EDUCATION ACT – THE ELEMENTS OF BILL 86 AS OF DEC 4th, 2015

THIS IS A SIMULATION OF THE EDUCATION ACT INCORPORATING
THE ELEMENTS OF BILL 86 AS OF DEC 4^th, 2015.

• TEXT INSERTED BY BILL 86 APPEARS IN RED
• DELETED TEXT IS STRICKEN & ITALICIZED
• TRANSITIONAL ARTICLES FOLLOW ON PAGE 234
• RELATED LEGISLATIVE CHANGES FOLLOW ON PAGE 243

THIS DOCUMENT IS PREPARED FOR STUDY PURPOSE ONLY
ANY ERRORS ARE THOSE OF THE EDITOR, NOEL BURKE

EDUCATION ACT

CHAPTER I

STUDENTS

DIVISION I

STUDENTS’ RIGHTS

1. Every person is entitled to the preschool education services and elementary and secondary school instructional services provided for by this Act and by the basic school regulation made by the Government under section 447, from the first day of the school calendar in the school year in which he attains the age of admission to the last day of the school calendar in the school year in which he attains 18 years of age, or 21 years of age in the case of a handicapped person within the meaning of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1).

Every person is also entitled to other educational services, student services and special educational services provided for by this Act and the basic school regulation referred to in the first paragraph and to the educational services prescribed by the basic vocational training regulation established by the Government under section 448, within the scope of the programs offered by the school board.

The age of admission to preschool education is 5 years on or before the date prescribed by the basic school regulation; the age of admission to elementary school education is 6 years on or before the same date.

1988, c. 84, s. 1; 1990, c. 78, s. 24, s. 54; 1997, c. 96, s. 1; 2004, c. 31, s. 71.

2. Every person no longer subject to compulsory school attendance is entitled to the educational services prescribed by the basic regulations established by the Government under section 448, within the scope of the programs offered by the school board pursuant to this Act.

1988, c. 84, s. 2; 1990, c. 78, s. 25; 1997, c. 96, s. 2.

3. The educational services provided for by this Act and prescribed by the basic school regulation established by the Government under section 447 shall be provided free to every resident of Quebec entitled to them under section 1. In addition, those educational services shall also be provided free to a student entitled to them under section 1 who is not a resident of Quebec, unless that student belongs to a category excluded by government regulation

Literacy services and the other learning services prescribed by the basic school regulation for adult education shall be provided free to residents of Quebec contemplated in section 2, subject to the conditions prescribed by the said regulation.

The educational services prescribed by the basic vocational training regulation shall be provided free to every resident of Quebec, subject, however, to the conditions determined in the basic regulation if the person is 18 years of age or older, or 21 years of age or older in the case of a handicapped person within the meaning of the Act to secure the handicapped in the exercise of their rights (chapter E-20.1).

1988, c. 84, s. 3; 1990, c. 78, s. 26, s. 54; 1997, c. 96, s. 3.

4. Every student, or the student’s parents if the student is not of full age, shall have the right to choose, every year, the school that best reflects their preferences from among the schools of the school board whose jurisdiction the student comes under that provide services to which the student is entitled.

The exercise of the right to choose a school is subordinate to the enrollment criteria established pursuant to section 239 where the number of applications for enrollment in a school exceeds the school’s capacity, and, in the case of a school with a special project or a school having a regional or provincial role, subordinate to the enrollment criteria established by the school board pursuant to section 240 or 468.

The exercise of the right does not entail the right to require transportation services where the transportation services required for the student concerned exceed the limits established by the school board.

1988, c. 84, s. 4; 1990, c. 8, s. 1; 1997, c. 96, s. 4.

5. (Repealed).

1988, c. 84, s. 5; 1990, c. 78, s. 54; 1997, c. 47, s. 52; 1997, c. 96, s. 5; 2000, c. 24, s. 17; 2005, c. 20, s. 1.

6. Students other than those enrolled in vocational training or adult education are entitled to student services in spiritual care and guidance and community involvement.

1988, c. 84, s. 6; 1990, c. 78, s. 54; 1997, c. 96, s. 6; 2000, c. 24, s. 18.

7. Students other than those enrolled in adult education have a right to the free use of textbooks and other instructional material required for the teaching of programs of studies until the last day of the school calendar of the school year in which they reach 18 years of age, or 21 years of age in the case of handicapped persons within the meaning of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1). Each student shall have the personal use of the textbook chosen pursuant to section 96.15 for each compulsory and elective subject in which the student receives instruction.

The right of free use does not extend to documents in which students write, draw or cut out.

Instructional material does not include pencils, paper and other objects of a like nature.

1988, c. 84, s. 7; 1990, c. 78, s. 54; 1997, c. 96, s. 7; 2004, c. 31, s. 71.

8. (Repealed).

1988, c. 84, s. 8; 2012, c. 19, s. 1.

9. A student or parents of a student affected by a decision of the school council, the executive committee or the governing board, or of an officer or employee of the school board may request the school council to reconsider the

1988, c. 84, s. 9; 1997, c. 96, s. 8.

10. The request of the student or his parents shall be made in writing and shall briefly set forth the grounds on which it is made. It shall be transmitted to the secretary general of the school board.

The secretary general shall assist every student or parent of a student requiring assistance in the formulation of his request.

1988, c. 84, s. 10.

11. The school council shall dispose of the request without delay.

It may submit the request for examination by a person whom it designates or by a committee which it establishes; such person or committee shall make a report of his or its findings and accompany the report, if it seems appropriate to do so, with recommendations.

During the examination of the request, the interested parties shall have the opportunity to present their points of view.

1988, c. 84, s. 11.

12. The school council may, if it considers that the request is founded, overturn, entirely or in part, the decision contemplated by the request and make the decision which, in its opinion, ought to have been made in the first instance.

The person who made the request and the author of the contested decision shall be notified of the council’s new decision and informed of the grounds on which it was made.

1988, c. 84, s. 12.

13. In this Act,

• the words “school year” mean the period commencing on 1 July in a year and ending on 30 June in the year following;
  • the word “bullying” means any repeated direct or indirect behaviour, comment, act or gesture, whether deliberate or not, including in cyberspace, which occurs in a context where there is a power imbalance between the persons concerned and which causes distress and injures, hurts, oppresses, intimidates or ostracizes;
• the word “parent” means the person having parental authority or, unless that person objects, the person having custody de facto of the student;
• the word “violence” means any intentional demonstration of verbal, written, physical, psychological or sexual force which causes distress and injures, hurts or oppresses a person by attacking their psychological or physical integrity or well-being, or their rights or property.

1988, c. 84, s. 13; 2012, c. 19, s. 2.

DIVISION II

COMPULSORY SCHOOL ATTENDANCE

14. Every child resident in Quebec shall attend school from the first day of the school calendar in the school year following that in which he attains 6 years of age until the last day of the school calendar in the school year in which he attains 16 years of age or at the end of which he obtains a diploma awarded by the Minister, whichever occurs first.

1988, c. 84, s. 14; 1990, c. 8, s. 2.

15. The following students are exempt from compulsory school attendance:

• a student excused by the school board by reason of illness or for the purpose of receiving medical treatment or care required by his state of health;
• a student excused by the school board, at the request of his parents and after consultation with the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities established under section 185, by reason of a physical or mental handicap which prevents him from attending school;
• a student expelled from school by the school board pursuant to section 242;
• a student who receives home schooling and benefits from an educational experience which, according to an evaluation made by or for the school board, are equivalent to what is provided at school.

A child is excused from attending public school if he attends a private educational institution governed by the Act respecting private education (chapter E-9.1) or an institution whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministere des Relations internationales (chapter M-25.1.1) which provides all or part of the educational services provided for by this Act.

A child is also excused from attending public school if the child attends a vocational training centre or receives instruction in an enterprise that meets the conditions determined by the Minister in a regulation under paragraph 7 of section 111 of the Act respecting private education.

In addition, the school board may exempt one of its students, at the request of his parents, from compulsory school attendance for one or more periods totalling not more than six weeks in any school year, to allow him to carry out urgent work.

1988, c. 84, s. 15; 1990, c. 8, s. 3; 1990, c. 78, s. 27; 1992, c. 68, s. 143; 1994, c. 15, s. 33; 1996, c. 21, s. 70; 1997, c. 96, s. 9.

16. (Repealed).

1988, c. 84, s. 16; 1999, c. 52, s. 13.

17. Parents must take the necessary measures to ensure that their child attends school as required.

1988, c. 84, s. 17.

18. The principal shall ascertain, in the manner determined by the school board, that students attend school regularly.

Where a student is repeatedly absent without a valid excuse, the principal or the person designated by him shall intervene with the student and his parents to come to an agreement with them and with the persons providing the school social services with respect to the most appropriate measures to remedy the situation.

When the intervention does not allow the situation to be remedied, the principal, after notifying the parents of the student in writing, shall report it to the director of youth protection.

1988, c. 84, s. 18; 1990, c. 8, s. 5.

DIVISION III

STUDENTS’ OBLIGATIONS

• . Students shall conduct themselves in a civil and respectful manner toward their peers and school board personnel.

They shall contribute to creating a healthy and secure learning environment. To that end, they shall take part in civics and anti-bullying and anti-violence activities held by their school.

2012, c. 19, s. 3.

• Students shall take good care of the property placed at their disposal and return it when school activities have ended.

If a student fails to take care of or return the property, the school board may claim the value of the property from the student’s parents if the student is a minor, or from the student if the student is of full age.

2012, c. 19, s. 3.

CHAPTER II

TEACHERS

DIVISION I

TEACHERS’ RIGHTS

19. In accordance with the educational project of the school and subject to the provisions of this Act, the teacher has the right to govern the conduct of each group of students entrusted to his care.

As a key pedagogical expert, the teacher is entitled, in particular,

• to select methods of instruction corresponding to the requirements and objectives fixed for each group or for each student entrusted to his care;
• to select the means of evaluating the progress of students so as to examine and assess continually and periodically the needs and achievement of objectives of every student entrusted to his care.

1988, c. 84, s. 19.

20. (Repealed).

1988, c. 84, s. 20; 1990, c. 78, s. 28, s. 54; 1997, c. 47, s. 52; 2005, c. 20, s. 1.

21. (Repealed).

1988, c. 84, s. 21; 1990, c. 78, s. 29, s. 54; 1997, c. 47, s. 52; 2005, c. 20, s. 1.

DIVISION II

TEACHERS’ OBLIGATIONS

22. A teacher shall

• contribute to the intellectual and overall personal development of each student entrusted to his care;
• take part in instilling into each student entrusted to his care a desire to learn;
• take the appropriate means to foster respect for human rights in his students;
• act in a just and impartial manner in his dealings with his students;
• take the necessary measures to promote the quality of written and spoken language;
• take the appropriate measures to attain and maintain a high level of

professionalism;

• collaborate in the training of future teachers and in the mentoring of newly qualified teachers;
• comply with the educational project of the school.

1988, c. 84, s. 22; 1990, c. 78, s. 30; 1997, c. 96, s. 10.

DIVISION III

TEACHING LICENCE

• . The Minister may verify a declaration concerning a judicial record required under this division, or have it verified, in particular by a Quebec police force, and communicate and receive any information needed for the purposes of the verification.

2005, c. 16, s. 1.

• For the purposes of this division, the information concerning a judicial record provided for in its provisions may be gathered, used and kept only with a view to ensuring the safety and well-being of the students.

2005, c. 16, s. 1.

23. To provide preschool education services or to teach at the elementary or secondary level, a teacher must hold a teaching licence determined by regulation of the Minister of Education, Recreation and Sports. Teaching licences shall be issued by the Minister of Education, Recreation and Sports.

The following persons shall be exempt from the obligation set out in the first paragraph:

• a teacher hired by the lesson or by the hour;
  • a person who provides instruction in an enterprise that meets the conditions determined by the Minister in a regulation under paragraph 7 of section 111 of the Act respecting private education (chapter E-9.1);
• a casual supply teacher;
• a person providing instruction which does not have as its object, within the meaning of the basic regulations, the obtaining of a diploma, certificate or other official attestation awarded by the Minister or the obtaining of an attestation of qualification issued by a school board pursuant to section 223 or 246.1;
• a person assigned to teaching duties by a school board pursuant to section 25.

1988, c. 84, s. 23; 1990, c. 78, s. 54; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 96, s. 11; 1997, c. 96, s. 164; 2005, c. 28, s. 195.

24. (Repealed).

1988, c. 84, s. 24; 2005, c. 16, s. 2.

25. In exceptional circumstances, the Minister may authorize a school board, on the conditions and for the period he determines, to engage as preschool education providers or elementary or secondary-level teachers persons who do not hold a teaching licence.

1988, c. 84, s. 25; 1997, c. 96, s. 12.

• 1. — Conditions relating to an application for a teaching licence
  • . An applicant for a teaching licence must satisfy the requirements that the Minister prescribes by regulation and send the Minister an application and a declaration concerning the applicant’s judicial record. That declaration must mention
• any conviction for a criminal or penal offence committed in Canada or elsewhere, unless a pardon has been obtained for that offence;
• any charge still pending for a criminal or penal offence committed in Canada or elsewhere; and
• any court order subsisting against the applicant in Canada or elsewhere.

The declaration form established by the Minister must mention that the Minister may verify the declaration or have it verified, in particular by a Quebec police force, and communicate and receive any information needed for the purposes of the verification.

2005, c. 16, s. 3.

• If a teaching licence has been revoked because of a conviction which, in the Minister’s opinion, is relevant to the practice of the teaching profession, or because of a serious fault committed in the exercise of the teacher’s functions or an act derogatory to the honour or dignity of the teaching profession, the person who held the teaching licence may not submit a new application to the Minister for a decision unless
• the person has obtained a pardon for the criminal or penal offence that was the reason for the revocation; or
• two years have passed since the date of the revocation and the person’s behaviour has been above reproach during that time.

2005, c. 16, s. 3.

• 2. — Declarations of a person holding a teaching licence
• If the Minister has reasonable grounds to believe that a person holding a teaching licence has a judicial record, the person may be required to send the Minister a declaration concerning the person’s judicial record. That declaration must mention
• any conviction for a criminal or penal offence committed in Canada or elsewhere, unless a pardon has been obtained for that offence;
• any charge still pending for a criminal or penal offence committed in Canada or elsewhere; and
• any court order subsisting against the person in Canada or elsewhere.

The declaration form established by the Minister must mention that the Minister may verify the declaration or have it verified, in particular by a Quebec police force, and communicate and receive any information needed for the purposes of the verification.

2005, c. 16, s. 3.

25.4 . Within 10 days of being notified of a change in the judicial record referred to in section 25.3, a person holding a teaching licence must inform the Minister of the change, regardless of whether the person has already filed a declaration concerning the person’s judicial record.

2005, c. 16, s. 3.

• 3. — Serious fault or derogatory act committed by a person holding a teaching licence

26. Any natural person may file a complaint with the Minister against a teacher for a serious fault committed in the exercise of his functions or for an act derogatory to the honour or dignity of the teaching profession.

An information stating that a teacher has had a conviction is not considered a complaint for the purposes of this subdivision.

The complaint must be in writing, include reasons and be made under oath. It must briefly state the nature of the fault alleged to have been committed by the teacher and the relevant circumstances, including the time and place. The complaint shall be received by a person designated by the Minister, who shall assist any person so requesting in drawing up the complaint.

The Minister shall send a copy of the complaint to the teacher and ask him to present observations in writing to the Minister within 10 days.

1988, c. 84, s. 26; 1990, c. 78, s. 54; 1997, c. 43, s. 314; 2005, c. 16, s. 4.

27. The Minister may dismiss any complaint he considers to be frivolous or excessive. He shall in that case notify the complainant and the teacher and give them the reasons for the dismissal.

1988, c. 84, s. 27; 1997, c. 43, s. 315.

28. Where the Minister considers that the complaint is admissible and the teacher has not admitted to having committed the alleged fault, the Minister shall set up an inquiry committee to which he shall submit the complaint.

The committee shall be composed of three members, including a chair, selected from among the members of the Barreau, who in the opinion of the Minister is familiar with the educational community. The other two members shall be selected after consultation with bodies which the Minister considers to be most representative of administrators of educational institutions, of the teachers in those institutions and of the parents of students attending such institutions. The members shall serve until the committee has established whether or not the complaint is well- founded.

The salary of the committee members and the rules relating to the reimbursement of expenses incurred in the exercise of their functions shall be fixed by regulation of the Minister.

1988, c. 84, s. 28; 1990, c. 78, s. 54; 1997, c. 43, s. 316; 2008, c. 29, s. 34.

29. The Minister may, if the acts alleged to have been committed by the teacher are such that, were they to continue or be repeated, the quality of educational services or the safety of students would be seriously jeopardized, and after consultation with the inquiry committee, order the school board to relieve the teacher of his functions, with pay, for the duration of the investigation.

However, the Minister is not required to consult the committee if the urgency of the situation does not allow it.

1988, c. 84, s. 29; 1990, c. 78, s. 54; 1997, c. 43, s. 317.

30. Within 30 days following the filing of the complaint and of the documents relating to it, the committee shall meet the teacher and the complainant to endeavour to establish whether or not the complaint is well- founded.

The committee may require any person to provide it with any information it considers necessary, and examine any relevant file.

No person may hinder the inquiry committee in any way in the exercise of its functions, mislead the committee by withholding information or making false statements, or refuse to provide any information or document relating to the inquiry or to allow the committee to make copies of such a document.

1988, c. 84, s. 30; 1997, c. 43, s. 318.

31 . The committee cannot sit if one of its members is absent.

1988, c. 84, s. 31.

32. In conducting their inquiry, the members of the committee have the immunity provided for in sections 16 and 17 of the Act respecting public inquiry commissions (chapter C-37).

1988, c. 84, s. 32; 1997, c. 43, s. 319.

33. After giving the teacher the opportunity to present observations, and within 120 days of the filing of the complaint, the committee shall establish whether or not the complaint is well-founded.

The committee shall transmit its findings, with reasons, to the Minister, the complainant, the teacher and the school board.

1988, c. 84, s. 33; 1997, c. 43, s. 320.

• 4. — Decisions of Minister regarding teaching licences

34. The Minister shall issue or renew a teaching licence if the applicant respects the required conditions.

1988, c. 84, s. 34; 1997, c. 43, s. 321; 2005, c. 16, s. 5.

• . The Minister may not issue a teaching licence if the applicant has been convicted of a criminal or penal offence committed in Canada or elsewhere which, in the Minister’s opinion, is relevant to the practice of the teaching profession, unless a pardon has been obtained for that offence.

1997, c. 43, s. 322; 2005, c. 16, s. 5.

34.2. If a charge for a criminal or penal offence is still pending in Canada or elsewhere against the applicant for the issue of a teaching licence, or if the applicant is under a court order in Canada or elsewhere, the Minister shall defer the examination of the application if of the opinion that the offence or order is relevant to the practice of the teaching profession.

1997, c. 43, s. 322; 2005, c. 16, s. 5.

• The Minister may refuse to renew a teaching licence, or may suspend or revoke it or attach conditions to it if the licence holder
• has been convicted of a criminal or penal offence committed in Canada or elsewhere which, in the Minister’s opinion, is relevant to the practice of the teaching profession, unless a pardon has been obtained for that offence;
• fails to provide a declaration concerning his judicial record or makes false statements on such a declaration;
• fails to inform the Minister of a change in his judicial record; or
• admits to having committed a serious fault in the exercise of his functions, or an act derogatory to the honour or dignity of the teaching profession, or, in the opinion of the inquiry committee, has committed such a fault or act.

In addition, the Minister may revoke a teaching licence if the licence holder has failed to respect the conditions attached to it by the Minister.

1997, c. 43, s. 322; 2005, c. 16, s. 5.

• If a charge is still pending against a person holding a teaching licence for a criminal or penal offence committed in Canada or elsewhere which, in the Minister’s opinion, is relevant to the practice of the teaching profession, the Minister shall submit the case to the inquiry committee so that it may establish whether, in its opinion, the teacher has committed a serious fault in the exercise of the teacher’s functions, or an act derogatory to the honour or dignity of the teaching profession. Sections 29 to 33 apply in such a case, with the necessary modifications.

The same applies if the person holding a teaching licence is under a court order in Canada or elsewhere which, in the Minister’s opinion, is relevant to the practice of the teaching profession.

2005, c. 16, s. 5.

• If the Minister considers it expedient, a committee of experts may be established to advise the Minister on how to assess the relevance of a judicial record to the practice of the teaching profession.

The committee is made up of persons appointed by the Minister who have expertise, experience and a marked interest in the protection of minors.

2005, c. 16, s. 5.

• Before making a decision referred to in section 34.1,34.2 or 34.3, the Minister must notify the applicant or the licence holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3), and allow the applicant or licence holder at least 10 clear days, or, in the case of a revocation for non-compliance with the conditions attached to a teaching licence, at least 30 days, to submit observations.

The Minister must also notify the applicant or the licence holder in writing of the decision, giving the reasons for it, and inform the applicant or licence holder of the right to contest the decision before the Administrative Tribunal of Quebec, and of the applicable time limit.

2005, c. 16, s. 5.

34.7 . A decision of the Minister referred to in section 34.1,34.2 or 34.3 may be contested before the Administrative Tribunal of Quebec within 60 days of notification of the decision.

A proceeding brought before the Tribunal suspends the execution of the Minister’s decision, unless the Tribunal, on a motion heard and decided by preference, orders otherwise owing to the serious risk to the quality of educational services or the safety of the students.

2005, c. 16, s. 5.

34.8. If applicable, the Minister shall give the school board that employs the person holding the teaching licence and the person who filed the complaint that gave rise to the decision a written notice of the decision not to renew the licence, to suspend or revoke it or to attach conditions to it, and include the reasons for the decision.

2005, c. 16, s. 5.

35. The Minister may at any time suspend, revoke or attach conditions to an authorization granted under section 25 if the school board fails to fulfil the conditions of the authorization. The Minister shall transmit a copy of his decision, with reasons, to the school board and to the teacher.

1988, c. 84, s. 35.

CHAPTER III

SCHOOLS

DIVISION I

ESTABLISHMENT

36. In keeping with the principle of equal opportunity, the school’s mission is to impart knowledge to students, foster their social development and give them qualifications, while enabling them to undertake and achieve success in a course of study. The school shall pursue its mission within the framework of an educational project.

The school’s role, as an educational institution whose purpose is to provide, to the persons entitled to them under section 1, the educational services provided for by this Act and prescribed by the basic school regulation established by the Government under section 447, is central to students’ development. The school shall, in particular, target school perseverance and academic success for the greatest number of students and facilitate the spiritual development of students so as to promote self­fulfilment.

A further purpose of the school is to contribute to the social and cultural development of the community. .

1988, c. 84, s. 36; 1990, c. 78, s. 54; 1997, c. 96, s. 13; 2000, c. 24, s. 19; 2002, c. 63, s. 2.

37. The school’s educational project, which may be updated if necessary, shall contain

• the context in which the school acts and the main challenges it faces, particularly with respect to academic success;
• the specific policies of the school and the objectives selected for improving student success;
• the results targeted over the period covered by the educational project;
• the measures selected to achieve the objectives and results targeted;
• the indicators to be used to measure achievement of those objectives and results; and
• the intervals at which the educational project is to be evaluated, determined in collaboration with the school board.

The policies and objectives required under subparagraph 2 of the first paragraph shall be designed to ensure that the Quebec education policy framework defined by law, the basic school regulation and the programs of studies established by the Minister is implemented, adapted and enriched. They must also be consistent with the school board’s commitment-to- success plan.

The school’s educational project must respect students’, parents’ and school staff’s freedom of conscience and of religion.

• . The educational project must take into account the period covered by the school board’s commitment-to-success plan in accordance with any terms prescribed under the first paragraph of section 459.3.
• . At the request of the school board and after consultation with the school’s governing board, the school shall provide preschool educational services to students enrolled in accordance with section 224.1.

2013, c. 14, s. 1.

38. At the request of the school board, a school shall provide a general education program to students enrolled in a vocational training program provided by a vocational training centre or by an enterprise that meets the conditions determined by the Minister in a regulation under paragraph 7 of section 111 of the Act respecting private education (chapter E-9.1).

1988, c. 84, s. 38; 1997, c. 96, s. 13.

39. Schools shall be established by the school board.

The deed of establishment shall state the name and address of the school, indicate the premises or immovables placed at the school’s disposal and specify the level of instruction the school is to provide. It shall also state the cycle or, exceptionally, the part of cycle of the level of instruction concerned and specify if the school provides preschool education.

1988, c. 84, s. 39; 1997, c. 96, s. 13; 2006, c. 51, s. 88.

40. A school board may, after consulting with the governing board or at its request, amend or revoke the deed of establishment of a school in keeping with the three-year plan of allocation and destination of the school board immovables.

1988, c. 84, s. 40; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

41 . Where the deed of establishment of the school places more than one immovable at the disposal of the school, the school board, after consulting with the principal, may appoint a person to be responsible for each immovable and determine that person’s functions.

The persons appointed shall perform their functions under the authority of the principal.

1988, c. 84, s. 41; 1997, c. 96, s. 13.

DIVISION II

GOVERNING BOARD

• 1. — Composition

42. A governing board shall be established for each school.

The governing board, which shall have not more than 20 members, shall include the following persons:

• at least four parents of students attending the school who are not members of the school staff, elected by their peers;
• at least four members of the school staff, including at least two teachers and, if the persons concerned so decide, at least one non­teaching staff member and at least one support staff member, elected by their peers;
• in the case of a school providing education to students in the second cycle of the secondary level, two students in that cycle elected by the students enrolled at the secondary level or, as the case may be, appointed by the students’ committee or the association representing those students;
• in the case of a school where childcare is organized for children at the preschool and elementary school level, a member of the staff assigned to childcare, elected by his or her peers;
• two representatives of the community who are not members of the school staff, appointed by the members elected under subparagraphs 1 to 4.

The community representatives on the governing board are not entitled to vote.

A substitute member may, for each of the subparagraphs of the second paragraph, be appointed or elected, as applicable, to attend and vote at meetings of the governing board when a regular member is unable to do so.

1988, c. 84, s. 42; 1990, c. 8, s. 6; 1990, c. 78, s. 54; 1997, c. 96, s. 13; 2001, c. 46, s. 1.

43. The school board shall determine the number of parents’ representatives and staff representatives on the governing board after consulting with each group concerned.

The total number of seats for staff representatives referred to in subparagraphs 2 and 4 of the second paragraph of section 42 must be equal to the number of seats for parents’ representatives.

1988, c. 84, s. 43; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

44. Where fewer than 60 students are enrolled in a school, the school board may, after consulting with the parents of the students attending the school and with the school staff, vary the rules governing the composition of the governing board provided in the second paragraph of section 42.

However, the total number of seats for staff representatives must be equal to the total number of seats for parents’ representatives.

1988, c. 84, s. 44; 1997, c. 96, s. 13.

45. School council members cannot be members of the governing board of a school under the authority of the school board with the exception of the principal of that school.

However, if so authorized by the governing board, a school council member may take part in meetings of the governing board but is not entitled to vote. .

1988, c. 84, s. 45; 1997, c. 96, s. 13; 2008, c. 29, s. 2.

46. The principal of the school shall take part in the meetings of the governing board but is not entitled to vote.

1988, c. 84, s. 46; 1997, c. 96, s. 13.

• 2. — Formation

47. Each year during the period beginning on the first day of the school year and ending on the last day of September, the chair of the governing board or, if there is none, the principal shall, by written notice, call a meeting of the parents of the students who attend the school to elect parents’ representatives to the governing board. The notice shall be sent at least four days before the meeting is to be held.

At the meeting, the parents shall elect a representative to the parents’ committee established under section 189 from among their representatives on the governing board.

At the meeting, a second parents’ representative on the governing board may be designated as a substitute to attend and vote at meetings of the parents’ committee when the representative elected for that purpose is unable to do so.

The term of office of a member of the parents’ committee who is elected or appointed to the school council ends on the date the member takes office on that council. .

1988, c. 84, s. 47; 1990, c. 78, s. 31; 1997, c. 96, s. 13; 2008, c. 29, s. 3; 2013, c. 15, s. 5.

48. During the month of September each year, the teachers of the school shall hold a meeting to elect their representatives to the governing board according to the procedure set out in their collective agreement or, failing that, according to the procedure determined by the principal after consulting with the teachers.

1988, c. 84, s. 48; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

49. During the month of September each year, the members of the non­teaching professional staff who provide services to the students of the school shall hold a meeting to elect their representatives to the governing board according to the procedure set out in the collective agreement of the non-teaching professional staff or, failing that, according to the procedure determined by the principal after consulting with the persons concerned.

1988, c. 84, s. 49; 1997, c. 96, s. 13.

50. During the month of September each year, the members of the support staff who provide services at the school and the members of the school staff who provide childcare for children at the preschool and elementary school level, if any, shall hold meetings to elect their representatives to the governing board according to the procedure set out in the collective agreement of the support staff or, failing that, according to the procedure determined by the principal after consulting with the persons concerned.

1988, c. 84, s. 50; 1997, c. 96, s. 13.

51. During the month of September each year, the students’ committee or the association representing the students, if any, shall appoint students’ representatives to the governing board.

Failing that, the principal shall preside over the election of students’ representatives to the governing board in accordance with the rules established by the principal after consulting with the students enrolled at the secondary level.

 

52. Where the meeting of parents called pursuant to section 47 fails to elect the required number of parents’ representatives, the principal shall exercise the functions and powers of the governing board.

The fact that the representatives of any other group fall short of the required number shall not prevent the formation of the governing board.

1988, c. 84, s. 52; 1997, c. 96, s. 13.

53. The members of the governing board shall take office as soon as all members to be elected under subparagraphs 1 to 4 of the second paragraph of section 42 have been elected or not later than 30 September, whichever occurs first.

1988, c. 84, s. 53; 1990, c. 78, s. 32; 1997, c. 96, s. 13; 2001, c. 46, s. 2.

54. The term of office of parents’ representatives on the governing board is two years and the term of office of the representatives of other groups is one year.

However, the term of office of half of the first parents’ representatives, elected by the meeting of parents, is one year.

The members of the governing board shall remain in office until they are reelected, reappointed or replaced.

1988, c. 84, s. 54; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

55. A parents’ representative whose child no longer attends the school may remain a member of the governing board until the next meeting held pursuant to section 47.

A vacancy resulting from the departure of a parents’ representative shall be filled, for the unexpired portion of the representative’s term, by a parent designated by the other parents’ representatives on the governing board.

A vacancy resulting from the departure or disqualification of any other member of the governing board is filled, for the unexpired portion of the term, according to the mode of appointment prescribed for the member to

 

be replaced.

• 3. — Operation

56. The governing board shall choose its chair from among the parents’ representatives on the governing board who are not members of the personnel of the school board.

1988, c. 84, s. 56; 1997, c. 96, s. 13.

57. The principal shall preside over the governing board until the chair is elected.

1988, c. 84, s. 57; 1997, c. 96, s. 13.

58. The term of office of the chair is one year.

1988, c. 84, s. 58; 1997, c. 96, s. 13.

59. The chair of the governing board shall preside at meetings of the governing board.

1988, c. 84, s. 59; 1997, c. 96, s. 13.

60. If the chair is absent or unable to act, the governing board shall designate a person from among the members who are eligible for the office of chair to exercise the functions and powers of the chair.

1988, c. 84, s. 60; 1990, c. 8, s. 8; 1997, c. 96, s. 13.

60.1. (Replaced).

1990, c. 8, s. 8; 1997, c. 96, s. 13.

61 . A majority of the members of the governing board who are in office, including at least half of the parents’ representatives, is a quorum of the governing board.

 

62. If the governing board is unable to hold a meeting for lack of a quorum after three consecutive notices have been sent at intervals of at least seven days, the school board may order that the functions and powers of the governing board be suspended for the period determined by the school board and that they be exercised by the principal.

1988, c. 84, s. 62; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

63. The decisions of the governing board are made by a majority vote of the members present and entitled to vote.

If votes are equally divided, the chair has a casting vote.

1988, c. 84, s. 63; 1997, c. 96, s. 13.

64. Every decision of the governing board must be made in the best interests of the students.

1988, c. 84, s. 64; 1997, c. 96, s. 13.

65. The governing board may hold its meetings on the school premises.

The governing board may also use the school’s administrative support services and facilities free of charge, subject to the conditions determined by the principal.

