Canada — Quebec Act or statute

Canada — Quebec legislation

Public Infrastructure Act, 2013

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Jurisdiction: Canada — Quebec
Structure: 179 provisions
Official identity: Year 2013
Dates: Enacted 2013 · Source version 10 Jun 2026

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Dates: Enacted 2013 · Source version 10 Jun 2026

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“1. This Act establishes governance rules for public infrastructure investment planning and public infrastructure management. The Act defines the roles and responsibilities of the bodies it governs and establishes the Société québécoise des”

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Section 1

Section 43

Certain public bodies may transfer property to the Société for a public infrastructure project, and later resume ownership when the agreed period ends.

Section 43

Section 80.3

The Administrative Labour Tribunal decides disputes about whether employees of the Société, or groups of them, are excluded from or included in personnel classes under section 80.1.

Section 80.3

Section 125

This section notes that the amendment has been integrated into c. L-6.1, s. 19, and gives a 2013 citation.

Section 125

Section 169

169. (Omitted). 2013, c. 23, s. 169.

Section 169

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Source record from www.legisquebec.gouv.qc.ca · Enacted 2013 · Source version 10 Jun 2026

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Showing 179 of 179 provisions

Provision 121Amendment 50Repeal 7Offence

§ 1Section 1Provision

Source excerpt

1. This Act establishes governance rules for public infrastructure investment planning and public infrastructure management. The Act defines the roles and responsibilities of the bodies it governs and establishes the Société québécoise des infrastructures, whose main mission will be to manage the public infrastructure projects of public bodies, and to put immovables at their disposal and deliver various related services. 2013, c. 23, s. 1.

Section 1Verify source

§ 2Section 2Provision

Source excerpt

2. The measures introduced by this Act are intended to (1) establish a long-term vision for government infrastructure investments; (2) ensure appropriate planning of public infrastructures by prescribing the rigorous and transparent administration of the amounts allocated to public infrastructures and by promoting best management practices and improved accountability; (3) contribute to the quality and longevity of public infrastructures, in particular by ensuring that investments are properly apportioned between asset maintenance and infrastructure development; (4) contribute to the prioritization of public infrastructure investments and, with the assistance of the Société québécoise des infrastructures, ensure the rigorous management of public infrastructure projects; and (5) ensure optimal management, by the Société québécoise des infrastructures, of rental spaces and immovable assets of public bodies. 2013, c. 23, s. 2.

Section 2Verify source

§ 3Section 3Repeal

Source excerpt

This section defines which entities count as public bodies for the Act.

3. For the purposes of this Act, the following are public bodies: (1) government departments; (2) bodies whose expenditures are provided for, in whole or in part, in the budgetary estimates tabled in the National Assembly otherwise than under a transferred appropriation; (3) bodies whose personnel is appointed in accordance with the Public Service Act (chapter F-3.1.1); (4) bodies a majority of whose members or directors are appointed by the Government or by a minister and at least half of whose expenditures are borne directly or indirectly by the Consolidated Revenue Fund; (5) school service centres, school boards, the Comité de gestion de la taxe scolaire de l’île de Montréal, general and vocational colleges, and university institutions referred to in paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level (chapter E-14.1); (6) institutions referred to in Schedule II to the Act respecting the governance of the health and social services system (chapter G-1.021), the health and social services network insurance manager referred to in section 788 of that Act, public institutions governed by the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2), the Nunavik Regional Board of Health and Social Services established under section 530.25 of that Act, the Cree Board of Health and Social Services of James Bay established under the Act respecting health services and social services for Cree Native persons (chapter S-5) and health communication centres within the meaning of the Act respecting pre-hospital emergency services (chapter S-6.2); (7) (paragraph repealed); (8) any other body designated by the Government. The following are considered to be public bodies: (1) a person appointed or designated by the Government or a minister, together with the personnel directed by the person, in the exercise of the functions assigned to the person by the Act, the Government or a minister; (2) a private institution under agreement governed by the Act respecting the governance of the health and social services system, the Act respecting health services and social services for the Inuit and Naskapi or the Act respecting health services and social services for Cree Native persons; and (3) any other person, partnership or association designated as a health and social service provider by the Minister of Health and Social Services or the Government. 2013, c. 23, s. 3; 2016, c. 8, s. 71; 2017, c. 21, s. 81; 2020, c. 1, s. 309; 2020, c. 2, s. 49; 2023, c. 34, s. 1061.

Section 3Verify source

§ 4Section 4Provision

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The Government may exempt a public body referred to in section 3 from this Act, in whole or in part, on the Conseil du trésor’s recommendation.

4. The Government may, on the recommendation of the Conseil du trésor, exempt a public body referred to in section 3 from the application, in whole or in part, of this Act. Where it concerns the management of a body’s public infrastructure projects, such a decision may concern a single project and set specific conditions applicable to it. 2013, c. 23, s. 4; 2015, c. 17, s. 6.

Section 4Verify source

§ 5Section 5Provision

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The National Assembly is subject to this Act only to the extent determined by an Act.

5. The National Assembly is subject to this Act only to the extent determined by an Act. 2013, c. 23, s. 5.

Section 5Verify source

§ 6Section 6Provision

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Each year, at a time it considers appropriate, the Conseil du trésor must propose to the Government a 10-year public infrastructure plan.

6. Every year, at the time it considers appropriate, the Conseil du trésor proposes to the Government a 10-year plan for public infrastructure investments by government bodies, hereinafter called the “Québec infrastructure plan”. The plan is accompanied by a report on how the amounts allocated in the previous fiscal year were used and a forecast of how allocated amounts will be used in the current fiscal year. For the purposes of this division, the public bodies listed in subparagraphs 1 to 4 of the first paragraph of section 3 and any body designated by the Government are government bodies. 2013, c. 23, s. 6; 2016, c. 8, s. 72.

Section 6Verify source

§ 7Section 7Provision

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7. The plan specifies, within the investment limits set by the Government on the recommendation of the Minister of Finance in accordance with section 4 of the Act respecting the Ministère des Finances (chapter M-24.01) and after consultation with the Chair of the Conseil du trésor, the amounts allocated, as applicable, for the following types of public infrastructure investments: (1) studies on prospective infrastructure projects determined by the Government; (2) asset maintenance related to public infrastructures and other infrastructures determined by the Conseil du trésor; (3) the addition, improvement, replacement and demolition of public and other infrastructures determined by the Conseil du trésor; and (4) provision for future infrastructure investments that have not yet been authorized. The Conseil du trésor can determine the scope of the elements referred to in the first paragraph and the information that must be provided concerning them. Any government body that intends to allocate or that allocates amounts for one or more types of investments described in the first paragraph must, according to the terms and conditions determined by the Conseil du trésor, submit to the Chair of the Conseil du trésor the information required to draw up the plan every year. 2013, c. 23, s. 7; 2019, c. 29, s. 90.

Section 7Verify source

§ 8Section 8Provision

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8. For the purposes of this Act, “public infrastructure investment” means (1) any investment made for the maintenance, improvement, replacement, addition or demolition of an immovable, facility or civil engineering structure that belongs to a public body or that is used to deliver public services of the State; and (2) any similar investment not excluded by the Conseil du trésor regarding an immovable, facility or civil engineering structure not described in paragraph 1 and to which a government body contributes financially, directly or indirectly. 2013, c. 23, s. 8.

Section 8Verify source

§ 9Section 9Provision

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9. The plan is attached to the budgetary estimates tabled in the National Assembly in accordance with section 45 of the Public Administration Act (chapter A-6.01). Attached to the plan is a detailed list of the public infrastructure projects contemplated in subparagraphs 1 to 3 of the first paragraph of section 7 whose individual cost included in the plan is equal to or exceeds the amount determined by the Conseil du trésor. The investment estimates of the plan are examined by the competent committee of the National Assembly during examination of the appropriations. 2013, c. 23, s. 9.

Section 9Verify source

§ 10Section 10Provision

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The Conseil du trésor designates government bodies that must follow planning, inventory, and reporting measures for public infrastructure investments.

10. For the purpose of planning and monitoring public infrastructure investments, the Conseil du trésor designates the government bodies that must comply with one or more of the following measures: (1) draw up an investment management framework; (2) compile and keep up to date a complete inventory of the infrastructures under their responsibility, including an evaluation of their condition, asset maintenance deficit and replacement value; and (3) file a status report on the infrastructure projects they carry out or to which they contribute financially and that are determined by the Chair of the Conseil du trésor among the projects included in the plan. The Conseil du trésor may determine terms and conditions for the measures prescribed in the first paragraph, including their required content and form and, if applicable, the deadlines by which they must be presented to the Chair of the Conseil du trésor and the intervals at which they must be reviewed. For the purposes of this section, any person, partnership or association that receives a financial contribution from a government body for an investment referred to in the plan must, at the request of the body and with the necessary modifications, comply with the requirements set out in subparagraphs 2 and 3 of the first paragraph, taking into account the terms and conditions determined under the second paragraph. 2013, c. 23, s. 10.

Section 10Verify source

§ 11Section 11Provision

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Each minister must draw up and submit an annual management plan for public infrastructure investments to the Chair of the Conseil du trésor by the date set by the Conseil du trésor.

11. An annual management plan for public infrastructure investments must be drawn up and submitted to the Chair of the Conseil du trésor, no later than the date determined by the Conseil du trésor, by each minister for the investments made by the minister’s department and by the public bodies under his or her authority. 2013, c. 23, s. 11.

Section 11Verify source

§ 12Section 12Provision

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An annual management plan for public infrastructure investments must include specified information, and certain recipients of government financial contributions must provide documents and information to the minister on request.

12. An annual management plan for public infrastructure investments must contain the following information: (1) the anticipated impact of public infrastructure investments, in particular on the achievement of each public body’s infrastructure objectives and the implementation of its infrastructure policies as well as on government expenditures, the elimination of the asset maintenance deficit, and infrastructure longevity; (2) a status report on how amounts allocated to public infrastructure investments included in the Québec infrastructure plan have been used; (3) a status report on the elements in the annual investment management plans for the last complete fiscal year and the current fiscal year; and (4) any other element determined by the Conseil du trésor. The Conseil du trésor may establish terms and conditions for the elements determined under the first paragraph, including their required content and form. For the purposes of this section, any person, partnership or association that receives a financial contribution from a government body for an investment referred to in the Québec infrastructure plan must, at the request of the minister responsible for the body, submit to the minister any document and information required to draw up the annual investment management plan. 2013, c. 23, s. 12.

Section 12Verify source

§ 13Section 13Provision

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The Chair of the Conseil du trésor must table the annual investment management plans in the National Assembly and post them on the Secrétariat du Conseil du trésor website no later than one month after the Québec infrastructure plan is tabled under section 9.

13. No later than one month after the Québec infrastructure plan has been tabled in accordance with section 9, the Chair of the Conseil du trésor tables in the National Assembly the annual investment management plans drawn up in accordance with this subdivision and posts them on the website of the Secrétariat du Conseil du trésor. 2013, c. 23, s. 13.

Section 13Verify source

§ 14Section 14Provision

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A public body must follow the measures set by the Conseil du trésor for public infrastructure projects.

