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An Act Respecting the Ministère du Conseil Exécutif - Division II Canadian Intergovernmental Affairs

DIVISION II
CANADIAN INTERGOVERNMENTAL AFFAIRS

The Minister responsible for Canadian Intergovernmental Affairs and the Canadian Francophonie is responsible for the administration of Division II of this Act. Order in Council 359-2014 dated 24 April 2014, (2014) 146 G.O. 2 (French), 1870.

1. — General Provisions

3.1. The Prime Minister or the Minister designated by the Government in accordance with section 9 of the Executive Power Act (chapter E-18), hereinafter called “the Minister”, is responsible for the administration of this division.

1984, c. 47, s. 110.

3.2. The Minister shall elaborate and propose to the Government a policy on Canadian intergovernmental affairs, and shall implement it.

The Minister shall advise the Government on any question relating to Canadian intergovernmental relations. The Minister is the depositary of Canadian intergovernmental agreements and, as such, the Minister shall establish a bureau des ententes and prescribe the method of registration of such agreements. The original or, failing that, a true copy of each Canadian intergovernmental agreement must be deposited in the bureau des ententes. In addition, the Minister may at any time require a copy of any agreement referred to in section 3.11, 3.12, 3.12.1 or the first paragraph of section 3.13.

The Minister shall analyze the information gathered by the departments and agencies of the Government and by the offices established under section 3.15, the programs and policies of the Government of Canada and of the governments of the other provinces, and the federal and provincial Acts.

The Minister shall promote information about Québec in the other provinces and shall propose and implement measures of all kinds to further its influence there.

The Minister shall establish and maintain such relations with other governments in Canada and their departments or agencies as the Gouvernement du Québec considers it expedient to have with them.

The Minister is responsible for the activities carried on in Canada, outside Québec, by the Government, its departments and agencies. In that connection, he and each minister concerned may agree upon the manner in which they will cooperate. He may also recommend that the Government entrust the responsibility for certain of those activities to another minister.

1984, c. 47, s. 110; 1988, c. 41, s. 72; 2002, c. 60, s. 1.

3.3. It is the duty of the Minister, in agreement with the interested departments and agencies, to promote the interests of Québec and the cultural, economic and social development of the people of Québec by the establishment of Canadian intergovernmental relations.

1984, c. 47, s. 110; 1988, c. 41, s. 73.

3.4. The Minister is responsible for official communications between the Gouvernement du Québec and other governments in Canada; he shall, for that purpose, maintain the necessary liaison with their representatives in the territory of Québec.

1984, c. 47, s. 110.

3.5. The Minister, in conducting Canadian intergovernmental affairs, shall see that the constitutional jurisdiction of Québec and the integrity of its institutions are respected.

The Minister shall furthermore ensure the participation of the Government in the preparation and implementation in Canada of federal policies and programs affecting the development of Québec and, for that purpose, favour intergovernmental cooperation.

1984, c. 47, s. 110; 2002, c. 60, s. 2.

3.5.1. The Minister shall identify the policies and programs of the Government of Canada and of the governments of the other provinces which may have an impact financially, economically or otherwise in Québec, and assess them in cooperation with the departments and agencies concerned.

1988, c. 41, s. 74.

3.6. The Minister shall cooperate with the other departments of the Government for the implementation in Canada, outside Québec, of policies for which they are responsible, namely, in the sectors of immigration, education, industry and commerce, communications and cultural affairs.

1984, c. 47, s. 110.

3.6.1. The Minister shall devise and propose to the Government programs of cooperation with French-speaking Canadians outside Québec, and see to their implementation.

1988, c. 41, s. 75.

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2. — Canadian Intergovernmental and Other Agreements

3.6.2. In this subdivision,

“Canadian intergovernmental agreement” means an agreement between the Government or one of its departments or government agencies and another government in Canada, one of its departments or government agencies, or a federal public agency;

“federal public agency” means

  1. a legal person or agency that, although not a federal government agency, has one of the following characteristics:
    1. a majority of its members come from the federal public sector, that is, are appointed by the federal government, a federal minister, a federal government agency or another federal public agency;
    2. its personnel is appointed in accordance with the Public Service Employment Act (Revised Statutes of Canada, 1985, chapter P-33);
    3. more than half of its financing is derived from federal public funds, that is, from the federal Consolidated Revenue Fund, a federal government agency or another federal public agency;
    4. a periodic financial or other report concerning its activities is required by law to be tabled in the Federal Parliament;
  2. a group of federal public agencies;