1988, c. 84, s. 65; 1997, c. 96, s. 13.

66. The governing board shall adopt and oversee the administration of its annual operating budget and render an account thereof to the school board.

The budget must maintain a balance between expenditures, on the one hand, and the financial resources allocated to the governing board by the school board, on the other.

1988, c. 84, s. 66; 1997, c. 96, s. 13.

67. The governing board shall establish rules for its internal management.

 

The rules shall provide for at least five meetings every school year. The rules may, in particular, prescribe the procedures for preparing, organizing and holding board meetings. For that purpose, the rules shall specify how long before a meeting the documents required for decision making are to be sent to the members. If no time period is specified, a minimum of five days is required.

The governing board shall fix the date, time and place of its meetings, and inform the parents and the members of the school staff.

1988, c. 84, s. 67; 1997, c. 96, s. 13.

68. The meetings of the governing board are open to the public; however the governing board may on the recommendation of the school principal order that a meeting be closed to the public if a matter is to be examined which could cause injury to a person.

1988, c. 84, s. 68; 1997, c. 96, s. 13.

69. The minutes of the proceedings of the governing board shall be recorded in a register kept for that purpose by the principal or by a person specially designated by the principal. The register is open to the public.

The minutes, after being read and approved at the beginning of the following meeting, shall be signed by the person presiding over the meeting and countersigned by the principal or by the person designated by the principal under the first paragraph.

The reading of the minutes is not required provided that a copy of the minutes was delivered to each member present within the time period referred to in section 67 for sending the members the documents required for decision making .

A copy of an extract from the register may be obtained on payment of a reasonable fee fixed by the governing board.

1988, c. 84, s. 69; 1997, c. 96, s. 13.

70. Every member of the governing board who has a direct or indirect interest in an enterprise that places the member’s personal interest in conflict with the interest of the school must, on pain of forfeiture of office, disclose the interest in writing to the principal, abstain from voting on any matter concerning the enterprise and avoid influencing the decision relating to it. The member must, in addition, withdraw from a meeting while the matter is discussed or voted on.

A disclosure under the first paragraph must be made at the first meeting of the governing board

• after a person having such an interest becomes a member of the governing board;
• after a member of the board acquires such an interest;
• during which the matter is dealt with.

1988, c. 84, s. 70; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

71 . The members of the governing board must act within the scope of the functions and powers conferred on them, and exercise the care, prudence and diligence that a reasonable person would exercise in similar circumstances; they must also act with honesty and loyalty and in the interest of the school, the students, the parents, the school staff and the community.

1988, c. 84, s. 71; 1997, c. 96, s. 13.

72. The members of a governing board may not be prosecuted for an act performed in good faith in the exercise of governing board functions.

1988, c. 84, s. 72; 1997, c. 96, s. 13.

73. The school board shall assume the defence of any member of the governing board who is prosecuted by a third person for an act done in the exercise of governing board functions.

In the case of penal or criminal proceedings, the school board may require a member who has been prosecuted to repay the defence expenses, except if the member had reasonable grounds to believe that the act was in conformity with the law, if the proceedings were withdrawn or dismissed or if the member was discharged or acquitted.

As well, the school board may require repayment of the defence expenses by the member if the member was found liable for damage caused by an act done in bad faith in the exercise of governing board functions.

1988, c. 84, s. 73; 1997, c. 96, s. 13.

• 4. — Functions and powers 1. GENERAL FUNCTIONS AND POWERS

74. The governing board shall, with the school principal’s assistance, analyze the situation prevailing at the school, principally the needs of the students, the challenges tied to student success and the characteristics and expectations of the community served by the school. Based on the analysis and taking into account the school board’s commitment-to- success plan , the governing board shall adopt, oversee the implementation of and periodically evaluate the school’s educational project.

Each of these stages shall be carried out through concerted action between the various participants having an interest in the school and in student success. To that end, the governing board shall encourage the collaboration of students, parents, teachers and other school staff members as well as community and school board representatives. .

1988, c. 84, s. 74; 1997, c. 96, s. 13; 2002, c. 63, s. 6; 2008, c. 29, s. 4.

75 REPEALED

1988, c. 84, s. 75; 1997, c. 96, s. 13; 2002, c. 63, s. 7.

• . The governing board is responsible for adopting the anti-bullying and anti-violence plan, and any updated version of the plan, proposed by the principal.

The main purpose of the plan must be to prevent and stop all forms of bullying and violence targeting a student, a teacher or any other school staff member.

In addition to any elements the Minister may prescribe by regulation, the plan must include

• an analysis of the situation prevailing at the school with respect to bullying and violence;
• prevention measures to put an end to all forms of bullying and violence, in particular those motivated by racism or homophobia or targeting sexual orientation, sexual identity, a handicap or a physical characteristic;
• measures to encourage parents to collaborate in preventing and stopping bullying and violence and in creating a healthy and secure learning environment;
• procedures for reporting, or registering a complaint concerning, an act of bullying or violence and, more particularly, procedures for reporting the use of social media or communication technologies for cyberbullying purposes;
• the actions to be taken when a student, teacher or other school staff member or any other person observes an act of bullying or violence;
• measures to protect the confidentiality of any report or complaint concerning an act of bullying or violence;
• supervisory or support measures for any student who is a victim of bullying or violence, for witnesses and for the perpetrator;
• specific disciplinary sanctions for acts of bullying or violence, according to their severity or repetitive nature; and
• the required follow-up on any report or complaint concerning an act of bullying or violence.

A document explaining the anti-bullying and anti-violence plan must be distributed to the parents. The governing board shall see to it that the wording of the document is clear and accessible.

The anti-bullying and anti-violence plan must be reviewed each year, and updated if necessary.

2012, c. 19, s. 4.

75.2. The anti-bullying and anti-violence plan must specify the form and nature of the undertakings to be given by the principal to a student who is a victim of bullying or violence and to his or her parents.

 

	30

 

 

It must also prescribe what action must be taken by the principal to deal with the perpetrator and his or her parents, and specify the form and nature of the undertakings they must give in order to prevent any further act of bullying or violence.

2012, c. 19, s. 4.

75.3. Every school staff member shall collaborate in implementing the anti-bullying and anti-violence plan and shall see to it that no student in the school is a victim of bullying or violence.

2012, c. 19, s. 4.

76. The governing board is responsible for adopting the rules of conduct and the safety measures proposed by the principal.

In addition to the elements the Minister may prescribe by regulation, the rules of conduct must specify

• the attitudes and conduct that are required of students at all times;
• the behaviours and verbal or other exchanges that are prohibited at all times, including during school transportation, regardless of the means used, including social media; and
• the applicable disciplinary sanctions, according to the severity or repetitive nature of the prohibited act.

The rules of conduct and the safety measures must be presented to the students during a civics session held each year by the principal in collaboration with the school staff, and must be sent to the parents at the beginning of each school year.

1988, c. 84, s. 76; 1990, c. 78, s. 54; 1997, c. 96, s. 13; 2012, c. 19, s. 5.

77. The plans, rules and measures provided for in sections 75.1 to 76 shall be developed in collaboration with the school staff.

The collaboration procedure shall be established by the persons concerned at general meetings called for that purpose by the principal or, failing that, shall be determined by the principal.

 

• . Based on the principal’s proposal, the governing board shall establish the principles for determining the cost of the documents mentioned in the second paragraph of section 7. Those principles are taken into account when the choice of textbooks and instructional materials must be approved under subparagraph 3 of the first paragraph of section 96.15.

The governing board shall also approve, on the principal’s proposal, a list of the objects mentioned in the third paragraph of section 7.

The principles are established and the list is approved, taking into consideration the school board’s policy adopted under section 212.1 and the other financial contributions that may be claimed for services referred to in sections 256 and 292.

2005, c. 16, s. 6.

78. The governing board shall advise the school board concerning

• any matter the school board is required to submit to the governing board;
• any matter likely to facilitate the operation of the school;

(2.1) the school principal’s work performance for the purposes of his annual evaluation;

• any matter likely to improve the organization of the services provided by the school board.

1988, c. 84, s. 78; 1990, c. 78, s. 33; 1997, c. 96, s. 13.

79. The school board must consult with the governing board concerning

• the amendment or revocation of the deed of establishment of the school;
• the selection criteria and the addition of elements to the expertise and experience profile for the appointment of the principal;

 

• (paragraph repealed).

80. The governing board may, within the scope of its powers, enter into an agreement with another educational institution of the school board concerning the pooling of goods and services or the holding of joint activities.

1988, c. 84, s. 80; 1990, c. 78, s. 34, s. 54; 1997, c. 58, s. 47; 1997, c. 96, s. 13.

81 . The governing board shall furnish to the school board, on the date and in the form specified by the school board, any information required by the school board for the exercise of its functions.

1988, c. 84, s. 81; 1997, c. 96, s. 13.

82. The governing board shall prepare and adopt an annual activity report and shall transmit a copy of the report to the school board.

1988, c. 84, s. 82; 1997, c. 96, s. 13.

83. Each year, the governing board shall inform the parents and the community served by the school of the services provided by the school and report on the level of quality of such services.

The governing board shall communicate the school’s educational project and any evaluation of the project to the parents and the school staff. .

1988, c. 84, s. 83; 1997, c. 96, s. 13; 2002, c. 63, s. 8.

• . Each year, the governing board shall evaluate the results achieved by the school with respect to preventing and dealing with bullying and violence.

A document reporting on the evaluation must be distributed to the parents, the school staff and the Student Ombudsman.

2012, c. 19, s. 7.

 

2. FUNCTIONS AND POWERS RELATING TO EDUCATIONAL SERVICES
3. The governing board is responsible for adopting the approach proposed by the principal for the implementation of the basic school regulation.

1988, c. 84, s. 84; 1997, c. 96, s. 13.

85. The governing board is responsible for adopting the overall approach proposed by the principal for the enrichment or adaptation by the teachers of the objectives and suggested content of the programs of studies established by the Minister and for the development of local programs of studies to meet the specific needs of the students at the school.

The governing board is also responsible for adopting the conditions and procedures proposed by the principal for integrating, into the educational services provided to the students, the activities or content prescribed by the Minister in the broad areas of learning.

1988, c. 84, s. 85; 1989, c. 36, s. 258; 1997, c. 96, s. 13; 2012, c. 19, s. 8.

86. The governing board is responsible for approving the time allocation proposed by the principal for each compulsory or elective subject and shall satisfy itself

• that the compulsory objectives of the programs of studies established by the Minister will be achieved and their compulsory contents will be acquired;
• (paragraph repealed);
• that the rules governing the certification of studies prescribed by the basic school regulation are complied with.

1988, c. 84, s. 86; 1997, c. 96, s. 13; 2000, c. 24, s. 22.

87. The governing board is responsible for adopting the programming of educational activities, proposed by the principal, which entail changes in the students’ regular time of arrival and departure or which require the students to leave school premises.

 

88. The governing board is responsible for approving the approach proposed by the principal for the implementation of the student services and special educational services programs prescribed by the basic school regulation and determined by the school board, or provided for in an agreement entered into by the school board.

1988, c. 84, s. 88; 1997, c. 96, s. 13.

89. Proposals under sections 84, 87 and 88 shall be developed in collaboration with the school staff; proposals under sections 85 and 86 shall be developed in collaboration with the teachers.

The collaboration procedure shall be established by the persons concerned at general meetings called for that purpose by the principal or, failing that, shall be determined by the principal.

1988, c. 84, s. 89; 1990, c. 78, s. 35; 1997, c. 58, s. 48; 1997, c. 96, s. 13.

• . Parents on the governing board may, with the school principal’s assistance, consult the parents of the children in the school on any matter relating to educational services, in particular on report cards and on any other way in which parents are to be informed of the academic progress of their children, proposed under section 96.15.

2006, c. 51, s. 89.

3. FUNCTIONS AND POWERS RELATING TO COMMUNITY SERVICES
4. The governing board may organize educational services other than those prescribed by the basic school regulation, including instructional services outside teaching periods during the school days of the school calendar or on non-school days, and may organize social, cultural or sports services.

It may also allow other persons or organizations to organize such services on school premises.

1988, c. 84, s. 90; 1997, c. 96, s. 13.

 

 

 

91. For the purposes of section 90, the governing board may, in the name of the school board and within the scope of the school’s budget, contract with a person or body for the provision of goods or services. In addition, it may require a financial contribution from users of such goods and services.

A draft of a contract to be entered into under the first paragraph must be sent to the school board at least 20 days before its conclusion. Within 15 days after receiving it, the school board may indicate its disagreement on the ground of non-compliance with the standards governing the school board; in the absence of such indication, the contract may be concluded.

1988, c. 84, s. 91; 1997, c. 96, s. 13.

92. Revenues derived from the provision of goods and services under section 90 shall be credited to the appropriations allocated to the school.

1988, c. 84, s. 92; 1997, c. 96, s. 13.

4. FUNCTIONS AND POWERS RELATING TO PHYSICAL AND FINANCIAL RESOURCES
5. The governing board is responsible for approving the use of the premises or immovables placed at the disposal of the school, proposed by the principal, subject to the obligations imposed by law for the use of the school premises for election purposes and to agreements for the use of school premises entered into by the school board before the issue of the deed of establishment of the school.

Any agreement entered into by the governing board for the use of the premises or immovables placed at the disposal of the school requires prior authorization from the school board if the term of the agreement exceeds one year.

The governing board is responsible for approving the organization by the school board, on the school premises, of cultural, social, sports, scientific or community services.

1988, c. 84, s. 93; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

94. The governing board may, in the name of the school board, solicit and receive gifts, legacies, grants and other voluntary contributions from any person or public or private organization wishing to provide funding for school activities.

The governing board may not, however, solicit or receive gifts, legacies, grants or other contributions to which conditions incompatible with the mission of the school are attached, particularly conditions relative to any form of commercial solicitation.

The contributions received shall be paid into a designated fund created for that purpose in respect of the school by the school board; the funds making up the fund and the interest earned shall be appropriated to the school.

The school board shall keep separate books and accounts for the operations of the fund.

The management of the fund shall be supervised by the governing board; the school board must, at the request of the governing board, give access to the records of the fund and provide the governing board with any account, report or other information relating to the fund.

1988, c. 84, s. 94; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 96, s. 13.

95. The governing board is responsible for adopting the school’s annual budget proposed by the principal, and shall submit the budget to the school board for approval.

1988, c. 84, s. 95; 1997, c. 47, s. 1; 1997, c. 96, s. 13.

DIVISION III

PARENT PARTICIPATION ORGANIZATION

96. The meeting of parents called pursuant to section 47 shall decide whether or not to form a parent participation organization.

If the meeting decides to form a parent participation organization, it shall determine the name, composition and operating rules of the organization and shall elect its members.

1988, c. 84, s. 96; 1997, c. 96, s. 13.

• . Where under the deed of establishment of the school more than one immovable is placed at the disposal of the school or where the school provides both elementary and secondary instruction, the meeting of parents may establish a parent participation organization for each immovable or each level of instruction, instead of only one.

1997, c. 96, s. 13.

96.2. The purpose of a parent participation organization is to encourage the collaboration of parents in developing, implementing and periodically evaluating the school’s educational project and their participation in fostering their child’s success.

1997, c. 96, s. 13; 2002, c. 63, s. 9.

• . A parent participation organization may advise the parents’ representatives on the governing board regarding any matter of concern to parents or any matter concerning which the organization is consulted by the parents’ representatives on the governing board.

1997, c. 96, s. 13.

• . A parent participation organization may hold its meetings on the school premises.

The organization may also use the school’s administrative support services and facilities free of charge, subject to the conditions determined by the principal after consulting with the governing board.

1997, c. 96, s. 13.

DIVISION IV

STUDENT COMMITTEE

• During the month of September each year, the principal of a school providing education to students in the second cycle of the secondary level shall see to the formation of a student committee.

The students shall determine the name, composition and operating rules and elect the members of the committee.

The students may decide not to form a student committee or entrust the functions of student committee to an association representing them.

1997, c. 96, s. 13.

• The purpose of the student committee is to encourage the collaboration of students in developing, implementing and periodically evaluating the school’s educational project and their participation in fostering success and in school activities.

A further purpose of the student committee is to encourage the students to conduct themselves in a civil and respectful manner toward each other and the school staff.

The student committee may also make suggestions to the student representatives on the governing board and to the governing board, the school principal or the school council that are conducive to facilitating the proper operation of the school or the school board .

1997, c. 96, s. 13; 2002, c. 63, s. 10; 2012, c. 19, s. 9.

• The student committee or the association representing the students may, for the purpose of its functions, meet on the school premises.

1997, c. 96, s. 13.

• . The principal shall, on the recommendation of the team established under section 96.12, support any group of students wishing to conduct activities conducive to preventing and stopping bullying and violence.

2012, c. 19, s. 10.

DIVISION V

PRINCIPAL

• 1. — Appointment
• The principal of a school shall be appointed by the school board in accordance with the selection criteria established by the school board after consulting with the governing board.

The school board may designate a person to fill the position of principal temporarily, having regard to the provisions of the applicable collective agreements or regulations of the Minister.

1997, c. 96, s. 13.

• The school board may appoint one or more vice principals after consulting with the principal.

1997, c. 96, s. 13.

• A vice principal shall assist the principal in the exercise of the principal’s functions and powers.

The vice principal, or the vice principal designated by the school board, shall exercise the principal’s functions and powers if the principal is absent or unable to act.

1997, c. 96, s. 13.

96.11 . The principal may not, on pain of forfeiture of office, have any direct or indirect interest in an enterprise which places the principal’s personal interest in conflict with the interest of the school.

However, forfeiture of office is not incurred if the interest is acquired by succession or gift, provided the principal renounces or disposes of it promptly.

1997, c. 96, s. 13.

• 2. — Functions and powers
• The principal, under the authority of the director general of the school board, shall ensure that educational services provided at the school meet the proper standards of quality.

The principal is the academic and administrative director of the school and shall see to the implementation of the decisions of the governing board and of the other provisions governing the school.

The principal shall see to the implementation of the anti-bullying and anti­violence plan, and shall receive and promptly deal with all reports or complaints concerning bullying or violence.

On receiving a complaint concerning bullying or violence, and after considering the best interest of the students directly involved, the principal shall promptly communicate with their parents to inform them of the measures in the anti-bullying and anti-violence plan. The principal shall also inform them of their right to request assistance from the person specifically designated by the school board for that purpose.

For each complaint received, the principal shall send the director general of the school board a summary report on the nature of the incident and the follow-up measures taken.

The principal shall set up an anti-bullying and anti-violence team and designate a school staff member to coordinate its work as part of his or her regular duties.

1997, c. 96, s. 13; 2012, c. 19, s. 11.

• The principal shall assist the governing board in the exercise of its functions and powers and, for that purpose, the principal shall
• coordinate the analysis of the situation prevailing at the school and the development, implementation and evaluation of the school’s educational project, and send the educational project to the school board, which shall make it public;
• coordinate the development, the review and, if necessary, the updating of the anti-bullying and anti-violence plan;
• ensure that the proposals required under this chapter are prepared and submitted to the governing board for approval or adoption, as applicable;

(2.1) ensure that the governing board is provided all necessary information before approving or adopting the proposals made under this chapter;

• encourage concerted action between the parents, the students and the staff, their participation in the life of the school and their collaboration in fostering success;
• inform the governing board on a regular basis concerning the proposals approved by the principal under section 96.15.
• table at meetings of the governing board any document from the school board that is intended for the governing board.

If the principal fails or refuses to submit to the governing board a proposal concerning a matter within the purview of the governing board within 15 days of the date on which the governing board requests the proposal, the governing board may act without such a proposal.

1997, c. 96, s. 13; 2002, c. 63, s. 11; 2012, c. 19, s. 12.

• In the case of a handicapped student or a student with a social maladjustment or a learning disability, the principal, with the assistance of the student’s parents, of the staff providing services to the student, and of the student himself, unless the student is unable to do so, shall establish an individualized education plan adapted to the needs of the student. The plan must be consistent with the school board’s policy concerning the organization of services for handicapped students and students with social maladjustments or learning disabilities and in keeping with the ability and needs of the student as evaluated by the school board before the student’s placement and enrollment at the school. In addition, the plan must state that the school board has a complaint examination procedure if the parent or child is not satisfied.

The principal shall see to the implementation and periodical evaluation of the education plan and inform the student’s parents on a regular basis.

1997, c. 96, s. 13.

• The principal is responsible for approving, on the proposal of the teachers or, in the case of matters referred to in subparagraph 5, of the members of the staff concerned,
• in accordance with the policies determined by the governing board, the local programs of studies developed to meet the special needs of students;
• the criteria for the introduction of new instructional methods;
• in accordance with this Act and in keeping with the school budget, the textbooks and instructional material required for the teaching of programs of studies;
• the standards and procedures for the evaluation of student achievement, in particular, how parents are to be informed of the academic progress of their children, in keeping with the prescriptions of the basic school regulation and subject to the examinations that may be imposed by the Minister or the school board;
• the rules governing the placement of students and their promotion from one cycle to the other at the elementary level, subject to the rules prescribed by the basic school regulation.

Before approving the proposals under subparagraph 3 of the first paragraph and the proposals relating to how parents are to be informed of the academic progress of their children under subparagraph 4 of the first paragraph, the principal must consult with the governing board.

The proposals of the teachers or the staff members under this section shall be made according to the procedure determined by the teachers or the staff members at general meetings called for that purpose by the principal or, failing that, according to the procedure determined by the principal.

A proposal of the teachers or the staff members concerning a subject referred to in this section must be made within 15 days after the proposal is requested by the principal, failing which the principal may act without such proposal.

If the principal does not approve a proposal of the teachers or the staff members, the principal shall give reasons, in writing, for the decision.

1997, c. 96, s. 13; 2006, c. 51, s. 90.

• With the authorization of the Minister, a greater number of credits may be assigned to a local program of studies than the number of credits prescribed by the basic school regulation.

1997, c. 96, s. 13; 2000, c. 24, s. 23.

• Exceptionally, in the interest of a child who has not achieved the

objectives of preschool education and following a request, with reasons, made by the child’s parents, the principal may admit the child, as prescribed by regulation of the Minister, to preschool education for the school year in which he would be eligible for admission to elementary school education, if there are reasonable grounds to believe that such a measure is necessary to foster the child’s academic progress.

1997, c. 96, s. 13; 2006, c. 51, s. 91.

• Exceptionally, in the interest of a student who has not achieved the objectives or mastered the compulsory notional contents of elementary school education at the end of the period fixed by the basic school regulation for mandatory promotion to secondary school and following a request, with reasons, made by the student’s parents, the principal may admit the student, as prescribed by regulation of the Minister, to elementary school education for an additional school year, if there are reasonable grounds to believe that such a measure is necessary to foster the student’s academic progress.

1997, c. 96, s. 13; 2006, c. 51, s. 92.

• Each year, the principal shall submit a report to the school board on the number of students admitted under each of sections 96.17 and 96.18, on the date determined and in the form specified by the school board.

1997, c. 96, s. 13.

• After consulting with the school staff, the principal shall inform the school board, on the date and in the form determined by the school board, of the needs of the school in respect of each staff category and of the professional development needs of the staff.

1997, c. 96, s. 13.

96.21 . The principal is responsible for the management of the staff of the school and shall determine the duties and responsibilities of each staff member in accordance with the provisions of the applicable collective agreements or regulations of the Minister and, where applicable, with the agreements between the school board and university-level institutions concerning the training of future teachers or the mentoring of newly qualified teachers.

The principal shall see to it that all school staff members are informed of the school’s rules of conduct, safety measures and anti-bullying and anti­violence measures, and of the procedure to be followed when an act of bullying or violence is observed.

The principal shall see to the organization of such professional development activities for the school staff as agreed with the staff, in accordance with the provisions of the applicable collective agreements.

1997, c. 96, s. 13; 2000, c. 24, s. 24; 2012, c. 19, s. 13.

• After consulting with the governing board, the principal shall inform the school board of the requirements of the school as regards goods and services, and of any required improvement, equipment, construction, conversion or repair of the premises or immovables placed at the disposal of the school.

1997, c. 96, s. 13.

• The principal shall manage the physical resources of the school in keeping with the applicable standards and decisions of the school board; the principal shall render an account of such management to the school board.

1997, c. 96, s. 13.

• The principal shall prepare the annual budget of the school, submit it to the governing board for adoption, administer the budget and render an account thereof to the governing board.

The budget must maintain a balance between expenditures, on the one hand, and the financial resources allocated to the school by the school board and the school’s own revenues, on the other.

The approved school budget shall constitute separate appropriations within the school board’s budget, and the expenditures for that school shall be charged to those appropriations.

At the end of every fiscal year, the school’s surpluses shall be transferred to the school board. However, the school board may, for the following fiscal year, credit all or part of the surpluses to the school or another educational institution if the resource allocation committee recommends it. If the school council fails to implement a recommendation, it must give reasons for its decision at the meeting at which the recommendation is rejected.

If a school closes, the school’s surpluses and funds shall be transferred to the school board.

1997, c. 96, s. 13; 2008, c. 29, s. 5.

• The principal shall participate in defining the commitment-to- success plan , policies and by-laws of the school board.

1997, c. 96, s. 13; 2002, c. 63, s. 12.

• The principal shall also exercise the functions and powers delegated by the school council.

The principal shall, at the request of the school board, exercise functions other than the functions of a principal.

1997, c. 96, s. 13.

• The principal may suspend a student if, in the principal’s opinion, such a disciplinary sanction is necessary to put an end to acts of bullying or violence or to compel the student to comply with the school’s rules of conduct.

When determining the duration of the suspension, the principal shall take into account the student’s best interest, the severity of the incidents, and any previously taken measures.

The principal shall inform the student’s parents of the reasons for the suspension and of the assistance, remedial and reintegration measures imposed on the student.

The principal shall also inform the student’s parents that, in the event of any further act of bullying or violence, on a request by the principal to the school council under section 242, the student could be enrolled in another school or expelled from the schools of the school board.

The principal shall inform the director general of the school board of the decision to suspend the student.

2012, c. 19, s. 14.

CHAPTER IV

VOCATIONAL TRAINING CENTRES AND ADULT EDUCATION CENTRES

DIVISION I

ESTABLISHMENT

97. Vocational training centres are educational institutions whose mission is to provide the educational services prescribed by the basic vocational training regulation established by the Government under section 448.

Adult education centres are educational institutions whose mission is to provide to persons entitled thereto under section 2 the educational services prescribed by the basic adult education regulation established by the Government under section 448.

Centres shall pursue their mission within the framework of an educational project .

It is also the mission of centres to contribute to the social and cultural development of the community and, in the case of vocational training centres, to contribute to its economic development or to provincial economic development by offering training that is relevant to regional or provincial labour market needs.

1988, c. 84, s. 97; 1990, c. 78, s. 54; 1997, c. 96, s. 13; 2002, c. 63, s. 13.

• . The centre’s educational project, which may be updated if necessary, shall contain

• the context in which the centre acts and the main challenges it faces, particularly with respect to academic success and the relevance of training to regional or provincial labour market needs;
• the specific policies of the centre and the objectives selected for improving student success;
• the results targeted over the period covered by the educational project;
• the measures selected to achieve the objectives and results targeted;
• the indicators to be used to measure achievement of those objectives and results; and
• the intervals at which the educational project is to be evaluated, determined in collaboration with the school board.

The policies and objectives required under subparagraph 2 of the first paragraph shall be designed to ensure that the basic school regulation and the programs of studies established by the Minister are implemented, adapted and enriched. They must also be consistent with the school board’s commitment- to-success plan.

97.2. The educational project must take into account the period covered by the school board’s commitment-to-success plan in accordance with any terms prescribed under the first paragraph of section 459.3.

98. At the request of the school board, an adult education centre shall provide a general education program to students in a vocational training program offered by a vocational training centre or by an enterprise that meets the conditions determined by the Minister in a regulation under paragraph 7 of section 111 of the Act respecting private education (chapter E-9.1).

Likewise, a vocational training centre shall provide a general education program to students in a vocational training program.

1988, c. 84, s. 98; 1997, c. 96, s. 13.

99. For the purposes of section 72 of the Charter of the French language (chapter C-11), a vocational training centre shall be considered to be a school as far as persons entitled to educational services under section 1 are concerned.

1988, c. 84, s. 99; 1997, c. 96, s. 13.

100. Centres shall be established by the school board.

The deed of establishment of a centre shall state the name and address of

the centre and indicate the premises or immovables placed at the disposal of the centre. The deed shall also specify whether the centre is a vocational training centre or an adult education centre.

Where the deed of establishment of the centre places more than one immovable at the disposal of the centre, the school board, after consulting with the principal, may appoint a person to be responsible for each immovable and determine that person’s functions.

The persons appointed shall perform their functions under the authority of the principal.

1988, c. 84, s. 100; 1997, c. 96, s. 13.

• . A school board may, after consulting with the governing board or at its request, amend the deed of establishment of a centre in keeping with the three-year plan of allocation and destination of the school board immovables.

1988, c. 84, s. 101; 1990, c. 8, s. 9; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

DIVISION II

GOVERNING BOARD

• 1. — Composition and formation
• . A governing board shall be established for each centre.

The governing board, which shall have not more than 20 members, shall include the following persons, who shall become members of the board upon their appointment or election:

• students attending the centre, elected by their peers according to the procedure determined by the principal after consulting with the students or the students’ association, if any;
• at least four members of the staff of the centre, including at least two teachers and, if the persons concerned so decide, at least one non­teaching professional staff member and at least one support staff member, elected by their peers according to the procedure set out in their respective collective agreements or, failing that, according to the procedure determined by the principal after consulting with the persons concerned;
• at least two persons appointed by the school board after consulting with the socio-economic and community groups in the territory principally served by the centre;
• in the case of a vocational training centre, at least two parents of students attending the centre who are not members of the staff of the centre, elected by their peers according to the procedure determined by the principal;
• at least two persons appointed by the school board from within enterprises of the region which, in the case of a vocational training centre, operate in economic sectors corresponding to the vocational education programs offered by the centre.

The term of office of members of the governing board is two years.

The members of the governing board shall remain in office until they are reelected, reappointed or replaced.

A vacancy resulting from the departure or disqualification of any other member of the governing board is filled, for the unexpired portion of the term, according to the mode of appointment prescribed for the member to be replaced.

1988, c. 84, s. 102; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

103. The school board shall determine the number of representatives of each group on the governing board after consulting with each group.

The total number of seats for staff representatives must not exceed the total number of seats for representatives of other groups.

1988, c. 84, s. 103; 1997, c. 96, s. 13.

104. School council members cannot be members of the governing board of a centre under the authority of the school board, with the exception of the principal of that centre.

However, if so authorized by the governing board, a school council member may take part in meetings of the governing board but is not entitled to vote.

1988, c. 84, s. 104; 1990, c. 8, s. 10; 1990, c. 78, s. 36; 1997, c. 96, s. 13; 2008, c. 29, s. 7.

105. The principal shall take part in meetings of the governing board but is not entitled to vote.

1988, c. 84, s. 105; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

106. The fact that the representatives of a group fall short of the required number shall not prevent the formation of the governing board.

1988, c. 84, s. 106; 1997, c. 96, s. 13.

• 2. — Operation

107. The governing board shall choose its chair from among the members appointed or elected under subparagraphs 3 to 5 of the second paragraph of section 102 who are not members of the personnel of the school board.

1988, c. 84, s. 107; 1997, c. 96, s. 13.

• . A majority of the members in office is a quorum of the governing board.

2002, c. 63, s. 15.

108. Sections 57 to 60 and 62 to 73, adapted as required, apply to the operation of the governing board of a centre.

1988, c. 84, s. 108; 1997, c. 96, s. 13; 2002, c. 63, s. 16.

• 3. — Functions and powers

109. The governing board shall analyze the situation prevailing at the centre, particularly the challenges tied to student success and the characteristics and expectations of the community served by the centre. Based on the analysis and taking into account the school board’s commitment-to-success plan, the governing board shall adopt the centre’s educational project, oversee the project’s implementation and evaluate the project at the intervals specified in it.

Each of these stages shall be carried out through concerted action between the various participants having an interest in the centre and in student success. To that end, the governing board shall encourage the collaboration of students, parents, teachers, other centre staff members and school board representatives. It shall also encourage the collaboration of community representatives, including employers in the case of the governing board of a vocational training centre.

1988, c. 84, s. 109; 1997, c. 96, s. 13; 2002, c. 63, s. 17; 2008, c. 29, s. 8.

