S-17.1 - Act respecting the Société immobilière du Québec

Replaced on 13 November 2013

This document has official status.

chapter S-17.1

Act respecting the Société immobilière du Québec

Chapter S-17.1 is replaced by the Public Infrastructure Act (chapter I-8.3). (2013, c. 23, s. 166).

2013, c. 23, s. 166.

DIVISION I ESTABLISHMENT AND COMPOSITION OF THE SOCIÉTÉ

1999, c. 40, s. 295.

1. A joint-stock company, hereinafter called “the Société”, is incorporated under the name of the “Société immobilière du Québec”.

1983, c. 40, s. 1; 1999, c. 40, s. 295.

2. The head office of the Société is in the territory of Ville de Québec; a notice of the location or any change of location of the head office is published in the Gazette officielle du Québec.

The Société may hold its sittings anywhere in Québec.

1983, c. 40, s. 2; 1999, c. 40, s. 295; 2000, c. 56, s. 220.

3. The Société enjoys the rights and privileges of a mandatary of the State.

The property of the Société forms part of the domain of the State, but the performance of its obligations may be levied against its property.

The Société binds only itself when it acts in its own name.

1983, c. 40, s. 3; 1999, c. 40, s. 295.

4. The Société is administered by a board of directors consisting of 11 members, including the chair and the president and chief executive officer.

The Government appoints the members of the board of directors, other than the chair and the president and chief executive officer, taking into consideration the expertise and experience profiles approved by the board. Board members, two of whom must have an appropriate profile for the health and social services sector, are appointed for a term of up to four years.

1983, c. 40, s. 4; 1999, c. 40, s. 295; 2007, c. 28, s. 1; 2011, c. 16, s. 166.

5. Not fewer than eight members must be domiciled in Québec.

1983, c. 40, s. 5; 2011, c. 16, s. 167.

6. The Government appoints the chair of the board of directors for a term of up to five years.

1983, c. 40, s. 6; 1999, c. 40, s. 295; 2007, c. 28, s. 2.

7. On the recommendation of the board of directors, the Government appoints the president and chief executive officer, taking into consideration the expertise and experience profile approved by the board.

The president and chief executive officer is appointed for a term of up to five years. The office of president and chief executive officer is a full-time position.

1983, c. 40, s. 7; 2007, c. 28, s. 3.

7.1. If the board of directors does not recommend a candidate for the position of president and chief executive officer in accordance with section 7 within a reasonable time, the Government may appoint the president and chief executive officer after notifying the board members.

2007, c. 28, s. 3.

7.2. If the president and chief executive officer is absent or unable to act, the board of directors may designate a member of the Société’s personnel to exercise the functions of that position.

2007, c. 28, s. 3.

8. Each member of the board of directors remains in office at the expiry of his term until he is replaced or reappointed.

A vacancy on the board of directors is filled in accordance with the rules of appointment to the board.

Non-attendance at a number of board meetings determined by by-law of the Société constitutes a vacancy in the cases and circumstances specified in the by-law.

1983, c. 40, s. 8; 2007, c. 28, s. 4.

9. A majority of the members of the board of directors, including the chair, forms a quorum.

1983, c. 40, s. 9; 2007, c. 28, s. 16.

10. (Repealed).

1983, c. 40, s. 10; 1986, c. 52, s. 25; 1999, c. 40, s. 295; 2007, c. 28, s. 5.

11. The Government determines the remuneration, employee benefits and other conditions of employment of the president and chief executive officer.

The other members of the board of directors are not remunerated except in the cases, on the conditions and to the extent determined by the Government. They are, however, entitled to the reimbursement of expenses made in the performance of their duties on the conditions and to the extent determined by the Government.

Where such is the case, the members of the board of directors are paid out of the revenues of the Société.

1983, c. 40, s. 11; 1989, c. 12, s. 1; 1999, c. 40, s. 295; 2007, c. 28, s. 6.

12. In no case may an employee of the Société, under pain of forfeiture of office, have a direct or indirect interest in any undertaking causing his personal interest to conflict with that of the Société. However, forfeiture is not incurred where the interest devolves to him by succession or gift, provided he renounces or disposes of it with dispatch.

1983, c. 40, s. 12; 1999, c. 40, s. 295; 2007, c. 28, s. 7.

13. (Repealed).

1983, c. 40, s. 13; 1999, c. 40, s. 295; 2007, c. 28, s. 8.

14. The secretary and the other employees of the Société are appointed in the manner provided and in accordance with the staffing plan established by by-law of the Société.

Subject to the provisions of a collective agreement, the Société shall determine, by resolution, the standards and scales of remuneration, employee benefits and other conditions of employment of the members of its personnel in accordance with the conditions defined by the Government.

1983, c. 40, s. 14; 1999, c. 40, s. 295; 2000, c. 8, s. 208.

