I-13.1 - Act respecting the Institut national de productivité

Repealed on 29 August 1990

This document has official status.

chapter I-13.1

Act respecting the Institut national de productivité

Repealed, 1986, c. 82, s. 1.

1986, c. 82, s. 1.

DIVISION I ESTABLISHMENT AND COMPOSITION OF THE INSTITUT

1. A body hereinafter called the “Institut” is created under the name of “Institut national de productivité”.

1978, c. 68, s. 1.

2. The Institut is a corporation within the meaning of the Civil Code and has the general powers of such a corporation and the special powers conferred on it by this act.

1978, c. 68, s. 2.

3. The Institut has the rights and privileges of a mandatary of the Government.

The property of the Institut forms part of the public domain, but the obligations of the Institut may be levied on its property.

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

1978, c. 68, s. 3.

4. The head office of the Institut shall be at the place determined by the Government; notice of the location or of any change of location of the head office shall be published in the Gazette officielle du Québec.

The Institut may hold its sittings anywhere in Québec.

1978, c. 68, s. 4.

5. The Institut is composed of a director general and nine other members appointed by the Government, including three appointed after consultation with the agencies most representative of the labour sector and three after consultation with the agencies most representative of the business sector.

1978, c. 68, s. 5.

6. The Government shall appoint the president and the vice-president of the Institut from among the members of the Institut.

1978, c. 68, s. 6.

7. The director general is appointed for not over five years and the other members for three years.

However, with the exception of the director general, three of the first members are appointed for two years, three for three years and three for four years.

1978, c. 68, s. 7.

8. Members of the Institut other than the director general receive no remuneration. However, they are entitled to the reimbursement of justifiable expenses incurred by them in the exercise of their functions, and they shall receive an attendance allowance fixed by the Government.

1978, c. 68, s. 8.

9. At the end of their terms, the members of the Institut remain in office until they are reappointed or replaced.

Except in the case of the director general, any vacancy occurring during the course of a term is filled for the remainder of the term of the member to be replaced.

1978, c. 68, s. 9.

10. If the president is unable to act, he shall be replaced by the vice-president for as long as he is unable to act.

1978, c. 68, s. 10.

11. Six members of the Institut are a quorum. If votes are equally divided, the president has an additional vote.

1978, c. 68, s. 11.

12. The Government fixes the fees, allowances or salary of the director general or, as the case may be, his additional salary.

1978, c. 68, s. 12.

13. If the director general is unable to act, he may be replaced by a person appointed to carry out his duties while he is unable to act, by the Government, which fixes his fees.

1978, c. 68, s. 13.

14. The secretary and the other members of the staff of the Institut are appointed and remunerated in accordance with the staff requirements, standards and scales fixed by the Institut and approved by the Government.

1978, c. 68, s. 14.

15. The director general of the Institut shall not, under pain of forfeiture of office, have any direct or indirect interest in an undertaking causing his personal interest to conflict with that of the Institut.

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

Any other member of the Institut who is directly or indirectly interested in a contract or draft contract with the Institut must, under pain of forfeiture of office, divulge his interest to the other members without delay and he shall not vote on such a contract or draft contract.

1978, c. 68, s. 15.

16. The office of director general of the Institut is incompatible with the exercise of any other function.

1978, c. 68, s. 16.

17. The director general is responsible for the administration of the Institut within the scope of its by-laws.

1978, c. 68, s. 17.

18. The Institut may make by-laws to provide for:

(a)  its internal management;

(b)  the formation of an executive committee and the determination of its powers;

(c)  the definition of the duties and powers of its staff.

Such by-laws come into force only after they are approved by the Government.

1978, c. 68, s. 18.

19. The minutes of the sittings approved by the Institut and certified by the president or the secretary or by any other officer of the Institut designated by the by-law passed for such purpose by the Institut are authentic; the same rule applies to documents or copies emanating from the Institut or forming part of its records, when so certified.

