4. For the purposes of this Act, public bodies include
(1) government departments;
(2) budget-funded bodies listed in Schedule 1 to the Financial Administration Act (chapter A‑6.001), except bodies referred to in section 6; (3) bodies whose personnel is appointed in accordance with the Public Service Act (chapter F-3.1.1);
(4) bodies other than budget-funded bodies listed in Schedule 2 to the Financial Administration Act, except Héma-Québec, as well as the Commission de la construction du Québec, the Cree-Québec Forestry Board and the Office franco-québécois pour la jeunesse;
(5) school service centres, school boards, the Comité de gestion de la taxe scolaire de l’île de Montréal, general and vocational colleges, and university institutions referred to in paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level (chapter E-14.1); (6) public institutions governed by the Act respecting health services and social services (chapter S-4.2), the health and social services network insurance manager referred to in section 435.1 of that Act, the Nunavik Regional Board of Health and Social Services established under section 530.25 of that Act, the Cree Board of Health and Social Services of James Bay established under the Act respecting health services and social services for Cree Native persons (chapter S-5) and health communication centres within the meaning of the Act respecting pre-hospital emergency services (chapter S-6.2);
(6.1) subsidiaries of one or more public bodies referred to in subparagraph 4, 5 or 6 of this paragraph; and
(7) any other body or category of bodies that the Government determines.
A person appointed or designated by the Government or a minister, together with the personnel directed by the person, in the exercise of the functions assigned to the person by law, the Government or a minister, is considered to be a body.
For the purposes of subparagraph 6.1 of the first paragraph, a legal person or partnership controlled by one or more public bodies is a subsidiary of one or more public bodies.
A legal person is controlled by one or more public bodies when the body or bodies hold, directly or through legal persons the body or bodies control, more than 50% of the voting rights attached to the participations of the legal person or when the body or bodies can elect a majority of its directors.
A partnership is controlled by one or more public bodies when the body or bodies hold, directly or through legal persons the body or bodies control, more than 50% of the participations. However, a limited partnership is controlled by one or more public bodies when the body or bodies or a legal person the body or bodies control is the general partner of the partnership.
The public bodies referred to in this section are subject to this Act even when exercising the fiduciary functions assigned to them by law.
2006, c. 29, s. 4; 2011, c. 16, s. 182; 2017, c. 21, s. 77; 2017, c. 272017, c. 27, s. 9011; 2018, c. 102018, c. 10, s. 411; 2020, c. 12020, c. 1, s. 309114; 2020, c. 22020, c. 2, s. 231; 2022, c. 182022, c. 18, s. 10511.