15. The Société may make any by-law concerning the exercise of its powers and its internal management.

By-laws made in accordance with this division, except those made under section 14 and internal management by-laws, come into force on the date of their approval by the Government or on any later date it determines.

The by-laws do not require confirmation by the shareholders.

1983, c. 40, s. 15; 1999, c. 40, s. 295; 2000, c. 8, s. 209; 2007, c. 28, s. 9.

16. The minutes of the sittings of the board of directors, approved by the board and certified by the chair of the board, the president and chief executive officer or any other person authorized to do so by the Société’s by-laws are authentic. The same applies to documents and copies emanating from the Société and forming part of its records, if they are so certified.

1983, c. 40, s. 16; 1999, c. 40, s. 295; 2007, c. 28, s. 10.

17. No document is binding on the Société unless it is signed by the president and chief executive officer or, in the cases determined by by-law of the Société, a person designated by the Société.

The Société, by by-law, may, on the conditions it determines, allow a required signature to be affixed by means of an automatic device to the documents it determines, or a facsimile of a signature to be engraved, lithographed or printed on them.

1983, c. 40, s. 17; 1989, c. 12, s. 2; 1999, c. 40, s. 295; 2007, c. 28, s. 15.

DIVISION II OBJECTS AND POWERS OF THE SOCIÉTÉ

1999, c. 40, s. 295.

18. The objects of the Société are, for a consideration, to place immovables at the disposal of the government departments and agencies and to provide services to them in the construction and operation of buildings and in property management. For these purposes, it may, in particular,

(1)  acquire by agreement any immovable, part of an immovable or real right;

(2)  build, lease, maintain and hold any immovable;

(3)  sell, alienate, or give as security any movable or immovable property and any rights therein;

(4)  equip and furnish immovables and, for that purpose, acquire, lease, maintain and hold any movable property.

1983, c. 40, s. 18; 1999, c. 40, s. 295.

19. From 25 September 1984, every department and public body entered on a list established by government order shall deal exclusively with the Société for purposes of the objects stated in section 18, excepting the immovable property operations and services excluded by the order in the case of any particular department or agency or any of their administrative units.

This section does not result in the cancellation of any contract or irrevocable offer made by such a department or agency before 25 September 1984.

1983, c. 40, s. 19; 1999, c. 40, s. 295.

20. The Société may put at the disposal of any body, other than a body contemplated in the list drawn up in accordance with section 19, premises it considers surplus.

The Société may also enter into agreements with the body, in the cases determined by the Government, respecting the other activities and services of the Société referred to in section 18.

1983, c. 40, s. 20; 1999, c. 40, s. 295.

20.1. The Société’s objects in respect of health and social service providers, and for a consideration, are

(1)  to offer those providers and the Minister of Health and Social Services technical, contractual and financial expertise relating to the management, construction, maintenance and acquisition of health and social sector installations, equipment and infrastructures;

(2)  to own movable and immovable property used or to be used by health and social service providers;

(3)  to provide financial support to health and social service providers for the carrying out of projects, activities or particular operations falling within the scope of their mission;

(4)  to develop property management expertise in the health and social sector in partnership with the private sector;

(5)  at the request of the Minister of Health and Social Services, to transfer the ownership of any vacant immovable or other unused asset owned by the Société under subparagraph 2, subject to the conditions agreed between that Minister and the Société; and

(6)  to carry out any other mandate the Minister of Health and Social Services entrusts to it.

For those purposes, it may, among other things, exercise its powers under paragraphs 1 to 3 of section 18, except the power to maintain an immovable occupied by a public or private institution under agreement within the meaning of either of the Acts mentioned in the fourth paragraph.

Section 260, paragraph 3 of section 263 and sections 263.1 and 264 of the Act respecting health services and social services (chapter S-4.2) apply, with the necessary modifications, to the property management operations the Société carries out under this section.

For the purposes of this Act, health and social services institutions, agencies and regional councils governed by the Act respecting health services and social services or the Act respecting health services and social services for Cree Native persons (chapter S-5) and any other person, partnership or association designated for that purpose by the Minister of Health and Social Services or the Government are health and social service providers.

2011, c. 16, s. 168.

20.2. The Société shall act as the manager of any project requiring authorization from the Minister of Health and Social Services and the Conseil du trésor and described in subparagraph 2 of the first paragraph of section 260 of the Act respecting health services and social services (chapter S-4.2) or subparagraph 1 of the first paragraph of section 72 of the Act respecting health services and social services for Cree Native persons (chapter S-5), whether the project concerns a public institution or a private institution under agreement, as well as any project of a health and social services agency requiring approval from that Minister.

The Minister of Health and Social Services may, however, if circumstances warrant it, authorize another manager for such a project.

