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Gazette officielle du Québec. Québec official gazette.
La Gazette officielle du Québec est le journal officiel de l'État québécois. Parue pour la première fois le 16 janvier 1869, elle diffuse chaque semaine l'ensemble des textes dont la publication est requise : lois, règlements, décrets, arrêtés, avis, etc. Pour les éditions publiées depuis 1996, consultez le site Web des Publications du Québec. [...]
La Gazette officielle du Québec est le journal de diffusion des textes gouvernementaux dont la publication est requise : lois, règlements, décrets, arrêtés, avis, nominations, etc. La publication présente chaque semaine les textes qui ont valeur officielle pour la gouvernance et la conduite des nombreuses sphères d'activité de la société québécoise.

La Gazette est la plus ancienne publication de l'Éditeur officiel du Québec, aujourd'hui les Publications du Québec. Jusqu'en 1972, la Gazette officielle a paru sous un titre unique. Depuis 1973, elle est scindée en deux parties. La première publie les avis juridiques qui émanent du gouvernement et des autres organismes régis par les lois québécoises. La seconde diffuse les lois, règlements, décrets et autres textes dont la publication est obligatoire. À partir de 1977, la deuxième partie est publiée séparément en français et en anglais, la version anglaise paraissant avec quelques jours de décalage. La publication simultanée des deux versions a été imposée par la Cour suprême du Canada en 1979.

Les avis et ordonnances du gouvernement de la colonie sont imprimés à Québec dès 1764, au moment où le premier journal québécois, la Gazette de Québec, publication bilingue, est désigné par le gouverneur Murray pour les diffuser. William Brown, Samuel Neilson, et surtout John Neilson, puis Samuel Neilson et son associé William Cowan éditent la Gazette de Québec jusqu'en 1823, alors que John Charlton Fisher, plus loyal au pouvoir, commence la publication de la Gazette de Québec publiée par autorité. La Canada Gazette, aussi de nature officielle, sera publiée en parallèle à partir de 1841. C'est le 16 janvier 1869, à la suite de la création du Canada, que le nouveau gouvernement québécois publie le premier numéro de la Gazette officielle du Québec.

En plus des textes de nature juridique produits par le gouvernement, la Gazette officielle du Québec publie l'ensemble des références officielles concernant les collectivités, qui permettent de retracer l'histoire des municipalités, des commissions scolaires et des paroisses. On y trouve aussi de l'information sur la construction des ponts, ainsi que sur l'ouverture des routes et des chemins de fer.

On trouve dans la Gazette officielle du Québec la documentation relative à la constitution et à la dissolution de compagnies, de syndicats, d'associations, et de corporations professionnelles. Des avis, comme des demandes de changement de nom, des ventes par shérif et des actions en séparation de corps et de biens, y sont aussi régulièrement publiés.

La consultation de l'index périodique, publié séparément et intégré à la Collection numérique de BAnQ, a traditionnellement permis aux chercheurs de s'y orienter.

Dès les premières années de la publication, les hommes politiques, le clergé, les municipalités et les professionnels des milieux juridiques en sont les principaux destinataires. La Gazette est tirée à 1500 exemplaires en 1871. En 1994, 125 ans après sa première parution, le tirage cumulatif de la partie 1, de la partie 2 et de la version anglaise atteint 9000 exemplaires.

Il est à noter que les décrets gouvernementaux ne sont pas publiés systématiquement dans la Gazette officielle du Québec. S'il ne trouve pas ce dont il a besoin, le chercheur peut se tourner vers le fonds d'archives Ministère du Conseil exécutif (E5) conservé au Centre d'archives de Québec de BAnQ.

La Gazette officielle du Québec - 125 ans d'édition gouvernementale, Québec, Publications du Québec, 1993, 219 p.

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[" f ^p ^p f|* f|* f|* ^^f^f|?f|^^l#!^^ Wp *^p *^p fj^f^f^ ^*J*fi^f|* r *$p f|* *$p ^p-^p *fa ^^p ^ L.< #^ #5^* pfj* *|* f|* *^p f|^^*|*^*J^f! up f^f* rj?* ^ fj^ f^?f^f* f^* f^ï* *5 ]p ^^^^^^^^^^^^^^^^ J?*^p*^p*^p^ *^pf|* f^* *J**|* ^p*J* fj* *i P fj^-fj* ^p *$p ^p f|* F^p^pt^p^p'i^p ^^^^^^^^^^^A '^p ^ r|?*fa *$p ^^^.^^':^'^^^^^^[^ *t**t* ^ w Gazette officielle du Québec Part 2 Volume 114 Laws and M1982 Regulations Summary Table of contents.1327 Lists of Bills sanctioned.1329 Acts 1982.1331 Index.1435 Legal deposit \u2014 I\" Quaterly 1968 Bibliothèque nationale du Québec © Éditeur officiel du Québec.1982 NOTICE TO READERS The Gazette officielle du Québec (Laws and Regulations) is published under the authority of the Legislature Act (R.S.Q., c.L-l) and the Regulation respecting the Gazette officielle du Québec (O.C.3333-81.dated 2 December 1981).Part 2 of the Gazette officielle du Québec is published at least every Wednesday under the title \"LOIS ET RÈGLEMENTS\".If a Wednesday is a legal holiday, the Official Publisher is authorized to publish on the preceding day or on the Thursday following such holiday.1.Part 2 contains: 1.Acts assented to.before their publication in the annual collection of statutes ; 2.proclamations of Acts; 3.regulations made by the Government, a minister or a group of ministers and of Government agencies and semi-public agencies described by the Charter of the French language (R.S.Q.c.C-11).which before coming into force must be approved by the Government, a minister or a group of ministers; 4.Orders in Council of the Government, decisions of the Conseil du trésor and ministerial orders whose publication in the Gazette officielle du Québec is required by law or by the Government ; 5.regulations and rules made by a Government agency which do not require approval by the Government, a minister or a group of ministers to come into force, but whose publication in the Gazette officielle du Québec is required by law; 6 rules of practice made by judicial courts and quasi-judicial tribunals; 7.drafts of the texts mentioned in paragraph 3 whose publication in the Gazette officielle du Québec is required by law before their adoption or approval by the Government.2.The English edition The English edition of the Gazette officielle du Québec is published at least every Wednesday under the title \u2022¦Part 2 \u2014 LAWS AND REGULATIONS\" When Wednesday is a holiday, the Official Publisher is authorized to publish it on the preceding day or on the Thursday following such holiday.The English version contains the English text of the documents described in paragraphs I, 2, 3, 5, 6 and 7 of section 1.3.Rates 1.Subscription rates Subscription rates are as follows: Part 2 (French) .65 S per year English edition .65 S per year 2.Special rates The annual subscription does not include the Drug List whose publication is required under the Health Insurance Act (R.S.Q., c.A-29).The said publication is sold separately by number at a maximum rate of 30 S a copy.3 Rates for sale separate numbers Separate numbers of the Gazette officielle du Québec, except the publication mentioned in paragraph 2, sell for 4 S a copy.4.Publication rates The publication rate is 0,60 S per agate line regardless of the number of insertions.For information concerning the publication of notices, please call: Georges Lapierre Gazette officielle du Québec Tél.: (418) 643-5195 Offprints or subscription rates only : Service de la diffusion des publications Tél.: (418) 643-5150 All correspondence should be sent to the following address : Gazette officielle du Québec 1283, boul.Charest ouest Québec.QC GIN 2C9 L'Éditeur officiel du Québec Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 1327 Table of contents Page Act(s) 1982 15 An Act respecting the abolition of compulsory retirement and providing amendments to certain legislation .:.1331 49 An Act respecting public agricultural lands.1341 50 An Act to amend the Act respecting the Centre de recherche industrielle du Quebec .1359 51 An Act respecting the Société du Grand Théâtre de Quebec .1365 52 An Act respecting the Société de la Place des Arts de Montréal.1373 53 An Act to amend the Act respecting the Société québécoise d'initiatives pétrolières .1381 54 An Act to amend the Act respecting the Société québécoise de développement des industries culturelles.1385 58 , An Act respecting the roll of rental values of the city of Montréal, for the purposes of the water-rate and service tax.for the fiscal years 1981 and 1982 .1391 60 An Act respecting certain caisses d'entraide économique.1395 Notice(s) Lists of Bills sanctioned .\u2022.1329 Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982, Vol.114, No.21 1329 PROVINCE OF QUEBEC PROVINCE OF QUÉBEC 3rd session 3rd session 32nd legislature 32nd legislature Québec, 31 march 1982 Québec, 1 april 1982 Office of the Lieutenant-Governor Québec, 31 March 1982 This day, at fifteen minutes past six o'clock in the evening, the Honourable the Administrator of the Province of Québec was pleased to sanction the follow-ing bills: 50 An Act to amend the Act respecting the Centre de recherche industrielle du Québec 51 An Act respecting the Société du Grand Théâtre de Québec 52 An Act respecting the Société de la Place des Arts de Montréal 53 ' An Act to amend the Act respecting the Société québécoise d'initiatives pétrolières 58 An Act respecting the roll of rental values of the city of Montréal, for the purposes of the water-rate and service tax, for the fiscal years 1981 and 1982 To these bills the Royal assent was affixed by the Honourable the Administrator of the Province of Québec.Office of the Lieutenant-Governor Québec, 1 April 1982 This day, at six o'clock in the evening, the Honourable the Lieutenant-Governor was pleased to sanction the following bill: 15 An Act respecting the abolition of compulsory retirement and providing amendments to certain legislation To this bill the Royal assent was affixed by the Honourable the Lieutenant-Governor.L'Éditeur officiel du Quebec L'Éditeur officiel du Québec 1330 GAZETTE OFFICIELLE DU QUEBEC.May 5.1982.Vol.114.No.21 Part 2 PROVINCE OF QUÉBEC 3rd SESSION 32\"\" LEGISLATURE ¦ Québec.8 april 1982 Office of the Lieutenant-Governor Québec.8 April 1982 This day, at ten minutes past six o'clock in the evening, the Honourable the Lieutenant-Governor was pleased to sanction the following bills: 49 An Act respecting public agricultural lands 54 An Act to amend the Act respecting the Société québécoise de développement des industries culturelles 60 An Act respecting certain caisses d'entraide économique To these bills the Royal assent was affixed by the Honourable the Lieutenant-Governor.L'Editeur officiel du Quebec Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 1331 NATIONAL ASSEMBLY OF QUÉBEC Thirty-second Legislature, Third session 1982, chapter 12 AN ACT RESPECTING THE ABOLITION OF COMPULSORY RETIREMENT AND PROVIDING AMENDMENTS TO CERTAIN LEGISLATION Bill No.15 Introduced by Mr.Denis Lazure First reading : 9 December 1981 Second reading: 4 March 1982 Third reading: 25 March 1982 Assented to: 1 April 1982 Coming into force: 1 April 1982 Acts amended: Act respecting labour standards (1979, chapter 45) Act respecting supplemental pension plans (R.S.Q., chapter R-17) Éditeur officiel Quebec 1332 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 explanatory notes The object of this bill is to abolish compulsory retirement.While preserving the employee's right to retire voluntarily at no)-mal retirement age, this bill entitles him to remain at work despite his reaching that age.The Act respecting labour standards is amended to take this into account.This new right applies equally to the employee who belongs-to a private or public retirement plan atui to the employee who does not belong to any retirement plan.This bill provides, further, that an employee may appeal to a labour commissioner if he believes he has been dismissed, suspended or retired because he has reached retirement age.This appeal is to be made according to the rules in the Labour Code, but the time limit for appeal will then be ninety days.In addition, this bill enables the employee to choose the time he will begin to receive his pension.He may receive it as soon as he becomes eligible for retirement, if he ceases to work.If he elects to continue working, payment of the pension will be delayed and the pension will be revalorized at the time he retires.If an employee chooses to remain at work beyond normal retirement age and his salary is decreased, he will be able to collect part or the whole of his pension to compensate for the decrease.The Act will apply from the day of its sanction to all employees.However, for employees who have a retirement plan, the Act will apply at the expiry of their collective agreement.The Government will have the power to exempt, by regulation, certain employees or employers from the application of the Act.The Minister of Labour, Manpower and Income Security will be required to assess the effects of the Act and table his findings in the National Assembly. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 1333 Bill 15 An Act respecting the abolition of compulsory retirement and providing amendments to certain legislation HER MAJESTY, with the advice and consent of the National Assembly of Québec, enacts as follows: 1.Section 3 of the Act respecting labour standards (1979, chapter 45), amended by section 1 of chapter 5 of the statutes of 1980, is again amended by inserting, after section 3, the following section: \"3.1 Notwithstanding sections 2 and 3, Division vi.i and sections 122.1 and 123.1 apply to the Government, its departments and agencies and to every employee or employer.\" 2.The said Act is amended by inserting, after section 84, the following division: \"DIVISION VI.1 \"retirement \"84.1 An employee is entitled to continue to work notwithstanding the fact that he has reached or passed the age or number of years of service at which he should retire-pursuant to a general law or special Act applicable to him, pursuant to the retirement plan to which he contributes, pursuant to the collective agreement, the arbitration award in lieu thereof or the decree governing him, or pursuant to the common practice of his employer.However, and subject to section 122.1, such right does not prevent an employer or his agent from dismissing, suspending or transferring such an employee for good and sufficient cause.\" 3.The said Act is amended by inserting, after section 90, the following section:_ 1334 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 \u2022\u202290.1 The Government may, by regulation, exempt certain categories of employees or employers from the application of Division vi.l and section 122.1.A regulation made under the first paragraph may be made to have effect on a date not over six months prior to the date on which it is made.\" 4.Section 102 of the said Act is amended by replacing the first paragraph by the following paragraph: \"102.Subject to sections 123 and 123.1.an employee who believes that one of his rights under this Act or a regulation has been violated may file a complaint in writing with the Commission.\" 5.Section 122 of the said Act, amended by section 10 of chapter 5 of the statutes of 1980, is again amended by replacing subparagraph 1 of the first paragraph by the following subparagraph: \"( 1 ) on the ground that such employee has exercised one of his rights, other than the right contemplated in section 84.1, under this Act or a regulation;\".6.The said Act is amended by inserting, after section 122, the following section: \"122.1 No employer or his agent may dismiss, suspend or retire an employee on the ground that he has reached or passed the age or the number of years of service at which he should retire pursuant to a general law or special Act applicable to him, pursuant to the retirement plan to which he contributes, pursuant to the collective agreement, the arbitration award in lieu thereof or the decree governing him, or pursuant to the common practice of his employer.\".7.The said Act is amended by inserting, after section 123, the following section: \"123.1 Section 123 applies to every employee who believes that he has been dismissed, suspended or retired on the ground set forth in section 122.1.However, the time limit to file a complaint with the labour commissioner-general is then increased to ninety days.\" 8.The Act respecting supplemental pension plans (R.S.Q., chapter R-17) is amended by inserting, after section 44, the following division: Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982.Vol.114.No.21 1335 \"DIVISION V.l \"DELAYED RETIREMENT \"44.1 Subject to section 44.2, payment of the pension to the employee is delayed when, after normal retirement age, he continues to work for the employer for whom he was working at that age.Delay of payment of the pension may take place as long as a supplemental plan is able to comply with this division while remaining a registered retirement plan within the meaning of section 1 of the Taxation Act (R.S.Q., chapter 1-3).However, such delay ends upon the employee's ceasing all work for his employer.\"44.2 During the delay, an employee may require the payment of his pension, in whole or in part, but only to the extent necessary to compensate a reduction of salary or wages incurred during that period.In no case may an employee apply under this section more than once within a twelve-month period except by agreement with the administrator of the supplemental plan.However, after an agreement with his employer, and if the supplemental plan provides therefor, an employee may receive the whole or a part of the pension irrespective of the restriction provided in the first paragraph.\"44.3 In the case of a delayed payment of a pension in whole or in part, any amount of the pension that is not paid during the delay must be revalorized when every delay has terminated.Every supplemental plan must provide how the revalorization is to be effected.\"44.4 The revalorization contemplated in section 44.3 must provide that the amount of the pension becoming payable at the end of the delay be the amount of a pension actuarially equivalent to (a) the pension that would have begun to be paid at normal retirement age had its payment not been delayed; or, (6) in the case of a pension whose payment was delayed before the effective date of this section, the pension that would have been payable on that date had its payment begun at that time.In no case may such revalorization create only surpluses in the fund of the supplemental plan.Nor may it create only deficits therein. 1336 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 \"44.5 If contributions are made during the delay, the additional pension arising therefrom must be at least ea.ual in value to the pension that would arise at the end of the delay from the contributions made by the employee during the delay.\"44.6 If an employee whose payment of pension was delayed, in whole or in part, dies during the delay, the payment of the unpaid amount of the pension is deemed to have begun on the day preceding his death.\" 9.Section 75 of the said Act is amended by adding, after paragraph u, the following paragraphs: \"(v) what is permitted, mandatory or prohibited in effecting the revalorization contemplated in Division v.i; \"(w) what constitutes salary or wages, how to establish them and the periods for which they are computed, for the purposes of section 44.2.