I-8.4 - Act respecting Infrastructures technologiques Québec

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chapter I-8.4
Act respecting Infrastructures technologiques Québec
INFRASTRUCTURES TECHNOLOGIQUES QUÉBECFebruary 21 2020June 1 2020
THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS:
CHAPTER I
ESTABLISHMENT
2020, c. 2, s. 22020, c. 2, s. 2.
1. Infrastructures technologiques Québec is established.
Infrastructures technologiques Québec may choose, following the approval of the Chair of the Conseil du trésor, to refer to itself by another name or by an acronym by sending a copy of a decision to that effect to the enterprise registrar; at the same time, it posts the decision on its website.
2020, c. 22020, c. 2, s. 2.
2. Infrastructures technologiques Québec’s head office is in the national capital at the place it determines.
Infrastructures technologiques Québec publishes a notice of the location and of any change in location of its head office in the Gazette officielle du Québec and, at the same time, posts it on its website.
2020, c. 22020, c. 2, s. 2.
CHAPTER II
MISSION AND RESPONSIBILITIES
2020, c. 2, s. 22020, c. 2, s. 2.
3. Infrastructures technologiques Québec’s mission, in keeping with the policy directions determined by the Conseil du trésor, is to provide public bodies with common technology infrastructure services and support system services capable of, among other things, supporting such bodies in the exercise of their functions and in their delivery of services so as to promote their digital transformation.
Infrastructures technologiques Québec pools and develops in-house expertise on common technology infrastructures. It contributes to enhancing digital information security within public bodies and the availability of services to citizens and businesses through the increased use of secure, high-performance shared technology infrastructures within such bodies.
The Conseil du trésor determines, in writing, the common technology infrastructure services and support system services that Infrastructures technologiques Québec may provide. The Conseil du trésor describes the services and determines their nature and extent as well as any other conditions. It publishes on its website, within six months after the coming into force of this Act, the first list of the services provided for in this paragraph and, subsequently, any amendment to the list, within a reasonable time.
For the purposes of this Act, public bodies are the bodies referred to in section 2 of the Act respecting the governance and management of the information resources of public bodies and government enterprises (chapter G-1.03).
2020, c. 22020, c. 2, s. 2.
4. Infrastructures technologiques Québec must, more specifically,
(1)  ensure that the common technology infrastructure services and support system services under its responsibility are accessible;
(2)  ensure that its services meet public bodies’ needs, taking into account government priorities, and that its services keep up with advances in information technology;
(3)  seek to optimize the design, execution, operation and development costs of its services so as to improve the efficiency and effectiveness of its services with respect to performance objectives and contribute to government-wide savings;
(4)  establish customer relationship management processes to support public bodies using Infrastructures technologiques Québec services and measure their level of satisfaction with regard to the services it provides;
(5)  see to it that the proper, highest performance standards conducive to ensuring the confidentiality, integrity and availability of the public body information it keeps are complied with and maintained, in particular by putting security measures in place;
(6)  take the necessary measures to ensure the longevity of the information assets under its responsibility and indicate the life cycle of each asset in its inventory compiled and kept in accordance with paragraph 3 of section 13 of the Act respecting the governance and management of the information resources of public bodies and government enterprises (chapter G-1.03) so as to anticipate when the assets will become obsolete and to prevent them from becoming obsolete;
(7)  contribute to the emergence of exemplary and innovative technology management practices in cooperation with the chief information officer and the various actors in the information technology community; and
(8)  carry out any other related mandate the Government or the Chair of the Conseil du trésor entrusts to it.
2020, c. 22020, c. 2, s. 2.
5. Infrastructures technologiques Québec acts as a cloud broker for public bodies by making cloud offerings available by type of good or service.
For that purpose, Infrastructures technologiques Québec must prepare a catalogue of cloud offerings designed to meet the bodies’ needs and assist them in such matters.
2020, c. 22020, c. 2, s. 2.
6. Infrastructures technologiques Québec may provide services to any other person or to any other entity designated by the Chair of the Conseil du trésor.
2020, c. 22020, c. 2, s. 2.
7. Infrastructures technologiques Québec must inform the Chair of the Conseil du trésor if a public body refuses or fails to use Infrastructures technologiques Québec services in cases where the Government requires the use of such services following an order made under subparagraph 1 of the first paragraph of section 22.1 of the Act respecting the governance and management of the information resources of public bodies and government enterprises (chapter G-1.03).
