S-8 - Act respecting the Société d’habitation du Québec

Section 85.2 Disposition versions

2024-02-21

85.2. The Minister may, after taking cognizance of facts revealed as a result of actions taken to ascertain compliance with the law, and after giving the directors of the housing agency concerned an opportunity to present their observations in writing on those facts within 15 days of receipt of a written notice of the Minister to that effect, suspend the powers of the directors from the date he determines, for a period not exceeding 12 months, and appoint provisional administrators to exercise the powers of the directors during the suspension, if the facts give him cause to believe

(1)  that the directors have been seriously remiss in the performance of the obligations imposed by the Civil Code on administrators of a legal person, of the obligations imposed on them under this Act or under a regulation hereunder, or of the obligations arising out of a housing program or agreement under the terms of which the agency receives financial assistance;

(2)  that there has been a grievous offence, in particular malfeasance or breach of trust on the part of one or more of the directors or other officers of the agency;

(3)  that one or more of the directors or other officers of the agency has performed an act that is inconsistent with the rules of sound management applicable to an agency that receives financial assistance paid out of public funds;

(4)  that the agency has engaged in practices that are inconsistent with the objectives or standards of the housing program under which financial assistance is granted to it;

(5)  that one or more of the directors or other officers of the agency have intimidated, harassed or mistreated any occupant of a dwelling situated in a residential immovable belonging to or administered by the agency, or have taken no action to put an end to the mistreatment, harassment or intimidation reported to them.

The decision of the Minister, with reasons, shall be sent with dispatch to the directors of the housing agency. In addition, a notice of the decision shall be published in the Gazette officielle du Québec.

1996, c. 57, s. 1; 2019, c. 28, s. 114; 2024, c. 2, s. 60.

2020-01-10

85.2. The Minister may, after taking cognizance of facts revealed as a result of actions taken to ascertain compliance with the law, and after giving the directors of the housing agency concerned an opportunity to present their observations in writing on those facts within 15 days of receipt of a written notice of the Minister to that effect, suspend the powers of the directors from the date he determines, for a period not exceeding 120 days, and appoint provisional administrators to exercise the powers of the directors during the suspension, if the facts give him cause to believe

(1)  that the directors have been seriously remiss in the performance of the obligations imposed by the Civil Code on administrators of a legal person, of the obligations imposed on them under this Act or under a regulation hereunder, or of the obligations arising out of a housing program or agreement under the terms of which the agency receives financial assistance;

(2)  that there has been a grievous offence, in particular malfeasance or breach of trust on the part of one or more of the directors or other officers of the agency;

(3)  that one or more of the directors or other officers of the agency has performed an act that is inconsistent with the rules of sound management applicable to an agency that receives financial assistance paid out of public funds;

(4)  that the agency has engaged in practices that are inconsistent with the objectives or standards of the housing program under which financial assistance is granted to it;

(5)  that one or more of the directors or other officers of the agency have intimidated, harassed or mistreated any occupant of a dwelling situated in a residential immovable belonging to or administered by the agency, or have taken no action to put an end to the mistreatment, harassment or intimidation reported to them.

The decision of the Minister, with reasons, shall be sent with dispatch to the directors of the housing agency. In addition, a notice of the decision shall be published in the Gazette officielle du Québec.

1996, c. 57, s. 1; 2019, c. 28, s. 114.

1999-04-01

85.2. The Minister may, after taking cognizance of facts revealed as a result of actions taken to ascertain compliance with the law, and after giving the directors of the housing agency concerned an opportunity to present their observations in writing on those facts within 15 days of receipt of a written notice of the Minister to that effect, suspend the powers of the directors from the date he determines, for a period not exceeding 120 days, and appoint provisional administrators to exercise the powers of the directors during the suspension, if the facts give him cause to believe

(1)  that the directors have been seriously remiss in the performance of the obligations imposed by the Civil Code on administrators of a legal person, of the obligations imposed on them under this Act or under a regulation hereunder, or of the obligations arising out of a housing program or agreement under the terms of which the agency receives financial assistance;

(2)  that there has been a grievous offence, in particular malfeasance or breach of trust on the part of one or more of the directors or other officers of the agency;

(3)  that one or more of the directors or other officers of the agency has performed an act that is inconsistent with the rules of sound management applicable to an agency that receives financial assistance paid out of public funds;

(4)  that the agency has engaged in practices that are inconsistent with the objectives or standards of the housing program under which financial assistance is granted to it.

The decision of the Minister, with reasons, shall be sent with dispatch to the directors of the housing agency. In addition, a notice of the decision shall be published in the Gazette officielle du Québec.

1996, c. 57, s. 1.