\" 10.The amendments necessary to bring into conformity with this Act a retirement plan existing or in force on 1 April 1982 and to which the Act respecting supplemental pension plans applies must be presented to the Régie des rentes du Québec before 1 October 1982.11.Notwithstanding section 10, if a retirement plan contemplated in that section concerns employees governed, as the case may be, by a collective agreement within the meaning of the Labour Code (R.S.Q., chapter C-27) or within the meaning of the Act respecting labour relations in the construction industry (R.S.Q., chapter R-20), by an arbitration award in lieu thereof or by a decree within the meaning of the Act respecting collective agreement decrees (R.S.Q., chapter D-2) or within the meaning of the Act respecting labour relations in the construction industry in force on 1 April 1982, the amendments necessary to bring such plan into conformity with this Act must be presented to the Régie des rentes du Québec not later than three months after the date, as the case may be, of the signature of a new collective agreement, of the rendering of the arbitration award in lieu thereof, of the extension or renewal of the decree or of the coming into force of a decree replacing the expired decree.12.On being approved in accordance with the Act respecting supplemental pension plans, the amendments contemplated in sections 10 and 11 are deemed to have effect, (l)'in the case of section 10, from 1 April 1982; (2) in the case of section 11, Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982, Vol: 114, No.21 1337 (a) in respect of employees governed, as the case may be, by a collective agreement, by an arbitration award or by a decree in force on 1 April 1982, from the expiry date of the collective agreement or of the arbitration award or from the date of expiry, extension or renewal of the decree; (6) in respect of other employees, from 1 April 1982.13.Provisions regarding compulsory retirement of a person owing to his age or number of years of service, that are contained in the Act respecting the Government and Public Employees Retirement Plan (R.S.Q., chapter R-10) and in any plan established under the said Act, in the Act respecting the Teachers Pension Plan (R.S.Q., chapter R-ll), in the Act respecting the Civil Service Superannuation Plan (R.S.Q., chapter R-12) and in the Act respecting pension coverage for certain teachers (1978, chapter 16), cease to have effect in respect of (1) members of such retirement plans who are governed by a collective agreement within the meaning of the Labour Code or by an arbitration award in lieu of a collective agreement in force on 1 April 1982, from 1 January 1983 or its date of expiry, if that is later than 1 January 1983; (2) members of such retirement plans who are governed by.a decree within the meaning of the Act respecting collective agreement decrees in force on 1 April 1982, from 1 January 1983 or its date of expiry, extension or renewal, if that is later than 1 January 1983; (3) members of such retirement plans who are governed by a regulation of the Government or of the Conseil du trésor, in force on 1 April 1982 and determining their conditions of employment, from 1 January 1983; (4) members of such retirement plans who are not contemplated in paragraphs 1, 2 and 3, from 1 January 1983.14.Subject to the Taxation Act and section 15, a member contemplated in section 13 shall continue to contribute to the retirement plan applicable to him if he performs a function, contemplated under that plan, after having reached or passed the age or the number of years of service at which, according to his retirement plan, he would have been compelled to retire.Similarly, the employer of such person shall continue to contribute to thé plan.15.The retirement plarfs contemplated in section 13 shall, from the date on which the provisions respecting compulsory retirement that are contained in those plans cease to have effect 1338 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 pursuant to section 13, permit a person who continues to work after the normal retirement age to receive a salary as well as benefits under his retirement plan which may not, however, exceed the salary of that person on the day preceding the day on which he begins to receive such benefits, computed on an annual basis and adjusted according to the rules set down in his retirement plan.However, the day preceding the day on which a person begins to receive benefits under his retirement plan may in no case be earlier than the day preceding his normal retirement age.On receiving retirement benefits, in application of the first paragraph, a person shall cease to contribute to the retirement plan that applies to him; similarly, in this case, the employer shall cease to contribute to the plan.For the purposes of this section, the expression \"salary\" has the meaning assigned by the retirement plan that applies to that, person.16.A collective agreement within the meaning of the Labour Code or within the meaning of the Act respecting labour relations in the construction industry or an arbitration award in lieu of a collective agreement, which is in force on 1 April 1982, governing employees for whom there exists or is in force on that date a pension plan to which the Act respecting supplemental pension plans applies, continues to have effect notwithstanding the amendments to the Act respecting labour standards enacted by this Act, until the date of its expiry.The first paragraph applies, mutatis mutandis, to a decree within the meaning of the Act respecting collective agreement decrees or within the meaning of the Act respecting labour relations in the construction industry, which is in force on 1 April 1982, governing such employees, until the date of its expiry, extension or renewal., The amendments to the Act respecting supplemental pension plans enacted by this Act have effect, with regard to employees contemplated in this section, only from the expiry date of the collective agreement or of the arbitration award, or from the date of expiry, extension or renewal of the decree.17.A collective agreement within the meaning of the Labour Code or an arbitration award in lieu of a collective agreement, which is in force on 1 April 1982, governing the members of the retirement plans contemplated in section 13, continues to have effect notwithstanding the amendments to the Act respecting labour standards enacted by this Act, until the date of its expiry.The first paragraph applies, mutatis mutandis, to a decree within the meaning of the Act respecting collective agreement Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982, Vol.114, No.21 1339 decrees, in force on 1 April 1982 and governing those members, until the date of its expiry, extension or renewal.The first paragraph also applies, mutatis mutandis, to a regulation of the Government or of the Conseil du trésor, in.force on 1 April 1982, determining the conditions of employment that apply to those members, until 1 January 1983.18.The amendments to the Act respecting labour standards enacted by this Act apply only from 1 January 1983 in regard to members contemplated in paragraphs 1 and 2 of section 13 who are governed by a collective agreement, an arbitration award or a collective agreement decree that expires or is extended or renewed, as the case may be, between 1 April 1982 and 1 January 1983.19.The amendments to the Act respecting labour standards enacted by this Act apply, subject to sections 10 to 18, to an employee who is governed by an agreement, an arbitration award in lieu of an agreement, a decree or a retirement plan that is in force on or after 1 April 1982.For the purposes of this section, the words \"employee\", \"agreement\" and \"decree\" have the meaning assigned to them by section 1 of the Act respecting labour standards or of the Act respecting labour relations in the construction industry.20.The amendments to the Act respecting labour standards enacted by this Act do not apply to an employee contemplated in section 19 who, before 1 April 1982, (1) was dismissed, suspended or retired on the ground that he had reached or passed the age or the number of years of service at which, according to the agreement, the arbitration award in lieu of an agreement or the decree applicable to such person, or according to the common practice of his employer, he was to retire; (2) received a notice of dismissal* suspension or retirement for the reason set forth in paragraph 1.21.The amendments to the Act respecting supplemental pension plans enacted by this Act do not apply to an employee who, on 1 April 1982, has reached or passed normal retirement age and is the beneficiary of his retirement pension.22.The Minister of Labour, Manpower and Income Security is responsible for assessing the effects of this Act and for tabling two triennial reports on that subject in the National Assembly or, if it is not sitting, for filing such reports with the President, the first report not later than 1 October 1985 and the second, not later than 1 October 1988. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 1341 NATIONAL ASSEMBLY OF QUÉBEC Thirty-second Legislature, Third session 1982, chapter 13 AN ACT RESPECTING PUBLIC AGRICULTURAL LANDS Bill No.49 Introduced by Mr.Jean Garon First reading: 4 March 1982 Second reading: 18 March 1982 Third reading: 8 April 1982 Assented to: 8 April 1982 Coming into force by proclamation of the Government Acts amended: Act respecting the Ministère de l'agriculture, des pêcheries et de l'alimentation (R.S.Q.chapter M-14) Lands and Forests Act (R.S.Q., chapter T-9) Act replaced: Colonization Land Sales Act (R.S.Q.chapter T-8) Acts repealed: Act respecting the acquisition of colonization lands (R.S.Q., chapter A-4) Colonization Societies Act (R.S., 1964, chapter 104) Pioneering Merit Act (R.S., 1964, chapter 107) Settlers Protection Act (R.S.Q., chapter P-38) Éditeur officiel Québec 1342 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114, No.21 Part 2 explanatory notes This bill consolidates the legislation dealing with colonization lands and replaces the Colonization Land Sales Act, the Act respecting the acquisition of colonization lands, the Colonization Societies Act, the Settlers Protection Act and the Pioneering Merit Act.The main intent of the bill is to modernize and simplify the administration of public laiids under the authority of the Minister of Agriculture, Fisheries and Food.It is designed to confirm acquired rights of holders of land under location tickets and facilitate the issue of letters patent.Certain exceptional situations are regularized: henceforth it will be possible to issue letters patent for lands granted between 1820 and 1830 in the Baie des Chaleurs area by James Crawford who pretended to be a)i authorized agent of the Croivn Lands Commissioner, and easier to issue letters patent for lands granted without right by federal authority by way of location tickets or by letters patent in the territory of former Indian reserves (Nédelec, Ouiatch-ouan) between 1900 and 1920, whereas that territory is part of the territory of Québec under the Canadian constitution.As the validity of a great number of letters patent resulting from dubious administrative practices and various litigious orders in council could be questioned, all existing letters patent are validated by the bill to provide clear titles of ownership to lands granted by the Government.However, it provides that these letters patent may be cancelled by the courts if they were obtained fraudulently.The Minister will be empowered, despite the validation, to rectify letters patent containing clerical etrors, incorrect descriptions of areas or mistakes in names.In order to simplify the administration of agricultural public lands, this bill sets up a simple scheme for the sale or leasing of land for agricultural, maritime fisheries or food purposes.Under the scheme, sales will be madedirectly, without the intermediary of the location tickets.Furthermore, there will be no need to apply to the Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 _1343 Lieutenant Governor and to the Attorney General to obtain letters patent, as they will henceforth be issued by the Minister.Finally, the bill enables the Minister to regularize the situation of certain persons ( squatters) who occupy public agricultural lands without having a title.This measure applies only to persons occupying such land at the coming into force of the Act and to their assignees. Part 2 GAZETTE OFFICIELLE DU QUEBEC, May 5.1982, Vol.114, No.21 1345 Bill 49 An Act respecting public agricultural lands HER MAJESTY, with the advice and consent of the National Assembly of Québec, enacts as follows: .\u2022 CHAPTER I DIVISION I 1 SCOPE 1.This Act applies to any agricultural public land hereinafter referred to as \"ungranted land\" (1) that, on (insert here the date of the day before the coming into force of section 57), according to the register contemplated in section 4, is not under concession and is subject to the Colonization Land Sales Act (R.S.Q., chapter T-8) or is leased out by the Minister pursuant to that Act; (2) that has been put under the authority of the Minister after (insert here the date of the coming into force of this section) pursuant to section 23 of the Lands and Forests Act (R.S.Q., chapter T-9); (3) that is subject to this Act pursuant to section 8; or (4) that was reacquired under the Act for the acquiring of certain lands for colonization purposes (1935, chapter 37) or the Act to strengthen the colonization movement by the extension and the consolidation of existing parishes (1938, chapter 43) and that, on (insert here the date of the coming into force of this section), according to the register contemplated in section 4, is not under concession or is no longer so, the grant having been cancelled before that date.2.This Act applies also to any agricultural public land hereinafter referred to as \"land under concession\" that, on (insert here the date of the day before the coming into force of section 57), according to the register contemplated in section 4, 1346 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 (1) is granted land subject to the Colonization Land Sales Act, but for which letters patent have not been issued; or (2) is land reacquired under an Act referred to in paragraph 4 of section 1 and granted under the Colonization Land Sales Act, but for which neither letters patent nor a notarial title deed have been granted.DIVISION II administration 3.The Minister of Agriculture, Fisheries and Food is responsible for the administration of agricultural public lands.4.The Minister shall register summarily in the register of rights granted on public lands under his authority or in such other register as he may designate, every acquisition made, alienation effected, lease, servitude or any other right granted or cancellation ordered by him under this Act.The Minister shall also enter in the register every servitude or right granted by a grantee of land pursuant to section 29.5.The Minister may in the cases determined by regulation exempt a person from the payment of the duties fixed by regulation for preparing documents, making any registration required under this Act or obtaining copy of documents or of written information relating to any land that is subject to this Act or for which letters patent have been issued.6.No person may cut timber on ungranted land or on land under concession unless he is authorized to do so by the Minister, subject to paragraph 3 of section 47, or if he fails to meet the conditions and to pay the duties prescribed by regulation.7.The Minister may with the authorization of the Government acquire by agreement, exchange, or expropriate land to make it subject to the provisions of this Act that are applicable to ungranted land if he considers the acquisition, exchange or expropriation to be in the interests of agriculture.8.The Minister may by notice make subject to this Act any land put under his authority pursuant to another Act.He may also exempt any ungranted land from the application of this Act to make it subject to another Act under his administration. GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982, Vol.114, No.21 1347 CHAPTER II RULES APPLICABLE TO UNGRANTED LANDS DIVISION I alienation and leasing 9.The Minister may alienate or lease out any ungranted land for such purposes as he may consider to be in the interests of agriculture, fisheries or food supply.He may also alienate an ungranted land in favour of the person occupying it without a title on (insert here the date of the coming into force of this section), or to the transferee where such is the case.The Government shall by regulation determine the price and \u2022 conditions of alienation or leasing for each category of land and each category of acquirers or lessees that it determines.The Minister may in the cases provided for by regulation exempt a person from the payment of the price of alienation of ungranted land.10.Alienation is made by notarial deed en minute or by the issue of letters patent.Leasing is made by notarial deed en minute or by private deed.11.The Minister, on such conditions as he may determine and if he considers it appropriate, may grant a servitude or right on ungranted land.12.The Minister grants a servitude or right by notarial deed en minute, private deed or the issue of letters patent.13.Section 18 of the Lands and Forests Act applies to ungranted lands.DIVISION II cancellation of leases 14.The Minister may cancel à lease of ungranted land at any time where the lessee contravenes this Act or a regulation thereunder or does not observe the conditions of the lease.The Minister may also cancel a lease if it was granted in error or through fraud or if the lessee renounces it or cannot be found. 1348 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 15.The Minister shall send notice of his intention to cancel the lease to the lessee by registered or certified mail, not later than thirty days before the cancellation.The notice is sent to the last address known to the department.The Minister shall also cause a notice of his intention to order the cancellation to be posted on a public immoveable situated near the land concerned; the notice must reproduce section 16 and be posted not later than thirty days before the date of the cancellation.16.Any person wishing to oppose the cancellation of a lease shall make his opposition known to the Minister within thirty days of the date of posting of the notice.Opposition to the cancellation must be in writing and be substantiated.17.The time limits provided in sections 15 and 16 are sixty days in cases where the Minister intends to order a cancellation on the sole ground that the lessee cannot be found.18.Amounts paid to the Minister concerning the leased land and improvements made to the land are confiscated by the Minister from the cancellation.If the Minister considers it appropriate, he may pay an indemnity as a refund of any amount paid.19.If, after the cancellation of the lease by the Minister, the lessee refuses to leave the land, the Attorney General may, by a petition duly served on the lessee with a notice of not less than ten clear days of the date of its presentation, apply to the court having jurisdiction in the judicial district in which the land is situated for an order in the nature of a writ of possession.The petition is heard and decided by preference.20.On proof that the lease has been cancelled and that the lessee is wrongfully in posssession of the land, the judge shall grant an order on the lessee to leave the land and deliver up possession of it to the Minister.The order has the same effect as a writ of possession and the sheriff or any bailiff or person to whom the order may be entrusted by the Minister for execution must execute it in the manner provided for a writ of execution in an action for ejectment or in a possessory action.21.Thirty days after the expiry of the period for execution, all constructions and improvements made on the land described in the Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982.Vol.114.No.21 1349 order as well as any moveable property found on it form part of the public domain, without indemnity.22.The proceedings contemplated in sections 19 and 20 are deemed summar^ matters and the costs are those of a first class action in the Provincial Court.23.Sections 19 to 22 apply mutatis mutandis to every person who occupies ungranted land contrary t< this Act or the regulations.DIVISION III letters patent 24.Letters patent granted over the signature of the Minister or of a civil servant authorized by regulation have the same force as if they had been signed by the Lieutenant-Governor and countersigned and granted by the Attorney General under the Great Seal.The Minister shall summarily register the letters patent in the register contemplated in section 4.25.Letters patent must be registered by the Minister of Justice in accordance with Division m of the Act respecting the Ministère de la justice (R.S.Q., chapter M-19).The Minister may give copy or furnish a certificate of the registration in accordance with the said division.26.The Minister may, except in case of opposition by a third party vested with rights on the land contemplated, cancel defeftive letters patent and issue corrected letters patent bearing the date of those cancelled, if they have been issued to a person not entitled to them or if they contain an error concerning the area or designation of the land contemplated, a mistake in the beneficiary's name or any other clerical error.However, if a required correction can be made in the letters patent without cancelling them, the Minister may make it and give notice of it to the registrar of Québec, to have an entry of it made in their registration.27.The Minister shall notify the registrar of the registration division concerned and the registrar of Québec of any cancellation of letters patent pursuant to Title Five of Book Five of the Code of Civil Procedure. 