l-0.1 - Act respecting La Financière agricole du Québec

Updated to 1 April 2001

This document has official status.

chapter L-0.1

Act respecting La Financière agricole du Québec

2000, c. 53.

CHAPTER I ESTABLISHMENT AND MISSION

2000, c. 53, s. 1.

1. An agency to be known as “La Financière agricole du Québec” is hereby established.

The agency is a legal person and a mandatary of the State.

2000, c. 53, s. 1.

2. The property of the agency forms part of the domain of the State, but the execution of the obligations of the agency may be levied against its property.

The agency binds none but itself when it acts in its own name.

2000, c. 53, s. 2.

3. The mission of the agency is to support and encourage the development of the agricultural and agro-food sector within the perspective of sustainable development.

In force: 2001-04-17

The agency makes available to enterprises various products and services relating to income protection, insurance and farm financing, adapted to the management of the risks inherent in the agricultural and agro-food sector.

In pursuing its mission, the agency shall give priority to the development of the primary sector.

2000, c. 53, s. 3.

CHAPTER II ORGANIZATION AND OPERATION

2000, c. 53, s. 4.

4. The head office of the agency shall be located in the territory of the Communauté urbaine de Québec or in the immediate vicinity. Notice of the location and of any change of location of the head office shall be published in the Gazette officielle du Québec.

The agency shall notify the Land Registrar of each registration division of the publication of the notice. The notice shall have the same effect for each of the immovables hypothecated in favour of the agency as if it had been given under article 3023 of the Civil Code. The Land Registrar is not required to comply with the prescriptions of that article following such notice.

The agency may hold its meetings at any place in Québec.

2000, c. 53, s. 4.

5. The board of directors of the agency shall administer the agency’s affairs and exercise all its powers.

The functions of the board of directors are, in particular,

(1)  to establish priorities in relation to the products and services to be offered to enterprises and to establish policies in that regard;

(2)  to allocate the human, material and financial resources of the agency ;

(3)  to approve its annual budget;

(4)  to approve its administrative organization plan.

2000, c. 53, s. 5.

6. The board of directors shall be composed of 11 members, including a chief executive officer, appointed by the Government on the recommendation of the Minister of Agriculture, Fisheries and Food. Five of the members, including the chair of the board, shall be chosen from among the persons designated by the association certified under the Farm Producers Act (chapter P‐28).

The chief executive officer shall be appointed following consultation with the association.

The board of directors shall designate its vice-chair.

2000, c. 53, s. 6.

7. The chief executive officer shall be appointed for a term of not more than five years, and the other members shall be appointed for a term of not more than three years.

On the expiry of their term, the members of the board of directors shall remain in office until replaced or reappointed.

2000, c. 53, s. 7.

8. The chief executive officer shall be responsible for the administration and direction of the agency within the scope of its by-laws and policies. The office of chief executive officer is a full-time position.

The chair of the board of directors shall preside at the meetings of the board and see to the proper functioning of the board. The chair shall exercise any other functions assigned to the chair by the board.

The vice-chair of the board shall exercise the functions of the chair if the chair is absent or unable to act.

2000, c. 53, s. 8.

9. The Government shall determine the remuneration, employment benefits and other conditions of employment of the chief executive officer.

The other board members shall receive no remuneration except in the cases, on the conditions and to the extent determined by the Government. They are, however, entitled to the reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.

2000, c. 53, s. 9.

10. The quorum at meetings of the board is the majority of its members, including the chief executive officer and the chair of the board or, if the chair is absent or unable to act, the vice-chair.

2000, c. 53, s. 10.

11. The agency shall appoint, on the recommendation of the chief executive officer, not more than four vice-presidents.

They shall exercise the functions assigned to them by the agency on a full-time basis, under the authority of the chief executive officer.

2000, c. 53, s. 11.

12. The other members of the personnel of the agency, including the secretary, shall be appointed in accordance with the Public Service Act (chapter F‐3.1.1).

2000, c. 53, s. 12.

13. The agency may, in writing and to the extent it indicates, delegate the exercise of the functions and powers assigned to it by this Act or any other Act to the chief executive officer or to a member of its personnel.

In particular, the agency may establish an executive committee or any other committee, and delegate the exercise of its powers to such a committee.

2000, c. 53, s. 13.

14. The Minister may issue directives concerning the policy and general objectives to be pursued by the agency.

The directives must be approved by the Government, and come into force on the day of their approval. Once approved, they are binding on the agency and the agency must comply with them.

Every directive shall be laid before the National Assembly within 15 days of being approved by the Government or, if the Assembly is not in session, within 15 days of resumption.

2000, c. 53, s. 14.

15. No document binds the agency or may be attributed to it unless it is signed by the chief executive officer, the chair of the board, the secretary or a member of the board of directors or, only to the extent determined by the agency or in writing by the chief executive officer, by another member of the agency’s personnel.

The rules governing the delegation of signing authority may provide for sub-delegation and the mechanics thereof.

2000, c. 53, s. 15.

16. The agency may allow, subject to the conditions and on the documents it determines, that a signature be affixed by means of an automatic device, that a signature be electronic, or that a facsimile of a signature be engraved, lithographed or printed.

2000, c. 53, s. 16.

17. The minutes of a meeting of the board of directors, approved by the board and certified by the chair of the board, the secretary or any other person so authorized by the agency are authentic, as are documents and copies emanating from the agency or forming part of its records if signed or certified by any such person.

2000, c. 53, s. 17.

18. The members of the board of directors and the personnel of the agency may not be prosecuted by reason of an official act performed in good faith in the exercise of their functions.

2000, c. 53, s. 18.

CHAPTER VIII TRANSITIONAL AND FINAL PROVISIONS

2000, c. 53, s. 68.

82. The Government may, by regulation made before 1 April 2003, enact any transitional measures necessary to carry out this Act.

Such regulation is not subject to the publication requirements set out in section 8 of the Regulations Act (chapter R‐18.1). In addition, once published and if it so provides, the regulation may apply from any date not prior to 1 April 2001.

2000, c. 53, s. 82.

83. The Minister of Agriculture, Fisheries and Food is responsible for the administration of this Act.

2000, c. 53, s. 83.

84. (Omitted).

2000, c. 53, s. 84.