If the Société acts, under this section, as manager of a project concerning a public institution or a health and social services agency and the project is a public infrastructure project within the meaning of the Act respecting Infrastructure Québec (chapter I-8.2), the first four paragraphs of section 9 of that Act apply to the Société, which remains responsible for the project and retains control over it.

2011, c. 16, s. 168.

20.3. A health and social service provider may entrust asset maintenance work to the Société on entering into an agreement to that effect with the Société. However, an agreement for the performance of all or the major part of asset maintenance work on a facility maintained by a provider must first be authorized by the Minister of Health and Social Services. “Asset maintenance” has the meaning assigned to it by the second paragraph of section 263.1 of the Act respecting health services and social services (chapter S-4.2).

2011, c. 16, s. 168.

20.4. The Société and the Minister of Health and Social Services shall enter into a management agreement applicable to the property management operations the Société carries out under sections 20.1 and 20.2.

2011, c. 16, s. 168.

20.5. The rent of an immovable belonging to the Société the lessee of which is a health and social service provider is based on the actual costs the Société assumes for the immovable. As of the total repayment of the debt service, the rent of an immovable corresponds to the amount required to repay the actual costs assumed from then on by the Société in respect of the immovable.

The composition of the actual costs referred to in the first paragraph is determined in the management agreement entered into under section 20.4.

2011, c. 16, s. 168.

20.6. In carrying out the objects described in sections 20.1 and 20.2, the Société shall act in accordance with the orientations determined by the Minister of Health and Social Services under section 431 of the Act respecting health services and social services (chapter S-4.2) and the management agreement required under section 20.4.

2011, c. 16, s. 168.

21. A further object of the Société is to build and develop a convention centre in Montréal.

The Société may also take part in the construction, development and operation of Place Desjardins in Montréal.

For the purposes of the second paragraph, the Société may, with prior approval of the Government,

(1)  acquire and hold shares of the capital stock or other securities of Place Desjardins Inc.;

(2)  transfer the shares or other securities to the Caisse de dépôt et placement du Québec or to any legal person established in the public interest, to any public body or to la Fédération des caisses Desjardins du Québec or a holding company controlled by that federation, or to Place Desjardins Inc.;

(3)  associate with any legal person established in the public interest, any public body or any body of the Mouvement Desjardins for the attainment of the objects set forth in the second paragraph;

(4)  guarantee the completion of the work of construction and development of Place Desjardins;

(5)  advance to Place Desjardins Inc. any amount considered necessary, at such rate of interest, for such time and on such other conditions as the Société deems appropriate;

(6)  give any other guarantees or undertakings in respect of the work or its financing or resulting therefrom; and,

(7)  for purposes of the foregoing paragraphs, make such agreements as the Société deems appropriate.

1983, c. 40, s. 21; 1992, c. 2, s. 1; 1999, c. 40, s. 295; 2000, c. 29, s. 671.

22. The Société shall also carry out any other mandate related to the objects of the Société and entrusted to it by the Government where the whole or part of the related costs are assumed by the Government.

The order conferring a mandate under this section must be tabled, within 15 days after it is made, before the National Assembly if it is in session or, if it is not sitting, within 15 days after the opening of the next session or resumption.

1983, c. 40, s. 22; 1999, c. 40, s. 295.

22.1. The Société may, in accordance with the applicable legislative provisions, enter into an agreement with a government other than that of Québec, with a department of such a government, with an international organization or with a body of such a government or organization.

The Société may, in the same manner, enter into an agreement and take part in joint projects with a Québec government department or body or with any person or body.

2011, c. 16, s. 169.

22.2. If a public institution referred to in an Act mentioned in the fourth paragraph of section 20.1 must provide for the financing of major expenditures resulting from the carrying out of an investment project related to the institution’s installations or infrastructures, the Government may, on the recommendation of the Minister of Health and Social Services, if it considers that the circumstances so warrant and on the terms and conditions it determines, authorize the institution, despite any provision to the contrary,

(1)  to transfer any property it owns to the Société to enable the Société to carry out any planned investment project, and to receive, as consideration, the sum necessary for the payment of any debt relating to the transferred property;

(2)  to lease any property transferred to the Société in return for a rent that ensures the repayment of the principal of and interest on any sum transferred to the institution by the Société or paid by the Société for the carrying out of an investment project;

(3)  to resume, if necessary, ownership of the property upon expiry of a lease entered into under subparagraph 2.

The Act respecting duties on transfers of immovables (chapter D-15.1) does not apply to a transfer or resumption of ownership of property referred to in this section.

2011, c. 16, s. 169.

23. The Société, with the authorization of the Government, may expropriate property of any kind that is necessary for the carrying out of its objects and mandates.

1983, c. 40, s. 23; 1999, c. 40, s. 295.

DIVISION III FINANCIAL PROVISIONS

§ 1 . — Capital structure

24. The authorized capital of the Société is $300,000,000.

It is divided into 300,000 shares with a par value of $1,000 each.