1350 GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982.Vol.114, No.21 Part 2 CHAPTER III RULES APPLICABLE TO LANDS UNDER CONCESSION ¦ DIVISION I rights and obligations of grantees 28.Any grant of public agricultural land existing on (insert here the date of the day before the coming into force of section 57) remains valid.The person whose name is entered as grantee in the register contemplated in section 4 has the rights and obligations of an owner.He shall exercise those rights in accordance with this Act until letters patent are issued.29.The grantee of land may grant a servitude or a right on the land with the approval of and on the conditions fixed by the Minister.The beneficiary of the servitude or right must pay the duties prescribed by regulation and furnish any information or document deemed necessary by the Minister.30.In no case may the grantee of land hypothecate the land or encumber it with any real charge except a servitude or right granted in accordance with section 29.Any deed made in contravention of the first paragraph is null.DIVISION II registration .\u2022 31.On the filing of a deed of conveyance made by the grantee relating to a land under concession, or part of that land, the Minister shall substitute the name of the assignee for that of the grantee in the register contemplated in section 4.The preceding paragraph also applies upon the filing of a deed relating to a judicial sale or a sale.for real estate taxes pertaining to such a land or relating to a transmission of rights owing to the death of the grantee.32.In the absence of a deed referred to in section 31, the Minister may, on proof that he considers sufficient, recognize the person making an application therefor to be the holder of a land under Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982.Vol.114, No.21 1351 concession or part of that land and substitute that person's name for that of the grantee in the register.33.Where a deed referred to in section 31 is a private deed, it must be made in the presence of two witnesses and be accompanied with the oath or solemn affirmation of one of them.The deed must indicate the place and date it was made and the name and address of each witness.34.A person who requires that his name be substituted for the name of a grantee must pay the duties prescribed by regulation and furnish any information or document deemed necessary by the Minister.DIVISION III cancellation of concessions 35.The Minister may cancel a grant of land at any time where the grantee contravenes this Act or a regulation thereunder.The Minister may also cancel a concession if it was granted unlawfully, or in error or through fraud, or if the grantee renounces it or cannot be found.The Minister shall enter the cancellation summarily in the register contemplated in section 4.36.Sections 15 to 22 apply to a cancellation made pursuant to section 35, mutatis mutandis.37.Cancellation does not affect a servitude or right granted in accordance with section 29 and does not prevent the application of the Mining Act (R.S.Q., chapter M-13).38.If the cancellation of a grant of colonization land ordered pursuant to the Colonization Land Sales Act was rescinded before (insert here the date of the coming into force of this section), it is deemed never to have had effect.39.Land under concession that is subject to a cancellation pursuant to section 35 becomes subject to the provisions of this Act that are applicable to ungranted land.40.The Minister shall notify the secretary-treasurer of the county corporation or regional county municipality of any cancellation of a grant of land situated in the county. 1352 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 DIVISION IV issue of letters patent 41.The Minister shall, on demand, issue the letters patent relating to a land under concession in favour of the person whose name is entered in the register as grantee on the mere payment of the price of the grant.The letters patent have effect in favour of their beneficiary from the date of the grant.42.The Minister shall enter in the register contemplated in section 4 the name of any person who furnishes him with sufficient proof that he occupies land forming part of an Indian reserve disappropriated as such and having been the subject of a title granted without right by federal authority.The Minister shall issue to the person the letters patent relating to the land on the mere payment of any balance due under the title granted by federal authority.Letters patent issued in accordance with this section have effect in favour of their beneficiary from the date of the title granted by federal authority.43.The Minister shall substitute for the name of the grantee in the register contemplated in section 4 the name of the person who furnishes him with sufficient proof that he holds land conceded by James Crawford prior to the date of the coming into force of the Act for the disposal of\" Public Lands (S.C., 1841, chapter 100), and issue letters patent to him.The letters patent have effect in favour of their beneficiary from the date of the grant of the land by James Crawford.44.Division m of Chapter II applies to this division and the power of the Minister to rectify letters patent extends to those issued for colonization purposes or for any other purpose deemed to be in the interests of agriculture and colonization before 19 March 1921 and to letters patent issued under the Colonization Land Sales Act before (insert here the date of the coming into force of section DIVISION V miscellaneous provisions 45.Section 18 of the Lands and Forests Act applies to lands granted after 15 February 1924. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 1353 46.The Minister may, ex officio or on demand, cancel a deed of concession of land if the deed contains an error in the area or designation of the land granted, an error in the name of the grantee or any other clerical error, and issue another deed of concession to replace it.The new deed of concession has effect from the date of the cancelled deed of concession.CHAPTER IV ___'¦' REGULATIONS / 47.The Government may, by regulation, (1) determine categories of ungranted lands and of acquirers and lessees, and provide for each category the conditions and price relating to the leasing or alienation of the lands; (2) determine the cases where the Minister may exempt a person from the payment of the price of ungranted land; (3) determine the conditions and, where applicable, the rights relating to the cutting of timber on ungranted land or on land under concession and the cases where the authorization of the Minister is not required; (4) establish a tariff of fees for the preparation of documents, for any registration required under this Act and for obtaining copy of documents or written information relating to lands subject to this Act or for which^letters patent have been issued, and determine the cases of exemption from payment of such fees;' (5) authorize a civil servant to sign letters patent; (6) prescribe any transitional measure calculated to permit the application of this Act.48.Regulations come into force on the date of their publication in the Gazette officielle du Québec or on any later date indicated in the regulations.CHAPTER V \u2022 PENAL PROVISIONS 49.Every person who occupies ungranted land or enters, stays or erects a structure on such land otherwise than in the exercise of a right conferred or duty imposed by law is guilty of an offence. 1354 GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982.Vol.114.No.21 Part 2 50.Every person who cuts timber on ungranted land or on land under concession in contravention of this Act or a regulation is guilty of an offence.51.Every person who is guilty of an offence contemplated in this division is liable, in addition to costs, (1) for a first offence, to a fine of not less than $100 nor more than $1 000 in the case of a natural person, and, on failure to pay, to imprisonment for not more than three months, or in the case of an artificial person, to a fine of not less than $500 nor more than $5 000; (2) for any subsequent offence, to a fine of not less than $200 nor more than $2 000 in the case of a natural person, and on failure to pay, to imprisonment for not more than six months, or in the case of an artificial person, to a fine of not less than $1 000 nor more than $10 000.52.Proceedings under this division are taken in accordance with the Summary Convictions Act (R.S.Q., chapter P-15) by the Attorney General or by a person generally or specially authorized by him for that purpose.CHAPTER VI TRANSITIONAL AND FINAL PROVISIONS 53.Any lease relating to an ungranted land granted under a former Act and existing at the coming into force of this Act remains valid for the term for which it was granted and the holder of the lease shall exercise the rights arising from it, in accordance with Chapter II.54.Every regulation, order in council or order made under the Colonization Land Sales Act continues to be in force until it is repealed or replaced.55.Letters patent issued before (insert here the date of the coming into force of section 57) under the Colonization Land Sales Act and those for which the authority of the Minister has been substituted for that of the Minister of Energy and Resources under section 55 of the said Act are hereby declared valid.In no case may the letters patent be cancelled except by reason of fraud or to be replaced in accordance with section 44.The letters patent have effect in favour of their beneficiaries from the date of the grant.This section applies to pending cases. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982, Vol.114, No.21 1355 56.Every beneficiary of letters patent granted by the Government and concerning reserved land appropriated for religious premises and burial grounds in accordance with section 62 of the Colonization Land Sales Act may alienate the land for any purpose without the authorization of the Minister.Every alienation made without the authorization provided for in section 62 of the said Act is hereby approved.57.This Act replaces the Colonization Land Sales Act (R.S.Q., chapter T-8).58.The Act respecting the Ministère de l'agriculture, des pêcheries et de l'alimentation (R.S.Q., chapter M-14) is amended by striking out the words \"and colonization societies\" in paragraph 4 of section 2 and the words \"colonization society\" in section 16, respectively, and by striking out the words \"or settlers\" in paragraph 6 of section 2.59.Section 2 of the said Act is amended by adding, after paragraph 6.1, the following paragraph: \"(6.2) he shall be responsible for making the entries in the register of rights granted on public lands under his authority.He may order the keeping of any new register;\".60.Sections 5 and 6 of the said Act are repealed.61.The said Act is amended by inserting, after section 14, the following section: \" ¦ \"14.1 Section 6 and sections 19 to 22 and 49 to 52 of the Act respecting public agricultural lands (1982, chapter (insert here the chapter number of Bill 49)) apply, mutatis mutandis, to all lands under the authority of the Minister.\" 62.Section 15 of the said Act is replaced by the following section: \"15.Sections 82 to 87 of the Lands and Forests Act (R.S.Q., chapter T-9) apply, mutatis mutandis, to lands under the authority of the Minister and the powers conferred therein are exercised by the Minister or by any employee of the department generally or specially authorized by him for that purpose.\" 63.The said Act is amended by inserting, after section 15, the following section: 1356 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 \"15.1 No member of the personnel of the department may directly or indirectly acquire any public land under the authority of the Minister unless he is authorized to do so by order of the Government.\" 64.Section 24 of the said Act is amended by replacing the third and fourth paragraphs by the following paragraphs: \"For such purposes, the Minister may, in particular, acquire any immoveable under concession that is subject to the Act respecting agricultural public lands (1982, chapter insert here the chapter number of Bill 49), and, from such acquisition, that concession is cancelled of right and the cancellation has the same effect as if it had been made by the Minister under Division m of Chapter III of that Act.From that acquisition, such an immoveable is no longer subject to that Act.This paragraph has effect from 22 December 1969 in respect of any immoveable under concession that is then subject to the Colonization Lands Sales Act and which has been thus acquired.He may also, by a notice, exempt an immoveable from a program to bring it under another program or place it in the arable land bank established under Division vu, or exempt an immoveable from the arable land bank to bring it under a program.\" 65.The Act respecting the acquisition of colonization lands (R.S.Q., chapter A-4) is repealed.66.The Colonization Societies Act (Revised Statutes, 1964, chapter 104) is repealed.67.The Pioneering Merit Act (Revised Statutes, 1964, chapter 107) is repealed.68.The Settlers Protection Act (R.S.Q., chapter P-38) is repealed.69.The Lands and Forests Act (R.S.Q., chapter T-9) is amended by replacing, wherever they appear, the words \"colonization land\" by the words \"public agricultural land\", the words \"colonization purposes\" by the words \"agricultural purposes\", the words \"interest of colonization\" by the words \"interests of agriculture\" and the word \"colonization\" by the word \"agriculture\", and making the necessary adaptations.70.Sections 23, 24 and 25 of the said Act are replaced by the following sections: \"23.The Minister of Energy and Resources may by order transfer to the Minister of Agriculture, Fisheries and Food the GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 1357 jurisdiction over any public land that he considers by its nature or situation to be suitable for agricultural purposes.Land thus transferred is subject to the Act respecting public agricultural lands (1982, chapter insert here the chapter number of BUI U9) and ceases to be subject to any forest operation permit.\"24.The Minister of Agriculture, Fisheries and Food may by order transfer jurisdiction over any public land to the Minister of Energy and Resources where he considers the land no longer suitable for agricultural purposes.\"24.1 The transfers of jurisdiction contemplated in sections 23 and 24 take effect from the date of the Minister's order evidencing the transfer.'25.No sale of public land may be made for agricultural purposes, except of land under the authority of the Minister of Agriculture, Fisheries and Food.\" 71.Section 55 of the said Act is repealed.72.The Minister of Agriculture, Fisheries and Food is entrusted with the application of this Act.73.This Act will come into force on the date to be fixed by proclamation of the Government, except the provisions excluded by such proclamation, which will come into force on a later date to be ffxed by proclamation of the Government. 1358 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 CHAPTER I Division I Division II TABLE OF CONTENTS Scope Administration CHAPTER II \u2014 Rules applicable to ungranted lands Division I Division II Division III CHAPTER III Division I Division II Division III Division IV Division V CHAPTER IV CHAPTER V CHAPTER VI \u2014 Alienation and leasing \u2014 Cancellation of leases \u2014 Letters patent \u2014 Rules applicable to lands under concession \u2014 Rights and obligations of grantees \u2014 Registration \u2022 \u2014 Cancellation of concessions \u2014 Issue of letters patent \u2014 Miscellaneous provisions \u2014 Regulations \u2014 Penal provisions \u2014 Transitional and final provisions Sections 1 and 2 3 to 8 9 to 27 9 to 13 14 to 23 24 to 27 28 to 46 28 to 30 31 to 34 35 to 40 41 to 44 45 and 46 47 and 48 49 to 52 53 to 73 Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982, Vol.114, No.21 1359 NATIONAL ASSEMBLY OF QUÉBEC Thirty-second Legislature, Third session 1982, chapter 7 AN ACT TO AMEND THE ACT RESPECTING THE CENTRE DE RECHERCHE INDUSTRIELLE DU QUEBEC Bill No.50 Introduced by Mr.Rodrigue Biron First reading: 4 March 1982 Second reading: 11 March 1982 Third reading: 30 March 1982 Assented to: 31 March 1982 Coming into force: 31 March 1982 Act amended : Act respecting the Centre de recherche industrielle du Québec (R.S.Q.chapter C-8) Éditeur officiel Québec - 1360 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 explanatory notes The main object of this bill is to authorize the Minister of Finance to pay the sum of $85 000 000 to the Centre de recherche industrielle du Québec dining the period from 1 April 1982 to 31 March 1987.In addition, this bill is designed to dispense the Centre henceforth from obtaining the approval of the Government when making regulations for its internal management and administration, and when making agreements with the departments and bodies of the Gouvernement du Québec.Lastly, it authorizes the Minister of Industry, Commerce and Tourism, who is the Minister responsible for the administration of the Act, to issue directives on the objectives and goals of the Centre, with the approval of the Government. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982.Vol.114.No.21 1361 Bill 50 An Act to amend the Act respecting the Centre de recherche industrielle du Québec HER MAJESTY, with the advice and consent of the National Assembly of Québec, enacts as follows: 1.Section 6 of the Act respecting the Centre de recherche industrielle du Québec (R.S.Q., chapter C-8) is replaced by the following section: \"6.The term of office of the general manager is not over five years, and that of the other members is not over three years.\" 2.Section 11 of the said Act is amended by replacing the first paragraph by the following paragraph: \"11.The secretary and the other functionaries and employees of the Centre shall be appointed and remunerated in accordance with the staff requirements, standards and scales established by regulation of the Centre.The regulation comes into force only after being approved by the Government.\" 3.Section 15 of the said Act is replaced by the following section: \"15.The Centre may make regulations for (a) its internal management; (b) the establishment and powers of an executive committee; (c) defining the duties and powers of its employees; (d) the purposes of section 14.\" 4.Section 18 of the said Act is amended by adding, at the end, the following paragraphs: 1362 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 \"(g ) enter according to law into an agreement with any government, governmental department or governmental agency; \"(h ) enter into a contract with any person to participate in research; \"(i ) dispose of patents which it has acquired or permit them to be used.\" 5.The said Act is amended by inserting, after section 18, the following section: \"18.1 The Centre shall not, without the authorization of the Minister of Industry, Commerce and Tourism, enter into any purchase contract or contract for services entailing an obligation for the Centre to pay an amount in excess of $200 000.\" 6.Section 19 of the said Act is replaced by the following section: \"19.The Centre shall not, without the authorization of the Government, (a) contract a loan which would raise to more than $500 000 the total of the amounts borrowed by it and not yet repaid; (6) acquire stocks or shares of any corporation.\" 7.Section 25 of the said Act is replaced by the following section: ¦ \"25.The Minister of Finance shall pay the sum of $85 000 000 to the Centre out of the consolidated revenue fund during the period from 1 April 1982 to 31 March 1987.The sum shall be paid to the Centre in one or several payments in the amount or amounts and on the conditions determined by the Government.The total payment for the fiscal year 1982-1983 shall not be less than $13 000 000.For each subsequent fiscal year, the total payment shall not be less than the minimum payment provided for the preceding fiscal year indexed by 10%, until the sum of $85 000 000 contemplated in the first paragraph is exhausted.\" 8.The said Act is amended by inserting, after section 26, the following section: Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982.Vol.114.No.21 1363 \"26.1 The Minister of Industry, Commerce and Tourism may within the scope of the powers and responsibilities vested in him issue directives on the objectives and goals of the Centre in carrying out its statutory powers.The directives must be submitted to the Government for approval.If it approves them, they bind the Centre and it must observe them.Every directive issued pursuant to this section must be tabled before the National Assembly of Québec, if it is in session, within fifteen days of its approval by the Government.If the directive is issued while the National Assembly is not sitting, the directive must be tabled before it within fifteen days of the opening of the next session or, as the case may be, within fifteen days of resumption.