M-14.1 - Act respecting the Ministère de l’Économie et de l’Innovation

Full text
chapter M-14.1
Act respecting the Ministère de l’Économie et de l’Innovation
ECONOMY AND INNOVATIONDecember 11 2019December 11 2019
LE PARLEMENT DU QUÉBEC DÉCRÈTE CE QUI SUIT :
CHAPTER I
MINISTER’S MISSION AND RESPONSIBILITIES
2019, c. 29, s. 12019, c. 29, s. 1.
DIVISION I
GENERAL PROVISIONS
2019, c. 29, s. 12019, c. 29, s. 1.
1. The Minister of Economy and Innovation, appointed under the Executive Power Act (chapter E-18), has the direction of the Ministère de l’Économie et de l’Innovation.
2019, c. 292019, c. 29, s. 1.
2. The Minister’s mission is, as regards the economy, to support entrepreneurship, acquisition entrepreneurship, the growth of enterprises in all of Québec’s regions, and the development of their markets in Québec, elsewhere in Canada or abroad, as well as the growth of investment, in Québec, of capital sourced in Québec, elsewhere in Canada or abroad. The Minister must also see to the implementation of measures aimed at increasing enterprises’ productivity in Québec.
The Minister’s mission is also, as regards innovation, to contribute, in all circles, to the development of research, science, innovation and technology, and to encourage the adoption and commercialization of innovations, in particular when they foster the growth of enterprises, an increase in their productivity or the development of their markets in Québec, elsewhere in Canada or abroad.
As part of his or her mission, the Minister contributes to implementing sustainable development by promoting, more particularly, in respect of all of Québec’s regions, access to knowledge, job maintenance and creation, the social economy, the creation of collective wealth, social progress, respect for the environment and the achievement of the Government’s objectives as regards the electrification of the economy and the fight against climate change.
2019, c. 292019, c. 29, s. 1.
3. The Minister develops general policies for economic development and proposes them to the Government. He or she also determines the sectors of the economy in which he or she intends to act as a matter of priority and advises the Government and government departments and bodies on all matters falling within his or her mission.
The Minister must, in matters of regional economic development and in all other matters falling within his or her mission, ensure that government actions in Québec and elsewhere are cohesive and concordant and must, to that end, take part in the development of measures and ministerial decisions and give an opinion whenever appropriate.
The Minister must also increase the effectiveness of initiatives relating to those matters by promoting the concordance, simplification and accessibility of entrepreneurship, acquisition entrepreneurship and innovation support services.
2019, c. 292019, c. 29, s. 1.
4. The Minister must set objectives and develop policies, development strategies and programs to ensure the carrying out of his or her mission while promoting synergy among the players concerned. Such objectives, policies, development strategies and programs must take into account the specific characteristics of the regions concerned.
The Minister may also, to that end, take any other useful measures. He or she may, in particular, offer assistance for entrepreneurs and financial or technical support for the carrying out of actions or projects, subject to the conditions he or she determines within the framework of government policy directions and policies and, in certain cases, with the Government’s authorization.
The Minister is responsible for the sums he or she entrusts to a local authority or to any other organization with which he or she acts in concert within the framework of a measure and may administer the other sums entrusted to him or her to ensure the carrying out of any economic development project or project to support research or innovation.
2019, c. 292019, c. 29, s. 1.
5. The Minister is responsible for implementing the policies, development strategies and programs he or she establishes and the other measures he or she takes.
The Minister may, however, entrust such implementation, in whole or in part, to Investissement Québec, by a mandate given under its constituting Act. The Minister oversees its implementation.
If a body or a government department, other than Investissement Québec, is involved, the Minister must coordinate the performance of the mandate and the collaboration of all the players concerned.
2019, c. 292019, c. 29, s. 1.
6. The Minister is responsible for the administration of the Acts assigned to him or her and assumes any other responsibility conferred on him or her by the Government.
2019, c. 292019, c. 29, s. 1.
7. In exercising his or her responsibilities and taking charge of the coordination of the players concerned, the Minister may, in particular,
(1)  obtain from government departments and bodies the information the Minister considers necessary;
(2)  enter into agreements with any person, association, partnership or body;
(3)  facilitate the development and signing of agreements, particularly between bodies and between government departments and bodies;
(4)  enter into agreements, in accordance with the applicable legislative provisions, with a government other than that of Québec or a department or body of such a government, or with an international organization or a body of such an organization; and
(5)  conduct or commission research, studies and analyses and make them public.