14. To ensure rigorous management of public infrastructure projects, a public body must comply with the measures determined by the Conseil du trésor regarding, among other things, needs assessment, required authorizations, documents to be submitted in support of those authorizations, and public infrastructure project closure. The Conseil du trésor may establish terms and conditions for the measures referred to in the first paragraph, including their required content and form and, if applicable, the intervals at which they must be reviewed. 2013, c. 23, s. 14.

Section 14Verify source

§ 15Section 15Provision

Source excerpt

This section defines “public infrastructure project” for the Act.

15. For the purposes of this Act, “public infrastructure project” means any project whose purpose is to maintain, improve, replace, add or demolish an immovable or a civil engineering structure belonging to a public body or used to deliver public services of the State. “Public infrastructure project” also includes any similar project regarding a facility or regarding an immovable or civil engineering structure not described in the first paragraph, for which a public body contributes financially, directly or indirectly, and to which the Conseil du trésor makes applicable the measures made under section 14 by means of a decision concerning that particular project or a category of projects to which it belongs. 2013, c. 23, s. 15; 2024, c. 28, s. 19.

Section 15Verify source

§ 16Section 16Provision

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A major public infrastructure project cannot be added to the Québec infrastructure plan without prior authorization; the authority depends on whether it is an initial or later inclusion.

16. The initial inclusion of a public infrastructure project considered major in the Québec infrastructure plan must be preceded by an authorization from the Government issued within the framework of the implementation of the measures established by the Conseil du trésor for public infrastructure project management. Any subsequent inclusion of the project in the plan must be preceded by an authorization from the Government or the Conseil du trésor issued within the framework of the implementation of those measures. A public infrastructure project is considered major if it meets the criteria determined by the Conseil du trésor or if the Conseil du trésor expressly qualifies it as such. Decisions made by the Conseil du trésor under the second paragraph are published in the Gazette officielle du Québec. 2013, c. 23, s. 16; 2024, c. 28, s. 20.

Section 16Verify source

§ 17Section 17Provision

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17. The deputy minister or the chief executive officer of a public body must, at the request of the Conseil du trésor, designate a person from among the members of its personnel to be responsible for coordinating the work of a team that the public body must set up to ensure centralized governance of the management of the public infrastructure project portfolio. Within the scope of its work, the team referred to in the first paragraph advises the deputy minister or the chief executive officer on the following aspects of public infrastructure projects: (1) identifying, selecting and prioritizing projects; (2) coordinating and monitoring projects; and (3) any other aspect determined by the Conseil du trésor. 2013, c. 23, s. 17.

Section 17Verify source

§ 18Section 18Provision

Source excerpt

The Conseil du trésor may prepare a directive on investment planning and public infrastructure management, but the Government must approve it.

18. The Conseil du trésor may, in exercising the powers conferred on it by this chapter, prepare a directive with respect to investment planning and public infrastructure management within public bodies or a class of public bodies. Without limiting the generality of the foregoing, the directive may (1) specify policies regarding prioritization criteria for a body’s public infrastructure projects; (2) establish rules to ensure centralized governance of public infrastructure project portfolio management; (3) determine, in particular on the basis of a project’s costs, the authorizations required and the content of the documents required at the various management stages of the project, or allow the Société québécoise des infrastructures to determine the content of those documents; (4) establish rules for compiling and updating the inventory of public infrastructures under a public body’s responsibility; (5) establish procedural policies for assessing the condition of a public infrastructure, its replacement value and the asset maintenance deficit; and (6) harmonize the concepts and establish the parameters and standards applicable to asset maintenance and to the improvement, replacement, addition and demolition of public infrastructures. A directive prepared under this section must be approved by the Government, which may do so with or without modification. It becomes applicable on the date specified in the directive and, once approved, is binding on the public bodies concerned. 2013, c. 23, s. 18; 2024, c. 28, s. 21.

Section 18Verify source

§ 19Section 19Provision

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The Chair of the Conseil du trésor may, if it considers it advisable, audit a public body’s infrastructure planning and management, and may also audit the body’s use of allocated sums.

19. The Chair of the Conseil du trésor may, if the Chair considers it advisable, conduct an audit to determine if a public body’s public infrastructure investment planning and public infrastructure management are consistent with the rules prescribed under this Act. The audit may verify, among other things, whether the public body’s actions comply with this Act and with the directives issued under it to which the body is subject. The Chair of the Conseil du trésor may also, if the Chair considers it advisable, conduct an audit to verify a public body’s use of sums that have been allocated to it for the purposes of public infrastructure investments. The Chair of the Conseil du trésor may designate a person in writing to conduct an audit under this section. 2013, c. 23, s. 19; 2024, c. 28, s. 22.

Section 19Verify source

§ 20Section 20Provision

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On request, an audited public body must provide the Chair of the Conseil du trésor or the designated auditor with all documents and information needed for the audit.

20. At the request of the Chair of the Conseil du trésor or the person designated to conduct the audit, a public body being audited under this subdivision must send or otherwise make available to the Chair or, as applicable, the designated person all documents and information the Chair or the designated person considers necessary to conduct the audit. 2013, c. 23, s. 20.

Section 20Verify source

§ 21Section 21Provision

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The Chair of the Conseil du trésor may make recommendations to the Conseil du trésor, and the Conseil du trésor may require the public body to take corrective and follow-up measures and to comply with other measures it determines.

21. The Chair of the Conseil du trésor makes any recommendations the Chair considers appropriate to the Conseil du trésor. The latter may then require the public body to take corrective and appropriate follow-up measures and to comply with any other measure determined by the Conseil du trésor, including oversight or monitoring measures. 2013, c. 23, s. 21.

Section 21Verify source

§ 21.1Section 21.1Provision

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If public infrastructure investments concern information resources, information resource planning and project management rules from the referenced Act apply instead of this chapter, except for the Québec infrastructure plan.

21.1. When public infrastructure investments concern information resources, the provisions of the Act respecting the governance and management of the information resources of public bodies and government enterprises (chapter G-1.03) regarding information resource planning and information resource project management apply in place of the provisions of this chapter, except as regards the Québec infrastructure plan. 2017, c. 28, s. 20.

Section 21.1Verify source

§ 22Section 22Provision

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Infrastructure Québec and the Société immobilière du Québec are merged on 13 November 2013.

22. Infrastructure Québec and the Société immobilière du Québec are merged as of 13 November 2013. As of that date, those legal persons are continued as a joint-stock company under the name “Société québécoise des infrastructures”, hereinafter called the “Société”, and their patrimonies are joined to form that of the Société thus established. 2013, c. 23, s. 22.

Section 22Verify source

§ 23Section 23Provision

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23. The Société is a mandatary of the State. Its property forms part of the domain of the State but the performance of its obligations may be levied against its property. The Société binds none but itself when it acts in its own

Section 23Verify source

§ 24Section 24Provision

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24. The head office of the Société is located in the territory of Ville de Québec, at the place determined by the Société. Notice of the location or of any change in location of the head office is published in the Gazette officielle du

Section 24Verify source

§ 25Section 25Provision

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25. The mission of the Société is to support public bodies in managing their public infrastructure projects and to develop, maintain and manage immovable assets that meet their needs, mainly by putting immovables at their disposal and

Section 25Verify source

§ 26Section 26Provision

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The Société must support public bodies by providing project management services, advice, document preparation, monitoring, close-out assessment, and other activities determined by the Conseil du trésor.

26. In order to support public bodies in the management of their public infrastructure projects, the Société (1) develops and provides expert project management services to public bodies; (2) provides strategic, financial, contractual and other advice and services; (3) participates in drawing up documents public bodies must file in support of applications for the authorizations determined by the Conseil du trésor; (4) participates in project monitoring as regards the actions specified in the documents filed and particularly with respect to scheduling, budget controls and project content; (5) cooperates in the close-out phase of each project to assess whether the actions specified in the documents filed were carried out during the project; and (6) exercises any other activity determined by the Conseil du trésor. 2013, c. 23, s. 26.

Section 26Verify source

§ 27Section 27Provision

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The Société may, subject to section 28, act to develop, maintain, and manage the immovable assets of public bodies.

27. For the purpose of developing, maintaining and managing the immovable assets of public bodies, the Société may, subject to section 28, (1) acquire by agreement or by expropriation any immovable, part of an immovable or real right; (2) build, lease, maintain and hold any immovable; (3) sell, alienate or give as security any movable or immovable property and any rights in such property; and (4) equip and furnish immovables and, for that purpose, acquire, lease, maintain and hold any movable property. 2013, c. 23, s. 27; 2024, c. 28, s. 23.

Section 27Verify source

§ 28Section 28Provision

Source excerpt

The Société’s objects, for health and social service providers, include owning property, providing financial support, transferring certain vacant or unused assets to the Minister on request, and carrying out other assigned mandates.

28. In respect of health and social service providers, the objects of the Société are to (1) own movable and immovable property used or to be used by health and social service providers; (2) provide financial support to health and social service providers for carrying out projects, activities or particular operations falling within the scope of their mission; (3) at the request of the Minister of Health and Social Services, transfer the ownership of any vacant immovable or other unused asset owned by the Société under subparagraph 1, subject to the conditions agreed between that Minister and the Société; and (4) carry out any other mandate the Minister of Health and Social Services entrusts to it. For those purposes, it may, among other things, exercise its powers under paragraphs 1 to 3 of section 27, except the power to maintain an immovable occupied by Santé Québec or by a public institution or a private institution under agreement within the meaning of the the Act respecting the governance of the health and social services system (chapter G-1.021), the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5). Section 104 of the Act respecting the governance of the health and social services system applies, with the necessary modifications, to the immovable property operations the Société carries out under this section with respect to Santé Québec or to an institution referred to in Schedule II to that Act. Sections 488 and 491 of that Act apply in the same manner to such operations that the Société carries out under this section with respect to a private institution under agreement governed by the same Act. Section 260, paragraph 3 of section 263 and sections 263.1 and 264 of the Act respecting health services and social services for the Inuit and Naskapi apply, with the necessary modifications, to the immovable property operations the Société carries out under this section with respect to a health and social service provider governed by that Act or the Act respecting health services and social services for Cree Native persons. For the purposes of this Act, Santé Québec, institutions referred to in Schedule II to the Act respecting the governance of the health and social services system, and public health and social services institutions, the Nunavik Regional Board of Health and Social Services and regional councils governed by the Act respecting health services and social services for the Inuit and Naskapi or the Act respecting health services and social services for Cree Native persons and any other person or entity referred to in subparagraphs 2 and 3 of the second paragraph of section 3 are health and social service providers. 2013, c. 23, s. 28; 2017, c. 21, s. 82; 2023, c. 34, s. 1062.

Section 28Verify source

§ 29Section 29Repeal

Source excerpt

The Société must perform the listed mission functions, including advising the Government, providing services to public bodies for certain immovable property transactions, developing property management expertise, operating a documentation centre, collecting and analyzing information, and carrying out other functions assigned by the Government.

