Voir les informations

Détails du document

Informations détaillées

Conditions générales d'utilisation :
Protégé par droit d'auteur

Consulter cette déclaration

Titre :
Gazette officielle du Québec. Québec official gazette.
La Gazette officielle du Québec est le journal officiel de l'État québécois. Parue pour la première fois le 16 janvier 1869, elle diffuse chaque semaine l'ensemble des textes dont la publication est requise : lois, règlements, décrets, arrêtés, avis, etc. Pour les éditions publiées depuis 1996, consultez le site Web des Publications du Québec. [...]
La Gazette officielle du Québec est le journal de diffusion des textes gouvernementaux dont la publication est requise : lois, règlements, décrets, arrêtés, avis, nominations, etc. La publication présente chaque semaine les textes qui ont valeur officielle pour la gouvernance et la conduite des nombreuses sphères d'activité de la société québécoise.

La Gazette est la plus ancienne publication de l'Éditeur officiel du Québec, aujourd'hui les Publications du Québec. Jusqu'en 1972, la Gazette officielle a paru sous un titre unique. Depuis 1973, elle est scindée en deux parties. La première publie les avis juridiques qui émanent du gouvernement et des autres organismes régis par les lois québécoises. La seconde diffuse les lois, règlements, décrets et autres textes dont la publication est obligatoire. À partir de 1977, la deuxième partie est publiée séparément en français et en anglais, la version anglaise paraissant avec quelques jours de décalage. La publication simultanée des deux versions a été imposée par la Cour suprême du Canada en 1979.

Les avis et ordonnances du gouvernement de la colonie sont imprimés à Québec dès 1764, au moment où le premier journal québécois, la Gazette de Québec, publication bilingue, est désigné par le gouverneur Murray pour les diffuser. William Brown, Samuel Neilson, et surtout John Neilson, puis Samuel Neilson et son associé William Cowan éditent la Gazette de Québec jusqu'en 1823, alors que John Charlton Fisher, plus loyal au pouvoir, commence la publication de la Gazette de Québec publiée par autorité. La Canada Gazette, aussi de nature officielle, sera publiée en parallèle à partir de 1841. C'est le 16 janvier 1869, à la suite de la création du Canada, que le nouveau gouvernement québécois publie le premier numéro de la Gazette officielle du Québec.

En plus des textes de nature juridique produits par le gouvernement, la Gazette officielle du Québec publie l'ensemble des références officielles concernant les collectivités, qui permettent de retracer l'histoire des municipalités, des commissions scolaires et des paroisses. On y trouve aussi de l'information sur la construction des ponts, ainsi que sur l'ouverture des routes et des chemins de fer.

On trouve dans la Gazette officielle du Québec la documentation relative à la constitution et à la dissolution de compagnies, de syndicats, d'associations, et de corporations professionnelles. Des avis, comme des demandes de changement de nom, des ventes par shérif et des actions en séparation de corps et de biens, y sont aussi régulièrement publiés.

La consultation de l'index périodique, publié séparément et intégré à la Collection numérique de BAnQ, a traditionnellement permis aux chercheurs de s'y orienter.

Dès les premières années de la publication, les hommes politiques, le clergé, les municipalités et les professionnels des milieux juridiques en sont les principaux destinataires. La Gazette est tirée à 1500 exemplaires en 1871. En 1994, 125 ans après sa première parution, le tirage cumulatif de la partie 1, de la partie 2 et de la version anglaise atteint 9000 exemplaires.

Il est à noter que les décrets gouvernementaux ne sont pas publiés systématiquement dans la Gazette officielle du Québec. S'il ne trouve pas ce dont il a besoin, le chercheur peut se tourner vers le fonds d'archives Ministère du Conseil exécutif (E5) conservé au Centre d'archives de Québec de BAnQ.

La Gazette officielle du Québec - 125 ans d'édition gouvernementale, Québec, Publications du Québec, 1993, 219 p.

Éditeur :
  • Québec :Éditeur officiel du Québec,1973-2024
Contenu spécifique :
Partie 2 anglais mercredi 18 (no 20)
Genre spécifique :
  • Journaux
Fréquence :
chaque semaine
Notice détaillée :
Titre porté avant ou après :
    Prédécesseur :
  • Gazette officielle de Québec
Lien :

Calendrier

Sélectionnez une date pour naviguer d'un numéro à l'autre.

Fichiers (2)

Références

Gazette officielle du Québec. Québec official gazette., 1994-05-18, Collections de BAnQ.