1983, c. 40, s. 24; 1999, c. 40, s. 295; 2011, c. 16, s. 170.

25. The shares of the Société form part of the domain of the State and are allotted to the Minister of Finance.

1983, c. 40, s. 25; 1999, c. 40, s. 295.

§ 2 . — Transfer of property forming part of the domain of the State

1999, c. 40, s. 295.

26. The Société, from the date and according to the terms and conditions determined by the Government, becomes the owner of the property forming part of the domain of the State that is administered by the Ministère des Travaux publics et de l’Approvisionnement on that date, except the Parliament Building, the Pamphile-LeMay building, the Honoré-Mercier building and any movable property therein and any other immovable or movable property determined by the Government.

The Government, on the conditions it determines, may transfer to the Société the ownership of any other property forming part of the domain of the State.

The Société shall assume the obligations and acquires the rights of the Government in respect of the. However, the Société and the Government are solidarily liable for the current building contracts for which the Ministère des Travaux publics et de l’Approvisionnement is responsible on that date.

1983, c. 40, s. 26; 1999, c. 40, s. 295.

27. The Government shall determine, by order, the value of the property transferred under section 26, except the sums receivable and the sums payable, which are transferred at their book value on the date of transfer.

The net value of the sums receivable and payable contemplated in the first paragraph is covered by an acknowledgement of debt between the Société and the Minister of Finance.

The amount of the acknowledgement of debt is payable within 180 days of the date of transfer contemplated in section 26. The other terms and conditions shall be determined by the Government.

1983, c. 40, s. 27; 1999, c. 40, s. 295.

28. The Société shall pay to the Government, on the date the Government determines, the value of the immovable property contemplated in section 26 which was under construction between 1 April 1983 and 14 March 1984.

The Société shall also pay to the Government, on the date the Government determines, the value of the new movable property in stock in the custody of the Ministère des Travaux publics et de l’Approvisionnement on the date of the transfer contemplated in section 26.

1983, c. 40, s. 28; 1999, c. 40, s. 295.

29. The Société shall sign, in favour of the Minister of Finance, a note in the amount of

(1)  the value of the property transferred, excluding the value of sums receivable and payable, less

(2)  the value of the property contemplated in section 28 and the value of the fully-paid shares of the Société on the date of the transfer for which the Government ordered payment in property.

The amount of the note and the value of the shares mentioned in subparagraph 2 of the first paragraph decrease the net debt of the Government, as defined in the public accounts prepared under the Financial Administration Act (chapter A-6).

The note is payable on demand to the Minister of Finance, including by the delivery of shares of the Société or by setting off against any sum the Government may owe to the Société, and includes any other terms and conditions determined by the Government.

1983, c. 40, s. 29; 1999, c. 40, s. 295.

30. The Société may register a statement including the description, in accordance with Chapter I of Title Four of Book Nine of the Civil Code, of any immovable of which the Société has become the owner under the first or second paragraph of section 26, and the registrar is bound to register the statement.

1983, c. 40, s. 30; 1999, c. 40, s. 295; 2000, c. 42, s. 223.

§ 3 . — Financing

31. The shares of the Société are fully paid if, by order of the Government,

(1)  the Minister of Finance pays to the Société, out of the Consolidated Revenue Fund, the amount of $100,000,000 for 100,000 shares of its capital stock, or if

(2)  the property the ownership of which is transferred in accordance with section 26 of this Act is allocated to full payment for the shares of the Société.

However, the Government may order that the consideration will be paid, to the extent it indicates, both in cash and in property.

The payment in cash contemplated in this section may be made in one or several instalments, the amount and the terms and conditions of which are determined by the Government.

The Société shall issue share certificates to the Minister of Finance in return for payments made in accordance with this section, as when they are made, where such is the case.

1983, c. 40, s. 31; 1999, c. 40, s. 295.

32. The Government may, on the conditions and modalities it determines,

(1)  guarantee the payment in principal and interest of any loan made to the Société;

(2)  guarantee the execution of any other obligation of the Société;

(3)  authorize the Minister of Finance to advance to the Société any amount considered necessary for the pursuit of its objects.

Amounts required for the carrying out of this section are taken out of the Consolidated Revenue Fund.

1983, c. 40, s. 32; 1999, c. 40, s. 295.

32.1. For the achievement of the objects described in section 20.1, the Société may deposit with the Minister of Finance, to be managed by that Minister, sums intended for the payment of the principal of any loan, in order to constitute a sinking fund for the purpose of repaying the principal at the maturity dates of the loan.

The second paragraph of section 469 of the Act respecting health services and social services (chapter S-4.2) applies in respect of the use of the revenue of the sinking fund.

2011, c. 16, s. 171.

