S-14.001 - Act respecting the Société du Centre des congrès de Québec

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Updated to 10 May 2022
This document has official status.
chapter S-14.001
Act respecting the Société du Centre des congrès de Québec
SOCIÉTÉ DU CENTRE DES CONGRÈS DE QUÉBECJune 15 1993July 1 1993
CHAPTER I
ESTABLISHMENT AND ORGANIZATION
1. The “Société du Centre des congrès de Québec” is hereby established.
1993, c. 34, s. 1; 1999, c. 40, s. 287.
2. The Société is a legal person.
1993, c. 34, s. 2; 1999, c. 40, s. 287.
3. The Société is 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 none but itself when it acts in its own name.
1993, c. 34, s. 3; 1999, c. 40, s. 287.
4. The head office of the Société shall be in the territory of Ville de Québec, at the place determined by the Government. Notice of the location or of any change in location of the head office shall be published in the Gazette officielle du Québec.
1993, c. 34, s. 4; 1996, c. 2, s. 915; 1999, c. 40, s. 287.
5. 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 shall appoint the members of the board, other than the chair and the president and chief executive officer, taking into consideration the expertise and experience profiles approved by the board. Members of the board are appointed for a term of up to four years, and at least three of them are appointed after consultation with bodies representative of the sector.
1993, c. 34, s. 5; 1999, c. 40, s. 287; 2007, c. 37, s. 1.
6. (Repealed).
1993, c. 34, s. 6; 1999, c. 40, s. 287; 2007, c. 37, s. 2.
7. The Government shall appoint the chair of the board of directors for a term of up to five years.
At the expiry of their terms of office, the members of the board of directors shall remain in office until replaced or reappointed.
1993, c. 34, s. 7; 2007, c. 37, s. 3.
8. A vacancy on the board of directors is filled in accordance with the appointment rules set out in this Act.
Absence from the number of meetings of the board of directors determined by an internal by-law of the Société shall constitute a vacancy in the cases and circumstances specified in the by-law.
1993, c. 34, s. 8; 1999, c. 40, s. 287; 2007, c. 37, s. 4.
9. On the recommendation of the board of directors, the Government shall appoint 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 Government shall determine the remuneration, employee benefits and other conditions of employment of the president and chief executive officer.
1993, c. 34, s. 9; 2007, c. 37, s. 5.
9.1. If the board of directors does not recommend a candidate for the position of president and chief executive officer in accordance with section 9 within a reasonable time, the Government may appoint the president and chief executive officer after notifying the members of the board.
2007, c. 37, s. 5.
9.2. 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. 37, s. 5.
10. The office of president and chief executive officer is a full-time position.
1993, c. 34, s. 10; 1999, c. 40, s. 287; 2007, c. 37, s. 6.
11. The members of the board of directors other than the president and chief executive officer shall receive no remuneration except in such cases, on such conditions and to such extent as the Government may determine. They are, however, entitled to the reimbursement of expenses incurred in the discharge of their duties on the conditions and to the extent the Government determines.
1993, c. 34, s. 11; 2007, c. 37, s. 7.
12. At meetings of the board of directors, a majority of members constitutes a quorum.
1993, c. 34, s. 12.
13. A decision of the board of directors signed by all its members has the same value as if made during an ordinary meeting.
1993, c. 34, s. 13.
14. The secretary and the other members of the personnel of the Société shall be appointed 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 by-law, the standards and scales of remuneration of the members of its personnel in accordance with the conditions defined by the Government.
1993, c. 34, s. 14; 1999, c. 40, s. 287; 2000, c. 8, s. 202.
15. Members of the personnel of the Société may not, under pain of forfeiture of office, have any direct or indirect interest in any undertaking causing their interest to conflict with that of the Société. However, forfeiture is not incurred where the interest devolves to them by succession or gift, provided they renounce or dispose of it with dispatch.
1993, c. 34, s. 15; 1999, c. 40, s. 287; 2007, c. 37, s. 8.
16. The Société may make any by-law respecting the exercise of its powers and its internal management.
The by-laws of the Société, except by-laws made under section 14 and internal management by-laws, come into force on the date they are approved by the Government or on any other date determined in the by-laws.
1993, c. 34, s. 16; 1999, c. 40, s. 287; 2007, c. 37, s. 9.
CHAPTER II
OBJECTS AND POWERS OF THE SOCIÉTÉ
1999, c. 40, s. 287.
17. The Société has the following objects:
(1)  to manage and operate the Centre des congrès de Québec;
(2)  to draw up development or operational plans for the Centre des congrès;
(3)  to carry on such commercial and other activities as may foster the development of the Centre des congrès and take up their operation, promotion and management.
1993, c. 34, s. 17; 1999, c. 40, s. 287.