29. As part of its mission, the Société also (1) advises the Government on any matter related to public infrastructure projects; (2) (subparagraph repealed); (3) delivers the services required by public bodies to acquire or dispose of an immovable described in section 41; (4) develops property management expertise within the framework of partnerships with the private sector; (5) operates a documentation centre accessible to all interested persons on matters related to the management of public infrastructure projects; for that purpose, the Société collects and analyzes information on similar experiences in Canada and abroad; and (6) exercises any other function assigned to it by the Government. 2013, c. 23, s. 29; 2024, c. 28, s. 24.

Section 29Verify source

§ 30Section 30Provision

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30. Any public body determined by the Government must deal exclusively with the Société to satisfy its requirements in terms of rental space and the construction, maintenance, operation and management of immovables. However, the Government may, with respect to a body or one of its administrative entities, exclude certain related activities and certain services from that obligation. 2013, c. 23, s. 30.

Section 30Verify source

§ 31Section 31Provision

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The Société generally manages major public infrastructure projects, but transport infrastructure projects are managed by the Minister of Transport. The Conseil du trésor may let a public body keep control of its project or exempt the Minister from the duty to work with the Société in some cases.

31. The Société manages and exercises control over any public infrastructure project considered major under section 16 of a public body other than a health and social service provider. However, in the case of a transport infrastructure, the Minister of Transport manages and exercises control over the project, whether it is the Minister’s project or the project of another public body. In that capacity, the Société or the Minister, as applicable, may carry out any call for tenders or enter into any contract arising from such a project. Despite the first paragraph, the Conseil du trésor may authorize a public body to retain responsibility for and control over its project. In such a case, the public body must work with the Société or the Minister of Transport, as applicable, to comply with Divisions II and III of Chapter II and the resulting measures. When the Minister of Transport manages and exercises control over a transport infrastructure project that mainly concerns a building, the Minister must work with the Société to comply with Divisions II and III of Chapter II and the resulting measures, unless exempted from this obligation by the Conseil du trésor. The same applies, despite the provisions of the second paragraph, to a public body that is authorized to retain responsibility for or the management of such a project. A public body that is required to work with the Société or the Minister of Transport under this section may also work with the Société or the Minister to monitor and manage contracts arising from the public infrastructure project and for any other operation related to the project on which the public body and the Société or the Minister have agreed. For the purposes of this Act, a transport infrastructure is a civil engineering structure or an immovable used for transportation by land, air or water. 2013, c. 23, s. 31; 2024, c. 40, s. 1.

Section 31Verify source

§ 31.1Section 31.1Provision

Source excerpt

If a transport infrastructure project is entrusted to Mobilité Infra Québec, it manages and exercises control over the project. If the Government determines it and sets conditions, and the project mainly concerns a building, Mobilité Infra Québec must work with the Société to comply with specified divisions and resulting measures.

31.1. Despite section 31, when the planning or carrying out of a transport infrastructure project is entrusted to Mobilité Infra Québec under the Act respecting Mobilité Infra Québec (chapter M-36.1), Mobilité Infra Québec manages and exercises control over the infrastructure project. When the Government so determines and on the conditions it determines, Mobilité Infra Québec must work with the Société to comply with Divisions II and III of Chapter II and the resulting measures when the project mainly concerns a building. 2024, c. 40, s. 1.

Section 31.1Verify source

§ 32Section 32Provision

Source excerpt

Some public bodies may work with the Société on a planned public infrastructure project, if the project is not major and the body is not otherwise required to deal with the Société under section 30.

32. A public body, other than a health and social service provider, that is not required to deal with the Société under section 30 for a public infrastructure project it is planning may, if the project is not considered major under section 16, work with the Société to carry out any operation related to the project. 2013, c. 23, s. 32.

Section 32Verify source

§ 33Section 33Provision

Source excerpt

For certain public infrastructure projects, the request to work with the Société must come from the minister responsible for the public body, and that minister must also be involved in carrying out the project.

33. If a public body planning a public infrastructure project is a body referred to in subparagraph 5 of the first paragraph of section 3 or a body under the responsibility of the Minister of Transport, a request under the second paragraph of section 31 or under section 32 to work with the Société must originate from the minister responsible for the public body. In all cases, the latter minister must also be involved in carrying out the project. 2013, c. 23, s. 33.

Section 33Verify source

§ 34Section 34Provision

Source excerpt

A public body working with the Société under section 31 or 32 must stay responsible for the project and keep control of it, unless an agreement with the Société or a Conseil du trésor decision transfers that responsibility and control to the Société.

34. A public body that works with the Société under section 31 or 32 remains responsible for the project and retains control over it, subject to an agreement in that regard with the Société or a decision of the Conseil du trésor that expressly entrusts such responsibility and control to the Société. 2013, c. 23, s. 34.

Section 34Verify source

§ 34.1Section 34.1Provision

Source excerpt

The Société and the relevant minister must enter into a management agreement covering certain activities and bodies.

34.1. The Société and the Minister of Education, Recreation and Sports or the Minister of Higher Education, Research, Science and Technology, as the case may be, must enter into a management agreement applicable to the activities that the Société carries out under sections 31 and 32 in respect of the bodies referred to in subparagraph 5 of the first paragraph of section 3. Such an agreement must, among other things, specify the responsibilities of those bodies. 2024, c. 28, s. 25.

Section 34.1Verify source

§ 35Section 35Provision

Source excerpt

A qualifying municipal body planning a public infrastructure project may work with the Société on the operations referred to in sections 31 and 32.

35. A municipal body referred to in the first paragraph of section 5 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) that is planning any public infrastructure project may work with the Société to carry out the operations referred to in sections 31 and 32. In such a case, the municipal body remains responsible for the project and retains control over it, subject to an agreement to that effect with the Société. 2013, c. 23, s. 35.

Section 35Verify source

§ 36Section 36Provision

Source excerpt

The Société manages and controls certain public infrastructure projects, and the Conseil du trésor may let a health and social service provider keep control in some cases.

36. The Société manages and exercises control over any public infrastructure project concerning Santé Québec, a public institution or a private institution under agreement, where the project requires the authorization of the Government, the Conseil du trésor or the Minister of Health and Social Services and is referred to in any of the following provisions: (1) section 104 or subparagraph 2 of the first paragraph of section 488 of the Act respecting the governance of the health and social services system (chapter G-1.021); (2) subparagraph 2 of the first paragraph of section 260 of the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2); or (3) subparagraph 1 of the first paragraph of section 72 of the Act respecting health services and social services for Cree Native persons (chapter S-5). The Société exercises the responsibilities provided for in the first paragraph with respect to any public infrastructure project concerning the Nunavik Regional Board of Health and Social Services that requires approval from that Minister. The Conseil du trésor may, however, on the recommendation of the Minister of Health and Social Services and if circumstances warrant it, authorize the health and social service provider to remain responsible for and retain control over a project. In such a case, the service provider so authorized must work with the Société to comply with the measures determined by the Conseil du trésor under Chapter II. 2013, c. 23, s. 36; 2017, c. 21, s. 83; 2023, c. 34, s. 1063.

Section 36Verify source

§ 37Section 37Provision

Source excerpt

The Société and the Minister of Health and Social Services must enter into a management agreement for the Société’s activities under this subdivision.

37. The Société and the Minister of Health and Social Services must enter into a management agreement applicable to the activities that the Société carries out under this subdivision in respect of health and social service providers. Such an agreement must, among other things, specify the responsibilities of those providers. 2013, c. 23, s. 37; 2024, c. 28, s. 26.

Section 37Verify source

§ 38Section 38Provision

Source excerpt

When the Société works with health and social service providers, it must follow the section 37 management agreement and the Minister’s orientations.

38. When the Société exercises its activities in respect of health and social service providers, the Société must comply with the management agreement provided for in section 37 and with the orientations determined by the Minister of Health and Social Services under section 22 of the Act respecting the governance of the health and social services system (chapter G-1.021) or section 431 of the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2). 2013, c. 23, s. 38; 2023, c. 34, s. 1064.

Section 38Verify source

§ 39Section 39Provision

Source excerpt

39. The rent of an immovable belonging to the Société and of which the lessee is a health and social service provider is based on the actual costs the Société assumes for the immovable. As of the total repayment of the debt service, the rent of an immovable corresponds to the amount required to repay the actual costs assumed from then on by the Société in respect of the immovable. The composition of the actual costs referred to in the first paragraph is determined in the management agreement entered into under section 37. 2013, c. 23, s. 39.

Section 39Verify source

§ 40Section 40Provision

Source excerpt

40. If Santé Québec, an institution referred to in Schedule II to the Act respecting the governance of the health and social services system (chapter G-1.021) or a public health and social services institution governed by the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5) must provide for the financing of major expenditures resulting from a public infrastructure project, the Government may, on the recommendation of the Minister of Health and Social Services, if it considers that the circumstances so warrant and on the terms and conditions it determines, authorize Santé Québec or the institution, despite any provision to the contrary, (1) to transfer ownership of any property it owns to the Société in order to enable the Société to carry out any planned project, and to receive, as consideration, any amount necessary to pay any debt relating to the transferred property; (2) to lease any property transferred to the Société in return for a rent that ensures repayment of the principal of and interest on any amount transferred to Santé Québec or to the institution by the Société or paid by the Société to carry out a project; and (3) to resume, if necessary, ownership of the property on expiry of a lease entered into under subparagraph 2. No transfer duties provided for in the Act respecting duties on transfers of immovables (chapter D-15.1) are payable in the case of a transfer or resumption of ownership of property under this section. 2013, c. 23, s. 40; 2023, c. 34, s. 1065.

Section 40Verify source

§ 41Section 41Provision

Source excerpt

A public body must use the Société’s services to buy or sell certain immovables, and in some cases the immovable’s use must match a Government-determined use.

41. Despite any provision to the contrary, a public body must exclusively use the services of the Société to acquire or dispose of an immovable that is neither a transport infrastructure nor related to such an infrastructure or to a project involving such an infrastructure. In addition, if the public body is a body referred to in any of subparagraphs 1 to 4 of the first paragraph of section 3, the potential use of the immovable to be acquired or the current use of the immovable to be disposed of must correspond to a use determined by the Government, on the recommendation of the Conseil du trésor after consultation with the Minister of Transport, for which the Société’s services are required. 2013, c. 23, s. 41.

Section 41Verify source

§ 42Section 42Provision

Source excerpt

The Société may provide rental space and related services under this section, but offers and deliveries must be covered by an agreement and the section cannot reduce the Société’s other required services.

42. The Société may satisfy the requirements in terms of rental space of any public body that is not required to deal with the Société under section 30, the National Assembly and any person appointed or designated by the National Assembly to exercise a function under its authority. For those purposes, the Société has the powers provided for in section 27, except the power to expropriate. The Société may put at the disposal of any entity or person not referred to in the first paragraph spaces it considers surplus. It may also, in the cases and on the conditions determined by the Conseil du trésor and in order to meet the needs of such an entity or person, change the purpose of those spaces by carrying out the required construction work, or equip and furnish those spaces and, for that purpose, acquire, lease, maintain and hold any movable property. In addition, the Société may provide any entity or person referred to in the first paragraph and, in the cases and on the conditions determined by the Conseil du trésor, any other entity or person with any service related to its mission and activities, including immovable construction, maintenance, operation and management services. Any offer of spaces or delivery of services made under this section must be the subject of an agreement between the Société and the entity or person concerned. The application of this section may not reduce or otherwise restrict the offer of spaces or the delivery of services the Société must provide within the scope of its responsibilities under this Act, which offer and delivery must always be given priority. 2013, c. 23, s. 42; 2024, c. 28, s. 27.

