A-6.01 - Public Administration Act

Full text
chapter A-6.01
Public Administration Act
PUBLIC ADMINISTRATIONMay 30 2000May 30 2000
CHAPTER I
OBJECT AND APPLICATION
1. This Act affirms the priority given by the Administration, in developing and implementing the rules of public administration, to the quality of the services provided to the public; thus, it establishes a results-based management framework centred on transparency.
This Act reaffirms the role played by parliamentarians with respect to government action and their contribution to the improvement of the services provided to the public by enhancing the accountability of the Administration to the National Assembly.
2000, c. 8, s. 1.
2. The government management framework shall focus more specifically on
(1)  responsiveness, in making management decisions, to the expectations expressed by the public in light of available resources;
(2)  the achievement of results in relation to stated objectives;
(3)  greater flexibility, through the adaptation of management rules to the particular situations of departments and bodies;
(4)  recognition of the role of deputy ministers and chief executive officers in implementing controls in relation to results-based management;
(5)  accountability reporting based on performance in achieving results;
(6)  optimum use of the resources of the Administration;
(7)  giving the National Assembly access to relevant information on the activities of the Administration.
2000, c. 8, s. 2.
3. For the purposes of this Act, the Administration comprises
(1)  the departments of the Government;
(2)  all budget-funded bodies, namely all bodies all or part of the expenditures of which are provided for in the estimates tabled in the National Assembly otherwise than under a transferred appropriation;
(3)  all bodies whose personnel is appointed in accordance with the Public Service Act (chapter F‐3.1.1);
(4)  all bodies a majority of the members or directors of which are appointed by the Government or by a minister and at least half of the expenditures of which are borne directly or indirectly by the Consolidated Revenue Fund.
A person appointed or designated by the Government or by a minister, together with the personnel directed by that person, is considered to be a body in the exercise of the functions assigned to the person by law, the Government or the Minister.
2000, c. 8, s. 3.
4. The National Assembly, any person appointed or designated by the National Assembly to exercise functions under the authority of the National Assembly, the personnel directed by that person and the Commission de la représentation are subject to the provisions of this Act only to the extent provided by law.
The same applies to the courts of justice within the meaning of the Courts of Justice Act (chapter T‐16), or bodies whose membership is wholly comprised of judges of the Court of Québec, the Conseil de la magistrature or the committee on the remuneration of the judges of the Court of Québec and the municipal courts.
2000, c. 8, s. 4.
CHAPTER II
GENERAL RESPONSIBILITIES
DIVISION I
APPLICATION
5. This chapter applies to the departments and budget-funded bodies of the Administration.
It also applies to any other body of the Administration that is designated for that purpose by the minister responsible and only to the extent determined by that minister. Notice of the designation must be published in the Gazette officielle du Québec.
However, only sections 6, 7 and 8, subparagraphs 1 to 5 of the first paragraph of section 9, section 11, the first paragraph and subparagraphs 1 and 2 of the second paragraph of section 24 and section 29 are applicable to bodies whose members are appointed by the National Assembly and to administrative bodies exercising adjudicative functions and, in the case of the latter bodies, only as concerns management objectives for service accessibility, the effectiveness and efficiency of their decision-making process and the results achieved. The report required under section 24 shall be incorporated into the annual report of those bodies.
2000, c. 8, s. 5.
DIVISION III
STRATEGIC PLAN
8. Each department or body must adopt a strategic plan covering a period of more than one year.
2000, c. 8, s. 8.
9. The strategic plan must state
(1)  the mission of the department or body;
(2)  the context in which the department or the body acts and the main challenges it faces;
(3)  the strategic directions, objectives and lines of intervention selected;
(4)  the results targeted over the period covered by the plan;
(5)  the performance indicators to be used in measuring results;
(6)  any other element determined by the Conseil du trésor.
The Conseil du trésor may determine the information to be included in the plan, the period it is to cover, its form, and the intervals at which it is to be reviewed.
2000, c. 8, s. 9.
10. The strategic plan of a department or body shall be forwarded to the Government by the minister responsible at least 60 days before it is to be tabled in the National Assembly.
2000, c. 8, s. 10.
11. The strategic plan of a department or body shall be tabled in the National Assembly by the minister responsible.
2000, c. 8, s. 11.
DIVISION IV
PERFORMANCE AND ACCOUNTABILITY AGREEMENT
12. A performance and accountability agreement may be entered into by a minister and the director of an administrative unit in a department or body under the responsibility of the minister.
The deputy minister or chief executive officer concerned shall also be a party to the performance and accountability agreement to ensure that its content is integrated with the activities of the department or body and shall subscribe, in the exercise of his or her responsibilities, to the undertakings set out in the agreement.
The performance and accountability agreement shall include a description of the administrative unit.
2000, c. 8, s. 12.
13. A performance and accountability agreement must contain
(1)  a definition of the mission and strategic directions of the administrative unit and a description of the responsibilities of the director of the unit;
(2)  an annual action plan describing the objectives for the first year of the agreement, the measures to be taken to meet the objectives, and the resources available, and an undertaking to produce such a plan on an annual basis;
(3)  the main indicators to be used in measuring results;
(4)  an undertaking to produce, at the end of each year, a management report describing the results achieved and, so far as possible, comparing them to the results achieved by similar bodies.
Any management agreement made pursuant to section 19 by the Minister and the Conseil du trésor shall be appended to the performance and accountability agreement and shall be binding on the parties.
A performance and accountability agreement may also provide for the formation of an advisory committee to enable client representatives or specialists from outside the Administration to give their opinion on the execution of the agreement.
2000, c. 8, s. 13.
14. A performance and accountability agreement and management agreement are public documents which the minister responsible shall table in the National Assembly.
2000, c. 8, s. 14.
15. The annual action plan of an administrative unit covered by a performance and accountability agreement shall be submitted for approval to the minister responsible by the department or body concerned.
2000, c. 8, s. 15.
16. The director of an administrative unit having entered into a performance and accountability agreement must ensure that the mission and strategic directions of the unit are complied with, and that the unit achieves its annual objectives within the management framework applicable to it using the resources allocated to it.
2000, c. 8, s. 16.