RIS ou Zotero

Enregistrer
[" Gazette officielle du Québec Summary TABLE OF CONTENTS COMING INTO FORCE OF ACTS REGULATIONS AND OTHER ACTS DRAFT REGULATIONS MUNICIPAL AFFAIRS INDEX Legal deposit \u2014 1\" Quarterly 1968 Bibliothèque nationale du Québec © Editeur officiel du Québec, 1994 All rights reserved in all countries.No part of this publication may be translated, used or reproduced for commercial purposes by any means, whether electronic or mechanical, including micro-reproduction, without the written authorization of the Québec Official Publisher.Part 2 Volume 126 18 May 1994 No.20 Regulations NOTICE TO READERS The Gazette officielle du Québec (Laws and Regulations) is published under the authority of the Act respecting the Ministère des Communications (R.S.Q.c.M-24) and the Regulation respecting the Gazette officielle du Québec (O.C.3333-81 dated 2 December 1981 amended by O.C.2856-82 dated 8 December 1982 and O.C.1774-87 dated 24 November 1987).Part 2 of the Gazette officielle du Québec is published at least every Wednesday under the title \"LOIS ET RÈGLEMENTS\".If a Wednesday is a legal holiday, the Official Publisher is authorized to publish on the preceding day or on the Thursday following such holiday.1.Part 2 contains: 1° Acts assented to, before their publication in the annual collection of statutes; 2° proclamations of Acts; 3° regulations made by the Government, a minister or a group of ministers and of Government agencies and semi-public agencies described by the Charter of the French language (R.S.Q., c.C-ll), which before coming into force must be approved by the Government, a minister or a group of ministers; 4° Orders in Council of the Government, decisions of the Conseil du trésor and ministers' orders whose publication in the Gazette officielle du Québec is required by law or by the Government; 5° regulations and rules made by a Government agency which do not require approval by the Government, a minister or a group of ministers to come into force, but whose publication in the Gazette officielle du Québec is required by laws; 6° rules of practice made by judicial courts and quasi-judicial tribunals; 7° drafts of the texts mentioned in paragraph 3 whose publication in the Gazette officielle du Québec is required by law before their adoption or approval by the Government.2.The English edition The English edition of the Gazette officielle du Québec is published at least every Wednesday under the title \"Part 2 \u2014 LAWS AND REGULATIONS\".When Wednesday is a holiday, the Official Publisher is authorized to publish it on the preceding day or on the Thursday following such holiday.The English version contains the English text of the documents described in paragraphs 1, 2, 3, 5, 6 and 7 of section I.3.Rates 1.Subscription rates* Part 2 (French).93 $ per year English edition .93 $ per year 2.Rates for sale separate numbers* Separate numbers of the Gazette officielle du Québec sell for 5,32 $ a copy.For information concerning the publication of notices, please call: Gazette officielle du Québec 1500 D, boul.Charest Ouest 1- étage Sainte-Foy (Québec) GIN 2E5 Téléphone: (418) 644-7794 (418) 644-7795 Offprints or subscription only: Offprints Ministère des Communications Service des ventes postales CP 1005 Québec G1K7B5 Téléphone: (418) 643-5150 Subscriptions Service à la clientèle Division des abonnements CP 1190 Outremont (Québec) H2V 4S7 Téléphone: (514) 948-1222 * Taxes not included Table of contents Page Coming into force of Acts 653-94 Forest Act and to repeal various legislative provisions, An Act to amend the.\u2014 Coming into force of paragraph 1 of section 30 .1855 Regulations and other acts 632-94 Collective agreement decrees, An Act respecting.\u2014 Automotive services \u2014 Lanaudière-Laurentides\u2014 Extension .1857 633-94 Conservation and development of wildlife, An Act respecting the.\u2014 Parks (Amend.) \u2014 Scale of fees and duties (Amend.) .1858 643-94 Société de développement industriel du Québec, An Act respecting the.\u2014 SMB Recovery Support Program (Amend.) .1859 644-94 Société de développement industriel, An Act respecting the.\u2014 Programs of the Société de développement industriel du Québec (Amend.) .1861 645-94 Société de développement industriel du Québec, An Act respecting the.\u2014 Program to Promote Investment (Amend.).1862 646-94 Société de développement industriel du Québec, An Act respecting the.\u2014 Program to Promote Technological Development and Design (Amend.).1863 647-94 Société de développement industriel du Québec, An Act respecting the.\u2014 Program to Promote the Grouping or Strategic alliance of Businesses (Amend.).1865 648-94 Société de développement industriel du Québec, An Act respecting the.\u2014 Program for Export Development (Amend.).1866 649-94 Société de développement industriel du Québec, An Act respecting the.\u2014 Program to Promote Investment in Tourism (Amend.).1867 650-94 Assistance for the development of cooperatives, An Act respecting.\u2014 Program to Promote the Development of Cooperative Undertakings (Amend.).1868 654-94 Forest Act \u2014 Forests in the public domain \u2014 Scaling standards for timber harvested.1869 657-94 Supplemental Pension Plan Act \u2014 Plans exempted from die application of certain provisions of the Act (Amend.) .1871 658-94 Supplemental Pension Plans Act (Amend.).1876 Draft Regulations Architects \u2014 Code of ethics .1881 Conservation and development of wildlife, An Act respecting the.\u2014 Sale of Game Meat.1882 Financial Administration Act \u2014 Ministère des Approvisionnements et Services, An Act respecting.I\u2014 Institut de recherche et d'information sur la rémunération \u2014 Certain contracts .1883 Income security, An Act respecting.\u2014 Income security.1884 Québec Pension Plan, An Act respecting the.\u2014 Benefits .1884 Respiratory therapists \u2014 Cessation of practice.1888 Security Guards.1890 Municipal affairs 578-94 Amalgamation of village de Coteau-Landing and the village de Coteau-Station.1895 Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 1855 Coming into force of Acts Gouvernement du Québec O.C.653-94,4 May 1994 An Act to amend the Forest Act and to repeal various legislative provisions (1993, c.55) \u2014 Coming into force of paragraph 1 of section 30 Coming into force of paragraph 1 of section 30 of the Act to amend the Forest Act and to repeal various legislative provisions Whereas the Act to amend the Forest Act and to repeal various legislative provisions (1993, c.55) was passed on 10 December 1993 and was assented to on 13 December 1993; Whereas section 42 of the Act stipulates that the Act comes into force on 13 December 1993, with the exception of section 2, which will come into force on 1 January 1994 and sections 27 and 30, which will come into force on the date fixed by the Government; Whereas it is expedient to fix at 4 May 1994 the date of the coming into force of paragraph 1 of section 30 of that Act; It is ordered, therefore, upon the recommendation of the Minister of Natural Resources: That 4 May 1994 be fixed as the date of the coming into force of paragraph 1 of section 30 of the Act to amend the Forest Act and to repeal various legislative revisions (1993, c.55).Benoît Morin, Clerk of the Conseil exécutif 8354 Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 1857 Regulations and other acts Gouvernement du Québec O.C.632-94, 4 May 1994 An Act respecting collective agreement decrees (R.S.Q., c.D-2) Automotive services \u2014 Lanaudière - Laurentides \u2014 Extension Decree to extend the Decree respecting the automotive services industry in the Lanaudière-Laurentides region Whereas under the Act respecting collective agreement decrees (R.S.Q., c.D-2), the Government made the Decree respecting the automotive services industry in the Lanaudière-Laurentides region (R.R.Q., 1981, c.D-2, r.44); Whereas the Association des industries de 1 'automobile du Canada, division du Québec, a contracting party to the Decree, is opposed to the automatic renewal of the Decree; Whereas in accordance with section 11.01 Decree, it remains in force until 30 May 1994; of the Whereas it is expedient to extend the Decree until 30 May 1995; Whereas under section II of the Regulations Act (R.S.Q., c.R-18.1 ), no proposed regulation may be made before the expiry of 45 days from its publication in the Gazette officielle du Québec or before the expiry of the period indicated in the notice accompanying it or in the Act under which it may be made, where the notice or the Act provides for a longer period; Whereas under section 12 of the Regulations Act (R.S.Q., c.R-18.1), a proposed regulation may be made without having been published as provided in section 8 of the Act, if the authority making it is of the opinion that the urgency of the situation requires it; Whereas under section 18 of that Act, a regulation may come into force on the date of its publication in the Gazette officielle du Québec where the authority that has made it is of the opinion that the urgency of the situation requires it; Whereas under sections 13 and 18 of that Act, the reason justifying the absence of prior publication and such coming into force shall be published with the regulation; Whereas in the opinion of the Government, the urgency owing to the following circumstances justifies the absence of prior publication and such coming into force: \u2014 the Decree respecting the automotive services industry in the Lanaudière-Laurentides region is in force until 30 May 1994; after that date, the working conditions of certain employees covered by the Decree might be unfavourably changed; \u2014 it is essential to further extend the Decree so as to allow sufficient time for the contracting parties to know the results of the procedures undertaken by the Ministère de l'Emploi with the representatives of the automobile sector, on the preparation of a regulation respecting provincial qualifications in the automobile trades, since those results will influence their negotiation on the future of the Decree; It is ordered, therefore, upon the recommendation of the Minister of Employment: That the Decree to extend die Decree respecting the automotive services industry in the Lanaudière-Laurentides region, attached hereto, be made.Benoît Morin, Clerk of the Conseil exécutif Decree to extend the Decree respecting the automotive services industry in the Lanaudière-Laurentides region An Act respecting collective agreement decrees (R.S.Q., c.D-2, s.8) 1 \u2022 The Decree respecting the automotive services industry in the Lanaudière-Laurentides region (R.R.Q., 1981, c.D-2, r.44), amended by Orders in Council 2573-82 dated 10 November 1982,1025-83 dated 18 May 1983, 556-89 dated 12 April 1989 and 762-89 dated 17 May 1989, extended by Orders in Council 1630-90 dated 21 November 1990 and 1559-91 dated 13 November 1991, amended by Order in Council 619-92 dated 1858 GAZETTE OFFICIELLE DU QUÉBEC.May 18,1994.Vol.126.No.20 Part 2 15 April 1992 and extended by Order in Council 649-93 dated 5 May 1993, is further extended until 30 May 1995.%m This Decree comes into force on the date of its publication in the Gazette officielle du Québec.8363 Gouvernement du Québec O.C.633-94, 4 May 1994 Parks Act (R.S.Q., c.P-9) An Act respecting the conservation and development of wildlife (R.S.Q-.c.C-6I.I) Parks \u2014 Amendments Scale of fees and duties \u2014 Amendment Regulation to amend the Parks Regulation Regulation to amend the Regulation respecting the scale of fees and duties related to the development of wildlife Whereas under paragraph d of section 9 of the Parks Act (R.S.Q., c.P-9), die Government may make regulations, in respect of a park, to fix the conditions governing any person staying, visiting or partaking in any activity there and the duties payable for fishing there according as he holds a fishing licence for resident or for non-resident and according to the species of fish sought; Whereas under section 121 of the Act respecting the conservation and development of wildlife (R.S.Q., c.C-61.1), the Government may, by regulation, in respect of a wildlife sanctuary, fix the amount of the fees exigible for the carrying on of fishing activities; Whereas by Order in Council 567-83 dated 23 March 1983, the Government made the Parks Regulation, amended in particular by the Regulation made by Order in Council 198-94 dated 2 February 1994, which fixes the amount of the dues for a daily staying licence for fishing any species other than salmon at $11.23 per person; Whereas by Order in Council 1291-91 dated 18 September 1991, the Government made the Regulation respecting the scale of fees and duties related to the devel- opment of wildlife, amended in particular by the Regulation made by Order in Council 195-94 dated 2 February 1994, which fixes the daily right of access fee for fishing any species other than anadromous Atlantic salmon at $ 11.23 per person; Whereas the Superior Court authorized the bringing of a class action in 1983 against the Attorney General of Québec in order to determine the entitlement of plaintiff Marcel Delaunais and members of the class action group to reimbursement of the amount by which the Gouvernement du Québec overcharged the daily right of access fee for fishing during the 1982 fishing season; Whereas in order to settle that class action, the parties entered into negotiations and agreed to collective recovery, in particular, the carrying out of a reparatory measure by the defendant, the Attorney General of Québec, which would take the form of a general reduction of $3 in the daily right of access fee per person for fishing any species other than anadromous Atlantic salmon for the 1994 fishing season in lieu of direct compensation for the plaintiff and the members covered .by the class action; whereas that transaction was published in a daily newspaper on 3 April 1994 and whereas no one filed an opposition thereto; whereas in accordance with article 1025 of the Code of Civil Procedure, that transaction was submitted to the Superior Court for approval on 14 April 1994; whereas that Court decided in particular that that transaction seemed to serve the interests of the members of the class action, whose identity is impossible to establish, and to each of whom the amount owing is minimal; Whereas the Superior Court rendered a judgment on 14 April 1994 by which the Court approved and confirmed the transaction entered into by the parties on 31 March 1994 and which gave legal effect to that transaction and rendered each and every provision of the said transaction executory; Whereas in order to act upon the judgment of 14 April 1994, it is expedient to amend the Parks Regulation and) the Regulation respecting the scale of fees and duties related to the development of wildlife by reducing by $3 the daily right of access fee for fishing any species other than salmon for the 1994 fishing season; Whereas under section 12 of the Regulations Act (R.S.Q., c.R-18.1 ), a proposed regulation may be maddj without having been published as provided for in section 8 of that Act if the authority making it is of the opinion that the urgency of the situation requires it; Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 1859 whereas under section 18 of that Act, a regulation may come into force on the date of its publication in the Gazette officielle du Québec where the authority that has made it is of the opinion that the urgency of the situation requires it; Whereas under sections 13 and 18 of that Act, die reason justifying the absence of prior publication and such coming into force shall be published with the regulation; Whereas the Government is of the opinion that the urgency owing to the following circumstances justifies the absence of prior publication of the regulations and their coming into force on the date of their publication: (1) it is important to reduce the daily right of access fee for fishing for the 1994 fishing season as soon as possible because the season begins on 15 May 1994; (2) so long as the proposed amendment is not made by regulation, fishermen may not benefit therefrom; it is ordered, therefore, upon the recommendation of me Minister of the Environment and Wildlife: That the Regulation to amend the Parks Regulation and the Regulation to amend the Regulation respecting the scale of fees and duties related to the development of wildlife, attached hereto, be made.Benoît Morin, Clerk of the Conseil exécutif Regulation to amend the Regulation respecting the scale of fees and duties related to the development of wildlife An Act respecting the conservation and development of wildlife (R.S.Q.C.C-6I.1.S.121, par.1 and s.162, par.10) 1.The Regulation respecting the scale of fees and duties related to the development of wildlife, made by Order in Council 1291-91 dated 18 September 1991 and amended by the Regulations made by Orders in Council 277-92 dated 26 February 1992, 494-92 dated 1 April 1992, 310-93 dated 10 March 1993 and 195-94 dated 2 February 1994, is further amended by adding the following beneath the table in Schedule IV: \"Notwithstanding the foregoing, for the period beginning on 18 May 1994 and ending on 31 March 1995, the daily right of access fees provided for in the tabic above shall be $8.23 per day per person, except where the fees are included in the price of a package comprising lodging in a camp.\".2* This Regulation comes into force on the date of its publication in the Gazette officielle du Québec.Regulation to amend the Parks Regulation Parks Act (R.S.Q., c.P-9, s.9, par.d) 1* The Parks Regulation, made by Order in Council 567-83 dated 23 March 1983 and amended by the Regulations made by Orders in Council 1112-83 dated 1 June 1983.1385-83 dated 22 June 1983, 1404-84 dated 13 June 1984, 1915-84 dated 22 August 1984, 2330-84 dated 17 October 1984, 2479-84 dated 7 November 1984.149-85 dated 23 January 1985, 1913-85 dated 18 September 1985, 2143-85 dated 16 October 1985, 1060-87 dated 30 June 1987, 632-88 dated 27 April 1988,484-89 dated 29 March 1989,459-90 dated 4 April 1990,722-90 dated 23 May 1990,1727-90 dated 12 December 1990, 43-91 dated 16 January 1991, 278-92 dated 26 February 1992, 311-93 dated 10 March 1993 and 198-94 dated 2 February 1994, is further amended by adding the following paragraph at the end of section 1 of Schedule I: \"Notwithstanding the foregoing, for the period beginning on 18 May 1994 and ending on 31 March 1995, the dues for a daily staying licence provided for in the preceding paragraph shall be $8.23 per day per person, except where the dues are included in the price of a package comprising lodging in the park.\".2.This Regulation comes into force on the date of its publication in the Gazette officielle du Québec.8364 Gouvernement du Québec O.C.643-94,4 May 1994 An Act respecting the Société de développement industriel du Québec (R.S.Q.C.S-11.01) SMB Recovery Support Program \u2014 Amendments Regulation to amend the Regulation respecting the SMB Recovery Support Program I860 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 Part 2 Whereas under section 5 of the Act respecting the Société de développement industriel du Québec (R.S.Q., c.S-11.01), the Government may establish, by regulation, financial assistance programs designed to promote economic development in Québec; Whereas under section 47 of the Act, the Government may make regulations in particular to establish criteria to determine which businesses may receive financial assistance, and to determine the form of financial assistance and the conditions a business must fulfil to obtain such financial assistance; Whereas by Order in Council 1027-92 dated 8 July 1992, the Government made the Regulation respecting the SMB Recovery Support Program; Whereas it is expedient to amend that Regulation in order to implement the economic recovery program of the Government; Whereas under section 12 of the Regulations Act (R.S.Q., c.R-18.1), a proposed regulation may be made notwithstanding the publication requirement in section 8 of that Act if the authority making it is of the opinion that the urgency of the situation requires it; Whereas under section 18 of that Act, a regulation may come into force on the date of its publication in the Gazette officielle du Québec where the authority that has made it is of the opinion that the urgency of the situation requires it; Whereas under sections 13 and 18 of that Act, the reasons justifying the absence of prior publication and such coming into force shall be published with the regulation; Whereas in the opinion of the Government, the urgency owing to the following circumstances justifies the absence of prior publication and such coming into force: (1) as long as the proposed amendments to the Program are not made by Regulation, businesses can not benefit from them; (2) it is important for businesses to be able to benefit as soon as possible from the implementation of the proposed measures; It is ordered, therefore, on the recommendation of the Minister of Industry, Trade, Science and Technology: That the Regulation to amend the Regulation respecting the SMB Recovery Support Program, attached hereto, be made.Benoît Morin, Clerk of the Conseil exécutif Regulation to amend the Regulation respecting the SMB Recovery Support Program An Act respecting the Société de développement industriel du Québec (R.S.Q., c.S-I1.01,ss.5and 47) 1.The Regulation respecting the SMB Recovery Support Program, made by Order in Council 1027-92 dated 8 July 1992 and amended by the Regulations made by Orders in Council 1861-92 dated 16 December 1992, 903-93 dated 22 June 1993 and 1386-93 dated 29 September 1993, is further amended by substituting the following for paragraph 3 of section 3: \"(3) that its long-term debt is less, on a pro forma basis, than 3 times the tangible net equity of the shareholders or owners;\".2* The following is substituted for the first paragraph of section 6: \"6.Financial assistance shall take the form of a guarantee of repayment of a loan granted by a lender up to a maximum of 66 2/3 % of the let loss.\".3.The following is substituted for section 7: \"7.The amount of a loan covered by a guarantee may not be less than $ 100 000 nor greater than $ I 000 000.\".4.The following is substituted for the first paragraph of section 21: \"21.The lender shall, after exhausting every recourse it deems useful, make a claim for 66 2/3 % of the net loss as defined in section 6.\".5.The following is inserted after section 26: \"26.1 Management fees corresponding to 2 % of the amount of financial assistance shall be charged by the Corporation.\".6.The following is inserted after section 28: { Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994.Vol.126, No.20 1861 \"28.1 The total amount of the guarantees authorized under this Program may not exceed the amount authorized by the Government.\".7» The following is substituted for section 29: \"29.An application for financial assistance shall be filed with the Corporation before 1 January 1995.