“government agency” means a legal person or agency that, under its constituting Act, is empowered to make inquiries, issue permits or licences or make regulations for purposes other than its internal management and, if it is a legal person, has one of the following characteristics:

    1. it is the mandatary or agent of the State or of another government in Canada;
    2. it enjoys the rights and privileges of a mandatary or agent referred to in paragraph 1;

“municipal body” means

  1. a municipality;
  2. a metropolitan community;
  3. a legal person or body that has one of the following characteristics:
    1. a majority of its members are appointed by one or more municipal bodies;
    2. more than half of its financing is provided by one or more municipal bodies;
  4. a group of municipal bodies;

“public agency” means

  1. a legal person or agency that, although not a government agency, a municipal body or a school body, has one of the following characteristics:
    1. a majority of its members come from the Québec public sector, that is, are appointed by the Government, a minister, a government agency, a municipal body, a school body or another public agency;
    2. its personnel is appointed in accordance with the Public Service Act (chapter F-3.1.1);
    3. more than half of its financing is derived from Québec public funds, that is from the Consolidated Revenue Fund, a government agency, a municipal body, a school body or another public agency;
  2. a group of public agencies;

“school body” means

  1. a school board;
  2. the Comité de gestion de la taxe scolaire de l'île de Montréal;
  3. a legal person or body that has one of the following characteristics:
    1. a majority of its members are appointed by one or more school bodies;
    2. more than half of its financing is provided by one or more school bodies;
  4. a group of school bodies.

2002, c. 60, s. 3; 2002, c. 75, s. 33.

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3.7. The Minister shall oversee the negotiation of Canadian intergovernmental agreements and their implementation and administer the programs of intergovernmental exchanges resulting therefrom, except as provided by the Government.

The programs of exchanges contemplated in the first paragraph shall be elaborated, in agreement with the Minister, by the departments and agencies in the fields of their jurisdiction.

1984, c. 47, s. 110; 2002, c. 60, s. 4.

3.8. Notwithstanding any other legislative provision, Canadian intergovernmental agreements must, to be valid, be approved by the Government and be signed by the Minister.

The Minister may authorize, in writing, any person to sign a Canadian intergovernmental agreement on behalf of the Minister; that person's signature shall have the same effect as the Minister's signature. The authorization may pertain to a specific agreement or a class of agreements.

1984, c. 47, s. 110; 2002, c. 60, s. 5.

3.9. When a person other than the Minister may, by law, enter into Canadian intergovernmental agreements, the signature of such a person continues to be required to give effect to the agreements unless otherwise ordered by the Government.

1984, c. 47, s. 110.

3.10. The Government may authorize the Minister to be sole signatory to a Canadian intergovernmental agreement which another person is empowered by law to conclude. In such a case, the signature of the Minister shall have the same effect as that of the person empowered.

1984, c. 47, s. 110.

3.11. Except to the extent expressly provided for by law, no municipal body or school body may, without the prior authorization of the Government, enter into any agreement with another government in Canada or one of its departments or government agencies, or with a federal public agency.

The Government may attach such conditions as it determines to the authorization.

Any contravention of the provisions of the first paragraph or any failure to comply with the conditions referred to in the second paragraph entails the nullity of the agreement.

The Minister, concurrently with the minister responsible for or the minister who subsidizes the municipal or school body, shall see to the negotiation of the agreement.

1984, c. 47, s. 110; 1988, c. 41, s. 76; 1988, c. 84, s. 664; 1990, c. 85, s. 119; 1999, c. 40, s. 191; 2000, c. 56, s. 218; 2002, c. 60, s. 6.

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3.12. No public agency may, without the prior written authorization of the Minister, enter into any agreement with another government in Canada or one of its departments or government agencies, or with a federal public agency.

The minister responsible for or the minister who subsidizes the public agency shall give an advisory opinion on the draft agreement to the Minister before the decision on the application for authorization is made.

The Minister may attach such conditions as he or she determines to the authorization. The Minister may, in particular, fix as a condition that the financing obtained under the agreement referred to in the first paragraph will not be subsequently taken into consideration to determine whether or not the agency is subject to this section.

Any contravention of the provisions of the first paragraph or any failure to comply with the conditions referred to in the third paragraph entails the nullity of the agreement.

The Minister, concurrently with the minister responsible for or the minister who subsidizes the public agency, shall see to the negotiation of the agreement.

1984, c. 47, s. 110; 1988, c. 41, s. 77; 1999, c. 40, s. 191; 2000, c. 8, s. 242; 2002, c. 60, s. 7.

3.12.1. No government agency, municipal body or school body may, without the prior authorization of the Government, permit or tolerate being affected by any agreement entered into between a third person and another government in Canada or one of its departments or government agencies, or a federal public agency.