17. The minister is, after entering into a performance and accountability agreement, empowered to exercise supervision and control over the achievement of the objectives of the administrative unit.
The deputy minister or chief executive officer responsible for the administrative unit is also empowered to exercise supervision and control.
2000, c. 8, s. 17.
18. A person exercising supervision and control over an administrative unit who considers that the unit has not achieved its annual objectives or that its director has not complied with the performance and accountability agreement may replace the director of the unit or, if the appointment of the director is not within that person’s authority, recommend to the competent authority that the director be replaced.
In addition, the minister responsible for the administrative unit may suspend or cancel the performance and accountability agreement. The minister shall notify the Conseil du trésor immediately of the suspension or cancellation.
2000, c. 8, s. 18.
19. A management agreement is an agreement entered into by the minister responsible for an administrative unit covered by a performance and accountability agreement and the Conseil du trésor. The management agreement shall define a management framework for human, financial, physical and information resources that is specific to the unit, the relevant conditions, and the administrative policies governing it.
Where applicable, the body concerned shall intervene in the management agreement.
2000, c. 8, s. 19.
20. The Conseil du trésor may, as part of a management agreement,
(1)  delegate the exercise of any power, other than a regulatory power, conferred on it or on the chair of the Conseil du trésor by this Act, the Public Service Act (chapter F‐3.1.1) or any other Act governing the activities of the department or the body, and authorize the subdelegation of that power;
(2)  exempt an administrative unit from the application of one of its decisions.
2000, c. 8, s. 20.
21. At the request of a minister or of a body, the minister responsible for the administration of the Act respecting government services to departments and public bodies (chapter S‐6.1) and the General Purchasing Director may intervene in a management agreement to provide for the delegation and exercise of the powers conferred on them by the Act respecting government services to departments and public bodies and the Act respecting the Service des achats du gouvernement (chapter S‐4), and which they may not otherwise delegate.
The minister responsible for the administration of the Act respecting the Société immobilière du Québec (chapter S‐17.1) may also intervene in a management agreement to provide for the delegation of the powers conferred on the Société immobilière du Québec under that Act.
Any other minister or body may intervene in a management agreement to exempt the administrative unit from certain administrative procedures or from the obligation to provide information on the management of the administrative unit.
2000, c. 8, s. 21.
22. A management agreement may contain suppletory measures, procedural requirements and reporting requirements in respect of an administrative unit, in particular where
(1)  the law provides for the transfer of the balance of an appropriation to a subsequent fiscal year;
(2)  the law grants appropriations for a period exceeding one year;
(3)  an expenditure in excess of the appropriation may be made in accordance with section 50;
(4)  the administrative unit has been granted a delegation or an exemption under section 20 or 21;
(5)  no staffing level is applicable to the administrative unit pursuant to section 32.
A management agreement may also set out procedural requirements and reporting requirements where, in a regulation made under section 58 or 59, the Government has prescribed specific conditions applicable to all contracts, certain categories of contracts or certain contracts made for the administrative unit.
2000, c. 8, s. 22.
23. The Conseil du trésor may, if it considers that a management agreement has not been complied with, recommend to the minister responsible for the unit that the performance and accountability agreement be suspended or cancelled.
2000, c. 8, s. 23.
DIVISION V
REPORTING
29. A deputy minister, or a person exercising the powers conferred by the Public Service Act (chapter F‐3.1.1) on a deputy minister, and the chief executive officer of a body of the Administration, even if the body has not been designated under the second paragraph of section 5, are, as provided by law, in particular as concerns the exercise of the authority and powers of the minister under whose authority they fall, accountable to the National Assembly for their administrative management.
The competent parliamentary committee of the National Assembly shall hear the minister at least once each year, if the minister considers it appropriate and, where applicable, shall also hear the deputy minister or chief executive officer to examine their administrative management.
The parliamentary committee may examine
(1)  the service statement, and the results achieved in relation to the administrative aspects of a strategic plan or an annual expenditure management plan;
(2)  the results achieved in relation to the objectives of an affirmative action program or hiring plan for handicapped persons that is applicable to the department or body, and in relation to the hiring objectives determined by the Conseil du trésor with regard to the various segments of Québec society;
(3)  any other matter of an administrative nature under the authority of the department or body that is noted in a report of the Auditor General or the Public Protector.
2000, c. 8, s. 29.
CHAPTER III
HUMAN RESOURCES MANAGEMENT
30. The Conseil du trésor shall involve departments and bodies whose personnel is appointed in accordance with the Public Service Act (chapter F‐3.1.1) in developing the management framework applicable to them.
2000, c. 8, s. 30.
31. The Conseil du trésor shall establish human resources management policies for the public service that are consistent with the objectives of the Public Service Act (chapter F‐3.1.1).
It shall facilitate the development of human resources development plans and future human resources plans by departments and bodies.
2000, c. 8, s. 31.
32. As concerns the public service, the Conseil du trésor shall
(1)  establish a classification of positions or position holders and the minimum conditions of eligibility for classes of positions or grades;
(2)  define staffing practices to be used in filling positions;
(3)  determine the remuneration, employee benefits and other conditions of employment of public servants.
The Conseil du trésor may, in addition, establish the staffing level of a department or body.
2000, c. 8, s. 32.
33. No remuneration may be paid to public servants over and above the regular salary attached to their position except in accordance with a decision of the Conseil du trésor.
2000, c. 8, s. 33.
34. The Conseil du trésor shall establish the terms and conditions regulating
(1)  the integration of public servants into a class of positions;
(2)  the identification, placing on reserve and assignment of tenured public servants who are surplus to the requirements of a department or body.
2000, c. 8, s. 34.
35. The Conseil du trésor shall set up affirmative action programs, applicable in the public service, to remedy the situation of persons belonging to groups discriminated against in employment.
2000, c. 8, s. 35.
36. The Conseil du trésor is responsible for negotiating collective agreements with the certified associations of employees in the public service.
The chair of the Conseil du trésor shall sign the collective agreements and supervise and co-ordinate their implementation.
2000, c. 8, s. 36.
38. The Conseil du trésor may consult associations representing personnel members not represented by a certified association concerning the conditions of employment for which it considers it appropriate to hold a consultation for the entire public and parapublic sectors.