33. In no case may the Société, without the authorization of the Government,

(1)  contract a loan that increases the aggregate of its outstanding loans to more than the amount determined by the Government;

(2)  enter into a contract for a term and an amount exceeding those determined by the Government;

(3)  acquire or hold over 50% of the shares of a legal person or a sufficient percentage of them to elect the majority of the directors of that legal person;

(4)  acquire, lease or otherwise alienate an immovable for an amount exceeding the amount determined by the Government;

(5)  accept a gift or legacy to which a charge or condition is attached.

The order of the Government regarding any matter contemplated in subparagraph 2 or 3 of the first paragraph must be tabled, within 15 days after it is made, in the National Assembly if it is in session or, if it is not sitting, within 15 days of the opening of the next session or resumption.

1983, c. 40, s. 33; 1999, c. 40, s. 295; 2011, c. 16, s. 172.

DIVISION IV SPECIAL POWERS AND DUTIES AND CONDITIONS OF EXERCISE

34. The Government may, by regulation,

(1)  fix rules respecting public tenders, the awarding of contracts and the other conditions necessary for the carrying out of the objects and mandates of the Société;

(2)  determine to what extent and on what conditions the Société is subject to the Act respecting the Centre de services partagés du Québec (chapter C-8.1.1).

Regulations made under this section come into force ten days after their publication in the Gazette officielle du Québec or on any later date determined therein.

1983, c. 40, s. 34; 1999, c. 40, s. 295; 2005, c. 7, s. 92; 2006, c. 29, s. 49.

35. The Société is required to deposit in the deposit office contemplated in the Deposit Act (chapter D-5) an amount equal to the amount of money paid annually by the Government to municipalities to stand in lieu of

(1)  the municipal real estate taxes in respect of an immovable owned by the Société;

(2)  the business taxes in respect of a business establishment in which the Société carries on its activities in an immovable owned by the Société;

(3)  taxes other than real estate taxes, compensations and tariffs imposed by a municipality on the Société as the owner of an immovable.

The sums shall be paid by the Minister of Finance to municipalities at the request of the person designated pursuant to paragraph 2 of section 262 of the Act respecting municipal taxation (chapter F-2.1) and in the manner indicated by the person.

The sums paid by the Minister of Finance stand in lieu of the sums paid by the Government pursuant to sections 254 and 257 of the Act respecting municipal taxation for the immovables and business establishments owned by the Société.

1983, c. 40, s. 35; 1984, c. 47, s. 202; 1991, c. 32, s. 259; 1996, c. 2, s. 924; 1999, c. 40, s. 295.

36. From 1 July 1984, the Société shall pay to every school board an amount of money to stand in lieu of the school taxes in respect of an immovable owned by the Société, unless the immovable is used or intended to be used by a person mentioned in subparagraph a of paragraph 14 of section 204 of the Act respecting municipal taxation (chapter F-2.1). The amount paid is equal to the aggregate of the school taxes that would be exigible if the immovable were not exempt from school taxes.

1983, c. 40, s. 36; 1988, c. 84, s. 681; 1999, c. 40, s. 295; 2011, c. 16, s. 173.

37. Dividends paid by the Société are fixed by the Government and not by the directors.

1983, c. 40, s. 37; 1999, c. 40, s. 295.

38. The Government may issue directives to the Société on any aspect of any project for the construction or lease of an immovable where it considers it warranted by the nature of the project or the development of the area concerned.

Directives issued under this section bind the Société.

Every directive issued under this section must be tabled, within 15 days of its approval or adoption, as the case may be, in the National Assembly if it is in session or, if it is not sitting, within 15 days of the opening of the next session or resumption.

Third persons are not bound to see to the carrying out of this section, nor may it be invoked by or against them.

1983, c. 40, s. 38; 1999, c. 40, s. 295; 2007, c. 28, s. 11.

39. Sections 129, 130, 142, 159 to 162, 179 and 189 to 196 of the Companies Act (chapter C-38) do not apply to the Société.

1983, c. 40, s. 39; 1999, c. 40, s. 295.

DIVISION V ACCOUNTS AND REPORTS

40. The fiscal period of the Société ends on 31 March each year.

1983, c. 40, s. 40; 1999, c. 40, s. 295.

41. Not later than 31 July each year, the Société shall forward to the Minister its financial statements and a report of its activities for the previous fiscal period.

The financial statements and the report of activities must include all the information concerning the Société and any subsidiary of the Société required by the Minister.

1983, c. 40, s. 41; 1999, c. 40, s. 295; 2007, c. 28, s. 12.

42. The Minister shall table the report of activities and the financial statements of the Société in the National Assembly within 15 days of receiving them, if it is in session, or, if it is not sitting, within 15 days of the opening of the next session or resumption.

1983, c. 40, s. 42; 1999, c. 40, s. 295.