\".8* This Regulation applies to applications for financial assistance received by the Corporation after 31 March 1994.9.This Regulation comes into force on the date of its publication in the Gazette officielle du Québec.8361 Gouvernement du Québec O.C.644-94, 4 May 1994 An Act respecting the Société de développement industriel du Québec (R.S.Q., c.S-11.01) Programs of the Société de développement industriel du Québec \u2014 Amendments Regulation to amend the Regulation respecting the programs of the Société de développement industriel du Québec Whereas under section 5 of the Act respecting the Société de développement industriel du Québec (R.S.Q., c.S-l 1.01), the Government may establish, by regula- >tion, financial assistance programs designed to promote economic development in Québec; Whereas under section 47 of the Act, the Government may make regulations to establish criteria to determine which businesses may receive financial assistance and to determine the form of financial assistance, the conditions a business must fulfil to obtain financial assistance and the cases in which duties or charges are exigible from a business that applies for financial assistance; Whereas by Order in Council 681-92 dated 6 May 1992, the Government made the Regulation respecting the programs of the Société de développement industriel u Québec; Whereas it is expedient to amend that Regulation, to implement the Government's economic recovery program; Whereas under section 12 of the Regulations Act (R.S.Q., c.R-18.1), a proposed regulation may be made notwithstanding the publication requirement in section 8 of that Act, if the authority making it is of the opinion that the urgency of the situation requires it; Whereas under section 18 of that Act, a regulation may come into force on the date of its publication in the Gazette officielle du Québec, where the authority that has made it is of the opinion that the urgency of the situation requires it; Whereas under sections 13 and 18 of that Act, the reasons justifying the absence of prior publication and the coming into force on the date of publication shall be published with the regulation; Whereas it is the opinion of the Government that the urgency resulting from the following circumstances justifies the absence of prior publication and the coming into force of the Regulation on the date of its publication: (1) businesses will not benefit from the proposed amendments to the program until those amendments are made by regulation; and (2) it is important that businesses benefit as soon as possible from the implementation of the proposed measures; It is ordered, therefore, on the recommendation of the Minister of Industry, Trade, Science and Technology: That the Regulation to amend the Regulation respecting the programs of the Société de développement industriel du Québec, attached hereto, be made.Benoît Morin, Clerk of the Conseil exécutif Regulation to amend the Regulation respecting the programs of the Société de développement industriel du Québec An Act respecting the Société de développement industriel du Québec (R.S.Q.C.S-l 1.01, ss.5 and 47) 1« The Regulation respecting the programs of the Société de développement industriel du Québec, made by Order in Council 681-92 dated 6 May 1992 and amended by the Regulation made by Order in Council 1026-92 dated 8 July 1992, is further amended by adding the following after section 5: 1862 GAZETTE OFFICIELLE DU QUÉBEC.May 18,1994, Vol.126, No.20 Part 2 \"5.1 Allowable expenditures are expenditures directly related to the project and accepted by the Corporation.\".2» The following is added after section 6: \"6.1 Financial assistance granted by the Corporation shall be in an amount not less than $50 000, except in the case of a research and development project in design, in which case the amount shall not be less than $30 000.\".3.The following is added after section 8: \"8.1 The total financial assistance granted by the Corporation and by any other Québec Government source shall not exceed 50 % of the same allowable expenditures for a project, except in the case of projects eligible for the Program for Export Development or the Program to Promote Technological Development and Design, in which case total government assistance may not exceed 90 %.In the case of a project that represents a major contribution to the economy, the maximum rate of 50 % may be exceeded in exceptional cases, provided that the project is approved by the board of directors of the Corporation.For the purposes of this section, financial assistance includes refundable tax credits.\".4.The following is substituted for section 9: \"9.In the case of an application related to the carrying out of several eligible projects, only one amount of financial assistance may be granted by the Corporation.The form, terms and conditions of the Financial assistance shall be those provided for in the program offering the largest amount of financial assistance.\".5.The following is substituted for section II: \"11.The Corporation may require guarantees if the risk involved in financing a project is high or if the financial assistance program in question provides therefor.\".6.The following is added after section 13: \"13.1 A loan granted by the Corporation may be disbursed in full or in part during the carrying out of a project.\".7» The following is substituted for the second paragraph of section 14: \"Variable instalments are generally calculated on the basis of the funds generated.\" 8.The following is added after section 14: \"14.1 Financial assistance granted as a loan or as a guarantee of repayment of a loan granted by a financial institution shall be for a term not exceeding 10 years.14.2 Repayment of the principal may be deferred by the Corporation for a maximum period of 3 years from the date of the first disbursement of the loan.Payment of interest, up to a maximum amount equal to 20 % of the amount of the loan, may be deferred to a later period.14.3 The period for carrying out a project shall not exceed 3 years from the date of the first disbursement of the loan.\".fl.The words \"may charge\" are substituted for the words \"shall charge\" in the second line of the first paragraph of section 17.10.This Regulation comes into force on the date of its publication in the Gazette officielle du Québec.8355 Gouvernement du Québec O.C.645-94, 4 May 1994 An Act respecting the Société de développement industriel du Québec (R.S.Q.,c.S-l 1.01) Program to Promote Investment ( \u2014 Amendments Regulation to amend the Regulation respecting the Program to Promote Investment Whereas under section 5 of the Act respecting the Société de développement industriel du Québec (R.S.Q.i c.S-l 1.01), the Government may establish, by régula-' tion, financial assistance programs designed to promote economic development in Québec; Whereas under section 47 of the Act, the Government may make regulations to establish criteria to determine which businesses may receive financial assistance and to determine the form of financial assistance, the* conditions a business must fulfil to obtain financial as- Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 1863 sistance and the cases in which duties or charges are exigible from a business that applies for financial assistance; whereas by Order in Council 682-92 dated 6 May 1992, the Government made the Regulation respecting the Program to Promote Investment; Whereas it is expedient to amend that Regulation, to implement the Government's economic recovery program; Whereas under section 12 of the Regulations Act (R.S.Q., c.R-18.1), a proposed regulation may be made notwithstanding the publication requirement in section 8 of that Act, if the authority making it is of the opinion that the urgency of the situation requires it; Whereas under section 18 of that Act, a regulation may come into force on the date of its publication in the Gazette officielle du Québec, where the authority that has made it is of the opinion that the urgency of the situation requires it; Whereas under sections 13 and 18 of that Act, the reasons justifying the absence of prior publication and the coming into force on the date of publication shall be published with the regulation; Whereas it is the opinion of the Government that the urgency resulting from the following circumstances justifies the absence of prior publication and the coming into force of the Regulation on the date of its publication: (1) businesses will not benefit from the proposed amendments to the program until those amendments are made by regulation; and (2) it is important mat businesses benefit as soon as possible from the implementation of the proposed measures; IT is ordered, therefore, on the recommendation of the Minister of Industry, Trade, Science and Technology: That the Regulation to amend the Regulation respecting the Program to Promote Investment, attached hereto, be made.Regulation to amend the Regulation respecting the Program to Promote Investment An Act respecting the Société de développement industriel du Québec (R.S.Q.,c.S-l 1.01, ss.5 and 47) 1 \u2022 The Regulation respecting the Program to Promote Investment, made by Order in Council 682-92 dated 6 May 1992, is amended by revoking sections 4,7,8 and 9.2.Section 10 is amended by substituting the numeral \"10\" for the numeral \"25\".3.Section 11 is revoked.4.The following is substituted for section 12: \"12.Financial assistance shall be given in the form of a loan.\" 5.Sections 13 to 15 arc revoked.6.This Regulation comes into force on the date of its publication in the Gazette officielle du Québec.8356 Gouvernement du Québec O.C.646-94, 4 May 1994 An Act respecting the Société de développement industriel du Québec (R.S.Q.C.S-l 1.01) Program to Promote Technological Development and Design \u2014 Amendments Regulation to amend the Regulation respecting the Program to Promote Technological Development and Design Whereas under section 5 of the Act respecting the Société de développement industriel du Québec (R.S.Q., c.S-l 1.01), the Government may establish, by regulation, financial assistance programs designed to promote economic development in Québec; Whereas under section 47 of the Act, the Government may make regulations to establish criteria to determine which businesses may receive financial assistance and to determine the form of financial assistance, the Benoît Morin, Clerk of the Conseil exécutif 1864 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 Part 2 conditions a business must fulfil to obtain financial assistance and the cases in which duties or charges are exigible from a business that applies for financial assistance; Whereas by Order in Council 683-92 dated 6 May 1992, the Government made the Regulation respecting the Program to Promote Technological Development and Design; Whereas it is expedient to amend that Regulation, to implement the Government's economic recovery program; Whereas under section 12 of the Regulations Act (R.S.Q., c.R-18.1 ), a proposed regulation may be made notwithstanding the publication requirement in section 8 of that Act, if the authority making it is of the opinion that the urgency of the situation requires it; Whereas under section 18 of that Act, a regulation may come into force on the date of its publication in the Gazette officielle du Québec, where the authority that has made it is of the opinion that the urgency of the situation requires it; Whereas under sections 13 and 18 of that Act, the reasons justifying the absence of prior publication and the coming into force on the date of publication shall be published with the regulation; Whereas it is the opinion of the Government that the urgency resulting from the following circumstances justifies the absence of prior publication and the coming into force of the Regulation on the date of its publication: (1) businesses will not benefit from the proposed amendments to the program until those amendments are made by regulation; and (2) it is important that businesses benefit as soon as possible from the implementation of the proposed measures; It is ordered, therefore, on the recommendation of the Minister of Industry, Trade, Science and Technology: That the Regulation to amend the Regulation respecting the Program to Promote Technological Development and Design, attached hereto, be made.Regulation to amend the Regulation respecting the Program to Promote Technological Development and Design An Act respecting the Société de développement industriel du Québec (R.S.Q.,c.S-l 1.01, ss.5 and 47) 1 \u2022 The Regulation respecting the Program to Promote Technological Development and Design, made by Order in Council 683-92 dated 6 May 1992 and amended by the Regulation made by Order in Council 269-94 dated 16 February 1994, is further amended by revoking sections 3 and 4.2.The following is substituted for section 5: \"5.Financial assistance shall be given in the form of a loan.\".3* Sections 6 to 8 are revoked.4.The following is added at the end of section 11 : \"or to finance a marketing project related to a research and development project of a technical nature.No more than $500 000 shall be granted to finance a marketing project.\".5.Paragraphs 1 and 2 of section 13 and sections 14 to 16 are revoked.6» The following is added at the end of section 17: \"or to finance a marketing project related to a research and development project in the area of design.No more than $500 000 shall be granted to finance a marketing project.\".7» Paragraphs 3 and 4 of section 18 and sections 20 to 23 are revoked.8* This Regulation comes into force on the date of its publication in the Gazette officielle du Québec.8357 Benoît Morin, Clerk of the Conseil exécutif Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 Gouvernement du Québec O.C.647-94,4 May 1994 An Act respecting the Société de développement industriel du Québec (R.S.Q.C.S-l 1.01) Program to Promote the Grouping or Strategic Alliance of Businesses \u2014 Amendments Regulation to amend the Regulation respecting the Program to Promote the Grouping or Strategic Alliance of Businesses Whereas under section 5 of the Act respecting the Société de développement industriel du Québec (R.S.Q., c.S-l 1.01), the Government may establish, by regulation, financial assistance programs designed to promote economic development in Québec; Whereas under section 47 of the Act, the Government may make regulations to establish criteria to determine which businesses may receive financial assistance and to determine the form of financial assistance, the conditions a business must fulfil to obtain financial assistance and the cases in which duties or charges are exigible from a business that applies for financial assistance; Whereas by Order in Council 684-92 dated 6 May 1992, the Government made the Regulation respecting the Program to Promote the Grouping or Strategic Alliance of Businesses; Whereas it is expedient to amend that Regulation, to implement the Government's economic recovery program; Whereas under section 12 of the Regulations Act (R.S.Q., c.R-18.1), a proposed regulation may be made notwithstanding the publication requirement in section 8 of that Act, if the authority making it is of the opinion that the urgency of the situation requires it; Whereas under section 18 of that Act, a regulation may come into force on the date of its publication in the Gazette officielle du Québec, where the authority that has made it is of the opinion that the urgency of the situation requires it; Whereas under sections 13 and 18 of that Act, the jreasons justifying the absence of prior publication and 'the coming into force on the date of publication shall be published with the regulation; Whereas it is the opinion of the Government that the urgency resulting from the following circumstances justifies the absence of prior publication and the coming into force of the Regulation on the date of its publication: (1) businesses will not benefit from the proposed amendments to the program until those amendments are made by regulation; and (2) it is important that businesses benefit as soon as possible from the implementation of the proposed measures; it is ordred, therefore, on the recommendation of the Minister of Industry, Trade, Science and Technology: That the Regulation to amend the Regulation respecting the Program to Promote the Grouping or Strategic Alliance of Businesses, attached hereto, be made.Benoît Morin, Clerk of the Conseil exécutif Regulation to amend the Regulation respecting the Program to Promote the Grouping or Strategic Alliance of Businesses An Act respecting the Société de développement industriel du Québec (R.S.Q.,c.S-l 1.01, ss.5 and 47) 1 * The Regulation respecting the Program to Promote the Grouping and Strategic Alliance of Businesses, made by Order in Council 684-92 dated 6 May 1992, is amended by adding the following paragraph to section 2: \"Notwithstanding the foregoing, in the case of a strategic alliance, a business may associate with another business having assets or a net worth exceeding those amounts.\".2.Sections 4 and 5 are revoked.3* The following is substituted for section 6: \"6.Financial assistance shall be given in the form of a loan.\".4» Sections 7 and 8 are revoked. 1866 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 Part 2 5.This Regulation comes into force on the date of its publication in the Gazette officielle du Québec.8358 Gouvernement du Québec O.C.648-94,4 May 1994 An Act respecting the Société de développement industriel du Québec (R.S.Q.c.M-11.01) Program for Export Development \u2014 Amendments Regulation to amend the Regulation respecting the Program for Export Development Whereas under section 5 of the Act respecting the Société de développement industriel du Québec (R.S.Q., c.S-11.01 ).the Government may establish, by regulation, financial assistance programs designed to promote economic development in Québec; Whereas under section 47 of the Act, the Government may make regulations to establish criteria to determine which businesses may receive financial assistance and to determine the form of financial assistance, the conditions a business must fulfil to obtain financial assistance and the cases in which duties or charges are exigible from a business that applies for financial assistance; Whereas section 47 of the Act also provides mat a regulation pertaining to a matter under the jurisdiction of a minister other than the Minister of Industry, Trade, Science and Technology may be made only on the recommendation of the Minister of Industry, Trade, Science and Technology prepared in cooperation with the minister concerned; Whereas by Order in Council 687-92 dated 6 May 1992, the Government made the Regulation respecting the Program for Export Development; Whereas it is expedient to amend that Regulation, to implement the Government's economic recovery program; Whereas under section 12 of the Regulations Act (R.S.Q., c.R-18.1), a proposed regulation may be made notwithstanding the publication requirement in section 8 of that Act, if the authority making it is of the opinion that the urgency of the situation requires it; Whereas under section 18 of that Act, a regulation may come into force on the date of its publication in the Gazette officielle du Québec, where the authority that has made it is of the opinion that the urgency of the situation requires it; Whereas under sections 13 and 18 of that Act, the reasons justifying the absence of prior publication and the coming into force on the date of publication shall be published with the regulation; Whereas it is the opinion of the Government that the urgency resulting from the following circumstances justifies the absence of prior publication and the coming into force of the Regulation on the date of its publication: (1) businesses will not benefit from the proposed amendments to the program until those amendments are made by regulation; and (2) it is important that businesses benefit as soon as possible from the implementation of the proposed measures; IT is ordered, therefore, on the recommendation of the Minister of Industry, Trade, Science and Technology and on the recommendation of the Minister of International Affairs, Immigration and Cultural Communities: That the Regulation to amend the Regulation respecting the Program for Export Development, attached hereto, be made.Benoît Morin, Clerk of the Conseil exécutif Regulation to amend the Regulation respecting the Program for Export Development An Act respecting the Société de développement industriel du Québec (R.S.Q., c.S-l 1.01, ss.5 and 47) 1 \u2022 The Regulation respecting the Program for Export Development, made by Order in Council 687-92 dated 6 May 1992, is amended by revoking paragraph 2 of section 3.2.Section 5 is amended by adding the words \", including a business's line of credit and a letter of credit;\" to subparagraph 2 of the first paragraph.j 3.Sections 6 to 10 are revoked. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 18.1994.Vol.126.No.20 1867 4.The following is substituted for section 11 : \"11.Financial assistance in the form of a guarantee of financial commitment or a letter of credit shall not exceed 80 % of the financial institution's loss, up to a maximum of 80% of the amount of the financial commitment authorized.In the case of a line of credit, the guarantee provided shall be determined on the basis of the Corporation's assessment of the business's needs in the area of its export activities.\".5.Sections 12 to 15 are revoked.6» This Regulation comes into force on the date of its publication in the Gazette officielle du Québec.8359 Gouvernement du Québec O.C.649-94, 4 May 1994 An Act respecting the Société de développement industriel du Québec (R.S.Q.C M-11.01) Program to Promote Investment in tourism \u2014 Amendments Regulation to amend the Regulation respecting the Program to Promote Investment in Tourism WHEREAS under section 5 of the Act respecting the Société de développement industriel du Québec (R.S.Q., c.S-l 1.01), the Government may establish, by regulation, financial assistance programs designed to promote economic development in Québec; whereas under section 47 of the Act, the Government may make regulations to establish criteria to determine which businesses may receive financial assistance and to determine the form of financial assistance, the conditions a business must fulfil to obtain financial assistance and the cases in which duties or charges are exigible from a business that applies for financial assistance; Whereas section 47 of the Act also provides that a regulation pertaining to a matter under the jurisdiction of a minister other than the Minister of Industry, Trade, Science and Technology may be made only on the recommendation of the Minister of Industry, Trade, Science and Technology prepared in cooperation with the minister concerned; Whereas by Order in Council 1025-92 dated 8 July 1992, the Government made the Regulation respecting the Program to Promote Investment in Tourism; Whereas it is expedient to amend that Regulation, to implement the Government's economic recovery program; Whereas under section 12 of the Regulations Act (R.S.Q., c.R-18.1), a proposed regulation may be made notwithstanding the publication requirement in section 8 of that Act, if the authority making it is of the opinion that the urgency of the situation requires it; Whereas under section 18 of that Act, a regulation may come into force on the date of its publication in the Gazette officielle du Québec, where the authority that has made it is of the opinion that the urgency of the situation requires it; Whereas under sections 13 and 18 of that Act, the reasons justifying the absence of prior publication and the coming into force on the date of publication shall be published with the regulation; whereas it is the opinion of the Government that the urgency resulting from the following circumstances justifies the absence of prior publication and the coming into force of the Regulation on the date of its publication: (1) businesses will not benefit from the proposed amendments to the program until those amendments are made by regulation; and (2) it is important that businesses benefit as soon as possible from the implementation of the proposed measures; It is ordered, therefore, on the recommendation of the Minister of Industry, Trade, Science and Technology and on the recommendation of the Minister for Industry, Trade, Science and Technology and Minister responsible for Tourism: That the Regulation to amend the Regulation respecting the Program to Promote Investment in Tourism, attached hereto, be made.Benoît Morin, Clerk of the Conseil exécutif 1868 GAZETTE OFFICIELLE DU QUÉBEC.May 18.1994, Vol.126, No.20 Part 2 Regulation to amend the Regulation respecting the Program to Promote Investment in Tourism An Act respecting the Société de développement industriel du Québec (R.S.Q.C.S-l 1.01, ss.5 and 47) 1 \u2022 The Regulation respecting the Program to Promote Investment in Tourism, made by Order in Council 1025-92 dated 8 July 1992, is amended by substituting the words \"Minister responsible for Tourism\" for the words \"Minister of Tourism\" in sections 5 and 6.2.Sections 7 and 8 are revoked.3* Section 9 is amended by substituting the numeral \"10\" for the numeral \"25\".4» Sections 10 and 11 are revoked.5* The following is substituted for section 12: \"12.Financial assistance shall be given in the form of a loan.