2000, c. 8, s. 38.
39. The Conseil du trésor may establish group insurance plans for the personnel of the public and parapublic sectors and the bodies it designates, fix the terms and conditions applicable to them, in particular the premiums and contributions payable, and enter into agreements for that purpose.
2000, c. 8, s. 39.
40. The Conseil du trésor shall, after consulting the Minister of Finance, exercise the powers conferred on the Government by an Act that establishes a pension plan applicable to personnel of the public and parapublic sectors, except
(1)  the powers conferred by section 4.1, section 128 and the first paragraph of section 141 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R‐9.2);
(2)  the powers conferred by section 2, paragraph 7 of section 4, sections 10.1, 144 and 158.9, the second paragraph of section 173.1, section 177, Title IV.0.1 and the first paragraph of section 220.1 of the Act respecting the Government and Public Employees Retirement Plan (chapter R‐10);
(3)  the power conferred by section 9.0.1 of the Act respecting the Teachers Pension Plan (chapter R‐11);
(4)  the powers conferred by the third paragraph of section 54 and section 99.1 of the Act respecting the Civil Service Superannuation Plan (chapter R‐12);
(5)  the power of appointment and the power to establish the conditions of employment of appointees;
(6)  the power to designate the minister responsible for the administration of those Acts.
2000, c. 8, s. 40.
CHAPTER IV
BUDGETARY CONTROL OF CURRENT AND CAPITAL EXPENDITURES
DIVISION I
APPLICATION
41. This chapter applies to the departments and budget-funded bodies of the Administration.
2000, c. 8, s. 41.
42. The provisions of this Act that relate to the current expenditures of a department or body also apply to their capital expenditures.
2000, c. 8, s. 42.
DIVISION II
EXPENDITURE PLANNING
43. Departments and bodies shall manage their expenditures on the basis of expected results. They are responsible for controlling their expenditures and complying with the resource envelopes allocated to them.
2000, c. 8, s. 43.
44. The Conseil du trésor is responsible for submitting draft estimates to the Government each fiscal year. For such purpose, it shall consider the budgetary implications of the proposals of the departments and bodies.
The Conseil du trésor shall determine the procedure for the preparation of draft estimates.
2000, c. 8, s. 44.
45. The estimates of the expenditures of departments and bodies shall be tabled in the National Assembly by the chair of the Conseil du trésor for the purpose of establishing the appropriations required during the fiscal year.
An appropriation may, however, cover a period of more than one year, without exceeding three years.
The estimates shall indicate the expenditures of the departments and budget-funded bodies that must be recorded in accordance with the Government’s accounting policies and the extent to which the balance of an appropriation will not lapse.
The Government shall determine, on the joint recommendation of the Minister of Finance and the chair of the Conseil du trésor, the proportion of the appropriations shown in the estimates that may cover more than one year, and the proportion that will not lapse.
2000, c. 8, s. 45.
46. The annual expenditure management plans prepared by each minister shall be tabled in the National Assembly by the chair of the Conseil du trésor. The plans shall present, for the fiscal year concerned, the choices made with regard to the allocation of resources, and the actions envisaged to achieve the objectives stated in the strategic plan.
2000, c. 8, s. 46.
47. The estimates shall show separately the statutory appropriations that do not require an annual vote by Parliament, the appropriations which are already or are to be authorized for a period of more than one year, and the appropriations which must be authorized annually by a vote of Parliament.
2000, c. 8, s. 47.
DIVISION III
UTILIZATION OF APPROPRIATIONS
48. The expenditures chargeable against an appropriation shall be limited according to the division of such appropriation into allotments as shown in the expenditure budget.
The Conseil du trésor may, to the extent provided by law, authorize the transfer of part of an appropriation granted to a department or body to another appropriation of the department or body.
The Conseil du trésor may amend or subdivide an allotment. The Conseil du trésor may also, in the cases and circumstances and on the terms and conditions it determines, authorize a department or a body to transfer any portion of an appropriation between allotments or suballotments of that appropriation.
Amounts received during a fiscal year, as repayments of advances or loans granted during the same year out of an appropriation, shall be returned to the same appropriation and may be reutilized.
2000, c. 8, s. 48.
49. The proceeds derived from the alienation of property by a department or body shall constitute, for all purposes, an appropriation of the department or body for the fiscal year during which they are paid into the Consolidated Revenue Fund, to the extent and according to the conditions determined by the Government.
The proceeds shall be added to the appropriation that would be utilized by the department or body to purchase similar property.
2000, c. 8, s. 49.
50. Where the law provides that an appropriation is a net voted appropriation, the amount of the expenditures chargeable against the appropriation is equal to the total of the amount of the net voted appropriation and the amount of the estimated revenues. A net voted appropriation is the amount by which the estimated expenditures exceed the amount of the estimated revenues as shown in the estimates.
If the revenues are less than those estimated, the amount of the expenditures chargeable against the appropriation is reduced accordingly.
If the revenues are greater than those estimated, the amount of the expenditures chargeable to the appropriation may exceed the total amount referred to in the first paragraph up to the amount of the surplus revenues.
The Government shall determine, on the joint recommendation of the Minister of Finance and the chair of the Conseil du trésor, the nature of the revenues other than revenues from levies or taxes that may constitute revenues for the purposes of a net voted appropriation, and the terms and conditions applicable to the utilization of a net voted appropriation.
2000, c. 8, s. 50.
51. Where the National Assembly is not in session by reason of a scheduled adjournment of at least 20 days and an unforeseen expenditure for which provision has not been made by Parliament is urgently and immediately required for the public good, the Government may, upon the report of the chair of the Conseil du trésor and of the Minister of Finance that there is no legislative provision under which payment of the unforeseen expenditure may be authorized and the report of the minister responsible that the payment is urgently required in the public interest, order a special warrant to be prepared authorizing payment of the amount it considers necessary; the warrant shall be signed by the Lieutenant-Governor and the amount shall be placed by the Minister of Finance in an account established for that purpose.
2000, c. 8, s. 51.
52. A special warrant issued under section 51 shall be an appropriation for the fiscal year in which it is issued.
2000, c. 8, s. 52.
53. The Conseil du trésor may order the suspension, for such period as it fixes, of the right to commit any appropriation or part thereof.