2020, c. 22020, c. 2, s. 2.
CHAPTER III
OPERATION
2020, c. 2, s. 22020, c. 2, s. 2.
8. Infrastructures technologiques Québec’s affairs are administered by a president and chief executive officer appointed by the Government, which determines his or her remuneration, employee benefits and other conditions of employment.
The president and chief executive officer is appointed for a term of up to five years. At the end of the term, the president and chief executive officer remains in office until replaced or reappointed.
2020, c. 22020, c. 2, s. 2.
9. The president and chief executive officer is responsible for the administration and direction of Infrastructures technologiques Québec. The office of president and chief executive officer is a full-time position.
2020, c. 22020, c. 2, s. 2.
10. The Government may, on the recommendation of the Chair of the Conseil du trésor, appoint the number of vice-presidents it determines to assist the president and chief executive officer. The Government determines their remuneration, employee benefits and other conditions of employment.
The office of vice-president is a full-time position. Each vice-president is appointed for a term of up to four years and remains in office until replaced or reappointed.
2020, c. 22020, c. 2, s. 2.
11. The president and chief executive officer designates a vice-president to replace him or her when he or she is absent or unable to act.
2020, c. 22020, c. 2, s. 2.
12. Infrastructures technologiques Québec may make by-laws for its internal management.
2020, c. 22020, c. 2, s. 2.
13. Infrastructures technologiques Québec’s documents, if certified true by the president and chief executive officer, a vice-president, the secretary or any other person authorized by Infrastructures technologiques Québec for that purpose, are authentic. The same applies to copies emanating from Infrastructures technologiques Québec or forming part of its records if they have been so certified.
2020, c. 22020, c. 2, s. 2.
14. No document is binding on Infrastructures technologiques Québec or may be attributed to it unless it is signed by the president and chief executive officer, a vice-president, the secretary or, to the extent determined in Infrastructures technologiques Québec’s by-laws, a member of Infrastructures technologiques Québec’s personnel.
The rules governing the delegation of signing authority may provide for subdelegation and how it is to be exercised.
2020, c. 22020, c. 2, s. 2.
15. Infrastructures technologiques Québec may, subject to the conditions and on the documents it determines by by-law, allow a required signature to be affixed by means of any information technology-based process.
2020, c. 22020, c. 2, s. 2.
16. Infrastructures technologiques Québec sends its strategic plan, and any amendment to it, to the Chair of the Conseil du trésor for examination of the plan’s consistency with ministerial and government policy directions. The Chair of the Conseil du trésor may ask Infrastructures technologiques Québec to replace the plan or the amendment.
2020, c. 22020, c. 2, s. 2.
17. An audit committee is established within Infrastructures technologiques Québec. The committee is composed of three independent members appointed by the Chair of the Conseil du trésor. On the expiry of their terms, such members remain in office until replaced or reappointed.
The members of the audit committee must, as a group, have the appropriate expertise and experience, in particular expertise in accounting and information technology.
The Secretary of the Conseil du trésor is a permanent member of the committee but is not entitled to vote; the Secretary may appoint a substitute.
A member is independent if, in the opinion of the Chair of the Conseil du trésor, the member qualifies as an independent director within the meaning of section 4 of the Act respecting the governance of state-owned enterprises (chapter G-1.02).
The members of the audit committee receive no remuneration. They are, however, entitled to reimbursement of the expenses incurred in the performance of their duties, on the conditions and to the extent determined by the Government.
Sections 5 to 8 and 25 of the Act respecting the governance of state-owned enterprises apply, with the necessary modifications.
2020, c. 22020, c. 2, s. 2.
18. The functions of the audit committee include
(1)  ensuring that a plan for the optimal use of Infrastructures technologiques Québec resources is put in place, and following up on that plan;
(2)  seeing to it that internal control mechanisms regarding operations and management practices are put in place and ensuring they are appropriate and effective;
(3)  ensuring that a risk management process is put in place;
(4)  reviewing any activity that could be detrimental to Infrastructures technologiques Québec’s financial health;
(5)  seeing to it that Infrastructures technologiques Québec applies its code of ethics;
(6)  ensuring that Infrastructures technologiques Québec’s decisions or, more generally, its activities comply with the applicable laws, policies and directives; and
(7)  ensuring that the annual management report referred to in section 24 of the Public Administration Act (chapter A-6.01) contains the elements or information determined by the Conseil du trésor.