Section 42Verify source

§ 43Section 43Provision

Source excerpt

Certain public bodies may transfer property to the Société for a public infrastructure project, and later resume ownership when the agreed period ends.

43. A public body referred to in the first paragraph of section 3, other than Santé Québec or a health and social services institution referred to in the first paragraph of section 40, that is planning to carry out a public infrastructure project may, according to the terms and conditions agreed upon with the Société, transfer to the Société the ownership of any property belonging to it in order to enable the Société to carry out the project, and resume ownership on the expiry of the period agreed on at the time of the transfer. No transfer duties provided for in the Act respecting duties on transfers of immovables (chapter D-15.1) are payable in the case of a transfer or resumption of ownership of property under this section. 2013, c. 23, s. 43; 2023, c. 34, s. 1066.

Section 43Verify source

§ 43.1Section 43.1Provision

Source excerpt

The Société may acquire certain immovables for a public body’s public infrastructure project, but only if the stated project-related conditions are met.

43.1. The Société may, on behalf of a public body, acquire by agreement or expropriation any immovable necessary to carry out a public infrastructure project of such a body if the Société manages and exercises control over the project or if it provides the body with construction services for the carrying out of the project. The public body requesting that the Société acquire a property for the carrying out of a project must identify the property in accordance with the terms determined by the Société. This section does not relieve the public body on whose behalf the Société acts from the obligation to obtain, if applicable, the authorizations required under the provisions that empower the public body to acquire an immovable. 2024, c. 28, s. 28.

Section 43.1Verify source

§ 43.2Section 43.2Provision

Source excerpt

The Société may establish a land reserve for future public infrastructure projects if it follows the conditions set by the Government.

43.2. The Société may, on the conditions determined by the Government, establish a land reserve for the carrying out of future public infrastructure projects. When the Société transfers to a public body the ownership of an immovable acquired for the purpose of establishing such a reserve, the transfer is made in exchange for consideration equal to the costs assumed for the acquisition, maintenance and detention of the immovable. No transfer duties provided for by the Act respecting duties on transfers of immovables (chapter D-15.1) are payable in respect of the transfer. 2024, c. 28, s. 28.

Section 43.2Verify source

§ 43.3Section 43.3Provision

Source excerpt

The Société may set the conditions for offering spaces and delivering services to public bodies.

43.3. The Société may determine the conditions applicable to its offer of spaces and its delivery of services to public bodies. Those conditions may include the obligations of the bodies that use the spaces or services. 2024, c. 28, s. 28.

Section 43.3Verify source

§ 44Section 44Provision

Source excerpt

44. To ensure optimal management of public infrastructures, the Government may, on the recommendation of the Chair of the Conseil du trésor, transfer ownership of an immovable, including any liabilities affecting the immovable, from one public body to another, subject to the terms and conditions it determines. Such a transfer has effect from the date the order is published in the Gazette officielle du Québec. No transfer duties provided for in the Act respecting duties on transfers of immovables (chapter D-15.1) are payable by a public body for a transfer of property under this section. Within 90 days after an order of transfer is published, the public body that has become the owner of the immovable must file with the Land Registrar a statement that announces the transfer, refers to this section and the order, and includes the description of the immovable and the date of publication of the order in the Gazette officielle du Québec. If the ownership of an immovable is transferred under this section, the public bodies concerned need not obtain the authorizations required by law, if applicable, to acquire or alienate the immovable. 2013, c. 23, s. 44; 2020, c. 17, s. 112; 2024, c. 28, s. 29; 2023, c. 34, s. 1067; I.N. 2025-12-11.

Section 44Verify source

§ 45Section 45Provision

Source excerpt

The Conseil du trésor may set up monitoring controls for public infrastructure projects and may assign their implementation to the Société or a public body.

45. The Conseil du trésor may establish control and monitoring mechanisms for managing public infrastructure projects of public bodies, particularly in order to ensure that the operations referred to in sections 31 and 32 are carried out in a rigorous manner. The Conseil du trésor may entrust the Société or the public body with the implementation of those mechanisms and require that it report back on that implementation. When the Société is given such a mandate by the Conseil du trésor, it may require any relevant documents and information from the public body. 2013, c. 23, s. 45.

Section 45Verify source

§ 46Section 46Provision

Source excerpt

The Conseil du trésor may give the Société a mandate for managing a public infrastructure project in the Québec infrastructure plan, and the Société may ask the project entity for relevant documents and information while carrying out that mandate.

46. The Conseil du trésor may entrust the Société with any mandate related to the management of a public infrastructure project included in the Québec infrastructure plan. In carrying out the mandate, the Société may require any relevant documents and information from the entity that carries out the project. 2013, c. 23, s. 46; 2024, c. 28, s. 30.

Section 46Verify source

§ 46.1Section 46.1Provision

Source excerpt

The Government may, on the Conseil du trésor’s recommendation, entrust the Société with a mandate about repurposing surplus spaces in its immovable assets, including developing and possibly carrying out a real estate project.

46.1. The Government may, on the recommendation of the Conseil du trésor, entrust the Société with any mandate related to the repurposing of surplus spaces included among its immovable assets, including the mandate to develop a real estate project and, if applicable, the mandate to carry it out. The Société has the powers provided for in section 27 for the purpose of performing any mandate aimed at carrying out a real estate project, except the power to expropriate. 2024, c. 28, s. 31.

Section 46.1Verify source

§ 47Section 47Provision

Source excerpt

The Société must advise the Chair of the Conseil du trésor on questions the Chair submits to it.

47. The Société advises the Chair of the Conseil du trésor on any question the Chair submits to it. 2013, c. 23, s. 47.

Section 47Verify source

§ 48Section 48Provision

Source excerpt

The Société may enter into agreements, and may participate in joint projects, with specified governments, organizations, bodies, persons, and partnerships, subject to applicable legislative provisions.

48. Subject to the applicable legislative provisions, the Société may enter into an agreement with a government other than the Gouvernement du Québec, with a department of such a government, with an international organization or with a body of such a government or organization. Likewise, the Société may enter into an agreement with a department or a body of the Gouvernement du Québec, as well as any person, partnership or body, and participate in joint projects with them. 2013, c. 23, s. 48.

Section 48Verify source

§ 49Section 49Provision

Source excerpt

The Société may acquire or establish a subsidiary only with Government authorization.

49. With the authorization of the Government, the Société may acquire or establish any subsidiary that may be useful in the pursuit of its mission. A legal person, a partnership or a limited partnership is a subsidiary of the Société if the Société holds more than 50% of the voting rights attached to all the issued and outstanding shares of the legal person or more than 50% of the interests in the partnership, if the Société is a general partner of the limited partnership, or if the Société may elect a majority of the directors of the legal person or partnership. 2013, c. 23, s. 49.

Section 49Verify source

§ 50Section 50Provision

Source excerpt

Certain subsidiaries of the Société are treated as mandataries of the State, and specified provisions and the access-to-documents and personal-information Act apply to them.

50. Section 23 and the second paragraph of section 78 apply, with the necessary modifications, to subsidiaries all of whose shares are held, directly or indirectly, by the Société. Such subsidiaries are considered mandataries of the State. The Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) applies to all subsidiaries of the Société. 2013, c. 23, s. 50.

Section 50Verify source

§ 51Section 51Provision

Source excerpt

The Société may not do certain financial and property transactions without the Government’s authorization.

51. The Société may not, without the Government’s authorization, (1) contract a loan that causes the total of its current outstanding loans to exceed the amount determined by the Government; (2) make a financial commitment in excess of the limits or contrary to the conditions determined by the Government; (3) enter into a contract for a term and an amount exceeding those determined by the Government; (4) acquire, hold or dispose of shares in a legal person or an interest in a partnership in excess of the limits or contrary to the conditions determined by the Government; (5) acquire, lease or dispose of other assets in excess of the limits or contrary to the conditions determined by the Government; (6) accept a gift or legacy to which a charge or condition is attached; or (7) expropriate property of any kind. The Government may determine that one of the subparagraphs of the first paragraph applies to all the Société’s subsidiaries or to only one of them. However, the first paragraph does not apply to the transactions between the Société and its subsidiaries or between the subsidiaries. 2013, c. 23, s. 51; 2024, c. 28, s. 32.

Section 51Verify source

§ 52Section 52Provision

Source excerpt

The Conseil du trésor may issue directives to the Société, and those directives are binding. The directives must be tabled in the National Assembly within 15 days of adoption, or within 15 days after the Assembly resumes if it was not sitting.

52. The Conseil du trésor may issue directives to the Société on the policies and general objectives to be pursued by the Société. It may do likewise for any aspect of any project for the construction or lease of an immovable when it considers it warranted by the nature of the project or the development of the area concerned. Directives issued under this section are binding on the Société. Such directives must be tabled in the National Assembly within 15 days of their adoption or, if the Assembly is not sitting, within 15 days of resumption. 2013, c. 23, s. 52.

Section 52Verify source

§ 53Section 53Provision

Source excerpt

53. The Government may, subject to the conditions it determines, transfer the ownership of any property forming part of the domain of the State to the Société. The Société assumes the obligations and acquires the rights of the Government regarding the property. No transfer duties provided for in the Act respecting duties on transfers of immovables (chapter D-15.1) are payable for a transfer of property under this section. 2013, c. 23, s. 53.

Section 53Verify source

§ 54Section 54Provision

Source excerpt

54. The Government determines the value of the property transferred under section 53, except the sums receivable and the sums payable, which are transferred at their book value on the date of transfer. The net value of the sums receivable and payable referred to in the first paragraph is covered by an acknowledgement of debt between the Société and the Minister of Finance. The amount of the acknowledgement of debt is payable within 180 days of the date of transfer. The other conditions are determined by the Government. 2013, c. 23, s. 54; 2019, c. 29, s. 90.

Section 54Verify source

§ 55Section 55Provision

Source excerpt

The Société must sign a promissory note in favour of the Minister of Finance for the value of the transferred property, excluding receivables and payables.

55. The Société signs, in favour of the Minister of Finance, a promissory note in the amount of the value of the property transferred, excluding the value of sums receivable and payable. The amount of the note decreases the net debt of the Government, as defined in the public accounts prepared under the Financial Administration Act (chapter A-6.001). The note is payable on demand to the Minister of Finance, including by the delivery of shares of the Société or by deduction from any sum the Government may owe the Société, and includes any other conditions determined by the Government. 2013, c. 23, s. 55; 2019, c. 29, s. 90.

Section 55Verify source

§ 56Section 56Provision

Source excerpt

The Société may file a statement with the Land Registrar for an immovable it became the owner of under section 53.

56. The Société may file with the Land Registrar a statement including the description, in accordance with Chapter I of Title Four of Book Nine of the Civil Code, of any immovable of which the Société has become the owner under section 53. 2013, c. 23, s. 56; 2020, c. 17, s. 112.