\" 9.This Act comes into force on the day of its sanction. - I Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 1365 NATIONAL ASSEMBLY OF QUÉBEC Thirty-second Legislature, Third session 1982, chapter 8 AN ACT RESPECTING THE SOCIÉTÉ DU GRAND THÉÂTRE DE QUÉBEC Bill No.51 Introduced by Mr.Clément Richard First reading: 9 March 1982 Second reading: 16 March 1982 Third reading: 30 March 1982 Assented to: 31 March 1982 Coming into force by proclamation of the Government Act replaced: Act respecting the Grand Théâtre de Québec (R.S.Q., chapter G-2) Éditeur officiel Québec 1366 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.'21 Part 2 EXPLANATORY NOTES This bill replaces the Act respecting the Grand Théâtre de Québec (R.S.Q., chapter G-2).It provides for the establishment and organization of the Société du Grand Théâtre de Québec (\"the Corporation\"), which is substituted for the Régie du Grand Théâtre de Québec.It provides that the nine members of the Corporation are to be appointed by the Government, three of them after consultation with the Communauté urbaine de Québec.It gives the Corporation a mandate to present, stage and produce performances.It nuikes the exercise of certain powers of the Corporation subject to government approval.Lastly, it requires the Corporation to obtain government approval of its development plan. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982, Vol.114, No.21 1367 1 Bill 51 An Act respecting the Société du Grand Théâtre de Québec HER MAJESTY, with the advice and consent of the National Assembly of Québec, enacts as follows: CHAPTER I ¦ ESTABLISHMENT AND ORGANIZATION 1.A body, herein referred to as \"the Corporation\", is hereby established under the name of the \"Société du Grand Théâtre de Québec\".2.The Corporation is a corporation within the meaning of the Civil Code, and has all the powers of such a corporation in addition to those conferred on it by this Act.3.The corporate seat of the Corporation is in the territory of the Communauté urbaine de Québec.4.The affairs of the Corporation are administered by a board of directors consisting of nine members appointed by the Government; three of the members, excluding the chairman, are appointed upon the recommendation of the Communauté urbaine de Montréal.5.The Government shall fix the salary, fees or allowances of the members of the Corporation and any indemnities they are entitled to.6.The members of the Corporation are appointed for a term of not over four years. 1368 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 7.The members of the Corporation remain in office notwithstanding the expiry of their term until they are replaced or reappointed.8.Five members are a quorum at sittings of the Corporation.9.In case of a tie-vote, the chairman has a casting vote.10.If a member of the Corporation is absent or temporarily unable to act, the Government, according to the mode of appointment provided in section 4 and on the conditions it determines, may appoint a person as interim member.11.Each year, at its first meeting, the Corporation shall form an executive committee of three members, whose functions are determined by the by-laws of the Corporation.The by-laws come into force from the date of their approval by the Government.The president of the Corporation is chairman of the committee ex officio; a vice-chairman and the third member are to be designated from among the other members of the Corporation.12.The Corporation shall appoint a director general, whose salary, allowances, indemnities and other conditions of employment are determined by the Government.13.The director general is responsible for the management of the Corporation within the scope of its by-laws.14.The director general shall perform his duties on a full-time basis; however, he may simultaneously carry out the duties of secretary.15.The Corporation may appoint a secretary and any other employee necessary for its functions.16.The secretary and the other employees of the Corporation are appointed and remunerated in accordance with the standards, scales and staffing plan established by the by-laws of the Corporation.The by-laws come into force from the date of their approval by the Government.17.The Corporation may adopt internal management by-laws.The by-laws come into force from the date of their approval by the Government. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982, Vol.114, No.21 1369 « 18.Every member of the Corporation having a direct or indirect interest in an undertaking causing his personal interest to conflict with that of the Corporation shall, under pain of forfeiture of office, disclose it in -writing to the board of directors and abstain from participating in any decision bearing on the undertaking in which he has an interest.19.The minutes of the sittings of the board of directors, approved by the board and certified by the president of the Corporation or by the secretary, are authentic.Similarly, documents or copies emanating from the Corporation or forming part of its records are authentic if certified by the secretary.CHAPTER II FUNCTIONS AND POWERS ' 20.The functions of the Corporation are to manage the Grand Théâtre de Québec and to present, stage and produce perfor- ¦ mances.21.The Corporation shall not, without obtaining the prior authorization of the Government, (1) exercise its powers in respect of property other than the Grand Théâtre de Québec; (2) acquire, alienate, hypothecate or take a lease on an immoveable; ¦ (3) enter into a contract for more than three years, except a contract for less than five years in which the Corporation is the lessor; (4) contract a loan that increases the aggregate of sums borrowed by the Corporation and outstanding above the amount determined by the Government; (5) .exercise a mandate pertaining to the negotiation of a collective labour agreement with its employees; (6) sign a collective labour agreement with its employees.22.The Corporation shall proceed by way of public tenders in all cases where a department must do so according to the rules adopted under the Financial Administration Act (R.S.Q., chapter A-6). 1370 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 CHAPTER III GOVERNMENT GUARANTEES 23.The Government may determine the conditions of any subsidy it grants to the Corporation to cover the whole or part of the payment in capital and interest of any loan or other obligation of the Corporation.24.The Government may guarantee, on such conditions as it may fix, the payment in capital and interest of any loan or other obligation of the Corporation.The sums required for the administration of this section are taken out of the consolidated revenue fund.CHAPTER IV ACCOUNTS AND REPORTS 25.The fiscal period of the Corporation ends on 31 August each year.26.The Corporation must have its development plan approved by the Government.The Government shall determine the form and general tenor of the development plan and the time when the plan must be filed with it.27.Within three months from the end of its fiscal period, the Corporation shall file its financial statements and a report of its activities for the preceding fiscal period with the Minister of Cultural Affairs.The financial statements and the report of activities must contain all the information required by the Minister.28.The Minister shall table the report of activities and the financial statements of the Corporation before the National Assembly of Québec within thirty days of receiving them, if the Assembly is in session or, if it is not sitting, within thirty days of the next session or of resumption, as the case may be.29.The Corporation shall also furnish to the Minister any information he requires on its activities.30.The books and accounts of the Corporation must be audited every year and whenever the Government orders them Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982, Vol.114, No.21 1371 audited, by the Auditor General or by an auditor recommended by the Corporation with the approval of the Government.31.The report of the auditors must accompany the report of activities and the financial statements of the Corporation.32.The sums received by the Corporation must be used to meet its obligations and the balance paid annually into the consolidated revenue fund.CHAPTER V TRANSITIONAL AND FINAL PROVISIONS 33.The name \"Grand Théâtre de Québec\" and the name \"Grand Théâtre\" shall not be used in Québec to designate any immoveable, undertaking or body, without the written authorization of the Corporation.34.The Société du Grand Théâtre de Québec is substituted for the Régie du Grand Théâtre de Québec and, in that capacity, assumes its powers and obligations and acquires its rights.35.Members and employees of the Régie du Grand Théâtre de Québec who are in office when this section comes into force become members and employees, respectively, of the Société du Grand Théâtre de Québec.36.The term of office of a member of the Régie du Grand Théâtre de Québec that has not expired when this section comes into force is continued until the appointment of a new member by the Government according to the mode of appointment provided in section 4.37.Every provision of a by-law, order in council or order made under the Act respecting the Grand Théâtre de Québec (R.S.Q., chapter G-2) remains in force until it is amended or replaced.38.In any Act, regulation, by-law, order in council, order, contract, agreement or other document, the words \"Régie du Grand Théâtre de Québec\", \"Grand Théâtre de Québec\" or \"Board\", where they designate the Régie du Grand Théâtre de Québec, are replaced by the words \"Société du Grand Théâtre de Québec\" or by the word \"Corporation\".39.This Act replaces the Act respecting the Grand Théâtre de Québec. 1372 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 40.The Minister of Cultural Affairs is responsible for the administration of this Act.41.This Act will come into force on a date to be fixed by proclamation of the Government, except the provisions excluded by that proclamation, which will come into force on a later date to be fixed by proclamation of the Government. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982.Vol.114, No.21 1373 NATIONAL ASSEMBLY OF QUÉBEC Thirty-second Legislature, Third session 1982, chapter 9 AN ACT RESPECTING THE SOCIÉTÉ DE LA PLACE DES ARTS DE MONTRÉAL Bill No.52 Introduced by Mr.Clément Richard First reading: 9 March 1982 Second reading: 16 March 1982 Third reading: 30 March 1982 Assented to: 31 March 1982 Coming into force by proclamation of the Government Act replaced: Act respecting Place des Arts (R.S.Q., chapter P-11) Éditeur officiel Québec 1374 GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982, Vol.114.No.21 Part 2 EXPLANATORY NOTES This bill replaces the Act respecting Place des Arts (R.S.Q., chapter P-ll).It provides for the establishment and organization of the Société de la Place des Arts de Montréal (\"the Corporation\"), which is substituted for the Régie de la Place des Arts.It provides that the nine members of the Corporation are to be appointed by the Government, three of them after consultation with the Communauté urbaine de Montréal.It gives the Corporation a mandate to present, stage and produce performances.It makes the exercise of certain powers of the Corporation subject to government approval.Lastly, it requires the Corporation to obtain government approval of its development plan. GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982, Vol.114, No.21 1375 Bill 52 An Act respecting the Société de la Place des Arts de Montréal HER MAJESTY, with the advice and consent of the National Assembly of Québec, enacts as follows: CHAPTER I .ESTABLISHMENT AND ORGANIZATION 1.A body, herein referred to as \"the Corporation\", is hereby established under the name of the \"Société de la Place des Arts de Montréal\".2.The Corporation is a corporation within the meaning of the Civil Code, and has all the powers of such a corporation in addition to those conferred on it by this Act.3.The corporate seat of the Corporation is in the territory of the Communauté urbaine de Montréal.4.The affairs of the Corporation are administered by a board of directors consisting of nine members appointed by the Government; three of the members, excluding the chairman, are appointed upon the recommendation of the Communauté urbaine de Montréal.5.The Government shall fix the salary, fees or allowances of the members of the Corporation and any indemnities they are entitled to.6.The members of the Corporation are appointed for a term of not over four years. 1376 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982.Vol.114, No.21 Part 2 7.The members of the Corporation remain in office notwithstanding the expiry of their term until they are replaced or reappointed.8.Five members are a quorum at sittings of the Corporation.9.In case of a tie-vote, the chairman has a casting vote.10.If a member of the Corporation is absent or temporarily unable to act, the Government, according to the mode of appointment-provided in section 4 and on the conditions it determines, may appoint a person as interim member.11.Each year, at its first meeting, the Corporation shall form an executive committee of three members, whose functions are determined by the by-laws of the Corporation.The by-laws come into force from the date of their approval by the Government.The president of the Corporation is.chairman of the committee ex officio; a vice-chairman and the third member are to be designated from among the other members of the Corporation.12.The Corporation shall appoint a director general, whose salary, allowances, indemnities and other conditions of employment are determined by the Government.13.The director general is responsible for the management of the Corporation within the scope of its by-laws.14.The director general shall perform his duties on a full-time basis; however, he may simultaneously carry out the duties of secretary.15.The Corporation may appoint a secretary and any other employee necessary for its functions.16.The secretary and the other employees of the Corporation are appointed and remunerated in accordance with the standards, scales and staffing plan established by the by-laws of the Corporation.The by-laws come into force from the date of their approval by the Government.17.The Corporation may adopt internal management by-laws.The by-laws come into force from the date of their approval by the Government. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 1377 18.Every member of the Corporation having a direct or indirect interest in an undertaking causing his personal interest to conflict with that of the Corporation shall, under pain of forfeiture of office, disclose it in writing to the board of directors and abstain from participating in any decision bearing on the undertaking in which he has an interest.19.The minutes of the sittings of the board of directors, approved by the board and certified by the president of the Corporation or by the secretary, are authentic.Similarly, documents or copies emanating from the Corporation or forming part of its records are authentic if certified by the secretary.CHAPTER II FUNCTIONS AND POWERS 20.The functions of the Corporation are to manage the Place des Arts de Montréal and to present, stage and produce performances.21.The Corporation shall not, without obtaining the prior authorization of the Government, (1) exercise its powers in respect of property other than the Place des Arts de Montréal; (2) acquire, alienate, hypothecate or take a lease on an immoveable; (3) enter into a contract for more than three years, except a contract for less than five years in which the Corporation is the lessor; (4) contract a loan that increases the aggregate of sums borrowed by the Corporation and outstanding above the amount determined by the Government; (5) exercise a mandate pertaining to the negotiation of a collective labour agreement with its employees; (6) sign a collective labour agreement with its employees.22.The Corporation shall proceed by way of public tenders in all cases where a department must do so according to the rules adopted under the Financial Administration Act (R.S.Q., chapter A-6). 1378 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 CHAPTER III GOVERNMENT GUARANTEES 23.The Government may determine the conditions of any subsidy it grants to the Corporation to cover the whole or part of the payment in capital and interest of any loan or other obligation of the Corporation.24.The Government may guarantee, on such conditions as it may fix, the payment in capital and interest of any loan or other obligation of the Corporation.The sums required for the administration of this section are taken out of the consolidated revenue fund.CHAPTER IV ACCOUNTS AND REPORTS 25.The fiscal period of the Corporation ends on 31 August each year., 26.The Corporation must have its development plan approved by the Government.The Government shall determine the form and general tenor of the development plan and the time when the plan must be filed with it.27.Within three months from the end of its fiscal period, the Corporation shall file its financial statements and a report of its activities for the preceding fiscal period with the Minister of Cultural Affairs.The financial statements and the report of activities must contain all the information required by the Minister.28.The Minister shall table the report of activities and the financial statements of the Corporation before the National Assembly of Québec within thirty days of receiving them^ if the Assembly is in session or, if it is not sitting, within thirty days of the next session or of resumption, as the case may be.29.The Corporation shall also furnish to the Minister any information he requires on its activities.30.The books and accounts of the Corporation must be audited every year and whenever the Government orders them Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982.Vol.114.No.21 1379 audited, by the Auditor General or by an auditor recommended by the Corporation with the approval of the Government.31.The report of the auditors must accompany the report of activities and the financial statements of the Corporation.32.The sums received by the Corporation must be used to meet its obligations and the balance paid annually into the consolidated revenue fund.CHAPTER V TRANSITIONAL AND FINAL PROVISIONS 33.The name \"Place des Arts de Montréal\" and the name \"Place des Arts\" shall not be used in Québec to designate any immoveable, undertaking or body, without the written authorization of the Corporation.34.The Société de la Place des Arts de Montréal is substituted for the Régie de la Place des Arts and, in that capacity, assumes its powers and obligations and acquires its rights.35.Members and employees of the Régie de la Place des Arts who are in office when this section comes into force become members and employees, respectively, of the Société de la Place des Arts de Montréal.36.The term of office of a member of the Régie de la Place des Arts that has not expired when this section comes into force is continued until the appointment of a new member by the Government according to the mode of appointment provided in section 4.37.Every provision of a by-law, order in council or order made under the Act respecting Place des Arts (R.S.Q., chapter P-ll) remains in force until it is amended or replaced., 38.In any Act, regulation, by-law, order in council, order, contract, agreement or other document, the words \"Régie de la Place des Ar£s\", \"Place des Arts\" or \"Board\", where they designate the Régie de la Place des Arts, are replaced by the words \"Société de la Place des Arts de Montréal\" or by the word \"Corporation\".39.The commitments of the Government in respect of the holders of obligations of the Régie de la Place des Arts are not changed by this Act. 1380 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982, Vol.114, No.21 Part 2 40.The commitments of the city of Montréal in respect of the deficits of the Régie de la Place des Arts, in accordance with orders in council 679-65 of 31 March 1965 and 904-66 of 18 May 1966 and order 3423-80 of 29 October 1980, are at the sole charge of the Government.41.This Act replaces the Act respecting Place des Arts.42.The Minister of Cultural Affairs is responsible for the administration of this Act.43.This Act will come into force on a date to be fixed by proclamation of the Government, except the provisions excluded by that proclamation, which will come into force on a later date to be fixed by proclamation of the Government. Part 2_GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 1381 Bill No.53 Introduced by Mr.Yves Duhaime First reading: 11 March 1982 Second reading: 30 March 1982 Third reading: 30 March 1982 Assented to: 31 March 1982 Coming into force: 31 March 1982 Act amended : Act respecting the Société québécoise d'initiatives pétrolières (R.S.Q., chapter S-22) Éditeur officiel Québec .