M-25.1 - Act respecting the Ministère des Relations internationales

Replaced on 21 December 1988

This document has official status.

chapter M-25.1

Act respecting the Ministère des Relations internationales

Chapter M-25.1 is replaced by the Act respecting the Ministère des Affaires internationales (chapter M-21.1). (1988, c. 41, s. 36).

1984, c. 47, s. 70; 1988, c. 41, s. 36.

CHAPTER I ORGANIZATION OF THE DEPARTMENT

1. The Ministère des Relations internationales is under the direction of the Minister of International Relations appointed under the Executive Power Act (chapter E-18).

1974, c. 15, s. 1; 1977, c. 5, s. 14; 1984, c. 47, s. 71.

2. The Government, in accordance with the Public Service Act (chapter F-3.1.1), shall appoint a person as Deputy Minister of International Relations.

1974, c. 15, s. 2; 1984, c. 47, s. 71.

3. Under the direction of the Minister, the Deputy Minister shall administer the department.

He shall, in addition, perform any other duty assigned to him by the Government or the Minister.

1974, c. 15, s. 3; 1984, c. 47, s. 71.

4. In the discharge of his duties, the Deputy Minister has the authority of the Minister.

1974, c. 15, s. 4; 1978, c. 15, s. 140; 1984, c. 47, s. 71.

5. The staff of the department consists of the public servants required for the discharge of the Minister’s duties; they are appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

1974, c. 15, s. 5; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1984, c. 47, s. 71.

6. The Minister shall determine the duties of the public servants of his department where they are not determined by law or by the Government.

1974, c. 15, s. 6; 1984, c. 47, s. 71.

7. No deed, document or writing shall bind the Minister or be attributed to the Minister unless it is signed by him, by the Deputy Minister or by a public servant and only, as regards the public servant, to the extent determined by regulation of the Government published in the Gazette officielle du Québec.

1974, c. 15, s. 7; 1984, c. 47, s. 71.

8. The Government may, by regulation published in the Gazette officielle du Québec, upon the conditions it fixes, allow the required signature to be affixed by means of an automatic device to such documents as it determines.

The Government may also allow a facsimile of the required signature to be engraved, lithographed or printed on such documents as it determines; in such a case, the document must be countersigned by a person authorized by the Minister.

1974, c. 15, s. 8; 1984, c. 47, s. 71.

8.1. Any document or copy of a document emanating from the department or its records, signed or certified by a person contemplated in section 7, is authentic.

1984, c. 47, s. 71.

9. The Minister shall, within fifteen days of the opening of each session, lay before the National Assembly a detailed report of his activities for the preceding fiscal year.

1974, c. 15, s. 9; 1984, c. 47, s. 72.

CHAPTER II RESPONSIBILITIES OF THE MINISTER

10. The Minister shall elaborate and propose to the Government an international relations policy, and shall implement such policy.

The Minister shall advise the Government on any question relating to international relations.

The Minister shall establish and maintain such relations with foreign governments and their departments or agencies as the Gouvernement du Québec considers it expedient to have with them.

The Minister shall coordinate foreign activities of the Government as well as those of its departments and agencies.

1974, c. 15, s. 10; 1977, c. 5, s. 14; 1984, c. 47, s. 74.

11. It is the duty of the Minister, in agreement with the interested departments and agencies, to promote the cultural, economic and social development of the people of Québec by the establishment of international relations.

1974, c. 15, s. 11; 1984, c. 47, s. 75.

12. The Minister is responsible for official communications between the Gouvernement du Québec, foreign governments and international organizations; he shall, for that purpose, maintain, in particular, the necessary liaison with their representatives in the territory of Québec.

1974, c. 15, s. 12; 1977, c. 5, s. 14; 1984, c. 47, s. 76.

13. The Minister, in conducting international affairs, shall see that the constitutional jurisdiction of Québec is respected.

He shall furthermore ensure the participation of the Government in the preparation and implementation abroad of federal policies and programmes affecting the development of Québec and for that purpose, favour intergovernmental cooperation.

1974, c. 15, s. 13; 1977, c. 5, s. 14; 1984, c. 47, s. 77.

14. The Minister shall cooperate with the other departments of the Government for the implementation abroad of policies for which they are responsible, namely, in the sectors of immigration, education, industry and commerce, communications and cultural affairs.