2000, c. 8, s. 53.
54. Where the personnel or a position of an administrative unit or any part thereof is transferred from one department or body to another department or body, the appropriations voted for the personnel or position shall also be transferred to the department or body provided, in the case of a body, that it is a budget-funded body.
2000, c. 8, s. 54.
55. Where a department or a body provides a service to another department or to another body, the appropriations for payment of the service may be transferred from the department or body that receives the service to the department or body that provides it, in the cases and according to the conditions determined by the Conseil du trésor.
2000, c. 8, s. 55.
56. Any balance of an appropriation granted for a fiscal year that remains unexpended once the expenditures for that fiscal year have been charged to it shall lapse, except to such extent as may be provided by law.
2000, c. 8, s. 56.
CHAPTER V
CONTRACT MANAGEMENT AND PHYSICAL RESOURCES MANAGEMENT
58. The Government may, by regulation, upon the recommendation of the Conseil du trésor,
(1)  determine the terms of contracts
(a)  entered into in the name of the Government by a minister;
(b)  entered into by a body of the Administration;
(2)  determine the cases in which such contracts are subject to authorization by the Government or the Conseil du trésor.
2000, c. 8, s. 58.
59. The terms of contracts and the cases in which they are subject to authorization pursuant to section 58 may vary in respect of all contracts, certain categories of contracts or certain contracts entered into by a minister or a body, as specified in the regulation referred to in that section.
2000, c. 8, s. 59.
60. A minister or a body, with the authorization of the Government upon the recommendation of the Conseil du trésor in the case of a contract that is subject to authorization by the Government, or with the authorization of the Conseil du trésor in any other case, may enter into a contract whose terms differ from those applicable to it pursuant to a regulation made under section 58. In such a case, the Government or the Conseil du trésor, as the case may be, may determine the terms applicable to the contract.
2000, c. 8, s. 60.
61. Every body referred to in paragraph 1 of section 5 of the Auditor General Act (chapter V‐5.01) must adopt a policy concerning the terms of its contracts. The policy shall be filed with the Conseil du trésor and made public by the body not later than 30 days after its adoption.
The policy referred to in the first paragraph must be consistent with the agreements on the liberalization of public procurement applicable to that body and reflect general government policy on public procurement.
2000, c. 8, s. 61.
62. The Conseil du trésor shall establish directories listing categories of goods, categories of services, and specialities under which suppliers may be registered for the purpose of the selection of suppliers. The directories shall be published in the Gazette officielle du Québec.
Suppliers are called upon to register by way of a public notice published by the chair of the Conseil du trésor in an electronic tendering system or in the manner considered appropriate by the chair of the Conseil du trésor. The information contained in the notice shall include
(1)  the categories and specialities under which suppliers may register;
(2)  the place where documents giving details on registration may be consulted and obtained, and where additional information may be obtained.
The documents referred to in the second paragraph must set out
(1)  the conditions suppliers must satisfy to be registered;
(2)  the rules relating to the preparation of lists of registered suppliers;
(3)  the rules relating to the transmission of the names of suppliers to departments or bodies for the purpose of the awarding of contracts.
2000, c. 8, s. 62.
63. The provisions of sections 58 to 61 prevail over any inconsistent provision of any earlier general law or special Act or of any subsequent general law or special Act unless the latter expressly states that it applies notwithstanding the said provisions.
2000, c. 8, s. 63.
CHAPTER VI
INFORMATION RESOURCE MANAGEMENT
64. This chapter applies to the Administration but not to bodies that are not budget-funded and whose personnel is not appointed in accordance with the Public Service Act (chapter F‐3.1.1).
2000, c. 8, s. 64.
65. The information resources of the Administration shall be managed in such a way as to
(1)  ensure that the possibilities offered by information and communications technologies are used to optimum effect in managing human, financial and physical resources;
(2)  enhance the accessibility of and simplify the services provided to the public;
(3)  foster concerted action between departments and bodies and the pooling of expertise and resources.
2000, c. 8, s. 65.
66. The Conseil du trésor may, as regards information resources,
(1)  adopt rules to ensure the security of information resources, including the protection of personal information and other confidential information;
(2)  adopt measures to ensure coherence in government actions and to allow the pooling of infrastructures or services, and determine management procedures;
(3)  determine, after consulting the departments and bodies, the cases in which a development project must be subject to certain conditions or authorization procedures.
Departments and bodies shall manage their information resources in accordance with this section.
2000, c. 8, s. 66.
Not in force
66.1. The Government appoints a chief information officer in accordance with the Public Service Act (chapter F-3.1.1).
2004, c. 30, s. 52.
Not in force
66.2. The functions of the chief information officer include
(1)  advising the Conseil du trésor on information resources and information security;
(2)  advising the Conseil du trésor on policies, management frameworks, standards, systems and acquisitions in the area of information resources to achieve an optimal use of information and communications technologies, and taking part in the implementation process;
(3)  developing a global approach and strategy for the information resources of the Administration, and submitting it to the Conseil du trésor;
(4)  directing and coordinating the plan to implement an e-government initiative centred on the needs of citizens, businesses and the Administration;
(5)  following up on the implementation of government policies and guidelines on information resources; and
(6)  developing and proposing an approach to integrate and simplify the delivery of services to citizens and businesses.
2004, c. 30, s. 52.
Not in force
66.3. The chief information officer exercises any other function assigned by the chair of the Conseil du trésor or the Government.
2004, c. 30, s. 52.
CHAPTER VII
CONSEIL DU TRÉSOR
DIVISION I
CONTINUANCE OF THE CONSEIL DU TRÉSOR
67. The Conseil du trésor shall be continued under this Act.
2000, c. 8, s. 67.
68. The Conseil du trésor shall be composed of a chair and of four other ministers designated by the Government.
The Government may designate, from among the members of the Conseil du trésor, a vice-chair to preside at sittings if the chair is absent or unable to act, and designate ministers to act as substitutes for the other members.
2000, c. 8, s. 68.
69. Three members of the Conseil du trésor constitute a quorum.
2000, c. 8, s. 69.
DIVISION II
FUNCTIONS
70. The Conseil du trésor shall exercise the functions and powers conferred upon it by this Act or another Act or by the Government.