-, NATIONAL ASSEMBLY OF QUÉBEC Thirty-second Legislature, Third session 1982, chapter 10 AN ACT TO AMEND THE ACT RESPECTING THE SOCIETE QUÉBÉCOISE D'INITIATIVES PÉTROLIÈRES 1382 GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982, Vol.114, No.21 Part 2 EXPLANATORY NOTES The chief object of this bill is to increase the authorized capital of the Société québécoise d'initiatives pétrolières by $90 000 000.The sum will be paid to SOQUIP by the Minister of Finance during the four fiscal years between 31 March 1982 and 1 April 1986. GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 1383 Bill 53 An Act to amend the Act respecting the Société québécoise d'initiatives pétrolières HER MAJESTY, with the advice and consent of the National Assembly of Québec, enacts as follows: 1.Section 4 of the Act respecting the Société québécoise \u2022 d'initiatives pétrolières (R.S.Q., chapter S-22), replaced by section 2 of chapter 27 of the statutes of 1980, is replaced by the following section: \"4.The authorized capital of the Company is $255 000 000, divided into 5 100 000 shares of a par value of $50 each.\" 2.Section 9.1 of the said Act, enacted by section 4 of chapter 27 of the statutes of 1980, is amended by replacing the words \"au paragraphe\" in the seventh line of the second paragraph of the French version by the words \"à l'alinéa\".3.The said Act is amended by adding, after section 9.2 enacted.by section 4 of chapter 27 of the statutes of 1980, the following section: 9.2.1 Upon the application of the Company, which it shall prepare in accordance with the sums required for the purposes of its investments, the Minister of Finance shall also pay to the Company, out of the consolidated revenue fund, the sum of $90 000 000 for 1 800 000 fully paid-up shares of its capital stock, according to the following terms and conditions: (a) in the fiscal year 1982-1983, up to the sum of $15 000 000 for the proportionate number of fully paid-up shares of its capital stock; (6) in each of the fiscal years 1983-1984, 1984-1985 and 1985-1986, up to the sum of $25 000 000 for the proportionate number of fully paid-up shares of its capital stock. 1384 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982.Vol.114, No.21 ' Part 2 If, however, in any year mentioned in the first paragraph, the Company applies for a smaller sum than the maximum sum provided for for that year, it may later make an application for the difference between the two sums.Upon this latter application, the Minister of Finance shall pay to the Company, out of the consolidated revenue fund, notwithstanding the maximum yearly sums provided for in the first paragraph, the sum applied for, for the proportionate number of fully paid-up shares of its capital stock.The Company shall not employ an amount paid to it pursuant to the preceding paragraphs for purposes other than those approved by the Government.Third persons are not bound to see to the observance of this paragraph, and it shall not be invoked by them or against them.\" 4.Section 9.3 of the said Act, enacted by section 4 of chapter 27 of the statutes of 1980, is replaced by the following section: \"9.3 The Company shall issue share certificates to the Minister of Finance in return for the payments made under sections 9.1, 9.2 and 9.2.1.\" 5.This Act comes into force on the day of its sanction. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 1385 NATIONAL ASSEMBLY OF QUÉBEC Thirty-second Legislature/Third session 1982, chapter 14 AN ACT TO AMEND THE ACT RESPECTING THE ISOCIETE QUEBECOISE DE DÉVELOPPEMENT *DES INDUSTRIES CULTURELLES Bill No.54 Introduced by Mr.Clément Richard First'reading: 16 March 1.982 Second reading: 30 March 1982 Third reading: 8 April 1982 Assented to: 8 April 1982 Act amended : Act respecting the Société québécoise de développement des industries culturelles (R.S.Q., chapter S-18.3) Coming into force: 8 April 1982 Éditeur officiel Québec 1386 GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982, Vol.114, No.21 Part EXPLANATORY NOTES The main objects of this bill are to increase the authorized capital of the Société québécoise de développement des industries culturelles by $10 000 000 and to enable the Government to guarantee the loans of the company.It also broadens the objects of the company to enable it to promote the creation and development of undertakings engaged in the fields of communications and cultural property.Finally, it emphasizes one of such new objects by calling the company the \"Société de développement des industries de la culture et des communications\". GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 1387 Bill 54 An Act to amend the Act respecting the Société québécoise de développement des industries culturelles HER MAJESTY, with the advice and consent of the National Assembly of Québec, enacts as follows: 1.Section 1 of the Act respecting the Société québécoise de développement des industries culturelles (R.S.Q., chapter S-18.3) is amended by adding the following paragraph: \"From 8 April 1982, the company shall be called \"Société de développement des industries de la culture et des communications\" or referred to under the initials \"SODICC\".\" 2.In any Act, regulation, proclamation, order in council, decree or other document, the expression \"Société québécoise de développement des industries culturelles\" or the word \"company\" referring to the Société québécoise de développement des industries culturelles are replaced by \"Société de développement des industries de la culture et des communications\" and by \"company\" referring to the latter company.3.Section 4 of the said Act is amended by replacing subparagraph a of the first paragraph by the following subparagraph: \"(a) to promote the creation and development of undertakings engaged in the fields of (1) book publishing; (2) communication services, including television, radio, cable service, videotapes, audio-visual production, newspapers, periodicals and software; 1388 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 (3) recording, video-recording and video-cassettes; (4) performing arts, including theatre, entertainment, music, dance and singing; (5) arts and crafts; (6) immoveable cultural property; (7) any nature designated by regulation of the Government;\".4.Section 5 of the said Act is amended by adding after the word \"cultural\" in the last line of the first paragraph the words \"and communication\".5.Section 15 of the said Act is amended by replacing the words \"cultural undertaking\" in the fourth line of the first paragraph by the words \"undertaking engaged in the field of culture or communication\".6.Section 17 of the said Act is replaced by the following section: \"17.The authorized capital of the company is $20 000 000, divided into 200 000 shares of a par value of $100 each.\" 7.Section 19 of the said Act is amended by striking out the second paragraph.8.The said Act is amended by inserting, after section 19, the following sections: \"19.1 The Minister of Finance is also authorized to pay to the company, out of the consolidated revenue fund, the sum of $10 000 000 for 100 000 fully paid-up shares of its capital stock for which share certificates are to be issued to the Minister by the company.\"19.2 The payments provided for in sections 19 and 19.1 may be made in one or several instalments the amount and conditions of which are determined by the Government.\" 9.Section 20 of the said Act is amended (1) by replacing subparagraphs c and d of the first paragraph by the following subparagraphs: \"(c ) acquire or dispose of immoveables, except by way of the performance of a guarantee offered by a borrower; \"(d) make a financial engagement or grant financial assistance for a sum exceeding the amount determined by the Government;\"; Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 1389 (2) by adding, after the second paragraph, the following paragraph: \"In the case of a loan contemplated in subparagraph 6 of the first paragraph, the Government may, on the conditions it determines, guarantee the payment in capital and interest of any loan contracted by the company.The sums required for the application of this paragraph are taken out of the consolidated revenue fund.\" 10.This Act comes into force on the day of its sanction. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982, Vol.114.No.21 1391 NATIONAL ASSEMBLY OF QUÉBEC Thirty-second Legislature, Third session 1982, chapter 11 AN ACT RESPECTING THE ROLL OF RENTAL VALUES OF THE CITY OF MONTRÉAL, FOR THE PURPOSES OF THE WATER-RATE AND SERVICE TAX, FOR THE FISCAL YEARS 1981 AND 1982 Bill No.58 Introduced by Mr.Jacques Léonard First reading: 25 March 1982 Second reading: 30 March 1982 Third reading: 30 March 1982 Assented to: 31 March 1982 Coming into force: 31 March 1982 Act amended : None Éditeur officiel Québec , 1392 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 EXPLANATORY NOTE The object of this bill is to authorize the city of Montréal to use, for the purposes of the water-rate and service tax for each of the fiscal years 1981 and 1982, the roll of rental values applicable for its preceding fiscal year. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 1393 Bill 58 An Act respecting the roll of rental values of the city of Montréal, for the purposes of the water-rate and service tax!, for the fiscal years 1981 and 1982 HER MAJESTY, with the advice and consent of the National Assembly of Québec, enacts as follows: 1.The roll of rental values of the city of Montréal applicable for its fiscal year 1980 for the purposes of the water-rate and service tax, kept up to date or amended in conformity with the law, constitutes, for the same purposes, from 1 January 1981, the roll of rental values of that city for its fiscal year 1981.2.The roll of rental values of the city of Montréal applicable for , .its fiscal year 1981 for the purposes of the water-rate and service tax, kept up to date or amended in conformity with the law, constitutes, for the same purposes, from 1 January 1982, the roll of rental values of that city for its fiscal year 1982.3.Section 1 has effect as from 1 January 1981.4.Section 2 has effect as from 1 January 1982.5.This Act comes into force on the day of its sanction. Part 2 \u2022 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 1395 NATIONAL ASSEMBLY OF QUÉBEC Thirty-second Legislature, Third session 1982, chapter 15 AN ACT RESPECTING CERTAIN CAISSES D'ENTRAIDE ÉCONOMIQUE Bill No.60 Introduced by Mr.Jacques Parizeau First reading: 30 March 1982 Second reading: 6 April 1982 Third reading: 8 April 1982 Assented to: 8 April 1982 Coming into force: 8 April 1982 Acts amended: Act respecting the sociétés d'entraide économique and amending various legislation (1981, chapter 31) Taxation Act (R.S.Q., chapter I-3) .- Éditeur officiel Québec 1396 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 EXPLANATORY NOTES.The main object of this bill is to order a vote held in all caisses d'entraide économique, excepting those which have converted into sociétés d'entraide économique pursuant to the vote on U February 1982, and those which had already decided on their future form of existence before 28 February 1982, the date on which the Minister of Financial Institutions and Cooperatives made his policy statement.At this vote, to be held on 22 May 1982, the members of a union (caisse) entitled to vote under the terms of the bill will have several options to choose from.They may elect to convert their union into a société d'entraide économique following the \"Dugal plan\".They may decide to integrate their union with the Mouvement des caisses populaires et d'économie Desjardins du Québec, if the Mouvement has proposed it to them.They may opt for any other plan submitted to them with the Minister's approval.Or, they may choose to wind up and dissolve their caisse d'entraide économique.The bill sets out the necessary rides on the drafting and presenting of the various options, on their contents and conditions of application and, lastly, on establishing their juridical effects.The bill regulates publicity between tabling of the bill and 1 June 1982 dealing with the options to be submitted to the members for the vote.Any option that receives over 50% of the vote will be adopted.If no option receives over 50%, a second vote will be held on 29 May 1982.The bill also sets forth rules for the vote, inparticular, rules on preparing and revising the list of members of each caisse d'entraide économique for the purposes of voting.The director general of elections will have charge of the holding of the vote and establish the necessary rules.In addition, the bill empowers the Minister to order, after 1 June 1982, the winding-up of a union on the conditions he may determine.Lastly, the bill contains several provisions designed to allow the sociétés d'entraide économique, on conditions specified in the bill, to redeem shares and pay deposits held in a registered retirement savings plan by a person 65 years of age or over, in a registered home ownership savings plan by a person having acquired a Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982.Vol.114, No.21 1397 principal residence, and by a disabled person.It is also designed to allow, until 1 September 1982, the transfer of shares of the sociétés d'entraide économique, with the related tax benefits.Several legislative provisions which already exist in other statutes now in force have, instead of being referred to, been reproduced in the bill, to simplify comprehension.The bill amends the Taxation Act and the Act respecting the sociétés d'entraide économique and amending various legislation. . GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982, Vol.114.No.21 Bill 60 An Act respecting certain caisses d'entraide économique HER MAJESTY, with the advice and consent of the National Assembly of Québec, enacts as follows: CHAPTER I APPLICABILITY AND GENERAL PROVISIONS .1.In this Act, unless otherwise indicated by the context, \"caisse d'entraide économique\" means a caisse d'entraide économique listed in Schedule I or a caisse d'entraide économique designated by the Minister.2.Every caisse d'entraide économique shall hold a vote on the following options: (1) the conversion plan contemplated in Chapter II; (2) the integration plan contemplated in Chapter III, if such is the case; (3) any other plan contemplated in Chapter IV, if such is the case; (4) winding-up in accordance with the rules provided in Chapter V.3.Any other option is null and void.4.No caisse d'entraide économique may issue or repay any share before 1 June 1982.This section has effect from 23 February 1982.5.In case of a vacancy on the board of directors of a caisse d'entraide économique or the incapacity or resignation of a director after GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 30 March 1982, the Minister may, if the directors remaining in office are not a quorum, appoint for the period he determines such directors as necessary to form a quorum, after consulting, where such is the case, the directors then in office.This section has effect from 30 March 1982.6.No caisse d'entraide économique may, until 1 June 1982, hold any meeting dealing with a conversion plan, an integration plan, a change of affiliation, an amalgamation or a winding-up, unless the meeting is held for the sole purpose of informing the members of the union.Furthermore, no union may, until that date, alienate all or part of its assets except in the ordinary course of its business, unless authorized thereto by the Minister, even retroactively.This section has effect from 23 February 1982.7.No request contemplated in section 44 of the Savings and Credit Unions Act (R.S.Q., chapter C-4) to convene a special meeting of the members of a caisse d'entraide économique intended to dismiss a director, or a member of the board of supervision or the committee on credit, may be deposited at the head office of the caisse d'entraide économique between 15 April 1982 and 29 May 1982.Before 15 April 1982, the secretary or his substitute shall, on receiving such a request, convene a special meeting.He must give five days' notice of the meeting.This section has effect from 30 March 1982.CHAPTER II PLAN FOR CONVERSION INTO A SOCIÉTÉ D'ENTRAIDE ÉCONOMIQUE DIVISION I general provisions 8.A plan for the conversion of a caisse d'entraide économique into a société d'entraide économique that has been approved pursuant to the third paragraph of section 6 of the Act respecting the sociétés d'entraide économique and amending various legislation (1981, chapter 31), and that has been amended in accordance with this Act, must be submitted to the union for a vote. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 1401 For the purposes of this Act, the conversion plan of each caisse d'entraide économique is deemed to be submitted by the Fédération des sociétés d'entraide économique du Québec.9.The executive officers and the employees of each caisse d'entraide économique must give assistance to the Fédération des sociétés d'entraide économique du Québec and put at its disposal all the books'and documents in their custody.10.The Fédération des sociétés d'entraide ; économique du Québec must amend in each conversion plan the information prescribed in paragraphs 3 to 6 and 8 of section 3 of the Act respecting the sociétés d'entraide économique and amending various legislation by substituting the following information: (1) the amount of the paid-up capital stock on 23 April 1982, indicating the portion of that amount that was subscribed before 23 August 1981; (2) the surname, given name and address of each shareholder on 23 April 1982; (3) the number of shares held by each shareholder on 23 April 1982, specifying those subscribed before 23 August 1981, and the amount of money such shares represent; (4) the number of shares, for each shareholder, that will be converted into shares of the share capital of the société d'entraide économique resulting from the continuance contemplated by this chapter, and the amount of money such shares repress., (5) the number of shares, for each shareholder, thai: will be converted into deposits, and the amount of money such deposits represent.11.Not later than 1 May 1982, the Fédération des sociétés d'entraide économique du Québec must send a cbpy of the information prescribed in section 10 to the Minister and to the caisse d'entraide économique concerned.12.In no case may amendments that must be made pursuant to section 10 to the conversion plan of a caisse d'entraide économique have the effect of amending the first paragraph of section 6 of the text of the conversion plan.13.In the text of every conversion plan of a caisse d'entraide économique, the time allowed for the issue of the instruments evidencing deposits resulting from the conversion of shares terminates on 30 June 1982.However, the date provided in the first paragraph is replaced by 1 August 1982 where the conversion plan of a caisse d'entraide 1402 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Pan économique provides that no deposit resulting from the conversion of shares becomes due in the three-month period commencing on 1 June 1982 and terminating on 31 August 1982.¦ 14.If significant facts unknown to the Minister existed when the conversion plan of a caisse d'entraide économique was approved, the Fédération des sociétés d'entraide économique du Québec may request the Minister to amend the plan of a caisse d'entraide économique.Requests for amendment must be sent to the Minister not later than 19 April 1982.15.If the Minister considers that the facts on which the requested amendments are founded are significant, he may approve the amendments with or without amendments.If the Minister approves the amendments, he shall send copy of them to the Fédération des sociétés d'entraide économique du Québec and to the caisse d'entraide économique concerned not later than 1 May 1982.16.The Fédération des sociétés d'entraide économique du Québec must prepare an information document containing (1) a summary of the conversion plan; (2) a summary of the amendments provided for in sections 10 and 13 and, if such is the case, 15; also, sections 37 and 122 to 132 of this Act, and sections 53.1 to 53.3.200.1 and 200.2 of the Act respecting the sociétés d'entraide économique and amending various legislation; (3) all other information determined by the Minister.The Federation must forward the information document to the Minister not later than 19 April 1982.17.The summary of the conversion plan must contain (1) the data enabling the members to establish how many of their shares will be converted into shares and how many into deposits; (2) the description of the characteristics of such shares and deposits; (3) as the case may be, the proportion of the operating surplus that may, for the current fiscal period, be allocated to the payment of interest on the sums paid on shares or to the payment of rebates to depositors or borrowers.18.The Minister shall approve the information document with or without amendments. