F-3.2.2 - Act respecting the government air service fund

Updated to 22 October 1999

This document has official status.

chapter S-6.1

Act respecting government services to departments and public bodies

CHAPTER I FUNCTIONS AND POWERS OF THE MINISTER

1. The minister responsible for the administration of this Act shall, in respect of departments and public bodies, exercise the functions and powers conferred on him under this Act and under all other Acts assigned to him.

For the purposes of this Act, the Conseil du trésor, any government agency or enterprise subject to the Auditor General Act (chapter V-5.01) by the effect of sections 4, 5 and 6 of the said Act, any person designated by the Government under any Act whose personnel is appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1), any person designated by the National Assembly to perform a duty that comes under it and any body, other than the Office of the National Assembly, to which the National Assembly or a committee thereof appoints the majority of the members are public bodies.

1994, c. 18, s. 1; 1999, c. 40, s. 271.

2. The functions and powers of the Minister shall consist more particularly in

(1)  obtaining an inventory of the goods and services at the disposal of the departments and the public bodies designated by the Government;

(2)  ensuring that the departments and the public bodies designated by the Government obtain the goods and services required for the carrying out of their activities;

(3)  taking the necessary measures to increase the effectiveness and efficiency of the departments and the public bodies designated by the Government and to limit their expenditures relating to the purchase and construction of property as well as to the leasing and supply of goods and services, in particular, to obtain the best quality/cost ratio;

(4)  (subparagraph repealed);

(5)  promoting the diffusion of information and documents of public interest produced and held by the departments and public bodies designated by the Government;

(6)  seeing to the management of copyrights held by the Government and the departments and public bodies designated by the Government in respect of documents and ensuring that the standards established jointly with the Minister of Culture and Communications for the acquisition, use and management of copyrights are complied with;

(7)  submitting to the Government proposals as regards the emblems of Québec and proposing standards applicable to the signature of the Government and to the visual identification of the departments and public bodies designated by the Government and ensuring that the standards are complied with;

(8)  carrying or causing to be carried out studies or research in the fields within his competence;

(9)  performing other duties assigned to him by the Government.

Before proposing an emblem for Québec, the Minister shall cause a notice to be published in the Gazette officielle du Québec. The notice shall indicate, in particular, the date fixed for its presentation and the fact that any interested person may, before that date, submit observations to the person designated therein.

No emblem may be proposed before the expiry of a period of 45 days from the day of the publication in the Gazette officielle du Québec or before the expiry of the period mentioned in the notice.

1994, c. 18, s. 2; 1996, c. 21, s. 68.

The Minister of Relations with the Citizens and Immigration exercises the functions contemplated in subparagraphs 5, 6 and 7 of the first paragraph and in the second and third paragraphs of this section. O.C. 1127-96 of 96.09.11, (1996) 128 G.O. 2 (French), 5545.

3. The Minister may, pursuant to subparagraph 2 of the first paragraph of section 2, supply to departments, to public bodies whose operating budget is voted in whole or in part by the National Assembly and to any other body designated by the Government, services, in particular, in the following sectors: the acquisition of goods and services, reprography, air transport within the framework of government functions or missions, mail and messenger services, supplies and furnishing, data processing, office machine maintenance, telecommunications, printing, publication, distribution and marketing of documents, media booking, audiovisual services, advertising and exhibitions. Such services may be supplied for a consideration.

1994, c. 18, s. 3.

4. The Minister may, according to law, enter into an agreement with a government other than the Gouvernement du Québec, any department or body of such a government, any international organization or any body thereof for the carrying out of his functions.

1994, c. 18, s. 4.

5. The Minister shall table before the National Assembly a report of his activities for every fiscal year, within six months of the end of that year or, if the Assembly is not sitting, within 30 days of resumption.

1994, c. 18, s. 5.

CHAPTER II ORGANIZATION AND DOCUMENTS

6. The Government shall designate the department or public body that shall put members of its personnel at the disposal of the Minister.

1994, c. 18, s. 6.

7. Under the direction of the Minister, the Deputy Minister of the department or the chief executive officer of the body designated under section 6 has, in the carrying out of his functions, the authority of the Minister.

1994, c. 18, s. 7.

8. No act, document or writing is binding on the Minister or may be attributed to him unless it is signed by him, by the Deputy Minister of the department or the chief executive officer of the body designated under section 6 or by a member of the personnel of the department or body and, in the case of such a member, only to the extent determined by regulation of the Government published in the Gazette officielle du Québec.

1994, c. 18, s. 8.

9. The Government, by regulation published in the Gazette officielle du Québec, may, on the conditions it determines, allow a signature to be affixed by means of an automatic device to the documents it determines.