2020, c. 22020, c. 2, s. 2.
19. The audit committee meets at least twice a year and more often if necessary.
The committee may hold its meetings anywhere in Québec.
2020, c. 22020, c. 2, s. 2.
20. The audit committee may, in the exercise of its functions, require that any document or information used by Infrastructures technologiques Québec be communicated to the committee.
The officers, employees and mandataries of Infrastructures technologiques Québec must, on request, communicate those documents or that information to, and facilitate their examination by, the committee.
2020, c. 22020, c. 2, s. 2.
21. The audit committee is under the authority of the Chair of the Conseil du trésor.
The audit committee must inform the president and chief executive officer of Infrastructures technologiques Québec and the Chair of the Conseil du trésor on discovering non-compliant operations or practices.
2020, c. 22020, c. 2, s. 2.
22. The members of Infrastructures technologiques Québec’s personnel are appointed in accordance with the Public Service Act (chapter F-3.1.1).
2020, c. 22020, c. 2, s. 2.
CHAPTER IV
FINANCIAL PROVISIONS
2020, c. 2, s. 22020, c. 2, s. 2.
23. Infrastructures technologiques Québec finances the services it offers or provides out of the sums from the Government Infrastructure and Digital Services Fund. Infrastructures technologiques Québec’s administrative expenses are financed by the sums granted for that purpose by Parliament.
2020, c. 22020, c. 2, s. 2.
24. Infrastructures technologiques Québec determines the tariff of fees as well as the other forms of remuneration payable for the services it provides. The tariff and other forms of remuneration may vary according to the service provided or the clientele served.
The above forms of remuneration require the approval of the Conseil du trésor.
Infrastructures technologiques Québec publishes on its website, within a reasonable time, its rate schedule and any amendment to it.
2020, c. 22020, c. 2, s. 2.
25. Infrastructures technologiques Québec sends the Chair of the Conseil du trésor any information or any other report required by the Chair concerning Infrastructures technologiques Québec’s activities.
2020, c. 22020, c. 2, s. 2.
CHAPTER V
GOVERNMENT INFRASTRUCTURE AND DIGITAL SERVICES FUND
2020, c. 2, s. 22020, c. 2, s. 2.
26. A special fund to be known as the “Government Infrastructure and Digital Services Fund” is established at Infrastructures technologiques Québec.
2020, c. 22020, c. 2, s. 2.
27. The Fund is dedicated to financing public bodies’ common technology infrastructures and support systems, and the services offered or provided by Infrastructures technologiques Québec.
The financing of a technology infrastructure may cover its design, implementation, maintenance, evolution and operation.
2020, c. 22020, c. 2, s. 2.
28. The following are credited to the Fund:
(1)  the sums collected by Infrastructures technologiques Québec for the goods and services financed by the Fund;
(2)  the sums transferred to it by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (chapter A-6.001);
(3)  the sums transferred to it by a minister or by a budget-funded body listed in Schedule 1 to the Financial Administration Act out of the appropriations granted for that purpose by Parliament;
(4)  the gifts, legacies and other contributions paid into the Fund to further the achievement of its purposes; and
(5)  the interest earned on the sums credited to the Fund.
2020, c. 22020, c. 2, s. 2.
29. The sums required to pay any expense needed to finance the infrastructures, systems and services referred to in section 27, excluding Infrastructures technologiques Québec’s administrative expenses, are debited from the Fund.
2020, c. 22020, c. 2, s. 2.
30. Any surpluses accumulated by the Fund are transferred to the general fund on the dates and to the extent determined by the Government.
2020, c. 22020, c. 2, s. 2.
31. The president and chief executive officer is responsible for managing the Fund.
2020, c. 22020, c. 2, s. 2.
32. The Auditor General audits the Fund’s books and accounts each year and whenever ordered by the Government.
2020, c. 22020, c. 2, s. 2.
CHAPTER VI
TRANSITIONAL PROVISIONS
2020, c. 2, s. 22020, c. 2, s. 2.
33. Infrastructures technologiques Québec replaces the Centre de services partagés du Québec with respect to the functions entrusted to it by this Act; it acquires the latter’s rights and assumes its obligations.