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982, Vol.114, No.21 1403 19.After approving the information document, the Minister shall forward a copy thereof to the Fédération des sociétés d'entraide économique du Québec and to the union concerned before 1 May 1982.20.The Fédération des sociétés d'entraide économique du Québec must, through the intermediary of a person designated by the Minister, forward a copy of the information document to the members of the caisse d'entraide économique concerned not later than 6 May 1982.21.Every member or creditor of a caisse d'entraide économique may obtain in respect of the conversion plan and the amendments to it the information prescribed in paragraph 1 of section 10 of this Act and in paragraphs 7,9 and 10 of section 3 of the Act respecting- the sociétés d'entraide économique and amending various legislation.Every member may also obtain all the information contained in the plan, and the amendments to it, to the extent that such information concerns him., 22.The caisse d'entraide économique must give a copy of the ' information document to every creditor who requests it.It shall allow its members and creditors to examine the information circular and the audited financial statements of the caisse d'entraide économique to 30 September 1981, copy of which was received by the members in view of the special meeting held on 14 February 1982.23.No conversion plan other than a conversion plan contemplated in section 8 that has been amended in conformity with this Act may be submitted for a vote.DIVISION II adoption of the conversion plan 24.To adopt the plan for conversion into a société d'entraide économique, and the amendments to it, the draft conversion by-law submitted at the special meeting held on 14 February 1982 is deemed to be resubmitted for adoption when the vote is held.The draft by-law must, however, be read without reference to the special meeting of the members of the caisse d'entraide économique called for 14 February 1982. 1404 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982.Vol.114.No.21 Part 2 25.If the by-law is adopted, all the members and shareholders of the caisse d'entraide économique are deemed to have adopted the by-law, the conversion plan and the amendments to the plan.In no case may the union amend the conversion plan or the amendments to it in any manner, except in the case of a clerical error, if authorized by the Minister.26.In no case may the conversion by-law be amended; nor may it be repealed unless the Minister refuses to issue the letters patent.DIVISION III application for continuance 27.The application for the issue of letters patent for the société d'entraide économique indicates (1) the corporate name of the company, which is that of the union, but with the expression \"caisse d'entraide économique\" replaced by \"société d'entraide économique\"; (2) the location of the head office of the company, which is that of the union; (3) the surname, given name, occupation and address of each of the first directors of the company, who are the directors of the union; (4) the description and the amount of the authorized share capital of the company resulting from the continuance; (5) the modalities of conversion of the shares into shares of the company resulting from the continuance.28.The application must be accompanied with such documents, proof and information as may be determined by the Minister.29.The application for the continuance of the caisse d'entraide économique as a société d'entraide économique must be made by the directors of the union and forwarded to the Minister not later than 10 days after the vote is held.The application must be signed by one of the directors of the union.30.The Minister may, if he deems it expedient, issue under his seal the letters patent of the société d'entraide économique. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982, Vol.114, No.21 1405 31.The Minister must give notice of the issue of the letters patent in the Gazette officielle du Québec.On the date of publication of the notice or on any earlier or later date* determined by the Minister and indicated in the notice, the caisse d'entraide économique becomes a société d'entraide économique governed by Title II of the Act respecting the sociétés d'entraide économique and amending various legislation.32.On the date of publication of the notice or on the date indicated in the notice, (1) the letters patent attest the continuance of the caisse d'entraide économique as a société d'entraide économique and its continuance as a company governed by Title II of the Act respecting the sociétés d'entraide économique and amending various legislation; (2) the letters patent of the company are deemed to be the deed of incorporation of the company, which is continued as a company governed by Title II of the said Act.33.Subject to this Act and the Act respecting the sociétés d'entraide économique and amending various legislation and their application, the rights, obligations and deeds of the caisse d'entraide économique continued as a société d'entraide économique governed by Title II of the said Act and those of the members are not affected by the continuance.Moreover, the union that has been continued as a company is bound by the conversion plan adopted by its members.34.The unions continued pursuant to this chapter become auxiliary members of the Fédération des caisses d'entraide économique du Québec.DIVISION IV special provisions 35.The amount of money represented by any fraction of a share that may exist as a result of the conversion of the shares of a caisse d'entraide économique into shares of the share capital of a société d'entraide économique is added to the amount of deposits resulting from the conversion of the shares.36.In case of winding-up, deposits resulting from the conversion of shares rank after all the other debts of the société d'entraide économique resulting from the continuance, but before the shares. 1406 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 37.Any person may, before 1 June 1982, acquire shares at par value from a member of a caisse d'entraide économique that has adopted the conversion plan, and thereby become a member of the union.The transfers of shares must be registered with the union.The register of transfers must indicate every case of a share that, after its conversion into a share of a société d'entraide économique, will be deductible under sections 122 to 132.CHAPTER III INTEGRATION PLAN OF A CAISSE D'ENTRAIDE ÉCONOMIQUE DIVISION I general provisions 38.Every caisse d'entraide économique must apply for its integration into the federation of unions designated for it in Schedule II or into the federation of unions designated by the Minister where he has designated a union under section 1.If the union fails to apply on or before 8 April 1982, it is deemed to have made the application.This section has effect from 30 March 1982.39.The executive officers and the employees of every caisse d'entraide économique must allow the federation of unions to examine the books and documents in their custody, except those designated by the Minister.DIVISION II integration plan 40.The integration plan of a caisse d'entraide économique that may be submitted by a federation of unions and La Confédération des caisses populaires et d'économie Desjardins du Québec must contain (1) the corporate name of the caisse d'entraide économique and of the federation of unions to which the union will be affiliated; (2) the corporate name of the union resulting from the integration; Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982, Vol.114, No.21 1407 (3) the location of the head office of the union resulting from the integration; (4) the indication that, for each shareholder, one of his shares will be converted into a share of the union resulting from the integration, and the balance of his shares, into deposits; (5) the amount and the nature of the various allowances and reserves that will be established in addition to those shown in the audited financial statements of the union to 30 September 1981, and the methods used to determine them; (6) the source of the funds that will be used to establish the allowances and reserves contemplated in paragraph 5, and the methods used to determine them; (7) the rebate that could be paid to members holding deposits resulting from the conversion of the shares, the conditions of the rebate and the method of computing it; (8) the maturity date of the deposits resulting from the conversion of the shares, the rates of interest on these deposits and their other characteristics; (9) the proportion of the operating surplus which may be allocated, for the current fiscal period, to the payment of the interest on the sums paid on the shares or to the payment of rebates to depositors or borrowers; (10) an indication that the balance of the surplus account will be paid into the general reserve of the union; (11) the conditions on which loans may be granted to members holding deposits resulting from the conversion of the shares; (12) the territory in which the union may recruit its members; (13) the surname, given name, occupation and address of each of the first directors, members of the board of supervision and members of the committee on credit, and the mode of election of subsequent directors, members of the board of supervision and members of the committee on credit; \u2022 (14) the commitments of the federation, of the Confédération and of the Corporation de fonds de sécurité with regard to the union resulting from the integration and to its members; (15) the management contract between the union resulting from the integration and the federation of unions or the Confédération, as the case may be; (16) the provisions of the internal management by-laws of the union resulting from the integration; 1408 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 (17) any other provision that may be determined by the Minister.41.In addition to the information to be contained in the integration plan, the Minister may require any other information or document he may determine concerning each caisse d'entraide économique.42.The integration plan must be accompanied with the latest audited financial statements of the federation of unions and of La Confédération des Caisses populaires et d'économie Desjardins du Québec.43.The integration plan must also be accompanied with an information document.The information document must contain (1) a summary of the integration plan; (2) a summary of the consequences of the integration plan with regard to the union resulting from the integration, and to the members of the union; (3) all other information determined by the Minister.44.The Minister shall approve the information document with or without amendments.¦ 45.The integration plan, the financial statements contemplated in section 42 and the information document must be forwarded to the Minister not later than 26 April 1982.46.Where the Minister considers that the integration plan contains the information provided for in section 40, and where the plan is accompanied with the financial statements contemplated in section 42 and with the information document, he may authorize the presentation of the integration plan for the purposes of the vote.Where the Minister authorizes the presentation of the plan, he shall, not later than 1 May 1982, forward a copy of the integration plan, of the financial statements contemplated in section 42 and of the information document to the federation of unions, La Confédération des caisses populaires et d'économie Desjardins du Québec and the union concerned.47.No integration plan may be submitted to a caisse d'entraide économique for a vote unless its presentation has been authorized by the Minister.Once authorized, the plan must be submitted for a vote. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982, Vol.114, No.21 1409 48.Not later than 6 May 1982, La Confédération des caisses populaires et d'économie Desjardins du Québec must, through the intermediary of a person designated by the Minister, forward a copy of the information document to the members of the caisse d'entraide économique concerned.49.Every member or creditor of the caisse d'entraide économique may examine the documents mentioned in the second paragraph of section 46 at the union.50.The caisse d'entraide économique must give a copy of the information document to every creditor of the caisse d'entraide économique who requests it.DIVISION III .¦ special provisions \u2022\u2022 51.If the integration plan is adopted, all the members and shareholders of the caisse d'entraide économique are deemed to have adopted the integration plan from the date of the vote.The union, the federation of unions, the Confédération and the Corporation de fonds de sécurité are then bound by the integration plan adopted by the members of the union.52.If the integration plan is adopted, the caisse d'entraide économique ceases to be a member of the Fédération des caisses d'entraide économique du Québec, and then becomes a member of the federation of unions with which its name is associated in Schedule II or which has been designated by the Minister under section 38, as the case may be.Furthermore, the plan takes effect in that respect and in every other respect, without any other formality, from 1 June 1982, and notwithstanding any inconsistent provision of the Savings and Credit Unions Act or of the Act respecting the caisses d'entraide économique (R.S.Q., chapter C-3).53.The Minister shall give notice in the Gazette officielle du Québec of the adoption of the integration plan by a caisse d'entraide économique.54.The union resulting from the integration becomes an auxiliary member of the Fédération des caisses d'entraide économique du Québec. 1410 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 55.Such assets of the caisse d'entraide économique as the Minister may determine must be distinct from the other assets of the union resulting from the integration, until the date determined by the Minister.Such assets must be designated in the books, registers and accounts of the union resulting from the integration in such a manner as to be separate from the assets of the caisse d'entraide économique before its integration.56.For the purposes of section 55, the Minister may determine rules concerning (1) the accounting methods of the union resulting from the integration; (2) the form and tenor of its books, accounts and registers; (3) the statements and reports it must file; (4) the intervals at which the statements and reports must be filed.57.Certificates evidencing the deposits resulting from the conversion of the shares must be issued before 1 August 1982.CHAPTER IV OTHER PLANS 58.No other plan regarding a caisse d'entraide économique may be submitted for a vote unless it was sent to the Minister before 13 April 1982.Furthermore, the plan must be approved by the Minister in order to be submitted for a vote.The Minister, on the conditions he determines, may approve the plan with or without amendments, if he considers, in particular, that it is in the interests of its members that the plan be presented to the union for a vote.CHAPTER V WINDING-UP 59.For the purposes of a vote, the winding-up of the caisse d'entraide économique must be one of the options submitted to the members.60.Not later than 6 May 1982, the Minister must forward a document to the members of every caisse d'entraide économique informing them of the main aspects of the winding-up of a union. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 1411 61.If winding-up is decided, the caisse d'entraide économique exists and operates thenceforth only with a view to winding up its affairs.The union retains its corporate status and powers until its affairs are wound up.62.The Minister shall appoint one or three liquidators empowered to take immediate possession of the property of the caisse d'entraide économique.63.The provisions of Divisions II and in of the Winding-up Act (R.S.Q., chapter L-4) that are not inconsistent with this chapter apply to the winding-up so decided upon.64.For the purposes of the Winding-up Act, the liquidator appointed by the Minister is deemed to have been appointed by the members of the caisse d'entraide économique, except in the cases provided for in sections 6, 7 and 18 of that Act, the Minister acting, in such cases, in the place and stead of the members.65.From the decision to wind up, every action and every proceeding by way of seizure by garnishment, seizure before judgment or seizure in execution, or otherwise, against the property of the caisse d'entraide économique, must be suspended.The costs incurred by a creditor after he has had knowledge of the winding-up, particularly by his attorney, cannot be collocated against the proceeds of the property of the union which are distributed in consequence of the winding-up.A judge of the Superior Court in the district in which the head office of the union is located may, however, on such conditions as he may deem proper, authorize the institution of a suit or the continuance of any proceedings commenced.66.The liquidator, before taking possession of the property of the caisse d'entraide économique, must give a security sufficient to guarantee the discharge of his office.The amount and nature of the security are determined by the Minister.67.The liquidator shall first pay the debts of the caisse d'entraide économique and the \"costs of winding-up, and repay to the members and shareholders the sums paid on their shares.The balance of the winding-up, including the balance of the general reserve and of the surplus account, is distributed to the members in proportion to the sums paid on their shares. 1412 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 68.The liquidator must, within seven days after the expiry of any period of three months, send to the Minister a summary report of his activities for such period.When the winding-up of the caisse d'entraide économique is terminated, the liquidator must make a complete report of his activities to the Minister and return to the Fédération des caisses d'entraide économique du Québec the documents he had taken possession of for the purposes of the winding-up.CHAPTER VI i PUBLICITY AND NOTICES 69.Subject to this Act, no printed matter in the nature of an advertisement, prospectus, poster, sign, brochure, booklet or circular, nor any radio or television advertisement or program concerning an option contemplated in section 2 may be published, issued or broadcast, as the case may be, between 30 March 1982 and 1 June 1982.This section has effect from 30 March 1982.70.Section 69 does not prohibit (1) the publication in a newspaper or other periodical of editorials, news, columns or letters to the editor, provided that such publication is made without payment or reward or promise of payment or reward, that the newspaper or other periodical was not established for the purposes of the vote provided for by this Act or with a view to the vote and that its circulation and frequency of publication are established outside the period contemplated in section 69; (2) the broadcasting by a radio or television station of news or news commentary, provided that the program is prepared and presented in the same manner and according to the same rules as outside the period contemplated in section 69, without payment or reward or promise of payment or reward; (3) the publication or broadcasting of the calling of an information meeting dealing with an option contemplated in section 2.This section has effect from 30 March 1982.71.The board of directors of a caisse d'entraide économique may, not later than 13 May 1982, send to the members of the union a document in which it sets forth its recommendations concerning the vote. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982.Vol.114, No.21 1413 CHAPTER VII VOTING RULES DIVISION I general provisions 72.The date of the vote contemplated in section 2 is 22 May 1982.' The options submitted for the vote must appear on the ballot-paper in the same order as in section 2.The designation of the options on the ballot-paper is determined by the Minister after consultation with the parties concerned, if necessary.73.Every person or company being a member or auxiliary member of the caisse d'entraide économique on 23 April 1982 is entitled to vote.Minors under sixteen years of age on 23 April 1982 are not, however, entitled to vote.74.In order to exercise his right to vote on voting day, a member or auxiliary member must be entered on the list of members of the caisse d'entraide économique on 23 April 1982.DIVISION II preparation and revision of the list of members 75.For the purposes of sections 73 and 74, the secretary of the caisse d'entraide économique or his substitute or, failing them, the person appointed by the board of directors of the union, shall, in such manner and according to such rules as provided by the Minister, draw up a provisional list of the members.The list must include the surname, given name, date of birth and address of each of the members and auxiliary members of the union.76.The secretary or his substitute or, failing them, the person appointed by the board of directors, must, from 15 April 1982, post up the provisional list of members at the head office of the caisse d'entraide économique or, as the case may be, in such other place as the Minister may determine, in a conspicuous place so that it may be examined. 