\".6.Sections 13 to 15 are revoked.7» This Regulation comes into force on the date of its publication in the Gazette officielle du Québec.8360 Gouvernement du Québec O.C.650-94, 4 May 1994 An Act respecting assistance for the development of cooperatives (R.S.Q.,c.A-12.1) Program to Promote the Development of Cooperative Undertakings \u2014 Amendments Regulation to amend the Regulation respecting the Program to Promote the Development of Cooperative Undertakings Whereas under section 12 of the Act respecting assistance for the development of cooperatives (R.S.Q., c.A-12.1), the Société de développement industriel du Québec may grant financial assistance to cooperatives in such cases and on such conditions as the Government may determine by regulation; Whereas by Order in Council 686-92 dated 6 May 1992, the Government made the Regulation respecting the Program to Promote the Development of Cooperative A Undertakings; \\ Whereas it is expedient to amend that Regulation in order to implement the economic recovery program of the Government; Whereas under section 12 of the Regulations Act < (R.S.Q., c.R-18.1 ), a proposed regulation may be made $ notwithstanding the publication requirement in section 1 8 of that Act if the authority making it is of the opinion that the urgency of the situation requires it; Whereas under section 18 of that Act, a regulation may come into force on the date of its publication in the -Gazette officielle du Québec where the authority that I has made it is of the opinion that the urgency of the situation requires it; Whereas under sections 13 and 18 of that Act, the reasons justifying the absence of prior publication and such coming into force shall be published with the regulation; Whereas in the opinion of the Government, the urgency owing to the following circumstances justifies the absence of prior publication and such coming into É force: ™ (1) as long as the proposed amendments to the Program are not made by Regulation, cooperative undertakings cannot benefit from them; (2) it is important for cooperative undertakings to be able to benefit as soon as possible from the implementation of the proposed measures; It is ordered, therefore, on the recommendation of the Minister of Industry, Trade, Science and Technology: ?That the Regulation to amend the Regulation respecting the Program to Promote the Development of Cooperative Undertakings, attached hereto, be made.Benoît Morin, > Clerk of the Conseil exécutif ' Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 1869 Regulation to amend the Regulation respecting the Program to Promote the Development of Cooperative Undertakings An Act respecting assistance for the development of cooperatives (R.S.Q.C.A-12.1,s.12) 1 \u2022 The Regulation respecting the Program to Promote the Development of Cooperative Undertakings, made by Order in Council 686-92 dated 6 May 1992 and amended by the Regulation made by Order in Council 1467-93 dated 20 October 1993, is further amended in section 5: (1) by substituting the following for paragraphs 5 and 6: \"(5) in general, variable payments are calculated in accordance with the amounts generated by the operations of the cooperative undertaking; (6) repayment of the principal may be deferred by the Corporation for a maximum period of 3 years from the date of the first disbursement of the loan;\"; (2) by substituting \"20\" for \"30\" in paragraph 9; (3) by substituting the following for paragraph 10: \"(10) the Corporation may charge a premium on the loan to provide for risk.The premium shall be equal to 10 % of the loan amount, multiplied by the loan/equity ratio; it shall be payable by annual instalments equal to 10% of the net after-tax surpluses, multiplied by the loan/equity ratio.Notwithstanding the foregoing, a loan granted to a cooperative undertaking that is starting up, to an undertaking located north of the 55lh parallel or to a cooperative of workers holding shares shall not comprise a premium.For the purposes of this paragraph, a cooperative undertaking that is starting up is one that has been in operation for less than 3 years and whose costs for carrying out the project for which it submitted an application for assistance do not exceed $ 1 000 000;\".2.Section 14 is amended in the first paragraph by substituting \"up to 100%, any losses in principal\" for \"up to 90 %, any losses\".3* Section 16 is amended in the first paragraph by substituting \"guarantee of redemption of preferred shares\" for \"loan for redemption of preferred shares\".4« This Regulation comes into force on the date of its publication in the Gazette officielle du Québec.Gouvernement du Québec O.C.654-94,4 May 1994 Forest Act (R.S.Q.C.F-4.1) Forests in the public domain \u2014 Scaling standards for timber harvested Regulation respecting the scaling standards for timber harvested in forests in the public domain Whereas under paragraph 4 of section 172 of the Forest Act (R.S.Q., c.F-4.1 ), as amended by paragraph 1 of section 30 of Chapter 55 of the Statutes of 1993, the Government may, by regulation, establish the scaling standards for timber harvested in forests in the public domain; Whereas under paragraph 19 of that section, the Government may, in the same manner, prescribe which of the regulations under that section cany a penalty pursuant to section 181 of that Act; Whereas by Order in Council 373-87 dated 18 March 1987, the Government made the Regulation respecting the methods for scaling timber harvested on lands in the public domain; Whereas it is expedient to replace that Regulation; Whereas in accordance with sections 10 and 11 of the Regulations Act (R.S.Q., c.R-18.1), a draft of the Regulation attached hereto was published in Part 2 of the Gazette officielle du Québec of 17 November 1993 under the title \"Regulation respecting the methods for scaling timber harvested on lands in the public domain\", with a notice that it could be made by the Government upon the expiry of 45 days following that publication; Whereas it is expedient to make the Regulation with minor amendments; It is ordered, therefore, on the recommendation of the Minister of Natural Resources: That the Regulation respecting the scaling standards for timber harvested in forests in the public domain, attached hereto, be made.8362 Benoît Morin, Clerk of the Conseil exécutif 1870 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 Part 2 \"*?gulation respecting the scaling standards for timber harvested in forests in the public domain Forest Act (R.S.Q., c.F-4.1, s.172, pars.4 and 19; 1993, c.55, s.30.par.1 ) I*> In this Regulation, \"apparent volume\" means the volume of the total space occupied by a pile of pieces of timber; (volume apparent) \"solid volume\" means the actual volume of a piece of timber; {volume solide) \"volume table\" means a table that makes it possible to determine the volume of a piece of timber, using one or more of its other known dimensions, (tarif de cubage) 2.A person harvesting timber in a forest in the public domain shall scale the timber according to quality and species or group of species, using one of the following methods: ( 1 ) scaling by the piece, which consists in calculating the solid volume of each piece of sawn limber from its length and diameter; (2) scaling by apparent volume, which consists in calculating the apparent volume of pieces of sawn and piled timber from the height, width and length of each pile; (3) scaling of unsawn timber, which consists in calculating the solid volume of unsawn and piled trunks from the measurement of the diameter of the widest cut on the trunks and in establishing, by sampling, a stump volume table that makes it possible to calculate the average volume of the trunks based on their diameter; (4) mass/volume scaling, which consists in calculating the volume of a quantity of timber from its total mass converted into a solid or apparent volume using the mass/volume conversion factor; that factor is the ratio between the total mass of the samples taken at random from the aggregate of the mass and the solid or apparent volume of those same samples.3* A person shall obtain, at least 10 business days before the beginning of harvesting operations, the Minister's approval for the scaling method chosen.For that purpose, the Minister issues a scaling permit.4.A person scaling timber according to one of the methods provided for in section 2 shall (1) scale the timber in the cutting area before it is transported; or (2) scale the timber elsewhere than in the cutting area if the person completes, in accordance with this Regulation and for each load of timber, a form entitled \"Autorisation de transport des bois\", drawn up for that purpose by the Minister.5* A person shall write the following particulars on the form entitled \"Autorisation de transport des bois\" provided for in section 4: (1) the source and destination of the timber; (2) the date and time of departure from the cutting area and the date and time of arrival at the unloading point; and (3) the registration number of the vehicle.6.A person who has harvested timber shall write the timber scaling data on the scaling forms drawn up for that purpose by the Minister.7.A person shall forward to the Minister, no later than on the 28\"' day of a calendar month, the scaling forms duly completed following the scaling of all the timber that the person felled during the previous calendar month or, failing that, an estimate of the felled timber that the person has not scaled.Such estimate, where applicable, is used to determine the volume harvested by that person until the timber is scaled and declared to the Minister.U.A person shall leave scaled timber undisturbed at the place where it was scaled for at least 2 business days following completion of the scaling, if the timber was scaled according to one of the methods provided for in paragraph 1, 2 or 3 of section 2, and for at least one business day following completion of the scaling, if the timber was scaled according to the method provided for in paragraph 4 of section 2.9» A person shall re-scale the timber or, if so authorized by the Minister, shall make corrections to the scaling where the verification carried out by the Minister shows discrepancies greater than 3 %.The Minister must be provided with a copy of the completed scaling forms at the time of that verification. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 18.1994.Vol.126, No.20 1871 10» Any person contravening this Regulation commits an offence punishable under section 181 of the Forest Act (R.S.Q., c.F-4.1).11.This Regulation replaces the Regulation respecting the methods for scaling timber harvested on lands in the public domain, made by Order in Council 373-87 dated 18 March 1987.12.This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec.8365 Gouvernement du Québec O.C.657-94,4 May 1994 Supplemental Pension Plan Act (R.S.Q.C R-15.1) Plans exempted from the application of certain provisions of the Act \u2014 Amendments Regulation to amend the Regulation respecting plans exempted from the application of certain provisions of the Supplemental Pension Plans Act Whereas under section 2 of the Supplemental Pension Plans Act (R.S.Q., c.R-15.1), the Government may, by regulation and in the circumstances it determines, exempt any class of pension plans from the application of all or part of that Act; Whereas the Regulation respecting plans exempted from the application of certain provisions of the Supplemental Pension Plans Act was made by Order in Council 1160-90 dated 8 August 1990; Whereas it is expedient to amend the Regulation so as to determine the characteristics of pension plans included in the \"simplified pension plan\" category and the circumstances in which those plans are exempted from the application of certain provisions of the Act; Whereas in accordance with sections 10 and II of the Regulations Act (R.S.Q., c.R-18.1), a draft of the Regulation to amend the Regulation respecting plans exempted from the application of certain provisions of the Supplemental Pension Plans Act was published in Part 2 of the Gazette officielle du Québec of 24 November 1993, with a notice that it could be made by the Government upon the expiry of 45 days following that publication; Whereas it is expedient to make that Regulation with amendments, to take into account the comments made by the interested persons; It is ordered, therefore, on the recommendation of the Minister of Income Security: That the Regulation to amend the Regulation respecting plans exempted from the application of certain provisions of the Supplemental Pension Plans Act, attached hereto, be made.BenoIt Morin, Clerk of the Conseil exécutif Regulation to amend the Regulation respecting plans exempted from the application of certain provisions of the Supplemental Pension Plans Act Supplemental Pension Plans Act (R.S.Q., c.R-15.1, s.2, 2nd par.) 1.The Regulation respecting plans exempted from the application of certain provisions of the Supplemental Pension Plans Act, made by Order in Council 1160-90 dated 8 August 1990 and amended by the Regulation made by Order in Council 1893-93 dated 15 December 1993, is further amended by adding the following division after section 7: \"DIVISION IV SIMPLIFIED PENSION PLAN 8.A defined contribution pension plan that fulfills the conditions prescribed in this section and in sections 9 to 19 is called a \"simplified pension plan\".It is exempted from the application of the Act except with respect to the following provisions: \u2014 Application and interpretation \u2014 sections I to 5; \u2014 Nature of a pension plan \u2014 section 6, the first paragraph of section 7 and sections 11 and 12; \u2014 Establishment and effective date \u2014 section 13, the first paragraph and subparagraphs 1, II, 13 and 15 of the second paragraph of section 14 and sections 16 and 18; \u2014 Amendment \u2014 section 19, the second and third paragraphs of section 20, the first paragraph of section 22 and the second paragraph of section 23; 1872 GAZETTE OFFICIELLE DU QUÉBEC, May 18.1994.Vol.126.No.20 Part 2 \u2014 Registration \u2014 the first paragraph and subparagraphs 1, 6 and 7 of the second paragraph of section 24 and sections 25 to 32; notwithstanding the foregoing, section 26 applies only to members who are affected by an amendment, to members who cease to be members of the plan in the event of a division and to members of a plan that is absorbed in the event of a merger; \u2014 Membership \u2014 section 33, except the second sentence of the second paragraph, and sections 34 to 36; \u2014 Contributions \u2014 the first and second paragraphs of section 37, excluding the words \"with a concurrent contribution by the employer\" in the first paragraph, sections 38,41 and 43, section 44, except subparagraphs 1 to 3 of the first paragraph and the third paragraph, sections 45.1 to 47 and sections 49 to 53; \u2014 Refunds and pension benefits \u2014 sections 54, 55, 57, 63.1, 64 and 68, the first paragraph of section 73, section 85, restricting the application of the second paragraph to the spouse who has spousal status on the day preceding the death of the member, and sections 91 and 92; \u2014 Transfers of benefits and assets \u2014 the third paragraph of section 98 and section 103; \u2014 Transfer of benefits between spouses \u2014 sections 107 to 110; \u2014 Information to members \u2014 section 111, paragraph 1 of section 112, the first and third paragraphs of section 113 and section 115; \u2014 Administration \u2014 the first paragraph of section 149, except the words \"and for which a pension committee has yet to be formed\", sections 150 to 154, the second paragraph of section 155, sections 156.1 and 157, the first paragraph of section 158, section 159 with respect to a delegatec of the financial institution that administers the plan, sections 161 and 163 to 165, section 171, section 172 with respect to the unincorporated mutual funds referred to in subparagraphe of paragraph 23 of section 10 of this Regulation, sections 174 to 176, paragraphs 2 and 3 of section 177 and sections 178 to 193; \u2014 Division and merger \u2014 section 194 and the second paragraph of section 197; \u2014 Review \u2014 sections 241 to 243; \u2014 Regulations, functions and powers of the Régie \u2014 section 244, except subparagraphs 3,5,8 and 12.1 of the first paragraph, as well as sections 245 to 263; \u2014 Miscellaneous and transitional provisions \u2014 sections 264,282, 285, 312, 319 and 321.9.The administrator of the plan shall be an insurer referred to in section 10 of the Act, a bank, a savings and credit union or a trust company, and must be authorized to carry on its activities in Québec or elsewhere in Canada where an agreement referred to in section 249 or section 285 of the Act applies.10.In addition to the requirements prescribed in subparagraphs 1,11 to 13 and 15 of the first paragraph of section 14 of the Act, such plan shall provide: (1) that it is incumbent upon the employer to inform employees of their eligibility for the plan and that the employer may decide to which class of employees covered by the plan an employee belongs; (2) that the employer may specify a minimum member contribution; (3) mat, subject to the minimum member contribution, a member may determine annually the member contribution that he undertakes to make, by giving written notice thereof to the employer, which shall collect the member contribution, and that the contribution may not entail limits lower than the limits allowed by tax rules (Income Tax Act, R.S., c.1 (5\"' Supp.), section 147.1, subsections (8) and (9)); (4) that, within 60 days after any unpaid contribution becomes due, the financial institution that administers the plan shall, in addition to notifying the Régie as prescribed by section 51 of the Act, notify the retirement information committee referred to in paragraph 18 or, in the absence of such information committee, the member concerned and, where an agreement referred to in paragraph 27 has been entered into, the employees' association that is a party to that agreement; (5) that, if contributions due are paid after the transfer or payment of the account, the administrator of the plan shall transfer or pay those contributions as it did for the account; that contributions due shall bear interest, from the date on which they become due until they are paid to the pension fund; that, for any year or part of a year in which contributions due have not been paid, the applicable interest rate corresponds to the average of the rates of return on personal 5-year term deposits with chartered banks for the 12 months ending in November of the preceding year; those rates arc compiled monthly by Statistics Canada and published in the Bank of Canada Review under reference number B-14045 in the CANSIM system; Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 1873 (6) that an active member is entitled to the transfer of his account upon cessation of active participation and that his account shall, within 90 days following the sending of the statement required in the event of cessation of active participation, be transferred to a pension plan within the meaning of the third paragraph of section 98 of the Act or to a life income fund, selected by the member or, failing that, by the financial institution that administers the plan; (7) that the normal retirement age shall be set as the first day of the month mat follows the month during which a member reaches 65 years of age or the day of his 65th birthday if that day falls on the first day of the month; (8) that, with the exception of the cases covered by paragraphs 6, 9, 11 to 13 and 16, a member's account may be converted only into a life pension guaranteed by an insurer and established for the lifetime of the member alone or for the lifetime of the member and the lifetime of his spouse; that the periodic amounts paid as benefits under that pension shall be equal unless each payment is uniformly adjusted by reason of an index or rate provided for in the contract, by reason of the partition of the member's benefits between the member and his spouse or by reason of provisions related to the payment of benefits payable following the death of the member or his spouse; (9) that, in the event that a member dies before his account is converted into a pension, (he account shall be paid to his spouse or, failing that, to his assigns and that the right to such payment to the spouse is terminated by separation from bed and board, divorce, annulment of marriage or cessation of conjugal relationship, except where, on the day of the member's death, the spouse is also the assign of the member; (10) that the pension resulting from the conversion of the member's account shall provide that, upon the death of the member, a life pension equal to at least 60 % of the amount of the pension to which the member was entitled before his death shall be paid to the member's spouse, unless the spouse waives it; that the member's spouse may, at any time before the date of conversion of the account into a life pension, waive the pension which would be granted to the spouse or revoke such a waiver by means of a written notice to the financial institution that administers the plan; that the right to such pension is terminated by separation from bed and board, divorce, annulment of marriage or cessation of conjugal relationship; (11) that a member may demand a lump sum payment of his account if a physician certifies that his physical or mental disability reduces his life expectancy, and that such payment shall be made within 90 days following the member's request; (12) that, in the 10 years preceding the normal retirement age, an active member is entitled to transfer all or part of his account and that the transfer shall be made to a pension plan within the meaning of the third paragraph of section 98 of the Act or to a life income fund, selected by the member, within 90 days following the member's request; that such right may be exercised only once in 12-month period; (13) that a member, upon cessation of active participation, may demand a lump sum payment of the amount of the member and employer contributions entered in his account, together with the accrued interest, where such amount is less than 4 % of the maximum pensionable earnings established under the Act respecting the Québec Pension Plan (R.S.Q., c.R-9) for the year in which the member became entitled to that payment and that such payment shall be made within 90 