Section 56Verify source

§ 57Section 57Repeal

Source excerpt

The Société must pay certain sums in place of specified municipal taxes and related charges for immovables it owns.

57. The Société assumes payment of the sums the Government is required to pay annually to municipalities, under sections 254 and 257 of the Act respecting municipal taxation (chapter F-2.1), to stand in lieu of (1) municipal real estate taxes in respect of an immovable owned by the Société; and (2) (subparagraph repealed); (3) taxes other than real estate taxes, compensations and tariffs imposed by a municipality on the Société as the owner of an immovable. The sums are paid by the Société in the manner prescribed by the regulation made under subparagraph 2 of the first paragraph of section 262 of the Act respecting municipal taxation. 2013, c. 23, s. 57; 2016, c. 7, s. 183; 2025, c. 32, s. 189.

Section 57Verify source

§ 58Section 58Provision

Source excerpt

The Société must pay school service centres and school boards an amount in lieu of school taxes for immovables it owns, except in specified public-body use cases.

58. The Société pays to every school service centre and school board an amount of money to stand in lieu of school taxes in respect of an immovable owned by the Société, unless the immovable is used or intended to be used by a public body that is a person mentioned in subparagraph a of paragraph 14 of section 204 of the Act respecting municipal taxation (chapter F-2.1) or if the immovable is intended to be used by another public body referred to in that section provided the immovable was transferred to the Société by that other public body under section 43 of this Act. The amount paid is equal to the aggregate of the school taxes that would be exigible if the immovable were not exempt from school taxes. 2013, c. 23, s. 58; 2020, c. 1, s. 311.

Section 58Verify source

§ 59Section 59Provision

Source excerpt

Several listed sections of the Companies Act do not apply to the Société.

59. Sections 142, 159 to 162, 179 and 184, paragraph b of subsection 2 of section 185, and sections 188 and 189 to 196 of the Companies Act (chapter C-38) do not apply to the Société. 2013, c. 23, s. 59.

Section 59Verify source

§ 60Section 60Provision

Source excerpt

The Société must be run by a board of 9 to 11 members, including the chair and the president and chief executive officer.

60. The Société is administered by a board of directors composed of a minimum of nine and a maximum of 11 members, including the chair of the board and the president and chief executive officer of the Société. Two of the board members are from the public sector, as defined in Schedule I to the Règles concernant la rémunération et les autres conditions de travail des titulaires d’un emploi supérieur à temps plein, enacted by Order in Council 450-2007 (2007, G.O. 2, 2723, French only), two have a profile relevant to health and social services, one is a member of the Ordre des ingénieurs du Québec, one is a member of the Ordre des comptables professionnels agréés du Québec and one is a member of the Ordre des architectes du Québec. 2013, c. 23, s. 60.

Section 60Verify source

§ 61Section 61Offence

Source excerpt

Some persons cannot be appointed to the Société’s board of directors.

61. The following persons cannot be appointed to the board of directors of the Société: (1) persons not domiciled in Québec; (2) persons who have been found guilty of an offence listed in Schedule I to the Act respecting contracting by public bodies (chapter C-65.1) in the 10 years before their appointment; and (3) persons against whom criminal proceedings are brought for an offence under that Schedule. 2013, c. 23, s. 61.

Section 61Verify source

§ 62Section 62Provision

Source excerpt

The Government appoints board members other than the chair and the president and chief executive officer, using board-approved expertise and experience profiles.

62. The Government appoints the members of the board of directors, other than the chair of the board and the president and chief executive officer, based on the expertise and experience profiles approved by the board. Those profiles must ensure that the board members collectively have suitable expertise and experience in the following fields: (1) governance of projects and project portfolios; (2) project management; (3) property management; (4) financial management; (5) human resources management, labour relations and organizational development; and (6) ethics and governance. 2013, c. 23, s. 62; 2022, c. 19, s. 163.

Section 62Verify source

§ 63Section 63Repeal

Source excerpt

Section 63 is repealed.

63. (Repealed). 2013, c. 23, s. 63; 2022, c. 19, s. 164.

Section 63Verify source

§ 64Section 64Provision

Source excerpt

The Government appoints the number of vice-presidents it determines to assist the president and chief executive officer.

64. The Government appoints the number of vice-presidents it determines to assist the president and chief executive officer. They are appointed for a term of up to five years. The offices of president and chief executive officer and of vice-president are full-time positions. 2013, c. 23, s. 64; 2022, c. 19, s. 165.

Section 64Verify source

§ 65Section 65Provision

Source excerpt

The Government determines the remuneration, employee benefits, and other conditions of employment of the vice-presidents.

65. The Government determines the remuneration, employee benefits and other conditions of employment of the vice-presidents. 2013, c. 23, s. 65; 2022, c. 19, s. 166.

Section 65Verify source

§ 66Section 66Provision

Source excerpt

If the president and chief executive officer is absent or unable to act, the Chair of the Conseil du trésor may designate a vice-president to act in that person’s place.

66. If the president and chief executive officer is absent or unable to act, the Chair of the Conseil du trésor may designate a vice-president to act in the president and chief executive officer’s place. 2013, c. 23, s. 66.

Section 66Verify source

§ 67Section 67Provision

Source excerpt

Some board members are remunerated under government-set conditions, and board members may be reimbursed for expenses incurred in performing their functions under government-set conditions and limits.

67. The members of the board of directors, other than the president and chief executive officer and the board members who are employed by a public sector body as defined in Schedule I to the Règles concernant la rémunération et les autres conditions de travail des titulaires d’un emploi supérieur à temps plein, enacted by Order in Council 450-2007 (2007, G.O. 2, 2723, French only), are remunerated on the conditions and to the extent determined by the Government. The board members are entitled to the reimbursement of expenses incurred in the exercise of their functions on the conditions and to the extent determined by the Government. The board members are paid out of the revenues of the Société. 2013, c. 23, s. 67.

Section 67Verify source

§ 68Section 68Provision

Source excerpt

At the end of their term, vice-presidents stay in office until they are replaced or reappointed.

68. At the end of their term of office, the vice-presidents remain in office until they are replaced or reappointed. 2013, c. 23, s. 68; 2022, c. 19, s. 168.

Section 68Verify source

§ 69Section 69Provision

Source excerpt

A board member who loses the qualifications required for appointment during the term of office stops being a member automatically.

69. A board member who, during his or her term of office, loses the qualifications required for appointment ceases to be a member, without further formality. 2013, c. 23, s. 69.

Section 69Verify source

§ 70Section 70Provision

Source excerpt

A vacancy on the board of directors or among the vice-presidents is filled according to the appointment rules for those positions.

70. A vacancy among the members of the board of directors and the vice-presidents is filled in accordance with the rules of appointment to those positions. A member’s absence from the number of board meetings determined in the Société’s by-laws, in the cases and circumstances specified, constitutes a vacancy. 2013, c. 23, s. 70.

Section 70Verify source

§ 71Section 71Repeal

Source excerpt

Section 71 is repealed.

71. (Repealed). 2013, c. 23, s. 71; 2022, c. 19, s. 169.

Section 71Verify source

§ 72Section 72Provision

Source excerpt

Board meetings have quorum when a majority of directors are present, including the president and chief executive officer or the chair of the board. Board decisions are made by majority vote of the members present.

72. The quorum at meetings of the board of directors is the majority of its members, including the president and chief executive officer or the chair of the board. Decisions of the board are made by a majority vote of the members present. 2013, c. 23, s. 72; 2022, c. 19, s. 170.

Section 72Verify source

§ 73Section 73Provision

Source excerpt

The board of directors must establish a joint committee on client services.

73. The board of directors must, among other things, establish a joint committee on client services composed of members of the board and representatives of certain public bodies. The functions of the committee consist, in particular, in developing policies concerning the services delivered to public bodies, submitting those policies to the board of directors and ensuring the related follow-up. 2013, c. 23, s. 73.

Section 73Verify source

§ 74Section 74Provision

Source excerpt

The board of directors must ensure the board committees carry out their functions properly.

74. The board of directors must see to it that the board committees exercise their functions properly. 2013, c. 23, s. 74.

Section 74Verify source

§ 75Section 75Provision

Source excerpt

Certain board minutes and records-related documents are authentic if they are approved and certified as true, or if certified as true when they come from the Société or form part of its records.

75. The minutes of meetings of the board of directors, approved by the board and certified true by the chair of the board, the president and chief executive officer or any other person so authorized by the by-laws of the Société, are authentic, as are the documents and copies emanating from the Société or forming part of its records if so certified. 2013, c. 23, s. 75.

Section 75Verify source

§ 76Section 76Provision

Source excerpt

A document binds the Société, or may be attributed to it, only if it is signed by the board chair, the president and chief executive officer, or another personnel member allowed by the Société’s by-laws.

76. No document binds the Société or may be attributed to it unless it is signed by the chair of the board of directors, the president and chief executive officer or, to the extent determined in the by-laws of the Société, by another member of the Société’s personnel. 2013, c. 23, s. 76.

Section 76Verify source

§ 77Section 77Provision

Source excerpt

The Société may make by-laws about exercising its powers and internal management.

77. The Société may make any by-law concerning the exercise of its powers and its internal management. By-laws made in accordance with this division, except by-laws made under section 78 and internal management by-laws, come into force on the date of their approval by the Government or on any later date it determines. Such by-laws do not require confirmation by the shareholder. 2013, c. 23, s. 77.

Section 77Verify source

§ 78Section 78Provision

Source excerpt

The Société’s personnel must be appointed under the staffing plan set by the Société’s by-laws.

78. The members of the Société’s personnel are appointed in accordance with the staffing plan established by the by-laws of the Société. Subject to the provisions of a collective agreement, the Société determines, by by-law, the standards and scales of remuneration and the employee benefits and other conditions of employment of the members of its personnel in accordance with the conditions defined by the Government. 2013, c. 23, s. 78.

Section 78Verify source

§ 79Section 79Provision

Source excerpt

If a member of the Société’s personnel is sued for an act or omission done in the exercise of functions, the Société must take up the person’s defence unless the person committed a gross fault.

79. If a member of the Société’s personnel is sued by a third person for an act or omission in the exercise of his or her functions, the Société will take up the personnel member’s defence unless he or she has committed a gross fault. 2013, c. 23, s. 79.

Section 79Verify source

§ 80Section 80Provision

Source excerpt

Members of the Société’s personnel must not have a direct or indirect interest that conflicts with their office duties; if such an interest comes by succession or gift, it must be renounced or disposed of quickly.

80. In no case may a member of the Société’s personnel, on pain of forfeiture of office, have a direct or indirect interest in any undertaking that causes his or her personal interest to conflict with their duties of office. Where such an interest devolves to a personnel member by succession or gift, it must be renounced or disposed of with all possible dispatch. 2013, c. 23, s. 80.

Section 80Verify source

§ 80.1Section 80.1Provision

Source excerpt

Within the Société, bargaining units for employees must be organized by specified classes of personnel.