In the exercise of its functions, the Conseil du trésor shall endeavour to adapt the management framework to the situation of each department and body while taking the necessary actions to ensure compliance with the Government’s budget policy.
2000, c. 8, s. 70.
71. The Conseil du trésor shall advise the Government on the utilization of resources. It shall also advise the Government on the impacts which the strategic plans of the departments and bodies will have on resource allocation and management and, upon the Government’s request, on any other project of a department or body.
2000, c. 8, s. 71.
72. The Conseil du trésor may determine guidelines concerning the principles or practices to be preferred with regard to the management of human, financial, physical and information resources.
Such guidelines shall serve as management references for the departments and the bodies concerned.
In addition, guidelines may be determined to assist a department or a body in achieving specific objectives.
2000, c. 8, s. 72.
73. The Conseil du trésor shall adopt the accounting policies to be followed by departments and budget-funded bodies, the rules respecting payments made out of the consolidated revenue fund and the rules respecting the collection and administration of State revenue. The Conseil du trésor may also determine the accounting policies applicable to other bodies of the Administration it designates.
2000, c. 8, s. 73.
74. In addition to exercising the powers conferred upon it by this Act, the Conseil du trésor may, where it considers a matter to be of governmental import, prepare a directive on the management of human, financial, physical or information resources in the departments or bodies of the Administration concerned.
Such a directive requires the approval of the Government and is applicable from the date fixed therein. Once approved, the directive is binding on the departments and bodies concerned.
2000, c. 8, s. 74.
75. The Conseil du trésor may, where warranted by the circumstances, establish control mechanisms to verify compliance with this Act and the achievement of its objectives.
In particular, the Conseil du trésor may require a department or body of the Administration to establish an evaluation program, an internal audit program or a comparative cost study.
2000, c. 8, s. 75.
DIVISION III
CHAIR
76. The chair shall preside at sittings of the Conseil du trésor. The chair shall see that the decisions of the Conseil du trésor are implemented.
The chair shall exercise the functions and powers conferred on the chair by this Act or another Act and assume any other responsibility entrusted by the Government.
2000, c. 8, s. 76.
77. More specifically, the chair of the Conseil du trésor shall
In force: 2000-10-01
(1)  perform the analyses required for the preparation of the estimates and ensure, together with the Minister of Finance, that the estimates are consistent with the Government’s budget policy;
In force: 2000-10-01
(2)  monitor the expenditure budget and report to the Conseil du trésor;
In force: 2000-10-01
(3)  collect information from departments on the budgets of bodies of the Administration other than budget-funded bodies and bodies determined by the chair, and monitor their budgetary results as compared to their estimated results, where the information is required to determine the consolidated expenditure of the Government;
(4)  assist departments and bodies in developing indicators or other management tools to facilitate results-based management;
In force: 2000-10-01
(5)  coordinate and monitor negotiations relating to the determination of the conditions of employment in the public and parapublic sectors, and ensure that the financial commitments resulting from the renewal of collective agreements do not exceed the level fixed jointly with the Minister of Finance;
In force: 2000-10-01
(6)  ensure that capital expenditures are consistent with the policies and guidelines determined jointly with the Minister of Finance;
In force: 2000-10-01
(7)  establish interdepartmental coordination mechanisms with regard to information resources and facilitate partnership projects in that regard;
In force: 2000-10-01
(8)  see to the implementation of the government information highway policy;
In force: 2000-10-01
(9)  propose to the Government a general public procurement policy and coordinate its implementation;
In force: 2000-10-01
(10)  coordinate the implementation of agreements on the liberalization of public procurement entered into by Québec;
(11)  at their request, assist departments and bodies in establishing their strategic plans;
In force: 2000-10-01
(12)  support departments and bodies in the implementation of government guidelines with regard to human, financial, physical and information resources.
2000, c. 8, s. 77.
78. Departments and bodies of the Administration must provide, at the request of the chair of the Conseil du trésor, any information relevant to the exercise of the functions of the chair or of the Conseil du trésor.
The chair of the Conseil du trésor may also require, for the same purposes, the preparation of documents.
This section applies to every other public body where the information is required for the preparation of estimates and the monitoring of the expenditure budget.
2000, c. 8, s. 78.
79. The chair of the Conseil du trésor may, as provided by law, enter into an agreement with a government other than the Government of Québec, a department of such a government, an international organization, or a body of such a government or organization.
2000, c. 8, s. 79.
80. The chair of the Conseil du trésor may also enter into an agreement with any person, association, partnership or body concerning any matter coming under the chair’s authority.
2000, c. 8, s. 80.
DIVISION IV
SECRETARIAT OF THE CONSEIL DU TRÉSOR
81. The secretariat of the Conseil du trésor is under the direction of the chair.
2000, c. 8, s. 81.
82. The secretariat shall provide support for the activities of the Conseil du trésor and assist the chair in the exercise of the functions of the chair.
The secretariat of the Conseil du trésor is, for the purposes of the law, considered to be a department.
2000, c. 8, s. 82.
83. The Government shall appoint a person as secretary of the Conseil du trésor in accordance with the Public Service Act (chapter F‐3.1.1).
The secretary shall exercise as regards the personnel of the secretariat such powers as the Public Service Act confers upon a deputy minister.
2000, c. 8, s. 83.
84. Under the direction of the chair of the Conseil du trésor, the secretary shall administer the secretariat.
The secretary shall, in addition, exercise any other function assigned to the secretary by the Government, the Conseil du trésor or the chair.
2000, c. 8, s. 84.
85. The secretary has, in the exercise of the functions of secretary, the authority of the chair except with regard to the sittings of the Conseil du trésor.
2000, c. 8, s. 85.
86. The secretary may delegate, in writing and to the extent indicated, the exercise of the functions of secretary to a public servant or to the holder of a position.
The secretary may, in the instrument of delegation, authorize the subdelegation of the functions indicated, and, in such a case, the secretary shall identify the public servant or holder of a position to whom they may be subdelegated.
2000, c. 8, s. 86.
87. The personnel of the secretariat is made up of the public servants necessary for the exercise of the functions of the Conseil du trésor or the chair; the public servants are appointed in accordance with the Public Service Act (chapter F‐3.1.1).
