P-13.1, r. 4.1 - Operating rules of the Sûreté du Québec

Updated to 1 January 2024

This document has official status.

chapter P-13.1, r. 4.1

Operating rules of the Sûreté du Québec

Police Act

(chapter P-13.1, s. 63, par. 1).

DIVISION I TERMS AND CONDITIONS FOR SIGNATURE

O.C. 1201-2018, Div. I.

1. Members of the Sûreté du Québec or of its non-police personnel who hold, on a permanent or provisional basis, by interim or by temporary designation, a position referred to in the attached financial management plan are authorized, insofar as they act within the limits of their duties, to sign alone, with the same authority and effect as the Minister of Public Security, any deed, document or writing listed with respect to their position, up to the amounts indicated, where applicable, unless the power to sign the deed, document or writing is attributed to the Minister by a provision of an Act and subject to other conditions prescribed by law.

The Québec sales tax (QST) and the goods and services tax (GST) or, where applicable, the harmonized sales tax (HST) are not taken into account in the amounts provided for in the financial management plan.

O.C. 1201-2018, s. 1.

2. In an emergency situation, where the safety of persons or property is in jeopardy, a deputy director and the director of emergency measures are authorized to sign, despite the amounts provided for in the attached financial management plan, any supply or services contract.

In that case, they must report the situation as soon as possible to the director general. The report must in particular state the urgent nature of the situation, the assessment of the danger for the safety of persons or property, the amounts incurred, the identification of the parties to the contracts and the justification of the choice of suppliers.

O.C. 1201-2018, s. 2.

3. The director general, a deputy director, a senior director, a director and a regional commanding officer are authorized to sign, insofar as they act within their duties, a deed, document or writing not covered in the attached financial management plan, unless the power to sign the deed, document or writing is attributed to the Minister by a provision of an Act and subject to other conditions prescribed by law.

O.C. 1201-2018, s. 3.

4. Subject to the independence of the Sûreté related to the pursuit of its mission under section 48 of the Police Act (chapter P-13.1), the director general must obtain the authorization of the deputy minister before signing any deed, document or writing likely to raise issues that affect the pursuit of the mission of the department or the operation of the State or its institutions. Together they determine the files likely to raise those issues and the applicable terms and conditions.

O.C. 1201-2018, s. 4.

5. The director general keeps a register of the deeds, documents and writings signed in accordance with section 3 which indicates, in respect of each, its signatories, object and duration.

The director general sends every year a copy of the register to the deputy minister.

O.C. 1201-2018, s. 5.

DIVISION II CONTENTIOUS CASES AND OUT-OF-COURT SETTLEMENTS

O.C. 1201-2018, Div. II.

6. Any out-of-court settlement that occurs before legal proceedings are instituted must be authorized

(1)  by the director general or a representative designated by the director general where the value is less than or equal to $100,000;

(2)  by the deputy minister where the value is greater than $100,000.

O.C. 1201-2018, s. 6.

7. Any out-of-court settlement that occurs after the institution of legal proceedings to which the Attorney General of Québec is a party before a judicial instance must be authorized by the director general or a representative designated by the director general and, where the value of the settlement is greater than $100,000, by the deputy minister.

In those cases, the rules respecting the authorization of out-of-court settlements of the Ministère de la Justice also apply.

O.C. 1201-2018, s. 7.

8. The Sûreté must, within 30 days after receiving judicial proceedings in civil matter that concern the Sûreté, send the following information to the deputy minister:

(1)  the name of the parties and the court file number;

(2)  a summary of the object of the proceedings;

(3)  the amount claimed and the provision made by the Sûreté for any dispute;

(4)  the name of the attorneys in the case.

It must also send a copy of the document ending the proceedings where the file is closed.

O.C. 1201-2018, s. 8.

DIVISION III AUDITING FUNCTION

O.C. 1201-2018, Div. III.

§ 1 . — Direction de la vérification

O.C. 1201-2018, Sd. 1.

9. An audit directorate is established within the Sûreté with the mandate in particular

(1)  to coordinate and carry out audit missions;

(2)  to advise, assess and optimize the use of resources;

(3)  to provide advice to the director general and the various directorates of the Sûreté;

(4)  to prepare an auditing plan taking into account risks; and

(5)  to disseminate and promote, to the members of the Sûreté and non-police personnel, the rules of ethics.

O.C. 1201-2018, s. 9.

10. After consulting the deputy minister, a director of audit is appointed by the director general to whom the director of audit reports.

An assistant director of audit is also appointed by the director general.

O.C. 1201-2018, s. 10.

11. For carrying out the mandate of the directorate, the director must in particular

(1)  provide an objective and independant assessment of the operation of systems, processes and activities of the body and an assessment of the degree of control exercised on them;

(2)  audit every year classified expenses and report any irregularity observed to the director general;

(3)  audit the application of the rules provided for in Division I in compliance with an audit schedule provided for in a 3-year planning and report any irregularity observed to the director general;

(4)  make recommendations and provide advice to improve the efficiency and effectiveness of practises;

(5)  ensure the liaison with all the external audit entities at the Sûreté; and

(6)  promote an ethical approach in the management of all the resources.

O.C. 1201-2018, s. 11.

12. The director informs the director general of the director’s activities and the result of the audits and may make recommendations.

In addition, the director sends every year to the deputy minister a summary of the activities of the Direction de la vérification along with an attestation of the audit of classified expenses.

O.C. 1201-2018, s. 12.

13. The director informs the deputy minister of management practises that are not sound or not compliant with the applicable rules where the situation persists after having informed the director general.

O.C. 1201-2018, s. 13.

14. The director general informs the deputy minister where the director general becomes aware of a significant abnormality.

O.C. 1201-2018, s. 14.

§ 2 . — Audit committee

O.C. 1201-2018, Sd. 2.

15. An audit committee is also established within the Sûreté with a mandate to assist the Direction de la vérification in the fulfilment of its responsibilites for monitoring the processes for presenting financial information, internal control mechanisms and audit processes, in particular internal audit.

O.C. 1201-2018, s. 15.

16. The audit committee is composed of at least 3 members designated by the director general who must have knowledge in administrative management.

In addition, at least 1 member must come from outside the Sûreté and not have had any employment or business relationship with the Sûreté for at least 1 year.

O.C. 1201-2018, s. 16.

17. The charter of the audit committee establishes its role and responsibilities.

O.C. 1201-2018, s. 17.

Schedule

  

O.C. 1201-2018, Sch..

REFERENCES

O.C. 1201-2018, 2018 G.O. 2, 4497