80.1. Within the Société, the only bargaining units that may be constituted for employees within the meaning of the Labour Code (chapter C-27) must be constituted according to the following classes of personnel: (1) class of engineers, architects and chartered appraisers comprising the employees who are members of the Ordre des ingénieurs du Québec, of the Ordre des architectes du Québec or of the Ordre des évaluateurs agréés du Québec and the persons admitted to the study of those professions; (2) class of lawyers and notaries comprising the employees who are members of the Barreau du Québec or of the Ordre des notaires du Québec and the persons admitted to the study of those professions; (3) class of professionals comprising the employees who are not included in the classes described in paragraphs 1 and 2, who carry out work of a professional nature and whose job requires a university-level diploma; (4) class of workmen; and (5) class of technicians and office personnel comprising the employees who are not included in the classes described in paragraphs 1 to 4. 2024, c. 28, s. 33.

Section 80.1Verify source

§ 80.2Section 80.2Provision

Source excerpt

A bargaining unit cannot include more than one class of personnel. Only one employee association may be certified for a bargaining unit in the Société, and only one collective agreement may apply to that unit.

80.2. No bargaining unit may include more than one class of personnel provided for in section 80.1. Only one association of employees may be certified to represent, within the Société, the employees of a bargaining unit and only one collective agreement may be applicable to all the employees in that bargaining unit. Subject to the first and second paragraphs of this section, section 80.1 of this Act and sections 52 to 54 of the Act mainly to diversify the acquisition strategies of public bodies and increase their agility in carrying out infrastructure projects (2024, chapter 28), the Labour Code (chapter C-27) applies to the Société and to the associations of employees representing its personnel. 2024, c. 28, s. 33.

Section 80.2Verify source

§ 80.3Section 80.3Provision

Source excerpt

The Administrative Labour Tribunal decides disputes about whether employees of the Société, or groups of them, are excluded from or included in personnel classes under section 80.1.

80.3. The Administrative Labour Tribunal decides all disputes respecting the exclusion or inclusion of an employee of the Société or a group of such employees from or in any of the classes of personnel provided for in section 80.1 and has the power to revoke the certification and grant another on the conditions provided for in the Labour Code (chapter C-27). When seized of a petition, the Tribunal may, for the purposes of the decision it is to render, rule on any question relating to the application of this division and the Labour Code. 2024, c. 28, s. 33.

Section 80.3Verify source

§ 81Section 81Provision

Source excerpt

The Société’s authorized capital is $300,000,000, divided into 300,000 shares of $1,000 par value each, and only the Minister of Finance may subscribe shares in the Société.

81. The authorized capital of the Société is $300,000,000. It is divided into 300,000 shares with a par value of $1,000 each. Only the Minister of Finance may subscribe shares in the Société. 2013, c. 23, s. 81; 2019, c. 29, s. 90.

Section 81Verify source

§ 82Section 82Provision

Source excerpt

After the Société’s board makes an offer, the Minister of Finance may subscribe for shares in the Société only with Government authorization.

82. After the board of directors of the Société has made its offer, the Minister of Finance may, with the authorization of the Government, subscribe shares in the Société. 2013, c. 23, s. 82; 2019, c. 29, s. 90.

Section 82Verify source

§ 83Section 83Provision

Source excerpt

The shares of the Société are allotted to the Minister of Finance and become part of the State’s domain.

83. The shares of the Société are allotted to the Minister of Finance and form part of the domain of the State. The Minister pays, out of the Consolidated Revenue Fund, the par value of the shares allotted to the Minister; the certificates are then issued. 2013, c. 23, s. 83; 2019, c. 29, s. 90.

Section 83Verify source

§ 84Section 84Provision

Source excerpt

The Government sets the dividends paid by the Société.

84. The dividends paid by the Société are set by the Government. 2013, c. 23, s. 84.

Section 84Verify source

§ 85Section 85Provision

Source excerpt

When the Société operates in relation to health and social service providers, it may entrust the Minister of Finance with managing sums for loan principal payments to create a sinking fund.

85. When the Société exercises its activities in respect of health and social service providers, it may entrust to the Minister of Finance the management of sums intended for the payment of the principal of any loan, in order to constitute a sinking fund for the purpose of repaying the principal at the maturity dates of the loan. The second paragraph of section 469 of the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) applies, with the necessary modifications, applies to the use of the revenues of the sinking fund. 2013, c. 23, s. 85; 2016, c. 7, s. 183; 2023, c. 34, s. 1068.

Section 85Verify source

§ 86Section 86Provision

Source excerpt

The Government may, under terms and conditions it sets, guarantee certain loan payments and other obligations, and may authorize the Minister of Finance to advance money to the Société or its subsidiaries.

86. The Government may, subject to the terms and conditions it determines, (1) guarantee payment of the principal and interest on any loan contracted by the Société or one of its subsidiaries and the execution of any of their other obligations; and (2) authorize the Minister of Finance to advance to the Société or one of its subsidiaries any amount considered necessary to pursue its mission. The sums required for the purposes of subparagraphs 1 and 2 of the first paragraph are taken out of the Consolidated Revenue Fund. 2013, c. 23, s. 86; 2019, c. 29, s. 90.

Section 86Verify source

§ 87Section 87Provision

Source excerpt

The Société must determine its tariff of fees and remuneration for use of its goods and services, and submit it to the Conseil du trésor for approval.

87. The Société determines the tariff of professional and other fees and other forms of remuneration payable for the use of its goods and services. The tariff and other forms of remuneration must be submitted to the Conseil du trésor for approval. 2013, c. 23, s. 87.

Section 87Verify source

§ 88Section 88Provision

Source excerpt

88. The activities of the Société are financed by the revenues it derives from the professional and other fees and other types of remuneration it charges and the other monies it receives. 2013, c. 23, s. 88.

Section 88Verify source

§ 89Section 89Provision

Source excerpt

The Société’s fiscal year ends on 31 March.

89. The fiscal year of the Société ends on 31 March. 2013, c. 23, s. 89.

Section 89Verify source

§ 90Section 90Provision

Source excerpt

The Société must file its financial statements and annual management report with the Chair of the Conseil du trésor by 30 September each year.

90. Not later than 30 September each year, the Société must file its financial statements and an annual management report for the preceding fiscal year with the Chair of the Conseil du trésor. The financial statements and annual management report must contain all the information required by the Chair of the Conseil du trésor regarding the Société and, if applicable, its subsidiaries. 2013, c. 23, s. 90; 2022, c. 19, s. 171.

Section 90Verify source

§ 91Section 91Provision

Source excerpt

The Chair of the Conseil du trésor must table the Société’s financial statements and annual management report before the National Assembly within 15 days after receiving them, or within 15 days after the Assembly resumes if it is not sitting.

91. The Chair of the Conseil du trésor lays the financial statements and annual management report of the Société before the National Assembly within 15 days of receiving them or, if the Assembly is not sitting, within 15 days of resumption. 2013, c. 23, s. 91; 2022, c. 19, s. 431.

Section 91Verify source

§ 92Section 92Provision

Source excerpt

The Société’s books and accounts are audited each year by the Auditor General and whenever the Government orders it.

92. The books and accounts of the Société are audited each year by the Auditor General and whenever ordered by the Government. The Auditor General’s report must be submitted with the annual management report and financial statements of the Société. 2013, c. 23, s. 92; 2022, c. 19, s. 431.

Section 92Verify source

§ 93Section 93Provision

Source excerpt

The Société must attach a capital budget to the multi-year budgetary estimates it must adopt under section 45.3 of the Financial Administration Act.

93. The Société must attach a capital budget to the multi-year budgetary estimates it is required to adopt under section 45.3 of the Financial Administration Act (chapter A-6.001). 2013, c. 23, s. 93; 2020, c. 5, s. 122.

Section 93Verify source

§ 94Section 94Provision

Source excerpt

The Société must provide the Chair of the Conseil du trésor with any information the Chair requires about the Société or its subsidiaries.

94. The Société must also provide the Chair of the Conseil du trésor with any information the Chair requires concerning the Société or its subsidiaries. 2013, c. 23, s. 94.

Section 94Verify source

§ 95Section 95Amendment

Source excerpt

This section notes that the amendment has been integrated into c. A-6.001, Schedule 2.

95. (Amendment integrated into c. A-6.001, Schedule 2). 2013, c. 23, s. 95.

Section 95Verify source

§ 96Section 96Amendment

Source excerpt

This section states that an amendment was integrated into c. A-6.002, section 69.1.

96. (Amendment integrated into c. A-6.002, s. 69.1). 2013, c. 23, s. 96.

Section 96Verify source

§ 97Section 97Amendment

Source excerpt

This section notes that the amendment was integrated into c. A-6.002, s. 69.4.1, and cites 2013, c. 23, s. 97.

97. (Amendment integrated into c. A-6.002, s. 69.4.1). 2013, c. 23, s. 97.

Section 97Verify source

§ 98Section 98Amendment

Source excerpt

98. (Amendment integrated into c. A-6.01, s. 21). 2013, c. 23, s. 98.

Section 98Verify source

§ 99Section 99Amendment

Source excerpt

This section notes that an amendment has been integrated into c. A-6.01, s. 42.

99. (Amendment integrated into c. A-6.01, s. 42). 2013, c. 23, s. 99.

Section 99Verify source

§ 100Section 100Amendment

Source excerpt

This section states that an amendment was integrated into c. A-6.01, section 77, and gives a citation to 2013, chapter 23, section 100.

100. (Amendment integrated into c. A-6.01, s. 77). 2013, c. 23, s. 100.

Section 100Verify source

§ 101Section 101Amendment

Source excerpt

This section notes that an amendment has been integrated into c. B-9, s. 12.

101. (Amendment integrated into c. B-9, s. 12). 2013, c. 23, s. 101.

Section 101Verify source

§ 102Section 102Amendment

Source excerpt

This section gives a citation and notes that an amendment was integrated into another provision.

102. (Amendment integrated into c. C-19, s. 29). 2013, c. 23, s. 102.

Section 102Verify source

§ 103Section 103Amendment

Source excerpt

103. (Amendment integrated into c. C-27.1, a. 7). 2013, c. 23, s. 103.

Section 103Verify source

§ 104Section 104Amendment

Source excerpt

This section notes that an amendment is integrated into c. C-65.1, s. 2.

104. (Amendment integrated into c. C-65.1, s. 2). 2013, c. 23, s. 104.

Section 104Verify source

§ 105Section 105Amendment

Source excerpt

This section notes that an amendment was integrated into c. C-65.1, section 3.

105. (Amendment integrated into c. C-65.1, s. 3). 2013, c. 23, s. 105.

Section 105Verify source

§ 106Section 106Amendment

Source excerpt

This section states that the amendment has been integrated into c. C-65.1, s. 21.30.

106. (Amendment integrated into c. C-65.1, s. 21.30). 2013, c. 23, s. 106.

Section 106Verify source

§ 107Section 107Amendment

Source excerpt

This section states that an amendment has been integrated into c. C-65.1, s. 21.31.

107. (Amendment integrated into c. C-65.1, s. 21.31). 2013, c. 23, s. 107.

Section 107Verify source

§ 108Section 108Amendment

Source excerpt

This section only notes that an amendment has been integrated into another provision and gives the source citation.