days following the member's request; (14) that the transfer and payment referred to in paragraphs 12 and 13 may, at the discretion of the financial institution that administers the plan, be made by remitting the investment securities related to the account; (15) where the financial institution that administers the plan allows amounts from other retirement savings instruments to be transferred to the plan: (a) that any amount thus transferred shall be treated as a voluntary contribution and may be converted only into a life pension; (b) that, prior to the acceptance of the transfer of an amount that is not subject to the abovementioned restriction on its use, the financial institution shall notify the member in writing that the amount will have to be converted into a life pension; (c) that the member shall certify in writing that he has been so informed; (16) where the annual statement referred to in that part of section 112 of the Act preceding paragraph 1 shows for the first time an account exceeding $60 000 in terms of investments referred to in subparagraphs a and b of paragraph 23, that the active member in the name of whom that account is established is entitled, upon request made within 180 days of the date on which the statement is transmitted \u2014 and thereafter, every 3 years, within 180 days of the expiry date of each third year \u2014 to have 1874 GAZETTE OFFICIELLE DU QUÉBEC.May 18,1994, Vol.126, No.20 Part 2 transferred to a pension plan within the meaning of the third paragraph of section 98 of the Act or to a life income fund, selected by the member, all or part of the amounts in his account that exceed $60 000 in terms of those investments; (17) the name of the financial institution that administers the plan; (18) that the financial institution that administers the plan shall provide, free of charge, the following documents or information to the employer or to any retirement information committee set up following a decision by a majority of the 50 members or more who work for an employer that is a party to the plan, provided that the information committee has notified the financial institution and the employer that is has been set up: (a) the annual statement and the financial report referred to in section 161 of the Act; (b) upon request, any document relating to the administration of the plan, in particular, the acts of delegation of powers granted by the financial institution that administers the plan, the correspondence conducted between the Régie and that financial institution during the last 60 months, the agreements referred to in paragraph 27 and the written acknowledgements referred to in subparagraph 2 of the third paragraph of section 1.1 of the Regulation respecting supplemental pension plans, except personal information on members or on the other employers that are parties to the plan; (19) that the retirement information committee referred to in paragraph 18, or the employer in the absence of such information committee for members bound to that employer, shall make available to members, upon request and free of charge, any document or information exigible from the financial institution that administers the plan; (20) that the fiscal year of the plan shall end on 31 December of each year; (21 ) that the investment expenses, that is, brokerage fees, and the remuneration of the securities adviser and securities depositary, are payable by the pension fund and that the operating expenditures of the retirement information committee referred to in subparagraph 18 are not payable by the pension fund; (22) that, among the investments offered by the financial institution that administers the plan and subject to the conditions related to those investments at the time at which they may be made, each member shall decide which investments are to be made with the assets entered in his account and that those investments shall be made in accordance with the lax rules governing investments of registered retirement savings plans (Income Tax Act, R.S., c.I (5,h Supp.), section 146, subsection (1), definition of \"qualified investment\", and with the regulations made under paragraph d of that definition; (23) that a member's account may be invested only as follows: (a) with an insurer, according to die terms of a contract guaranteed in whole or in part by the Canadian Life and Health Insurance Compensation Corporation; (b) in deposits insured in whole or in part by the Régie de l'assurance-dépôts du Québec or by a similar body; (c) in units of unincorporated mutual funds, at least 3 of which shall be offered by the financial institution as a money market fund, a fixed income fund and a stock fund; {d) in securities issued or guaranteed by the Gouvernement du Québec, the Government of Canada or the government of a Canadian province; (24) that the financial institution that administers the plan shall keep in its books a separate account for each member; (25) that the dividends, refunds or other benefits granted to the plan shall be entered as they are granted in the account of each member who is entitled thereto; (26) that the financial institution that administers the plan or the employer may divide or merge the plan; (27) that any agreement between an employer and an employees' association representing the members of the plan with respect to sharing the powers granted to the employer under section 11 and paragraphs 2 and 28 of this section shall be an integral part of the plan; the stipulations of such agreement shall be described in the part of the plan that contains the provisions specific to each employer concerned; (28) that the financial institution may terminate the plan totally; that an employer or that institution may also terminate it partially for all the members employed by that employer; (29) that no amendment to the plan that cancels refunds or pension benefits, limits eligibility therefor or reduces the amount or value of the members' benefits may become effective before the 30th day following, in Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 1875 the case of a collective agreement, the date on which it was signed, in the case of an arbitration award, order or decree, the date on which it becomes effective and, in other cases, the date of sending of the notice provided for in section 26 of the Act; (30) that the plan becomes effective on either of the dates prescribed by section 13 of the Act or on the date fixed by the financial institution that administers the plan, whichever comes first.11.Each employer shall stipulate in the plan (1) whether membership in the plan is optional or compulsory; (2) for the purposes of section 33 of the Act, the conditions for eligibility and membership and the conditions for withdrawal; (3) the employer contribution that it undertakes to pay or the method used for calculating that contribution; (4) whether the employer or the members will pay for the operating expenditures of the retirement information committee referred to in paragraph 18 of section 10; (5) whether the employer, the members or the pension fund will pay for the administrative expenses of the plan other than those related to the investments and operation of the retirement information committee referred to in paragraph 18 of section 10.12.An employer that partially terminates the simplified pension plan for all members employed by that employer shall so notify the financial institution in writing and, where applicable, the employees' association bound by the plan to the employer.13.The financial institution that administers the simplified pension plan and that terminates it totally, or that terminates it partially for all the members employed by an employer, shall so notify in writing the employers affected and, where applicable, the employees' associations bound by the plan to those employers.It shall also, in those cases and where it receives a notice of partial termination from an employer, so inform without delay the Régie and the members affected; the notice to those members shall be accompanied by a statement of their benefits and shall indicate that they can, within 90 days of the sending of their statement, request the transfer of their benefits to a pension plan within the meaning of the third paragraph of section 98 of the Act or to a life income fund, selected by them or, failing that, by the financial institution.14.Any amount that must return to a member affected by the total termination of the plan shall be remitted to the public curator if the member cannot be found.15.After having paid the benefits of the members affected by a total or partial termination of the plan, the financial institution that administers the plan shall, within 90 days, render an account of that payment to the Régie by filing, ( I ) in the case of a partial termination, an attestation signed by a person in authority certifying that the woundup benefits are those that could be claimed by the members affected by that termination and that they have been paid in accordance with the Act; or (2) in the case of a total termination, that attestation and a termination report composed of the annual statement and financial report provided for in section 161 of the Act; that report shall cover the period included between 1 January of the current year on the date of the notice of termination given to members until their benefits are fully paid.16.The financial institution that administers the plan shall provide, instead of the written summary referred to in the first paragraph of section 111 of the Act, a copy of the part in the plan that contains the provisions applicable to all employers and a copy of the part that contains the provisions specific to the employer of the employee or member affected.It shall also transmit to each member, within 6 months of the end of each fiscal year of the plan, the statement provided for in section 112 of the Act.17.For the purposes of the Act and regulations, except paragraph 1 of section 176 of the Act, the obligations of the pension committee or of its members are incumbent upon the financial institution that administers the simplified pension plan.For the purposes of section 16, subparagraph I, 6 and 7 of the second paragraph of section 24 and section 149 of the Act, the employer's obligations are incumbent upon itself.For the purposes of section 35 of the Act, the pension committee's obligations are incumbent upon the employer.For the purposes of the second paragraph of section 115 of the Act, the pension committee's obligations are incumbent upon the retirement information committee referred to in paragraph 18 of section 10 or, failing that, upon the employer.18.The text of the plan shall be in the form of a single, complete document into which no other external provision may be incorporated.It shall bear the following 1876 GAZETTE OFFICIELLE DU QUÉBEC, May 18.1994.Vol.126.No.20 Part 2 notation on its cover or title page: \"Simplified Pension Plan\" and it shall identify separately the provisions applicable to all employers and all the provisions specific to each employer.19.A pension plan is not validly established where it results from an amendment to a plan already in effect and where the purpose of the amendment is to convert the plan into a simplified pension plan.\".2.This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec.8368 Gouvernement du Québec O.C.658-94, 4 May 1994 Supplemental Pension Plans Act (R.S.Q.C.R-15.1) Supplemental pension plans \u2014 Amendments Regulation to amend the Regulation respecting supplemental pension plans WHEREAS under subparagraph 1.2 and 14 of the first paragraph of section 244 of the Supplemental Pension Plans Act (R.S.Q., c.R-15.1), the Régie des rentes du Québec may, by regulation \u2014 determine the form and content of any document, certificate or attestation prescribed by the Act and the regulations; \u2014 determine the documents and information that must accompany every application for registration of a pension plan or amendment; \u2014 prescribe the fees payable for the financing of expenses incurred by the Régie for the administration of the Act and the regulations and for any formality prescribed therein; Whereas under section 161 of that Act, the information that must be contained in the annual statement is prescribed by regulation and the financial report that must accompany that statement must be audited by an accountant to the extent prescribed by regulation; Whereas in accordance with sections 10 and 11 of the Regulations Act (R.S.Q., c.R-18.1), a draft of the Regulation to amend the Regulation respecting supplemental pension plans was published in Part 2 of the Gazette officielle du Québec of 24 November 1993, with a notice that it could be submitted to the Government for approval upon the expiry of 45 days following that publication; Whereas on 7 February 1994, the Régie made that Regulation with amendments, to take into account the comments made by the interested persons; Whereas it is expedient to approve that Regulation; It is ordered, therefore, on the recommendation of the Minister of Income Security: That the Regulation to amend the Regulation respecting supplemental pension plans, attached hereto, be approved.Benoît Morin, Clerk of the Conseil exécutif Regulation to amend the Regulation respecting supplemental pension plans Supplemental Pension Plans Act (R.S.Q., c.R-15.1, s.244, I \" par., subpars.1, 2 and 14, ands.161) 1* The Regulation respecting supplemental pension plans, made by Order in Council 1158-90 dated 8 August 1990 and amended by the Regulations made by Orders in Council 1159-90 dated 8 August 1990, 568-91 dated 24 April 1991 and 1895-93 dated 15 December 1993, is further amended by inserting the following after section I: \"1.1 A simplified pension plan, governed by Division IV of the Regulation respecting plans exempted from the application of certain provisions of the Supplemental Pension Plans Act, made by Order in Council 1160-90 dated 8 August 1990, prescribes, on the one hand, the registration of the provisions applicable to all the employers that are parties to the plan in accordance with this section and, on the other hand, the registration of an amendment to the plan for the provisions specific to each employer in accordance with section 2.1 An application for the registration of the provisions applicable to all the employers that are parties to the plan must contain the following information, in addition Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994.Vol.126, No.20 1877 to the documents and information required under subparagraphs I, 6 and 7 of the second paragraph of section 24 of the Act: (1) the name of the plan, the name of the financial institution that administers it, the address of its head office and, where applicable, the address of its principal establishment in Québec; (2) the effective date of those provisions; (3) the name and office address of the signatory of the application.The application must also contain an attestation by the signatory that: (1) the financial institution that administers the plan has obtained the employer's written acknowledgement of the obligations incumbent upon it under the plan; (2) the financial institution has obtained the employer's and the employees' association's written acknowledgement of the fact that the provisions to be registered correspond to what they agreed upon, where the employer has delegated powers to the association relating to the plan under the terms of an agreement referred to in paragraph 27 of section 10 of the Regulation respecting plans exempted from the application of certain provisions of the Supplemental Pension Plans Act; (3) the signatory is authorized to prepare and sign that application on behalf of that financial institution.\".2.The Regulation is amended by inserting the following after section 2: \"2.1 An application for the registration of an amendment to a simplified pension plan must contain the following information, in addition to the documents and information required under subparagraphs 1, 6 and 7 of the second paragraph of section 24 of the Act (1) the name of the plan and the number of the certificate of registration issued by the Régie; (2) the nature of the amendment and its effective date and, where the amendment has the effect of reducing the benefits of members or beneficiaries, as the case may be: (a) the date on which the collective agreement establishing the amendment was signed; (b) the effective date of the arbitration award standing in lieu of a collective agreement or the effective date of the decree or order rendering the amendment compulsory; (c) the date of sending of the notice provided for in the first paragraph of section 26 of the Act; (3) in the case of the provisions specific to an employer and to members working for that employer, the name of the employer and the effective date of those provisions; (4) the name and office address of the signatory of the application.The application must also contain the attestation provided for in the third paragraph of section 1.1.\".3« The Regulation is amended by inserting the following after section 7: \"7.1 The annual statement that must be transmitted to the Régie under section 161 of the Act by the financial institution that administers a simplified pension plan must contain the following information: (1) the name of the plan and the number of the certificate of registration issued by the Régie; (2) the names of the employers who are parties to the plan, the address of their head office, the address of their principal establishment in Québec, where applicable, and the main activity of their business; (3) the name and address of any person to whom the financial institution that administers the plan has delegated powers, the purpose of the delegation and the type of instrument of delegation; (4) the number of active members at the beginning and end of the fiscal year, the number of new active members, and the number of withdrawals classified as follows: deaths, disabilities and other terminations of participation; (5) the name and office address of the signatory.\".4.The Regulation is amended by inserting the following after section 9: \"9.1 The annual statement referred to in section 7.1 and pertaining to a simplified pension plan must be accompanied by the financial report referred to in section 161 of the Act.That report must contain the following information in addition to the information required by that section: (1) the income of the pension fund, established according to the accrual basis of accounting and classified as follows: 1878 GAZETTE OFFICIELLE DU QUÉBEC.May 18.1994.Vol.126, No.20 Part 2 (a) the employer's and members' contributions; (b) the amounts received by transfers; (c) income from investments; (d) any other element constituting income of the pension fund, indicating the type of income and the amount; (2) the expenditures of the pension fund, established according to the accrual basis of accounting and classified as follows: (a) the amounts paid in cases of death, disability and other terminations of participation, classified under each of those cases; (b) investment losses; (c) any other element constituting an expenditure of the pension fund, indicating the type of expenditure and the amount; (3) the net assets of the pension fund at the closing date of the fiscal year as well as the method used to determine those net assets, indicating: (a) cash on hand; (b) the market value of all investments of the pension fund and the market value invested in each of the following categories of investment: i.the amounts on deposit; ii.the units of an unincorporated mutual fund and the shares in a mutual fund, classified by the following subcategories of funds or shares: \u2014 Canadian shares; \u2014 foreign shares; \u2014 hypothecary loans; \u2014 immovables; \u2014 bonds; \u2014 balanced portfolio securities; \u2014 money market securities; \u2014 other subcategories; iii.other investments; (c) the unpaid contributions due for the fiscal year covered by the statement or fora previous fiscal year; (d) the total of other amounts receivable; (e) the value of other assets; (f) the total of other amounts payable.\".5* The Regulation is amended by inserting the following after section 10: \"10.1 The annual statement referred to in section 7.1 must contain an attestation by the signatory that: (1) the plan has been administered in accordance with the provisions of the Act; (2) he is authorized to prepare and sign the statement on behalf of the financial institution that administers the plan.\".6» The Regulation is amended by inserting the following after section 11 : \"11.1 Where the attestation referred to in section 10.1 cannot be given with respect to paragraph 1 of that section, the statement must mention any derogation from the Act.\".7» The Regulation is amended by adding the following paragraphs at the end of section 13: \"Notwithstanding the foregoing, in the case of a simplified pension plan, those fees shall be: (1) $1 000 plus $4.50 per active member for the application for the registration of the provisions applicable to all the employers that are parties to the plan and for the annual statement, notwithstanding the $50 000 maximum referred to in the first paragraph; (2) $1 000 for the termination report relating to the total termination of the plan.This section applies regardless of the number of employers that are parties to the plan.\".8.The Regulation is amended by inserting the following after section 59: \"59.1 In the case of a simplified pension plan, the statements referred to in paragraph I of section 112 and in section 113 of the Act must indicate whether the administration costs, other than investment expenses, are borne in whole or in part by the members or by the pension fund, as well as the amount, per member, of those costs or the formula for determining them, showing separately the portion of those costs borne by the member, the pension fund and the employer. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 1879 For the purposes of this section, \"investment expenses\" means brokerage fees, remuneration of a securities adviser and remuneration of a securities depositary.\".9.The Regulation is amended by adding the following sentence at the end of section 68: \"Notwithstanding the foregoing, in the case of a simplified pension plan, that audit must be carried out regardless of the number of members or the market value of the assets.\".IO* This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec.8367 * a.< ( Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 1881 Draft Regulations Draft Regulation Professional Code (R.S.Q., c.C-26) Architects \u2014 Code of ethics \u2014 Amendments Notice is hereby given, in accordance with sections 10 and 11 of the Regulations Act (R.S.Q., c.R-18.1), that the \"Code of ethics of architects (Amendment)\", made by the Bureau of the Ordre des architectes du Québec, the text of which appears below, may be submitted to the Government, which may approve it with or without amendment, upon the expiry of 45 days following this publication.Any person having comments to make is asked to transmit them, before the expiry of the 45-day period, to the Chairman of the Office des professions du Québec, complexe de la place Jacques-Cartier, 320, rue Saint-Joseph Est, l \" étage, Québec (Québec), G1K 8G5.These comments will be forwarded by the Office to the Minister responsible for the administration of legislation concerning the professions; they may also be forwarded to the professional corporation that made the Regulation as well as to the persons, departments and agencies concerned.Robert diamant, Chairman of the Office des professions du Québec Code of ethics of architects (Amendment) Professional Code (R.S.Q., c.C-26, s.87) 1.The Code of ethics of architects (R.R.Q., 1981, c.A-21, r.3), amended by the Regulation approved by Order in Council 820-91 dated 12 June 1991.is further amended by adding the following at the end of section 2.03: \"In particular, he must favor the hiring of trainees where circumstances so permit.