43. The books and accounts of the Société are audited by the Auditor General every year and every time the Government orders them audited. The auditor’s report must accompany the report of activities and the financial statements of the Société.

1983, c. 40, s. 43; 1999, c. 40, s. 295; 2007, c. 28, s. 13.

44. Before the beginning of each fiscal period, the Société shall prepare an operating budget and a capital budget and submit them to the Government for approval.

The Government shall determine the form, tenor and timetables of the budgets.

1983, c. 40, s. 44; 1999, c. 40, s. 295.

45. The Société must also provide the Minister with any information the Minister may require concerning the Société or its subsidiaries.

1983, c. 40, s. 45; 1999, c. 40, s. 295; 2007, c. 28, s. 14.

DIVISION VI MISCELLANEOUS AND TRANSITIONAL PROVISIONS

46. Any person in the employ of the Société may apply for a transfer to a position in the public service or enter a competition for promotion in accordance with the Public Service Act (chapter F-3.1.1), if on 30 September 1984, he was a civil servant with permanent tenure of the Ministère des Travaux publics et de l’Approvisionnement and if his appointment to the Société occurred before 1 October 1984.

This section also applies to any civil servant with permanent tenure of the Ministère des Finances or the Ministère de la Justice who was in service at the Ministère des Travaux publics et de l’Approvisionnement on 25 September 1984 and who is in the employ of the Société.

1983, c. 40, s. 46; 1983, c. 55, s. 161; 1999, c. 40, s. 295.

47. Section 35 of the Public Service Act (chapter F-3.1.1) applies to any employee contemplated in section 46 who enters a competition for promotion to a position in the public service.

1983, c. 40, s. 47; 1983, c. 55, s. 161.

48. Where an employee contemplated in section 46 applies for a transfer or a competition for promotion, he may require the chair of the Conseil du trésor to give him an opinion on the classification he would have in the public service. The opinion must take into account the classification that the employee had in the public service on the date of his termination of employment and the experience and years of formal training he has acquired since he has been in the employ of the Société.

Where an employee is transferred pursuant to section 46, the deputy minister or chief executive officer shall establish his classification in accordance with the opinion contemplated in the first paragraph.

Where an employee is promoted pursuant to section 46, his classification must take account of the criteria provided in the first paragraph.

1983, c. 40, s. 48; 1983, c. 55, s. 161; 1996, c. 35, s. 19; 1999, c. 40, s. 295; 2007, c. 28, s. 16.

49. Where all or some of the activities of the Société cease or in case of a lack of work, the employee contemplated in section 46 is entitled to be placed on reserve in the public service with the classification he had before the date of his termination of employment.

In the case of this section, the chair of the Conseil du trésor shall, where applicable, assign the employee a classification that takes account of the criteria provided in the first paragraph of section 48.

1983, c. 40, s. 49; 1983, c. 55, s. 161; 1996, c. 35, s. 19; 1999, c. 40, s. 295; 2007, c. 28, s. 16.

50. A person placed on reserve pursuant to section 49 remains in the Société until the chair of the Conseil du trésor is able to place him.

1983, c. 40, s. 50; 1983, c. 55, s. 161; 1996, c. 35, s. 19; 1999, c. 40, s. 295; 2007, c. 28, s. 16.

51. Subject to any rights of action which may exist under a collective agreement, an employee contemplated in section 46 who is removed or dismissed may appeal therefrom in accordance with section 33 of the Public Service Act (chapter F-3.1.1).

1983, c. 40, s. 51; 1983, c. 55, s. 161.

52. The associations of employees certified in accordance with Chapter IV of the Public Service Act (chapter F-3.1.1) which represent groups of employees at the Ministère des Travaux publics et de l’Approvisionnement on 30 September 1984 continue to represent those employees at the Société immobilière du Québec until 31 December 1985.

The associations of employees also represent, according to the groups contemplated, the future employees of the Société until 31 December 1985.

The following collective agreements apply to the employees of the Société so far as they are applicable:

(1)  the collective agreements filed in the office of the labour commissioner-general in accordance with the Act respecting the conditions of employment in the public sector (1982, chapter 45);

(2)  the collective agreement signed on 21 April 1978 between the Syndicat des agents de la paix de la fonction publique and the Gouvernement du Québec;

(3)  every collective agreement between the Gouvernement du Québec and the Syndicat des constables spéciaux du gouvernement du Québec signed after 21 December 1983 for which the expiration date is 31 December 1985.

Notwithstanding the foregoing, in no case may the provisions of the described collective agreements that regard security of employment apply to employees contemplated in the second paragraph.

The regulations mentioned in Schedule I apply to employees of the Société who were contemplated in those regulations before being transferred, so far as the provisions of the collective agreements to which they refer are applicable.

1983, c. 40, s. 52; 1983, c. 55, s. 161; 1999, c. 40, s. 295.