The proposals shall be developed in collaboration with the staff of the centre.

The collaboration procedure shall be established by the persons concerned at general meetings called for that purpose by the principal or, failing that, shall be determined by the principal.

2002, c. 63, s. 18.

• REPEALED

110. The governing board shall advise the school board concerning

• any matter the school board is required to submit to the governing board;
• any matter likely to facilitate the operation of the centre;

(2.1) the work performance of the centre’s principal, for the purposes of his annual evaluation;

• any matter likely to improve the organization of the services provided by the school board.

1988, c. 84, s. 110; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

• . The school board must consult the governing board concerning
• the amendment or revocation of the deed of establishment of the centre;
• the selection criteria and the addition of elements to the expertise and experience profile for the appointment of the principal.

1997, c. 96, s. 13.

• The functions of the governing board include adopting the proposals of the principal on the following matters:
• the approach for the implementation of the basic regulation;
• the implementation of the programs of studies;
• the implementation of the programs relating to student services and popular education prescribed by the basic regulation which are determined by the school board or provided for in an agreement made by the school board;
• the operating rules of the centre.

Proposals under subparagraph 2 of the first paragraph shall be developed in collaboration with the teachers and the other proposals, in collaboration with the staff members concerned.

The collaboration procedure shall be established by the persons concerned at general meetings called for that purpose by the principal or, failing that, shall be determined by the principal.

1997, c. 96, s. 13.

• The governing board may organize social, cultural or sports services or allow other persons or organizations to organize such services on the premises of the centre.

For the purposes of this section, the governing board may, in the name of the school board and in keeping with the budget of the centre, contract with a person or organization for the provision of goods and services. In addition, the governing board may require a financial contribution from users of such goods and services.

Revenues derived from the provision of such goods and services shall be credited to the appropriations allocated to the centre.

 

 

 

• . Each year, the governing board shall inform the community served by the centre of the services provided by the centre and report on the level of quality of such services.

The governing board shall communicate the centre’s educational project and any evaluation of the project to the students and the staff.

2002, c. 63, s. 19.

110.3.2. Section 77.1 applies to the governing board of a vocational training centre as regards the students referred to in section 1, with the necessary modifications.

2005, c. 16, s. 7.

• Sections 80 to 82 and 93 to 95, adapted as required, apply to the governing board of a centre.

1997, c. 96, s. 13; 2002, c. 63, s. 20.

DIVISION III

PRINCIPAL

• 1. — Appointment
• The principal of a centre shall be appointed by the school board in accordance with the criteria established after consulting with the governing board.

The school board may designate a person to fill the position of principal temporarily, having regard to the provisions of the applicable collective agreements or regulations of the Minister.

1997, c. 96, s. 13.

• The school board may appoint one or more vice principals after consulting with the principal.
• A vice principal shall assist the principal in the exercise of his functions and powers.

The vice principal, or the vice principal designated by the school board, shall exercise the functions and powers of the principal if the principal is absent or unable to act.

1997, c. 96, s. 13.

• The principal may not, on pain of forfeiture of office, have any direct or indirect interest in an enterprise which places the principal’s personal interest in conflict with the interest of the centre.

However, forfeiture of office is not incurred if the interest is acquired by succession or gift, provided the principal renounces or disposes of it promptly.

1997, c. 96, s. 13.

• 2. — Functions and powers
• The principal, under the authority of the director general of the school board, shall ensure that educational services provided at the centre meet the proper standards of quality.

The principal is the academic and administrative director of the centre and shall see to the implementation of the decisions of the governing board and of the other provisions governing the centre.

1997, c. 96, s. 13.

• The principal shall assist the governing board in the exercise of its functions and powers and, for that purpose, the principal shall
• coordinate the analysis of the situation prevailing at the centre and the development, implementation and evaluation of the centre’s educational project, and send the educational project to the school board, which shall make it public ;

 

• ensure that the proposals required under this chapter are prepared and submitted to the governing board for approval or adoption, as applicable;

(2.1) ensure that the governing board is provided all necessary information before approving or adopting the proposals made under this chapter.

• table at meetings of the governing board any document from the school board that is intended for the governing board.

If the principal fails or refuses to submit to the governing board a proposal concerning a matter within the purview of the governing board within 15 days of the date on which the governing board requests the proposal, the governing board may act without such a proposal.

1997, c. 96, s. 13; 2002, c. 63, s. 21.

110.11 . In the case of a handicapped student or a student with a social maladjustment or a learning disability attending a vocational training centre, the principal, with the assistance of the student’s parents, of the staff providing services to the student, and of the student, unless the student is unable to do so, shall establish an individualized education plan adapted to the student’s needs and abilities.

The principal shall see to the implementation and periodical evaluation of the education plan and inform the student’s parents on a regular basis.

1997, c. 96, s. 13.

110.12. The principal is also responsible for approving, on the proposal of the teachers,

• the criteria for the introduction of new instructional methods;
• in keeping with the budget of the centre, the textbooks and instructional material required for the teaching of programs of studies;
• the standards and procedures for the evaluation of student achievement in keeping with the prescriptions of the basic regulation and subject to the examinations that may be imposed by the Minister or the school board.

The proposals of the teachers under this section shall be made according to the procedure determined by the teachers at a meeting called for that purpose by the principal or, failing that, according to the procedure determined by the principal.

A proposal of the teachers concerning a subject referred to in this section must be made within 15 days after the proposal is requested by the principal, failing which the principal may act without such proposal.

If the principal does not approve a proposal of the teachers, the principal shall give reasons for the decision.

1997, c. 96, s. 13.

110.13. Sections 96.20 to 96.26, adapted as required, apply to the principal of a centre.

1997, c. 96, s. 13.

CHAPTER V

SCHOOL BOARDS

DIVISION I

ESTABLISHMENT OF FRENCH LANGUAGE AND ENGLISH LANGUAGE SCHOOL BOARDS

111. The Government shall, by order, divide the territory of Quebec into two groups of territories: one of territories for French language school boards and the other, of territories for English language school boards.

The territory of the Cree School Board, that of the Kativik School Board and that of the Commission scolaire du Littoral established by chapter 125 of the statutes of Quebec, 1966-67, are excluded from such division, however.

A school board shall be established in each territory.

The order shall assign a name temporarily to each school board; the name may contain a number.

The order shall be published in the Gazette officielle du Quebec not later than 31 August and comes into force on the date of its publication.

 

111.1. After consulting each school board established by the territorial division order, the Government shall determine its name.

The order comes into force 10 days after the date of its publication in the Gazette officielle du Quebec or on any later date indicated therein.

1997, c. 47, s. 3.

112. School boards established pursuant to this division belong to only one of the following categories: French language school boards or English language school boards.

1988, c. 84, s. 112.

113 . A school board is a legal person established in the public interest. 1988, c. 84, s. 113; 1997, c. 96, s. 14.

114. The Government may, by order, change the name of any school board requesting it.

The order comes into force ten days from the date of its publication in the Gazette officielle du Quebec or on any later date indicated therein.

1988, c. 84, s. 114.

115. The head office of a school board shall be located at such place in its territory as it shall determine.

The school board shall inform the Minister and give public notice of the location or of any new address of its head office.

1988, c. 84, s. 115.

DIVISION I.1

“CHANGES TO SCHOOL BOARD TERRITORIES AND TRANSITIONAL PLAN

 

116. At a school board’s request or on its own initiative after consulting with the school board concerned, the Government may, by order, make any change to school board territories. Such territorial changes come into force on 1 July of the year determined by the Government.

The order shall determine which school board has jurisdiction over any changed or new territory and may, for that purpose, prescribe that a school board cease to exist or establish a new school board from the date the order is published or any later date set in the order. The Government shall determine the name of the new school board, if applicable, by order and after consulting with the school boards concerned.

Until the territorial changes come into force, a school board established under the second paragraph shall exercise only the functions necessary to prepare its first school year. On the coming into force of those changes, the school board acquires all the powers and duties conferred on a school board under this Act.

Likewise, until the territorial changes come into force, a school board whose territory is changed in accordance with the first paragraph or that acquires jurisdiction over a new territory in accordance with the second paragraph shall exercise, with respect to any new territory, only the functions necessary to prepare the school year in which the territorial changes come into force. On the coming into force of those changes, the school board shall fully exercise its jurisdiction over the entire new territory.

A school board’s ceasing to exist on an order made under the second paragraph takes effect on the date of coming into force of the territorial changes.

117. The Minister may, by regulation, establish a transitional plan applicable to school boards affected by territorial changes for the period beginning on the day the territorial change order is published, or any later date set in the order, and ending one year after the day of coming into force of the changes.

The plan may prescribe any rule relating to the transition; such rules may concern, in particular, the establishment, composition and operation of a transitional school council, the functions and powers of a school board during the transition period, the subsidy provided for in sections 723.3 and 723.4 and the application of section 723.5. The Minister may, in particular, prescribe the rules under which one school board may succeed another and the manner in which the rights and obligations of a school board whose territory is changed are to be transferred.

118. The Minister shall rule on any dispute among the school boards concerned during the transition period preceding the coming into force of the territorial changes, except disputes regarding the allocation and transfer of employees who are represented by a certified association within the meaning of the Labour Code (chapter C-27) or employees for whom a regulation of the Minister made under section 451 provides a special recourse.
119. In the case of territorial changes effecting a transfer of ownership to a school board, the latter becomes the owner of the immovable concerned by the registration in the land register of a notice referring to the territorial change order and describing the immovable concerned.
120. Any judicial or administrative proceeding to which a school board that ceases to exist on the coming into force of the territorial changes is a party is continued by any school board determined in the order made under section 116, without continuance of suit.

DIVISION II

Repealed, 1997, c. 47, s. 4.

122. (Repealed).

1988, c. 84, s. 122; 1997, c. 47, s. 4.

123. (Repealed).

1988, c. 84, s. 123; 1990, c. 78, s. 2; 1997, c. 47, s. 4.

123.1. (Repealed).

1990, c. 78, s. 3; 1997, c. 47, s. 4.

124. (Repealed).

1988, c. 84, s. 124; 1997, c. 47, s. 4.

125. (Repealed).

1988, c. 84, s. 125; 1997, c. 47, s. 4.

126. (Repealed).

1988, c. 84, s. 126; 1997, c. 47, s. 4.

127. (Repealed).

1988, c. 84, s. 127; 1989, c. 36, s. 260; 1990, c. 78, s. 54; 1997, c. 47, s. 4.

128. (Repealed).

1988, c. 84, s. 128; 1997, c. 47, s. 4.

129. (Repealed).

1988, c. 84, s. 129; 1990, c. 8, s. 12; 1990, c. 78, s. 4; 1997, c. 47, s. 4.

130. (Repealed).

1988, c. 84, s. 130; 1997, c. 47, s. 4.

131. (Repealed).

1988, c. 84, s. 131; 1997, c. 47, s. 4.

132. (Repealed).

1988, c. 84, s. 132; 1990, c. 78, s. 5; 1997, c. 47, s. 4.

133. (Repealed).

1988, c. 84, s. 133; 1990, c. 78, s. 6; 1997, c. 47, s. 4.

134. (Repealed).

1988, c. 84, s. 134; 1990, c. 78, s. 7; 1997, c. 47, s. 4.

135. (Repealed).

1988, c. 84, s. 135; 1997, c. 47, s. 4.

136. (Repealed).

1988, c. 84, s. 136; 1997, c. 47, s. 4.

137. (Repealed).

1988, c. 84, s. 137; 1997, c. 47, s. 4.

138. (Repealed).

1988, c. 84, s. 138; 1991, c. 27, s. 5; 1997, c. 47, s. 4.

• (Repealed).

1991, c. 27, s. 6; 1997, c. 47, s. 4.

• (Repealed).

1991, c. 27, s. 6; 1997, c. 47, s. 4.

• (Repealed).

1991, c. 27, s. 6; 1997, c. 47, s. 4.

139. (Repealed).

1988, c. 84, s. 139; 1997, c. 47, s. 4.

140. (Repealed).

1988, c. 84, s. 140; 1997, c. 47, s. 4.

141. (Repealed).

 

142. (Repealed).

1988, c. 84, s. 142; 1997, c. 47, s. 4.

DIVISION III

SCHOOL COUNCIL

• 1. — Composition

143. A school board shall be administered by a school council composed of the following 16 members:

• five parents of students attending an educational institution of the school board, elected by the parents’ committee in accordance with section 153.6 or 153.7 and previously members of a governing board or of a school board committee or council for at least one year;
• one parent of a handicapped student or a student with a social maladjustment or a learning disability attending an educational institution of the school board, elected by the parents’ committee in accordance with section 153.6;
• four persons from the community, elected in accordance with sections 153.6, 153.7 or 153.8 to 153.12, as applicable;
• two persons from the community elected in accordance with sections 153.6 or 153.8 to 153.12, as applicable, and domiciled in the territory of the school board;
• one teacher and one non-teaching professional from the school board, each elected by their peers in accordance with section 153.13;
• two principals of educational institutions of the school board, elected by their peers in accordance with section 153.13.

143.1 . The following persons may not be members of a school council:

• Members of the National Assembly; (2) Members of the Parliament of Canada; (3) judges or justices of any court of justice;
• public servants of the Ministere de l’Education,du Loisir et du Sport or public servants of any other department assigned to the Ministere de

 

l’Education, du Loisir et du Sport on a permanent basis;

• school board employees, except to hold the seats reserved for them;
• employees of the Comite de gestion de la taxe scolaire de I’Tle de Montreal, with respect to a school council of any school board on the island of Montreal;
• directors of an association of employees or an association of management personnel that represents school board employees;
• persons under 18 years of age;
• persons who are not Canadian citizens;
• persons on whom a term of imprisonment has been imposed, for the duration of the term.

In addition, a person may not be a member of more than one school council.

144. The director general of the school board shall take part in meetings of the school council but is not entitled to vote.

1988, c. 84, s. 144.

145. The integration of immigrants into the French-speaking community being a priority for Quebec society, subdivisions 1.1 to 1.5 of this division shall not operate

• to amend, directly or indirectly, the provisions of the Charter of the French language (chapter C-11) relating to the language of instruction;
• to modify or confer any minority language educational rights.

More specifically, the fact that a person who does not have a child admitted to the educational services provided in a school board’s schools chooses to vote at the election of the school council members of an English language school board or run for office within an English language school board does not make the person, or the person’s children, eligible to receive preschool, elementary or secondary instruction in English.

146. It shall be possible to use information technology to hold any

meeting provided for in this division.

“§1.2. — Election procedures for seats reserved for parents and seats reserved for persons from the community

1. Territorial division for seats reserved for parents
2. If the parents’ committee so requests, the school board shall divide its territory into five districts for the purpose of electing the members referred to in paragraph 1 of section 143.

The districts must be delimited keeping in mind the location of the school board’s educational institutions. The school board may also take into account criteria such as physical barriers, population trends, municipal boundaries, territorial contiguity, size and distance.

Unless the parents’ committee makes a new territorial division request or requests that the territory no longer be divided into districts, the most recent territorial division in accordance with this section is valid for any subsequent election.

Every request by a parents’ committee under the first or third paragraph must be sent to the school board before 1 March preceding the end of the school council members’ term of office, and the territorial division by district must be made public not later than 30 June of the same year.

“2. Determination of mode of election for seats reserved for persons from the community

148. To determine the mode of election of the members referred to in paragraphs 3 and 4 of section 143, the secretary general of the school board must, between 1 and 15 November preceding the end of the school council members’ term of office, conduct a consultation of the parents of students under 18 years of age who attend an educational institution of the school board on 30 September preceding the consultation.

On that occasion, the secretary general must ask all those parents whether they want those members to be elected by all the electors domiciled in the school board’s territory and whose names appear on the list of electors of the French language or English language school board concerned. The consultation shall be conducted in the manner and in accordance with the conditions and formalities prescribed by government regulation.

If the minimum number of parents in favour, as determined by government regulation, is reached, the school board shall organize a poll to elect those members in accordance with sections 153.1 and 153.8 to 153.12; if not, they shall be elected in accordance with sections 153.2, 153.6 and 153.7.

3. Government’s regulatory power
4. The Government may, by regulation, with regard to any school council election for seats reserved for persons from the community that is held because the number of parents in favour of such an election is reached, in accordance with the third paragraph of section 148,

• indicate the date or period of any election and of any pre- or post­election procedure;
• establish the conditions, procedures and period for exercising the voting option referred to in section 153.11;
• determine the procedure for establishing the list of school electors and the information that may be sent to the school board by different departments and bodies, including the extracts from the permanent list of electors that the chief electoral officer must send;
• prescribe the standards applicable to the collection, preservation and use of personal information for drawing up the list of electors;
• prescribe the terms governing a notice calling for nominations under section 150, the filing of nominations under section 153.1 and the verifications or declarations required to verify the validity of nominations, and determine other requirements candidates must meet;
• establish any rule governing the poll, in particular regarding the notices required, advance polling, polling stations, polling officers, operations carried out prior to, during and after the poll, the counting of votes, and tie votes;
• decide any matter related to candidate financing and control of candidate expenses;
• establish standards governing the powers and duties of election officers, campaign literature and the election procedure to be followed;
• determine the information that the school board must send out or disseminate regarding the election;
• determine any other rule governing such a poll, including by prescribing additional qualifications or conditions to be an elector of a school board or a category of school board, and determine the election procedure to be followed.

The Government may also determine, from among the regulatory provisions made under the first paragraph, those whose contravention constitutes an offence and renders the offender liable to a fine the minimum and maximum amounts of which are set by the Government, and which may not exceed those prescribed by sections 639 to 644.1 of the Act respecting elections and referendums in municipalities (chapter E-2.2), according to the nature of the offence.

“§1.3. — Nominations

“1. Common provisions

150. Not later than 1 July preceding the end of the school council members’ term of office, the secretary general of the school board shall give a public notice setting out the seats on the school council that are open for nominations, the eligibility criteria and the period and place for filing nominations. The notice may be distributed by any targeted means that ensures that the various categories of persons qualified to serve on the school council are informed.
151. A person may not run for more than one of the 16 seats referred to in section 143 or more than one school board.
152. The Government may, by regulation, determine the terms governing a nomination notice under section 150, the filing of nominations referred to in sections 153 to 153.3 and the verifications or declarations required to verify the validity of nominations, and determine other requirements candidates must meet.

“2. Seats reserved for parents

153. With a view to electing the members referred to in paragraphs 1 and 2 of section 143, the secretary general of the school board must, between

1 and 15 September preceding the end of the school council members’ term of office, allow persons who meet the conditions set out in this Act to run for election.

If the territory of the school board has been divided into districts, only a parent of a student attending an educational institution of the school board situated in such district may be a candidate.

Not later than the following 30 September, the secretary general of the school board shall send the list of persons who filed a valid nomination for one of those seats to the chair of the parents’ committee or, if there is no such chair, to the director general of the school board.

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“3. Seats reserved for persons from the community “i. Broader election

• If the minimum number of parents required under the third paragraph of section 148 is reached, the secretary general must, between 1 and 15 September preceding the end of the school council members’ term of office, allow persons who meet the conditions set out in this Act to file a nomination for one of the seats referred to in paragraphs 3 and 4 of section 143. In that case, no distinction shall be made between the seats referred to in those paragraphs, and all the candidates must be domiciled in the territory of the school board.

“ii. Election by parents’ committee

• If the minimum number of parents required under the third paragraph of section 148 is not reached, the secretary general must, between 1 and 15 September preceding the end of the school council members’ term of office, allow persons interested in one of the seats referred to in paragraphs 3 and 4 of section 143 to run for election.

In such a situation, the four school council member seats referred to in paragraph 3 of section 143 shall be reserved for persons from the following sectors in the territory of the school board in order to foster consideration, in the school council’s decisions, of cultural development, local issues, the relevance of vocational training to labour market needs, and a healthy lifestyle:

(1) the cultural or communications sector; (2) the municipal sector; (3) the employer sector; (4) the sports or health sector.

To run for one of these seats, interested persons must be supported by a body or organization that is active at the provincial or local level in the sector they wish to represent, and must meet the other conditions set out in this Act. Candidates from one of these four sectors need not be domiciled or reside in the territory of the school board, but they must, through the sector they come from, serve that territory.

To run for a seat referred to in paragraph 4 of section 143, persons must be domiciled in the territory of the school board and meet the other conditions set out in this Act.

Not later than the following 30 September, the secretary general of the school board shall send the list of persons who filed valid nominations for a seat referred to in paragraphs 3 and 4 of section 143 to the chair of the parents’ committee or, failing that, to the director general of the school board.

“4. School board employee seats

• With a view to electing the members referred to in paragraphs 5 and 6 of section 143, the secretary general of the school board must, between 1 and 15 September preceding the end of the school council members’ term of office, allow persons who meet the conditions set out in this Act to run for election.

“§1.4. — Elections

“1. Common provisions

• If the secretary general receives only one valid nomination for a seat within the prescribed time, he shall declare that candidate elected.

In other cases, a poll must be held to determine which candidate will be elected to that seat.

Where, as a result of a withdrawal after the end of the period referred to in the first paragraph but before the close of the poll, there remains only one candidate for a seat, the returning officer shall declare that candidate elected.

“2. Seats reserved for parents and seats reserved for persons from the community if elected by the parents’ committee

• The Government may, by regulation, establish any rule governing the poll, in particular regarding the notices required, advance polling, polling stations, polling officers, operations carried out prior to, during and after the poll, the counting of votes, and tie votes.
• Between 20 and 31 October preceding the end of the school council members’ term of office, the chair of the parents’ committee or, if there is no such chair, the director general of the school board shall convene the members of the parents’ committee or of the regional parents’ committees, as applicable, to a meeting to elect the school council members referred to in paragraphs 1 and 2 of section 143 and, if the minimum number of parents required under the third paragraph of section 148 is not reached, the school council members referred to in paragraphs 3 and 4 of that section.

The chair or the director general shall also convene the candidates running for election.

This meeting may be held at the same time as the meeting called under section 190; however, the persons convened under the second paragraph may vote only for the purposes set out in the first paragraph. The members shall be elected by secret ballot by the members of the parents’ committee or, if applicable, of the regional parents’ committees and the candidates running for election.

The secretary general shall declare elected, for each of these seats, the candidate who obtained the greatest number of votes. If the territory of a school board has not been divided into districts in accordance with section 147, the secretary general shall declare elected, for the seats referred to in paragraph 1 of section 143, the five candidates who obtained the greatest number of votes. He shall also declare elected any candidate declared elected under section 153.4.

• If there is no valid nomination for a seat in one of the districts delimited under section 147, the candidate who obtained the greatest number of votes in all the other districts combined without being elected shall be declared elected to fill that seat.

If there is no valid nomination for a seat for one of the sectors identified in the second paragraph of section 153.2, the candidate who obtained the greatest number of votes in all the other sectors combined without being elected shall be declared elected to fill that seat.

The first and second paragraphs apply as long as seats can be filled in this manner.

“3. Seats reserved for persons from the community in the case of a broader election

 

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• If the minimum number of parents required under the third paragraph of section 148 is reached, an election by the electors domiciled in the territory of a French language school board or an English language school board shall be organized in accordance with the government regulation made under section 149.
• An elector must, on polling day, be 18 years of age, be a Canadian citizen, be domiciled in the territory of the school board and be registered on the list of electors of the English language or French language school board in which his domicile is situated.
• An elector with a child to whom section 1 applies and who has been admitted to educational services provided by a school board having jurisdiction over the territory in which the elector is domiciled may vote at the election of the school council members of that school board.

An elector without a child to whom section 1 applies and who has been admitted to educational services provided by any school board having jurisdiction over the territory in which the elector is domiciled may vote at the election of the school council members of the French language school board, unless he has chosen to vote at the election of the school council members of the English language school board having jurisdiction over the territory in which he is domiciled.

However, an elector whose child was enrolled in an English language school board when the child finished school is presumed to have chosen to be registered on the list of electors of that school board and to vote in its elections.

• In order to be valid at a school election, a voting option must be exercised during the period and on the conditions determined by government regulation.

Such an option shall apply for every election, unless the elector revokes it or unless one of his children to whom section 1 applies is admitted to educational services provided by a school board having jurisdiction over the territory in which the elector is domiciled.

• To exercise or revoke his voting option, the elector shall send a notice in writing to the secretary general of the English language school board, who shall inform the secretary general of the French language school board.

The notice must include the elector’s name, date of birth, sex and domiciliary address.

“4. School board employee seats

• During the month of October preceding the end of the school council members’ term of office, the secretary general of the school board shall, for every category of employees referred to in paragraph 5 of section 143, convene the employees of those categories to a meeting to elect the members referred to in that paragraph.

Likewise, the secretary general shall convene the school principals and principals of centres to elect the members referred to in paragraph 6 of section 143.

Each member referred to in paragraph 5 of section 143 shall be elected by secret ballot by the employees in the category concerned, and the members referred to in paragraph 6 of that section shall be elected by the principals of any type of educational institution of the school board.

The secretary general shall declare elected, for each of these seats, the candidate who obtained the greatest number of votes. He shall also declare elected any candidate declared elected under section 153.4.

“§1.5. — Vacancies and special procedures for filling seats “153.14. If all school council members have not been elected by 31 October preceding the end of the school council members’ term of office, 21 the director general shall ask the elected members to appoint a person to occupy any vacant seat, after consulting with the parents’ committee. If the vacant seat is referred to in any of paragraphs 1 to 4 of section 143, the person appointed must be the parent of a student attending an educational institution of the school board.

If, despite the first paragraph, it is not possible to fill all the seats on the school council, the director general shall so inform the Minister without delay.

As a last resort, the Minister may appoint any member to fill it.

• A person ceases to be a school council member on ceasing to qualify for appointment or election, unless the person holds a seat on the council as the parent of a student attending an educational institution of the school board, in which case he may continue to hold that seat until his term of office expires.
• The term of office of a member who fails to attend three consecutive regular school council meetings ends at the close of the following meeting unless the member attends that meeting.

The council may, however, at that meeting, grant the member a period of grace until the next regular council meeting if the member was in fact unable to attend the meetings. In such a case, the member’s term ends on the day of that next meeting, if the member is not in attendance.

• If a seat on the school council becomes vacant, the secretary general of the school board must, within 30 days, give a notice inviting persons who meet the conditions set out in this Act to run for the vacant seat. The Government may, by regulation, determine the terms governing the notice and the verifications or declarations required to verify the validity of nominations.

The secretary general of the school board shall send the chair of the school council the list of persons who filed valid nominations. The vacant seat shall be filled by the school council for the unexpired portion of the term within 60 days following the call for nominations.

If the seat to be filled is referred to in any of paragraphs 1 to 4 of section 143, only members referred to in those paragraphs may vote to fill the vacant seat.

Any time limit prescribed by this section that expires in July or August shall be extended until the following 30 September. In addition, if there are five or fewer months remaining in the member’s term, the school council may pass a resolution to suspend the replacement process, unless more than three seats are vacant.

• The director general of the school board must notify the Minister in writing if there is no quorum at the school council because of vacancies that were not filled in accordance with section 153.17. In such a case, the Minister may make the appointments necessary to attain the quorum.

“§1.6. — Effects of election

• Subject to the second paragraph, the term of office of a member of a governing board, the parents’ committee, the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities, or the advisory committee on transportation shall end on the date the member takes office if the member is elected to the school council, except if his membership on the board or committee is based on his status as a school council member.

However, a school principal or principal of a centre who is elected to the school council shall remain a member of the governing board of the principal’s school or centre.

• The school council members shall take office on 1 November following the process carried out under subdivisions 1.1 to 1.4 of this division or on the date of their appointment under section 153.14, 153.17 or 153.18.

The term of office of school council members is three years.” § 2. — Operation

154. The director general shall convene the school council members to the first meeting of the new school council before 1 December following the process carried out under subdivisions 1.1 to 1.4 of this division.

Within 35 days of taking office, every school council member shall swear before the secretary general, or the person designated by the secretary general, that he will fulfill his duties faithfully and to the best of his judgment and ability.

The oath shall be recorded in the school board’s Minutes of Proceedings.

155. The school council shall appoint the chair from among the members referred to in paragraphs 1 to 4 of section 143. It shall then appoint the vice- chair, who must be chosen from among the members holding a seat reserved for persons from the community if the chair holds a seat reserved for parents, and vice versa.

The term of office of the chair and the vice-chair expires at the same time as their term as school council member, barring removal from office as chair or vice-chair by a vote of at least two thirds of the school council members.

155.1 . Until the chair is appointed, school council meetings shall be chaired by a council member designated for that purpose by the council.

156. (Repealed).

1988, c. 84, s. 156; 2008, c. 29, s. 17.

157. Any vacancy in the office of chair or vice-chair shall be filled within 30 days.

1988, c. 84, s. 157; 2008, c. 29, s. 18, s. 34.

158 . Where the chair is absent or unable to act, the vice-chair shall exercise his functions and powers. Where the vice-chair is absent or unable to act, another member designated for that purpose by the school council shall exercise his functions and powers.

1988, c. 84, s. 158; 1990, c. 78, s. 54; 1997, c. 96, s. 21; 1999, c. 40, s. 158; 2008, c. 29, s. 34.

159. The chair shall preside over the sittings of the school council. He shall maintain order at sittings of the council.

1988, c. 84, s. 159; 2008, c. 29, s. 34.

160. The quorum at school council meetings is both the majority of its members and the majority of the members referred to in paragraphs 1 to 4 of section 143.

1988, c. 84, s. 160.

161 . The decisions of the school council are taken by a majority of the votes cast by the members present.

If votes are equally divided, the chair has the casting vote.

1988, c. 84, s. 161; 1997, c. 96, s. 22; 2008, c. 29, s. 34.

162. The school council must, by by-law, fix the day, time and place of its regular meetings.

The school council must hold at least four regular meetings every school year.

1988, c. 84, s. 162.

163. The chair or two members may call a special meeting of the school council.

The meeting shall be called by a notice sent to each commissioner by the secretary general, at least two days before the meeting is held.

Within the same period, the secretary general shall give a public notice of the date, place and time of the meeting and of the matters to be discussed. However, no publication in a newspaper is required.

1988, c. 84, s. 163; 2008, c. 29, s. 34.

• . At a special meeting, only the matters mentioned in the notice calling the meeting may be dealt with and decided, unless all the members are present at the special meeting and decide otherwise.

1988, c. 84, s. 164.

• . At the opening of a special meeting, the chair shall ascertain that the procedure for calling the meeting has been complied with; in case of non-compliance, the meeting shall be closed forthwith on pain of absolute nullity of any decision which may be made thereat.

The mere presence of a member constitutes a waiver of the notice calling the meeting unless he specifically attends the meeting to object to the holding of the meeting.

1988, c. 84, s. 165; 1999, c. 40, s. 158; 2008, c. 29, s. 34.

166. Any regular or special meeting may be adjourned to another hour of the same day or to a subsequent day, without it being necessary to give notice of the adjournment to the absent members.

1988, c. 84, s. 166.

167. The meetings of the school council are public; however, the council may order that they be held in camera for the purpose of examining any

matter liable to be prejudicial to a person.

1988, c. 84, s. 167.

168. Only a commissioner, the director general of the school board and the persons authorized thereto by the school council may take part in the deliberations of the school council .

However, a question period must be provided at each public meeting during which the persons present may put oral questions to the members.

The school council shall establish the rules relating to the time for question period, its duration and the procedure to be followed for putting questions.

1988, c. 84, s. 168.

168.1. (Repealed).

1997, c. 96, s. 23; 2004, c. 38, s. 1.

169. The school council may provide that, in the cases and on the conditions determined by by-law, any member may participate in a meeting of the school council through a means that allows the persons participating in or attending the meeting to communicate directly with each other.

At least one member or the director general must however be physically present at the place of the meeting.

A member who participates in a meeting through such a means is deemed to be present at the meeting.

1988, c. 84, s. 169; 2002, c. 63, s. 22; 2004, c. 38, s. 2.

170. The minutes of each meeting of the school council shall be entered in the register known as the “Minutes of Proceedings”. After having been read and approved at the beginning of the following meeting, they shall be signed by the person presiding over the meeting and countersigned by the secretary general.

The school council, by resolution, may excuse the secretary general from reading the minutes provided that a copy thereof has been given to each

member present at least six hours before the opening of the meeting at which they are approved.

1988, c. 84, s. 170.

171 . Whenever a by-law or a resolution of the school council is amended, replaced or repealed, mention shall be made thereof in the margin of the Book of By-laws or of the Minutes of Proceedings, opposite such by-law or resolution, together with the date of its amendment, replacement or repeal.