\".2.The following is substituted for section 3.04.01 : \"3.04.01 An architect must date and identify by means of the firm name of his office any document relating to the practice of the profession.3.04.02 In addition, an architect must sign and authenticate with his seal: (a) copies of working drawings and working specifications sent to any authority including, in particular, those sent to the client or to a municipality in support of an application for a permit; (b) copies of documents prepared by the architect for contractual purposes between the client and the contractor; (c) a copy of the documents prepared by the architect and used to carry out the work at the construction site; (d) copies of documents prepared by the architect for the purposes of riders to the agreement between the client and the contractor; (e) expert reports.\".3.Section 3.08.02 is revoked.4.The following is added after section 4.03.05: \"4.03.06 Where a client invites two or more architects to submit sketches to him, an architect may answer the invitation only if he satisfies the following conditions: (a) the identity of all the architects invited is known to each one of them; (b) all the architects receive equal remuneration and that remuneration is known to each one of them.\".5* The following is substituted for Division V: \"DIVISION V ADVERTISING § I.Restrictions and obligations respecting advertising 5.01.01 An architect may mention in his advertising all information likely to help a person who has no particular knowledge of architecture to make an enlightened choice on the services which may be useful or GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994.Vol.126, No.20 Part 2 necessary for him.The advertising must promote access to those services, as well as the maintenance and development of professionalism.5.01.02 No architect may, in any way whatsoever, engage in false or misleading advertising or advertising which is likely to mislead, or allow anyone else to do so.5.01.03 An architect who mentions the name of a project in which he has participated must also mention, where applicable, that other offices of architects have participated in the project and specify his role and his participation in the project.5.01.04 An architect may claim specific qualities or skills only if he can justify them.5.01.05 No architect may advertise in a manner which is likely to denigrate or disparage another architect.5.01.06 Advertising respecting fees must give sufficient information on the extent of the services offered and the corresponding remuneration.The advertising must specify the period during which it is in force and shall indicate whether or not disbursements are included in the remuneration.5.01.07 An architect must retain a complete copy of all advertisements in their original form for a period of 1 year following the date on which they last appeared.Upon request, the copy must be submitted to the syndic.§ 2.Graphic symbol of the Order 5.02.01 The Ordre des architectes du Québec is represented by a graphic symbol that is identical to the original held by the secretary.5.02.02 An architect who reproduces the Order's graphic symbol in his advertising must ensure that it is identical to the original.§ 3.Firm names of architectural firms 5.03.01 This Division also applies to architects who practise alone.5.03.02 The firm name of a partnership of architects shall include only the names of members of the Order who practise together.5.03.03 When an architect withdraws from a partnership, his name must be withdrawn from the firm name except in the cases provided for in section 5.03.04.5.03.04 When an architect withdraws from a partnership to practise alone, to join another firm or to fulfill a duty that is incompatible with the practice of his profession, his name must be withdrawn within a reasonable time limit from the firm name, unless there is an agreement to the contrary.5.03.05 Notwithstanding section 5.03.02, a partnership of architects may retain in its firm name the name of a deceased or retired architect, for 1 year following the death or retirement, provided that the architect was a member of the partnership at the time of his death or retirement.5.03.06 Notwithstanding section 5.03.05, the firm name of a partnership of architects may include the name of a deceased or retired architect provided that the architect was a member of that partnership during the 5 years preceding his death or retirement and provided that the architect, his successors or assigns have concluded an1 agreement to that effect; the agreement may be revoked for cause.\".6* The Regulation respecting advertising by architects (R.R.Q., 1981.c.A-21, r.10) is revoked.7« This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec, 8369 Draft Regulation An Act respecting the conservation and development of wildlife (R.S.Q.C.C-61.1) Sale of Game Meat \u2014 Amendment Notice is hereby given, in accordance with sections 10 and 11 of the Regulations Act (R.S.Q., c.R-18.1), that the Regulation to amend the Sale of Game Meat Regulation, the text of which appears below, may be made by the Gouvernement du Québec upon the expiry of 45 days following this publication.Any interested person having comments to make is asked to send them in writing, before the expiry of the 45-day period, to the Minister of the Environment and Wildlife, 3900, rue Marly, 6eétage, Sainte-Foy, GIX 4E4.Pierre Paradis, Minister of the Environment and Wildlife Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol, 126, No.20 1883 Regulation to amend the Sale of Game Meat Regulation An Act respecting (he conservation and development of wildlife (R.S.Q.C C-6I.I,s.69) 1* The Sale of Game Meat Regulation, made by Order in Council 1295-84 dated 6 June 1984 and amended by the Regulations made by Orders in Council 796-85 dated 24 April 1985 627-88 dated 27 April 1988, is further amended in section I by adding the words \"originating from Québec\" after the word \"musk-oxen\".2* This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec.8372 Draft Regulation Financial Administration Act (R.S.Q., c.A-6) An Act respecting the Ministère des Approvisionnements et Services (R.S.Q., c.M-23.01) Institut de recherche et d'information sur la rémunération \u2014 Certain contracts Notice is hereby given, in accordance with sections 10 and 11 of the Regulations Act (R.S.Q., c.R-18.1), that the Regulation respecting special rules concerning certain services contracts of the Institut de recherche et d'information sur la rémunération, the text of which appears below, may be submitted to the Government which may approve it upon the expiry of 45 days following this publication.Any interested person having comments to make is asked to send them in writing, before the expiry of the 45-day period, to the President of the Institut de recherche et d'information sur la rémunération, 500, rue Sherbrooke Ouest, Montréal, H3A 3C6.hélène wavroch, Acting President of the Institut de recherche et d'information sur la rémunération Regulation respecting special rules concerning certain services contracts of the Institut de recherche et d'information sur la rémunération Financial Administration Act (R.S.Q., c.A-6, s.49.3.2) An Act respecting the Ministère des Approvisionnements et Services (R.S.Q.C.M-23.01, s.7.7) DIVISION 1 SCOPE !\u2022 This Regulation applies to professional services contracts that the Institut de recherche et d'information sur la rémunération concludes in the exercise of its powers to conduct surveys, studies, research and analyses, as provided for in sections 19 and 20 of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (R.S.Q., c.R-8.2).2* The provisions of the General Regulation respecting the conditions of contracts of government departments and public bodies and those of the Regulation respecting services contracts of government departments and public bodies apply to the services contracts referred to in section 1, except to the extent where they are withdrawn from the provisions of those Regulations by the Government and subject to the provisions of this Regulation.DIVISION 2 LIMITED INVITATION TO TENDER 3* For a contract estimated at $ 10 000.00 or more, a limited invitation to tender shall be extended to not less than three (3) suppliers chosen by the Institut who have an establishment in Québec or, failing such, to the only 2 suppliers who have an establishment in Québec.DIVISION 3 REPORT 4.The Institute shall send to the Conseil du trésor, at least once a year, a report on the contracts it allocated, including the number and total amount of the contracts awarded as well as any other information that may be required.Notwithstanding the foregoing, the Institute may refrain from including in that report any information likely to reveal the nature, content or supplier of a contract.As 1884 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 Part 2 soon as the confidential nature of such information no longer exists, the Institut shall mention it in a subsequent report.DIVISION 4 EVALUATION OF PROPOSALS WITH PRICES 5.Upon the evaluation of a proposal with prices, the Institut may add its own criteria to the compulsory criteria and suggested criteria provided for in Schedule I to the Regulation respecting services contracts of government departments and public bodies.DIVISION 5 COMING INTO FORCE 6* The provisions of this Regulation come into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec.8366 Draft Regulation An Act respecting income security (R.S.Q.C.S-3.I.1) Income security \u2014 Amendment Notice is hereby given, in accordance with sections 10 and ii of the Regulations Act (R.S.Q., c.R-18.1), that the Regulation to amend the Regulation respecting income security, the text of which appears below, may be made by the Government upon the expiry of 45 days following this publication.Any interested person having comments to make is asked to send them in writing, before the expiry of the 45-day period, to the Minister of Income Security, 425, rue Saint-Amable, 4' étage, Québec (Qc), G1R 4Z1.Violette Trépanier, Minister of Income Security Regulation to amend the Regulation respecting income security An Act respecting income security (R.S.Q.,c.S-3.1.1,s.9l, l\"par.,subpar.18,and2\" par.) !\u2022 The Regulation respecting income security, made by Order in Council 922-89 dated 14 June 1989 and amended by the Regulations made by Orders in Council 1917-89 dated 13 December 1989,1051 -90 dated 18 July 1990, 1733-90 and 1734-90 dated 12 December 1990, 1793-90 dated 19 December 1990,567-91 dated 24 April 1991, 1721-91 dated 11 December 1991, 285-92 dated 26 February 1992.379-92 and 380-92 dated 18 March 1992, 868-92 dated 10 June 1992, 1155-92 dated 5 August 1992,1798-92 and 1799-92 dated 9 December 1992, 123-93 dated 3 February 1993, 825-93 dated 9 June 1993, 1287-93 dated 8 September 1993, 1780-93 dated 8 December 1993 and 159-94 dated 19 January 1994, is further amended in section 24 by inserting the following after subparagraph 1 of the first paragraph: \"(I.I) for not more than 12 months, where he ceases to be eligible for a last resort assistance program because of his participation in a self-employment support measure established by the Minister, if he continues to participate in that measure;\".2.This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec.8371 Draft Regulation An Act respecting the Québec Pension Plan (R.S.Q.,c.R-9; 1993, c.15) Benefits Notice is hereby given, in accordance with sections 10 and 13 of the Regulations Act (R.S.Q., c.R-18.1), that the Regulation respecting benefits, the text of which appears below, may be submitted to the Government for approval on the expiry of 30 days following this publication.Under section 12 of that Act, the Draft Regulation attached hereto may be approved on the expiry of a period shorter than the 45-day period provided for in section 11 of that Act, given the urgency owing to the following circumstances: \u2014 section 111 of the Act to amend the Act respecting the Québec Pension Plan and other legislative provisions (S.Q., 1993, c.15) provides that regulations which will be made until 30 June 1994 under section 219 of the Act respecting the Québec Pension Plan may provide that they apply from any date not prior to 1 January 1994 or, in the case of regulations made under paragraphs h.1, i, i.l,y and /.I of that section, not prior to 1 July 1993; \u2014 it is expedient to reduce to 30 days the publication period for the Regulation attached hereto, so that the provisions concerning the disability pension and the Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 1885 presumption that an application for a retirement pension has been made may come into force before I July 1994.Any person having comments to make on the aforementioned Regulation is asked to send them in writing, before the expiry of the 30-day period, to Mr.Claude Legault, President and General Manager of the Régie des rentes du Québec, 2600, boulevard Laurier, 5' étage, Sainte-Foy (Québec), G1K 7S9.Comments will be forwarded to the Minister of Income Security, who is responsible for the application of the Act respecting the Québec Pension Plan.Violette Trépanier, Minister of Income Security Regulation respecting benefits An Act respecting the Québec Pension Plan (R.S.Q.C.R-9, ss.86,95,95.1,98, 133.1, 139, 142.1, 150, 175 and 219, pars, a to j.j.2 to m, s and /; 1993, c.15, ss.14, 18, 19,51, 53, 57.59, 70 and 82) DIVISION I GENERAL PROVISIONS 1* A person applying for a benefit provided for under the Act respecting the Québec Pension Plan, or for a partition of a retirement pension or a partition of unadjusted pensionable earnings provided for under that Act shall provide the Board with proof of his right to such benefit or partition.2.Proof of birth, marriage or death shall be given by filing an act or certificate of civil status.Proof of divorce, of separation from bed and board or of nullity of marriage shall be given by filing a certificate of divorce or a copy of the judgment attested by the public officer with whom it was deposited.3.Where information concerning the birth, marriage or death of a contributor or beneficiary is sent to the Board by an agency of the Government of Canada or the Gouvernement du Québec, that information constitutes proof of its import, unless the Board requires more convincing evidence.4.A person who files an application on behalf of another person shall state the quality in which he is acting and, where so required by the Board, shall provide evidence thereof.5.Articles 2803 to 2874 of the Civil Code of Québec apply to any evidence required under the Act or this Regulation.6.An application submitted to the Board shall contain the name, address and social insurance number of the applicant, as well as the name, address and social insurance number of the contributor, where they differ from those of the applicant.DIVISION II PAYMENT OF BENEFITS 7» Where a beneficiary must be represented or assisted because of his inability to manage his affairs, but no administrator has been legally designated to administer his property, the Board may designate any person to administer the benefits to which the beneficiary is entitled, and the rules set forth in articles 1308 to 1323 of the Civil Code of Québec apply to the person thus designated by the Board.8* Any benefit owing to a deceased beneficiary shall be paid to his succession.9» Any pension may, on written request to the Board, be paid by cheque or direct deposit, cither semiannually, that is, during the month of June, for benefits payable for the months of January to June, and during the month of December, for benefits payable for the months of July to December, or quarterly, during the following months: (1) March, for benefits payable for the months of January to March; (2) June, for benefits payable for the months of April to June; (3) September, for benefits payable for the months of July to September: and (4) December, for benefits payable for the months of October to December.Where the monthly amount of a pension is less than $10, the Board may pay the pension semiannually or quarterly, during the months stipulated for such payment in the first paragraph.10.The interest provided for in section 143.0.1 of the Act shall be calculated daily to the ninth decimal place by dividing the interest rate in effect on the day of calculation by the number of days in the year in which that day occurs.If the tenth digit after the decimal point is greater than 4, the ninth digit shall be increased by one unit.Once the interest payable has been calculated, only the first two digits after the decimal point shall be retained and, if the third digit after the decimal point is greater than 4, the second digit shall be increased by one unit. 1886 GAZETTE OFFICIELLE DU QUÉBEC.May 18.1994, Vol.126, No.20 Part 2 DIVISION III RECOVERY II.The Board may make deductions from a benefit granted to a debtor to offset a recoverable sum, up to the highest of the following amounts: (1) 25 % of the benefit payable; or (2) 7i2 of the recoverable sum, up to 50% of the benefit payable.The Board may make deductions from up to 100 % of a payable benefit in the following instances: ( 1 ) the debtor consents thereto in writing; or (2) the set-off provided for in the first paragraph does not appear to be sufficient to repay the recoverable sum in full, taking future payments of the payable benefit into account.To offset the debt of a deceased contributor, the Board may also make deductions from the total amount of a death benefit payable in that contributor's name, where the death benefit is payable to his heirs.DIVISION IV RETIREMENT PENSION 12.An applicant who wishes to receive his retirement pension before the age of 65 shall state in his application the date on which he stopped working or will stop working.13.Where a retirement pension becomes payable to a contributor on a date other than that of his 65'* birthday, the basic monthly amount thereof shall be adjusted as follows: (1) where that date falls before the date of the contributor's 65\"1 birthday, the basic monthly amount shall be decreased by 0.5 % for each month between the date on which the pension becomes payable to him and the date of his 65* birthday; or (2) where that date falls after the date of the contributor's 65lh birthday, the basic monthly amount shall be increased by 0.5 % for each month, up to a limit of 60 months, between the date of his 65th birthday and the date on which the pension becomes payable to him.14.A contributor who is 65 years old or more, who has not filed an application for a retirement pension and who receives a surviving spouse's pension is presumed to have filed an application for a retirement pension on the last day of the most recent of the following months: (1) the month preceding his 65'* birthday; (2) the month during which his application for a surviving spouse's pension is filed; or (3) January 1994.A person who is 65 years old or more and becomes a contributor upon the partition of unadjusted pensionable earnings is presumed to have filed an application for a retirement pension on the last day of the month during which the partition of the unadjusted pensionable earnings is presumed to have been carried out.15* The following information and documents shall be provided with an application for the partition of a retirement pension: ( I ) the name, address and social insurance number of each spouse; (2) the spouses' marriage certificate or the certificate of civil status of one of the spouses; and (3) a statement by the applicant to the effect that he is not legally separated.Where only one of the spouses receives a retirement pension payable under the Act, the birth certificate of the spouse who does not receive such pension shall be submitted with the application for partition, along with a statement by that spouse to the effect that no contribution has been paid for him under the Act or under a similar pension plan.DIVISION V PENSIONS FOR ORPHANS, CHILDREN OF DISABLED CONTRIBUTORS AND SURVIVING SPOUSES 16* A contributor who resides with a child is deemed to maintain the child for the purposes of subparagraph d of the first paragraph of section 86 of the Act; in addition, where the contributor has a spouse, his income must be equal to 50 % or more of the sum of his income and that of his spouse.If the contributor does not reside with the child, he is deemed to maintain the child, provided that he supports the child in an amount equal to or greater than the amount, rounded down to the nearest ten dollars, that constitutes half of the basic daily compensation established according to the child's age under sections 303 and 314 of the Act respecting health services and social services (R.S.Q., c.S-4.2) and that would be paid to a foster family to lodge the child.If the child is more than 17 years old, the compensation for a child of that age shall be applied. Pan 2 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994.Vol.126.No.20 1887 For the purposes of sections 133.1 and 175 of the Act, the surviving spouse of a contributor or, as the case may be, any other person is deemed to be maintaining a child, where he meets the condition set forth in the first paragraph in respect of a contributor who does not reside with a child or where, in the case of a child placed by a child and youth protection centre, he pays the contribution set by the centre in accordance with the Regulation respecting the application of the Act respecting health services and social services (R.R.Q., 1981, c.S-5, r.I).DIVISION VI DISABILITY PENSION 17» For the purposes of the second paragraph of section 95 of the Act, an occupation is considered substantially gainful only where the person concerned would have earned therefrom, had he not become disabled, an income which, established on a yearly basis, would not have been less than 12 times the maximum disability pension payable for each month of the year in which the person became disabled.18» For the purposes of the third paragraph of section 95 of the Act, a person's gainful occupation is his usual occupation only where the person would have earned therefrom, had he not become disabled, an income which, established on a yearly basis, would not have been less than the basic exemption for the year in which the person became disabled.19* A person who applies for a disability pension shall authorize the Board in writing to obtain documents or information pertaining to the person's physical or mental condition and held by any health institution or health professional.DIVISION VII PARTITION OF UNADJUSTED PENSIONABLE EARNINGS 20.For the purposes of the second paragraph of section 102.1 of the Act, where a judgment of divorce, of annulment of marriage or of separation from bed and board does not state that a former spouse renounces his right to partition, proof of such renunciation shall be given by filing a copy of the act of renunciation, which must be a notarial deed registered in accordance with the provisions of article 423 of the Civil Code of Québec.21* For the purposes of the second paragraph of sec-lion 102.5 of the Act, the following documents shall be provided with