53. The Government may authorize the Minister of Finance to advance to the Société, out of the Consolidated Revenue Fund, any amount necessary for the payment of the salaries, remuneration and indemnities of the employees of the Société, for the period and on the other conditions the Government determines.

Amounts advanced under this section may be deducted, to the extent ordered by the Government, from the amounts it may owe to the Société.

1983, c. 40, s. 53; 1999, c. 40, s. 295.

54. The transfers provided for in section 26 and the transfers of rights provided for in this Act have effect notwithstanding the non-fulfilment, at the time of those transfers, of an obligation or a condition provided in an Act or contract.

No proceedings may be brought against the Government, the Société or any of their members, employees or officers solely by reason of a transfer or the non-fulfilment of an obligation or condition described in the first paragraph.

1983, c. 40, s. 54; 1999, c. 40, s. 295.

55. The Act respecting duties on transfers of immovables (chapter D-15.1) does not apply to transfers provided in section 26.

1983, c. 40, s. 55; 1991, c. 32, s. 260.

56. The Société and the Government are solidarily liable for the obligations arising from leases to which the Government is a party as a lessee, and which are in effect on the date determined in accordance with section 26.

However, the subletting of the premises rented by the Government under such a lease is not subject to articles 1870 to 1872 of the Civil Code and the lessor shall impose no condition, restriction, obligation or additional or preliminary procedure with respect to the subletting on the Société.

1983, c. 40, s. 56; 1999, c. 40, s. 295.

57. The rights and obligations arising from the deeds signed in accordance with the Act respecting the Ministère des Travaux publics et de l’Approvisionnement (chapter M-29) are transferred to the Société, subject to provisions inconsistent with this Act and unless the Government decides otherwise.

1983, c. 40, s. 57; 1999, c. 40, s. 295.

58. The records and other documents of the Ministère des Travaux publics et de l’Approvisionnement become the records and documents of the Société, except where the Government decides otherwise.

1983, c. 40, s. 58; 1999, c. 40, s. 295.

59. Pending cases in the Ministère des Travaux publics et de l’Approvisionnement are continued and decided by the Société, except where the Government decides otherwise.

1983, c. 40, s. 59; 1999, c. 40, s. 295.

60. Proceedings to which the Minister or Deputy Minister of Public Works and Supply is a party are transferred, without continuance of suit, to the president and chief executive officer of the Société according to the attributions conferred on him by law or, if the Government decides otherwise, to any other person it designates.

1983, c. 40, s. 60; 1999, c. 40, s. 295; 2007, c. 28, s. 15.

61. The corporation may, on the conditions and modalities determined by the Government, occupy the premises and use the property used by the Ministère des Travaux publics et de l’Approvisionnement until it is in a position to replace them, if required.

1983, c. 40, s. 61.

62. The Government may amend any regulation made or approved by it to replace or strike out the expression “Ministère des Travaux publics et de l’Approvisionnement” and any other expression, in order to ensure concordance between those regulations and the purposes of this Act.

Any regulation made under this section may, once it is published and if it so provides, apply from 1 October 1984.

1983, c. 40, s. 62.

63. In every order in council, order, contract, proclamation, agreement or other document, the expressions “Ministère des Travaux publics et de l’Approvisionnement” and “Minister of Public Works and Supply”, as well as the word “department” and the word “Minister”, where they denote the said department or Minister, designate, where the context permits it, the Société immobilière du Québec, the president and chief executive officer of the Société, the Société or the president and chief executive officer or, if the Government decides otherwise, any other person it may designate.

1983, c. 40, s. 63; 1999, c. 40, s. 295; 2007, c. 28, s. 15.

64. The Société immobilière du Québec is substituted for the Société de développement immobilier du Québec and, as such, it assumes the powers and obligations of the Société de développement immobilier du Québec, and acquires its rights.

1983, c. 40, s. 64; 1999, c. 40, s. 295.

65. In any regulation, by-law, order in council, order, contract, agreement or other document, the expression “Société de développement immobilier du Québec” is replaced, if the context permits it, by the expression “Société immobilière du Québec” or by the word “Société”.

1983, c. 40, s. 65; 1999, c. 40, s. 295.

66. The sums necessary for the carrying out of this Act are taken out of the Consolidated Revenue Fund for the fiscal periods 1983-84 and 1984-85, to such extent as may be determined by the Government.

1983, c. 40, s. 66.

67. (Amendment integrated into c. C-13, s. 16).

1983, c. 40, s. 67.

68. (Amendment integrated into c. C-14, ss. 80, 81, 88, 173).

1983, c. 40, s. 68.

69. (Amendment integrated into c. C-45, s. 9).

1983, c. 40, s. 69.

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

1983, c. 40, s. 70.

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

1983, c. 40, s. 71.

72. (Amendment integrated into c. F-2.1, s. 204).

1983, c. 40, s. 72.