1988, c. 84, s. 171.

172. The minutes of each meeting, approved by the school council and signed by the chair of the meeting and the secretary general, are authentic. The same applies to documents and copies emanating from the school board or forming part of its records if they have been certified by the chair of the school board, the secretary general or a person authorized to do so by by-law of the school board.

The information included in the register of the minutes is public.

1988, c. 84, s. 172; 2008, c. 29, s. 34.

173. The signature of the chair, director general, secretary general or any person designated by the school board may be affixed by means of a signature stamp or replaced by an engraved, lithographed or printed facsimile.

1988, c. 84, s. 173; 2008, c. 29, s. 34.

174. The school council may, by by-law, delegate some of its functions and powers to the director general, an assistant director general, a school principal, the principal of a centre or any other member of the executive staff.

The functions and powers so delegated shall be performed under the direction of the director general.

The school council may also delegate certain functions and powers to a governing board or to the resource allocation committee established in accordance with section 197.1.

1988, c. 84, s. 174; 1990, c. 78, s. 54; 1997, c. 96, s. 24.

175. School council members shall not be remunerated, except in the cases, on the conditions and to the extent the Government may determine. They are, however, entitled to an attendance allowance and to the reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.

1988, c. 84, s. 175; 1990, c. 78, s. 54.

• . The school council must, by by-law, establish a code of ethics and professional conduct which is applicable to the members.

The code shall set out the duties and obligations of the members, and may prescribe standards that vary according to the various classes of members or that apply only to certain classes of members. The code must, among other things,

• include preventive measures, in particular rules for the disclosure of interests;
• deal with the identification of situations of conflict of interest;
• prohibit practices relating to the remuneration of members or other pecuniary benefits, subject to section 175;
• specify the duties and obligations of commissioners even after they leave office;
• include enforcement mechanisms, in particular the designation of the persons charged with the enforcement of the code and provide for penalties.

No member of the school council or employee of a school board may be responsible for determining if the code has been contravened or for imposing a penalty.

The school board must ensure public access to the code,.

The school board’s annual report must state the number of cases dealt

with and the follow-up thereon and set out any breaches determined during the year by the disciplinary authorities, the determination thereof, any penalties imposed by the competent authorities and the names of any commissioners divested of office by a court during the year.

This section must not be construed so as to restrict the freedom of speech inherent in a commissioner’s function.

1997, c. 6, s. 2; 2006, c. 51, s. 95.

• Persons or authorities charged with examining or inquiring into alleged or actual conduct that may be contrary to standards of ethics or professional conduct, or charged with determining or imposing appropriate penalties, may not be prosecuted by reason of acts performed in good faith in the performance of their duties.

1997, c. 6, s. 2.

• Any person who derives a benefit as a result of a failure to comply with any standard of ethics or professional conduct established under section 175.1 is liable to the State for the value of the benefit derived.

1997, c. 6, s. 2.

• Any member of the school council who has a direct or indirect interest in any enterprise which places the member’s personal interest in conflict with the interest of the school board must, on pain of forfeiture of office, disclose the interest in writing to the director general of the school board, abstain from voting on any matter concerning the enterprise and avoid influencing the decision relating to it. The member must, in addition, withdraw from a sitting while the matter is discussed or voted on.

A disclosure under the first paragraph must be made at the first sitting of the council

• after a person having such an interest becomes a member of the council;
• after a member of the council acquires such an interest;
• during which the matter is dealt with.

 

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In addition, a school council member who is also a school board personnel member must, on pain of forfeiture of office, abstain from voting on any matter concerning the hiring, employment, remuneration, employee benefits and other conditions of employment, individual or collective, of any school board employee. Such a member must also, after being given an opportunity to submit observations, withdraw from the meeting while the matter is discussed and voted on. The member’s withdrawal does not affect the quorum.

Forfeiture of office incurred under this section shall subsist for five years after the date on which the judgment in which the forfeiture is declared acquires the authority of res judicata.

1997, c. 96, s. 25.

176 . A person is not qualified to hold office as a member of the school council if convicted of an offence that is a corrupt electoral or referendum practice under the Referendum Act (chapter C-64.1), the Act respecting elections and referendums in municipalities (chapter E-2.2,),or the Election Act (chapter E-3.3).

Disqualification continues for five years from the day on which the judgment convicting the person becomes res judicata.

Sections 306 to 312 of the Act respecting elections and referendums in municipalities (chapter E-2.2) apply to school council members in the same manner as they apply to the members of the council of a municipality. For the purposes of those sections, the school council is deemed to be a municipal council and a school board is deemed to be a municipality.

1988, c. 84, s. 176; 1997, c. 96, s. 26; 2006, c. 51, s. 96.

• . The members of the school council shall exercise their functions and powers with due regard for everyone’s role and responsibilities, with a view to improving the educational services provided for by this Act and by the basic school regulations made by the Government. To that end, the role of the members of the school council includes
• informing the council of the needs and expectations of the population of their district, if applicable, or their sector, as part of their contribution to defining the school board’s directions and priorities;

(1.1) ensuring that the schools and centres receive adequate support;

• seeing to the relevance and quality of the educational services offered by the school board;
• making sure that the school board’s human, material and financial resources are managed effectively and efficiently;
• carrying out any mandate entrusted to them by the school council, on a proposal by the chair, for the purpose of providing information to the other council members on any specific matter.

2008, c. 29, s. 19.

177. No member of the school council may be prosecuted for an act performed in good faith in the discharge of his functions.

1988, c. 84, s. 177; 1990, c. 78, s. 54.

• . The members of the school council must act within the scope of the functions and powers conferred on them, and exercise the care, prudence and diligence that a reasonable person would exercise in similar circumstances; they must also act with honesty and loyalty and in the interest of the school board and the population served by the school board.

1997, c. 96, s. 27.

177.2. The school board shall assume the defence of any member of the school council who is prosecuted by a third person for an act done in the exercise of council functions.

In the case of penal or criminal proceedings, the school board may require a member who has been prosecuted to repay the defence expenses, except if the member had reasonable grounds to believe that the act was in conformity with the law, if the proceedings were withdrawn or dismissed or if the member was discharged or acquitted.

As well, the school board may require repayment of the defence expenses by the member if the member was found liable for damage caused by an act done in bad faith in the exercise of council functions.

1997, c. 96, s. 27.

177.3. The school board shall ensure that an initiation and ongoing training program is offered to the members of the school council and the members of the governing boards, and that it meets their needs. The training program must include training in governance, ethics and financial management.

2008, c. 29, s. 20.

178. The school board may take out liability insurance for the benefit of its employees.

Members of the school council, of a governing board or of any committee of the school board may, while they remain in office, and on the same conditions as those applicable to the employees of the school board, be a party to the liability insurance taken out by the school board under this section.

1988, c. 84, s. 178; 1997, c. 96, s. 28.

DIVISION IV

SCHOOL BOARD COMMITTEES

• REPEALED
• REPEALED
• REPEALED
• REPEALED

183. For the purposes of sections 96.25 and 110.13, every school board shall establish, under the direction of the director general, a joint management committee composed of the school principals, the principals of vocational training centres, the principals of adult education centres and of members of the executive staff of the school board.

The committee shall report to the school council each year on the governing boards’ practices with regard to the financial contributions made for the documents and objects mentioned in the second and third paragraphs of section 7 and the educational services provided outside teaching periods and on non-school days. The governing boards shall provide the committee with any information or document necessary for the exercise of that function.

The principals shall constitute the majority of the members of the committee.

1988, c. 84, s. 183; 1989, c. 36, s. 275; 1997, c. 96, s. 31.

184. Every school board that divides its territory into regions may, for the same purposes, replace the joint management committee by a joint management committee for each region and a central joint management committee composed of delegates from the regional committees and of members of the executive staff of the school board.

The school board shall determine, after consultation with the school principals and the principals of centres, the composition, mode of operation and the distribution of functions of each committee.

The school principals shall constitute the majority of the members of each regional committee and of the central committee.

1988, c. 84, s. 184; 1990, c. 78, s. 54; 1997, c. 96, s. 32.

185. Every school board shall establish an advisory committee on services for handicapped students and students with social maladjustments or learning disabilities.

The committee shall be composed of

• parents of the students concerned, designated by the parents’ committee;
• representatives of the teachers, of the members of the non-teaching professional staff and of the members of the support staff, designated by the associations which represent them in their dealings with the school board and elected from among the persons who provide services to the students concerned;
• representatives of bodies which provide services to handicapped students or to students with social maladjustments or learning disabilities, designated by the school council after consulting with those bodies;
• a school principal designated by the director general.

The director general or his representative shall take part in the sittings of the committee but he is not entitled to vote.

1988, c. 84, s. 185; 1990, c. 8, s. 16.

186. The school council shall determine the number of representatives from each group.

The representatives of the parents shall constitute the majority of the members of the committee.

1988, c. 84, s. 186.

187. The functions of the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities are

• to advise the school board on a policy for the organization of educational services to handicapped students and students with social maladjustments or learning disabilities;
• to advise the school board on the allocation of financial resources to the services intended for those students.
• to advise the school board on its commitment-to-success plan.

The committee may also advise the school board on the implementation of an individualized education plan for a handicapped student or a student with social maladjustments or learning disabilities.

1988, c. 84, s. 187; 1990, c. 78, s. 37, s. 54; 1997, c. 96, s. 33.

• . Each year, the school board shall inform the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities of the amount of the financial resources available for services intended for those students and of the allocation of those resources in light of the policies defined by the Minister.

The school board shall report each year to the committee and the Minister on requests for reconsideration made under section 9 relating to services for handicapped students and students with social maladjustments or learning disabilities.

2005, c. 43, s. 43.

188. Every school board which provides student transportation shall establish an advisory committee on transportation the composition, operation and functions of which shall meet the norms established by government regulation.

1988, c. 84, s. 188; 1990, c. 78, s. 54.

189 . A parents’ committee composed of the following persons shall be established for each school board:

• one representative from each school, elected by the meeting of parents pursuant to the second paragraph of section 47;
• one representative of the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities, designated by and from among the parents who are members of that committee.

A representative from a school whose child no longer attends the school may remain on the parents’ committee.

The parents who are members of the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities may designate a second representative as a substitute to attend and vote at meetings of the parents’ committee when their representative is unable to do so.

1988, c. 84, s. 189; 1989, c. 36, s. 263; 1997, c. 47, s. 12; 1997, c. 96, s. 34.

190. Each year, before 31 October, the chair of the parents’ committee or, in his absence, the secretary general of the school board shall call a

meeting of the parents’ committee to elect the chair of the parents’ committee.

1988, c. 84, s. 190; 2008, c. 29, s. 34.

191. Every school board that divides its territory into regions may, for the same purposes, replace the parents’ committee by a regional parents’ committee for each region and a central parents’ committee composed of delegates from the regional parents’ committees and a representative of the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities, designated by and from among the parents who are members of that committee.

Section 190 applies to the election of the chair of the central parents’ committee and the chair of each regional parents’ committee.

The school board, after consulting with the members of the regional parents’ committees, shall determine the allocation of functions and the mode of operation and financing of the regional and central committees.

1988, c. 84, s. 191; 1989, c. 36, s. 264; 1990, c. 78, s. 54; 1997, c. 47, s. 13; 1997, c. 96, s. 35; 2008, c. 29, s. 34.

192. The functions of the parents’ committee are

• to promote parents’ participation in the activities of the school board and, for such purpose, to designate parents who shall take part in the various committees established by the school board;
• to give advice on any matter conducive to the most efficient operation possible of the school board;
• to inform the school board of the needs of parents as identified by the school representatives and by the representative of the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities;
• to give its opinion to the school board on any matter the latter is required to submit to it.

1988, c. 84, s. 192; 1990, c. 78, s. 54; 1997, c. 96, s. 36.

193. The parents’ committee shall be consulted on the following matters:

• any change to the territory of the school board;
  • the school board’s commitment-to-success plan;
• the three-year plan of allocation and destination of the immovables of the school board, the list of schools and the deeds of establishment;
• the policy adopted under section 212 on the continued operation or closure of schools and on other changes made to the educational services provided in a school;
  • the financial contributions policy adopted under section 212.1;
• (paragraph repealed);
• the distribution of educational services among the schools;
  • the school board’s by-law on the procedure for the examination of complaints from a student, a homeschooled child or a parent of either with regard to the services the school board provides to them under this Act;
• the criteria referred to in section 239 for the enrollment of students in schools;
  • the dedication of a school to a special project pursuant to section 240 and the criteria for the enrollment of students in that school;
• the school calendar;
• the rules governing promotion from elementary school to secondary school or from the first cycle to the second cycle of the secondary level;
• the objectives and principles governing the allocation of subsidies, school tax proceeds and other revenues among educational institutions as well as the criteria pertaining thereto, and the objectives, principles and criteria used to determine the amount to be withheld by the school board for its needs and those of its committees;
• the learning activities established by the school board and intended for parents.

Moreover, the parents’ committee may make recommendations to the school board regarding the matters referred to in the first paragraph and childcare provided at school. It may also waive a consultation on a matter referred to in the first paragraph. In such a case, it shall so inform the school board in writing, and it shall do the same if it wishes to put an end to the waiver.

1988, c. 84, s. 193; 1990, c. 8, s. 17; 1990, c. 78, s. 54; 1997, c. 47, s. 14; 1997, c. 96, s. 37; 2002, c. 63, s. 23; 2005, c. 16, s. 8; 2006, c. 51, s. 97.

• . The school council must establish the following committees:
• a governance and ethics committee;
• an audit committee; and
• a human resources committee.

The governance and ethics committee shall, among other things, assist the school council members in developing and updating the code of ethics and professional conduct established under section 175.1. It must also follow up on the school board’s commitment-to-success plan. The committee must secure the assistance of at least one person who has competency or relevant experience in governance matters but is not a school board employee.

The audit committee shall, among other things, assist the school council members in seeing to the establishment of internal control mechanisms and the optimal use of the school board’s resources. The committee must secure the assistance of at least one person who has competency in accounting or financial matters but is not a school board employee.

The human resources committee shall, among other things, assist the school council members in developing an expertise and experience profile, or in adding elements to any profile determined by the Minister to take into account particular challenges the school board faces, for persons appointed under sections 96.8, 110.5 and 198. It shall also assist the school council in establishing selection criteria for those persons, and shall evaluate the director general of the school board in accordance with section 199.1. The committee must secure the assistance of at least one person who has competency in human resources matters. A school board

employee may not be a member of the committee. .

The school council may establish other committees, except an executive committee, to assist it in the exercise of its functions or the examination of specific matters.

The school board and the governing boards must provide the committees with any information or document necessary for the exercise of their functions.

2008, c. 29, s. 22.

194. The committees may hold their meetings on the premises of the school board.

The committees may also use, free of charge the administrative support services and the facilities of the school board in accordance with the terms and conditions established by the director general.

1988, c. 84, s. 194; 1997, c. 96, s. 38.

195. The committees shall establish their rules of internal procedure. The rules shall provide for at least three sittings every school year.

A member may take part in and vote at a meeting of the committee by any means allowing all the participants to communicate with each other.

1988, c. 84, s. 195; 1997, c. 96, s. 39.

196. No committee member may be prosecuted for an act performed in good faith in the discharge of his functions.

Sections 177, 177.1 and 177.2, adapted as required, apply to members of the parents’ committee and to members of the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities.

1988, c. 84, s. 196; 1990, c. 78, s. 54; 1997, c. 96, s. 40.

197. The parents’ committee and the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities shall adopt their annual operating budget, see to its administration and give an account thereof to the school board.

The budget shall maintain a balance between the expenditures of each committee on the one hand and the financial resources allocated to each committee by the school board and each committee’s own other revenues, on the other.

• The school board must establish, under the direction of the director general, a resource allocation committee composed in the majority of school principals and principals of centres chosen by their peers. The person responsible for educational services for handicapped students or students with social maladjustments or learning disabilities, appointed under section 265, must also be on the committee.

The committee must set up a consultation process with a view to establishing objectives and principles governing the annual allocation of revenues in accordance with section 275, determining how those revenues are to be allocated in accordance with section 275.1 and determining how student services are to be distributed in accordance with section 261.

In addition to student services, the committee may also submit the distribution of other professional services to the consultation process.

Each school board and educational institution must provide the committee with any information or document necessary for the exercise of its functions.

At the conclusion of the consultation process, the committee must submit to the school council a recommendation concerning the objectives and principles to govern the allocation of revenues, the annual allocation of those revenues and the distribution of student services and other professional services, as applicable.

“197.2. The resource allocation committee must annually make a recommendation to the school council regarding the allocation of the surpluses of the school board’s educational institutions in accordance with section 96.24.

1988, c. 84, s. 197.

DIVISION V

DIRECTOR GENERAL

198. Every school board shall appoint a director general and an assistant director general for a period determined by a regulation of the Minister under section 451.

In the cases prescribed by such a regulation, the board may appoint more than one assistant director general.

1988, c. 84, s. 198; 1990, c. 8, s. 18; 1997, c. 96, s. 41; 1997, c. 47, s. 15.

199. In no case may the director general or the assistant director general be a member of the governing board of a school or a centre under the authority of the school board.
     • Every year, at least 30 days before the anniversary date of the coming into force of the employment contract of the director general of the school board, the human resources committee shall evaluate the director general. The evaluation shall be sent to the director general, the school council and the Minister.

1988, c. 84, s. 199; 1997, c. 96, s. 42.

200. The renewal of the director general must take into account the director general’s evaluations and requires the vote of the school council members.

The suspension or dismissal of the director general and the director general’s removal from office must take into account the director general’s evaluations and requires the vote of at least two thirds of the school council members.

Any resolution adopted under this section shall be sent to the Minister without delay.

• . The Minister may, within 45 days of receiving a school council resolution sent under the third paragraph of section 200, postpone the execution of that decision and submit it for analysis to a committee of experts the Minister establishes for that purpose.

The committee shall be formed of two members, including a former director general of a school board.

The committee members shall have the powers and immunities of the persons designated under section 478. The committee must report its findings and recommendations to the Minister within the time he prescribes.

The director general shall remain in office as long as the execution of the decision to renew the director general’s term is postponed, even if the director general’s employment contract has expired. The employment contract is extended for the period corresponding to the postponement period.

In the case of a decision to suspend, dismiss or remove from office, the director general shall be suspended with pay during the postponement period.

The director general’s employment contract cannot be modified during this period.

The Minister may cancel the renewal of a director general if he considers that the director general has done anything incompatible with the rules of sound management or with the director general’s functions. The Minister may also cancel the suspension, dismissal or removal from office of a director general if he considers the decision to be based on unreasonable grounds. Before making such decisions, the Minister must take into consideration the committee’s report and the director general’s evaluations.

201 . The director general shall assist the school council and the executive committee in the exercise of their functions and powers.

He is responsible for the day-to-day management of the activities and resources of the school board. He shall see that the decisions of the school council and of the executive committee are carried out and shall perform the duties that they assign to him.

The director general shall also see to the proper operation of the school board, in particular by ensuring that everyone’s roles and responsibilities are given due regard.

1988, c. 84, s. 201; 1990, c. 78, s. 54; 1997, c. 96, s. 44.

• . The director general shall, on pain of forfeiture of office, exercise the functions of that office exclusively.

The director general may, however, hold an office or position or provide a service if no compensation or direct or indirect benefit is granted to the director general therefor.

Moreover, the director general may, with the authorization of the school council, hold an office or position or provide a service for which compensation or any direct or indirect benefit is granted.

1997, c. 96, s. 45.

• The director general may not, on pain of forfeiture of office, have a direct or indirect interest in any enterprise which places the director general’s personal interest in conflict with the interest of the school board.

However, forfeiture of office is not incurred if the interest is acquired by succession or gift, provided the director general renounces or disposes of it promptly.

1997, c. 96, s. 45.

202. The director general shall render account of his management to the school council and, on request, to the Minister.

• . The director general must, if of the opinion that the school board’s budgetary balance or compliance with the terms and conditions determined by the Minister under section 279 is at risk, inform the school council and the Minister of that fact without delay.

1988, c. 84, s. 202.

203 . An assistant director general shall assist the director general in the exercise of his functions and powers.

An assistant director general shall perform his functions under the authority of the director general.

The assistant director general, or the particular assistant director general designated by the school board, shall exercise the functions and powers of the director general if he is absent or unable to act. If the assistant director general is absent or unable to act, the person designated for that purpose by the school board shall exercise the functions and powers of the director

general.

1988, c. 84, s. 203; 1990, c. 8, s. 20; 1990, c. 78, s. 54; 1997, c. 96, s. 46.

DIVISION VI

FUNCTIONS AND POWERS OF THE SCHOOL BOARD § 1. — Preliminary provisions

204. For the purposes of this division relating to the educational services referred to in section 1, the persons who reside in the territory of a school board or who are committed or placed under custody therein pursuant to the Youth Protection Act (chapter P-34.1), the Act respecting health services and social services (chapter S-4.2), except persons to whom Part IV.1 of that Act applies, or the Young Offenders Act (Revised Statutes of Canada, 1985, chapter Y-1) come under the jurisdiction of the school board.

For the purposes of the provisions of this division relating to vocational training or adult education, any person entitled and wishing to be enrolled in vocational training or adult education, whether or not resident in the territory of the school board, comes under the jurisdiction of a school board.

1988, c. 84, s. 204; 1990, c. 78, s. 54; 1992, c. 21, s. 175; 1994, c. 23, s. 17; 1997, c. 96, s. 47.

205. Only those persons who, according to law, are entitled to receive instruction in the English language and who elect to come under the jurisdiction of an English language school board come under the jurisdiction of that school board.

1988, c. 84, s. 205.

206. (Repealed).

1988, c. 84, s. 206; 1997, c. 47, s. 16.

207. The election to come under the jurisdiction of an English language school board is made upon an application for admission to the educational services of the school board.

An election made under the first paragraph remains in force until the person makes a new election.

1988, c. 84, s. 207; 1997, c. 47, s. 17.

• 2. — General functions
  • . The mission of a school board is to promote, and enhance the status of, public education in its territory, plan and coordinate educational services for the benefit of the persons who come under its jurisdiction, and ensure the quality of those services, with due respect for the principle of subsidiarity and with a view to providing support to educational institutions in the exercise of their responsibilities.

A further mission of a school board is to see to the effective and efficient management of its human, physical and financial resources, as well as the success of students, with a view to enabling the population to attain a higher level of formal education and qualification, and to contribute, to the extent provided for by law, to its region’s social, cultural and economic development.

2008, c. 29, s. 23.

208. Every school board shall ensure that the persons who come under its jurisdiction are provided the educational services to which they are entitled under this Act.

The Minister may, in exceptional circumstances, relieve any school board in whole or in part from that function in respect of persons committed or placed under custody in its territory.

1988, c. 84, s. 208.

209. In order to carry out that function, the school board shall, in particular,

• admit persons who come under its jurisdiction to educational services;
• organize educational services or, if the school board can establish that its resources are insufficient or if the school board agrees to grant the request of parents, entrust the organization of educational services to another school board, a body or a person with which or whom it has entered into an agreement pursuant to any of sections 213 to 215.1, while making sure the services are provided as near the students’ place of residence as possible;
• if it does not arrange certain vocational education programs or adult education services for which it receives no subsidies following a decision of the Minister pursuant to section 466 or 467, refer persons to a school board which provides such services.

In addition, a school board shall provide educational services to persons who come under the jurisdiction of another school board, to the extent indicated in a decision of the Minister pursuant to section 468.

1988, c. 84, s. 209; 1990, c. 8, s. 21; 1990, c. 78, s. 38; 1997, c. 96, s. 48.

• . For the exercise of its functions and powers, every school board shall adopt a commitment-to-success plan taking into account the strategic directions and objectives of the department’s strategic plan as well as the period it covers in accordance with any terms prescribed under the first paragraph of section 459.3. This plan, which the school board may update if necessary, must contain
• the context in which the school board acts, particularly the needs of its schools and centres, the main challenges it faces, and the characteristics and expectations of the community it serves;
• the directions and objectives selected;
• the results targeted over the period covered by the plan;
• the indicators, particularly Quebec-wide indicators, to be used to measure achievement of those objectives and results;
• a service statement setting out its objectives with regard to the level and quality of the services it provides; and
• any other element determined by the Minister.

In preparing its commitment-to-success plan, the school board shall consult, in particular, the parents’ committee, the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities, the joint management committee, the governing boards, the teachers and other staff members, and, in accordance with section 211.1, the students. The parents’ committee and joint management committee may, among other things, make recommendations on what should be included in the school board’s commitment-to-success plan. If the school council does not implement a recommendation, it must give the reasons for its decision during the meeting at which the recommendation is rejected.

The school board shall send its commitment-to-success plan to the Minister and make it public on the expiry of at least 30 days after sending it.

• The school board shall make the educational project of each of its educational institutions public. 2008, c. 29, s. 25.
• . A French language school board shall provide educational services in French; an English language school board shall provide educational services in English.

However, vocational training and adult education services shall be provided in French or in English according to law; the same applies in respect of educational services provided to persons coming under the jurisdiction of a school board of another category pursuant to section 213 or 468.

Nothing in this section shall prevent the teaching of a second language in that language.

1988, c. 84, s. 210; 1997, c. 47, s. 19; 1997, c. 96, s. 49.

• . The school board shall see to it that each of its schools provides a healthy and secure learning environment that allows every student to develop his or her full potential, free from any form of bullying or violence. To that end, it shall support the principals of its schools in their efforts to prevent and stop bullying and violence.

2012, c. 19, s. 15.

• . Each year, after consulting any municipality or metropolitan community whose territory is situated entirely or partially within its own, the school board shall establish a three-year plan for the allocation and destination of its immovables. The plan must specify, for each school and each vocational training and adult education centre, the name and address

of the school or centre, the premises at its disposal, the level of instruction provided, any purpose it may have other than its educational purpose, its capacity and the school enrolment forecast for the duration of the plan.

The school board shall transmit the plan to every municipality or metropolitan community consulted.

The school board shall then draw up, in accordance with the plan, a list of its schools, and of its vocational training and adult education centres, if any, and shall issue a deed of establishment to them.

Where two or more educational institutions are established in the same premises or immovables, the school board shall determine the allocation of the premises or immovables, or the allocation of the use of such premises or immovables among such educational institutions.

In the case described in the fourth paragraph, the school board may, at the request of the governing boards concerned, establish a coordinating committee composed of representatives of the governing boards and determine the distribution of powers and functions between the governing boards and the coordinating committee, as well as the administrative and operating rules applicable to the coordinating committee.

The school board may also appoint a single principal for all the institutions and one or more vice principals for each institution. In such a case, the school board, after consulting with the governing boards concerned, shall determine the distribution of powers and functions between the principal and the vice principals.

1988, c. 84, s. 211; 1990, c. 8, s. 22; 1997, c. 96, s. 50; 2000, c. 56, s. 159; 2002, c. 68, s. 52; 2003, c. 19, s. 203; 2006, c. 51, s. 98.

• . The school board shall ensure that mechanisms are put in place to allow students to participate in defining some of the policy directions likely to concern them.

In addition, the students must be consulted on the school board’s commitment- to-success plan.

The mechanisms put in place under this section may be designed for students other than preschool or elementary school students or students in the first cycle of the secondary level.

2006, c. 51, s. 99.

212. Subject to any policy directions the Minister may establish and after holding a public consultation and consulting the parents’ committee, the school board shall adopt a policy on

• the continued operation or closure of schools; and
• changes to the level of instruction provided by a school, or to cycles or parts of cycles of the level of instruction, and on the cessation of preschool education services provided by a school.

The policy must include a public consultation process, to take place prior to any change, that must provide for

• the consultation timetable;
• the manner in which the public, and more particularly the parents and the students of full age concerned, are to be informed, including the place where relevant information on the project, particularly its budgetary and educational impact, may be consulted by any person interested, and the place where additional information may be obtained;
• at least one public consultation meeting and the related procedure; and
• the presence at the consultation meetings of the chair of the school board and at least one other school council member; if the territory of a school board has been divided into districts in accordance with section 147, the other member must be the school council member who represents the district concerned .

The policy must also specify that the public consultation process must start with a public notice of the consultation meeting, to be issued

• not later than 1 July of the year preceding the year during which the school would be closed; or
• not later than 1 April of the year preceding the year during which a change under subparagraph 2 of the first paragraph would be made.

1988, c. 84, s. 212; 1997, c. 96, s. 51; 2006, c. 51, s. 100; 2008, c. 29, s.

 

• . After consulting with the parents’ committee, the school board shall adopt a policy on the financial contributions that may be made for the documents and objects mentioned in the second and third paragraphs of section 7, or that may be claimed for services referred to in sections 256 and 292.

This policy must respect the powers of the governing board and promote accessibility to the educational services provided for in this Act and prescribed by the basic regulations established by the Government.

2005, c. 16, s. 9.

213 . A school board may enter into an agreement, for the provision of instructional services at the preschool, elementary or secondary level, with another school board or an educational institution governed by the Act respecting private education (chapter E-9.1), or an educational body in Canada which provides educational services equivalent to those referred to in this Act.

A school board may enter into an agreement with another school board, a body or a person for the provision of student services and special educational services, literacy services or popular education services or for any purposes other than the provision of services referred to in the first paragraph.

Before entering into such an agreement, the school board shall consult every student of full age and the parents of every student likely to be concerned by such an agreement. In the case of a handicapped student or a student with a social maladjustment or a learning disability, the school board shall consult the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities.

A school board may, pursuant to an agreement under this section, provide services to persons who do not come under its jurisdiction; it may also organize on-the-job training and apprenticeship programs.

1988, c. 84, s. 213; 1990, c. 8, s. 23; 1990, c. 78, s. 54; 1992, c. 68, s. 144, s. 156; 1997, c. 96, s. 52; 1997, c. 47, s. 20; 1997, c. 96, s. 52.

 

• . School boards must encourage the sharing of resources and services with each other or with other public bodies, including municipalities, or educational institutions governed by the Act respecting private education (chapter E-9.1) whenever this makes it possible, in the pursuit of their mission, to fulfil efficiency and cost-benefit requirements in the management of human, financial, physical and information resources.

For such purposes, the Minister may identify school boards that are to produce an analysis evaluating opportunities for sharing resources or services with other school boards.

The Minister may, following this analysis, make recommendations or require that measures encouraging the sharing of resources or services be implemented.

• A school board may, under an agreement by which another school board agrees to provide services to it, delegate in writing to the other school board or to a member of its personnel any power permitting the agreement to be carried out.

A school board may also, on the conditions it sets, delegate in writing to another school board its power to enter into an agreement.

214 . A school board may, according to law, enter into an agreement with a foreign government or one of its departments, an international organization, or an agency of such government or organization.

A school board may also enter into an agreement with a department or agency of the Government or, with the authorization of the Government and subject to the conditions it determines, with a department or agency of the Government of Canada or the government of another province of Canada.

However, it cannot enter into an agreement concerning the provision of educational services to which students who come under the jurisdiction of the school board are entitled under the basic regulations except where the Minister judges that the services offered are equivalent to those provided for by such regulations.

Under the terms of an agreement entered into pursuant to this section, a school board may provide services to persons who do not come under its jurisdiction.

1988, c. 84, s. 214; 1990, c. 8, s. 24; 1990, c. 78, s. 54; 1997, c. 96, s. 164; 2008, c. 29, s. 26.

• . A school board and each competent authority in respect of a police force in its territory shall enter into an agreement to determine how the officers of that police force will intervene in an emergency and when an act of bullying or violence is reported to them, and to establish a mode of collaboration for prevention and investigation purposes.

The Government may, by regulation, determine the essential elements and the special stipulations that the agreement must include.

In the absence of an agreement between the school board and the competent authority in respect of a police force in the territory of the school board, the Minister and the Minister of Public Security shall jointly determine how the members of the police force will intervene in an emergency and when an act of bullying or violence is reported, and establish a mode of collaboration for prevention and investigation purposes, to stand in lieu of such an agreement.

The director general of the school board shall send a copy of the agreement to the school principals and the Student Ombudsman.

2012, c. 19, s. 16.

• A school board shall enter into an agreement with an institution or another body in the health and social services network for the provision of services to students after an act of bullying or violence is reported. It may also enter into an agreement with a community organization operating in its territory. Any agreement under this section must stipulate, among other things, the actions to be taken jointly in such cases.