18. To attain its objects, the Société shall, alone or with others, from such date and on such conditions as are determined by the Government, rent or acquire such of the property owned by the Société immobilière du Québec as is required for the operation of the Centre des congrès.
The Société shall acquire, in the same manner, any right granted by, and any obligation contracted by, the Société immobilière du Québec for the realization of the Centre des congrès de Québec.
1993, c. 34, s. 18; 1999, c. 40, s. 287.
19. The Société may associate or contract with any person to attain its objects.
1993, c. 34, s. 19; 1999, c. 40, s. 287.
20. In no case may the Société, without the authorization of the Government,
(1)  build, acquire, alienate, lease or pledge an immovable;
(2)  make a financial commitment that is incompatible with the limits and the terms and conditions determined by the Government;
(3)  contract a loan that increases the aggregate of its outstanding loans to more than the amount determined by the Government.
1993, c. 34, s. 20; 1999, c. 40, s. 287.
CHAPTER III
DOCUMENTS, ACCOUNTS AND REPORTS
21. No act, document or writing shall bind the Société unless it is signed by the chair of the board of directors, the president and chief executive officer or, to the extent determined by the internal management by-laws of the Société, by a member of its personnel.
In those by-laws, the Société may allow, subject to the conditions and on the documents it determines, that a signature be affixed by means of an automatic device or that a facsimile signature be engraved, lithographed or printed. However, the facsimile shall have the same force as the signature itself only if the document is countersigned by a person authorized by those by-laws.
1993, c. 34, s. 21; 1999, c. 40, s. 287; 2007, c. 37, s. 10.
22. The minutes of the meetings of the board of directors, approved by the board and signed by the chair or by any other person so authorized by the internal management by-laws of the Société, are authentic, as are documents and copies emanating from the Société or forming part of its records if signed or certified true by an authorized person.
1993, c. 34, s. 22; 1999, c. 40, s. 287; 2007, c. 37, s. 11.
23. The fiscal year of the Société ends on 31 March each year.
1993, c. 34, s. 23; 1999, c. 40, s. 287.
24. The Société must, not later than four months after the end of its fiscal year, remit its financial statements to the Minister together with an annual report for the preceding fiscal year.
The financial statements and annual report must contain all the information required by the Minister.
1993, c. 34, s. 24; 1999, c. 40, s. 287.
25. The Minister shall table the financial statements and the annual report before the National Assembly within 30 days of receiving them if it is in session or, if it is not sitting, within 30 days of resumption.
1993, c. 34, s. 25.
26. The Société must, in addition, provide the Minister with any other information he requires concerning its activities.
1993, c. 34, s. 26; 1999, c. 40, s. 287.
27. (Repealed).
1993, c. 34, s. 27; 1999, c. 40, s. 287; 2020, c. 52020, c. 5, s. 146.
28. The books and accounts of the Société shall be audited by the Auditor General each year and whenever so ordered by the Government; the Auditor General may, with government approval, designate another auditor.
The report of the Auditor General or of the auditor designated by him must accompany the annual report and the financial statements of the Société.
1993, c. 34, s. 28; 1999, c. 40, s. 287.
CHAPTER IV
FINANCIAL PROVISIONS
29. The Government may, on the conditions and according to the terms and conditions it determines,
(1)  guarantee the payment in capital and interest of any loan contracted by the Société and the performance of its other obligations;
(2)  authorize the Minister of Finance to advance to the Société any amount considered necessary for the pursuit of its objects;
(3)  grant a subsidy to the Société to provide for its obligations.
The sums that the Government may be called upon to pay under subparagraphs 1 and 2 of the first paragraph shall be taken out of the Consolidated Revenue Fund.
1993, c. 34, s. 29; 1999, c. 40, s. 287.
30. The sums received by the Société are used to meet its obligations and the balance is paid into the Consolidated Revenue Fund at the Government’s request.
1993, c. 34, s. 30; 1999, c. 40, s. 287.
CHAPTER V
TRANSITIONAL AND FINAL PROVISIONS
31. The Act respecting duties on transfers of immovables (chapter D-15.1) does not apply to transfers of immovables to the Société and to the Société immobilière du Québec for the realization of the Centre des congrès de Québec.
1993, c. 34, s. 31; 1999, c. 40, s. 287.
32. (Omitted).
1993, c. 34, s. 32.
33. The minister designated by the Government is responsible for the administration of this Act.
1993, c. 34, s. 33; 1994, c. 16, s. 49.
The Minister of Tourism is responsible for the administration of this Act. Order in Council 376-2014 dated 24 April 2014, (2014) 146 G.O. 2 (French), 1878.
34. (Omitted).
1993, c. 34, s. 34.
REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 34 of the statutes of 1993, in force on 1 September 1993, is repealed, except sections 32 and 34, effective from the coming into force of chapter S-14.001 of the Revised Statutes.