The chair of the Conseil du trésor shall determine the duties of the public servants insofar as they are not determined by law or by the Government.
2000, c. 8, s. 87.
88. The signature of the chair, the secretary or the clerk gives authority to any document emanating from the Conseil du trésor or from the secretariat.
An act, document or writing is binding on or may be attributed to the chair of the Conseil du trésor only if it is signed by the chair, the secretary, the clerk, a member of the personnel of the secretariat or the holder of a position, and in the latter two cases, only to the extent determined by the Government.
2000, c. 8, s. 88.
89. The Government may, on the conditions it fixes, allow a signature to be affixed by means of an automatic device or electronic process.
The Government may also allow a facsimile of the signature to be engraved, lithographed or printed. The facsimile must be authenticated by the countersignature of a person authorized by the chair of the Conseil du trésor.
2000, c. 8, s. 89.
90. A document or copy of a document forming part of the records of the Conseil du trésor or the secretariat is authentic if it is signed or certified by a person referred to in the second paragraph of section 88.
2000, c. 8, s. 90.
91. An intelligible transcription of a decision or other data stored by the secretariat on a computer or on any other data storage medium is a document of the secretariat and is proof of its contents where certified by a person referred to in the second paragraph of section 88.
2000, c. 8, s. 91.
CHAPTER VIII
AMENDING PROVISIONS
FINANCIAL ADMINISTRATION ACT
92. (Inoperative, 2000, c. 15, s. 166).
2000, c. 8, s. 92.
93. (Omitted).
2000, c. 8, s. 93.
94. (Amendment integrated into c. A-6, heading of Division V).
2000, c. 8, s. 94.
95. (Inoperative, 2000, c. 15, s. 166).
2000, c. 8, s. 95.
96. (Inoperative, 2000, c. 15, s. 166).
2000, c. 8, s. 96.
97. (Inoperative, 2000, c. 15, s. 166).
2000, c. 8, s. 97.
98. (Inoperative, 2000, c. 15, s. 166).
2000, c. 8, s. 98.
ACT RESPECTING ASSISTANCE FOR VICTIMS OF CRIME
100. (Amendment integrated into c. A-13.2, s. 19).
2000, c. 8, s. 100.
ACT RESPECTING THE NATIONAL ASSEMBLY
103. (Amendment integrated into c. A-23.1, s. 110.2).
2000, c. 8, s. 103.
BUILDING ACT
2000, c. 8, s. 104.
104. (Amendment integrated into c. B-1.1, s. 65.4).
2000, c. 8, s. 104.
ACT RESPECTING THE BIBLIOTHÈQUE NATIONALE DU QUÉBEC
105. (Omitted).
2000, c. 8, s. 105.
CODE OF PENAL PROCEDURE
2000, c. 8, s. 109.
109. (Amendment integrated into c. C-25.1, a. 340).
2000, c. 8, s. 109.
ACT RESPECTING THE DISTRIBUTION OF FINANCIAL PRODUCTS AND SERVICES
2000, c. 8, s. 120.
120. (Amendment integrated into c. D-9.2, s. 160).
2000, c. 8, s. 120.
ELECTION ACT
2000, c. 8, s. 121.
121. (Amendment integrated into c. E-3.3, ss. 488.1-488.2).
2000, c. 8, s. 121.
122. (Amendment integrated into c. E-3.3, s. 540.1).
2000, c. 8, s. 122.
PUBLIC OFFICERS ACT
2000, c. 8, s. 123.
123. (Omitted).
2000, c. 8, s. 123.
PUBLIC SERVICE ACT
2000, c. 8, s. 125.
125. (Amendment integrated into c. F-3.1.1, s. 3).
2000, c. 8, s. 125.
126. (Amendment integrated into c. F-3.1.1, s. 35).
2000, c. 8, s. 126.
127. (Amendment integrated into c. F-3.1.1, s. 36).
2000, c. 8, s. 127.
128. (Amendment integrated into c. F-3.1.1, s. 39).
2000, c. 8, s. 128.
129. (Amendment integrated into c. F-3.1.1, s. 42).
2000, c. 8, s. 129.
130. (Amendment integrated into c. F-3.1.1, s. 44).
2000, c. 8, s. 130.
131. (Amendment integrated into c. F-3.1.1, s. 47).
2000, c. 8, s. 131.
132. (Amendment integrated into c. F-3.1.1, s. 48).
2000, c. 8, s. 132.
133. (Amendment integrated into c. F-3.1.1, s. 49.1).
2000, c. 8, s. 133.
134. (Amendment integrated into c. F-3.1.1, s. 50).
2000, c. 8, s. 134.
135. (Amendment integrated into c. F-3.1.1, s. 50.1).
2000, c. 8, s. 135.
136. (Amendment integrated into c. F-3.1.1, s. 53.0.1).
2000, c. 8, s. 136.
137. (Amendment integrated into c. F-3.1.1, s. 54).
2000, c. 8, s. 137.
138. (Amendment integrated into c. F-3.1.1, s. 63).
2000, c. 8, s. 138.
139. (Amendment integrated into c. F-3.1.1, s. 70).
2000, c. 8, s. 139.
140. (Omitted).
2000, c. 8, s. 140.
141. (Amendment integrated into c. F-3.1.1, s. 102).
2000, c. 8, s. 141.
142. (Amendment integrated into c. F-3.1.1, s. 115).
2000, c. 8, s. 142.
143. (Amendment integrated into c. F-3.1.1, s. 121).
2000, c. 8, s. 143.
144. (Amendment integrated into c. F-3.1.1, s. 122).
2000, c. 8, s. 144.
145. (Amendment integrated into c. F-3.1.1, s. 123.1).
2000, c. 8, s. 145.
146. (Amendment integrated into c. F-3.1.1, s. 127).
2000, c. 8, s. 146.
ACT TO ESTABLISH A FUND TO COMBAT POVERTY THROUGH REINTEGRATION INTO THE LABOUR MARKET
147. (Amendment integrated into c. F-3.2.0.3, s. 8).
2000, c. 8, s. 147.