The director general of the school board shall send a copy of the agreement to the school principals and the Student Ombudsman.

2012, c. 19, s. 16.

215. (Repealed).

1988, c. 84, s. 215; 1992, c. 68, s. 145, s. 156; 2008, c. 29, s. 27.

• . A school board may, with the authorization of and subject to the conditions determined by the Minister, enter into a contract of association with a general and vocational college.

A general and vocational college that enters into a contract of association with a school board in accordance with the first paragraph may provide educational services provided for by this Act and prescribed by the basic regulations established by the Government under sections 447 and 448; the college is entitled to such benefits granted by this Act to schools, vocational training centres or adult education centres as are determined by the Minister.

Likewise, a school board that enters into a contract of association with a general and vocational college may provide college studies programs established by the Minister under the General and Vocational Colleges Act (chapter C-29); the school board is entitled to such benefits granted by the General and Vocational Colleges Act to general and vocational colleges as are determined by the Minister.

1997, c. 96, s. 53.

216. Every school board shall, in accordance with the budgetary rules established by the Minister of Education, Recreation and Sports, require a financial contribution for the educational services prescribed by the basic regulations established by the Government under section 448 in respect of a student who is not resident in Quebec within the meaning of the regulation of the Government.

It shall also, in accordance with those budgetary rules, require a financial contribution for the educational services prescribed by the basic school regulation established by the Government under section 447 in respect of a student, to whom the first paragraph of section 3 applies, who belongs to a category excluded by regulation from entitlement to the free educational services provided for under that paragraph.

It may, subject to the maximum amount determined according to the budgetary rules, require a financial contribution in respect of a Quebec resident enrolled in vocational training or adult education for services that are not free services under section 3.

1988, c. 84, s. 216; 1990, c. 78, s. 39, s. 54; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 96, s. 54; 2005, c. 28, s. 195.

217. Every school board shall consult the governing boards and the school board committees on those matters on which they must be consulted, and hold the public consultations prescribed in this Act.

1988, c. 84, s. 217; 1997, c. 96, s. 55; 2006, c. 51, s. 101.

218. Every school board shall facilitate the implementation, of the educational project of each school and each centre.

1988, c. 84, s. 218; 1990, c. 8, s. 25; 1990, c. 78, s. 54; 1997, c. 47, s. 21; 1997, c. 96, s. 56; 2000, c. 24, s. 25; 2002, c. 63, s. 25.

• . The school board may require from its educational institutions any information or document it considers necessary for the exercise of its functions and powers, on the date and in the form it specifies.

1997, c. 96, s. 57.

• If a school, a vocational training centre or an adult education centre fails or refuses to comply with this Act or with a regulation of the Government, the Minister or the school board, the school board shall give the institution formal notice to comply therewith; failing that, the school board shall take appropriate action to ensure compliance with this Act and the regulations, such as substituting its decisions for the decisions of the institution.

1997, c. 96, s. 57.

219. Every school board shall prepare and transmit to the Minister the documents and information he requests for the exercise of his functions and powers at such time and in such form as he prescribes.

1988, c. 84, s. 219; 1990, c. 28, s. 1; 1990, c. 78, s. 54; 1990, c. 78, s. 8; 1991, c. 27, s. 7.

220. Every school board shall prepare an annual report giving the population in its territory an account of the implementation of its commitment- to-success plan and the results obtained. The school board shall, in the report,

inform the population of the educational and cultural services it provides and the level of quality of those services.

The report shall also set out the results obtained with regard to the directions, objectives and targets determined by the Minister under section

• .

In the report, the school board shall state separately for each school the nature of the complaints reported to the director general of the school board by the principal under section 96.12, the measures taken and the proportion of those measures for which a complaint was filed with the Student Ombudsman.

The school board shall send a copy of the report to the Minister and make the report public no later than 31 December each year.

1988, c. 84, s. 220; 1997, c. 96, s. 58; 2002, c. 63, s. 26; 2005, c. 28, s. 195; 2008, c. 29, s. 28; 2012, c. 19, s. 17.

220.1 . REPEALED

• After consulting with the parents’ committee, every school board shall establish, by by-law, a procedure for the examination of complaints related to its functions .

The complaint examination procedure must enable a complainant who is a student, a homeschooled child or a parent of either and who has filed a complaint with regard to the services the school board provides to him under this Act and who is dissatisfied with the handling of the complaint or with the outcome to refer the complaint to a person designated by the school board as the Student Ombudsman. The Student Ombudsman is designated after consultation with the parents’ committee and on the recommendation of the governance and ethics committee. Neither a member of the school council nor a member of the personnel of the school board may act as Student Ombudsman.

In addition to the measures the Minister may establish by regulation, the complaint examination procedure must provide that the Student

Ombudsman must refuse or cease to examine a complaint upon becoming aware or being informed that the complaint concerns a fault or an act for which a complaint has been filed with the Minister under section 26. The procedure must also provide that, within 30 days after the complaint is referred, the Student Ombudsman must give the school council an opinion on the merits of the complaint and recommend any appropriate corrective measures.

The Student Ombudsman must send the school board an annual report stating the number of complaint referrals received and their nature, the corrective measures recommended and any action taken. The report must separately list complaint referrals concerning acts of bullying or violence. It may include any recommendation the Student Ombudsman considers appropriate with respect to measures required to prevent and stop bullying and violence. The report must be attached to the school board’s annual report.

The school board may enter into an agreement with another school board to designate the same person as Student Ombudsman and determine how to share the expenses incurred.

2008, c. 29, s. 29; 2012, c. 19, s. 18.

• 3. — Functions and powers relating to educational services provided in schools

221 . This subdivision does not apply to vocational training or adult education services.

A reference to the basic school regulation is a reference to the basic school regulation established by the Government under section 447.

1988, c. 84, s. 221; 1990, c. 78, s. 54; 1997, c. 96, s. 59.

• . The school board shall ensure, without encroaching upon the functions and powers conferred on schools, that each school has adopted an educational project .

2002, c. 63, s. 27.

222. Every school board shall ensure that the basic school regulation established by the Government is implemented in accordance with the gradual implementation procedure established by the Minister under section 459.

For humanitarian reasons or to avoid serious harm to a student, the school board may, following a request, with reasons, made by the parents of the student, by the student, if of full age, or by the school principal, exempt the student from the application of a provision of the basic school regulation. In the case of an exemption from the rules governing certification of studies referred to in section 460, the school board must apply therefor to the Minister.

The school board may also, subject to the rules governing certification of studies prescribed by the basic school regulation, permit a departure from a provision of the basic school regulation so that a special school project applicable to a group of students may be carried out. However, a departure from the list of subjects may only be permitted in the cases and on the conditions determined by a regulation of the Minister made under section

• or with the authorization of the Minister given in accordance with section 459.

1988, c. 84, s. 222; 1990, c. 78, s. 54; 1997, c. 96, s. 60; 2004, c. 38, s. 3.

222.1. Every school board shall ensure that the programs of studies established by the Minister under section 461 are implemented.

However, a school board may, at the request of a school principal, after consulting with the student’s parents and subject to the rules governing certification of studies prescribed by the basic school regulation, exempt a student who needs special support services in the language of instruction, second language or mathematics program from a subject prescribed by the basic school regulation; no exemption may be granted, however, in respect of those programs.

As well, a school board may, with the authorization of and subject to the conditions determined by the Minister, allow a school to replace a program of studies established by the Minister by a local program of studies designed for a student or a category of students who are unable to benefit from the programs of studies established by the Minister. Every such local program of studies must be submitted by the school board to the Minister for approval.

1997, c. 96, s. 61; 2000, c. 24, s. 26; 2005, c. 20, s. 2.

223 . A school board may, with the authorization of and subject to the conditions determined by the Minister, develop and offer, in addition to the vocational education programs that it is authorized to organize, programs of studies leading to an occupation or a profession and award an attestation of qualification for such programs.

The basic school regulation does not apply to a program of studies referred to in the first paragraph.

1988, c. 84, s. 223; 1990, c. 78, s. 54; 1997, c. 96, s. 62.

224. Every school board shall establish a program for each student service and special educational service contemplated in the basic school regulation except in matters coming under the jurisdiction of a minister other than the Minister of Education, Recreation and Sports.

It may enter into an agreement with any person or body with regard to the contents of the programs in those matters which do not come under the jurisdiction of the Minister of Education, Recreation and Sports.

The programs must be in conformity with the basic school regulation.

1988, c. 84, s. 224; 1990, c. 78, s. 54; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 96, s. 63; 2005, c. 28, s. 195.

• . In accordance with the conditions and procedures established by the Minister under section 461.1, a school board referred to in that section shall organize preschool educational services, admit students to them, enrol the students in a school and organize activities or services intended for the students’ parents in order to help achieve the educational services objectives

The school board may however be exempted from the objectives set by the Minister under the fourth paragraph of section 461.1 if it proves, to the satisfaction of the Minister, that it is unable to achieve them.

2013, c. 14, s. 2.

225. (Repealed).

1988, c. 84, s. 225; 1997, c. 96, s. 64; 2000, c. 24, s. 27; 2005, c. 20, s. 3.

226. Every school board shall ensure that schools offer to all students student services for spiritual care and guidance and community involvement.

1988, c. 84, s. 226; 1997, c. 96, s. 65; 2000, c. 24, s. 28.

227. (Repealed).

1988, c. 84, s. 227; 1997, c. 96, s. 66; 2000, c. 24, s. 29.

228. (Repealed).

1988, c. 84, s. 228; 1990, c. 78, s. 54; 1997, c. 47, s. 52; 1997, c. 96, s. 67; 2000, c. 24, s. 30.

229. (Repealed).

1988, c. 84, s. 229; 1990, c. 78, s. 54; 1997, c. 96, s. 68.

230. Every school board shall ensure that only the textbooks, instructional material or class of instructional material approved by the Minister are used by schools for the teaching of any program of studies established by the Minister.

It shall also ensure that schools, in accordance with section 7, place at the disposal of the students, free of charge, the textbooks and instructional material used for the teaching of the programs of studies, and ensure that students have access, free of charge, to reference and reading material.

1988, c. 84, s. 230; 1990, c. 78, s. 54; 1997, c. 96, s. 69; 2000, c. 24, s. 31.

231. Every school board shall ensure that each school evaluates student achievement and administers the examinations imposed by the Minister.

A school board may impose internal examinations in the subjects it determines at the end of each cycle of the elementary level and at the end

of the first cycle of the secondary level.

1988, c. 84, s. 231; 1990, c. 8, s. 26; 1990, c. 78, s. 54; 1997, c. 96, s. 70.

232. Every school board shall recognize, in accordance with the criteria or conditions established by the Minister, the learning acquired by a student otherwise than as prescribed in the basic school regulation.

1988, c. 84, s. 232; 1990, c. 78, s. 54.

233 . After consulting with the parents’ committee, every school board shall establish rules governing promotion from elementary school to secondary school and from the first cycle to the second cycle of the secondary level, subject to the rules prescribed by the basic school regulation.

1988, c. 84, s. 233; 1990, c. 78, s. 54; 1997, c. 47, s. 22; 1997, c. 96, s. 71.

234. Every school board shall, subject to sections 222 and 222.1, adapt the educational services provided to a handicapped student or a student with a social maladjustment or a learning disability according to the student’s needs and in keeping with the student’s abilities as evaluated by the school board according to the procedures prescribed under subparagraph 1 of the second paragraph of section 235.

1988, c. 84, s. 234; 1997, c. 96, s. 72.

235. Every school board shall adopt, after consultation with the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities, a policy concerning the organization of educational services for such students to ensure the harmonious integration of each such student into a regular class or group and into school activities if it has been established on the basis of the evaluation of the student’s abilities and needs that such integration would facilitate the student’s learning and social integration and would not impose an excessive constraint or significantly undermine the rights of the other students.

The policy shall include

• procedures for evaluating handicapped students and students with social maladjustments or learning disabilities; such procedures shall provide for the participation of the parents of the students and of the students themselves, unless they are unable to do so;
• methods for integrating those students into regular classes or groups and into regular school activities as well as the support services required for their integration and, if need be, the weighting required to determine the maximum number of students per class or group;
• terms and conditions for grouping those students in specialized schools, classes or groups;
• methods for preparing and evaluating the individualized education plans intended for such students.

Specialized schools referred to in subparagraph 3 of the second paragraph are not schools established under section 240.

1988, c. 84, s. 235; 1990, c. 78, s. 40; 1997, c. 96, s. 73.

236. Every school board shall determine the educational services to be provided by each of its schools.

1988, c. 84, s. 236.

237. (Repealed).

1988, c. 84, s. 237; 1990, c. 78, s. 54; 1997, c. 96, s. 74.

238. Every school board shall establish the school calendar of its schools, taking into account the provisions of the basic school regulation.

1988, c. 84, s. 238; 1990, c. 78, s. 54.

239. Each year, every school board shall enroll students in its schools in keeping with the choice of each student’s parents or the choice of the student, if of full age. However, if the number of applications for enrollment in a school exceeds the capacity of the school, enrollment shall be effected according to the criteria established by the school board after consultation with the parents’ committee.

The enrollment criteria must give priority to students coming under the jurisdiction of the school board and, as far as possible, to students whose place of residence is nearest to the school premises. They must be adopted, put into force and sent to each governing board at least 15 days before the beginning of the student enrollment period.

The conditions or criteria for participation in a special project may not serve as criteria for enrollment in a school; nor may they operate to exclude a student from the school of the student’s choice if the student has a right to enroll in that school pursuant to the criteria referred to in the first paragraph.

1988, c. 84, s. 239; 1997, c. 96, s. 75.

240. By way of exception, at the request of a group of parents and after consulting with the parents’ committee, a school board may, with the Minister’s approval, establish a school for the purposes of a specific project other than a religious project, subject to the conditions and for the period determined by the Minister.

The school board may determine the criteria for the enrollment of the students in that school.

1988, c. 84, s. 240; 1997, c. 96, s. 76; 2000, c. 24, s. 32.

241. (Repealed).

1988, c. 84, s. 241; 2000, c. 24, s. 33; 2005, c. 20, s. 3.

• . For humanitarian reasons or to avoid a serious prejudice to a child who has not attained the age of admission, the school board may, following a request giving reasons therefor made by the parents, in cases determined by regulation of the Minister,

• admit the child to preschool education for the school year in which he attains 5 years of age, or admit him to elementary school education for the school year in which he attains 6 years of age;
• admit to elementary school education a child admitted to preschool education who has attained 5 years of age.

In the event of refusal by the school board, the Minister may, at the request

 

of the parents and if he considers it expedient on the grounds mentioned in the first paragraph, order the school board to admit the child, in the cases and subject to the conditions prescribed in the first paragraph.

1992, c. 23, s. 1.

• (Repealed).

1992, c. 23, s. 1; 1997, c. 96, s. 77.

• (Repealed).

1992, c. 23, s. 1; 1997, c. 96, s. 77.

• The school board shall, each year and not later than 31 March, send to the Minister a report on the number of students admitted under each of sections 96.17, 96.18 and 241.1.

1992, c. 23, s. 1; 1997, c. 96, s. 78.

242 . A school board may, at the request of the principal and for just and sufficient cause, and after giving the student and his parents an opportunity to be heard, enrol him in another school or expel him from its schools; in the latter case, it shall inform the director of youth protection.

The school board shall promptly decide on the principal’s request, at the latest within 10 days.

A copy of the decision is sent to the Student Ombudsman if it proves necessary to expel the student in order to put an end to acts of bullying or violence.

1988, c. 84, s. 242; 2012, c. 19, s. 19.

243. Every school board shall take part in any periodical evaluation by the Minister of the basic school regulation, the programs of studies, the textbooks and instructional material required for the teaching of the programs of studies established by the Minister and the operation of the school system.
244. The functions and powers provided for in sections 222 to 224, in the second paragraph of section 231 and in sections 233 to 240 and 243 are exercised after consultation with the teachers.

The consultation procedure is the procedure set out in a collective agreement or, failing that, the procedure established by the school board.

1988, c. 84, s. 244; 1997, c. 96, s. 79.

• 4. — Functions and powers relating to educational services provided in vocational training centres and adult education centres

245. This subdivision applies only to vocational training and adult education services.

A reference to the basic regulation is a reference to a basic regulation established by the Government under section 448.

1988, c. 84, s. 245; 1990, c. 78, s. 54; 1997, c. 96, s. 81.

• . The school board shall ensure, without encroaching upon the functions and powers conferred on centres, that each centre has adopted an educational project .

2002, c. 63, s. 28.

246. Every school board shall see to the implementation of the basic regulations established by the Government in accordance with the gradual implementation approach prescribed by the Minister under section 459 and of the programs of studies established by the Minister under section 461.

For humanitarian reasons or to avoid serious harm to a student, the school board may, following a request, with reasons, made by the parents of the student, by the student, if of full age, or by the principal of the centre, exempt the student from the application of a provision of the basic regulation. In the case of an exemption from the rules governing certification of studies referred to in section 460, the school board must apply therefor to the Minister.

 

• . A school board may, with the authorization of and subject to the conditions determined by the Minister, develop and offer, in addition to the vocational education programs that it is authorized to organize, programs of studies leading to an occupation or a profession and award an attestation of qualification for such programs.

The basic regulations do not apply to a program of studies referred to in the first paragraph.

1997, c. 96, s. 83.

247. Every school board shall establish a program for each student service and popular education service provided for in the basic regulation.

The programs must comply with the objectives set out in the basic regulation.

1988, c. 84, s. 247; 1990, c. 78, s. 41, s. 54; 1997, c. 96, s. 164.

248. (Repealed).

1988, c. 84, s. 248; 1990, c. 78, s. 54; 1997, c. 96, s. 84.

249. Every school board shall ensure that each centre evaluates student achievement and administers the examinations imposed by the Minister.

A school board may impose internal examinations in the subjects in which no examination is imposed by the Minister and for which credits are compulsory for the issue of a secondary school diploma or a vocational training diploma.

1988, c. 84, s. 249; 1990, c. 8, s. 28; 1990, c. 78, s. 54; 1997, c. 96, s. 85.

250. Every school board shall arrange and offer reception and referral services relating to vocational training or adult education.

It shall recognize, in accordance with the criteria or conditions established by the Minister, the scholastic or experiential learning of a person enrolled in vocational training or adult educational services.

1988, c. 84, s. 250; 1990, c. 78, s. 42, s. 54; 1997, c. 96, s. 86.

251. Every school board shall determine the educational services to be provided by each of its vocational training or adult education centres.

1988, c. 84, s. 251; 1997, c. 96, s. 87.

252. Every school board shall establish the school calendar of its vocational training and adult education centres, subject to the provisions of the basic school regulation.

1988, c. 84, s. 252; 1990, c. 78, s. 54; 1997, c. 96, s. 88, s. 164.

253. Every school board shall take part in any periodical evaluation by the Minister of the basic regulation, the programs of studies and the operation of the school system.

1988, c. 84, s. 253; 1990, c. 78, s. 54; 1997, c. 96, s. 164.

254. The functions provided for in this subdivision are exercised after consultation with the teachers.

The consultation procedure is the procedure set out in a collective agreement or, failing that, the procedure established by the school board.

1988, c. 84, s. 254.

• 5. — Functions and powers relating to community services 255 . A school board may
• through workforce training, technical assistance to enterprises and informational activities, contribute to the development and realization of technological innovation projects, to the implementation and dissemination of new technology and to regional development;

(1.1) recognize, for purposes other than academic purposes, the scholastic or experiential learning of persons not referred to in the second paragraph of section 250;

• provide cultural, social, sports, scientific or community services;

 

• take part, in keeping with Quebec policy on Canadian intergovernmental affairs and international affairs, in the development and implementation of external cooperation programs in the fields under its jurisdiction;
• collaborate with government departments and agencies and any other partners to carry out specific agreements for the implementation of regional priorities, in particular by adapting its activities to regional characteristics and by paying a financial contribution.

The main object of the exercise of such powers shall not be the operation of a commercial enterprise.

1988, c. 84, s. 255; 1995, c. 43, s. 45; 1997, c. 96, s. 89; 2007, c. 3, s. 72; 2008, c. 29, s. 30.

• . A school board may, to the extent and on the conditions it determines, entrust the management of all or any part of the activities referred to in section 255, except workforce training activities, to a committee it establishes or to a body it designates.

1995, c. 43, s. 45; 1997, c. 96, s. 90; 2007, c. 3, s. 72.

• . At the request of the governing board of a school, a school board must provide childcare for preschool and elementary school students, in the manner agreed with the governing board, on the school premises or, if the school does not have suitable premises, on other premises.

1988, c. 84, s. 256; 1989, c. 59, s. 28; 1996, c. 16, s. 66; 1997, c. 58, s. 49; 1997, c. 96, s. 91.

256.1. (Repealed).

1992, c. 23, s. 2; 1997, c. 96, s. 92.

• . A school board may arrange services to promote access to educational services, such as meals and lodging.

258. The school board may hire staff and enter into agreements for the purposes of sections 255 to 257. In addition, it may require a financial contribution from users of the services it provides.

In the case of services referred to in subparagraph 1.1 of the first paragraph of section 255, the Minister may, by regulation, prescribe the amount and the formalities and conditions applicable to such a contribution.

1988, c. 84, s. 258; 1992, c. 23, s. 3; 1995, c. 43, s. 46; 1997, c. 58, s. 50; 1997, c. 96, s. 93.

• 6. — Functions and powers relating to human resources
  • . For the purposes of this subdivision, “judicial record” means
• a conviction for a criminal or penal offence committed in Canada or elsewhere, unless a pardon has been obtained for that offence;
• a charge still pending for a criminal or penal offence committed in Canada or elsewhere; and
• a court order subsisting against a person in Canada or elsewhere. 2005, c. 16, s. 10.
• For the purposes of this subdivision, the information concerning a judicial record provided for in its provisions may be gathered, used and kept only with a view to ensuring the safety and well-being of the students.

The school board must ensure that that information is accessible only to the persons who are qualified to receive it by reason of their responsibilities, and that those persons undertake in writing with the school board to comply with the limitations set out in the first paragraph.

2005, c. 16, s. 10.

• The Minister and the Minister of Public Security shall make a framework agreement for establishing the procedures to be followed by Quebec police forces when verifying judicial records for school boards.

2005, c. 16, s. 10.

• The Minister shall prepare a judicial record verification guide for school boards and see that it is distributed.

2005, c. 16, s. 10.

259. Every school board is the employer of the personnel required for its operation and that of its schools, vocational training centres and adult education centres, except the personnel required for the student services and special educational services programs under the jurisdiction of a minister other than the Minister of Education, Recreation and Sports.

When selecting a school principal or principal of a centre, except in the case described in the first paragraph of section 52, the school board shall ensure the participation of a governing board member, other than a student or a school board personnel member, designated by the governing board.

Every school board shall appoint a secretary general who shall perform and exercise, in addition to the functions and powers provided for in this Act and in the regulation of the Minister under section 451, the functions and powers of the secretary of the school council and of the executive committee and those determined by the school board. The same person may hold the positions of secretary general and assistant director general simultaneously.

1988, c. 84, s. 259; 1990, c. 8, s. 29; 1990, c. 78, s. 43, s. 54; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 96, s. 94; 2005, c. 28, s. 195.

260. The personnel required for the operation of a school board shall perform their functions under the authority of the director general of the school board.

The personnel assigned to a school shall perform their functions under the authority of the principal and the personnel assigned to a vocational training or adult education centre shall perform their functions under the authority of the principal of the centre.

1988, c. 84, s. 260; 1990, c. 78, s. 54; 1997, c. 96, s. 95.

261. Every school board shall assign personnel to its schools, vocational training centres and adult education centres taking, take into account the staffing requirements submitted to it by the school principals and the principals of the centres, taking into account the findings from the consultation held under section 197.1 and, if applicable, in accordance with the applicable collective agreements.

Every school board shall ensure that any person it hires to provide preschool education services or to teach at the elementary or secondary level holds a teaching licence issued by the Minister, except in cases where such a licence is not required.

1988, c. 84, s. 261; 1997, c. 96, s. 96; 2000, c. 24, s. 34.

• . Before hiring persons who would be required to work with minor students or be regularly in contact with them, the school board must ensure that they have no judicial record relevant to the functions that could be assigned to them within that school board.

To that end, those persons must send a declaration concerning their judicial record to the school board. The school board must verify the declaration or have it verified.

2005, c. 16, s. 11.

• At the request of the school board, persons who work with minor students and persons who are regularly in contact with minor students in the school board must send it a declaration concerning their judicial record so that the school board may ensure that they have no judicial record relevant to their functions within that school board.

To that end, the school board may act on the strength of that declaration, or it may verify the declaration or have it verified.

2005, c. 16, s. 11.

• If the school board has reasonable grounds to believe that a person who works with minor students in the school board or is regularly in contact with them has a judicial record, it must require the person to send it a declaration concerning the person’s judicial record. The person must comply with the request within 10 days.

The school board must verify the declaration or have it verified, and ensure that the person has no judicial record relevant to the person’s functions within the school board.

2005, c. 16, s. 11.

• Within 10 days of being notified of a change in their judicial record, persons who work with minor students and persons who are regularly in contact with minor students in the school board must inform the school board of that change, regardless of whether they have already filed a declaration concerning their judicial record.

The school board must verify the declaration or have it verified, and ensure that the person has no judicial record relevant to the person’s functions within the school board.

2005, c. 16, s. 11.

• When a school board verifies a declaration concerning a judicial record under this subdivision, or has it verified, it may have the declaration verified, in particular, by a Quebec police force and communicate or receive any information for the purposes of the verification.

2005, c. 16, s. 11.

• The form established by the school board for declarations concerning a judicial record under this subdivision must state that the school board may verify the declaration, or have it verified, in particular by a Quebec police force, and communicate or receive any information for the purposes of the verification.

The declaration form must also state that the school board will inform the Minister of each case in which it has concluded that the judicial record of a person holding a teaching licence is relevant to the functions that are assigned or that could be assigned to that person within the school board.

2005, c. 16, s. 11.

• The school board must inform the Minister of each case in which it has concluded that the judicial record of a person holding a teaching licence is relevant to the functions that are assigned or that could be assigned to that person within the school board.

2005, c. 16, s. 11.

• . A school board may enter into an agreement with any educational institution at the university level concerning the training of future teachers and the mentoring of teacher trainees or newly qualified teachers.

1997, c. 96, s. 97.

262. (Repealed).

1988, c. 84, s. 262; 1997, c. 96, s. 98; 2000, c. 24, s. 35.

263. (Repealed).

1988, c. 84, s. 263; 1997, c. 96, s. 99; 2000, c. 24, s. 35.

264. Every school board which provides adult education services shall appoint a person responsible for adult education services.

1988, c. 84, s. 264; 1990, c. 78, s. 44.

265. Every school board shall appoint a person responsible for educational services for handicapped students or students with social maladjustments or learning disabilities.

1988, c. 84, s. 265.

• 7. — Functions and powers relating to material resources

266. The functions of the school board are

• to acquire or lease such property as is required for the carrying on of its activities and the activities of its educational institutions and to accept property gratuitously;
• to build, repair or maintain its property;
• to determine the use of its property and administer it, subject to the right of its educational institutions to use the property placed at their disposal;
• to encourage the use of its immovables by public or community organizations in its territory or to lease out its movable or immovable property, subject to the right of its educational institutions to use the property placed at their disposal.

A school board may be the owner or lessee of premises or immovables situated outside its territory.

1988, c. 84, s. 266; 1990, c. 8, s. 30; 1997, c. 96, s. 100; 1999, c. 40, s. 158; 2006, c. 29, s. 36.

267 . A school board may enter into an agreement with another school board, an educational institution, a public body, including a municipality, or a community organization in its territory, in particular to jointly establish, maintain or improve public libraries, administrative, sports, cultural or recreation centres or playgrounds. .

The school board shall obtain the prior authorization of the Minister where the agreement provides for the co-ownership of an immovable or where the school board must resort to credit repayable over a period exceeding one year in order to pay the cost of its contribution.

The school board may also, with the authorization of and subject to the conditions determined by the Minister, enter into an agreement with another school board, a general and vocational college, a private educational institution governed by the Act respecting private (chapter E- 9.1), a public body, or an enterprise that meets the conditions determined by the Minister in a regulation under paragraph 7 of section 111 of that Act and offers a vocational training program to jointly establish, maintain or improve a school, a vocational training centre, an adult education centre or a college-level educational institution. The agreement may provide for co­ownership of an immovable allocated to the educational institution.

1988, c. 84, s. 267; 1997, c. 96, s. 101.

268. (Repealed).

1988, c. 84, s. 268; 1992, c. 23, s. 4.

269. (Repealed).

1988, c. 84, s. 269; 1992, c. 23, s. 4.

270 . A school board may insure its property.

1988, c. 84, s. 270.

271. (Repealed).

1988, c. 84, s. 271; 1992, c. 23, s. 5; 1997, c. 96, s. 102.

272. No school board shall, without the authorization of the Minister, hypothecate or demolish its immovables.

Every sale, exchange or other disposition of an immovable shall be effected in accordance with the regulation of the Government.

1988, c. 84, s. 272; 1990, c. 78, s. 54.

273 . A school board may, if authorized by the Minister, expropriate an immovable required for its purposes.

Notwithstanding the foregoing, no school board shall, without the authorization of the Government, expropriate an immovable exempt from school tax under the Act respecting municipal taxation (chapter F-2.1).

1988, c. 84, s. 273.

• 8. — Functions and powers relating to financial resources

274. The fiscal year of every school board begins on 1 July and ends on 30 June of the following year.

1988, c. 84, s. 274.

275 . After consulting with the governing boards and the parents’ committee and holding the consultation required under section 197.1, the school board shall establish objectives and principles governing the allocation of subsidies, school tax proceeds and its other revenues.

• . The school board shall determine the allocation of the revenues referred to in section 275 for every school year after holding the consultation required under section 197.1.

The allocation must be carried out in an equitable manner and reflect the needs expressed by the educational institutions, the social and economic disparities they must deal with, the school board’s commitment-to-success plan and the educational projects of its schools and centres.

The allocation must include amounts for the operation of the governing boards and amounts to meet the needs of the school board, its educational institutions and its committees.

275.2. The school board shall include in its annual report a description of the objectives and principles governing the allocation of its revenues and the criteria used to determine the amounts allocated 1988, c. 84, s. 275; 1997, c. 96, s. 103; 2008, c. 29, s. 31.

276. Every school board is responsible for approving the budget of its schools, vocational training centres and adult education centres.

The budget of an educational institution shall be without effect until it is approved by the school board. However, the school board may, subject to the conditions it determines, authorize an institution to incur expenses that have not been approved.

1988, c. 84, s. 276; 1997, c. 96, s. 104.

277. Every school board shall adopt its operating, investment and debt service budget for the following school year and transmit it to the Minister before such date and in such form as he determines. The school board shall also adopt and transmit to the Minister any budget estimates the Minister requests.

The budget of every school board shall indicate the financial resources allocated to its committees and the financial resources allotted to services for handicapped students and students with social maladjustments or learning disabilities.

The budgets of the educational institutions of the school board shall constitute separate appropriations within the school board’s budget.

1988, c. 84, s. 277; 1992, c. 23, s. 6; 1997, c. 96, s. 105; 2009, c. 38, s. 18.

278. Before adopting its budget, every school board shall give a public notice of at least 15 days of the date, time and place of the sitting of the school council at which its budget is to be studied.

1988, c. 84, s. 278.

279. Except with the authorization of the Minister and subject to the terms and conditions he determines, the budget may not provide for expenditures that exceed the revenues of the school board.

1988, c. 84, s. 279; 1992, c. 23, s. 7.

280. (Repealed).

1988, c. 84, s. 280; 1992, c. 23, s. 8; 2009, c. 38, s. 19.

281. If, on 1 July, a school board has not adopted its budget, it is authorized to incur expenses for that month for an amount equal to one- twelfth of the amount of expenses of the preceding school year.

The same applies for each month of the school year if, on the first day of the month, the budget has not been adopted.

1988, c. 84, s. 281; 1992, c. 23, s. 9.

282. Every school board shall transmit to the Minister, on the dates and in the form he determines, interim reports on its financial position.

1988, c. 84, s. 282.

283. Every school board shall keep accounting records in such manner and in such form as the Minister may prescribe.

1988, c. 84, s. 283.