The Government may similarly allow a facsimile of the signature to be engraved, lithographed or printed on the documents it determines. The facsimile must be countersigned by a person authorized by the Minister.

1994, c. 18, s. 9.

10. Any document or copy of a document emanating from the department or body designated under section 6 or forming part of the records of the department or body, signed or certified by a person referred to in section 8, is authentic.

1994, c. 18, s. 10.

CHAPTER III SPECIAL FUNDS

11. The special funds called “Government documents reproduction fund”, “Government air service fund”, “mail and messenger services fund”, “Les Publications du Québec fund”, “data processing services fund”, “communication services fund” and “telecommunications services fund” are hereby established for the purpose of financing the goods and services to which they relate.

A fund called “supplies and services fund” shall also be established for the purpose of financing the following goods and services: goods and services supplied by the General Purchasing Director under the Act respecting the Service des achats du gouvernement (chapter S-4), supplies and furnishing, data processing equipment and office machine maintenance.

1994, c. 18, s. 11.

12. The Government may, to the extent and on the conditions it determines, merge any or all of the funds, transfer one or more of the activities of a fund to another fund, change the name under which a fund is established or terminate the activities of a fund.

1994, c. 18, s. 12.

13. The Government shall determine the assets and liabilities of each fund and the date on which it begins to operate. It shall also determine the nature of the goods and services to be financed by and the nature of the costs to be charged to each fund. It shall designate the departments and public bodies that must, to the extent it determines, make their purchases of goods and services through a fund.

1994, c. 18, s. 13.

14. Each fund shall be constituted of the following sums, except interest:

(1)  the sums collected for the goods and services financed by the fund;

(2)  the sums paid by the Minister of Finance pursuant to the first paragraph of section 16 and the first paragraph of section 16.1;

(3)  the sums paid by the minister responsible for the administration of this Act out of the appropriations allocated for that purpose by Parliament.

1994, c. 18, s. 14; 1996, c. 7, s. 1.

15. The management of the sums paid into the funds shall be entrusted to the Minister of Finance. Such sums shall be paid to his order and deposited with the financial institutions he determines.

Notwithstanding section 13 of the Financial Administration Act (chapter A-6), the minister responsible for the administration of this Act shall keep the books of account for and record the financial commitments chargeable to the funds. He shall also certify that such commitments and the payments arising therefrom do not exceed the available balances and comply therewith.

1994, c. 18, s. 15.

16. The Minister of Finance may, with the authorization of the Government and subject to the conditions it determines, advance to the funds sums taken out of the consolidated revenue fund.

He may conversely advance to the consolidated revenue fund, on a short-term basis and subject to the conditions he determines, any part of the sums paid into a fund that is not required for its operations.

Any advance paid to a fund shall be repayable out of that fund.

1994, c. 18, s. 16.

16.1. The minister responsible for the administration of this Act may, as manager of a special fund, borrow from the Minister of Finance sums taken out of the financing fund established under section 69.1 of the Financial Administration Act (chapter A-6).

Any amount paid into a fund under the terms of such a loan shall be repayable out of that fund.

1996, c. 7, s. 2.

17. The remuneration and expenses pertaining to social benefits and other conditions of employment of the persons assigned, in accordance with the Public Service Act (chapter F-3.1.1), to activities related to a fund shall be paid out of that fund.

1994, c. 18, s. 17.

18. All surpluses accumulated by a fund shall be paid into the consolidated revenue fund on the dates and to the extent determined by the Government.

1994, c. 18, s. 18.

19. Sections 22 to 27, 33, 35, 45, 47 to 49, 49.2, 51, 57 and 70 to 72 of the Financial Administration Act (chapter A-6), adapted as required, apply to the funds.

1994, c. 18, s. 19.

20. The fiscal year of a fund ends on 31 March.

1994, c. 18, s. 20.

21. Notwithstanding any provision to the contrary, the Minister of Finance shall, in the event of a deficiency in the consolidated revenue fund, pay out of the funds the sums required for the execution of a judgment against the State that has become res judicata.

1994, c. 18, s. 21; 1999, c. 40, s. 271.

21.1. The minister responsible for the administration of this Act may, for the purposes of the government air service, with the authorization of the Government and subject to the conditions it determines, deposit with the Minister of Finance sums, to be managed by him, taken out of the sums constituting a special fund, in order to create a sinking fund. The object of the sinking fund is to pay, out of the sums constituting such fund and out of the revenue therefrom, on the appointed maturity dates, the principal and interest of any loan repayable out of the special fund and to discharge any obligation provided for in a contract relating to the goods or services financed by the special fund, including an obligation arising out of the exercise of a right or an option.