1414 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.Ill No.21 Part 2 Each member and auxiliary member of the union may, during the revision period and in accordance with the rules determined by the Minister, request to be entered on the list or have the list corrected with respect to the surname, given name, date of birth or address of any member or auxiliary member.From 24 April 1982, the secretary or his substitute or, failing them, the person appointed by the board of directors, shall, taking into account the corrections he has been requested to make and in accordance with the rules prescribed by the Minister, draw up the list of members on 23 April 1982 for voting purposes, and send a copy of the list not later than 28 April 1982 to the Fédération des caisses d'entraide économique du Québec.Furthermore, the secretary or his substitute or, failing them, the person appointed by the board of directors, shall send a true and sworn copy thereof to the director general of elections not later than 1 May 1982.77.The secretary or his substitute or, failing them, the person appointed by the board of directors, shall, not later than 14 April 1982, cause a notice to be published in a newspaper circulated in the territory of the caisse d'entraide économique, in the form and tenor determined by the Minister, informing the members of the union of (1) the date from which and the place where the list of members will be posted up; (2) the dates, hours and place where revision of the list of members will take place; (3) the qualifications and conditions required to be entitled to vote; (4) the date of the vote; (5) any information that may be determined by the Minister.DIVISION III voting 78.The director general of elections shall have charge of the holding of the vote in each caisse d'entraide économique.The director general of elections shall appoint such number of returning officers as he considers necessary to act as persons in charge of the holding of the vote.The list of members contemplated in the third paragraph of section 76 is the only official list for the purposes of the vote.However, Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982, Vol.114, No.21 1415 the director general of elections may, to facilitate the voting, divide the members in the manner he considers appropriate.79.Not later than 15 May 1982, the director general of elections shall send to those members of the caisse d'entraide économique entitled to vote a notice indicating the place or places, date and time of the vote, the object of the vote, and the options listed on the ballot-paper.80.The Fédération des sociétés d'entraide économique du Québec, the federation of unions concerned or, as the case may be, any other party whose plan has been approved by the Minister, may designate a person and give him a mandate to represent it in each polling station.That person is not entitled to any remuneration except what he may receive from the party that designated him.81.The director general of elections and his personnel have in respect of the holding of the vote powers similar to those conferred on them by the Election Act (R.S.Q., chapter E-3.1) in respect of elections.The same rule applies to election officers, within the meaning of the rules established for the vote, acting for the purposes of the vote.The director general of elections shall establish the rules necessary for the holding of the vote.Furthermore, the provisions of the Election Act and of the regulations thereunder that are enumerated in the rules apply to the holding of the vote, with the necessary amendments indicated therein.82.If two of the options contemplated in section 2 are Submitted for a vote, the option that receives a majority of the votes is adopted.In case of a tie-vote, a second vote must be held on those two options on 29 May 1982.« 83.If more than two of the options contemplated in section 2 are submitted for a vote, the option that receives more than fifty percent of the votes is adopted.If none of the options submitted receives more than fifty per cent of the votes, the two options having received the most votes are retained and a second vote must be held on those two options on 29 May 1982.¦ In the case provided for in the second paragraph, if there is a tie-vote preventing the determination of the two options having received the most votes, a.second vote must be held on all the options submitted for a vote on 22 May 1982. 1416 GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982.Vol.114.No.21 Part 2 The option that receives a majority of votes at those votes is adopted.84.If there is a tie in one of the caisses d'entraide économique in a vote held on 29 May 1982, the option that has been adopted by the majority of unions at the votes on 22 May and 29 May 1982 is considered to have been adopted by the members of the union.85.In the cases provided for in the second paragraph of section 82 and in the second and third paragraphs of section 83, the director general of elections must call a new vote.For that purpose, not later than 26 May 1982, he shall cause a notice to be published in a newspaper, circulated in the territory of the union indicating the place or places, date and time of the vote, the object of the vote and the options to be listed on the ballot-paper.DIVISION IV special rules 86.The provisions of this chapter also apply to the vote on 29 May 1982, unless the director general of elections decides otherwise.87.No vote may be declared null (1) by reason of non-compliance with a prescribed formality for the calling or holding of a vote or the addition of votes unless the result of the vote was influenced thereby; (2) by reason of the incapacity of one of the polling officers, if the voting procedures were conducted in accordance with the principles established by this chapter and the rules thereunder and if his incapacity did not influence the result of the vote; (3) by reason of non-compliance with the prescribed time limits, unless the result of the vote was influenced thereby.CHAPTER VIII PROVISIONAL ADMINISTRATION AND WINDING-UP ORDER DIVISION I provisional administration 88.The Minister may, if he considers that the interests of the members of a caisse d'entraide économique so warrant, appoint, for Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982, Vol.114, No.21 1417 such period and on such conditions as he may determine, an administrator to the union; the administrator replaces the board of directors, the committee on credit, the board of supervision and the general meeting of the union and exercises their powers.The administrator remains in office until the expiry of the period for which he has been appointed, unless the Minister prolongs his term of office or terminates it earlier.\u2022 The Minister shall determine after the adoption of an option by way of the vote whether or not the administrator is to remain in office.- This section has effect from 30 March 1982.89.Before appointing an administrator, the Minister shall, however, give the caisse d'entraide économique the opportunity to be heard.This section has effect frpm 30 March 1982.90.As soon as his term of office has expired, the administrator must send a complete report of his administration to the Minister.The costs, fees and expenditures of the provisional administration are payable by the caisse d'entraide économique, unless the Minister orders otherwise.91.Notwithstanding the appointment of an administrator, the vote on 22 May 1982 and that on 29 May 1982, as the case may be, must be held and, for that purpose, the Minister shall appoint a poll clerk or any other person required for the holding of the vote.DIVISION II winding-up order 92.The Minister may, after 1 June 1982 and on such conditions as he may determine, order the winding-up of a caisse d'entraide économique and appoint a liquidator.93.The decision ordering the winding-up has the same effect as an order made by a judge of the Superior Court under section 24 of the Winding-up Act.Section 65 applies, mutatis mutandis.94.The liquidator shall first pay the debts of the caisse d'entraide économique and the costs of winding-up, and repay to the members and shareholders the sums paid on their shares. 1418 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114, No.21 Part 2 \u2022 The balan :e of the winding-up, including the balance of the general reserve and of the surplus account, is distributed among the members in proportion to the sums paid on their shares.95.The liquidator must, within seven days after the expiry of any period of three months, send to the Minister a summary report of his activities for such period.When the winding-up of the caisse d'entraide économique is terminated, the liquidator must make a complete report of his activities to the Minister, and return to the Fédération des caisses d'entraide économique du Québec the documents he had taken possession of for the purposes of the winding-up.CHAPTER IX REGULATIONS 96.The Government may, by regulation, (1) designate any provision of the Act respecting the caisses d'entraide économique which continues to apply, mutatis mutandis , in respect of one or several unions resulting from an integration, and determine the period during which the provision continues to apply; (2) designate any provision of the Savings and Credit Unions Act that does not apply to one or several unions resulting from the integration and determine the period during which that provision does not apply; (3) adopt any transitional provisions or other measure necessary to permit the continuance of a caisse d'entraide économique as a société d'entraide économique or the integration of a caisse d'entraide économique into a union resulting from the integration; (4) adopt any other transitional provision or other measure necessary to allow the making up for any omission in order to ensure the application of this Act.97.Any regulation made by the Government pursuant to section 96 comes into force on the date of its publication in the Gazette officielle du Québec or on any later date fixed therein.Such a regulation may, however, once published and if it so provides, apply from any date not earlier than 30 March 1982. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982, Vol.114, No.21 1419 CHAPTER X OFFENCES AND PENALTIES 98.Every person who contravenes a provision of this Act, or the regulations and rules made under this Act, is guilty of an offence.99.A person who, knowingly, by an act or omission, attempts to aid a person to commit an offence or who advises, encourages or incites a person to commit an offence is himself a party to the offence and liable to the same penalty as that provided for the person who is guilty of the offence, whether or not such person has been prosecuted or convicted.100.Any person who is guilty of an offence is liable on summary proceedings, in addition to costs, to a fine of not less than $300 nor more than $10 000 for each offence.101.Proceedings are brought in accordance with the Summary Convictions Act (R.S.Q., chapter P-15) by the Attorney General or by a person whom he authorizes generally or specially for that purpose.Proceedings under this Act are prescribed by 2 years from the date of the offence.CHAPTER XI MISCELLANEOUS PROVISIONS 102.The Minister may at any time, particularly in respect of one or several caisses d'entraide économique, extend any period or change any date established under this Act.103.The Fédération des caisses d'entraide économique du Québec shall, not later than 1 May 1982, forward to a person designated by the Minister the list of the surname, given name and address of each shareholder on 23 April 1982.104.The obligation provided for in a government regulation made under order in council 420-82 of 24 February 1982 to forward a statement of corrections that may have been made to 14 February 1982 to the information contained in the conversion plan applies only in respect of caisses d'entraide économique continued as sociétés d'entraide économique on 1 March 1982.Furthermore, the period contemplated by section 3 of that regulation is extended to a date determined by the Minister. 1420 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982.Vol.114, No.21 Part 2 105.Any permit issued under the Deposit Insurance Act (R.S.Q., chapter A-26) to a caisse d'entraide économique that has been continued under Chapter II or Title I of the Act respecting the sociétés d'entraide économique and amending various legislation as a société d'entraide économique, remains valid until 31 August 1983.Such permit may, however, be suspended or revoked at any time by the Régie de l'assurance-dépôts du Québec.However, the Board shall allow the company to be heard within the 15 days following the suspension or cancellation of the permit.This section has effect from 1 March 1982.106.The Régie de l'assurance-dépôts du Québec may act as administrator of the Fédération des caisses d'entraide économique du Québec for the purposes of section 201 of the Act respecting the sociétés d'entraide économique and amending various legislation.The Board is deemed to have been appointed to that position from 24 February 1982, effective 1 March 1982.This section has effect from 24 February 1982.107.The Board may, by resolution, for the purposes of exercising the powers conferred on it under section 106, establish a committee among the members of the board of directors and delegate to it all or part of those powers.The Government shall fix the salary and, where necessary, the additional salary of the members of the committee.This section has effect from 24 February 1982, arid an order made by the Government by virtue of the second paragraph may have effect from the same date.108.The committee contemplated in section 107 may delegate, with the authorization of the board of directors of the Board and on the conditions that it determines, to any person it designates, all or part of the powers conferred on it by the Board under section 107.This section has effect from 24 February 1982.109.A caisse d'entraide économique is deemed to have always had the power to borrow from the Régie de l'assurance-dépôts du Québec for the purposes of section 16 of the Act respecting the caisses d'entraide économique.The authorization provided for in the second paragraph of section 16 of the said Act is not required in respect of any loan made from the Board.This paragraph has effect from 24 February 1982. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 142 110.Section 16 of the Act respecting the sociétés d'entraide économique and amending various legislation (1981, chapter 31) is amended by striking out the words \"time and\" in the third line of the third paragraph.111.Section 43 of the said Act is replaced by the following section: \"43.This title applies to every caisse d'entraide économique that has, pursuant to Title I, or Chapter II of the Act respecting certain caisses d'entraide économique (1982, chapter insert here the chapter number of Bill 60), been continued as a société d'entraide économique, and to every company resulting from the amalgamation of two or more sociétés d'entraide économique.\" ' 112.Section 44 of the said Act is amended by adding the following paragraph: \"The powers provided for by subsection 1 of section 77 of the Companies Act may be exercised by the directors by mere resolution.\" This section has effect from 13 January 1982.113.The said Act is amended by inserting after section 53, the following sections: \"53.1 The company shall, between 30 June 1982 and 28 February 1987, acquire upon request any shares (1) which, from the continuance, form part of funds invested in a registered retirement savings plan or a registered retirement income fund, if the beneficiary has reached 65 years of age; (2) which, from the continuance, form part of funds invested in a registered home ownership savings plan, if the beneficiary has acquired a principal residence.(3) which are derived from the conversion of shares of a caisse d'entraide économique that were invested between 1 June 1981 and 31 December 1981 in a registered home ownership savings plan, if the beneficiary of the plan has acquired a principal residence before 31 December 1983.The company shall also acquire upon request between 30 June 1982 and 28 February 1987 any shares acquired upon the continuance by a person who is physically or mentally disabled within the meaning of the regulations.\"53.2 The cost of acquisition of the shares for the purposes of section 53.1 is their par value or the value fixed under section 52 if greater than the par value. 1422 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 \"53.3 In no case, however, may the company pay for shares it has acquired under section 53.1 unless, after that payment, it can discharge its liabilities when due.\" 114.Section 54 of the said Act is amended by replacing the word and figure \"section 53\" in the second line of the first paragraph by the following: \"sections 53 and 53.3\".115.Section 129 of the said Act is amended by adding the following paragraph: \"The Minister may at any time extend the time limit.\" 116.Section 161 of the said Act is amended by striking out the words \"and the board of directors of the company\" in the second and third lines of the first paragraph.117.Section 190 of the said Act is amended by inserting after paragraph 21, the following paragraph: \"(21.1) define, for the purposes of sections 53.1 and 200.1, the term \"person who is physically or mentally disabled\" and determine the conditions to be filled by a person contemplated in those sections in order for the company to acquire his shares or refund his deposits, as the case may be;\".118.Section 196 of the said Act is repealed.119.Section 198 of the said Act is repealed.120.The said Act is amended by inserting after section 200, the following sections: \"200.1 A société d'entraide économique governed by Title II shall, between 30 June 1982 and 28 February 1987, repay on demand, at the lesser of the par value and the discounted value established according to the method determined by the Minister, all deposits resulting from the conversion of shares (1) which, from the continuance, form part of funds invested in a registered retirement savings plan or a registered retirement income fund, if the beneficiary has reached 65 years of age; (2) which, from the continuance, form part of funds invested in a registered home ownership savings plan, if the beneficiary has acquired a principal residence; (3) which, between 1 June 1981 and 31 December 1981, were shares of a caisse d'entraide économique invested in a registered home ownership savings plan, if the beneficiary has acquired a principal residence before 31 December 1983.The company shall also, between 30 June 1982 and 28 February 1987, repay on demand any deposit resulting from the conversion of Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982, Vol.114, No.21 -1423 shares to a person who is physically or mentally disabled within the meaning of the regulations.\"200.2 The deposit contemplated in section 200.1 is a deposit within the meaning of paragraph e of section 2 of the General Regulations made under the Deposit Insurance Act, on the condition that the instrument contemplated in paragraph e of section 2 of those regulations mentions in addition the rights and conditions provided for in the said section 200.1.\" i 121.Section 210 of the said Act is replaced by the following section: \"210.An individual, other than a trust, who is resident in Québec on the last day of the taxation year 1982 may deduct, for that taxation year, in the computation of his taxable income for the purposes of Part I of the Taxation Act, the aggregate of (1) the cost, to him, of the shares of the share capital of a société d'entraide économique that he has received upon the continuance of a union as a société d'entraide économique governed by Title II; and (2) the par value of a share of a société d'entraide économique that he acquires during the taxation year 1982 and that is derived from a registered retirement savings plan of which he is the beneficiary or the subscriber, a registered home ownership savings plan, a .deferred profit-sharing plan or a retirement plan of which he is the beneficiary, if that share has been received by such a plan upon the continuance.However, the amount of such deduction must not exceed, with the deduction provided for in section 965.7 of the Taxation Act, the excess amount contemplated in the second paragraph of the said section 965.7.