284. For each fiscal year, every school board shall appoint from among the members of the professional order of accountants governed by the Professional Code (chapter C-26) an external auditor who shall file a report of his audit of the financial transactions of the school board.

The Minister may specify the mandate applicable to all auditors of school boards.

1988, c. 84, s. 284; 1990, c. 8, s. 31; 1994, c. 40, s. 457; 2012, c. 11, s. 32.

285. The following shall not act as external auditor for the school boards:

• a member of the school council;
• an employee of the school board;
• a partner of a person referred to in paragraph 1 or 2;
• a person who, during the fiscal year for which the audit is carried out, has, directly or indirectly, personally or through his partner, any share or interest in or in relation to a contract with the school board, receives a commission pursuant to such a contract or derives any benefit from such a contract, unless his connection with the contract arises from the practice of his profession.

1988, c. 84, s. 285.

286. Once the financial activities have been audited, the director general shall submit the financial statements of the school board and the external auditor’s report to the school council at its first sitting following by at least 15 days the date of receipt of the report.

The secretary general shall give public notice of the date, time and place of the sitting at least 15 days in advance.

1988, c. 84, s. 286.

287 . At least one week before the sitting referred to in section 286, the director general shall publish a summary of the annual financial statement of the school board.

He shall submit to the Minister, at such time and in such form as he prescribes, the annual financial statement of the school board together with the external auditor’s report.

A school board must, if any of its institutions receives a sum of money by way of a gift, legacy, subsidy or other voluntary contribution from any person or any public or private body wishing to provide funding for the activities of the institution, disclose it in a schedule appended to its financial statements, indicating the object for which the sum of money was granted.

The financial statements of a school board that has entrusted a body with the management of certain of the activities referred to in section 255 must be accompanied with any document or information required by the Minister in respect of those activities.

1988, c. 84, s. 287; 1990, c. 8, s. 32; 1995, c. 43, s. 47; 1997, c. 96, s. 106.

288. Notwithstanding any inconsistent legislative provision, a school board may, with the authorization of the Minister and subject to such conditions as he prescribes, borrow money by any method recognized by law.

The Minister may grant to a school board a general authorization to borrow for a period not exceeding one year and up to such amount as he specifies.

At the request of the Minister, the school board, either directly or through the financial institution with which it does business, shall furnish him with any information he may require on its financial position.

1988, c. 84, s. 288.

289. No school board shall negotiate a loan on a money market other than the Canadian market or a loan which must be repaid, in whole or in part, in foreign currency without prior authorization from the Minister of Finance and the Minister of Education, Recreation and Sports.

No school board shall contract such a loan or engage in any registration formality permitting access to a money market other than the Canadian market without obtaining such prior authorizations.

The loan authorization of the Minister of Education, Recreation and Sports may prescribe the conditions of the loan.

Where the authorization limits the amount of the loan, that amount is deemed to be the par value of the bonds or other securities issued pursuant to that loan, regardless of any premium which may be payable upon repayment, or of the fact that the bonds or other securities may be sold at a premium or rebate.

The loan is deemed to be authorized both in foreign currency and in Canadian currency notwithstanding the difference that may exist between them when the loan is made or subsequently.

1988, c. 84, s. 289; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 2005, c. 28, s.

195.

290. The Government may prescribe, by regulation, the nature and form of the information that must be supplied to the Minister of Finance and to the Minister of Education, Recreation and Sports for the purposes of the first paragraph of section 289, as well as the time when it must be supplied.

Regulation under the first paragraph come into force on the date of their publication in the Gazette officielle du Quebec or on any later date indicated therein.

1988, c. 84, s. 290; 1990, c. 78, s. 54; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 2005, c. 28, s. 195.

• 9. — Functions and powers relating to student transportation

291 . A school board may, with the authorization of the Minister, provide transportation for all or part of its students.

It may provide the transportation itself if authorized by the Minister, or enter into a contract with a carrier for that purpose.

1988, c. 84, s. 291; 1997, c. 96, s. 107.

292. Student transportation provided by a school board before the beginning of classes and after the end of classes each day is free of charge. Where the transportation is provided under a contract with a public transit authority or with the holder of a bus transport permit, within the meaning of government regulation, the school board may claim from a student that portion of the cost of the transportation pass which corresponds to service in addition to service before the beginning of classes and after the end of classes each day.

A school board that provides student transportation at noon to allow students to have their meal at home may claim the cost thereof from the students who elect to use that service.

Whether or not a school board provides transportation at noon to allow students to have their meal at home, it is required to ensure, in the manner agreed upon with the governing boards and on such financial conditions as it may determine, supervision of the students who stay at school.

1988, c. 84, s. 292; 1990, c. 78, s. 9, s. 54; 1997, c. 96, s. 108.

293. Section 292 does not apply to the transportation of persons enrolled in adult education.

A school board that provides transportation to persons enrolled in adult education may claim the cost thereof from the users of such service.

1988, c. 84, s. 293; 1990, c. 78, s. 45.

294 . A school board authorized to provide transportation for its students may enter into an agreement to provide transportation for all or some of the students of another school board, an institution governed by the Act respecting private education (chapter E-9.1), an institution whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministere des Relations internationales (chapter M-25.1.1) or a general and vocational college.

1988, c. 84, s. 294; 1989, c. 17, s. 16; 1992, c. 68, s. 146, s. 156; 1994, c. 15, s. 33; 1996, c. 21, s. 70.

295. The cost of the transportation provided by one school board for another school board shall be assumed by the latter school board according to the cost of the transportation services received or in such proportion as is determined by the Government, after deducting the subsidies granted for such purposes.

1988, c. 84, s. 295.

296. The cost of transportation provided by a school board for a general and vocational college, an institution whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministere des Relations internationales (chapter M-25.1.1) or an institution governed by the Act respecting private education (chapter E-9.1) shall be assumed by the college or institution according to the cost of the transportation services received, after deducting the subsidies granted for such purposes, if any.

1988, c. 84, s. 296; 1989, c. 17, s. 17; 1992, c. 68, s. 147, s. 156; 1994, c. 15, s. 33; 1996, c. 21, s. 70.

• . A school board may grant a student transportation contract after negotiating an agreement or following a call for public tenders.

In the case of a call for public tenders, the school board must accept the lowest admissible tender. However, the Minister may, exceptionally, authorize the school board to award the contract to another admissible bidder and attach conditions to such authorization. The school board may also reject all the tenders and either call for new ones or, in the cases provided for by regulation of the Government, enter into a contract by mutual agreement.

Every student transportation contract shall be made in writing and in accordance with government regulation. The contract must require the carrier to adopt measures to prevent and stop any form of bullying or violence during the transportation of students, and to inform the principal of the school concerned of any act of bullying or violence that occurs during transportation. The contract must also require the carrier to make sure, in collaboration with the school board, that the driver completes proper anti­bullying and anti-violence training as soon as possible.

The duration of the contract is determined in accordance with the standards established by regulation of the Government. However, where no regulation exists, the maximum duration shall not exceed three school years.

1988, c. 84, s. 297; 1990, c. 78, s. 54; 1993, c. 27, s. 1; 1997, c. 96, s. 109; 2012, c. 19, s. 20.

• . A school board, after determining the number of available seats, may allow any person other than a person to whom it provides student transportation to use such transportation service until all available seats are filled, and determine the fare in requires for such transportation.

The person who effects student transportation is bound by a decision, notwithstanding any contrary provision contained in a student transportation contract.

This section does not apply where student transportation is integrated into the regular service of a public transit authority or of a holder of a bus transport permit.

1988, c. 84, s. 298.

• . A school board, whether or not it is bound by a student transportation contract, may pay directly to the students an amount to cover all or part of their transportation costs.

1988, c. 84, s. 299.

300. Each year, the Minister shall establish and submit to the Conseil du tresor, for approval, budgetary rules to determine the amount of subsidies granted to school boards providing student transportation.

The budgetary rules may provide that subsidies may be granted on the basis of general standards applicable to all students using student transportation or on the basis of special rules applicable to certain students.

The budgetary rules may provide that the grant of a subsidy may be subject to general conditions applicable to all school boards or to special conditions applicable to one school board or to certain school boards.

The budgetary rules may also provide that the grant of a subsidy may be subject to authorization by the Minister or that it can only be made to one school board or to certain school boards.

Every school board shall provide the Minister with any information he may request for purposes of subsidies at such time and in such form as he prescribes.

A school board which entrusts the transportation of its students to another school board is not presumed to provide student transportation for the purposes of this section.

1988, c. 84, s. 300; 1990, c. 78, s. 10; 1991, c. 27, s. 8; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 96, s. 110; 1999, c. 40, s. 158.

301 . The Minister may withhold or cancel all or part of a subsidy for student transportation where a provision of this Act or of the regulation under section 453 or 454 is not complied with.

1988, c. 84, s. 301; 1990, c. 78, s. 54; 1997, c. 96, s. 111.

DIVISION VII

TAXATION

• 1. — Preliminary provisions 302. In this Act,
• the word “clerk” has the same meaning as in the Act respecting municipal taxation (chapter F-2.1);
• “standardized assessment” means the product obtained by multiplying the values entered on the assessment roll of a municipality by the comparative factor established for that roll under section 264 of the Act respecting municipal taxation;
• “taxable immovable” means
• a taxable unit of assessment, or the taxable part thereof if it is not entirely taxable;
• a non-taxable unit of assessment referred to in the first paragraph of section 208 of the Act respecting municipal taxation, or the part thereof referred to in that paragraph if the reference is not to its entirety;
• “owner” means the person in whose name a taxable immovable is entered on the assessment roll of a municipality.

1988, c. 84, s. 302.

303 . A school board, other than a school board situated in whole or in part on the Island of Montreal, may levy a school tax.

Such a tax shall be levied on every taxable immovable situated in the territory of the school board except on any immovable taxable exclusively by or, if not entirely, on the portion of the standardized assessment of an immovable that is taxable exclusively by, another school board having jurisdiction over the territory where the immovable is situated.

1988, c. 84, s. 303.

304 . An immovable owned by a person who has children admitted to the educational services of a school board having jurisdiction over the territory where the immovable is situated is taxable exclusively by that school board.

Where the children are admitted to the educational services of different school boards having jurisdiction over the territory where the immovable is situated, the immovable is taxable exclusively by these school boards, each on a portion of the standardized assessment of the immovable corresponding to the ratio between the number of those persons admitted to the educational services of that school board and the number of those persons admitted to the educational services of all the school boards concerned. The school boards concerned may enter into an agreement in respect of the terms and conditions for collecting the tax levied by each of them.

1988, c. 84, s. 304; 1990, c. 8, s. 33.

305. REPEALED

306 . An immovable owned by a natural person to whom section 304 does not apply and who makes an election in accordance with the second and third paragraphs is taxable exclusively by the English language school board having jurisdiction over the territory where the immovable is situated.

An election as to the levy of school taxes shall be made by way of a notice transmitted before 1 April to the school board in whose favour the election is made; that school board must, without delay and in writing, inform any other school board which has jurisdiction over the territory where the immovable is situated.

Such an election remains in force until the person revokes it in the manner provided in the second paragraph, or until he applies for admission of one of his children to the educational services of another school board having jurisdiction over the territory where the immovable is situated.

If the immovable’s owner does not make an election, the immovable is taxable exclusively by the French language school board.

In addition, the owner of an immovable whose child was enrolled in an English language school board when the child finished school is presumed to have made the election referred to in the first paragraph.

In accordance with the principles set out in section 145, the fact that a person who does not have a child admitted to the educational services provided in schools of a school board chooses to pay tax to an English language school board does not make the person, or the person’s children, eligible to receive preschool, elementary or secondary instruction in English

1988, c. 84, s. 306; 1997, c. 47, s. 25.

307 . An immovable owned by a person to whom section 304 or 306 does not apply is taxable by each school board having jurisdiction over the territory in which the immovable is situated on a portion of the standardized assessment of the immovable established in proportion to the number of students enrolled on 30 September of the preceding year in the schools that are under the jurisdiction of the school boards concerned and residing in their common territory.

The school boards concerned shall jointly determine the proportion of the tax to be levied by each of them; they may enter into an agreement in respect of the terms and conditions for collecting the tax levied by each of them.

1988, c. 84, s. 307; 1990, c. 8, s. 35; 1990, c. 28, s. 2.

308.

The maximum proceeds of the school board’s tax for one school year shall be computed

(1) by multiplying the amount per student determined for the year by the allowable number of students for the same year established in the manner prescribed by regulation of the Government;

(2) by adding, where the allowable number of students is 1,000 or more, the base amount determined for that year.

For the 2015-2016 school year, the amount per student is $814.62 or, if the allowable number of students is under 1,000, $1,059, and the base amount is $244,379. . For each subsequent school year, the amounts per student and the base amount shall be obtained by applying the rates of increase fixed by regulation to those for the preceding year..

308.1 . The maximum school tax rate that may be levied by a school board is the lesser of the following rates:

• $0.35 per $100 of the standardized assessment of taxable immovables or a portion of that assessment included in its property tax base;
• the rate required to obtain tax proceeds, established at the time of the adoption of its budget, corresponding to the maximum tax proceeds computed in accordance with section 308.

1988, c. 84, s. 308; 1990, c. 28, s. 3; 1992, c. 23, s. 10; 1999, c. 40, s. 158.

309. (Repealed).

1988, c. 84, s. 309; 1990, c. 28, s. 4.

• 2. — Levy of school taxes

310. The tax base of the school tax is the standardized assessment of taxable immovables.

However, if there is a variation in a municipality’s standardized assessment of taxable immovables because of the coming into force of its property assessment roll, the tax base of the school tax is an adjusted value obtained after averaging the variation.

The variation in the standardized assessment of the taxable immovables is averaged in accordance with Division IV.3 of Chapter XVIII of the Act respecting municipal taxation (chapter F-2.1), with the necessary modifications.

1988, c. 84, s. 310; 2006, c. 54, s. 1.

311 . The clerk of every municipal body having jurisdiction in property assessment shall furnish to every school board wholly or partly included in the territory of the body a certified copy of the assessment roll of the taxable immovables situated in the common territory and an attestation of the standardization factor for that roll.

The clerk shall send the copy within 15 days from that on which the Minister of Municipal Affairs, Regions and Land Occupancy communicates to the body the standardizing factor for the municipal fiscal period in which the roll comes into force.

The copy shall be furnished upon payment of the amount fixed for the issue of copies of municipal documents.

1988, c. 84, s. 311; 1989, c. 36, s. 266; 1999, c. 40, s. 158; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

312. The school council shall set the school tax rate at the time of the adoption of the budget of the school board.

1988, c. 84, s. 312; 1990, c. 28, s. 5; 1992, c. 23, s. 11.

313. The school tax rate of a school board is the same for all taxable immovables.

School taxes are payable by the owner of the taxable immovable.

However, in the case of a tax levied on an immovable owned by a partnership or an immovable held in undivided co-ownership, the tax may be claimed and recovered in its entirety from any member of the partnership or from any co-owner.

1988, c. 84, s. 313; 1997, c. 96, s. 112.

313.1. Any person, other than the debtor, who pays a school tax owed by another person is subrogated by operation of law in the prior claims and legal hypothecs of the school board on the immovables of the debtor and may recover from the debtor the amount of taxes so paid. Such subrogation shall be of no effect unless the receipt which the school board is required to issue states that the payment was made by a third party for the debtor.

The name of such third party shall be recorded in the books of the school board.

1997, c. 96, s. 113.

• 3. — Collection of school taxes

314. Once the school tax is levied, the director general of the school board shall mail a request for payment of school taxes to every owner of an immovable which is taxable by the school board, except where the collection of the school tax is entrusted to the municipality or to another school board pursuant to section 304 or 307.

1988, c. 84, s. 314; 1989, c. 36, s. 267; 1990, c. 8, s. 36; 1996, c. 2, s. 698; 1999, c. 40, s. 158; 2000, c. 56, s. 160.

315. School taxes are payable 31 days from the sending of the tax bill. School taxes are payable in a single payment.

However, if the school tax is equal to or greater than the amount set by the regulation made under paragraph 4 of section 263 of the Act respecting municipal taxation (chapter F-2.1), the debtor may choose to pay it in two equal payments. The second payment is payable 121 days after the sending of the tax bill.

If the first payment is not made within the period prescribed, the entire amount becomes payable immediately. However, the school board may provide that only the first payment becomes payable immediately.

1988, c. 84, s. 315; 2006, c. 54, s. 2.

316. Interest is payable on school taxes at the rate fixed by the school board.

The last rate fixed applies to any tax unpaid at the time it is fixed, from the date on which the tax became due.

Every tax bill shall set out clearly the rate of interest in force at the time the bill is sent and the fact that the interest rate may be changed without prior notice.

 

317. No school board may waive the payment of school taxes or interest. 1988, c. 84, s. 317.

317.1 . In addition to being a prior claim within the meaning of paragraph 5 of article 2651 of the Civil Code, the school tax is secured by a legal hypothec on the immovable subject to the tax.

Registration by the school board of a legal immovable hypothec does not prevent it from exercising its prior claim.

1997, c. 96, s. 115.

317.2. A creditor who takes proceedings in execution or who, as holder of an immovable hypothec, has registered a prior notice of his intention to exercise his hypothecary rights, may request the school board to declare the amount of its prior claim. The request must be registered and proof of its notification must be filed at the registry office.

Within 30 days following the notification, the school board must declare the amount of its claim and enter it in the land register; such a declaration does not have the effect of limiting the priority of the school board’s claim to the amount entered.

An application for registration, in the land register, of the request for declaration and of the declaration shall be made in the form of a notice. In addition to the provisions of this section and the requirements of the regulation made under Book IX of the Civil Code, the notice shall indicate the legislative provision under which it is given, the name of the debtor and the name of the school board; the notice does not require attestation and may be presented in single copy.

1997, c. 96, s. 115.

318. Any action for the recovery of school taxes brought against an owner is prescribed by three years from the date they become payable.

1988, c. 84, s. 318.

 

 

 

319. The school board shall collect the school taxes itself. It may, however, enter into an agreement with the municipality having jurisdiction to send municipal tax accounts in the territory of the school board or part thereof under which the municipality shall collect, on its behalf, the school taxes on the immovables situated in their common territory.

Where such an agreement exists, the municipality shall collect, on behalf of the school board, the amount of the school taxes in any manner it sees fit and with the same rights and obligations as for the collection of municipal property taxes.

Notwithstanding the foregoing, the payment of school taxes of a school board shall be demanded in a single payment or, in the case referred to in the third paragraph of section 315, in two equal payments but shall not necessarily be demanded in the same bill as the municipal tax.

1988, c. 84, s. 319; 1999, c. 40, s. 158; 2006, c. 54, s. 3.

320. The municipality may withhold an amount to cover expenses incurred in collecting school taxes, by agreement with the school board.

1988, c. 84, s. 320.

321 . The municipality shall pay the amount of the school tax to the school board as and when it is collected or as agreed between them.

1988, c. 84, s. 321.

322. The municipality shall remit to the school board any additional amount relating to school taxes payable by an owner under the Act respecting municipal taxation (chapter F-2.1).

The school board shall remit to the municipality any amount relating to school taxes reimbursed to an owner under the Act respecting municipal taxation.

The remittances shall be made on the first day of the month of April, July or November following the due date of the billing or the reimbursement of the amount, whichever of those three dates is closest.

 

Any amount remitted after the applicable time limit bears interest at a rate equal to the maximum rate fixed under section 50 of the Act respecting municipal debts and loans (chapter D-7) from the expiration of that time limit. If the maximum rate is changed after the expiration of that time limit but before the amount is paid, the new rate applies from passage of the order.

1988, c. 84, s. 322.

323. Notwithstanding any legislative provision to the contrary, every municipality shall pay to the school board the contributions or subsidies that are given in lieu of the school tax within 15 days of their collection.

Where a municipality receives a partial payment, it shall, within the same time limit, pay a part of that payment to the school board proportionate to the ratio between the amount owing as school tax and the total amount.

Every amount remitted after the time limit bears interest at the rate prescribed under the fourth paragraph of section 322.

1988, c. 84, s. 323.

324. The clerk of the municipality shall forward to the school board any information it requires in writing in respect of the school tax and the contributions or subsidies given in lieu thereof.

1988, c. 84, s. 324.

• 4. — Recovery of school taxes

1. SEIZURE AND SALE OF MOVABLE PROPERTY
2. The provisions of the Code of Civil Procedure (chapter C-25) respecting the seizure in execution of movable property apply except as otherwise provided in this subdivision.

1988, c. 84, s. 325.

326. The director general may collect, with costs, the taxes due by any owner by the seizure and sale of his movable property not exempt from seizure that is found in the territory of the school board.

 

327. The seizure and sale are made under a writ prepared by the chair of the school board and signed and issued by the clerk of the Court of Quebec or the clerk of the Superior Court, according to the amount of the claim.

The clerk shall issue the writ upon production of a certificate from the chair of the school board attesting the amount of the debt and the fact that it is due and owing.

1988, c. 84, s. 327; 2008, c. 29, s. 34.

328. The writ is addressed to a bailiff, who shall execute it in the same manner as a writ of seizure in execution of movable property issued by the Court of Quebec.

1988, c. 84, s. 328.

329. The bailiff shall announce the day and place of sale of the seized movable property by public notice given in accordance with the Code of Civil Procedure (chapter C-25).

1988, c. 84, s. 329.

330. The public notice shall state the name and address of the person whose property is to be sold.

1988, c. 84, s. 330.

2. OPPOSITIONS TO SEIZURE AND SALE OF MOVABLE PROPERTY AND OPPOSITIONS TO PAYMENT OUT OF PROCEEDS OF SALE

331 . The debtor or any person having a right to claim the movable property seized may oppose the seizure and sale, the former on any of the grounds listed in article 596 of the Code of Civil Procedure (chapter C-25), and the latter on any of the grounds listed in article 597 of the said Code.

In addition to the grounds mentioned in article 596 of the Code of Civil Procedure, opposition to annul may be brought before the court of

 

competent jurisdiction for any cause likely to affect the claim of the school board.

1988, c. 84, s. 331; 1992, c. 57, s. 594.

332. The opposition shall be accompanied by a declaration under oath attesting that the allegations therein contained are true, and that it is not made with intent to unjustly delay the sale, but with a view to obtaining justice. It shall be served upon the bailiff entrusted with the execution of the writ of seizure and returned to the office of the Court of Quebec, within eight days following the service.

1988, c. 84, s. 332.

333. On being served with an opposition, the bailiff shall stay the proceedings, and, within eight days following the service, he shall return all his proceedings respecting the writ of seizure to the office of the court mentioned in the opposition.

1988, c. 84, s. 333.

334. The opposition shall thereafter be contested, heard and decided according to the rules of procedure governing oppositions to the seizure and sale of movable property before the court in which it is brought.

1988, c. 84, s. 334.

• . Where the opposition to the seizure and sale is dismissed, the court shall order the bailiff entrusted with the seizure, or any other bailiff, to proceed on the writ of seizure, and, upon the delivery to him of such writ and of a copy of the judgment, the bailiff shall proceed with the sale of the movable property seized, after notice given in the manner provided in the Code of Civil Procedure (chapter C-25).

1988, c. 84, s. 335.

• . Where no opposition to the distribution of the proceeds of the sale of the seized movable property is made, the bailiff shall return the writ and his proceedings, and remit the proceeds of the sale, after deducting the costs of seizure and sale, to the director general, who shall apply such proceeds towards the payment of the school taxes for which the writ of seizure was

 

issued.

• . Where an opposition is made to the payment of the proceeds of the sale, the bailiff shall remit the moneys in his possession, after deducting the costs of seizure and sale, to the director general, who shall receive them on deposit, and make a return of all his proceedings respecting the seizure and sale to the court.

The opposition shall thereafter be contested, heard and decided according to the rules of procedure governing oppositions to payment before the court in which it is brought.

The proceeds of the sale shall be distributed by the court, and paid by the director general as ordered by the court.

1988, c. 84, s. 337.

338. If there is any surplus, the director general shall pay it to the owner whose property was sold.

1988, c. 84, s. 338.

3. SALE OF IMMOVABLE PROPERTY
4. Before the beginning of the month of November every year, the director general shall prepare a statement of the school taxes remaining due and owing by owners.

The statement shall show the name and address of each owner and describe the taxable immovables subject to the school tax according to the assessment roll. The description of the taxable immovables is made in accordance with the provisions of the Cities and Towns Act (chapter C-19) respecting the sale of immovables for non-payment of taxes.

1988, c. 84, s. 339.

340. The statement contemplated in section 339 shall be submitted to the school council for approval.

 

Before the beginning of the month of November, the director general shall transmit the approved statement to the secretary-treasurer of the local municipality governed by the Municipal Code of Quebec (chapter C-27.1) in whose territory the immovables are situated.

The provisions of the Municipal Code of Quebec respecting the sale of immovables for non-payment of taxes, including the redemption of immovables sold, apply.

Where the taxes to be collected relate to immovables situated in the territory of a municipality governed by the Cities and Towns Act (chapter C-19), the provisions of that Act respecting the sale of immovables for non­payment of taxes and the redemption of immovables sold apply.

1988, c. 84, s. 340; 1996, c. 2, s. 699.

• . Where the director general of a school board receives from the secretary-treasurer of the municipality a statement of the immovable property to be sold for taxes by the secretary-treasurer of the regional county municipality, he shall, if he has not already done so under section 340 with respect to the secretary-treasurer of the local municipality, forward to the secretary-treasurer of the regional county municipality, before 31 December, a statement showing the amount of school taxes due and affecting each such immovable for school purposes; the secretary- treasurer of the regional county municipality shall take such claim into account in preparing his list.

1988, c. 84, s. 341.

• . Where immovables in the territory of a school board are put up for sale for non-payment of school taxes, the school board may bid for and purchase immovables through its chair or another person authorized by the school board, without being bound to pay the purchase price forthwith.

The school board may also bid for and purchase those immovables at any sheriff’s sale or any other sale having the effect of a sheriff’s sale.

In no case, however, may the bid of the school board exceed the amount of the school taxes in principal, interest and costs, plus a sufficient amount to satisfy any prior claim of prior or equal rank to the school taxes, in which case the school board shall pay the purchase price in the same manner as any other bidder.

 

 

 

343. The school board shall enter in its own name the immovables purchased at auction upon the assessment and collection rolls and upon the special apportionment rolls; such immovables shall remain subject to municipal and school taxes like any other immovables and shall be so assessed but the municipal taxes shall not be collectable from the school board.

If the right of redemption is exercised, the redemption price shall include, in addition to the amount paid by the school board for the immovable and interest thereon at 10%, the amount of the municipal and school taxes levied on the immovable from the date of the auction purchase to the date of the redemption, or the instalments due upon such taxes if they are payable by instalments, and also the sums of money owing for municipal and school taxes which were not paid in the distribution of the proceeds of the sale.

After the redemption, the undue instalments of special taxes shall continue to encumber the redeemed immovable and the owner shall be liable therefor.

If the right of redemption is not exercised within the period fixed by law, the director general, sheriff or clerk, as the case may be, shall draw up and sign a deed of sale in favour of the school board and cause it to be registered.

1988, c. 84, s. 343.

344. Immovables acquired at auction by the school board which are not redeemed and are not required for the carrying on of its activities shall be sold in accordance with the regulation referred to in the second paragraph of section 272. .

1988, c. 84, s. 344.

• 5. — Referendum

345. REPEALED

 

347. REPEALED
348. REPEALED
349. REPEALED
350. REPEALED
351. REPEALED
352. REPEALED
353. REPEALED DIVISION VIII

Repealed, 1997, c. 47, s. 26.

354. (Repealed).

1988, c. 84, s. 354; 1997, c. 47, s. 26.

355. (Repealed).

1988, c. 84, s. 355; 1997, c. 47, s. 26.

356. (Repealed).

1988, c. 84, s. 356; 1997, c. 47, s. 26.

357. (Repealed).

1988, c. 84, s. 357; 1997, c. 47, s. 26.

358. (Repealed).

1988, c. 84, s. 358; 1997, c. 47, s. 26.

359. (Repealed).

1988, c. 84, s. 359; 1997, c. 47, s. 26.

360. (Repealed).

1988, c. 84, s. 360; 1997, c. 47, s. 26.

361. (Repealed).

1988, c. 84, s. 361; 1997, c. 47, s. 26.

362. (Repealed).

1988, c. 84, s. 362; 1997, c. 47, s. 26.

363. (Repealed).

1988, c. 84, s. 363; 1997, c. 47, s. 26.

364. (Repealed).

1988, c. 84, s. 364; 1997, c. 47, s. 26.

365. (Repealed).

1988, c. 84, s. 365; 1997, c. 47, s. 26.

366. (Repealed).

1988, c. 84, s. 366; 1991, c. 27, s. 9; 1997, c. 47, s. 26.

366.1. (Repealed).

1991, c. 27, s. 10; 1997, c. 47, s. 26.

367. (Repealed).
368. (Repealed).

1988, c. 84, s. 368; 1997, c. 47, s. 26.

369. (Repealed).

1988, c. 84, s. 369; 1997, c. 47, s. 26.

370. (Repealed).

1988, c. 84, s. 370; 1997, c. 47, s. 26.

371. (Repealed).

1988, c. 84, s. 371; 1997, c. 47, s. 26.

372. (Repealed).

1988, c. 84, s. 372; 1997, c. 47, s. 26.

373. (Repealed).

1988, c. 84, s. 373; 1997, c. 47, s. 26.

374. (Repealed).

1988, c. 84, s. 374; 1997, c. 47, s. 26.

375. (Repealed).

1988, c. 84, s. 375; 1997, c. 47, s. 26.

376. (Repealed).

1988, c. 84, s. 376; 1997, c. 47, s. 26.

377. (Repealed).

 

378. (Repealed).

1988, c. 84, s. 378; 1997, c. 47, s. 26.

379. (Repealed).

1988, c. 84, s. 379; 1997, c. 47, s. 26.

380. (Repealed).

1988, c. 84, s. 380; 1997, c. 47, s. 26.

381. (Repealed).

1988, c. 84, s. 381; 1990, c. 8, s. 40; 1997, c. 47, s. 26.

382. (Repealed).

1988, c. 84, s. 382; 1990, c. 8, s. 41; 1997, c. 47, s. 26.

383. (Repealed).

1988, c. 84, s. 383; 1997, c. 47, s. 26.

384. (Repealed).

1988, c. 84, s. 384; 1990, c. 78, s. 54; 1997, c. 47, s. 26.

385. (Repealed).

1988, c. 84, s. 385; 1997, c. 47, s. 26.

386. (Repealed).

1988, c. 84, s. 386; 1997, c. 47, s. 26.

 

387. (Repealed).

1988, c. 84, s. 387; 1997, c. 47, s. 26.

388. (Repealed).

1988, c. 84, s. 388; 1997, c. 47, s. 26.

389. (Repealed).

1988, c. 84, s. 389; 1990, c. 28, s. 8; 1997, c. 47, s. 26.

390. (Repealed).

1988, c. 84, s. 390; 1989, c. 36, s. 268; 1996, c. 2, s. 700; 1997, c. 47, s. 26.

391. (Repealed).

1988, c. 84, s. 391; 1997, c. 47, s. 26.

DIVISION IX

PROCEDURE

• 1. — By-laws and resolutions

392. No by-law may be adopted by a school board where this procedure is provided for in this Act, unless the school board gives public notice of 30 days before adoption, indicating the object of the by-law, the day appointed for its adoption and the place where the draft may be examined.

The school board shall send to each governing board a copy of every draft by-law within the same period before adoption; copy thereof shall also be sent in the same manner to the parents’ committee.

This section does not apply to by-laws pertaining to the delegation of functions or powers of the school council.

1988, c. 84, s. 392; 1997, c. 96, s. 116.

393. No resolution may be adopted by a school board authorizing an application to be made to the Government for the making of an order pursuant to this Act, unless the school board gives public notice of at least 30 days before adoption, indicating the object of the resolution and the day appointed for its adoption.

A school board shall send to each governing board a copy of every draft resolution within the same period before adoption; copy thereof shall also be sent in the same manner to the parents’ committee.

1988, c. 84, s. 393; 1997, c. 96, s. 117.

394. By-laws come into force on the day of the publication of a public notice that they have been adopted or on any later date indicated in the notice.

1988, c. 84, s. 394; 1990, c. 8, s. 66.

395. The secretary general of a school board shall, without delay, send a true copy of the by-laws to each governing board and to the parents’ committee.