1978, c. 68, s. 19.

DIVISION II FUNCTIONS AND POWERS OF THE INSTITUT

20. The Institut must pursue the following objectives, within the context of the general economic and political situation:

(a)  to acquaint the population and the economic agents with the notion of productivity in economic activities;

(b)  to promote awareness of the importance of productivity and of the various factors having an influence on it;

(c)  to promote collaboration and co-operation between economic agents in order to increase productivity.

1978, c. 68, s. 20.

21. The functions of the Institut are:

(a)  to make studies and conduct research on productivity, particularly in the industrial sector;

(b)  to publicize the results of such studies and research as well as any information from other agencies;

(c)  to convey the results of studies and research to the interested economic agents so as to bring about their co-operation and their intervention towards increased productivity;

(d)  to suggest to the Government and the economic agents ways of increasing productivity in the whole economic sector or in a determined section of it.

1978, c. 68, s. 21.

22. The Institut, unless authorized by the Government, shall not:

(a)  make any agreement with any government or government body;

(b)  make with any person any other contract engaging it for over two years;

(c)  make any loan that would increase its total unrepaid borrowings to over $1 000 000.

1978, c. 68, s. 22.

23. The Institut shall not acquire shares of another corporation or operate a commercial undertaking.

1978, c. 68, s. 23.

24. The Institut may receive and accept any grant, gift, legacy or contribution.

It shall not, however, accept any grant, gift or contribution to which charges or conditions are attached, unless from the Gouvernement du Québec, without the authorization of the Government.

1978, c. 68, s. 24.

25. The Institut, in pursuing its objectives, must carry out any specific mandate entrusted to it by the Minister of Industry, Trade and Technology with the approval of the Government.

Such a mandate must be tabled before the National Assembly within fifteen days of its approval by the Government. If the mandate is approved while the Assembly is not sitting, it must be tabled before it within fifteen days following the opening of the next session or, as the case may be, resumption.

1978, c. 68, s. 25; 1979, c. 77, s. 27; 1984, c. 36, s. 44; 1988, c. 41, s. 89.

DIVISION III MISCELLANEOUS PROVISIONS

26. The financial year of the Institut terminates on 31 March each year.

1978, c. 68, s. 26.

27. Not later than 30 June each year, the Institut shall make a report of its activities for its preceding financial year to the Minister of Industry, Trade and Technology. This report must also contain any and all information the Minister may prescribe.

The Institut shall, in addition, give the Minister any information he may require on its operations.

1978, c. 68, s. 27; 1979, c. 77, s. 27; 1984, c. 36, s. 44; 1988, c. 41, s. 89.

28. The Minister shall table the report of the Institut before the National Assembly within thirty days of his receiving it. If he receives it while the National Assembly is not sitting, he shall table it within thirty days following the opening of the next session or, as the case may be, resumption.

1978, c. 68, s. 28.

29. The books and accounts of the Institut shall be audited by the Auditor General each year and also whenever so ordered by the Government. His reports shall accompany the annual report of the Institut.

1978, c. 68, s. 29.

30. The Minister of Industry, Trade and Technology is responsible for the carrying out of this Act.

1978, c. 68, s. 30; 1979, c. 77, s. 27; 1984, c. 36, s. 44; 1988, c. 41, s. 89.

31. The sums required for the carrying out of this act shall be taken, for the fiscal year 1978/1979, out of the consolidated revenue fund and, for subsequent years, out of the moneys granted annually for such purpose by the Legislature.

1978, c. 68, s. 31.

32. (Amendment integrated into c. R-10, s. 2).

1978, c. 68, s. 32; 1978, c. 18, s. 25.

33. This act comes into force on the day of its sanction.

1978, c. 68, s. 33.

34. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 68 of the statutes of 1978, in force on 1 June 1979, is repealed effective from the coming into force of chapter I-13.1 of the Revised Statutes.