1974, c. 15, s. 14; 1977, c. 5, s. 14; 1984, c. 47, s. 78.

15. The Minister shall recommend the ratification of international treaties or agreements to the Government in fields within the constitutional jurisdiction of Québec.

He shall ensure and coordinate the implementation in Québec of international treaties and agreements involving the Gouvernement du Québec.

1974, c. 15, s. 15; 1977, c. 5, s. 14.

CHAPTER III INTERNATIONAL AND OTHER AGREEMENTS

1984, c. 47, s. 79.

16. The Minister shall oversee the negotiation of international agreements and their implementation and administer the programs of international exchanges resulting therefrom, except as provided by the Government.

The programs of exchanges contemplated in the first paragraph shall be elaborated, in agreement with the Minister, by the departments and agencies in the fields of their jurisdiction.

In this chapter, the words “international agreement” mean an agreement made between the Government or one of its departments or agencies and a foreign government, one of its departments or agencies or an international organization.

1974, c. 15, s. 16; 1977, c. 5, s. 14; 1984, c. 47, s. 80.

17. Notwithstanding any other legislative provision, international agreements must, to be valid, be approved by the Government and be signed by the Minister.

The Minister may authorize a person, in writing, to sign an international agreement in his name. The signature has the same effect as the signature of the Minister.

1974, c. 15, s. 17; 1984, c. 47, s. 81.

18. When a person other than the Minister may, by law, enter into international agreements, the signature of such person continues to be required to give effect to the agreements unless otherwise ordered by the Government.

1974, c. 15, s. 18; 1984, c. 47, s. 82.

19. The Government may authorize the Minister to be sole signatory to an international agreement which another person is empowered by law to conclude. In such case, the signature of the Minister shall have the same effect as that of the person empowered.

1974, c. 15, s. 19; 1984, c. 47, s. 83.

20. Except to the extent expressly provided for by law, no school board, regional school board, municipal corporation, urban community or regional community nor any agency to which it appoints a majority of the members or contributes over one half of the financing shall

(1)  negotiate or enter into an agreement with a foreign government or a department or agency of any such government or an international organization;

(2)  circumvent the prohibition enacted by subparagraph 1 by permitting or tolerating that it be affected by an agreement made between a third person and a government, a department, an agency or an organization contemplated in the said subparagraph.

Contravention of subparagraph 1 of the first paragraph entails the nullity of the agreement. Contravention of subparagraph 2 of the said paragraph entails the nullity of any provision of the agreement affecting the board, corporation, community or agency; where the effects of the clause are divisible, the clause is null only in respect of the board, corporation, community or agency.

1974, c. 15, s. 20; 1977, c. 5, s. 14; 1981, c. 23, s. 33; 1984, c. 27, s. 80; 1984, c. 47, s. 84.

21. No public agency shall, on pain of nullity, without prior approval of the Government, enter into agreements with a foreign government or with a department or agency of such a government.

The requirement of the first paragraph applies also to a corporation or agency to which a public agency appoints the majority of the members or contributes over one-half of the financing.

The Minister, in agreement with the Minister who is responsible for the public agency or who grants the subsidy shall see to the negotiation of the intended agreements.

In this section, “public agency” means a corporation or agency, not contemplated in section 20, to which the Government or a minister appoints the majority of the members, to which, by law, the officers or employees are appointed or remunerated in accordance with the Public Service Act (chapter F-3.1.1) or more than half of whose resources are derived from the consolidated revenue fund.

1974, c. 15, s. 21; 1978, c. 15, s. 140; 1981, c. 23, s. 34; 1983, c. 55, s. 161; 1984, c. 47, s. 85.

22. The Government may wholly or partly exclude from the application of this Act, the classes of agreements that it designates.

Agreements entered into within the scope of relations established by the National Assembly with parliamentary institutions are in particular excluded from this Act.

1974, c. 15, s. 22; 1984, c. 47, s. 86.

CHAPTER IV REPRESENTATION OF QUÉBEC ABROAD

1984, c. 47, s. 87.

DIVISION I DELEGATIONS

23. The Minister has the management of Québec representation abroad.

1974, c. 15, s. 23; 1984, c. 47, s. 88.