1996, c. 7, s. 3.

21.2. Where he considers it appropriate for the proper management of the sums constituting a special fund established under section 11, the Minister of Finance may carry out any transaction referred to in section 36.1 of the Financial Administration Act (chapter A-6).

Sections 36.1 and 36.2 of the Financial Administration Act, adapted as required, apply to such a transaction.

1996, c. 7, s. 3.

21.3. The sums accumulated in a sinking fund, other than sums necessary for the purpose of paying the loans or discharging the obligations referred to in section 21.1, shall also be paid into the consolidated revenue fund on the dates and to the extent determined by the Government.

1996, c. 7, s. 3.

CHAPTER IV QUÉBEC OFFICIAL PUBLISHER

22. The Government shall designate, from among the personnel of the department or body designated under section 6, a person holding the rank of administrator of state to act as Québec Official Publisher.

1994, c. 18, s. 22.

23. The Official Publisher shall print and publish, or cause to be printed and published,

(1)  the statutes of Québec;

(2)  an official journal, known as the Gazette officielle du Québec;

(3)  such documents, notices and announcements as the Government, the Office of the National Assembly or an Act may require him to print or publish.

1994, c. 18, s. 23.

24. All documents, notices and announcements the publication of which is required by law are published in the Gazette officielle du Québec, unless some other mode of publication is prescribed by law.

1994, c. 18, s. 24.

25. The Official Publisher shall, under the name of “Les Publications du Québec”, carry out the functions assigned to the Minister under section 3 in respect of the printing, publication, distribution and marketing of documents.

He is also entrusted with the sale, under the name of “Les Publications du Québec”, of the publications referred to in section 23.

1994, c. 18, s. 25.

26. The Government may, by regulation,

(1)  determine the terms and conditions under which the operations relating to the publications or other works for which the Official Publisher is responsible are to be effected, except publications of the National Assembly;

(2)  prescribe the conditions under which the Gazette officielle du Québec shall be published;

(3)  designate the public bodies, the public servants and the other persons to which or to whom the Gazette officielle du Québec is sent free of charge by the Official Publisher;

(4)  fix the subscription price of the Gazette officielle du Québec;

(5)  establish a tariff of the sums payable for the notices, announcements and documents published in the Gazette officielle du Québec.

1994, c. 18, s. 26.

27. All publications in the Gazette officielle du Québec and all copies of official documents, proclamations, orders, notices and announcements printed by the Official Publisher are authentic.

1994, c. 18, s. 27.

28. No act, document or writing is binding on the Official Publisher or may be attributed to him unless it is signed by him or by a member of the personnel of the department or body designated under section 6 and, in the case of such a member, only to the extent determined by regulation of the Government published in the Gazette officielle du Québec.

1994, c. 18, s. 28.

29. The Government, by regulation published in the Gazette officielle du Québec, may, on the conditions it determines, allow the signature to be affixed by means of an automatic device to the documents it determines.

The Government may also allow a facsimile of the signature to be engraved, lithographed or printed on the documents it determines. The facsimile must be countersigned by a person authorized by the Official Publisher.

1994, c. 18, s. 29.

CHAPTER V CONCORDANCE, TRANSITIONAL AND FINAL PROVISIONS

30. The Government shall designate the minister responsible for the administration of this Act.

1994, c. 18, s. 30.

The Minister responsible for Government Administration and Chair of the Conseil du trésor is responsible for the administration of this Act. Order in Council 880-2010 dated 27 October 2010, (2010) 142 G.O. 2 (French), 4445.

FINANCIAL ADMINISTRATION ACT

31. (Amendment integrated into c. A-6, s. 49.5.1).

1994, c. 18, s. 31.

ACT RESPECTING THE BIBLIOTHÈQUE NATIONALE DU QUÉBEC

32. (Amendment integrated into c. B-2.1, s. 22).

1994, c. 18, s. 32.

LABOUR CODE

33. (Amendment integrated into c. C-27, s. 1).

1994, c. 18, s. 33.

PUBLIC CURATOR ACT

34. (Amendment integrated into c. C-81, s. 65).

1994, c. 18, s. 34.

35. (Amendment integrated into c. C-81, s. 68).

1994, c. 18, s. 35.

ACT RESPECTING THE DEVELOPMENT OF QUÉBEC FIRMS IN THE BOOK INDUSTRY

36. (Amendment integrated into c. D-8.1, s. 6).

1994, c. 18, s. 36.

ELECTION ACT

37. (Amendment integrated into c. E-3.3, s. 488.1).

1994, c. 18, s. 37.

