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Provisional administration (Articles 26.2 - 27)

Provisional administrators.

26.2. The Minister may, after being made aware of facts revealed upon ascertaining compliance with this Act and after giving the members of the committee concerned an opportunity to present observations in writing concerning such facts within 15 days of receipt of a notice of the Minister to that effect, suspend, as of the date determined by the Minister and for a period not exceeding 120 days, the powers of the committee members and appoint provisional administrators to exercise those powers during the period of suspension, if such facts give him reason to believe

  • (1) that the committee has failed to comply with the Minister's order under section 26.1 or to fulfil its voluntary undertaking thereunder;
  • (2) that the committee members are remiss in the performance of the obligations imposed by the Civil Code (Statutes of Québec, 1991, chapter 64) on administrators of legal persons or in the performance of their obligations under this Act, a regulation thereunder or a decree;
  • (3) that a serious fault, such as embezzlement or breach of trust, has been committed by one or more members or officers of the committee;
  • (4) that one or more members or officers of the committee have transgressed the rules of sound management applicable to the directors of a legal person; or
  • (5) that practices imcompatible with the objects of the committee have been engaged in by the committee.

Decision.

The Minister may make a decision even before the conclusion of a verification or inquiry under section 25.1 or 26.

The decision of the Minister, giving reasons, shall be forwarded with dispatch to the members of the committee. A notice of the decision shall also be published in the Gazette officielle du Québec.

1996, c. 71, s. 24.

Regulatory provision.

26.3. During the provisional administration, any regulatory provision adopted by, or legal provision applicable to, the committee which makes the validity of an act of the committee subject to authorization or approval by the meeting of members shall have no effect.

1996, c. 71, s. 24.

Report.

26.4. Not later than 30 days before the appointed date of expiry of their mandate, the provisional administrators shall report their findings to the Minister, and submit their recommendations. The report must contain any information required by the Minister.

1996, c. 71, s. 24.

Minister's powers.

26.5. After examining the report of the provisional administrators, the Minister may, if he considers it warranted in order to remedy a situation described in subparagraphs 1 to 5 of the first paragraph of section 26.2 or avoid the re-occurrence thereof,

  • (1) extend the provisional administration for a period not exceeding 90 days or terminate the provisional administration subject to specified conditions;
  • (2) order a reorganization of the structure and activities of the committee subject to specified conditions;
  • (3) remove from office one or more of the suspended committee members and provide for the appointment or election of new members.

Extension.

Any extension of the provisional aministration may be renewed for the same reasons by the Minister provided each renewal does not exceed 90 days.

Termination.

If the report of the provisional administrators does not confirm the existence of a situation described in subparagraphs 1 to 5 of the first paragraph of section 26.2, the Minister shall terminate the provisional administration without delay.

Decision.

Every decision of the Minister must state the reasons therefor and shall be forwarded with dispatch to the members of the committee.

1996, c. 71, s. 24.

Account.

26.6. On the termination of the provisional administration, the provisional administrators shall render a final account of their administration to the Minister. The account must be sufficiently detailed to allow verification of its accuracy and shall be produced together with the related books and vouchers.

1996, c. 71, s. 24.

Expenses.

26.7. The expenses, fees and disbursements of provisional administration shall be borne by the committee concerned, unless the Minister decides otherwise.

1996, c. 71, s. 24.

Immunity.

26.8. No proceedings may be brought against provisional administrators exercising the powers and functions conferred on them for any act performed in good faith in the exercise of such powers and functions.

1996, c. 71, s. 24.

Recourse.

26.9. No extraordinary recourse under articles 828 to 846 of the Code of Civil Procedure (chapter C-25) may be exercised, and no injunction may be granted against provisional administrators exercising their powers and functions under this division.

Judgment.

A judge of the Court of Appeal may, on motion, summarily annul any judgment, writ, order or injunction issued or granted contrary to this section.

1996, c. 71, s. 24.

Report.

26.10. The Minister shall include, in the report he tables in the National Assembly each year concerning the activities of his department, an account, under a separate heading, of the carrying out of this division.

1996, c. 71, s. 24.

Disposal of property.

27. When the committee becomes extinct its property shall be delivered to the Minister. The latter may, however, as soon as a decree ceases to be in force, appoint a liquidator who shall thereupon have, alone, all the duties and powers of the parity committee. The liquidator shall deliver the remaining property to the Minister, who may devote it to a similar work designated by the Government.

R. S. 1964, c. 143, s. 24; 1984, c. 45, s. 18.