ACT TO ESTABLISH THE SPECIAL LOCAL ACTIVITIES FINANCING FUND
148. (Amendment integrated into c. F-4.01, s. 16).
2000, c. 8, s. 148.
FOREST ACT
149. (Amendment integrated into c. F-4.1, s. 170.9).
2000, c. 8, s. 149.
TAXATION ACT
152. (Amendment integrated into c. I-3, s. 1).
2000, c. 8, s. 152.
ACT RESPECTING THE ACCOUNTABILITY OF DEPUTY MINISTERS AND CHIEF EXECUTIVE OFFICERS OF PUBLIC BODIES
153. (Omitted).
2000, c. 8, s. 153.
STATIONARY ENGINEMEN ACT
157. (Amendment integrated into c. M-6, s. 3).
2000, c. 8, s. 157.
ACT RESPECTING THE MINISTÈRE DE L’AGRICULTURE, DES PÊCHERIES ET DE L’ALIMENTATION
158. (Amendment integrated into c. M-14, s. 21.10).
2000, c. 8, s. 158.
ACT RESPECTING THE MINISTÈRE DE L’ÉDUCATION
159. (Amendment integrated into c. M-15, s. 13.8).
2000, c. 8, s. 159.
ACT RESPECTING THE MINISTÈRE DE L’EMPLOI ET DE LA SOLIDARITÉ AND ESTABLISHING THE COMMISSION DES PARTENAIRES DU MARCHÉ DU TRAVAIL
160. (Amendment integrated into c. M-15.001, s. 66).
2000, c. 8, s. 160.
ACT RESPECTING THE MINISTÈRE DE L’INDUSTRIE ET DU COMMERCE
161. (Amendment integrated into c. M-17, s. 17.10).
2000, c. 8, s. 161.
ACT RESPECTING THE MINISTÈRE DE LA JUSTICE
162. (Amendment integrated into c. M-19, s. 11.1).
2000, c. 8, s. 162.
163. (Amendment integrated into c. M-19, s. 32.9).
2000, c. 8, s. 163.
ACT RESPECTING THE MINISTÈRE DE LA SÉCURITÉ PUBLIQUE
164. (Amendment integrated into c. M-19.3, s. 14.9).
2000, c. 8, s. 164.
ACT RESPECTING THE MINISTÈRE DES RÉGIONS
165. (Amendment integrated into c. M-25.001, s. 32).
2000, c. 8, s. 165.
ACT RESPECTING THE MINISTÈRE DES RELATIONS AVEC LES CITOYENS ET DE L’IMMIGRATION
166. (Amendment integrated into c. M-25.01, s. 25).
2000, c. 8, s. 166.
ACT RESPECTING THE MINISTÈRE DES RELATIONS INTERNATIONALES
167. (Amendment integrated into c. M-25.1.1, s. 35.8).
2000, c. 8, s. 167.
ACT RESPECTING THE MINISTÈRE DES RESSOURCES NATURELLES
168. (Amendment integrated into c. M-25.2, s. 17.8).
2000, c. 8, s. 168.
ACT RESPECTING THE MINISTÈRE DES TRANSPORTS
169. (Amendment integrated into c. M-28, s. 12.27).
2000, c. 8, s. 169.
170. (Amendment integrated into c. M-28, s. 12.37).
2000, c. 8, s. 170.
ACT RESPECTING THE MINISTÈRE DU CONSEIL EXÉCUTIF
171. (Amendment integrated into c. M-30, s. 3.38).
2000, c. 8, s. 171.
ACT RESPECTING THE MINISTÈRE DU REVENU
172. (Amendment integrated into c. M-31, s. 71.0.11).
2000, c. 8, s. 172.
173. (Amendment integrated into c. M-31, s. 97.9).
2000, c. 8, s. 173.
NATIONAL MUSEUMS ACT
2000, c. 8, s. 174.
175. (Amendment integrated into c. M-44, s. 27).
2000, c. 8, s. 175.
ACT TO FACILITATE THE PAYMENT OF SUPPORT
178. (Amendment integrated into c. P-2.2, s. 44).
2000, c. 8, s. 178.
PUBLIC PROTECTOR ACT
179. (Amendment integrated into c. P-32, s. 15).
2000, c. 8, s. 179.
180. (Amendment integrated into c. P-32, ss. 35.1-35.2).
2000, c. 8, s. 180.
ACT TO PROMOTE THE REFORM OF THE CADASTRE IN QUÉBEC
181. (Amendment integrated into c. R-3.1, s. 2.1).
2000, c. 8, s. 181.
ACT RESPECTING THE RÉGIE DE L’ASSURANCE MALADIE DU QUÉBEC
182. (Amendment integrated into c. R-5, s. 39).
2000, c. 8, s. 182.
ACT RESPECTING THE SALARIES OF OFFICERS OF JUSTICE
186. (Amendment integrated into c. S-2, s. 2).
2000, c. 8, s. 186.
ACT RESPECTING CORRECTIONAL SERVICES
188. (Amendment integrated into c. S-4.01, s. 19.7).
2000, c. 8, s. 188.
ACT RESPECTING GOVERNMENT SERVICES TO DEPARTMENTS AND PUBLIC BODIES
191. (Amendment integrated into c. S-6.1, s. 19).
2000, c. 8, s. 191.
ACT RESPECTING THE SOCIÉTÉ DES TRAVERSIERS DU QUÉBEC
201. (Amendment integrated into c. S-14, s. 16).
2000, c. 8, s. 201.
ACT RESPECTING INCOME SUPPORT, EMPLOYMENT ASSISTANCE AND SOCIAL SOLIDARITY
219. (Amendment integrated into c. S-32.001, s. 8).
2000, c. 8, s. 219.
COURTS OF JUSTICE ACT
221. (Omitted).
2000, c. 8, s. 221.
222. (Amendment integrated into c. T-16, s. 246.37).
2000, c. 8, s. 222.
AUDITOR GENERAL ACT
224. (Amendment integrated into c. V-5.01, s. 58).
2000, c. 8, s. 224.
225. (Amendment integrated into c. V-5.01, s. 61).
2000, c. 8, s. 225.
226. (Amendment integrated into c. V-5.01, s. 64).
2000, c. 8, s. 226.
227. (Amendment integrated into c. V-5.01, s. 67).
