associations representing such permit holders, out of the moneys voted annually for that purpose by the National Assembly.

In the same manner, the Minister may grant subsidies to provide for the payment of the sums which permit holders and associations are required to pay annually under the established pension plan and the Supplemental Pension Plans Act (chapter R-15.1). For that purpose, the Minister may withhold such sums from the subsidies granted and pay them directly to the administrator of the pension plan. The sums so withheld are unseizable in the hands of the Minister.

2002, c. 47, s. 3; 2006, c. 55, s. 58.

4. The Minister may require from a party to the pension plan, a member or the administrator of the plan any document or information necessary for the administration of the plan or of a subsidy related thereto. For those purposes, the Minister may communicate personal information to a party to the plan or to the administrator of the plan, without the consent of the person concerned.

A party to the plan may, for such purposes, communicate personal information to the Minister or the administrator, without the consent of the person concerned.

Likewise, the administrator may, for such purposes, communicate personal information to the Minister or to a party to the plan, without the consent of the person concerned.

2002, c. 47, s. 4.

5. The Minister may, if the pension plan so provides, designate a person or persons to sit on a pension committee responsible for the administration of the plan.

The pension committee shall, within 30 days of the transmission of a report referred to in section 119 of the Supplemental Pension Plans Act (chapter R-15.1) to Retraite Québec, send the report to the Minister who shall make the report public within 30 days after receiving it.

2002, c. 47, s. 5; 2015, c. 20, s. 61.

6. The pension plan must be submitted for approval by the Minister prior to coming into force. Likewise, any amendment to the plan and any notice of termination relating to the plan must be authorized by the Minister.

2002, c. 47, s. 6.

7. The Minister may enter into agreements with any person, partnership or association that are conducive to the attainment of the objects of this Act.

2002, c. 47, s. 7.

8. A regulation made under the second paragraph of section 2 of the Supplemental Pension Plans Act (chapter R-15.1) relating to the pension plan referred to in section 1 of this Act may, if it so provides, have retroactive effect from a date prior to the date of its coming into force.

2002, c. 47, s. 8.

9. The Minister of Families, Seniors and the Status of Women is responsible for the administration of this Act.

2002, c. 47, s. 9; 2006, c. 25, s. 15.

10. (Omitted).

2002, c. 47, s. 10.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 47 of the statutes of 2002, in force on 1 April 2003, is repealed, except section 10, effective from the coming into force of chapter E-12.011 of the Revised Statutes.