108. (Amendment integrated into c. C-65.1, s. 21.32). 2013, c. 23, s. 108.

Section 108Verify source

§ 109Section 109Amendment

Source excerpt

109. (Amendment integrated into c. C-65.1, s. 21.33). 2013, c. 23, s. 109.

Section 109Verify source

§ 110Section 110Amendment

Source excerpt

This section states that an amendment was integrated into c. C-65.1, s. 21.34, and gives the citation 2013, c. 23, s. 110.

110. (Amendment integrated into c. C-65.1, s. 21.34). 2013, c. 23, s. 110.

Section 110Verify source

§ 111Section 111Amendment

Source excerpt

111. (Amendment integrated into c. C-65.1, s. 21.39). 2013, c. 23, s. 111.

Section 111Verify source

§ 112Section 112Amendment

Source excerpt

112. (Amendment integrated into c. E-20.001, s. 100). 2013, c. 23, s. 112.

Section 112Verify source

§ 113Section 113Amendment

Source excerpt

This section states that an amendment was integrated into c. F-2.1, s. 208.

113. (Amendment integrated into c. F-2.1, s. 208). 2013, c. 23, s. 113.

Section 113Verify source

§ 114Section 114Amendment

Source excerpt

This section notes that the amendment has been integrated into c. F-2.1, s. 253.49, and cites 2013, c. 23, s. 114.

114. (Amendment integrated into c. F-2.1, s. 253.49). 2013, c. 23, s. 114.

Section 114Verify source

§ 115Section 115Amendment

Source excerpt

This section notes that an amendment has been integrated into c. F-2.1, s. 254.1.

115. (Amendment integrated into c. F-2.1, s. 254.1). 2013, c. 23, s. 115.

Section 115Verify source

§ 116Section 116Amendment

Source excerpt

This section notes that an amendment is integrated into c. F-2.1, section 255.

116. (Amendment integrated into c. F-2.1, s. 255). 2013, c. 23, s. 116.

Section 116Verify source

§ 117Section 117Amendment

Source excerpt

117. (Amendment integrated into c. G-1.02, Schedule I). 2013, c. 23, s. 117.

Section 117Verify source

§ 118Section 118Amendment

Source excerpt

This section states that the amendment is integrated into c. L-6.1, section 8.

118. (Amendment integrated into c. L-6.1, s. 8). 2013, c. 23, s. 118.

Section 118Verify source

§ 119Section 119Amendment

Source excerpt

This section says the amendment has been integrated into c. L-6.1, s. 10.

119. (Amendment integrated into c. L-6.1, s. 10). 2013, c. 23, s. 119.

Section 119Verify source

§ 120Section 120Amendment

Source excerpt

This section states that an amendment has been integrated into the cited provisions.

120. (Amendment integrated into c. L-6.1, ss. 11, 11.1, 16.1). 2013, c. 23, s. 120.

Section 120Verify source

§ 121Section 121Amendment

Source excerpt

This section states that the amendment was integrated into c. L-6.1, section 13, and gives the 2013 chapter and section reference.

121. (Amendment integrated into c. L-6.1, s. 13). 2013, c. 23, s. 121.

Section 121Verify source

§ 122Section 122Amendment

Source excerpt

This section states that an amendment has been integrated into c. L-6.1, section 13.1.

122. (Amendment integrated into c. L-6.1, s. 13.1). 2013, c. 23, s. 122.

Section 122Verify source

§ 123Section 123Amendment

Source excerpt

123. (Amendment integrated into c. L-6.1, s. 15). 2013, c. 23, s. 123.

Section 123Verify source

§ 124Section 124Amendment

Source excerpt

This section notes that the amendment was integrated into c. L-6.1 and cites 2013, c. 23, s. 124.

124. (Amendment integrated into c. L-6.1, ss. 17, 20, 21, 30, 31). 2013, c. 23, s. 124.

Section 124Verify source

§ 125Section 125Amendment

Source excerpt

This section notes that the amendment has been integrated into c. L-6.1, s. 19, and gives a 2013 citation.

125. (Amendment integrated into c. L-6.1, s. 19). 2013, c. 23, s. 125.

Section 125Verify source

§ 126Section 126Amendment

Source excerpt

This section states that an amendment has been integrated into c. L-6.1, section 29, and gives the source citation to 2013, chapter 23, section 126.

126. (Amendment integrated into c. L-6.1, s. 29). 2013, c. 23, s. 126.

Section 126Verify source

§ 127Section 127Amendment

Source excerpt

This section notes that the amendment has been integrated into c. M-25.1.1, s. 30.

127. (Amendment integrated into c. M-25.1.1, s. 30). 2013, c. 23, s. 127.

Section 127Verify source

§ 128Section 128Amendment

Source excerpt

This section notes that an amendment has been integrated into c. M-30, s. 3.17.

128. (Amendment integrated into c. M-30, s. 3.17). 2013, c. 23, s. 128.

Section 128Verify source

§ 129Section 129Amendment

Source excerpt

This section notes that an amendment is integrated into c. P-9.001, s. 1.1.

129. (Amendment integrated into c. P-9.001, s. 1.1). 2013, c. 23, s. 129.

Section 129Verify source

§ 130Section 130Amendment

Source excerpt

This section notes that the amendment has been integrated into c. R-8.2, Schedule C.

130. (Amendment integrated into c. R-8.2, Schedule C). 2013, c. 23, s. 130.

Section 130Verify source

§ 131Section 131Amendment

Source excerpt

131. (Amendment integrated into c. R-10, Schedule I). 2013, c. 23, s. 131.

Section 131Verify source

§ 132Section 132Amendment

Source excerpt

This section notes that an amendment has been integrated into c. R-10, Schedule III.

132. (Amendment integrated into c. R-10, Schedule III). 2013, c. 23, s. 132.

Section 132Verify source

§ 133Section 133Amendment

Source excerpt

133. (Amendment integrated into c. R-12, Schedule II). 2013, c. 23, s. 133.

Section 133Verify source

§ 134Section 134Amendment

Source excerpt

134. (Amendment integrated into c. R-12, Schedule IV). 2013, c. 23, s. 134.

Section 134Verify source

§ 135Section 135Amendment

Source excerpt

This section notes that an amendment has been integrated into c. R-12.1, Schedule II.

135. (Amendment integrated into c. R-12.1, Schedule II). 2013, c. 23, s. 135.

Section 135Verify source

§ 136Section 136Amendment

Source excerpt

This section states that an amendment is integrated into c. R-12.1, Schedule V.

136. (Amendment integrated into c. R-12.1, Schedule V). 2013, c. 23, s. 136.

Section 136Verify source

§ 137Section 137Amendment

Source excerpt

This section only notes an amendment integrated into c. R-20, s. 15.2, and gives a citation to 2013, c. 23, s. 137.

137. (Amendment integrated into c. R-20, s. 15.2). 2013, c. 23, s. 137.

Section 137Verify source

§ 138Section 138Amendment

Source excerpt

138. (Amendment integrated into c. R-20, s. 15.7). 2013, c. 23, s. 138.

Section 138Verify source

§ 139Section 139Amendment

Source excerpt

This section only shows an integrated amendment note and a citation.

139. (Amendment integrated into c. R-20, s. 123.4.4). 2013, c. 23, s. 139.

Section 139Verify source

§ 140Section 140Amendment

Source excerpt

140. (Amendment integrated into c. S-2.1, s. 176.0.1). 2013, c. 23, s. 140.

Section 140Verify source

§ 141Section 141Provision

Source excerpt

141. (Omitted). 2013, c. 23, s. 141.

Section 141Verify source

§ 142Section 142Provision

Source excerpt

142. (Omitted). 2013, c. 23, s. 142.

Section 142Verify source

§ 143Section 143Provision

Source excerpt

The amalgamation takes effect even if an Act- or contract-based obligation or condition was not fulfilled at the time.

143. The amalgamation of the patrimonies of Infrastructure Québec and the Société immobilière du Québec under section 22 has effect despite the non-fulfilment, at the time of the amalgamation, of an obligation or a condition provided in an Act or contract. No proceedings may be brought against the Government, the Société québécoise des infrastructures or any of their members, employees or officers solely because the immovables and other assets of Infrastructure Québec and of the Société immobilière du Québec have become those of the Société or because such an obligation or condition has not been fulfilled. 2013, c. 23, s. 143.

Section 143Verify source

§ 144Section 144Provision

Source excerpt

The rights and obligations of Infrastructure Québec and the Société immobilière du Québec become those of the Société, and the Société is made a party to related proceedings without continuance of suit.

144. The rights and obligations of Infrastructure Québec and those of the Société immobilière du Québec become the rights and obligations of the Société and the latter becomes, without continuance of suit, a party to all proceedings to which either of those legal persons was a party. 2013, c. 23, s. 144.

Section 144Verify source

§ 145Section 145Provision

Source excerpt

The Société may, if it considers it appropriate, publish a notice about an amalgamation for a relevant immovable.

145. Publication in the land register is not required for the immovables, rights and obligations that have become those of the Société under sections 22 and 144. The Société may, however, in relation to an immovable referred to in the first paragraph and if it deems it appropriate, publish a notice that announces the amalgamation, refers to this Act and contains a description of the immovable. 2013, c. 23, s. 145.

Section 145Verify source

§ 146Section 146Provision

Source excerpt

On amalgamation, the shares of the Société immobilière du Québec are converted by operation of law into shares of the Société, and the related certificates are issued to the Minister of Finance immediately.

146. The amalgamation involves, by operation of law, the conversion of the shares issued by the Société immobilière du Québec into shares of the Société. The certificates for the shares thus converted are issued to the Minister of Finance immediately. 2013, c. 23, s. 146; 2019, c. 29, s. 90.

Section 146Verify source

§ 147Section 147Provision

Source excerpt

The debt securities of the Société immobilière du Québec become those of the Société.

147. The debt securities of the Société immobilière du Québec become those of the Société. 2013, c. 23, s. 147.

Section 147Verify source

§ 148Section 148Provision

Source excerpt

Certain transferred employees keep the rights under specified sections until 12 November 2015, if they could already rely on those rights on 12 November 2013.

148. Sections 46 to 51 of the Act respecting the Société immobilière du Québec (chapter S-17.1) and section 63 of the Act respecting Infrastructure Québec (chapter I-8.2), as they read on 12 November 2013, and section 209 of the Act to abolish the Ministère des Services gouvernementaux and to implement the Government’s 2010-2014 Action Plan to Reduce and Control Expenditures by abolishing or restructuring certain bodies and certain funds (2011, chapter 16) continue to apply until 12 November 2015 to employees transferred to the Société as a result of the amalgamation under section 22 who, on 12 November 2013, could avail themselves of the rights under those sections. 2013, c. 23, s. 148.

Section 148Verify source

§ 149Section 149Provision

Source excerpt

The board members of Infrastructure Québec and Société immobilière du Québec have terms that end on 12 November 2013 without compensation.

149. The terms of office of the board members of Infrastructure Québec and Société immobilière du Québec end on 12 November 2013 without compensation. The president and chief executive officer of Infrastructure Québec is returned to the public service in accordance with his or her instrument of appointment. 2013, c. 23, s. 149.

