Conseil des appellations réservées et des termes valorisants
CHAPTER II : CONSEIL DES APPELLATIONS
RÉSERVÉES ET DES TERMES
VALORISANTS
7. A reserved designations
and added-value claims board (“the Board”) is established
under the name “Conseil des appellations réservées
et des termes valorisants”.
The Board is a legal person.
The Board is deemed a public body within the meaning of the Act respecting
Access to documents held by public bodies and the Protection of personal
information (R.S.Q., chapter A-2.1) for the sole purpose of making the
Board subject to that Act.
2006, c. 4, s. 7.
8. The Board has its head office
in the city of Québec. It may hold its meetings anywhere in Québec.
2006, c. 4, s. 8.
9.The
mission of the Board is
to accredit bodies that comply with the applicable accreditation
manual as certification bodies;
to advise the Minister on the recognition of reserved designations;
to advise the Minister on the authorization of added-value claims
and issue advisory opinions on the special characteristics of products
that may qualify for those claims;
to hold consultations, particularly prior to recommending the
recognition of a reserved designation or the authorization of an added-value
claim and prior to issuing advisory opinions on the special characteristics
of products that may qualify for those claims; and
to monitor the use of recognized reserved designations and authorized
added-value claims.
2006, c. 4, s. 9
10.To
that end, the Board
prepares, in accordance with the regulations of the Minister,
an accreditation manual setting out the standards and criteria against
which it will assess applications for accreditation;
monitors accredited certification bodies, and sees that they apply
certification standards and criteria and have the necessary resources
to exercise adequate supervision, as provided for in the applicable
accreditation manual, over the activities of users of recognized reserved
designations and authorized added-value claims, and the necessary
resources to verify the products they certify; and
sees that the parties registered with an accredited certification
body comply with the rules for using recognized reserved designations
and authorized added-value claims.
2006, c. 4, s. 10.
11. The
Board may impose a contribution on accredited certification bodies to
cover the cost of its activities.
2006, c. 4, s. 11.
12.The Board
is composed of nine members, including a chair and executive director.
The Government appoints two members, including the chair and executive
director.
The Conseil de promotion de l’agroalimentaire québécois
incorporated by letters patent issued under Part III of the Companies
Act (R.S.Q., chapter C-38) appoints a member from each of the following
groups:
producers;
processors;
distributors;
retailers;
certification bodies;
consumers; and
producers of products that contain alcohol.
The Conseil de promotion de l’agroalimentaire
québécois chooses each of these seven members from among
the candidates proposed by the representative associations for the group
concerned; those associations collectively propose three to five candidates.
If the Conseil de promotion de l’agroalimentaire québécois
fails to make those appointments, the Minister designates another legal
person with similar activities.
2006, c. 4, s. 12.
13.The members
of the Board are appointed for a term not exceeding three years in such
a manner that two positions on the Board become vacant each year. On
the expiry of their term, the members remain in office until replaced
or reappointed.
2006, c. 4, s. 13.
14.A
member of the Board may resign by sending a written notice of resignation
to the Minister.
2006, c. 4, s. 14.
15.The
Board assigns the following functions to committees:
to design an accreditation manual in keeping with the criteria
and requirements prescribed by regulation of the Minister, to assess
specification manuals, to assess, at the Minister’s request
to the Board, the special characteristics of products that may qualify
for an added-value claim, and to assess the advisability of holding
consultations on proposed amendments to a specification manual;
to assess, in light of the applicable accreditation manual and
through such means as inspection plans designed to verify the compliance
of a product with the specification manual or the regulation authorizing
the relevant addedvalue claim, the capacity of certification bodies
to administer a certification program, and to ensure that accredited
certification bodies comply with the standards and criteria set out
in the applicable accreditation manual; and
to monitor the use of recognized reserved
designations and authorized added-value claims, and to assess suitable
means or proceedings to prevent the unlawful use of those designations
and claims.
Each committee is composed of members qualified
in the matters within its purview. The functions set out in subparagraphs
1, 2 and 3 must be exercised by separate committees.