73. (Amendment integrated into c. F-2.1, s. 255).

1983, c. 40, s. 73.

74. (Amendment integrated into c. F-2.1, s. 257).

1983, c. 40, s. 74.

75. (Amendment integrated into c. M-28, s. 3).

1983, c. 40, s. 75.

76. (Amendment integrated into c. M-28, ss. 11, 11.1-11.5).

1983, c. 40, s. 76.

77. (Omitted).

1983, c. 40, s. 77.

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

1983, c. 40, s. 78.

79. (Amendment integrated into c. P-7, s. 1).

1983, c. 40, s. 79.

80. (Amendment integrated into c. P-8, s. 1).

1983, c. 40, s. 80.

81. (Amendment integrated into c. P-8, s. 3).

1983, c. 40, s. 81.

82. (Amendment integrated into c. P-8, s. 5).

1983, c. 40, s. 82.

83. (Amendment integrated into c. R-7, s. 16.1).

1983, c. 40, s. 83.

84. (Amendment integrated into c. R-12, s. 55).

1983, c. 40, s. 84.

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

1983, c. 40, s. 85.

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

1983, c. 40, s. 86.

87. (Amendment integrated into c. S-4, s. 5).

1983, c. 40, s. 87.

88. (Omitted).

1983, c. 40, s. 88.

89. (Amendment integrated into c. S-14.1, s. 18).

1983, c. 40, s. 89.

90. (Amendment integrated into c. S-14.1, s. 19).

1983, c. 40, s. 90.

91. (Amendment integrated into c. T-15, s. 1).

1983, c. 40, s. 91.

92. (Omitted).

1983, c. 40, s. 92.

93. (Amendment integrated into c. T-15, s. 55.1).

1983, c. 40, s. 93.

94. The Minister of Transport is substituted without other formality for the Minister of Public Works and Supply in any matter commenced under sections 11 and 14 of the Public Works Act (chapter T-15), and shall continue any proceedings to which the Minister or Deputy Minister of Public Works and Supply is a party, without continuance of suit.

1983, c. 40, s. 94.

95. (Repealed).

1983, c. 40, s. 95; 1991, c. 32, s. 261.

96. The Government shall designate the Minister responsible for the carrying out of this Act.

1983, c. 40, s. 96.

The Minister responsible for Government Administration and Chair of the Conseil du trésor is responsible for the carrying out of this Act. Order in Council 884-2012 dated 20 September 2012, (2012) 144 G.O. 2 (French), 4875.

97. (This section ceased to have effect on 15 February 1989).

1983, c. 40, s. 97; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

98. (Omitted).

1983, c. 40, s. 98.

SCHEDULE I

(Section 52)

1. The “Regulation respecting the conditions of employment of office staff, technicians and staff of comparable rank, certain employees at the official residence of the Lieutenant-Governor, minister’s chauffeurs and workmen” made on 13 April 1982 by ministerial order 188-82 approved by C.T. 138835 of 27 April 1982, amended on 2 December 1982 by ministerial order 263-82 approved by C.T. 142047 of 7 December 1982, amended on 17 December 1982 by ministerial order 269-82 approved by C.T. 142284 of 20 December 1982 and amended on 10 May 1983 by ministerial order 292-83 approved by C.T. 144821 of 7 June 1983.

2. The “Regulation respecting the conditions of employment of professional staff”, made on 12 January 1982 by ministerial order 187-82 approved by C.T. 137510 of 16 February 1982, amended on 29 March 1982 by ministerial order 215-82 approved by C.T. 139121 of 11 May 1982, amended on 2 December 1982 by ministerial order 261-82 approved by C.T. 142045 of 7 December 1982, amended on 17 December 1982 by ministerial order 268-82 approved by C.T. 142283 of 20 December 1982, and amended on 10 May 1983 by ministerial order 294-83 approved by C.T. 144823 of 7 June 1983.

3. The “Regulation respecting the remuneration, social benefits and other conditions of employment of certain civil servants” (R.R.Q., 1981, chapter F-3.1, r. 19), amended on 2 December 1982 by ministerial order 262-82 approved by C.T. 142046 of 7 December 1982, amended on 28 February 1983 by ministerial order 279-83 approved by C.T. 143074 of 1 March 1983 and amended on 10 May 1983 by ministerial order 295-83 approved by C.T. 144824 of 7 June 1983.

1983, c. 40, Schedule I.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 40 of the statutes of 1983, in force on 1 July 1984, is repealed, except section 98, effective from the coming into force of chapter S-17.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 19 to 21, 46 to 52, 62 to 65, 69 to 71, 77, 78, 83, 88 to 90 and 92 of chapter 40 of the statutes of 1983, in force on 1 March 1985, are repealed effective from the coming into force of the updating to 1 March 1985 of chapter S-17.1 of the Revised Statutes.