2000, c. 8, s. 227.
ACT RESPECTING ASSISTANCE AND COMPENSATION FOR VICTIMS OF CRIME
228. (Omitted).
2000, c. 8, s. 228.
230. (Omitted).
2000, c. 8, s. 230.
231. (Omitted).
2000, c. 8, s. 231.
ACT RESPECTING THE CORPORATION D’HÉBERGEMENT DU QUÉBEC
236. (Amendment integrated into c. C-68.1, s. 29).
2000, c. 8, s. 236.
ACT RESPECTING INTERNATIONAL FINANCIAL CENTRES
238. (Amendment integrated into c. C-8.3, s. 46).
2000, c. 8, s. 238.
OTHER AMENDMENTS
239. The words “aux prévisions budgétaires déposées”, “les prévisions budgétaires déposées”, “les prévisions budgétaires soumises” and “les prévisions budgétaires” are replaced, respectively, by “au budget de dépenses déposé”, “le budget de dépenses déposé”, “le budget de dépenses soumis” and “le budget de dépenses” in the French text of the following provisions:
(1)  (amendment integrated into c. A-2.1, s. 6);
(2)  (amendment integrated into c. A-3.01, s. 2);
(3)  (inoperative, 2000, c. 15, s. 166);
(4)  (amendment integrated into c. A-21.1, Schedule);
(5)  (amendment integrated into c. C-2, s. 20.4);
(6)  (amendment integrated into c. M-30, s. 3.0.4);
(7)  (amendment integrated into c. N-1.1, s. 39.0.1);
(8)  (amendment integrated into c. V-5.01, s. 4).
2000, c. 8, s. 239.
240. References to the Financial Administration Act (chapter A‐6) are replaced by references to the Public Administration Act (chapter A‐6.01) wherever they occur in the following provisions:
(1)  (amendment integrated into c. C-19, s. 29.9.2);
(2)  (amendment integrated into c. C-27.1, a. 14.7.2);
(3)  (amendment integrated into c. M-28, ss. 10.2, 11.5);
(4)  (inoperative, 2000, c. 7, s. 6);
(5)  (inoperative, 2000, c. 7, s. 15).
2000, c. 8, s. 240.
242. (Omitted).
2000, c. 8, s. 242.
CHAPTER IX
TRANSITIONAL AND FINAL PROVISIONS
243. Regulations made under sections 25, 49, 49.1, 49.3.2 and 49.6 of the Financial Administration Act (chapter A‐6) are deemed to be regulations made under this Act.
2000, c. 8, s. 243.
244. A policy adopted under section 49.4 of the Financial Administration Act (chapter A‐6) is deemed to be a policy adopted under section 61 of this Act.
2000, c. 8, s. 244.
245. The directory of specialities established pursuant to section 49.5.1 of the Financial Administration Act (chapter A‐6) is deemed to be established pursuant to section 62 of this Act.
2000, c. 8, s. 245.
246. Every supplier registered under a specialty in a directory established pursuant to section 49.5.1 of the Financial Administration Act (chapter A‐6), on the date preceding the date of coming into force of the first regulation concerning supply, construction and service contracts made under section 58 of this Act, shall be registered, on the date of coming into force of that regulation, pursuant to section 62 of this Act if the directories established thereunder contain the specialty concerned. The supplier is deemed to have accepted all the rules and conditions set out in the documents relating to registration, as described in the second paragraph of the said section. The supplier shall remain registered under that specialty until the supplier’s registration is struck off or cancelled pursuant to this Act.
Proceedings to strike off or cancel registration that began before the date of coming into force of the first regulation concerning supply, construction and service contracts made under section 58 of this Act shall be continued pursuant to the regulations made under the Financial Administration Act.
No supplier to whom a sanction has been applied pursuant to the regulations made under the Financial Administration Act may register pursuant to section 62 of this Act under the specialty concerned by the sanction during the period during which the supplier would have been disqualified from re-registering pursuant to section 49.5.1 of the Financial Administration Act.
2000, c. 8, s. 246.
247. The regulations respecting the contracts made or entered into by the chief electoral officer, the Commission de la représentation, the Public Protector and the Auditor General are deemed to have been made, respectively, pursuant to section 488.1 and section 540.1 of the Election Act (chapter E‐3.3), section 35.2 of the Public Protector Act (chapter P‐32) and section 61 of the Auditor General Act (chapter V‐5.01).
2000, c. 8, s. 247.
248. The new time limit under section 35 of the Public Service Act (chapter F‐3.1.1) does not apply to a period of time that began before 1 October 2000.
2000, c. 8, s. 248.
249. Matters pending before an appeals committee on 1 October 2000 shall be continued and decided by the Commission de la fonction publique in accordance with section 127 of the Public Service Act (chapter F‐3.1.1).
However, matters for which a hearing has commenced before that date shall be continued by the appeals committee to which they have been referred.
2000, c. 8, s. 249.
250. All directives, policies and other decisions made by the Conseil du trésor or by the chairman of the Conseil du trésor under a repealed provision of the Financial Administration Act (chapter A‐6) or the Public Service Act (chapter F‐3.1.1) are deemed to be directives, policies and decisions made under this Act.
2000, c. 8, s. 250.
251. In every regulation, order or other document, a reference to a provision of the Public Service Act (chapter F‐3.1.1) or the Financial Administration Act (chapter A‐6) is, where applicable, a reference to the corresponding provision of the Public Administration Act (chapter A‐6.01).
2000, c. 8, s. 251.
252. The chair of the Conseil du trésor is responsible for the administration of this Act.
2000, c. 8, s. 252.
253. The chair of the Conseil du trésor must, not later than 1 October 2005 report to the Government on the carrying out of this Act and on the advisability of amending it.
The report shall be tabled within 30 days in the National Assembly or, if the Assembly is not in session, within 30 days of resumption. The competent committee of the National Assembly shall examine the report.
2000, c. 8, s. 253.
254. The first strategic plan of a department or body to which Chapter II applies must be laid before the National Assembly before 1 April 2001. The period covered by the plan may include a period prior to 30 May 2000.
2000, c. 8, s. 254.
255. (Omitted).
2000, c. 8, s. 255.