C-57.01 - Act respecting the Conseil des aînés

Abrogée le 1^er juillet 2011

Ce document a valeur officielle.

chapter C-57.01

Act respecting the Conseil des aînés

Repealed, 2011, c. 16, s. 102.

2011, c. 16, s. 102.

DIVISION I ESTABLISHMENT AND ORGANIZATION

1. A council is hereby established under the name of “Conseil des aînés”.

1992, c. 64, s. 1.

2. The council shall consist of 18 members of whom 12 are voting members.

1992, c. 64, s. 2; 1996, c. 21, s. 37; 2005, c. 24, s. 26.

3. The voting members of the council shall be chosen for their concern for the elderly and so as to reflect the composition of Québec society. They shall be appointed by the Government, on the recommendation of the Minister responsible for the administration of this Act, following consultation with the most representative bodies involved, for the whole of Québec, in the protection of the rights or the promotion of the interests of the elderly.

The Deputy Minister of Health and Social Services, the Deputy Minister of Justice, the Deputy Minister of Transport, the Deputy Minister of Employment and Social Solidarity, the Deputy Minister of Families, Seniors and the Status of Women and the chairman of the Société d’habitation du Québec, or the persons delegated by them, shall also be members of the council, but are not entitled to vote.

1992, c. 64, s. 3; 1994, c. 12, s. 67; 1996, c. 21, s. 38; 1997, c. 22, s. 16; 1997, c. 63, s. 128; 2001, c. 44, s. 30; 2005, c. 24, s. 27.

4. On the Minister’s recommendation, a vice-chairman shall be designated by the Government from among the voting members.

1992, c. 64, s. 4.

5. The chairman shall be appointed for a maximum term of five years, and the other voting members for a maximum term of three years.

At the end of their terms, the chairman and the voting members shall remain in office until they are reappointed or replaced. Their appointment may be renewed only once.

1992, c. 64, s. 5.

6. Any vacancy occurring during the term of office of a voting member shall be filled in accordance with the method of appointment set out in section 3.

1992, c. 64, s. 6.

7. The chairman shall be responsible for the administration and general management of the council. He shall also act as liaison between the council and the Minister.

The vice-chairman shall replace the chairman when the latter is absent or unable to act.

1992, c. 64, s. 7.

8. The Government shall fix the remuneration, social benefits and other conditions of employment of the chairman and of the vice-chairman when he replaces the chairman.

Subject to the provisions of the first paragraph, the voting members of the council receive no remuneration. They are entitled, however, to the reimbursement of expenses incurred in the performance of their duties, on the conditions and to the extent determined by the Government.

1992, c. 64, s. 8.

9. The council may hold its meetings anywhere in Québec.

A majority of the voting members, including the chairman or the vice-chairman, constitutes a quorum at meetings of the council.

1992, c. 64, s. 9.

10. Council decisions shall be made by a majority vote of the voting members present.

In the case of a tie-vote, the chairman of the council or, in his absence, the vice-chairman, has a casting vote.

1992, c. 64, s. 10.

11. The secretary and the other staff members of the council shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

1992, c. 64, s. 11; 2000, c. 8, s. 242.

12. The secretariat of the council shall be located in the territory of Ville de Québec, at the place determined by the Government.

Notice of the location of the secretariat or of any change in its location shall be published in the Gazette officielle du Québec.

1992, c. 64, s. 12; 2000, c. 56, s. 220.

DIVISION II FUNCTIONS AND POWERS

13. The main functions of the council are to promote the rights and interests of the elderly and their participation in community life, and to advise the Minister on any matter concerning the elderly, in particular in connection with solidarity between generations, openness to pluralism, and closer intercultural relations.

1992, c. 64, s. 13; 1997, c. 22, s. 17.

14. In exercising its functions, the council may

(1)  advise the Minister in the planning, implementation and coordination of government policies and the programs and services intended to respond to the needs of the elderly;

(2)  advise the Minister on the order of priority to be given to such programs and services;

(3)  bring to the Minister’s attention any matter relating to the elderly which calls for government attention or action, and submit recommendations in this respect;

(4)  propose to the Minister the setting up of programs and services that respond to the needs of the elderly and are intended to prevent or correct the situations of abuse to which they may fall victim;

(5)  solicit and receive opinions and recommendations from persons and bodies on any matter relating to the elderly;

(6)  engage in or commission surveys and research on the particular preoccupations of the elderly;

(7)  prepare and distribute, and encourage third parties to prepare and distribute, documents and information programs relating to the elderly and the services and benefits offered to them.

1992, c. 64, s. 14.

15. The council shall advise the Minister on any question he submits to it with respect to the elderly.

The council may not make public any advice formulated under the first paragraph until 60 days have elapsed since the forwarding of the advice to the Minister.

1992, c. 64, s. 15.

16. The council may form committees for the examination of specific matters and determine their powers and duties.

1992, c. 64, s. 16.

17. The council may adopt by-laws to regulate its internal management.

1992, c. 64, s. 17.

DIVISION III FISCAL YEAR

18. The fiscal year of the council ends on 31 March each year.

1992, c. 64, s. 18.

19. Not later than 30 September each year, the council shall transmit to the Minister a report on its activities for the preceding fiscal year.

The Minister shall table the report before the National Assembly within 30 days of receipt or, if it is not sitting, within 30 days of resumption.

1992, c. 64, s. 19.

DIVISION IV FINAL PROVISIONS

20. The council must, not later than 1 January 1998 and every five years thereafter, report to the Government on the administration of this Act.

The report shall be tabled within the following 15 days before the National Assembly or, if it is not sitting, deposited with the President.

1992, c. 64, s. 20.

21. The Committee on the National Assembly shall designate, as soon as possible, the committee which will study the report on the administration of this Act.

Within one year from the date of the tabling of the report before the National Assembly, the designated committee must study the advisability of maintaining the Act in force or, where necessary, of amending it, and hear the representations of interested persons and bodies in that respect.

1992, c. 64, s. 21.

22. The sums required for the carrying out of this Act shall be taken, for the 1993-94 fiscal year, out of the consolidated revenue fund to the extent determined by the Government.

1992, c. 64, s. 22.

23. The Minister of Families, Seniors and the Status of Women is responsible for the administration of this Act.

1992, c. 64, s. 23; 1996, c. 21, s. 39; 2005, c. 24, s. 28.

The Minister responsible for Seniors exercises the functions of the Minister of Families, Seniors and the Status of Women as regards the administration of this Act. Order in Council 675-2010 dated 11 August 2010, (2010) 142 G.O. 2 (French), 3671.

24. (Omitted).

1992, c. 64, s. 24.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 64 of the statutes of 1992, in force on 1 September 1994, is repealed, except section 24, effective from the coming into force of chapter C-57.01 of the Revised Statutes.