M-26.1 - Act respecting the Ministère des Services gouvernementaux

Updated to 13 June 2011

This document has official status.

chapter M-26.1

Act respecting the Ministère des Services gouvernementaux

CHAPTER I RESPONSIBILITIES OF THE MINISTER

1. The Ministère des Services gouvernementaux is under the direction of the Minister of Government Services appointed under the Executive Power Act (chapter E-18).

2005, c. 11, s. 1.

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

2. The mission of the Minister is to develop a variety of means to give citizens and businesses, as well as departments and government bodies, simplified access to quality services throughout Québec.

The Minister is to pursue optimal use of information and communications technologies in the delivery of public services while taking into consideration the choice of citizens regarding the mode of service delivery; the Minister is to support methods that foster an efficient and economical delivery of services.

In particular, the Minister is to encourage the development of leading-edge expertise giving government departments and bodies access to shared services that they would not reasonably be able to develop on their own.

2005, c. 11, s. 2.

3. The Minister is to develop and propose to the Government policies and guidelines designed, on the one hand, to upgrade delivery of services, making it easier for citizens and businesses to access them, and on the other, to make shared services available for government departments and bodies, thus contributing to the improvement of those services.

The Minister is to coordinate the implementation of the government policies and guidelines made under this Act, and ensure follow-up.

2005, c. 11, s. 3; 2011, c. 19, s. 33.

4. The Minister is also to ensure the development, implementation and deployment of the e-government initiative and the promotion and implementation of any measure furthering the adaptation of public services to e-government.

2005, c. 11, s. 4.

5. (Repealed).

2005, c. 11, s. 5; 2011, c. 19, s. 34.

6. The functions of the Minister also include

(1)  coordinating the efforts of government departments and bodies to achieve an integrated approach to the delivery of services to citizens and businesses and a shared understanding of service quality standards;

(2)  facilitating the implementation of shared services for government departments and bodies where such an initiative answers a need for efficiency and profitability in the management of their human, financial and physical resources;

(3)  submitting to the Government proposals for standards applicable to the Government’s signature and to the visual identification of the departments and bodies designated by the Government.

2005, c. 11, s. 6; 2011, c. 19, s. 35.

7. The functions of the Minister also include ensuring that the immovables and property required by government departments and bodies to deliver their services are made available to them.

2005, c. 11, s. 7.

7.1. The Minister is also responsible for the register of civil status and appoints the registrar of civil status. The registrar of civil status works for Services Québec.

2007, c. 32, s. 14.

8. In exercising the responsibilities of office, the Minister may, in particular:

(1)  enter into agreements with a person, association, partnership or body;

(2)  enter into agreements, subject to the applicable legislative provisions, with a government other than the Gouvernement du Québec, with a department or body of that government, or with an international organization or one of its agencies;

(3)  obtain from government departments and bodies the information required to prepare and follow up on policies and guidelines.

2005, c. 11, s. 8.

9. The Minister is also responsible for the administration of the Acts assigned to the Minister, and assumes any other responsibility conferred on the Minister by the Government.

2005, c. 11, s. 9.

CHAPTER II ORGANIZATION OF THE DEPARTMENT

10. The Government appoints a person as Deputy Minister of Government Services, in accordance with the Public Service Act (chapter F-3.1.1).

2005, c. 11, s. 10.

11. Under the direction of the Minister, the Deputy Minister administers the department.

The Deputy Minister, in addition, exercises any other function assigned by the Minister or the Government.

2005, c. 11, s. 11.

12. In the exercise of deputy-ministerial functions, the Deputy Minister has the authority of the Minister.

2005, c. 11, s. 12.

13. The Deputy Minister may, in writing and to the extent indicated, delegate the exercise of deputy-ministerial functions under this Act to a public servant or employee.

In the instrument of delegation, the Deputy Minister may authorize the subdelegation of the functions indicated. The public servant or employee to whom the functions may be subdelegated is to be identified by the Deputy Minister.

2005, c. 11, s. 13.

14. The personnel of the department consists of the public servants necessary to carry on the functions of the Minister; they are appointed in accordance with the Public Service Act (chapter F-3.1.1).

The Minister is to determine the duties of the public servants to the extent that they are not determined by law or by the Government.

2005, c. 11, s. 14.

15. The signature of the Minister or Deputy Minister gives authority to any document emanating from the department.

A deed, document or writing is binding on the Minister or may be attributed to the Minister only if it is signed by the Minister, the Deputy Minister, a member of the personnel of the department or an employee and, in the last two cases, only so far as determined by the Government.

2005, c. 11, s. 15.

16. The Government may allow a signature to be affixed by an automatic device or electronic process, subject to the conditions it determines.

The Government may allow a facsimile of a signature to be engraved, lithographed or printed, subject to the conditions it determines. Except in the cases prescribed by the Government, the facsimile must be authenticated by the countersignature of a person authorized by the Minister.

2005, c. 11, s. 16.

17. A document or copy of a document emanating from the department or forming part of its records, signed or certified true by a person referred to in the second paragraph of section 15, is authentic.

2005, c. 11, s. 17.

18. An intelligible transcription of a decision or other data stored by the department on a computer or any other medium is a document of the department and is proof of its contents if certified true by a person referred to in the second paragraph of section 15.

2005, c. 11, s. 18.

19. The Minister must table an annual management report in the National Assembly within four months of the end of the fiscal year or, if the Assembly is not sitting, within 15 days of resumption.

2005, c. 11, s. 19.

CHAPTER III AMENDING AND TRANSITIONAL PROVISIONS

20. (Omitted).

2005, c. 11, s. 20.

21. (Amendment integrated into c. A-6.01, s. 77).

2005, c. 11, s. 21.

22. (Amendment integrated into c. A-29, s. 65).

2005, c. 11, s. 22.

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

2005, c. 11, s. 23.

24. (Amendment integrated into c. E-20.1, s. 6.1).

2005, c. 11, s. 24.

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

2005, c. 11, s. 25.

26. (Amendment integrated into c. S-6.3, s. 6).

2005, c. 11, s. 26.

27. (Amendment integrated into c. S-6.3, s. 19).

2005, c. 11, s. 27.

28. (Amendment integrated into c. S-6.3, s. 20).

2005, c. 11, s. 28.

29. (Amendment integrated into c. S-6.3, s. 23 — French).

2005, c. 11, s. 29.

30. (Amendment integrated into c. S-6.3, s. 24).

2005, c. 11, s. 30.

31. (Amendment integrated into c. S-6.3, s. 38.1).

2005, c. 11, s. 31.

32. (Amendment integrated into c. S-6.3, s. 54).

2005, c. 11, s. 32.

33. (Amendment integrated into c. S-6.3, s. 55).

2005, c. 11, s. 33.

34. (Amendment integrated into c. S-6.3, s. 56).

2005, c. 11, s. 34.

35. (Amendment integrated into c. S-6.3, s. 60).

2005, c. 11, s. 35.

36. (Omitted).

2005, c. 11, s. 36.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 11 of the statutes of 2005, in force on 1 March 2006, is repealed, except section 36, effective from the coming into force of chapter M-26.1 of the Revised Statutes.