The assets and liabilities of the Centre de services partagés du Québec with respect to the functions entrusted to Infrastructures technologiques Québec by this Act are identified by the Chair of the Conseil du trésor. The assets and liabilities are divided between Infrastructures technologiques Québec and the Government Infrastructure and Digital Services Fund as follows:
(1)  the assets and liabilities related to administrative activities are transferred to Infrastructures technologiques Québec; and
(2)  the assets and liabilities related to the services offered or provided by Infrastructures technologiques Québec to its clientele are transferred to the Government Infrastructure and Digital Services Fund.
The assets and liabilities are divided according to the value and on the conditions determined by the Government.
The sums necessary to provide for the payment of the liabilities referred to in subparagraph 1 of the second paragraph are taken out of the Consolidated Revenue Fund.
2020, c. 22020, c. 2, s. 2.
34. Records, archives and other documents of the Centre de services partagés du Québec that are related to the functions entrusted to Infrastructures technologiques Québec by this Act become the latter’s records, archives and documents.
2020, c. 22020, c. 2, s. 2.
35. Calls for tenders published on 31 August 2020 in the electronic tendering system approved by the Government for the purposes of the Act respecting contracting by public bodies (chapter C-65.1), under the responsibility of the Centre de services partagés du Québec and related to the functions entrusted to Infrastructures technologiques Québec by this Act, are continued under the latter’s responsibility, without interruption.
2020, c. 22020, c. 2, s. 2; I.N. 2020-06-14.
36. Until the date of coming into force of the first decision by the Conseil du trésor made in accordance with the third paragraph of section 3, Infrastructures technologiques Québec provides services to clients that, on 31 August 2020, were served by the Centre de services partagés du Québec, but only to the extent that those services are related to the functions entrusted to Infrastructures technologiques Québec by this Act.
2020, c. 22020, c. 2, s. 2; I.N. 2020-06-14.
37. The project called “Programme de consolidation des centres de traitement informatique et de l’optimisation du traitement et du stockage” and referred to in Order in Council 38-2019 dated 29 January 2019 continues under the same conditions, under the aegis of Infrastructures technologiques Québec.
2020, c. 22020, c. 2, s. 2.
38. Employees of the Centre de services partagés du Québec who are assigned to functions related to those entrusted to Infrastructures technologiques Québec by this Act and are identified by the Chair of the Conseil du trésor not later than 31 August 2020 become without further formality employees of Infrastructures technologiques Québec.
2020, c. 22020, c. 2, s. 2; I.N. 2020-06-14.
39. The expenditure and investment estimates for the Government Infrastructure and Digital Services Fund, set out in Schedule I, are approved for the fiscal year 2020‑2021.
2020, c. 22020, c. 2, s. 2.
CHAPTER VII
MISCELLANEOUS AND FINAL PROVISIONS
2020, c. 2, s. 22020, c. 2, s. 2.
40. Unless the context indicates otherwise or this Act provides otherwise, in any Act and any other document
(1)  a reference to the Centre de services partagés du Québec is a reference to Infrastructures technologiques Québec, with respect to the functions entrusted to the latter by this Act; and
(2)  a reference to the Act respecting the Centre de services partagés du Québec (chapter C-8.1.1) or any of its provisions is a reference to this Act or the corresponding provision of this Act, with respect to the functions entrusted to Infrastructures technologiques Québec by this Act.
2020, c. 22020, c. 2, s. 2.
41. The Secretary of the Conseil du trésor may, until the date preceding the date Infrastructures technologiques Québec’s first president and chief executive officer takes office, enter into, on behalf of Infrastructures technologiques Québec, any contract the Secretary considers necessary to ensure the establishment of Infrastructures technologiques Québec and promote the smooth conduct of its activities and operations. For those purposes, the Secretary may make any necessary financial commitment in the amount and for the duration the Secretary considers appropriate.
2020, c. 22020, c. 2, s. 2.
42. The Chair of the Conseil du trésor is responsible for the administration of this Act.
2020, c. 22020, c. 2, s. 2.
SCHEDULE I
(Section 39)
GOVERNMENT INFRASTRUCTURE AND DIGITAL SERVICES FUND
2020–2021 EXPENDITURE AND INVESTMENT ESTIMATES
(in thousands of dollars)
 2020–2021
Revenues400,000
Expenditures400,000
Surplus (deficit) for the fiscal year 
Investments
Balance of loans or advances75,000
2020, c. 2, s. 22020, c. 2, s. 2.