Section 149Verify source

§ 150Section 150Provision

Source excerpt

The terms of office of the secretary, the vice-presidents, and the assistant vice-president of the Société immobilière du Québec end on 12 November 2013.

150. The terms of office of the secretary, the vice-presidents and the assistant vice-president of the Société immobilière du Québec end on 12 November 2013 without any compensation other than the compensation provided for in their contract of employment. If applicable, the other conditions of their contract of employment that are applicable in the event of termination without cause continue to apply. 2013, c. 23, s. 150.

Section 150Verify source

§ 151Section 151Provision

Source excerpt

The terms of office of the vice-presidents of Infrastructure Québec end on 12 November 2013, and severance pay is limited if they take paid public-sector work during the covered period.

151. The terms of office of the vice-presidents of Infrastructure Québec end on 12 November 2013 without any compensation other than the compensation provided for in their contract of employment. However, a person referred to in the first paragraph who has received or who receives severance pay and who holds an office, an employment or any other remunerated position in the public sector as defined in Schedule I to the Règles concernant la rémunération et les autres conditions de travail des titulaires d’un emploi supérieur à temps plein, enacted by Order in Council 450-2007 (2007, G.O. 2, 2723, French only) during the period corresponding to the period covered by that severance pay must refund the part of the severance pay covering the period for which the person receives a salary, or cease to receive it during that period. However, if the salary the person receives is lower than the salary the person received previously, the person is required to refund the severance pay only up to the amount of the new salary, or the person may continue to receive the part of the severance pay that exceeds the new salary. The period covered by the severance pay corresponds to the period that would have been covered by the same amount if the person had received it as a salary when the person held the office of vice-president. 2013, c. 23, s. 151.

Section 151Verify source

§ 152Section 152Provision

Source excerpt

When the first members of the board of directors of the Société are appointed, the section 62 expertise and experience profile rules do not apply; instead, the Government must ensure the members collectively meet the section’s expertise and experience requirements.

152. The provisions of section 62 regarding the expertise and experience profiles do not apply when the first members of the board of directors of the Société are appointed. However, when appointing those members, the Government must make sure that, collectively, they meet the expertise and experience requirements set out in the second paragraph of that section. 2013, c. 23, s. 152.

Section 152Verify source

§ 153Section 153Provision

Source excerpt

A declaration in a registration application may be enough to prove the Société or the Chair of the Conseil du trésor holds the relevant rights, and the notice must state the legislative provision it is given under.

153. A declaration by the Société or the Chair of the Conseil du trésor in an application for registration in the register of personal and movable real rights or the land register, stating that the Société or the Chair is, by the effect of the amalgamation under section 22, the holder of the rights that are the subject of the application and that were formerly registered in favour of the Société immobilière du Québec, is sufficient to establish with the Land Registrar that the Société or the Chair is the holder of those rights. An application for registration in the land register is made in the form of a notice. In addition to the provisions of this section and the requirements of the regulation made under Book Nine of the Civil Code, the notice must indicate the legislative provision under which it is given. Only one copy of the notice is required and it need not be certified. 2013, c. 23, s. 153; 2020, c. 17, s. 112.

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§ 154Section 154Provision

Source excerpt

154. The files, records and other documents of Infrastructure Québec and Société immobilière du Québec become files, records and other documents of the Société. 2013, c. 23, s. 154.

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§ 155Section 155Provision

Source excerpt

155. The strategic plan of Infrastructure Québec and that of the Société immobilière du Québec are, with the necessary modifications, applicable to the Société until they are replaced by the Société’s first strategic plan. 2013, c. 23, s.

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§ 156Section 156Amendment

Source excerpt

The management agreement terms apply to the Société immobilière du Québec, with necessary modifications, for certain immovable property management operations until they are changed by a later agreement.

156. The terms of the management agreement entered into by the Société immobilière du Québec and the Minister of Health and Social Services under section 20.4 of the Act respecting the Société immobilière du Québec (chapter S-17.1) apply, with the necessary modifications, to the Société within the framework of the immovable property management operations that the Société carries out under this Act in respect of health and social service providers within the meaning of the fourth paragraph of section 28 of this Act, until such terms are struck out, replaced or amended by an agreement entered into by the Société and the Minister of Health and Social Services under section 37. 2013, c. 23, s. 156.

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§ 157Section 157Repeal

Source excerpt

Certain Cabinet, Conseil du trésor, and Chair decisions about Infrastructure Québec or the Société immobilière du Québec keep their effect until their purpose is achieved or they are repealed, replaced, or amended under this Act.

157. The directives, policies and other decisions made regarding Infrastructure Québec or the Société immobilière du Québec by the Cabinet, the Conseil du trésor or the Chair of the Conseil du trésor under the powers and prerogatives devolved to them continue to have effect with regard to the Société until their object is attained or until they are repealed, replaced or amended under this Act; those directives, policies and decisions are deemed to have been made by the competent authority under this Act. 2013, c. 23, s. 157.

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§ 158Section 158Repeal

Source excerpt

The section says certain by-laws and policies keep applying if they are compatible with the Act, until the Société repeals, replaces, or amends them.

158. The by-laws and policies adopted by Infrastructure Québec and the Société immobilière du Québec continue to apply to the extent that they are compatible with this Act until they are repealed, replaced or amended by the Société. When provisions of the by-laws and administrative policies of Infrastructure Québec and those of the Société immobilière du Québec are incompatible, the Société’s board of directors determines which provisions prevail. 2013, c. 23, s. 158.

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§ 159Section 159Amendment

Source excerpt

The government list of public bodies that must deal with the Société immobilière du Québec keeps applying until it is amended or replaced under section 30.

159. The list established by the Government under section 19 of the Act respecting the Société immobilière du Québec (chapter S-17.1) identifying the public bodies required to deal with the Société immobilière du Québec continues to apply until it is amended or replaced in accordance with section 30 of this Act. 2013, c. 23, s. 159.

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§ 160Section 160Provision

Source excerpt

The criteria from Order in Council 148-2010 keep applying for major-project determinations until replaced by the Conseil du trésor under section 16.

160. The criteria established in Order in Council 148-2010 (2010, G.O. 2, 1171, French only) for determining major projects for the purposes of the Act respecting Infrastructure Québec (chapter I-8.2) continue to apply until they are replaced by the Conseil du trésor under the second paragraph of section 16 of this Act. 2013, c. 23, s. 160.

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§ 161Section 161Provision

Source excerpt

The policy framework remains in force until it is replaced by a directive prepared under section 18.

161. The Politique-cadre sur la gouvernance des grands projets d’infrastructure publique adopted by the Cabinet on 10 March 2010 (Decision CM-2010-024, French only) remains in force until it is replaced by a directive prepared under section 18 of this Act. 2013, c. 23, s. 161.

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§ 162Section 162Provision

Source excerpt

Certain major public infrastructure projects may be included in the Québec infrastructure plan even if they have not been authorized by the Government, if they meet the stated budget and determination conditions.

162. The public infrastructure projects considered major under Order in Council 148-2010 and the other public infrastructure projects determined by the Conseil du trésor and included in the most recent multi-year capital budget tabled in the National Assembly under section 6 of the Act to promote the maintenance and renewal of public infrastructures (chapter M-1.2) may be included in the Québec infrastructure plan even though they have not been authorized by the Government within the framework of the implementation of the measures established by the Conseil du trésor for public infrastructure project management. 2013, c. 23, s. 162.

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§ 163Section 163Amendment

Source excerpt

163. The tariff of professional and other fees and other forms of remuneration applied by Infrastructure Québec and the Société immobilière du Québec, respectively, for their goods and services continues to apply until they are amended or

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§ 164Section 164Provision

Source excerpt

164. In any law or regulation, “Société immobilière du Québec” and “Infrastructure Québec” are replaced, wherever they appear and with the necessary modifications, by “Société québécoise des infrastructures”. Unless otherwise indicated by the context and with the necessary modifications, in any other document, (1) a reference to the Act respecting Infrastructure Québec (chapter I-8.2) or the Act respecting the Société immobilière du Québec (chapter S-17.1) or to any of their provisions is a reference to this Act or the corresponding provision of this Act, if applicable; (2) a reference to Infrastructure Québec or the Société immobilière du Québec is a reference to the Société québécoise des infrastructures. 2013, c. 23, s. 164.

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§ 165Section 165Provision

Source excerpt

The Government may make a regulation before 13 November 2014 to enact transitional measures needed to carry out the Act.

165. The Government may, by a regulation made before 13 November 2014, enact any other transitional measure required for the carrying out of this Act. A regulation made under the first paragraph is not subject to the publication requirement set out in section 8 of the Regulations Act (chapter R-18.1) and comes into force on the date of its publication in the Gazette officielle du Québec, or on any later date set in the regulation. The regulation may also, if it so provides, have effect from any date not prior to 13 November 2013. 2013, c. 23, s. 165.

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§ 166Section 166Provision

Source excerpt

166. (Omitted). 2013, c. 23, s. 166.

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§ 167Section 167Amendment

Source excerpt

This section says the Act may be cited as the Public Infrastructure Act.

167. This Act may be cited as the Public Infrastructure Act. 2013, c. 23, s. 167. Chapter 23 of the statutes of 2013 was assented to on 30 October 2013 under the following title: “An Act respecting the governance of public infrastructures, establishing the Société québécoise des infrastructures and amending various legislative provisions”.

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§ 168Section 168Provision

Source excerpt

The minister who is Chair of the Conseil du trésor is responsible for administering this Act, and the Minister responsible for Infrastructure exercises that minister’s functions and responsibilities under the Act.

168. The minister who is the Chair of the Conseil du trésor is responsible for the administration of this Act. 2013, c. 23, s. 168. The Minister responsible for Infrastructure exercises the functions and responsibilities of the Minister who is the Chair of the Conseil du trésor provided for in this Act. Order in Council 607-2026 dated 21 April 2026, (2026) 158 G.O. 2 (French), 2448.

Section 168Verify source

§ 169Section 169Provision

Source excerpt

169. (Omitted). 2013, c. 23, s. 169.

Section 169Verify source

Legislative relationships

16 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

5 instruments

Act respecting the Société immobilière du Québec (chapter S-17.1) and section 63 of the Act
Section 148
Civil Code
Section 153
Companies Act
Section 59
Conseil du trésor is responsible for administering this Act
Section 168
Financial Administration Act
Section 93

G–M

7 instruments

Government regarding the property. No transfer duties provided for in the Act
Section 53
Health and Social Services and regional councils governed by the Act
Section 28
Health and Social Services established under section 530.25 of that Act
Section 3
Health and Social Services under section 20.4 of the Act
Section 156
Health and Social Services under section 22 of the Act
Section 38
Labour Code
Section 80.1
Minister of Finance in accordance with section 4 of the Act
Section 7

N–S

3 instruments

Public Administration Act
Section 9
Regulations Act
Section 165
State. The Act
Section 50

T–Z

1 instrument

Title Four of Book Nine of the Civil Code
Section 56

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10 Jun 2026 · currentEnglish

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Public Infrastructure Act, 2013

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16 referenced instruments

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