an application for partition: (I) a certified copy of the judgment of divorce, of annulment of marriage, of separation from bed and board or of a judgment having an effect similar to that of a judgment of separation from bed and board and, where applicable, a copy of any agreement between the former spouses; (2) a certificate attesting that the judgment is final; (3) an act establishing the age of each former spouse and issued by a government or by any other competent agency; where no such act can be provided, any other documentary evidence that may be accepted under the Civil Code of Québec; and (4) a writing establishing the social insurance number of the former spouse who is applying for partition and, where such information is available, that of the other former spouse.22» Where an application for partition is withdrawn under section 102.8 of the Act and the applicant wishes to have the partition carried out, the application cancelled by such withdrawal shall not be re-used, and the applicant shall fill out a new application.Where an application is withdrawn by a former spouse, the Board shall immediately inform the other former spouse thereof at his last known address.DIVISION VIII CALCULATION AND ADJUSTMENT 23.For the purposes of section 98 of the Act, where the basic exemption is a number containing one or more digits after the decimal point, no such digit shall be retained.Moreover, for the purposes of clause 2 of subparagraph b of the first paragraph of that section, the amounts of the earnings and contributions of a contributor under the Canada Pension Plan are those determined according to die provisions of that Plan and certified by the authority that administers that Plan.24.Where the result of a calculation done in accordance with the following sections of the Act is a number containing one or more digits after the decimal point, that number shall be rounded off as follows: (1) under sections 98, 102.3 and 180, no digit after the decimal point shall be retained and, where the first digit is greater than 4, the number thus modified shall be increased by one unit; (2) under sections 99, 100, 119 to 121, 123 to 126, 129 to 131, 133, 134 to 138 and 179, only the first two digits after the decimal point shall be retained and, where the third digit is greater than 4, the second digit shall be increased by one unit; 1888 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 Part 2 (3) under section 102, no digit after the decimal point shall be retained and, where the first digit is greater than 4, the number thus modified shall be increased by one unit, once the calculations referred to in sections 103 and 104 have been done; (4) under sections 106, 106,1 and 107, the number shall be increased by one unit, and no digit after the decimal point shall be retained; (5) under sections 117 and 118, only the first digit after the decimal point shall be retained and, where the second digit is greater than 4, the first digit shall be increased by one unit; and (6) under section 158.5, only the first two digits after the decimal point of the amount P obtained using the formula provided for in that section shall be retained.Notwithstanding the foregoing, in the case of the averages referred to in subparagraph b of the second and third paragraphs of section 119 of the Act and those referred to in the third paragraph of section 124 of the Act, only the first digit after the decimal point shall be retained and, where the second digit is greater than 4, the first digit shall be increased by one unit.25* Where, for the purposes of Title IV of the Act, the ratio between the pension index for a given year and the pension index for another year is determined and the result obtained is a number containing more than three digits after the decimal point, the third digit shall be increased by one unit where the fourth digit is greater than 4.26.Where, for the purposes of Title IV of the Act, the average maximum pensionable earnings for three given years is determined and the result obtained is a number containing one or more digits after the decimal point, no such digit shall be retained and the number thus modified shall be increased by one unit where the first digit is greater than 4.DIVISION IX FINAL PROVISIONS 27* This Regulation replaces the Regulation respecting benefits (R.R.Q., 1981, c.R-9, r.5).28.Sections 16 to 18 have effect from 1 July 1993.Section 14 has effect from 1 January 1994.The second paragraph of section 14 applies only to unadjusted pensionable earnings whose presumed date of partition falls after 31 December 1993.29* This Regulation comes into force on the day following the date of its publication in the Gazette officielle du Québec, except section 9, which comes into force on I January 1995.8374 Draft Regulation Professional Code (R.S.Q., c.C-26) Respiratory therapists \u2014 Cessation of practice Notice is hereby given, in accordance with sections 10 and 11 of the Regulations Act (R.S.Q., c.R-18.1), that the \"Regulation respecting the cessation of practice of a member of the Corporation professionnelle des inhalothérapeutes du Québec\", made by the Bureau of the Corporation professionnelle des inhalothérapeutes du Québec, the text of which appears below, may be submitted to the Government, which may approve it with or without amendment, upon the expiry of 45 days following this publication.Any person having comments to make is asked to transmit them, before the expiry of the 45-day period, to the Chairman of the Office des professions du Québec, complexe de la place Jacques-Cartier, 320, rue Saint-Joseph Est, 1 \"étage, Québec (Québec), G1K 8G5.These comments will be forwarded by the Office to the Minister responsible for the administration of legislation concerning the professions; they may also be forwarded to the professional corporation that made the Regulation as well as to the persons, departments and agencies concerned.Robert Diamant, Chairman of the Office des professions du Québec Regulation respecting the cessation of practice of a member of the Corporation professionnelle des inhalothérapeutes du Québec Professional Code (R.S.Q., c.C-26, s.91) DIVISION I SCOPE 1* This Regulation applies to the disposal of the records, books, registers, medications, poisons, prod- Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 1889 ucts, substances, apparatus and equipment of a member of the Corporation professionnelle des inhalothérapeutes du Québec who ceases to practise.Notwithstanding the foregoing, this Regulation does not apply to a member who is employed by a natural person, a legal person, a partnership or a government and who ceases to practise.DIVISION II PERMANENT CESSATION OF PRACTICE 2* Where a member decides to permanently cease to practise, the member, not more than 30 days before the date of the cessation, shall inform the secretary by registered mail of the date of cessation and of the name, address and telephone number of the member who has agreed to be the transferee of the items referred to in section 1, and shall send a copy of the transfer agreement to the secretary.Where the member has not been able to arrange for a transfer, the notice to the secretary shall indicate the date on which the member will hand over the items referred to in section 1 to the secretary.3* Where a member dies or is permanently struck off the roll, or where a member's permit is revoked, the secretary shall lake possession of the items referred to in section 1 within 15 days of the event, unless the member has arranged for a transfer and has submitted a copy of the agreement to the secretary within the same time.4.Where a transfer has been arranged for but cannot be carried out, Ihe secretary shall lake possession of the items referred to in section I.5- Where a member permanently ceases to practise, the transferee or the secretary, as the case may be, within 30 days following the date on which the transferee or secretary takes possession of ihe items referred to in section I, shall (1) have a notice published twice, at a 10-day interval, in a newspaper serving the region in which the member practised; the notice shall state (a) the date of taking of possession and the reasons therefor; (b) the time clients have to accept the transfer, lo take back the items from ihe records thai belong lo them or to request that the items be transferred to another professional; and (c) the address and telephone number of the transferee or secretary and the office hours during which lhat person can be reached; or (2) send a notice in writing to each client of the member who has ceased to practise, stating ihe information prescribed in subparagraph 1.Where ihe notice has been published, a notice in writing stating the information prescribed in subparagraph 1 shall also be sent lo a client whose interests warrant the sending of such notice.Where a notice is issued by a transferee, a copy shall be sent to the secretary.6.A transferee or the secretary in possession of the items referred to in section I shall take the necessary preservation measures to safeguard the interests of the member's clients.T« A transferee or the secretary, as the case may be, shall respect a person's right to consult and obtain copies of documents that concern the person and are contained in a record made in the person's regard, 8» A transferee or the secretary who takes possession of the items referred to in section 1 shall keep the items for a period of not less than 5 years.During that period, the secretary may transfer the items referred to in section 1 to a transferee, in which case the transferee is bound by the requirements of section 5.DIVISION III TEMPORARY CESSATION OF PRACTICE 9.Where a member decides to temporarily cease to practise, the member shall inform the secretary by registered mail of the date of cessation at least 30 days before that date and of the name, address and telephone number of the member who has agreed to be the provisional custodian of the items referred to in section 1, and shall send a copy of the provisional custodianship agreement to the secretary.A member who has not been able to arrange for provisional custodianship shall so inform the secretary, who shall then inform the member of the date on which the secretary or the provisional custodian appointed for that purpose by the Bureau will take possession of the items referred to in section 1.10.Where a member is temporarily struck off the roll or is under a permit suspension, the secretary shall take possession of the items referred to in section 1 1890 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994.Vol.126, No.20 Part 2 within 15 days of the event, unless the member has arranged for provisional custodianship and has submitted a copy of the agreement to the secretary within the same time.If the member is unable to arrange for provisional custodianship within that time, the secretary shall take possession of the items referred to in section 1, unless a provisional custodian has been appointed for that purpose by the Bureau.II- Where provisional custodianship has been arranged for but cannot be carried out, the secretary shall take possession of the items referred to in section I.12.Sections 6 and 7 apply to a provisional custodian or to the secretary taking possession of items referred to in section 1 pursuant to this Division.13« Where a member is temporarily struck off the roll or is under practice suspension for more than I month, the provisional custodian or the secretary is bound by the requirements of section 5.DIVISION IV RESTRICTION OF THE RIGHT TO PRACTISE 14* Where a decision is made against a member, restricting the member's right to practise and determining the professional acts that the member is not authorized to perform, the member shall find a provisional custodian within 30 days of die date on which the restriction is to take effect for the items referred lo in section 1 relating to the professional acts that the member is not authorized to perform.If the member is unable to arrange for provisional custodianship within that time, the provisional custodian appointed for that purpose by the Bureau or the secretary shall take possession of the items referred to in section 1 relating to the professional acts that the member is not authorized to perform.15.Sections 6 and 7 apply to a provisional custodian or to the secretary taking possession of items referred to in section 1 pursuant to this Division.16.This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec.8370 Notice Security Guards \u2014 Amendments Notice is hereby given in accordance with the Act respecting collective agreement decrees (R.S.Q., c.D-2), that the Conseil des agences de sécurité et d'investigation du Québec inc.(CASIQ), the A.S.I.E.Q.Inc., the Union des agents de sécurité du Québec and the United Steel Workers of America, local 8922, parties to the Decree respecting security guards (R.R.Q., 1981, c.D-2, r.1 ), have petitioned the Minister of Employment to recommend to the Government, the amendments to the above-mentioned Decree contained in the draft decree, copy of which appears below.Notice is also given in accordance with sections 10 and 11 of the Regulations Act (R.S.Q., c.R-18.1), that the draft decree may be made by the Government upon the expiry of 45 days following this publication.Any person having comments to make is asked to send them in writing, before the expiry of that period, to the undersigned, Ministère de l'Emploi, 200, chemin Sainte-Foy, 6* étage, Québec (Québec), Gl R 5SI.Nicole Malo, Deputy Minister of Employment Decree to amend the Decree respecting security guards An Act respecting collective agreement decrees (R.S.Q., c.D-2, s.8) !\u2022 The Decree respecting security guards (R.R.Q., 1981, c.D-2, r.1), amended by Orders in Council 2487-83 dated 30 November 1983, 441-84 dated 22 February 1984,999-84 dated 25 April 1984, 1744-84 dated 1 August 1984,2546-84 dated 14 November 1984, 635-85 dated 27 March 1985.16-86 dated 15 January 1986, 1162-89 dated 12 July 1989, 93-90 dated 24 January 1990, 1391-91 dated 9 October 1991, and 768-92 of 20 May 1992, is further amended in section 1.01: I.by inserting the following after paragraph 2: \"2.1 \"school guard\": employee whose function is lo ensure the safety of students at school crossings and intersections;\"; 2.by substituting the following for paragraph 3: Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 1891 \"3.\"spouse\": the man and woman who: (a) are married and cohabiting; (b) are living together as husband and wife and are the father and mother of the same child; (c) have been living together as husband and wife for one year or more;\"; 3.by substituting the following for paragraph 6: \"6.\"P-3A premium\": benefit paid to an intervention guard who is assigned to an exclusively psychiatric institution or to a psychiatric department of a general institution, a rehabilitation reception centre for delinquents pursuant to the Act respecting health services and social services (R.S.Q., s-4.2) or under the Code of Penal Procedure (R.S.Q., c.C-25.1) and who, in the normal and customary execution of his duties, is required to intervene physically with the beneficiaries; this premium is also paid to the guard who accompanies a beneficiary whenever he goes from one place to another; \"P-3B premium\": benefit paid to an intervention guard who has passed a training in psychological and physical non-abusive intervention (IPPNA-NAPPI) and who is assigned to an exclusively psychiatric institution, or to a psychiatric department of a general institution, to a rehabilitation reception centre for delinquents under the Act respecting health services and social services or under the Code of Penal Procedure and who, in the normal and customary execution of his duties is required to intervene physically with the beneficiaries: this premium is also paid to the guard who accompanies the beneficiary;\"; 4.by substituting the following for paragraph 10: \"10.\"P-7 premium\": benefit paid to a guard who requires a shelter and, at the request of his employer, must use his automobile to this effect;\"; 5.by substituting at paragraph 14, the following for the second paragraph: \"An employee who has acquired the status of a regular A-01 employee who no longer wants or declares himself unavailable to work 3 shifts or more and a minimum of 21 hours per week during a minimum of two consecutive weeks, becomes a part-time A-02 employee;\"; 6.by substituting at paragraph IS, \"15 May to 31 August\" for \"15 June to 15 September\"; 7.by substituting at paragraph 17: (a) the number \"60\" for the number \"30\"; (b) the words \"regular A-01, part time A-02 or trial A-03 employee\" for the words \"regular, part-time or trial employee\"; 8.by adding the following paragraph at the end of paragraph 18: \"as of (insert the enforcement date of this decree), the employer must inform the joint committee in writing within 15 calendar days, of the day his week begins.That choice remains in force for the term mentioned at section 9.01;\"; by substituting the following for paragraph 19; 19.\"continuous service\": means the uninterrupted period during which the employee is bound to the employer by a contract of employment, even if the performance of work has been interrupted without the cancellation of the contract, and the period during which fixed term contracts succeed one another without an interruption that would, in the circumstances, give cause to conclude that the contract was not renewed;\"; 10.by adding the following subparagraph at the end of paragraph 20: \"(c) \"school guard\".2* Section 2.03 of the Decree is amended by adding the following after paragraph 6: \"7.employees of a school bus company whose function is primarily to ensure the safety of students inside and immediately outside a school bus or a student transport vehicle.\".3» Section 3.01 of the Decree is amended by substituting in the third paragraph \"(insert here the date of enforcement of the Decree)\" for \"22 February 1990\".4.Section 3.07 of the Decree is amended by substituting in the second paragraph the words \"school guard\" for \"an employee assigned to a children crossing\".5m The following is substituted for sections 3.08 and 3.09 of the Decree: \"3.08 1.The employer must give written notice to an employee before terminating his contract of employment or laying him off for six months or more.This notice shall be of one week if the employee is credited with less than one year of continuous service, two weeks if he is credited with one year to five years of continuous service, four weeks if he is credited with five 1892 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 Part 2 years to ten years of continuous service and eight weeks if he is credited with ten years or more of continuous service.A notice of termination of employment given to an employee during the period when he is laid off is null, except in the case of employment that usually lasts for not more than six months each year due to the influence of the seasons.This section does not deprive an employee of a right granted to him under another Act.2.Paragraph 1 does not apply to an employee: (a) who has less than 3 months of continuous service; (b) whose contract for a fixed term or for a specific undertaking expires; (c) who has committed a serious fault; (d) for whom the end of the contract of employment or the layoff is a result of a fortuitous event.3.09 An employer who does not give the notice prescribed by section 3.08, or who gives insufficient notice, must pay the employee a compensatory indemnity equal to the regular weekly wage received by the employee during his period of continuous service, not to exceed the 6 months immediately preceding the departure of the employee.This indemnity must be paid at the lime the employment is terminated or at the time the employee is laid off for a period expected to last more than a period of 6 months, or at the end of a period of 6 months after a layoff of indeterminate length or a layoff expected to last less than 6 months but which exceeds that period.\".6.The Decree is amended by substituting the following wage rates for the rates found in section 4.07: \"As of (insert the\t\tAs of\tAs of enforcement date\t\t95 06 01\t96 09 30 of this Decree)\t\t\t Class A employee\t10,05$\t10,30$\t10,60$ \u2014 Premiums\t\t\t PI-P4\t0,25$\t0,25$\t0,25 $ P2\t0.35\t0,35\t0,35 P3A\t0,50\t0,50\t0,50 P3B\t1,00\t1,00\t1,00 P5\t0,50\t0,50\t0,50 P6\t2,50\t2,50\t2,50 P7\t1,50\t1,50\t1,50 More than one premium may apply at the same time.Class Be employee: this employee receives 0,25$ more per hour than the hourly rate granted to the best paid employee under his supervision or direction.The hourly rate does not include premiums.\".7« The following is substituted for section 4.10 of the Decree: \"4.10 The employer may make a check-off on wages only when compelled by a law, regulation, court order, collective agreement, the Decree or an obligatory supplemental pension plan, or when authorized by a document signed by the employee.The employee may cancel such authorization at any time, except when it concerns membership in a collective insurance plan or in a supplemental pension plan.The employer pays to the recipient the amounts thus held back.\".8.The following is substituted for section 5.02 of the Decree: \"5.02 All employees are entitled to a paid annual vacation on the basis of their gross earnings during the qualifying year provided for in section 5.01.Qualification (at (he end of Ihe qualifying year) fa) less than on year of continuous service with the same employer Vacation Compensation (b) 1 year or more but less than 3 years of continuous service with the same employer (c) 3 years or more but less than 5 years of continuous service with the same employer on working day per month lo a maximum of 10 working days per year.For Ihe employee who has not cumulated the maximum 10 working days of annual leave, Ihe employer grams an annual unpaid vacation of up lo 2 weeks lo the employee who makes such a request.2 continuous weeks 3 weeks, 2 of which arc continuous 6% of earnings 6% of earnings 6% of earnings Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 1893 Qualification Vacation Compensation (al Ihe end of the qualifying year) (d) 5 years or more 3 continuous weeks 6 % of of continuous service of earnings\".with the same employer 9* Section 5.07 of the Decrees is amended by adding the following paragraph: \"Unless notice is given by the employer, the date chosen by the employee shall be considered as having been accepted by the employer.\".10.Section 5.09 of the Decree is amended by adding the following paragraph: \"The employee who is absent due to illness or accident may, if he so wishes, take his annual vacation upon his return to work.The employer then pays him his annual vacation pay.\".11* Section 5.12 of the Decree is amended by substituting \"6 %\" for \"4 % or 6 % as the case may be,\".B2.Section 6.04 of the Decrees is amended by substituting, in paragraph I, \"100 %\" for \"50 %, and the compensation provided for in paragraph 1 of section 6.03\".13.Section 6.05 of the Decree is amended by inserting the following after the first paragraph: \"To be entitled to the compensation for a holiday, the A-04 casual employee must have 60 days of continuous service to his credit.\".14.Section 6.06 of the Decree is amended in the first paragraph by inserting, after the word \"regular\", the letter and the numbers \"A-OI\".15.Section 6.10 of the Decree is amended by substituting \"24:00 h\" for the word \"midnight\".16.Section 7.01 of the Decree is amended: I.by substituting the following for the last sentence of paragraph 1 : \"The members of the family include the spouse, his child or the child of his spouse, his father, mother, brother or sister, his mother-in-law, and father-in-law.He may also be absent for an additional day on such occasion, but without pay.