24. The Government may appoint, by commission under the Great Seal, a delegate-general to any country it may designate, to represent Québec in all the sectors of activity which are of the constitutional jurisdiction of Québec.

The Government shall fix the salary of the delegates-general.

1974, c. 15, s. 24; 1984, c. 47, s. 89.

25. The Minister may, with the approval of the Government, appoint a delegate of Québec to any country he may designate, to represent Québec in the sectors of activity the Minister may determine.

1974, c. 15, s. 25.

26. (Repealed).

1974, c. 15, s. 26; 1984, c. 47, s. 90.

27. The Minister may, according to law, make with the Government of Canada agreements permitting Québec representatives to act, in the sectors of activities where Québec shares its constitutional jurisdiction with Canada, within Canadian diplomatic or consular missions established in countries where Québec has no delegate.

1974, c. 15, s. 27; 1984, c. 47, s. 91.

28. Notwithstanding paragraph 1 of section 8 of the Act respecting the Ministère des Approvisionnements et Services (chapter M-23.01) and sections 18 and 19 of the Act respecting the Société immobilière du Québec (chapter S-17.1), the Minister shall provide persons assigned abroad with the premises, the staff and the services necessary for the performance of their duties.

For the purposes of this section, the Minister is responsible, in particular, for the acquisition, leasing and general management of the necessary movable and immovable property.

1974, c. 15, s. 28; 1984, c. 47, s. 92; 1986, c. 52, s. 18.

29. The delegate-general and the delegate shall exercise their functions under the authority of the Deputy Minister.

They shall supervise and manage the personnel of the delegation under their responsibility.

1974, c. 15, s. 29; 1984, c. 47, s. 93.

30. Only the Minister may assign persons abroad.

The Minister shall assign abroad persons responsible to another minister only with the consent of the minister concerned. Such persons shall perform their duties under the authority of the delegate-general or the delegate in keeping with the guidelines that the minister responsible for them determines in cooperation with the Minister.

1974, c. 15, s. 30; 1984, c. 47, s. 94.

31. (Repealed).

1974, c. 15, s. 31; 1984, c. 47, s. 95.

32. (Repealed).

1974, c. 15, s. 32; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1984, c. 47, s. 96.

33. The Conseil du trésor shall determine, after consultation with the Minister, the conditions of employment specifically related to the assignment abroad of any class of persons.

The Conseil du trésor shall also determine the employment plan applicable to persons recruited abroad.

1974, c. 15, s. 33; 1984, c. 47, s. 97.

DIVISION II INTERNATIONAL CONFERENCES AND MEETINGS

1984, c. 47, s. 98.

34. Every official delegation of Québec to an international conference shall be constituted and commissioned by the Government.

No person shall, at an international conference or meeting, take a position in the name of the Government, unless he has received an express mandate for such purpose given under the authority of the Minister. The same rule applies to every mission sent in the name of the Government to a foreign government or to a department or agency of such a government.

1974, c. 15, s. 34; 1977, c. 5, s. 14; 1984, c. 47, s. 99.

DIVISION III EXTERNAL COOPERATION

35. Within the framework of the agreements or ententes for cooperation made by the Gouvernement du Québec with a foreign government, the Minister shall in cooperation with the interested departments see to the elaboration and implementation of cooperation programmes in sectors where exchanges are most likely to promote the cultural and economic development and influence of Québec.

The Minister has the same responsibility respecting agreements he may make, according to law, with the Government of Canada or one of its agencies the object of which is to involve Québec in the carrying out of a cooperation agreement binding the Government of Canada with a foreign government.

1974, c. 15, s. 35; 1977, c. 5, s. 14; 1984, c. 47, s. 100.

36. In the elaboration and administration of foreign cooperation programmes, the Minister must promote the consolidation of international francophone institutions in which the Gouvernement du Québec participates and ensure, in this respect, the participation of Québec in international development programmes.

1974, c. 15, s. 36; 1977, c. 5, s. 14; 1984, c. 47, s. 101.

CHAPTER V

This Chapter ceased to have effect on 17 April 1987.

37. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter M-21 of the Revised Statutes, in force on 1 March 1985, is repealed effective from the coming into force of chapter M-25.1 of the Revised Statutes.