2019, c. 292019, c. 29, s. 1.
8. The Minister may make regulations to
(1)  prescribe the fees payable for any act performed or document issued by the Minister; and
(2)  prescribe the fees, costs or other compensation payable for the services provided by the Minister.
2019, c. 292019, c. 29, s. 1.
9. The Minister tables the department’s annual management report before 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.
2019, c. 292019, c. 29, s. 1.
DIVISION II
TRADE POLICY AND RELATIONS
2019, c. 29, s. 12019, c. 29, s. 1.
10. In carrying out his or her mission as regards the economy, the Minister must, in particular, foster Québec enterprises’ participation in Canadian internal trade and in international trade.
The Minister is therefore responsible for
(1)  developing, negotiating, coordinating and implementing the Government’s trade policy;
(2)  planning and organizing the trade-related action of the Government, of its departments and of its bodies, steering that action and coordinating their activities in connection with such matters;
(3)  taking the lead in the negotiation of Canadian intergovernmental trade agreements and seeing to their implementation by the government departments concerned;
(4)  promoting and defending Québec’s interests during the negotiation of any international trade agreement and obtaining gains the Minister considers satisfactory when entering into such an agreement;
(5)  seeing to the implementation in Québec, by the government departments concerned, of the agreements referred to in subparagraph 4;
(6)  coordinating, organizing and implementing the defence of Québec’s interests in trade disputes, subject to the settlement and conduct, by the Attorney General, of all litigation against the State in relation to such a dispute, and doing so in collaboration with the government departments and bodies concerned and, if applicable, the other governments in Canada and abroad;
(7)  conducting research, studies and analyses on countries and their economic situation and potential to assess opportunities for developing Québec innovations or other Québec products and services in, or exporting them to, those countries, and for promoting foreign investments from those countries in Québec;
(8)  in complementarity with players having developed expertise in such matters, providing enterprises and bodies with support, in Québec, elsewhere in Canada and abroad, in enhancing, commercializing and promoting their innovations and their other products and services, in particular through missions, consulting services, internships, trade shows or financial assistance programs, and coordinating the activities of the government departments and bodies concerned; and
(9)  providing the Government with opinions, other than those within the purview of the Minister of Justice, on the compliance of measures, programs or other government interventions with trade agreements.
The Minister exercises the responsibilities conferred on him or her by this Act as regards international trade in keeping with the functions and powers of the Minister of International Relations; the Minister must consult with and inform the latter in conducting trade relations and negotiations and must also ensure the participation of the department’s representatives in the liaison committee established under section 18.1 of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1).
2019, c. 292019, c. 29, s. 1.
11. The Minister is responsible, in collaboration with the ministers concerned, for seeing to the establishment of a deployment plan to coordinate the activities under the Minister’s responsibility as regards international trade and foreign investment prospecting with those under the responsibility of the Minister of International Relations.
The deployment plan must cover, in particular, the regions, markets and sectors to be prioritized and the economy- and trade-related ministerial missions to be held.
The plan is established in such a manner as to promote complementarity with bodies having expertise in international trade and foreign investment prospecting.
2019, c. 292019, c. 29, s. 1.
12. The deployment plan is devised by the Minister and the Minister of International Relations; it is integrated into the deployment plan provided for in section 11.1 of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1) for Québec’s international action.
The delegates general, the delegates and the persons in charge of any other form of Québec representation abroad must be consulted.
The Minister consults bodies having expertise in international trade and foreign investment prospecting.
2019, c. 292019, c. 29, s. 1.
13. The Minister may require any government department or any body to produce any document and to disclose any information the Minister considers useful to the exercise of his or her responsibilities in relation to trade disputes.
Despite section 3.8 of the Act respecting the Ministère du Conseil exécutif (chapter M-30), the Minister may, in exercising his or her responsibilities, acting alone and without the approval of the Government, enter into any confidentiality agreement that is a Canadian intergovernmental agreement to which that section applies.
2019, c. 292019, c. 29, s. 1.
DIVISION III
INNOVATION
2019, c. 29, s. 12019, c. 29, s. 1.