ACT RESPECTING THE AVIAN EMBLEM

38. (Amendment integrated into c. E-4.1, s. 2).

1994, c. 18, s. 38.

EXECUTIVE POWER ACT

39. (Amendment integrated into c. E-18, s. 4).

1994, c. 18, s. 39.

ACT TO SECURE THE HANDICAPPED IN THE EXERCISE OF THEIR RIGHTS

40. (Amendment integrated into c. E-20.1, s. 7).

1994, c. 18, s. 40.

ACT RESPECTING THE MINISTÈRE DES AFFAIRES INTERNATIONALES

41. (Amendment integrated into c. M-21.1, s. 30).

1994, c. 18, s. 41.

42. (Omitted).

1994, c. 18, s. 42.

ACT RESPECTING THE MINISTÈRE DU CONSEIL EXÉCUTIF

43. (Amendment integrated into c. M-30, s. 3.17).

1994, c. 18, s. 43.

GOVERNMENT DEPARTMENTS ACT

44. (Amendment integrated into c. M-34, s. 1).

1994, c. 18, s. 44.

ACT RESPECTING THE SERVICE DES ACHATS DU GOUVERNEMENT

45. (Amendment integrated into c. S-4, s. 1).

1994, c. 18, s. 45.

46. (Amendment integrated into c. S-4, s. 2).

1994, c. 18, s. 46.

47. (Amendment integrated into c. S-4, s. 3).

1994, c. 18, s. 47.

48. (Omitted).

1994, c. 18, s. 48.

ACT RESPECTING HEALTH SERVICES AND SOCIAL SERVICES

49. (Amendment integrated into c. S-4.2, s. 488.1).

1994, c. 18, s. 49.

ACT RESPECTING THE SOCIÉTÉ QUÉBÉCOISE D’INFORMATION JURIDIQUE

50. (Amendment integrated into c. S-20, s. 3).

1994, c. 18, s. 50.

51. (Amendment integrated into c. S-20, s. 23).

1994, c. 18, s. 51.

52. Unless the context indicates otherwise, in any other Act and in any regulation, by-law, order in council, ministerial order, proclamation, order, contract, agreement, accord or other document,

(1)  a reference to the Minister of Supply and Services is, according to the matter concerned, a reference to the minister responsible for the administration of this Act or to the Chairman of the Conseil du trésor;

(2)  a reference to the Deputy Minister of Supply and Services or to the Ministère des Approvisionnements et Services is, according to the matter concerned, a reference to the Deputy Minister of the department or to the chief executive officer of the body designated under section 6 of this Act or to the Secretary of the Conseil du trésor or to the department or body thus designated or to the Conseil du trésor;

(3)  a reference to the Minister of Communications is, according to the matter concerned, a reference to the minister responsible for the administration of this Act or to the Chairman of the Conseil du trésor, in matters devolving to them;

(4)  a reference to the Deputy Minister of Communications or to the Ministère des Communications is, according to the matter concerned, a reference to the Deputy Minister of the department or to the chief executive officer of the body designated under section 6 of this Act or to the Secretary of the Conseil du trésor or to the department or body thus designated or to the Conseil du trésor, in matters devolving to them;

(5)  a reference to the Act respecting the Ministère des Approvisionnements et Services (chapter M-23.01) or to any of its provisions is, according to the matter concerned, a reference to this Act, to the Financial Administration Act (chapter A-6) or to the corresponding provision of either Act;

(6)  a reference to the Act respecting the Ministère des Communications (chapter M-24) or to any of its provisions is, according to the matter concerned, a reference to this Act, to the Financial Administration Act or to the corresponding provision of either Act, in matters to which those Acts apply.

1994, c. 18, s. 52.

53. Regulations adopted under Chapter II of the Act respecting the Ministère des Approvisionnements et Services (chapter M-23.01) and in force on 17 June 1994 are deemed to be regulations adopted under the Financial Administration Act (chapter A-6).

1994, c. 18, s. 53.

54. The special funds established under section 11 of this Act continue the funds established under section 15.1 of the Act respecting the Ministère des Approvisionnements et Services (chapter M-23.01) and section 22 of the Act respecting the Ministère des Communications (chapter M-24).

1994, c. 18, s. 54.

55. The first order made under subparagraph 3.2 of paragraph l of section 1 of the Labour Code (chapter C-27), enacted by section 33 of this Act, may have effect from 19 January 1994.

1994, c. 18, s. 55.

56. (Omitted).

1994, c. 18, s. 56.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 18 of the statutes of 1994, in force on 1 September 1994, is repealed, except section 56, effective from the coming into force of chapter S-6.1 of the Revised Statutes.