\" This section has effect from 13 January 1982.122.The Taxation'Act (R.S.Q., chapter 1-3) is amended by inserting after section 726.1, the following section: \"726.2 An individual may deduct from his income for the taxation year 1982 the amount contemplated in section 210 of the Act respecting the sociétés d'entraide économique and amending various legislation (1981, chapter 31) and section 131 of the Act respecting certain caisses d'entraide économique (1982, chapter insert here the chapter number of Bill 60).\" 123.No registered retirement plan, registered retirement savings plan, registered home ownership savings plan, deferred 1424 GAZETTE OFFICIELLE DU QUÉBEC.Mux 5.1982.Vol.114.No.21 Part 2 profit-sharing plan or registered retirement income fund the assets of which have been, before 28 February 1982, invested in shares of a caisse d'entraide économique continued under Chapter II ceases to be registered for the purposes of the Taxation Act (R.S.Q., chapter 1-3), by the mere fact of the conversion, in conformity with Chapter II, of such shares into shares of a société d'entraide économique or into deposits in that company in conformity with Chapter II.This section applies to the taxation year 1982 and subsequent taxation years.124.Section 207 of the Act respecting the sociétés d'entraide économique and amending various legislation applies in respect of beneficiaries contemplated in the said section 207 by a conversion plan contemplated in Chapter II and by an integration plan contemplated in Chapter III.This section applies to the taxation year 1982 and subsequent taxation years.125.A taxpayer who receives shares of the share capital of a société d'entraide économique resulting from a continuance under Chapter II may deduct from his tax otherwise payable under Part I of the Taxation Act for the taxation year 1981 or 1982, an amount not exceeding 25% of the par value of those shares insofar as the shares are the result of the conversion of the share capital subscribed before 23 August 1981 and paid before 30 November 1981.This section applies to the taxation year 1981 and subsequent taxation years.126.For the purposes of the deduction contemplated in section 125, the beneficiary or subscriber of a registered retirement plan, registered retirement savings plan, registered home ownership savings plan or a deferred profit-sharing plan may also deduct the amount deductible under section 125.127.A taxpayer who has acquired at par value, before 1 September 1982, shares of a société d'entraide économique governed by Title II of the Act respecting the sociétés d'entraide économique and amending various legislation from a person who acquired them upon the continuance of such a company under the said Act or under Chapter II, may deduct from his tax otherwise payable under Part I of the Taxation Act, for the taxation year 1982, an amount not exceeding 25% of the par value of those shares insofar as the shares are the result of the conversion of the share capital of a caisse d'entraide économique subscribed before 23 August 1981 and paid before 30 November 1981.This section applies to the taxation year 1982 and subsequent taxation years. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982, Vol: 114, No.21 1425 128.Section 127 applies only if the transferor and transferee jointly make an election to that effect in the form prescribed by the Minister of Revenue.That form must be transmitted to the Minister of Revenue by the transferee and the transferor not later than 30 April 1983.Furthermore, the form of the transferee must be accompanied with a certificate of transfer of shares in the form prescribed by the Minister of Revenue.The certificate of transfer must be established by the société d'entraide économique in respect of any share contemplated in the said section that the transferor transfers to the transferee before 1 September 1982.This section applies to the taxation year 1982 and subsequent taxation years.129.In no case where an election contemplated in section 128 has been made in respect of a share may the transferor avail himself in respect thereof of the deduction contemplated in section 125,126 or 130 or in section 208 or 209 of the Act respecting the sociétés d'entraide économique and amending various legislation.Furthermore, if the transferor has already availed himself of all or part of the deduction contemplated by those sections in respect of such share, he shall, not later than 30 April 1983, repay to the Minister of Revenue the amount deducted under those sections for the taxation year 1981 or 1982, as the case may be.This section applies to the taxation year 1982 and subsequent taxation years.130.If the amount the taxpayer contemplated in section 125 or 127 or the beneficiary contemplated in section 126 may deduct, exceeds the amount of his tax otherwise payable under Part I of the Taxation Act, for the taxation year 1981 or 1982 if he has availed himself of the deduction in the latter year, that taxpayer or beneficiary may deduct from his tax otherwise payable under that Part, for subsequent taxation years, an amount not exceeding the amount he was entitled to deduct for the taxation year 1981 or 1982, as the case may be, less the aggregate of the amounts he has already deducted for previous taxation years.This section applies to the taxation year 1982 and subsequent taxation years.131.An individual, other than a trust, who is resident in Québec on the last day of the taxation year 1982 may deduct, for that taxation year, in the computation of his taxable income for the purposes of Part I of the Taxation Act, the aggregate of GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114, No.21 (1) the cost, to him, of the shares of the share capital of a société d'entraide économique that he has received upon the continuance of a union under Chapter II as a société d'entraide économique governed by Title II of the Act respecting the sociétés d'entraide économique and amending various legislation; and (2) the par value of a share of a société d'entraide économique continued under Chapter II that he acquires during the taxation year 1982 and that is derived from a registered retirement savings plan of which he is the beneficiary or the subscriber, a registered home ownership savings plan, or a retirement plan of which he is the beneficiary, if that share has been received by such a plan upon the continuance.However, the amount of such deduction must pot exceed, with the deduction provided for in section 965.7 of the Taxation Act and in section 210 of the Act respecting the sociétés d'entraide économique and amending various legislation, the excess amount contemplated in the second paragraph of the said section 965.7.132.Every share of the share capital of a société d'entraide économique contemplated in section 131 or in section 210 of the Act respecting the sociétés d'entraide économique and amending various legislation that an individual referred to in the said sections has acquired before 1 September 1982 from a taxpayer who had acquired it upon the continuance under Chapter II or under Title I of the Act respecting the sociétés d'entraide économique and amending various legislation is, for the taxation year 1982, a share whose cost may be included in the aggregate contemplated in the first paragraph of one or the other of those sections, as the case may be, if the transferor has not availed himself of the deduction provided for in one or the other of those sections in respect of such share; the transferor is then no longer entitled to any deduction in respect of such share.For the purposes of such deduction, section 128 applies, mutatis mutandis.This section applies to the taxation year 1982 and subsequent taxation years.133.The Fédération des sociétés d'entraide économique du Québec shall, not later than 6 May 1982, forward an information document respecting sections 53.1 to 53.3, 200.1 and 200.2 of the Act respecting the sociétés d'entraide économique and amending various legislation and sections 121 and 127 to 132 of this Act to persons (1) who hold deposits resulting from the conversion of shares of a caisse d'entraide économique governed by Title II of the Act respecting the sociétés d'entraide économique and amending various legislation; Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982, Vol.114, No.21 1427 (2) who are or have been shareholders of a société d'entraide économique resulting from a continuance under Title I of the said Act.134.The members of the board of supervision of a caisse d'entraide économique that has been continued as a société d'entraide économique under Chapter II are members of the board of supervision of the company until they are replaced.135.The balance of the surplus account and that of the general reserve of a caisse d'entraide économique continued under Chapter II form part, from the date on which it is continued as a company governed by Title II of the Act respecting the sociétés d'entraide économique and amending various legislation, of the account of undistributed earnings of the company.The operating surplus of a union continued as a company is allocated, in the proportion contemplated in the conversion plan, to payment of the interest on the amounts paid on the shares held immediately before the continuance or to payment of rebates to depositors or borrowers as if the company were still a union.Any balance of the operating surplus also forms part of the account of undistributed earnings of the company.136.A société d'entraide économique resulting from a continuance under Chapter II may, for the repayment of any claim it has, at the time of continuance, against a shareholder or depositor who was a member before the continuance, withhold any moneys it owes to him and use them to compensate the claim.137.The first fiscal period of any société d'entraide économique continued under Chapter II or the Act respecting the sociétés d'entraide économique and amending various legislation begins on the date of the continuance and ends on 28 February 1983.138.A supplemental pension plan governed by the Act respecting supplemental pension plans (R.S.Q., chapter R-17) may, notwithstanding any provision or norm contained in the said Act or that arises from it, hold shares and other evidences of indebtedness that have devolved to il following the conversion of shares of a caisse d'entraide économique continued as a société d'entraide économique governed by Title II of the Act respecting the sociétés d'entraide économique and amending various legislation.139.The corporate status of the Fédération des caisses d'entraide économique du Québec is not affected by the fact of the application of this Act. 1428 GAZETTE OFFICIELLE DU QUEBEC.May 5.1982.Vol.114.No.21 Part 2 140.No savings and credit union that was a caisse d'entraide économique, a société d'entraide économique or a caisse d'entraide économique, whether or not it is designated in Schedule I, may, before 31 December 1982, demand from the Fédération des caisses d'entraide économique du Québec, the payment of any claim that it has against that federation.This section has effect from 1 March 1982.141.The second paragraph of section 25 of the Saving and Credit Unions Act, where that paragraph applies to a caisse d'entraide économique, must be read in the period between 8 April 1982 and 1 June 1982 without reference to the words \"and savings\".142.The Securities Act (R.S.Q., chapter V-l) does not apply in respect of the application of this Act.143.The Government may determine all or part of the costs required for the administration of this Act that are at the charge of the Fédération des sociétés d'entraide économique du Québec, of a federation of unions mentioned in Schedule II or of a party whose plan has been approved by the Minister under Chapter IV.144.The Act respecting the Caisses d'entraide économique may be repealed on the date fixed by proclamation of the Government.145.The sums required for the application of this Act are taken out of the consolidated revenue fund.146.The Minister of Financial Institutions and Cooperatives is responsible for the administration of this Act, except in respect of those powers and responsibilities which it confers or imposes on the director general of elections and in respect of the fiscal provisions, which come under the responsibility of the Minister of Revenue.147.This Act comes into force on the day of its sanction. Pah 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5.1982.Vol.114.No.21 1429 SCHEDULE I Caisse\td'entraide\téconomique\tde l'Amiante Caisse\td'entraide\téconomique\tde Beauce-Sud Caisse\td'entraide\téconomique\tde Beauport Caisse\td'entraide\téconomique\tde Berthier Caisse\td'entraide\téconomique\tdes Bois-Francs Caisse\td'entraide\téconomique\tde Bonaventure Caisse\td'entraide\téconomique\tde Brossard Caisse\td'entraide\téconomique\tde Buckingham Caisse\td'entraide\téconomique\tde Chandler Caisse\td'entraide\téconomique\tde Chauveau * Caisse\td'entraide\téconomique\tde Chicoutimi Caisse\td'entraide\téconomique\tde Dolbeau-Mistassini Caisse\td'entraide\téconomique\tDrummond Caisse\td'entraide\téconomique\tde Gaspé Caisse\td'entraide\téconomique\tde Gatineau Caisse\td'entraide\téconomique\tde Granby Caisse\td'entraide\téconomique\tde Hull Caisse\td'entraide\téconomique\tde Joliette Caisse\td'entraide\téconomique\tde Jonquière Caisse\td'entraide\téconomique\tde K.R.T.Caisse\td'entraide\téconomique\tde la Baie Caisse\td'entraide\téconomique\tde Lachine Caisse\td'entraide\téconomique\tde La Haute-Gatineau Caisse\td'entraide\téconomique\tde La Matapédia Caisse\td'entraide\téconomique\tde Laval ' Caisse\td'entraide\téconomique\tde Lévis Caisse\td'entraide\téconomique\tde Longueuil Caisse\td'entraide\téconomique\tde Lotbinière Caisse\td'entraide\téconomique\tManicouagan Caisse\td'entraide\téconomique\tde Maskinongé 1430 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part 2 Caisse\td'entraide\téconomique Caisse\td'entraide\téconomique Caisse\td'entraide\téconomique Caisse\td'entraide\téconomique Caisse\td'entraide\téconomique Caisse\td'entraide\téconomique Caisse\td'entraide\téconomique Caisse\td'entraide\téconomique Caisse\td'entraide\téconomique Caisse\td'entraide\téconomique Caisse\td'entraide\téconomique Caisse\td'entraide\téconomique Caisse\td'entraide\téconomique Caisse\td'entraide\téconomique Caisse\td'entraide\téconomique Caisse\td'entraide\téconomique Caisse\td'entraide\téconomique Caisse\td'entraide\téconomique de Matane de Montmagny de Portneuf de Richelieu de Richmond-Johnson de Rimouski de Rouville de Shawinigan (de) Sherbrooke de Ste-Anne-des-Monts i de Saint-Bruno de Ste-Foy de St-Hyacinthe de St-Jean et Iberville de St-Jérôme de Témiscouata de Trois-Rivières de Valleyfield Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 5, 1982, Vol.114, No.21 1431 SCHEDULE II FÉDÉRATION DES CAISSES POPULAIRES DESJARDINS DE LANAUDIÈRE Caisse d'entraide économique de Berthier Caisse d'entraide économique de Juliette FÉDÉRATION DES CAISSES POPULAIRES DESJARDINS DU CENTRE DU QUÉBEC Caisse d'entraide économique Drummond Caisse d'entraide économique de Maskinongé Caisse d'entraide économique des Bois-Francs Caisse d'entraide économique de Trois-Rivières Caisse d'entraide économique de Shawinigan FÉDÉRATION DES CAISSES POPULAIRES DESJARDINS DE QUÉBEC Caisse\td'entraide\téconomique\tde\tBeauce-Sud Caisse\td'entraide\téconomique\tde\tBeauport Caisse\td'entraide\téconomique\tde\tChauveau Caisse\td'entraide\téconomique\tde\tLévis Caisse\td'entraide\téconomique\tde\tl'Amiante Caisse\td'entraide\téconomique\tde\tK.R.T.Caisse\td'entraide\téconomique\tde\tLotbinière Caisse\td'entraide\téconomique\tde\tMontmagny Caisse\td'entraide\téconomique\tde\tManicouagan Caisse\td'entraide\téconomique\tde\tPortneuf Caisse\td'entraide\téconomique\tde\tSte-Foy FÉDÉRATION DES CAISSES POPULAIRES DESJARDINS DE MONTRÉAL ET DE L'OUEST-DU-QUÉBEC Caisse d'entraide économique de Brossard Caisse d'entraide économique de Buckingham Caisse d'entraide économique de Gatineau Caisse d'entraide économique de Hull GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Caisse d'entraide économique de Lachine Caisse d'entraide économique de La Haute-Gatineau Caisse d'entraide économique de Laval Caisse d'entraide économique de Longueuil Caisse d'entraide économique de Saint-Bruno Caisse d'entraide économique de St-Jean et Iberville Caisse d'entraide économique de St-Jérôme Caisse d'entraide économique de Valleyfield FÉDÉRATION DES CAISSES POPULAIRES DESJARDINS DE LA PÉNINSULE ET DES ÎLES Caisse d'entraide économique de Bonaventure Caisse d'entraide économique de Chandler Caisse d'entraide économique de Gaspé Caisse d'entraide économique de Ste-Anne-des-Monts FÉDÉRATION DES CAISSES POPULAIRES DESJARDINS DE L'ESTRIE Caisse d'entraide économique de Richmond-Johnson Caisse d'entraide économique (de) Sherbrooke FÉDÉRATION DES CAISSES POPULAIRES DESJARDINS DU BAS ST-LAURENT Caisse d'entraide économique de La Matapédia Caisse d'entraide économique de Matane Caisse d'entraide économique de Rimouski Caisse d'entraide économique de Témiscouata FÉDÉRATION DES CAISSES POPULAIRES DESJARDINS DU SAGUENAY \u2014 LAC SAINT-JEAN Caisse d'entraide économique de Chicoutimi Caisse d'entraide économique de Dolbeau-Mistassini Caisse d'entraide économique de Jonquière Caisse d'entraide économique de la Baie Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 1433 - FÉDÉRATION DES CAISSES POPULAIRES DE S JARDINS DE RICHELIEU \u2014 YAMASKA Caisse d'entraide économique de Granby Caisse d'entraide économique de Richelieu Caisse d'entraide économique de Rouville Caisse d'entraide économique de St-Hyacinthe 1434 GAZETTE OFFICIELLE DU QUEBEC, May 5, 1982.Vol.114, No.21 Part 2 TABLE OF CONTENTS CHAPTER I CHAPTER II Division I Division II Division III Division IV CHAPTER III Division I Division II Division III CHAPTER IV CHAPTER V CHAPTER VI CHAPTER VII Division I Division II Division III Division IV CHAPTER VIII Division I Division II CHAPTER IX CHAPTER X CHAPTER XI APPLICABILITY AND GENERAL PROVISIONS Section 1 PLAN FOR CONVERSION INTO A SOCIÉTÉ D'ENTRAIDE ÉCONOMIQUE General provisions 8 Adoption of the conversion plan 24 Application for continuance 27 Special provisions 35 INTEGRATION PLAN OF A CAISSE D'ENTRAIDE ÉCONOMIQUE General provisions 38 Integration plan 40 Special provisions 51 OTHER PLANS 58 WINDING-UP 59 PUBLICITY AND NOTICES 69 VOTING RULES General provisions 72 Preparation and revision of the list of members 75 Voting 78 Special rules 86 PROVISIONAL ADMINISTRATION AND WINDING-UP ORDER Provisional administration 88 Winding-up order 92 REGULATIONS 96 OFFENCES AND PENALTIES 98 MISCELLANEOUS PROVISIONS 102 v Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 1435 Index Statutory Instruments Abbreviations: A: Abrogated, N: New, M: Modified Regulations \u2014 Statutes ._Page Commente Acquisition of colonization lands.Act respecting the.repealed .1341 (1982, Bill 49) Agriculture, des pêcheries et de l'alimentation.Act respecting the Ministère de 1\", amended .1341 (1982, Bill 49) Caisses d'entraide économique, Act respecting certain .1395 (1982, Bill 60) Centre de recherche industrielle du Québec, Act respecting the.amended .1359 (1982, Bill 50) Colonization Land Sales Act.replaced .1341 (1982.Bill 49) Colonization Societies Act, repealed.1341 ' (1982, Bill 49) Compulsory retirement and providing amendments to certain legislation.Act respecting the abolition of .1331 (1982, Bill 15) Grand Théâtre de Québec, Act respecting the, replaced .1365 (1982, Bill 51) Labour standards.Act respecting, amended .'.1331 (1982, Bill 15) Lands and Forests Act, amended .1341 (1982, Bill 49) .Lists of Bills sanctioned.1329 Ministère de l'agriculture, des pêcheries et de l'alimentation.Act respecting the, amended.'.1341 (1982, Bill 49) Montréal, city \u2014 Act respecting the roll of rental values for the purposes of the water-rate and service tax, 1981 and 1982 .1391 (1982.Bill 58) Pioneering Merit Act, repealed.1341 (1982, Bill 49) Place des Arts, Act respecting, replaced .1373 (1982, Bill 52) Public agricultural lands.Act respecting .1341 (1982, Bill 49) Settlers Protection Act, repealed.1341 (1982, Bill 49) 1436 GAZETTE OFFICIELLE DU QUÉBEC.May 5.1982.Vol.114.No.21 Part Regulations \u2014 Statutes___Page Comments Société de la Place des Arts de Montréal.Act respecting the .1373 (1982.Bill 52) Société du Grand Théâtre de Québec.Act respecting the .1365 (1982.Bill 51) Société québécoise d'initiatives pétrolières.Act respecting the.amended .1381 (1982.Bill 53) Société québécoise de développement des industries culturelles.Act respecting the.amended .1385 (1982, Bill 54) Sociétés d'entraide économique and amending various legislation.Act respecting the, amended .1395 (1982.Bill 60) Supplemental pension plans.Act respecting, amended .1331 (1982.Bill 15) Taxation Act.amended .1395 (1982.Bill 60) "]
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