14. In carrying out his or her mission as regards innovation, the Minister is responsible for
(1)  promoting research in all its forms, including fundamental research, science, innovation and technology and fostering, in those fields, concerted action between the various players, cohesive government action and the expansion of Québec’s influence both elsewhere in Canada and abroad;
(2)  contributing to developing, supporting and enhancing those fields, a scientific culture, as well as a culture of innovation and scientific knowledge, in all segments of the population of Québec;
(3)  seeing to the enhancement and quality of research activities and fostering their integrity, in particular by seeking to ensure the coordination and cohesiveness of government departments’ and bodies’ activities in the fields of research and innovation;
(4)  supporting academic circles and research centres, including college centres for technology transfer, that contribute to the development of research, science, innovation or technology;
(5)  promoting interactions between persons and enterprises taking part in research, the transfer of their knowledge and the commercialization of the results of such research; and
(6)  supporting enterprises during the stages leading up to the commercialization of their innovations and promoting the adoption of such innovations in Québec.
2019, c. 292019, c. 29, s. 1.
CHAPTER II
ORGANIZATION OF THE DEPARTMENT
2019, c. 29, s. 12019, c. 29, s. 1.
15. The Government appoints a person as Deputy Minister of the Ministère de l’Économie et de l’Innovation in accordance with the Public Service Act (chapter F-3.1.1).
2019, c. 292019, c. 29, s. 1.
16. Under the Minister’s direction, the Deputy Minister administers the department.
In addition, the Deputy Minister performs any other function assigned to him or her by the Government or the Minister.
2019, c. 292019, c. 29, s. 1.
17. The Deputy Minister has the Minister’s authority in the exercise of his or her functions.
2019, c. 292019, c. 29, s. 1.
18. The Deputy Minister may, in writing and to the extent he or she specifies, delegate the exercise of his or her functions under this Act to a public servant or to the holder of a position.
The Deputy Minister may, in the instrument of delegation, authorize the subdelegation of the functions he or she specifies; in such a case, he or she identifies the public servant or holder of a position to whom they may be subdelegated.
2019, c. 292019, c. 29, s. 1.
19. The personnel of the department consists of the public servants required for the exercise of the Minister’s responsibilities; they are appointed in accordance with the Public Service Act (chapter F-3.1.1).
The Minister determines those public servants’ duties if they are not determined by law or by the Government.
2019, c. 292019, c. 29, s. 1.
20. The Minister’s or Deputy Minister’s signature gives authority to any document emanating from the department.
No deed, document or writing is binding on the Minister or may be attributed to the Minister unless it is signed by him or her, the Deputy Minister, a member of the personnel of the department or the holder of a position but, in the latter two cases, only to the extent determined by regulation of the Minister.
2019, c. 292019, c. 29, s. 1.
21. The Minister may, by regulation and on the conditions he or she determines, allow a signature to be affixed by means of an automatic device or of any other information technology-based process.
2019, c. 292019, c. 29, s. 1.
22. A document or reproduction 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 20, is authentic.
2019, c. 292019, c. 29, s. 1.
CHAPTER III
FINAL AND TRANSITIONAL PROVISIONS
2019, c. 29, s. 12019, c. 29, s. 1.
23. Unless the context indicates otherwise and with the necessary modifications, in any other Act and in any regulation or other document,
(1)  a reference to the Minister or Deputy Minister of Economic Development, Innovation and Export Trade or to the Ministère du Développement économique, de l’Innovation et de l’Exportation is a reference to the Minister or Deputy Minister of Economy and Innovation and to the Ministère de l’Économie et de l’Innovation; and
(2)  a reference to the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01) or to any of its provisions is a reference to the Act respecting the Ministère de l’Économie et de l’Innovation (chapter M-14.1) or to the corresponding provision of that Act.
The first paragraph does not apply to section 965.36.1, the definitions of “recognized business” and “qualified corporation” in the first paragraph of section 1029.8.36.72.1, subparagraph b of the third paragraph of section 1129.12.24, the definitions of “eligible contract” and “eligible vessel” in section 1130 and section 1137 of the Taxation Act (chapter I-3).
2019, c. 292019, c. 29, s. 1.
24. The Terms and conditions for the signing of certain deeds, documents and writings of the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01, r. 5) remain in force until replaced or repealed by a regulation made under this Act.
2019, c. 292019, c. 29, s. 1.
25. This Act replaces the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01).
2019, c. 292019, c. 29, s. 1.