1988, c. 84, s. 395; 1997, c. 96, s. 118.

• . All by-laws shall be recorded in a by-law registry kept at the head office of the school board.

Each entry of by-laws in the by-law registry shall be signed by the chair and the secretary general of the school board.

1988, c. 84, s. 396; 2008, c. 29, s. 34.

• 2. — Public notices
• . All public notices shall be posted up in each school and each centre of the school board and published in at least one newspaper circulated in the territory of the school board.

1988, c. 84, s. 397; 1997, c. 96, s. 119.

398. The notice shall indicate its object and shall be published within the time limit prescribed by this Act or, where none is prescribed, as soon as possible.

1988, c. 84, s. 398.

CHAPTER VI

COMITE DE GESTION DE LA TAXE SCOLAIRE DE L’lLE DE MONTREAL

DIVISION I

CONSTITUTION AND COMPOSITION

399. The Comite de gestion de la taxe scolaire de l’ile de Montreal replaces the Conseil scolaire de l’ile de Montreal. The Comite shall acquire the rights and assume the obligations of the Council.

The Comite has jurisdiction over the school boards situated in whole or in part on the island of Montreal in those matters that are assigned to it.

1988, c. 84, s. 399; 2002, c. 75, s. 2.

400. The Comite is a legal person established in the public interest.

1988, c. 84, s. 400; 1997, c. 96, s. 120; 2002, c. 75, s. 31.

401 . The head office of the Comite is located in the territory of Ville de Montreal.

The Comite shall notify the Minister and give public notice of the location or of any relocation of the head office.

The Comite shall send a copy of the notice to each school board on the island of Montreal.

1988, c. 84, s. 401; 1989, c. 36, s. 269; 1996, c. 2, s. 701; 2000, c. 56, s. 161; 2002, c. 75, s. 31.

402. The Comite shall consist of members designated in the following manner:

(1) each school board on the island of Montreal shall designate one person from among its school council members referred to in paragraphs 1 to 4 of section 143; ;

(2) the Minister shall designate two persons, one person chosen from among the managerial staff of the Ministere de l’Education, du Loisir et du Sport and another person domiciled on the island of Montreal, chosen after consultation with the parents’ committees of the school boards on the island of Montreal.

If a school board fails to make the designation as provided in subparagraph 1 of the first paragraph, the Minister shall, within 30 days of the vacancy, designate a person from among that school board’s school council members. .

1988, c. 84, s. 402; 2002, c. 75, s. 3; 2005, c. 28, s. 195.

403 . A school board may designate another of its school council members referred to in any of paragraphs 1 to 4 of section 143 as a substitute to attend and vote at meetings of the Comite when a regular member is unable to do so .

1988, c. 84, s. 403; 2002, c. 75, s. 4.

404. The director general shall take part in the sittings of the Comite but is not entitled to vote.

1988, c. 84, s. 404; 2002, c. 75, s. 31.

405. (Repealed).

1988, c. 84, s. 405; 1990, c. 8, s. 42; 2002, c. 75, s. 5.

406. (Repealed).

1988, c. 84, s. 406; 2002, c. 75, s. 6.

407. No officer or employee of the Comite or of a school board on the island of Montreal may be designated or appointed as a member of the Comite.

1988, c. 84, s. 407; 2002, c. 75, s. 7.

DIVISION II

OPERATION

408. (Repealed).

1988, c. 84, s. 408; 2002, c. 75, s. 8.

409. The members of the Comite shall designate a president from among themselves.

The president must be a person referred to in subparagraph 1 of the first paragraph of section 402.

1988, c. 84, s. 409; 2002, c. 75, s. 9.

410. (Repealed).

1988, c. 84, s. 410; 2002, c. 75, s. 10.

411 . The Comite shall send a copy of the notice and of the agenda for its extraordinary meetings to each school board on the island of Montreal at the same time it sends the copies to the members of the Comite.

1988, c. 84, s. 411.

412. The Comite may delegate certain of its functions and powers to the secretary or to another member of the personnel of the Comite.

1988, c. 84, s. 412; 2002, c. 75, s. 11.

413. (Repealed).

1988, c. 84, s. 413; 2002, c. 75, s. 12.

414. (Repealed).

1988, c. 84, s. 414; 2002, c. 75, s. 12.

415. Sections 159, 160, the first paragraph of section 161, the first and

second paragraphs of section 163, sections 164 to 166, 169 to 173, 175 to 176 and 177 to 178 apply, with the necessary modifications, to the Comite or to its members.

1988, c. 84, s. 415; 2002, c. 75, s. 13.

• . The Comite shall fix the date, time and place of its regular sittings. It shall hold at least one regular sitting each school year.

2002, c. 75, s. 13.

DIVISION III

Repealed, 2002, c. 75, s. 14.

416. (Repealed).

1988, c. 84, s. 416; 1990, c. 8, s. 43; 2002, c. 75, s. 14.

417. (Repealed).

1988, c. 84, s. 417; 1990, c. 8, s. 44; 2002, c. 75, s. 14.

418. (Repealed).

1988, c. 84, s. 418; 2002, c. 75, s. 14.

419. (Repealed).

1988, c. 84, s. 419; 1990, c. 8, s. 45; 1997, c. 96, s. 121; 2002, c. 75, s. 14.

DIVISION IV

STAFF

420. The Comite shall appoint a director general and the necessary staff for its operations.

The director general shall be appointed for a period determined by a regulation of the Minister made under section 451.

Every year, at least 30 days before the anniversary date of the coming into force of the employment contract of the director general, the Comite shall

evaluate the director general. The evaluation shall be sent to the director general, the members of the Comite, the school councils of the school boards on the island of Montreal and the Minister.

Sections 200 to 201.2 , adapted as required, apply to the director general of the Comite.

1988, c. 84, s. 420; 1997, c. 96, s. 122; 2002, c. 75, s. 31.

421. REPEALED
422. The Comite shall designate a member of its executive staff to perform the functions of the director general if he is absent or unable to act.

1988, c. 84, s. 422; 1990, c. 78, s. 54; 1997, c. 96, s. 123; 2002, c. 75, s. 31.

DIVISION V

FUNCTIONS AND POWERS

423. The Comite may, with the authorization of the Minister and on the conditions he determines, borrow money by any legal means for its purposes and the purposes of school boards on the island of Montreal when they use the services of the Comite.

Sections 288 to 290, adapted as required, apply to the Comite.

The second paragraph of section 288 also applies to the school boards on the island of Montreal.

1988, c. 84, s. 423; 1990, c. 8, s. 46; 2002, c. 75, s. 16.

424. The funds required for the amortization of the principal and the payment of interest on the bonds or other evidences of indebtedness or securities issued by the Council from 1 July 1998 shall be derived from the general revenue of the Council and of the school boards on the island of Montreal.

The funds required for the amortization of the principal and the payment of interest on the bonds or other evidences of indebtedness or securities

forming part of the bonded debt of the Council on 1 July 1998 shall be derived from the general revenue of the Council and of the school boards on the island of Montreal.

1988, c. 84, s. 424; 1997, c. 96, s. 124.

• . The funds required for the amortization of the principal and the payment of interest on bonds or other evidences of indebtedness or securities issued by the Comite on or after 28 February 2003 shall be derived from the general revenue of the Comite and of the school boards on the island of Montreal.

The funds required for the amortization of the principal and the payment of interest on bonds or other evidences of indebtedness or securities forming part of the debt of the Comite on 28 February 2003 shall be derived from the general revenue of the Comite and of the school boards on the island of Montreal.

2002, c. 75, s. 17.

425. The bonds or other evidences of indebtedness or securities issued by the Council from 1 July 1998 constitute a direct, general and unconditional undertaking of the Council and of the school boards on the island of Montreal and rank pari passu with all other undertakings of the Council and of the school boards on the island of Montreal in respect of loans of money not secured by hypothec or other encumbrance.

The same applies to those bonds or other evidences of indebtedness or securities forming part of the bonded debt of the Council on 1 July 1998.

1988, c. 84, s. 425; 1997, c. 96, s. 125.

• . The bonds or other evidences of indebtedness or securities issued by the Comite on or after 28 February 2003 constitute a direct, general and unconditional undertaking of the Comite and of the school boards on the island of Montreal and rank pari passu with all other undertakings of the Comite and of the school boards on the island of Montreal in respect of loans not secured by hypothec or other encumbrance.

The same applies to bonds or other evidences of indebtedness or securities forming part of the debt of the Comite on 28 February 2003.

1990, c. 78, s. 11; 1997, c. 47, s. 27; 2002, c. 75, s. 18.

426. Before being delivered, every bond issued by the Comite shall be stamped with the seal of the Ministere des Affaires municipales, des Regions et de l’Occupation du territoire and provided with a certificate of the Minister of Municipal Affairs, Regions and Land Occupancy or of a person specially authorized by him attesting that the resolution authorizing the issue thereof has been approved by the Minister of Municipal Affairs, Regions and Land Occupancy and that such bond is issued in accordance with that resolution.

Every bond issued pursuant to a resolution approved by the Minister of Municipal Affairs, Regions and Land Occupancy that bears such seal and certificate is valid and its validity cannot be contested for any reason.

This section does not apply to any issue of bonds made or to any loan contracted after 7 March 1982.

1988, c. 84, s. 426; 1999, c. 43, s. 13; 2002, c. 75, s. 31; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

427. The Comite may authorize a person designated by it to keep, outside Quebec, in its place and stead, a register for the entry of the bonds or other evidences of indebtedness or securities redeemable in foreign currency issued by it or already included in its bonded debt. The register will also serve for the entry of the names and addresses of the original holders or transferees of the bonds or other evidences of indebtedness or securities redeemable in foreign currency, the amount, date of issue and number of each such bond or other evidence of indebtedness or security, and the date on which each such entry is made.

Sections 23 and 24 of the Act respecting municipal debts and loans (chapter D-7) cease from such date to apply in respect of the bonds or other evidences of indebtedness or securities in respect of which the entry is made.

This section does not apply to any issue of bonds made after 7 March 1982.

1988, c. 84, s. 427; 2002, c. 75, s. 31.

428. The Comite shall receive government subsidies, which have not been transferred as loan securities, relating to the bonds or other evidences of indebtedness or securities forming part of any bonded debt contracted for its purposes and those of the school boards on the island of Montreal.

1988, c. 84, s. 428; 2002, c. 75, s. 31.

429. For the purposes of the rules contained in the Civil Code as regards investments presumed sound, the Comite is considered a school board.

1988, c. 84, s. 429; 1999, c. 40, s. 158; 2002, c. 75, s. 31.

430. Each school board on the island of Montreal, by by-law, shall adopt measures calculated to ensure the upgrading of education in economically disadvantaged areas of school boards on the island of Montreal.

1988, c. 84, s. 430; 1990, c. 78, s. 54; 2002, c. 75, s. 19.

431. Following an agreement with a school board, the Comite may provide technical, administrative or financial support services to it. The agreement shall provide for the costs of such services.

1988, c. 84, s. 431; 2002, c. 75, s. 31.

432. (Repealed).

1988, c. 84, s. 432; 1990, c. 78, s. 54; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 96, s. 126; 2002, c. 75, s. 20.

433. (Repealed).

1988, c. 84, s. 433; 2002, c. 75, s. 20.

434. (Repealed).

1988, c. 84, s. 434; 1990, c. 8, s. 47; 1990, c. 28, s. 9; 1990, c. 78, s. 54; 2002, c. 75, s. 20.

• . The Comite shall levy a school tax on every taxable immovable situated in the territory of the school boards on the island of Montreal to meet their needs.

1990, c. 28, s. 9; 2002, c. 75, s. 31.

• The maximum school tax rate that may be levied by the Comite is the lesser of the following rates:
• $0.35 per $100 of the standardized assessment of taxable immovables or a portion of that assessment included in the property tax base of the school boards on the island of Montreal;
• the rate required to obtain tax proceeds, established at the time of the adoption of the school boards’ budget, corresponding to the sum of all the school boards’ maximum tax proceeds computed in accordance with section 308.

1990, c. 28, s. 9; 1999, c. 40, s. 158; 2002, c. 75, s. 31.

• Sections 302, 310, 311,313 to 318 and 324 to 344, adapted as required, apply to taxation by the Comite; for this purpose, the words “school board” refer to the Comite.

1990, c. 28, s. 9; 2002, c. 75, s. 31.

• For the purposes of section 434.1, where part of the territory of a school board on the island of Montreal is situated outside the island of Montreal, the Comite shall exercise, on that part of the territory, in accordance with sections 304 to 307, such functions and powers as would have been exercised by the school board if section 303 were applicable to it.

For determining the property tax base of a school board on the island of Montreal, the second paragraph of section 303 and sections 304 to 307 apply, where such is the case, as if the school tax were levied by the school board itself.

1990, c. 28, s. 9; 1999, c. 40, s. 158; 2002, c. 75, s. 21.

• Every year, each school board on the island of Montreal shall require from the Comite, by resolution, the payment of an amount that may not, however exceed the maximum school tax proceeds computed in accordance with section 308 . At the meeting at which the resolution is adopted, the Council shall present the tax rate projected by the Comite, in accordance with the second paragraph of section 435.

The school boards on the island of Montreal shall prepare and transmit to the Comite the documents and information it requests for the purposes of school taxation.

1990, c. 28, s. 9; 2002, c. 75, s. 22.

435. The Comite shall, each year, fix the rate of the school tax.

In addition, the Comite shall provide the school boards, before the adoption of the resolution referred to in the first paragraph of section 434.5, with a projection of the property tax rate that could result if the school boards require the maximum tax proceeds computed in accordance with section 308 .

1988, c. 84, s. 435; 1990, c. 8, s. 48; 1990, c. 28, s. 10; 1992, c. 23, s. 12; 2002, c. 75, s. 23.

436. The Comite itself shall collect the school tax that it levies. It may, however, enter into an agreement with any municipality competent to send out municipal tax accounts whose territory is wholly or partly comprised in that of a school board on the island of Montreal allowing the municipality to collect in its territory, on behalf of the Comite, the school tax levied by the Comite.

Where there is an agreement, the municipality shall collect, on behalf of the Comite, the amount of the school tax in the manner it sees fit and with the same rights and obligations as for the collection of the municipal property taxes and those prescribed under sections 320 to 324 for the collection of school tax.

Notwithstanding the foregoing, the payment of school taxes of a school board shall be demanded in one payment or, in the case referred to in the third paragraph of section 315, in two equal payments and there is no obligation to demand payment of the school tax in the same bill as the municipal tax.

1988, c. 84, s. 436; 1990, c. 8, s. 49; 1990, c. 28, s. 11; 1999, c. 40, s. 158;

2002, c. 75, s. 31; 2006, c. 54, s. 4.

437. (Repealed).

1988, c. 84, s. 437; 1990, c. 28, s. 12.

438. (Repealed).

1988, c. 84, s. 438; 1990, c. 28, s. 13.

439. The Comite shall apportion, for every school year, the proceeds of school tax and the investment income of all or part of the proceeds according to the following rules :

• each school board on the island of Montreal shall receive, not later than 3 January of each year, the part of the tax proceeds that corresponds to the proportion that the amount required by the school board is of the sum of the tax proceeds of all the school boards on the island of Montreal computed in accordance with section 308; a school board may not receive any amount in excess of its maximum tax proceeds;
• the remainder, after deducting the amount determined by the Comite for its purposes, shall be apportioned among the school boards to ensure the upgrading of education in economically disadvantaged areas served by those school boards, at such periods and according to such allocation rules as determined by a resolution adopted by the vote of at least two- thirds of the members of the Comite.

The remainder referred to in subparagraph 2 of the first paragraph must be apportioned in a fair and non-discriminatory manner.

1988, c. 84, s. 439; 1990, c. 28, s. 14; 1990, c. 78, s. 12, s. 54; 2002, c. 75, s. 24.

440. REPEALED
441. REPEALED
442. REPEALED

 

444. (Repealed).

1988, c. 84, s. 444; 1990, c. 8, s. 51; 1990, c. 28, s. 16; 1990, c. 78, s. 54; 2002, c. 75, s. 26.

445. The Comite shall adopt its operating, capital and debt service budget for the following school year and transmit it to the Minister before the date and in the form prescribed by him. The Comite shall also adopt and transmit to the Minister any budget estimates the Minister requests. The Comite shall send a copy of its budget to the school boards on the island of Montreal.

1988, c. 84, s. 445; 1992, c. 23, s. 13; 2002, c. 75, s. 31; 2009, c. 38, s. 20.

446. Sections 266, 270, 272, 274, 279 to 285, the first paragraph of section 286 and the second paragraph of section 287 apply to the Comite, with the necessary modifications.

1988, c. 84, s. 446; 1990, c. 8, s. 52; 1997, c. 96, s. 127; 2002, c. 75, s. 27.

CHAPTER VII

THE GOVERNMENT AND THE MINISTER OF EDUCATION, RECREATION AND SPORTS

DIVISION I

REGULATIONS

447. The Government may make regulations to be known as the “basic school regulation”.

The basic school regulation shall relate to

• the nature and objectives of educational services, including preschool education, instructional services, student services and special educational services as well as the general organizational framework thereof;
• the date, between the beginning of the school year and 1 January, for determining the age at which a person is eligible for admission to the educational services referred to in section 1.

In addition, the basic school regulation may

• establish rules on the school admission and enrolment of students and on school attendance;
• establish rules respecting the school calendar;
• establish rules respecting textbooks, instructional material or classes of instructional material and their accessibility;
  • prescribe the formalities and conditions governing instruction in English to foster the learning thereof;
• establish rules on the evaluation of learning achievement and the certification of studies;
• determine the diplomas, certificates and other official attestation awarded by the Minister and prescribe the conditions under which they are to be awarded;
• provide for the admission of students or categories of students under five years of age and indicate the educational services that they are to receive;
• authorize the Minister to draw up a list of the school boards to which subparagraph 6 applies and to specify the conditions for admission;
• allow, on conditions determined by the Minister, the admission of students or a category of students over the age limit provided for in section 1;
• (subparagraph repealed);
  • (subparagraph repealed);
• authorize a school board, on conditions and to the extent determined by the Minister, to exempt a category of students from the application of a provision of the basic school regulation.

1988, c. 84, s. 447; 1990, c. 8, s. 53; 1990, c. 78, s. 46, s. 54; 1992, c. 23, s. 14; 1993, c. 40, s. 63; 1997, c. 96, s. 128.

 

448. The Government shall, by regulation, establish a basic vocational training regulation and a basic adult education regulation.

The basic regulations shall relate to the nature and objectives of instructional, training and student services and, in the case of adult education, literacy and popular education services, as well as to the general organization framework for those services. The basic regulations shall prescribe, subject to the third paragraph of section 3, the conditions governing free access to those services.

The basic regulations may also

• establish rules on the school admission and enrolment of students;
• establish rules respecting the school calendar;
• establish rules respecting textbooks, instructional material or classes of instructional material and their accessibility;
• establish rules on the evaluation of learning achievement and the certification of prior learning;
• determine the diplomas, certificates and other official attestations awarded by the Minister and prescribe the conditions under which they are to be awarded;
• prescribe the cases in which, or the conditions or circumstances under which a person cannot avail himself of the right of free access to vocational training or adult education services provided for in the second paragraph of section 3;
• (subparagraph repealed);
• authorize a school board, on the conditions and to the extent determined by the Minister, to exempt a category of students from the application of a provision of the basic regulation.

1988, c. 84, s. 448; 1990, c. 8, s. 54; 1990, c. 78, s. 47, s. 54; 1997, c. 96, s. 129, s. 164.

449. (Repealed).

1988, c. 84, s. 449; 1990, c. 78, s. 54; 1997, c. 96, s. 164; 2000, c. 24, s. 36.

450. The Government may, by regulation, provide for the organization of services other than educational services to handicapped students and students with social maladjustments or learning disabilities.

1988, c. 84, s. 450.

451 . The Minister may, by regulation and with the authorization of the Conseil du tresor, establish for all or certain school boards and for the Comite de gestion de la taxe scolaire de l’Tle de Montreal, a classification of positions, the maximum number of positions in each job category, working conditions, remuneration, recourses and rights of appeal of the members of the staff who are not members of a certified association within the meaning of the Labour Code (chapter C-27).

The Conseil du tresor may limit the authorization requirement under the first paragraph to the matters it considers to be of governmental import. It may also attach conditions to its authorization.

1988, c. 84, s. 451; 1997, c. 96, s. 130; 2000, c. 8, s. 155; 2002, c. 75, s. 28.

452. The Government may, by regulation,

• (subparagraph repealed);
• determine the norms, conditions and procedure for disposing of an immovable of a school board or of the Comite de gestion de la taxe scolaire de l’Tle de Montreal and prescribe the cases in which and the conditions under which the disposal is to take place for a nominal price fixed by the Minister.

The regulation provided for in this section may

• require the authorization of the Minister at various stages; the authorization given may be subject to certain conditions;
• allow the Minister to waive the requirements of certain provisions of the regulation with regard to those dispositions of immovables which he indicates.

1988, c. 84, s. 452; 1990, c. 78, s. 54; 2002, c. 75, s. 31; 2006, c. 29, s. 37.

453. The Government may regulate student transportation, namely,

• to determine the stages of the process for awarding contracts for the transportation of students;
• to provide, for each stage, restrictions and conditions for awarding contracts;
• to limit the carriers with whom a school board may make agreements;
• to prescribe the minimum stipulations required to be included in a contract and establish standards in respect of its duration.

A regulation contemplated in this section may allow the Minister to exempt contracts for the transportation of students from the application of some of the provisions of that regulation.

1988, c. 84, s. 453; 1993, c. 27, s. 2; 1997, c. 96, s. 131.

454. The Government may, by regulation, establish the composition, mode of operation and functions of the advisory committee on student transportation.

1988, c. 84, s. 454.

• . The Government may by regulation, prescribe standards for the provision of childcare at school.

The regulation may also deal with the nature and objectives of and the general organizational framework for childcare provided at school.

1997, c. 58, s. 51; 1997, c. 96, s. 132.

455. The Government may define, by regulation, the expression “resident in Quebec” for the purposes of this Act.

The Government may also prescribe the categories of students excluded from entitlement to free educational services under the first paragraph of section 3.

Such categories may not operate to make an otherwise exempt student liable to pay a financial contribution.

1988, c. 84, s. 455.

• . For computing the maximum yield of the tax prescribed in section 308, the Government shall, by regulation,

• determine the rules for establishing the allowable number of students, specifying the students or categories of students that may be taken into account and prescribing a weighting index applicable to each student which may vary according to the categories of students;
• fix the rates of increase of the amounts per student;
• fix the rate of increase of the base amount;
• The Government may make any regulation required to ensure that elections for school council members are organized and held under Division III of Chapter V, in particular under sections 148, 149, 152, 153.5, 153.8, 153.11 and 153.17.

1990, c. 28, s. 17; 1992, c. 23, s. 15.

456. The Minister may, by regulation, establish

• a classification of teaching licences, the nature and term of such licences, and the requirements and procedure applicable to their issuance or renewal, as the case may be, including the documents and information to be furnished;
• the standards for evaluating the formal training of teachers for the determination of their qualifications.

1988, c. 84, s. 456; 2000, c. 24, s. 37.

• . The Minister shall, by regulation, establish the salary of the members of the inquiry committee set up under section 28 and rules relating to the reimbursement of expenses incurred by the members in the exercise of their functions.

1997, c. 43, s. 323.

457. (Repealed).

1988, c. 84, s. 457; 2000, c. 24, s. 38.

• . The Minister may determine by regulation

• the cases in which a school board may exercise the powers provided for in section 241.1 in respect of the admission of a child who has not attained the age of admission;
• the information which must be included in a request made under sections 96.17, 96.18 and 241.1 as well as the documents which must be attached to a request;
• the evaluations, consultations, opinions or recommendations required for the purposes of sections 96.17, 96.18 and 241.1.

1992, c. 23, s. 16; 1997, c. 96, s. 133.

• The Minister may determine by regulation the cases in which and the conditions on which a school board may permit a departure from the provisions of a basic regulation that relate to the list of subjects so that a special school project may be carried out.

The regulation must prescribe that a report be made to the Minister, at intervals determined by the Minister, on departures from those provisions granted to carry out special school projects.

2004, c. 38, s. 4.

• The Minister may determine by regulation the standards or conditions for the complaint examination procedure to be established by a school board and the nature of the complaints to which the procedure may apply, as well as the measures it must include.

2008, c. 29, s. 32.

• The Minister may, by regulation, require a school board to draw up documents to inform the population in its territory of its activities or administration.

The Minister may also make rules governing the publication or distribution by the school board of any type of document determined by the Minister. The rules may specify, among other things, when and how the publication or distribution must be carried out.

• The Minister may, by regulation, prescribe the amount and the formalities and conditions applicable to the financial contribution that a school board may require for its services referred to in subparagraph 1.1 of the first paragraph of section 255.
• The Minister may, by regulation, provide for and regulate the carrying out of information and prevention activities related to safety at school. The Minister may also, by regulation, prescribe or limit the application by school authorities of certain measures relating to safety at school and to the safety and physical integrity of students and the safety and integrity of their property.
• The Minister may, by regulation and in accordance with section 117, establish a transitional plan applicable to school boards affected by territorial changes.

2008, c. 29, s. 32.

458 . A draft copy of the regulation provided for in sections 447, 448 and 456 shall be submitted before passage to the Conseil superieur de l’education for preliminary examination.

1988, c. 84, s. 458; 1990, c. 78, s. 54; 2006, c. 52, s. 23.

DIVISION II

FUNCTIONS AND POWERS OF THE MINISTER OF EDUCATION, RECREATION AND SPORTS

459. 459. The Minister shall ensure quality in the educational services provided by school boards.

In order to exercise that function, the Minister may establish an approach for gradual implementation of the provisions of the basic regulations relating to the list of subjects and to the rules governing the evaluation of learning achievement and the certification of studies.

Moreover, following a request, with reasons, made by a school board, the Minister may permit, on the conditions and to the extent determined by the Minister, a departure from provisions of a basic regulation relating to the list of subjects so that a special school project applicable to a group of students may be carried out.

1988, c. 84, s. 459; 1990, c. 78, s. 54; 1997, c. 96, s. 134.

• . After consultation with the school boards, the Minister shall establish national indicators and make them available to all school boards, particularly so that they may define, in their commitment-to-success plans , the main challenges they face.

2002, c. 63, s. 29.

• The Minister may determine, for all school boards or based on the situation of one or certain school boards, policy directions, objectives and targets they must take into account in preparing their commitment-to- success plans.
• The Minister may, for any school board, prescribe terms governing the coordination of the entire strategic planning process between the educational institutions, the school board and the department.

The Minister may also, on receiving a school board’s commitment-to- success plan, require the school board to defer publication of the plan or to amend it to make it consistent with the expectations communicated under section 459.2.

• The Minister shall evaluate the results obtained under each school board’s commitment-to-success plan , at intervals determined by the Minister, and send the evaluation to the school board concerned.

The Minister and the school board shall agree on any corrective measures to be put in place to ensure that the policy directions, objectives and targets determined under section 459.2 are achieved.

If, despite the corrective measures, the Minister considers it unlikely that the school board will be able to achieve those goals or measurable objectives, the Minister may prescribe any additional measures to be put in place by the school board within a specified period.

2008, c. 29, s. 33.

• The Minister shall prepare a decentralized management practices guide for school boards and see that it is distributed.
• Within the scope of the Minister’s responsibilities, the Minister may issue directives to a school board concerning its administration, organization, operation and actions. Such directives may also complement or clarify the budgetary rules during a school year.

The directives may apply to one or more school boards and contain different elements according to the school board concerned.

The directives must be submitted to the Government for approval. Once approved, they are binding on the school board. Such directives must be tabled in the National Assembly within 30 days of being approved by the Government or, if the Assembly is not sitting, within 30 days of resumption.

460. 460. The Minister may, on such conditions as he determines, exempt any student or any category of students he determines from the application of certain rules of certification of studies or of prior learning.

1988, c. 84, s. 460; 1990, c. 78, s. 48; 1997, c. 96, s. 135.

461 . The Minister shall establish the programs for preschool education, the programs of compulsory subjects for elementary and secondary schools as well as the elective subjects specified in a list drawn up by him under section 463 and, if he considers it appropriate, the programs of vocational education.

Every program shall include compulsory objectives and contents and may include optional objectives and contents that shall be enriched or adapted according to the needs of students who receive the services.

The Minister may, in the broad areas of learning established by the Minister, prescribe activities or content to be integrated into the educational services provided to students, and determine exemption conditions.

The Minister shall seek the opinion of the Religious Affairs Committee on

the religious aspects of a program of studies in ethics and religious culture established by the Minister.

Furthermore, the Minister may establish literacy and presecondary and secondary education programs to be offered as part of the adult education services.

1988, c. 84, s. 461; 1990, c. 78, s. 49; 1997, c. 96, s. 136; 2000, c. 24, s. 39; 2005, c. 20, s. 4; 2012, c. 19, s. 21.

• . The Minister may permit the organization, by the school boards, of preschool educational services intended for students from underprivileged backgrounds having reached the age of four in the 12 months preceding the date prescribed by the third paragraph of section 1 for admission to preschool education.

In such a case, the Minister shall, after consultation with the Minister of Families, Seniors and the Status of Women establish conditions and procedures for the organization of such services. The Minister shall define the expression “from underprivileged backgrounds” in those conditions and procedures and specify the activities or services for the students’ parents that a school board must organize to help achieve the educational services objectives.

The conditions and procedures established under the second paragraph may be different from those determined by the basic school regulation and may, in particular, specify the responsibilities of the various participants from the educational sector. The conditions and procedures may be general or specific or they may be applicable only to one or to certain school boards.

In addition, the Minister may set objectives for and limits to the organization of the educational services by the school boards.

The aim of the consultation referred to in the second paragraph is to ensure complementarity between the preschool educational services organized under this section and the childcare services governed by the Educational Childcare Act (chapter S-4.1.1).

2013, c. 14, s. 3.

462. The Minister may draw up a list of textbooks, instructional material or classes of instructional material approved by him which may be selected for the teaching of the programs of studies established by him.

This section does not apply to vocational training or adult education.

1988, c. 84, s. 462; 1990, c. 78, s. 54; 1997, c. 96, s. 137; 2000, c. 24, s. 40.

463. The Minister shall draw up a list of elective subjects for which he establishes a program of studies, a list of vocational education programs, the number of credits assigned to each elective subject and to each vocational education program and a list of the subjects and vocational education programs for which he imposes examinations.

The Minister may authorize a school, following a request sent by the school board, to assign a greater number of credits than that prescribed in the basic school regulation to an elective subject for which the school board has adopted a local program of studies.

1988, c. 84, s. 463; 1990, c. 78, s. 54; 1997, c. 96, s. 138.

464. The Minister shall ensure that every school board, governing board, school principal, principal of a centre and teacher and the Conseil superieur de l’education have access, free of charge, to the programs and lists established by the Minister.

1988, c. 84, s. 464; 1997, c. 96, s. 139; 2000, c. 24, s. 41.

465. The Minister may establish, subject to what is prescribed in the basic regulations, conditions of admission to vocational education programs.

1988, c. 84, s. 465; 1990, c. 78, s. 50, s. 54; 1997, c. 96, s. 164.

466. The Minister may draw up a list of school boards which, for purposes of subsidies, are authorized to provide adult education services.

Expenditures incurred by an unlisted school board to provide such adult education services are not qualified for subsidies granted by the Minister of Education, Recreation and Sports.

Pursuant to an agreement with interested school boards which do not provide adult education services, a school board authorized under the first paragraph shall establish mechanisms whereby they may take part in the definition of its adult education policies.

In addition, in an agreement entered into with a school board not included on the list for the provision of adult education services, it may, with the authorization of the Minister and according to the conditions determined by him, send to that school board any sums received from the Minister as subsidies for the organization of those services.

1988, c. 84, s. 466; 1990, c. 8, s. 55; 1990, c. 78, s. 54; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 2005, c. 28, s. 195.

467. The Minister may, in particular to ensure the relevance of training to regional or provincial labour market needs, draw up a list of vocational education programs which a school board, for purposes of subsidies, is authorized to provide.

Expenditures incurred by a school board to provide any vocational education program that is not included on the list drawn up in its respect are not qualified for subsidies granted by the Minister of Education, Recreation and Sports.

1988, c. 84, s. 467; 1990, c. 78, s. 54; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 96, s. 140; 2005, c. 28, s. 195.