\"; 2.by adding the following sentence at the end of paragraph 2: \"An employee may be absent from work for one day, without pay, by reason of the death or the funeral of a son-in-law, daughter-in-law, one of his grandparents or grandchildren.\"; 3.by substituting the following for paragraphs 4 and 5: \"4.An employee may be absent from work for one day, without reduction of wages, on his wedding day.An employee may also be absent from work, without pay, on the wedding day of one of his children, of his father, mother, brother or sister or of a child of his spouse.The employee must advise his employer of his absence not less than one week in advance.5.An employee may be absent from work for 5 days at the birth of his child or the adoption of a child.The first 2 days of absence shall be remunerated if the employee is credited with 60 days of continuous service.This leave may be divided into days at the request of the employee.It may not be taken more than 30 calendar days after the child arrives at the residence of its father or mother.The employee must advise his employer of his absence as soon as possible.However, an employee who adopts the child of his spouse may be absent from work for only 2 days, without pay.\"; 4.by adding the following after paragraph 5: \"6.An employee may be absent for 5 days per year, without pay, to fulfil obligations relating to the care, health or education of his minor child, incases where his presence is required due to unforeseeable circumstances or circumstances beyond his control.He must have taken all reasonable steps within his power to assume these obligations otherwise and to limit the duration of leave.This leave may be divided into days.A day may also be divided if the employer consents thereto.The employee must advise his employer of his absence as soon as possible.\".17.The Decree is amended by substituting the following for section 7.02: GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 Part 2 \"7.02 I.As of the first month following (insert the enforcement date of this decree), regular A-01 employees accumulate leave for sickness or accident equal to 2 % of their wages for hours worked, including the compensation for holidays, excluding premiums.2.An employee who is absent because of sickness or an accident receives the equivalent in wages of the number of hours scheduled per day of absence inasmuch as the amount credited is equal or superior to the dollar amount to be paid.3.On 31 October of each year, the employer establishes the dollar amount of the leave for sickness or accident credited to each employee and so advises the latter not later than the following 30 November.4.To be entitled to the payment of his leave for sickness or accident, as credited lo him by his employer on 31 October of each year, the employee shall be in the employ of his employer on 31 October.The employee who is still in the employ of his employer on 31 October shall be paid the amount credited to him no later than the following 10 December.When the work contract of an employee is cancelled before 31 October, he is not entitled to the payement for the leave for sickness or accident credited to him.\".18.Section 8.02 of the Decree is amended by inserting the following in the first paragraph after paragraph 2: \"3.a winter coat with a hood, when the type of work makes such clothing necessary; 4.a raincoat and rain hat, when the type of work makes such clothing necessary.When the employee is a woman, the employer must supply the equivalent in feminine wear.The employer shall supply maternity wear for pregnant women\".19.The following is substituted for section 9.01 : \"9.01 The Decree remains in force until 30 September 1996.It is then automatically renewed from year to year thereafter, unless one of the contracting parties opposes it by a written notice sent to the Minister of Employment and to the other contracting parties during the month of July 1996 or the month of July of any subsequent year.\".20.This decree comes into force on the fifteenth day following its date of publication in the Gazette officielle du Québec.8353 Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 18.1994.Vol.126.No.20 1895 Municipal affairs Gouvernement du Québec O.C.578-94, 27 April 1994 Amalgamation of the village de Coteau-Landing and the village de Coteau-Station Whereas each of the municipal councils of the village de Coteau-Landing and the village de Coteau-Station adopted a by-law authorizing the filing of a joint application with the Government requesting that it constitute a local municipality through the amalgamation of the 2 municipalities under the Act respecting municipal territorial organization (R.S.Q., c.0-9); Whereas a copy of the joint application was sent to the Minister of Municipal Affairs; Whereas no objections were sent to the Minister of Municipal Affairs, and he did not consider it advisable to request that the Commission municipale du Québec hold a public hearing or to order that the qualified voters in each of the applicant municipalities be consulted; Whereas under section 108 of the aforementioned Act, it is expedient to grant the joint application; IT is ordered, therefore, upon the recommendation of the Minister of Municipal Affairs: that the application be granted and that a local municipality be constituted through the amalgamation of the village de Coteau-Landing and the village de Coteau-Station, under the following conditions: 1.The name of the new municipality is \"Municipalité des Coteaux\".2.The description of the territory of the new municipality is the description drawn up by the Minister of Energy and Resources on 8 February 1994; that description is attached as a Schedule to this Oder in Council.3.The new municipality is governed by the Municipal Code of Québec (R.S.Q, c.C-27.1).4.The new municipality will be part of the municipalité régionale de comté de Vaudreuil-Soulanges.5.A provisional council will remain in office until the first general election.It will be composed of all the members of the 2 councils existing at the time of the coming into force of this Order in Council.The quorum will be 8 members.The 2 mayors will alternate as mayor of the provisional council for equal periods.A drawing of lots at the first meeting of the provisional council will determine which of the 2 mayors will serve as mayor first.6.The first general election will be held on the first Sunday of the fourth month following the coming into force of this Order in Council.If that date corresponds to the first Sunday in January, the first general election shall be postponed until the first Sunday in February.The second general election will be held on the first Sunday in November 1997.The council of the new municipality will be composed of 7 members, that is, a mayor and 6 councillors.From the first general election, the councillors' seats will be numbered from 1 lo 6.7.For the first general election, only those persons who would be eligible under the Act respecting elections and référendums in municipalities (R.S.Q., c.E-2.2), if such election were an election of the council members of the former village de Coteau-Landing, will be eligible for seats I, 2 and 3 and only those persons who would be eligible under the aforementioned Act, if such election were an election of the council members of the former village de Coteau-Station, will be eligible for seats 4, 5 and 6.For the second general election, the new municipality will be divided into 6 electoral districts in accordance with the Acl respecting elections and référendums in municipalities (R.S.Q., c.E-2.2).The resolutions adopted by the former municipalities under section 45 of the Act respecting the conditions of employment in the public sector and the municipal sector (1993, c.37) will continue to apply to the new municipality as if it had adopted them.8.Mr.Luc Lamoureux, secretary-treasurer of ihe former village de Coteau-Station, will act as the assistant secretary-treasurer until the council elected in the first general election decides otherwise in accordance with the Act.9.Any budgets adopted by the former municipalities for the fiscal year during which this Order in Council comes into force will continue to be applied by the council of the new municipality, and the expenditures and revenues will have to be accounted for separately as 1896 GAZETTE OFFICIELLE DU QUÉBEC.May 18,1994.Vol.126.No.20 Part 2 if those municipalities continued to exist.Notwithstanding the foregoing, an expenditure recognized by the council as resulting from the amalgamation will be charged to the budgets of each of the former municipalities in proportion to their standardized real estate value within the meaning of section 261.1 of the Act respecting municipal taxation (R.S.Q., c.F-2.1), as appearing in the budgets of the former municipalities.10.Any surplus accumulated on behalf of a former municipality at the end of the last fiscal year for which the former municipalities adopted separate budgets will be used for the benefit of the ratepayers of the municipality.11.Any deficit accumulated on behalf of a former municipality at the end of the last fiscal year for which the former municipalities adopted separate budgets will remain charged to all the taxable immovables of that municipality.12.The working capital of the former village de Coteau-Landing shall become the working capital of the new municipality at the end of the last fiscal year for which the former municipalities adopted separate bud-gels.The sums borrowed from those funds will be reimbursed out of the general funds of the new municipality.13.The balance in principal and interest of the borrowings contracted by the former village de Coteau-Landing under its by-laws 316, 317, 321 and 324 contracted by the former village de Coteau-Landing will become chargeable to the taxable immovables of the sector of the new municipality which, at the time of the coming into force of this Order in Council, is served by the waterworks system (water purification plant and water main) of the former village de Coteau-Landing.The taxation clauses provided for in those by-laws are amended accordingly.The new municipality may amend those by-laws in accordance with the Act if it carries out works to extend the system.14.Any debt or gain that may result from legal proceedings for any act performed by a former municipality shall continue to be charged or credited to all the taxable immovables in that municipality.15.A municipal housing bureau is incorporated under the name \"Office municipal d'habitation de la Municipalité des Coteaux\".That bureau shall succeed the municipal housing bureau of the former village dc Coteau-Landing, which is dissolved.The third and fourth paragraphs of section 58 of the Act respecting the Société d'habitation du Québec (R.S.Q., c.S-8) apply to the municipal housing bureau of the new municipalité des Coteaux as if it had been incorporated by letters patent under section 57 of that Act.The members of the bureau are the members of the municipal housing bureau of the former village de Coteau-Landing.16.The new municipality shall have the rights, obligations and responsibilities of the former municipalities.It shall become, without continuance of suit, a party to any proceeding in place of those former municipalities.The by-laws, resolutions, minutes, assessment rolls, evaluation rolls, collection rolls and other acts of the former municipalities shall remain in force in the territory for which they were drawn up, until they are amended, cancelled or revoked, insofar as they are compatible with this Order in Council.17.All the movable and immovable property belonging to each of the former municipalities shall become the property of the new municipality.18.This Order in Council comes into force on the date of its publication in the Gazette officielle du Québec.Benoît Morin, Clerk of the Conseil exécutif OFFICIAL DESCRIPTION OF THE LIMITS OF THE TERRITORY OF THE MUNICIPALITÉ DES COTEAUX, IN THE MUNICIPALITÉ RÉGIONALE DE COMTÉ DE VAUDREUIL-SOULANGES The present territory of the village de Coteau-Landing and of the village de Coteau-Station, in the municipalité régionale de comté de Vaudreuil-Soulanges, comprising, in reference to the cadastres of the village de Coteau-Landing and of the parishes of Saint-Ignace-du-Coteau-du-Lac, Saint-Polycarpe and Saint-Zotique, the lots or parts of lots and their present and future subdivisions, as well as the roads, highways, streets, autoroutes, railway rights of way, islands, wharves or other constructions, watercourses or parts thereof, the whole within the limits described hereafter, namely: starting from the apex of the northeastern angle of lot 303 of the cadastre of the Paroisse de Saint-Ignace-du-Coteau- Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126, No.20 du-Lac; thence, successively, the following lines and demarcations: the northeast line of the said lot 303, that line extended across the public highway it meets to its intersection with the centre line of rivière Delisle; the centre line of the said river downstream to the extension of the northeast line of lot 246; the said extension and the said northeast line, that line extended across the railway right of way and the public highway it meets, to the line dividing the cadastres of the parishes of Saint-Ignace-du-Coteau-du-Lac and Saint-Polycarpe; southeasterly, part of the said line dividing the cadastres and part of the line dividing the cadastres of the parishes of Saint-Ignace-du-Coteau-du-Lac and Saint-Zotique to the southwest side of the railway right of way of the Canadian National Railways; the southwest side of the right of way of the said railway in a southeasterly direction to its intersection with the centre line of canal de Soulanges; the centre line of the said canal in a southwesterly direction to its intersection with the broken line dividing the cadastre of the paroisse de Saint-Ignace-du-Coteau-du-Lac from the cadastres of the village de Coteau-Landing and the paroisse de Saint-Zotique; the said line dividing the cadastres and the extension into lac Saint-François (St.Lawrence River) of the southwest line of lot 531 of the cadastre of the paroisse de Saint-Ignace-du-Coteau-du-Lac to the line running halfway between the northwest line of lot 526 of the cadastre of the paroisse de Saint-Ignace-du-Coteau-du-Lac and the southeast line of lots 531 of the said cadastre and 170 and 171 of the cadastre of the village de Coteau-Landing; southwesterly, the said line running halfway to a point opposite the northwest end of the said lot 526 (île Lalonde); southerly and southeasterly, a line parallel to the west and southwest shore of île Lalonde to a point opposite the southwest end of the said island; southeasterly, a straight line parallel to the southwest line of lot 531 of the cadastre of the paroisse de Saint-Ignace-du-Coteau-du-Lac to the centre line of lac Saint-François (St.Lawrence River); the centre line of the river upstream to the extension of the line dividing lot 10 of the cadastre of the paroisse de Saint-Zotique on the one hand, from lots 154, 155 and 166 of the cadastre of the village de Coteau-Landing and 9 of the cadastre of the paroisse de Saint-Zotique on the other hand; the extension and the said line dividing the lots; a broken line limiting to the southeast, south and southwest lots 167, 169, 171, 172, 174 and 176 to 191 of the cadastre of the paroisse de Saint-Polycarpe, that line extended across the railway right of way and the public highway it meets, to the northwest line of lot 191 of the said cadastre; in reference to the cadastre of the paroisse de Saint-Polycarpe, the northwest line of the said lot and its extension to its intersection with the centre line of rivière Delisle; the centre line of rivière Delisle downstream and its extension lo the extension of (he southwest limit of lot 671; the said extension and the southwest line of lots 671 and 672 to the western angle of lot 672; the northwest line of lots 672, 673, 677 lo 680 and 682 to 684; part of the southwest line of lot 689 and the southeast line of lots 689 and 690 to its intersection with the line dividing the cadastres of the parishes of Saint-Polycarpe and Saint-Ignace-du-Coteau-du-Lac; the said line dividing the cadastres to the northwestern angle of lot 307 of the cadastre of the paroisse de Saint-Ignace-du-Coteau-du-Lac; finally, the northwest line of lots 307 in declining order lo 303 of the said cadastre to the starting point; the said limits define the territory of the municipalité des Coteaux.Ministère des Ressources naturelles Service de l'arpentage Charlesbourg, 8 February 1994 Prepared by: Gilles ClOutier, Land Surveyor 8373 i Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 18.1994.Vol.126, No.20 1899 Index Statutory Instruments Abbreviations: A: Abrogated, N: New, M: Modified Regulations \u2014 Statutes _Page Architects \u2014 Code of ethics.1881 (Professional Code, R.S.Q., c.C-26) Assistance for the development of cooperatives, An Act respecting.\u2014 Program to Promote the Development of Cooperative Undertakings .1868 (R.S.Q.C.A-12.1) Automotive services \u2014 Lanaudière \u2014 Laurentides \u2014 Extension.1857 (An Act respecting collective agreement decrees, R.S.Q., c.D-2) Collective agreement decrees, An Act respecting.\u2014 Automotive services \u2014 Lanaudière \u2014 Laurentides \u2014 Extension .1857 (R.S.Q., c.D-2) Collective agreement decrees, An Act respecting.\u2014 Security Guards.1890 (R.S.Q., c.D-2, s.8) Coming into force of paragraph 1 of section 30 .1855 (An Act to amend the Forest Act and to repeal various legislative provisions, 1993, c.55) Conservation and development of wildlife, An Act respecting the.\u2014 Parks Act \u2014 Parks \u2014 Scale of fees and duties .1858 (R.S.Q., c.C-61.1) Conservation and development of wildlife, An Act respecting the.\u2014 Sale of Game Meat .1882 (R.S.Q.c.C-61.1) Coteau-Landing, Amalgation of the village de Coteau-Station and the village de.1895 Coteau-Station, Amalgation of ihe village de Coteau-Landing and the village de.1895 Financial Administration Act \u2014 Institut de recherche et d'information sur la rémunération \u2014 Certain contracts.1883 (R.S.Q.,c.A-6) Forest Act and to repeal various legislative provisions, An Act to amend the.\u2014 Coming into force of paragraph 1 of section 30 .1855 (1993, c.55) Forest Act \u2014 Forests in the public domain \u2014 Scaling standards for timber harvested .1869 (R.S.Q.C.F-4.1) Forests in the public domain \u2014 Scaling standards for timber harvested.1869 (Forest Act, R.S.Q., c.F-4.1) Income security.1884 (An Act respecting income security, R.S.Q., c.S-3.I.I) Income security, An Act respecting.\u2014 Income security .1884 (R.S.Q., c.S-3.1.1) Comments Draft M M M Draft M Draft Draft M M Draft Draft 1900 GAZETTE OFFICIELLE DU QUÉBEC, May 18,1994, Vol.126.No.20 Pan 2 Institut de recherche et d'information sur la rémunération \u2014 Certain contracts .1883 Draft (Financial Administraction Act, R.S.Q., c.A-6) Ministère des Approvisionnements et Services, An Act respecting the.\u2014 Institut de recherche et d'information sur la rémunération \u2014 Certain contracts.1883 Draft (R.S.Q.C.M-23.01) ParksAct \u2014 Parks \u2014 Scale of fees and duties.1858 M (R.S.Q., c.P-9) Parks \u2014 Scale of fees and duties .1858 M (Parks Act, R.S.Q., c.P-9) Plans exempted from the application of certain provisions of the Act.1871 M (Supplemental Pension Plan Act, R.S.Q., c.R-15.1) Professional Code \u2014 Architects \u2014 Code of ethics.1881 Draft (R.S.Q., c.C-26) Professional Code \u2014 Respiratory therapists \u2014 Cessation of practice., 1888 Draft (R.S.Q.,c.C-26) Program for Export Development .1866 M (An Act respecting the Société de développement industriel du Québec, R.S.Q., c.S-l 1.01) Program to Promote Investment.1862 M (An Act respecting the Société de développement industriel du Québec, R.S.Q., c.S-l 1.01) Program to Promote Investment in Tourism .1867 M (An Act respecting the Société de développement industriel du Québec, R.S.Q., c.S-l 1.01) Program to Promote Technological Development and Design.1863 M (An Act respecting the Société de développement industriel du Québec, R.S.Q., c.S-l 1.01) Program to Promote the Development of Cooperative Undertakings .1868 M (An Act respecting assistance for the development of cooperatives, R.S.Q., c.A-12.1) Program to Promote the Grouping or Strategic Alliance of Businesses.1865 M (An Act respecting the Société de développement industriel du Québec, R.S.Q., c.S-l 1.01) Programs of the Société de développement industriel du Québec .1861 M (An Act respecting the Société de développement industriel du Québec, R.S.Q., c.S-I1.01) Québec Pension Plan, An Act respecting the.\u2014 Benefits .1884 Draft (R.S.Q., c.r-9; 1993, c.15) Respiratory therapists \u2014 Cessation of practice.1888 Draft (Professional Code, R.S.Q., c.C-26) Sale of Game Meat .1882 Draft (An Act respecting the conservation and development of wildlife, R.S.Q., c.C-61.1) Security Guards.1890 Draft (An Act respecting collective agreement decrees, R.S.Q., c.D-2, s.8) Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 18.1994.Vol.126.No.20 SMB Recovery Support Program.1859 M \u2022(An Act respecting the Société de développement industriel du Québec, R.S.Q., c.S-l LOI) Société de développement industriel du Québec, An Act respecting the.\u2014 Program to Promote Investment in Tourism.1867 M (R.S.Q.C.S-l 1.01) Société de développement industriel du Québec, An Act respecting the.\u2014 Program for Export Development.1866 M \u2022(R.S.Q.,c.S-l 1.01) Société de développement industriel du Québec, An Act respecting the.\u2014 Program to Promote the Grouping or Strategic Alliance of Businesses .1865 M (R.S.Q.,c.S-l 1.01) Société de développement industriel du Québec, An Act respecting the.\u2014 Program to Promote Technological Development and Design .1863 M (R.S.Q.C.S-l 1.01) Société de développement industriel du Québec, An Act respecting the.\u2014 Program to Promote Investment .1862 M (R.S.Q.,c.S-l 1.01) Société de développement industriel du Québec, An Act respecting the.\u2014 Programs of the Société de développement industriel du Québec.1861 M (R.S.Q.C.S-l 1.01) Société de développement industriel du Québec, An Act respecting the.\u2014 SMB Recovery Support Program.1859 M \u2022(R.S.Q.C.S-l 1.01) Supplemental Pension Plan Act \u2014 Plans exempted from the application of certain provisions of the Act.1871 M (R.S.Q., c.R-15.1) Supplemental Pension Plans Act \u2014 Supplemental pension plans .1876 M (R.S.Q.C.R-15.1) Supplemental pension plans .1876 M (Supplemental Pension Plans Act, R.S.Q., c.R-15.1) AVIS PAGE BLANCHE NON NUMÉROTÉE MAIS INCLUSE DANS LA PAGINATION II Port de retour garanti Gazette officielle du Québec 1500-D, boul.Charest Ouest, 1e étage Sainte-Foy (Québec) G1N2E5 ISSN 0703-5756 POSTE^MAIL SotlétS canadlanna des pdjIei i Canada Posl Corporation Port payé Paslat7c pa(J Nbre Blk Permis no 6593178-95 Québec Éditeur officiel Québec _IM_ PUBLICATIONS PU QUÉBEC "]
de

Ce document ne peut être affiché par le visualiseur. Vous devez le télécharger pour le voir.

Lien de téléchargement:

Document disponible pour consultation sur les postes informatiques sécurisés dans les édifices de BAnQ. À la Grande Bibliothèque, présentez-vous dans l'espace de la Bibliothèque nationale, au niveau 1.