The Board makes a decision on an accreditation manual, an accreditation,
consultations or suitable means and proceedings once an assessment has
been submitted by the competent committee.
2006, c. 4, s. 15.
16.The chair and
executive director is responsible for the administration and general management
of the Board. The position of chair and executive director is a full-time
position.
The chair and executive director calls and presides at meetings of the
Board and sees to the proper conduct of business. The chair and executive
director, if absent or unable to act, is replaced by the member designated
by the chair and executive director. If that member or another member
is absent or unable to act, the Government may appoint a replacement.
2006, c. 4, s. 16.
17.The
chair and executive director is entitled to remuneration and employment
benefits in accordance with the standards and scales set by the Government.
The other members of the board of directors receive no remuneration. They
are entitled, however, to the reimbursement of expenses incurred in the
exercise of their functions on the conditions and to the extent determined
by the internal by-laws. 2006, c. 4, s. 17.
18.The
Board may appoint a secretary and hire the personnel it requires to carry
out its functions. The secretary of the Board and the other members of
its personnel are appointed in accordance with the staffing plan established
by by-law of the Board.
The Board determines the standards and scales of remuneration, employment
benefits and other conditions of employment of the members of its personnel
by by-law, subject to the provisions of a collective agreement.
2006, c. 4, s. 18.
19.The quorum
at meetings of the Board is the majority of its members, including the
chair and executive director or the person replacing the chair and executive
director.
Decisions of the Board are made by a majority vote of the members present.
In the case of a tie vote, the person presiding at the meeting has a casting
vote.
2006, c. 4, s. 19.
20.No member
of the Board may have a direct or indirect interest in a certification
body.
A member who has a direct or indirect interest in an enterprise causing
the member’s personal interest to conflict with the interest of
the Board must, on pain of forfeiture of office, disclose the interest
in writing and abstain from participating in any decision involving the
enterprise.
2006, c. 4, s. 20.
21. The
members of the Board may waive notice of a meeting. Attendance at a meeting
constitutes a waiver of notice, unless the members are present for the
sole purpose of contesting the legality of the meeting.
2006, c. 4, s. 21.
22.The
members of the Board may, in the cases and on the conditions specified
in the internal by-laws, take part in a meeting of the Board from separate
locations by means of equipment allowing all of them to communicate directly
with one another.
2006, c. 4, s. 22.
23.The
minutes of the meetings of the Board, approved by the Board and certified
by the chair and executive director or the secretary, are authentic. The
same applies to documents and copies of documents emanating from the Board
or forming part of its records, if they are so certified.
2006, c. 4, s. 23.
24.An intelligible
transcription of a decision or other data stored by any technological
means is a document of the Board and is evidence of its contents if it
is certified by a person referred to in section 23.
2006, c. 4, s. 24.
25.A deed,
document or writing is binding on and may be attributed to the Board only
if it is signed by the chair and executive director or the secretary.
2006, c. 4, s. 25.
26.The internal
by-laws of the Board may, subject to specified conditions, allow a signature
to be affixed by means of an automatic device or a facsimile of a signature
to be engraved, lithographed or printed on specified documents. However,
the facsimile has the same force as the signature itself only if the document
is countersigned by a person referred to in section 23.
2006, c. 4, s. 26.
27.If the secretary
or a member of the personnel of the Board has a direct or indirect interest
in an enterprise causing that person’s personal interest to conflict
with the interest of the Board, the person must, on pain of dismissal,
disclose the interest in writing to the chair and executive director.
2006, c. 4, s. 27.
28.No judicial
proceedings may be brought against a member, the secretary or the personnel
of the Board for an act done in good faith in the exercise of their functions.
2006, c. 4, s. 28.
29.Any personal
or other information held by the Board for the purposes of this Act and
required for the purposes of section 4 of the Food Products Act (R.S.Q.,
chapter P-29) or a regulation under paragraph e, h or m of section 40
of that Act must be sent to the Minister.
The first paragraph applies despite sections 23, 24 and 28 of the Act
respecting Access to documents held by public bodies and the Protection
of personal information.
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