The Government may attach such conditions as it determines to the authorization.

The first paragraph also applies to a public agency which, in that case, must obtain prior authorization in writing from the Minister, who may attach such conditions as he or she determines to the authorization. The minister responsible for or the minister who subsidizes the public agency shall give an advisory opinion to the Minister before the decision on the application for authorization is made.

For the purposes of the first paragraph, an agency or body is permitting or tolerating being affected by an agreement when, for instance, it enters into an agreement that is related to an agreement referred to in that paragraph.

Any contravention of the first or third paragraph or any failure to comply with the conditions referred to in the second or third paragraph entails, for the agency or body, the nullity of any stipulation or agreement having any effect whatever in its respect.

2002, c. 60, s. 8.

3.13. The Government, to such extent and subject to such conditions as it determines, may exempt the whole or a part of an agreement or class of agreements which it designates from the application of this division.

Agreements entered into within the scope of relations established by the National Assembly with parliamentary institutions are in particular excluded from this division.

1984, c. 47, s. 110; 1988, c. 41, s. 78; 2002, c. 60, s. 9.

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3. — Representation of Québec in Canada

3.14. The Minister has the direction of Québec representation in Canada.

1984, c. 47, s. 110.

3.15. The Minister may, with the approval of the Government, establish offices in Canada, outside Québec, and appoint heads of post to them.

1984, c. 47, s. 110; 1988, c. 41, s. 79.

3.16. Only the Minister, the Deputy Minister or the Associate Secretary General of the Conseil exécutif designated by the latter may assign a person in Canada, outside Québec, to perform duties within an office there.

Only the Minister, the Deputy Minister or the Associate Secretary General of the Conseil exécutif designated by the latter or a person designated by any of them may recruit a person in Canada, outside Québec, to perform duties within an office there.

The persons so assigned or recruited shall perform their duties under the authority of the head of post.

The Minister, the Deputy Minister or the Associate Secretary General of the Conseil exécutif designated by the latter shall assign or recruit a person in Canada, outside Québec, after consulting with the minister concerned, if any; a person designated by any of them to recruit a person in Canada, outside Québec, shall do so after consulting with the minister concerned, if any.

1984, c. 47, s. 110; 1988, c. 41, s. 80.

3.17. Despite the Act respecting the Centre de services partagés du Québec (chapter C-8.1.1) and sections 27 and 30 of the Public Infrastructure Act (chapter I-8.3), the Minister shall provide the heads of post and persons assigned in Canada, outside Québec, with the premises, the staff and the services necessary for the performance of their duties.

The Minister is responsible in particular for the acquisition, lease and management generally of the required property and he may, for such purpose,

  1. build or maintain any property;
  2. acquire, sell, alienate or lease any property or any real right;
  3. with the authorization of the Government on the recommendation of the Minister of Finance, contract any loan or offer as security any property or any real right.

1984, c. 47, s. 110; 1986, c. 52, s. 19; 1988, c. 41, s. 81; 1991, c. 4, s. 3; 1994, c. 18, s. 43; 1999, c. 40, s. 191; 2005, c. 7, s. 72; 2013, c. 23, s. 128.

3.18. The head of post shall exercise his functions under the authority of the Deputy Minister or the Associate Secretary General of the Conseil exécutif that he designates.

The head of post shall supervise and manage the personnel of the office under his responsibility.

1984, c. 47, s. 110.

3.19. (Repealed).

1984, c. 47, s. 110; 1988, c. 41, s. 82.

3.20. The Conseil du trésor shall determine, after consultation with the Minister, the conditions of employment specifically related to the assignment in Canada, outside Québec, of any class of persons.

The Conseil du trésor shall also determine the employment plan applicable to persons recruited outside Québec.

1984, c. 47, s. 110.

3.21. Every official delegation of Québec to a federal-provincial or interprovincial ministerial conference shall be constituted and commissioned by the Government.

No person shall, at an intergovernmental conference or meeting in Canada, take a position in the name of the Government, unless he has received an express mandate for such purpose given under the authority of the Minister. The same rule applies to every mission sent in the name of the Government to another government in Canada or to a department or agency of such a government.

1984, c. 47, s. 110.

3.22. Within the framework of the agreements or ententes for cooperation made by the Gouvernement du Québec with another government in Canada, the Minister shall in cooperation with the interested departments see to the elaboration and implementation of cooperation programs in sectors where exchanges are most likely to promote the cultural and economic development and influence of Québec.

1984, c. 47, s. 110.

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