468. The Minister may establish a school, vocational training centre or adult education centre having a regional or provincial role under the jurisdiction of one or more school boards, pursuant to an agreement with each of the school boards concerned.

The agreement shall state the name and address of the institution, indicate the premises or immovables placed at its disposal, specify the educational services to be provided by the institution, the enrollment criteria, the territory to be served as well as the mode of administration and operation of the institution.

In addition, the agreement may entrust the management of any or all of the services provided by the institution to a committee or body established by the agreement and determine the distribution of the functions and powers between the institution, the school board and the committee or body.

Neither Chapter III nor Chapter IV applies to the institution.

1988, c. 84, s. 468; 1990, c. 78, s. 51; 1997, c. 96, s. 141.

469. The Minister shall establish criteria or requirements for the recognition by school boards of the learning acquired by a person otherwise than as prescribed in the basic school regulation established under section 447.

In addition, the Minister shall establish criteria or requirements for the recognition by school boards of the scholastic or experiential learning of a person enrolled in vocational training or adult education.

Moreover, the Minister may establish criteria or requirements for the recognition by school boards of the scholastic or experiential learning of persons referred to in subparagraph 1.1 of the first paragraph of section 255.

1988, c. 84, s. 469; 1990, c. 78, s. 52, s. 54; 1997, c. 96, s. 142.

470. The Minister may, to avoid penalizing students unduly, revise the results obtained by them in the examinations he imposes, to compensate for any error or ambiguity in the examinations brought to his attention after they are taken.

The Minister may, where circumstances so require, invalidate the examination and either retain as the final result the grades obtained in the school board internal examinations or hold another examination.

In addition, the Minister may, in accordance with the criteria and methods established by him, weight the results obtained in the school board internal examinations in subjects for which he imposes examinations, to make the results comparable to those obtained in the internal examinations held in other school boards.

1988, c. 84, s. 470.

471 . The Minister shall award diplomas, certificates and other official attestations prescribed in the basic regulations as well as the official attestations and transcripts of marks which he determines.

1988, c. 84, s. 471; 1990, c. 78, s. 54; 1997, c. 96, s. 164.

472 . After consulting with the school boards, the Minister shall establish annually and submit to the Conseil du tresor for approval, budgetary rules for the determination of the amount of operating expenses, capital expenditures and debt service expenses allowable for the purpose of subsidies to be allocated to school boards and the Comite de gestion de la taxe scolaire de l’Tle de Montreal. The budgetary rules shall be drafted in such a way as to provide an equitable apportionment with regard to the allocation of subsidies applicable to the operating expenses of school boards.

The budgetary rules shall also provide for the allocation of subsidies, to a school board authorized, for the purpose of subsidies to organize vocational training programs or adult education services or which fulfils a special obligation it is subject to under this Act, and, in particular, under subparagraphs 6 and 7 of the third paragraph of section 447 and sections

• and 468. The allocation of such subsidies may be made on the basis of general or specific standards or be subject to the authorization of the Minister.

The budgetary rules may provide that the allocation of subsidies applicable to capital expenditures and debt service for capital expenditures may be made on the basis of general or specific standards, be subject to the authorization of the Minister or be made only to one school board or certain school boards or the Comite de gestion de la taxe scolaire de l’Tle de Montreal.

The budgetary rules may provide that the allocation of subsidies applicable to the expenses referred to in the second and third paragraphs may also be subject to general conditions applicable to all school boards or to special conditions applicable only to one school board or certain school boards.

1988, c. 84, s. 472; 1990, c. 78, s. 54; 1997, c. 96, s. 143; 2002, c. 75, s. 29; 2013, c. 14, s. 4.

473. The budgetary rules may also prescribe

• the financial contribution to be collected from a person not resident in Quebec, within the meaning of the regulation of the Government, subject to the power of the Minister to exempt certain persons or categories of

persons from paying the contribution and, in the case of services referred to in the first paragraph of section 3, provided that only persons who are not so exempted from paying a financial contribution and who belong to a category of students excluded from entitlement to free educational services by a government regulation made under the second paragraph of section 455 are liable to pay such a contribution ;

• the maximum amount of the financial contribution that may be required for services to which the right to free access, as provided in section 3 does not apply, from a resident of Quebec enrolled in vocational training or adult education;
• the terms and conditions of the computation of subsidies payable to school boards for the application of the right of free access to vocational training or adult education services.

1988, c. 84, s. 473; 1990, c. 78, s. 54; 1997, c. 96, s. 144.

• . The budgetary rules may, subject to the conditions or according to the criteria prescribed therein or determined by the Minister, provide for the granting of subsidies or authorize the Minister to grant subsidies to school boards or to the Comite de gestion de la taxe scolaire de l’Tle de Montreal, in order to facilitate the operation of a school board that is established or that acquires jurisdiction over a new territory under section 116, to take into account special situations or to carry out certain projects or activities. The budgetary rules may also, subject to the conditions or in accordance with the criteria prescribed in them or determined by the Minister, stipulate that certain budgetary measures are intended for a transfer to the budget of educational institutions.

Such subsidies may

• be granted on the basis of general or special standards;
• be subject to general conditions applicable to every school board, or to special conditions applicable to one or some of them;
• be granted only to one or some of the school boards or to the Comite de gestion de la taxe scolaire de l’Tle de Montreal.

For the purposes of this section, the Minister may authorize any holder of a position at the Ministere de l’Education, du Loisir et du Sport to exercise functions or powers vested by the budgetary rules with respect to the subsidies granted under this section; section 11 of the Act respecting the Ministere de l’Education, du Loisir et du Sport (chapter M-15) does not apply to such an authorization.

1992, c. 23, s. 17; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 2002, c. 75, s. 31; 2005, c. 28, s. 195.

474. The budgetary rules may also provide, subject to the conditions prescribed by the Minister, that a subsidy shall be granted to a school board or to the Comite de gestion de la taxe scolaire de l’Tle de Montreal where the property of the school board or the Comite de gestion de la taxe scolaire de l’Tle de Montreal is damaged as the result of a disaster, theft or vandalism.

The Minister is, in such a case, subrogated to the rights of the school board or the Comite de gestion de la taxe scolaire de l’Tle de Montreal.

1988, c. 84, s. 474; 2002, c. 75, s. 31.

475. The Minister shall, in the budgetary rules contemplated in section 472, provide for the payment of an equalization grant to every school board whose fiscal resources are insufficient for a particular school year. The grant shall be fixed by the Minister after receipt of the school board’s budget

• by determining, for that school year, the school board’s maximum tax proceeds, computed in accordance with section 308 ;
• by determining, for the same school year, the yield of a school tax that could be levied by the school board at the maximum rate prescribed in section 308.1;
• by subtracting the amount obtained under subparagraph 2 from the amount obtained under subparagraph 1.

1988, c. 84, s. 475; 1990, c. 28, s. 18; 1992, c. 23, s. 18.

• . The Minister shall provide, in the budgetary rules referred to in section 472, for the payment of equalization grants to a school board on the island of Montreal equal to the amount obtained by subtracting the amount paid to the school board by the Comite de gestion de la taxe scolaire de l’Tle de Montreal under subparagraph 1 of the first paragraph of section 439 from the school board’s maximum tax proceeds, computed in accordance with section 308 .

2002, c. 75, s. 30.

475.2. (Repealed).

2006, c. 54, s. 5; 2013, c. 16, s. 186.

476. The Minister may, on the terms and conditions he determines, grant on behalf of the Government a subsidy to any school board or the Comite de gestion de la taxe scolaire de l’ile de Montreal for the payment, in whole or in part, out of the funds voted annually for such purpose by the Parliament, of the principal and interest of any loan contracted or to be contracted by the school board or the Comite de gestion de la taxe scolaire de l’ile de Montreal.

The school board shall apply the proceeds of the loan referred to in the first paragraph to the capital expenditures and debt service for the capital expenditures referred to in section 472, to the repayment of loans contracted for the purposes of such capital expenditures and debt service or to the payment of the costs and expenses related to the loan.

The Minister may entrust to the Minister of Finance, to be managed by him, any amount intended for the payment in principal of a loan contracted by the school board to establish a sinking fund for the purposes of paying, out of those amounts and on the maturity dates provided for the loan, the principal of the loan and, out of the proceeds or revenues of the fund, the loans contracted by any school board.

The third paragraph applies only to loans contracted before 1 April 1991. 1988, c. 84, s. 476; 1990, c. 66, s. 8; 2002, c. 75, s. 31.

477. The Minister may withhold or cancel all or part of the amount of any subsidy, other than a subsidy for the transportation of students, intended for a school board or the Comite de gestion de la taxe scolaire de l’ile de Montreal if it refuses or neglects to comply with a provision governing the school board and the Comite.

In no case, however, may the Minister withhold or cancel a subsidy granted under section 476 related to the payment in principal and interest of any duly authorized loan of a school board or the Comite de gestion de

la taxe scolaire de i’lle de Montreal.

1988, c. 84, s. 477; 2002, c. 75, s. 31.

• . The Minister may deposit with the Minister of Finance, to be managed by him, sums intended for the repayment of the principal of a loan in respect of which a subsidy has been granted under section 476, in order to constitute a sinking fund for the purpose of repaying, out of such sums, the principal of the loan, on the maturity dates under the terms of the loan.

The income of the sinking fund shall be used for the repayment of any duly authorized loan of any school board, or allocated for the repayment of any loan for which a sinking fund is constituted, in replacement of the sums that would otherwise be deposited under the first paragraph.

This section applies only to loans contracted on or after 1 April 1991.

1990, c. 66, s. 9.

• . On the recommendation of the Minister, the Government may, if it considers it advisable in the public interest and so as to foster effective and efficient management of the immovables belonging to school boards, order that the ownership of an immovable belonging to a school board be transferred to another school board so that the latter school board may establish an educational institution.

Such a transfer shall take effect on the date determined by the Government.

2000, c. 11, s. 7.

• The Government shall determine, by order in council, whether an indemnity is to be paid as consideration for the transfer and, where applicable, the amount of the indemnity and the other conditions of the transfer.

2000, c. 11, s. 7.

• Before making a recommendation to the Government, the Minister must give the school boards concerned an opportunity to present observations in writing and grant them at least 30 days to do so.

2000, c. 11, s. 7.

• Notwithstanding section 40 and paragraph 1 of section 79, a deed of establishment that places all or part of the immovable to which the decision applies at the disposal of an educational institution shall cease to have effect
• on 30 June, if the decision takes effect on 1 July following the decision; or
• on the date of the day preceding the date determined by the Government under section 477.1.1.

2000, c. 11, s. 7.

• Where the ownership of an immovable is transferred pursuant to section 477.1.1, a notice stating the facts that establish the transfer and containing a description of the immovable concerned shall be given to the registrar of the registration division in which the immovable is situated.

2000, c. 11, s. 7.

DIVISION II.1

COMMITTEES OF THE MINISTER § 1. — Repealed, 2005, c. 44, s. 3.

1. — (Repealed).

• (Repealed).

1997, c. 96, s. 145; 2005, c. 44, s. 3.

• (Repealed).

1997, c. 96, s. 145; 2005, c. 44, s. 3.

2. — (Repealed).

• (Repealed).

1997, c. 96, s. 145; 2005, c. 44, s. 3.

• (Repealed).

1997, c. 96, s. 145; 2005, c. 44, s. 3.

• (Repealed).

1997, c. 96, s. 145; 2005, c. 44, s. 3.

• (Repealed).

1997, c. 96, s. 145; 2005, c. 44, s. 3. § 2. — Repealed, 2005, c. 44, s. 3.

1. — (Repealed).

• (Repealed).

1997, c. 96, s. 145; 2005, c. 44, s. 3.

• (Repealed).

1997, c. 96, s. 145; 2005, c. 44, s. 3.

2. — (Repealed).

• (Repealed).

1997, c. 96, s. 145; 2005, c. 44, s. 3.

• (Repealed).

1997, c. 96, s. 145; 2005, c. 44, s. 3.

• (Repealed).

1997, c. 96, s. 145; 2005, c. 44, s. 3.

• 3. — Comite d’agrement des programmes de formation a I’enseignement

1. ESTABLISHMENT

• A teacher training program accreditation committee is hereby established under the name “Comite d’agrement des programmes de formation a I’enseignement”.

1997, c. 96, s. 145.

• The committee shall be composed of nine members, as follows:
• the chair shall be, alternately, an education sector professional and a person from university education sector;
• three elementary or secondary-level teachers;
• a teaching sector professional;
• three university-level teachers;
• a representative of the university education sector with experience at the preschool, elementary or secondary level.

At least two members of the committee must represent the English- language education sector.

The chair is appointed by the Minister, after consultation with the Minister of Higher Education, Research, Science and Technology.

The members referred to in subparagraphs 2 and 3 of the first paragraph are appointed by the Minister, after consultation with the interested bodies. The members referred to in subparagraphs 4 and 5 of the first paragraph are appointed by the Minister of Higher Education, Research, Science and Technology, after consultation with the interested bodies.

In addition, the Minister may appoint two associate members to the committee, one chosen from among the employees of the Ministere de {‘Education, du Loisir et du Sport, the other from among the managerial staff of the school boards. An additional associate member, chosen from among the employees of the Ministere de I’Enseignement superieur, de la Recherche, de la Science et de la Technologie, may be appointed by the Minister of Higher Education, Research, Science and Technology.

Associate members are not entitled to vote.

1997, c. 96, s. 145; 2005, c. 28, s. 195; 2013, c. 28, s. 160.

2. MISSION AND FUNCTIONS

• The mission of the committee is to advise the Minister on any matter relating to the accreditation of teacher training programs for the elementary and secondary levels.

The committee shall, in the pursuit of its mission,

• examine and approve training teacher programs for the preschool, elementary and secondary levels;
• make recommendations to the Minister concerning teacher training programs required for the issue of teaching licences;
• advise the Minister on the determination of the qualifications required of teachers at the elementary and secondary levels.

In addition, the committee shall advise the Minister of Higher Education, Research, Science and Technology on the financing of university-level teacher education programs.

Before approving a program or making a recommendation, the committee shall consult the administrative committee set up by the Minister of Higher Education, Research, Science and Technology to provide advice on university training programs.

1997, c. 96, s. 145; 2013, c. 28, s. 161.

• 4. — Repealed, 2005, c. 44, s. 4.

1. — (Repealed).

• (Repealed).

1997, c. 96, s. 145; 2005, c. 44, s. 4.

• (Repealed).

1997, c. 96, s. 145; 2005, c. 28, s. 195; 2005, c. 44, s. 4.

2. — (Repealed).

• (Repealed).

1997, c. 96, s. 145; 2005, c. 44, s. 4.

• 4.1. — Religious Affairs Committee 1. ESTABLISHMENT

477.18.1 . A Religious Affairs Committee is hereby established.

2000, c. 24, s. 42.

• The committee shall be composed of 13 members, including the committee chair, appointed by the Minister after consultation with groups or bodies active in the religious sector or in the education field, as follows:
• two parents of students attending an elementary school and two parents of students attending a secondary school;
• four members of the staff of school boards, including a teacher at the elementary level, a teacher at the secondary level, an education sector professional exercising education functions and a member of the management staff whose functions are related to educational services;
• four representatives of the university education sector, including one from the field of philosophy and three from the field of religious sciences;
• an employee of the Ministere de l’Education, du Loisir et du Sport.

The member referred to in subparagraph 4 of the first paragraph may not be appointed as the committee chair.

2000, c. 24, s. 42; 2005, c. 28, s. 195; 2005, c. 20, s. 5.

2. MISSION AND FUNCTIONS

• The mission of the committee is to advise the Minister on any matter relating to the place of religion in schools.

The committee may be called upon, in particular, to give its opinion on the orientations to be favoured in this area by the school system and on the adaptation of the school system to the socioreligious evolution of Quebec society.

The committee shall also give its opinion on the religious aspects of the programs of studies in ethics and religious culture established by the Minister.

When called upon to give its opinion, the committee shall consult interested persons or bodies.

2000, c. 24, s. 42; 2005, c. 20, s. 6.

• 5. — Operation
• Members of the committees shall be appointed for three years.

However, the Minister may appoint one-third of the first members designated by the Minister for one year and another third of the members designated by the Minister for two years.

1997, c. 96, s. 145; 2005, c. 44, s. 5.

• At the expiry of their terms, the members shall remain in office until reappointed or replaced.

The total duration of successive terms of a member and of any period in which the member remained in office between terms shall not exceed six years. At the end of such a six-year period, a member shall remain in office until replaced.

1997, c. 96, s. 145.

• Any vacancy during a term of office shall be filled, in the manner prescribed for the member’s appointment, for the unexpired portion of the term.

1997, c. 96, s. 145.

• Members of the committees shall receive no remuneration except in such cases, on such conditions and to such extent as the Government may determine. They are, however, entitled to the reimbursement of expenses incurred in the exercise of their functions on the conditions and to the extent determined by the Government.

1997, c. 96, s. 145; 2005, c. 44, s. 6.

• The chair shall preside at the meetings of the committee and manage its operations.

The Minister shall designate a member of the committee to replace the chair if the chair is absent or unable to act.

1997, c. 96, s. 145; 2005, c. 44, s. 7.

• The quorum at meetings of a committee is the majority of its members.

1997, c. 96, s. 145; 2005, c. 44, s. 8.

• The committees may hold their meetings anywhere in Quebec. 1997, c. 96, s. 145; 2005, c. 44, s. 9.
• The Minister shall place at the disposal of the committees the department personnel and physical resources they need for the exercise of their missions.

1997, c. 96, s. 145; 2005, c. 44, s. 10.

• 6. — Annual report
• The committees shall submit to the Minister, not later than 15 November each year, a report of its activities for the school year ending on the preceding 30 June.

1997, c. 96, s. 145; 2005, c. 44, s. 11.

• The Minister shall table the reports in the National Assembly within 30 days after receiving them if the Assembly is in session or, if it is not sitting, within 30 days of resumption.

1997, c. 96, s. 145.

DIVISION III

CONTROL MEASURES

478. 478. The Minister may designate a person generally or specially to ascertain whether the provisions of this Act and the statutory instruments are being complied with.

The person designated may

• enter, at any reasonable time, the premises or immovables of a school board, including the premises or immovables that are placed at the disposal of the educational institutions of the school board, or of the Comite de gestion de la taxe scolaire de l’Tle de Montreal;
• examine and make copies of any register or document relating to the activities of a school board or of any of the school board’s educational institutions or of the Comite de gestion de la taxe scolaire de l’Tle de Montreal;
• require any information or document relating to the application of this Act.

1988, c. 84, s. 478; 1997, c. 96, s. 146; 2002, c. 75, s. 31.

478.1 . On request, the person designated by the Minister must identify himself or herself and show a certificate of capacity, signed by the Minister.

1997, c. 96, s. 146.

478.2. REPEALED

• The Minister may designate a person to inquire into any matter relating to the quality of educational services or to the administration, organization or operation of any school board or of any of a school board’s educational institutions or of the Comite de gestion de la taxe scolaire de l’Tle de Montreal.

The person so designated shall be vested, for the purposes of an inquiry, with the immunity and powers of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1997, c. 96, s. 146; 2002, c. 75, s. 31.

• The Minister and the Deputy Minister have ex officio the right and power to make verifications or conduct inquiries.

1997, c. 96, s. 146; 2000, c. 24, s. 43.

• The Minister may, during or after a verification or inquiry, recommend or order that a school board or the Comite de gestion de la taxe scolaire de l’Tle de Montreal comply with oversight or monitoring measures or apply the corrective measures the Minister specifies.
• The Minister may, if of the opinion that the director general of a school board has been doing anything that is incompatible with the rules of sound management, appoint one or more persons to temporarily replace the director general for a period of up to 180 days.

479. 479. The Government may, during or after the verification or investigation, order all or part of the powers and functions of a school board or of the Comite de gestion de la taxe scolaire de l’Tle de Montreal suspended for a period not exceeding six months and appoint an administrator to exercise the powers of the school council or of the Comite de gestion de la taxe scolaire de l’Tle de Montreal.

The administrator appointed by the Government may, subject to the rights of third persons in good faith, annul any decision made by the school board or by the Comite de gestion de la taxe scolaire de l’Tle de Montreal under the powers which have been suspended.

 

The Government may extend the suspension of the powers of the school board or the Comite and the term of office of the administrator for two periods not exceeding six months each.

1988, c. 84, s. 479; 1990, c. 78, s. 54; 2002, c. 75, s. 31.

479.1. A person designated or appointed by the Minister or the Government under this division may not be prosecuted for acts done in good faith in the exercise of functions of office.

CHAPTER VIII

OFFENCES AND PENALTIES

480. REPEALED
481. REPEALED
482. REPEALED
483. REPEALED
484. REPEALED
485. REPEALED
486. (Repealed).

1988, c. 84, s. 486; 1990, c. 4, s. 509; 1999, c. 52, s. 13.

487. REPEALED
488. REPEALED
489. Every person who, by his act or omission, aids another person to commit an offence referred to in the second paragraph of section 149 as if he had committed it himself, if he knew or should have known that his act or omission would probably result in aiding to commit the offence.
490. 490. Every person who, through encouragement or advice or by means of an order, leads another person to commit an offence referred to in the second paragraph of section 149 may be found guilty of the offence, and of any other offence the other person commits as a result of his encouragement, advice or order, as if he had committed it himself, if he knew or should have known that his encouragement, advice or order would probably result in the commission of the offence.

1988, c. 84, s. 490.

491 . The school board may, in accordance with article 10 of the Code of Penal Procedure (chapter C-25.1), institute penal proceedings for an offence referred to in the second paragraph of section 149 .

1988, c. 84, s. 491; 1990, c. 4, s. 512; 1992, c. 61, s. 357; 1999, c. 52, s.

14; 2002, c. 75, s. 31.

492. The fine imposed for an offence referred to in section 491 belongs to the school board where it has taken charge of the prosecution.

1988, c. 84, s. 492; 1992, c. 61, s. 358.

CHAPTER IX

Repealed, 2005, c. 20, s. 7.

DIVISION I

Repealed, 2005, c. 20, s. 7.

493. (Repealed).

1988, c. 84, s. 493; 2005, c. 20, s. 7.

DIVISION II

Repealed, 2005, c. 20, s. 7.

494. (Repealed).

1988, c. 84, s. 494; 2005, c. 20, s. 7.

495. (Repealed).

 

496. (Repealed).

1988, c. 84, s. 496; 1991, c. 27, s. 12; 2005, c. 20, s. 7.

497. (Repealed).

1988, c. 84, s. 497; 1989, c. 36, s. 271; 2005, c. 20, s. 7.

498. (Repealed).

1988, c. 84, s. 498; 1989, c. 36, s. 272; 1991, c. 27, s. 13; 2005, c. 20, s. 7.

499. (Repealed).

1988, c. 84, s. 499; 2005, c. 20, s. 7.

500. (Repealed).

1988, c. 84, s. 500; 2005, c. 20, s. 7.

501. (Repealed).

1988, c. 84, s. 501; 2005, c. 20, s. 7.

502. (Repealed).

1988, c. 84, s. 502; 1990, c. 8, s. 57; 1990, c. 78, s. 54; 2005, c. 20, s. 7.

DIVISION III

Repealed, 2005, c. 20, s. 7.

503. (Repealed).

1988, c. 84, s. 503; 1990, c. 8, s. 58; 1990, c. 78, s. 54; 2005, c. 20, s. 7.

504. (Repealed).

 

DIVISION IV

Repealed, 2005, c. 20, s. 7.

505. (Repealed).

1988, c. 84, s. 505; 2002, c. 75, s. 32.

506. (Repealed).

1988, c. 84, s. 506; 2005, c. 20, s. 7.

507. (Repealed).

1988, c. 84, s. 507; 2005, c. 20, s. 7.

508. (Repealed).

1988, c. 84, s. 508; 1990, c. 28, s. 19.

CHAPTER X

Repealed, 2005, c. 20, s. 7.

DIVISION I

Repealed, 2005, c. 20, s. 7.

509. (Repealed).

1988, c. 84, s. 509; 1997, c. 47, s. 30; 1997, c. 47, Schedule (s. 2); 2005, c. 20, s. 7.

DIVISION II

Repealed, 2005, c. 20, s. 7.

510. (Repealed).

 

511. (Repealed).

1988, c. 84, s. 511; 1997, c. 47, s. 31; 2005, c. 20, s. 7.

512. (Repealed).

1988, c. 84, s. 512; 1997, c. 47, s. 31; 2005, c. 20, s. 7.

513. (Repealed).

1988, c. 84, s. 513; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 47, s. 31; 2005, c. 20, s. 7.

514. (Repealed).

1988, c. 84, s. 514; 1997, c. 47, s. 31; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 31; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 31; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 31; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 31; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 31; 1997, c. 47, Schedule (s. 3); 2005, c. 20, s. 7.

515. (Repealed).

 

DIVISION II.1

Repealed, 1997, c. 47, Schedule (s. 4).

• (Repealed).

1990, c. 78, s. 17; 1997, c. 47, s. 31; 1997, c. 47, Schedule (s. 4).

• (Repealed).

1990, c. 78, s. 17; 1997, c. 47, s. 31; 1997, c. 47, Schedule (s. 4).

• (Repealed).

1990, c. 78, s. 17; 1997, c. 47, s. 31; 1997, c. 47, Schedule (s. 4).

• (Repealed).

1990, c. 78, s. 17; 1997, c. 47, s. 31; 1997, c. 47, Schedule (s. 4).

• (Repealed).

1997, c. 47, s. 31; 1997, c. 47, Schedule (s. 4).

• (Repealed).

1997, c. 47, s. 31; 1997, c. 47, Schedule (s. 4).

• (Repealed).

1997, c. 47, s. 31; 1997, c. 47, Schedule (s. 4).

• (Repealed).

1997, c. 47, s. 31; 1997, c. 47, Schedule (s. 4).

• (Repealed).

 

DIVISION II.2

Repealed, 2005, c. 20, s. 7.

• 1. — Repealed, 2005, c. 20, s. 7.

516. (Repealed).

1988, c. 84, s. 516; 1990, c. 78, s. 54; 1997, c. 47, s. 52; 2005, c. 20, s. 7.

517. (Repealed).

1988, c. 84, s. 517; 1997, c. 47, s. 33; 2005, c. 20, s. 7.

518. (Repealed).

1988, c. 84, s. 518; 2005, c. 20, s. 7.

518.1. (Repealed).

1997, c. 47, s. 34; 1997, c. 47, Schedule (s. 5); 2005, c. 20, s. 7.

519. (Repealed).

1988, c. 84, s. 519; 1997, c. 47, s. 35; 2005, c. 20, s. 7.

520. (Repealed).

1988, c. 84, s. 520; 1997, c. 47, s. 36, s. 52; 1997, c. 96, s. 157; 1997, c. 47, Schedule (s. 6); 1999, c. 28, s. 2; 2000, c. 56, s. 162; 2002, c. 68, s.

52; 2005, c. 20, s. 7.

521. (Repealed).

1988, c. 84, s. 521; 1997, c. 47, s. 37; 1997, c. 96, s. 158; 2005, c. 20, s. 7.

522. (Repealed).

 

523. (Repealed).

1988, c. 84, s. 523; 1997, c. 47, s. 39, s. 52; 1997, c. 96, s. 159; 2005, c. 20, s. 7.

• 2. — Repealed, 2005, c. 20, s. 7.
  • (Repealed).

1997, c. 47, s. 40; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 40; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 40; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 40; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 40; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 40; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 40; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 40; 2005, c. 20, s. 7.

 

• (Repealed).

1997, c. 47, s. 40; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 40; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 40; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 40; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 40; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 40; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 40; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 40; 2005, c. 20, s. 7.

DIVISION III

Repealed, 2005, c. 20, s. 7.

524. (Repealed).
525. (Repealed).

1988, c. 84, s. 525; 1989, c. 36, s. 273; 1997, c. 47, s. 42.

526. (Repealed).

1988, c. 84, s. 526; 2005, c. 20, s. 7.

527. (Repealed).

1988, c. 84, s. 527; 1997, c. 47, s. 43, s. 52; 2005, c. 20, s. 7.

DIVISION IV

Repealed, 1997, c. 98, s. 20; 1997, c. 47, Schedule (s. 8, s. 9).

528. (Repealed).

1988, c. 84, s. 528; 1997, c. 98, s. 20.

529. (Repealed).

1988, c. 84, s. 529; 1990, c. 78, s. 20; 1997, c. 47, s. 44; 1997, c. 98, s. 20.

• (Repealed).

1997, c. 47, s. 44; 1997, c. 98, s. 20.

• (Repealed).

1997, c. 47, s. 44; 1997, c. 98, s. 20.

530. (Repealed).

1988, c. 84, s. 530; 1990, c. 78, s. 54; 1997, c. 47, s. 45, s. 52; 1997, c. 98, s. 20.

530.1. (Repealed).

• (Repealed).

1997, c. 47, s. 46; 1997, c. 98, s. 20; 1997, c. 47, Schedule (s. 9).

DIVISION IV.1

Repealed, 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 46; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 46; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 46; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 46; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 46; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 46; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 46; 2005, c. 20, s. 7.

• (Repealed).

 

• (Repealed).

1997, c. 47, s. 46; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 46; 2005, c. 20, s. 7.

• (Repealed).

1997, c. 47, s. 46; 2005, c. 20, s. 7.

DIVISION V

Repealed, 2005, c. 20, s. 7.

531. (Repealed).

1988, c. 84, s. 531; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 2005, c. 20, s. 7.

532. (Repealed).

1988, c. 84, s. 532; 2005, c. 20, s. 7.

533. (Repealed).

1988, c. 84, s. 533; 1997, c. 47, s. 47; 1997, c. 96, s. 161; 1997, c. 47, Schedule (s. 10); 2005, c. 20, s. 7.

534. (Repealed).

1988, c. 84, s. 534; 1997, c. 47, s. 48, s. 52; 2005, c. 20, s. 7.

535. (Repealed).

 

536. (Repealed).

1988, c. 84, s. 536; 1997, c. 47, s. 49.

537. (Repealed).

1988, c. 84, s. 537; 2005, c. 20, s. 7.

538. (Repealed).

1988, c. 84, s. 538; 1997, c. 96, s. 162; 2005, c. 20, s. 7.

539. (Repealed).

1988, c. 84, s. 539; 1997, c. 47, s. 52; 2005, c. 20, s. 7.

540. (Repealed).

1988, c. 84, s. 540; 1997, c. 47, s. 50, s. 52; 2005, c. 20, s. 7.

CHAPTER XI

CONCORDANCE PROVISIONS

ACT RESPECTING ACCESS TO DOCUMENTS HELD BY PUBLIC BODIES AND THE PROTECTION OF PERSONAL INFORMATION

541. (Amendment integrated into c. A-2.1, s. 6).

1988, c. 84, s. 541.

ACT RESPECTING THE CREE REGIONAL AUTHORITY

542. (Amendment integrated into c. A-6.1, Schedule).

1988, c. 84, s. 542.

ARCHIVES ACT

543. (Amendment integrated into c. A-21.1, Schedule).

 

ACT RESPECTING THE NATIONAL ASSEMBLY

544. (Amendment integrated into c. A-23.1, s. 57).

1988, c. 84, s. 544.

ACT RESPECTING INSURANCE

545. (Amendment integrated into c. A-32, s. 93.247). 1988, c. 84, s. 545.

ACT RESPECTING THE BUREAU DE LA STATISTIQUE

546. (Amendment integrated into c. B-8, s. 7).

1988, c. 84, s. 546.

CHARTER OF THE FRENCH LANGUAGE

547. (Amendment integrated into c. C-11, s. 79).

1988, c. 84, s. 547.

548. (Amendment integrated into c. C-11, s. 88).

1988, c. 84, s. 548.

549. (Amendment integrated into c. C-11, s. 208.1). 1988, c. 84, s. 549.
550. (Amendment integrated into c. C-11, Schedule). 1988, c. 84, s. 550.

CITIES AND TOWNS ACT

 

551. (Amendment integrated into c. C-19, s. 500). 1988, c. 84, s. 551.
552. (Omitted).

1988, c. 84, s. 552.

CODE OF CIVIL PROCEDURE

553. (Amendment integrated into c. C-25, a. 629). 1988, c. 84, s. 553.
554. (Amendment integrated into c. C-25, a. 696). 1988, c. 84, s. 554.

MUNICIPAL CODE OF QUEBEC

555. (Amendment integrated into c. C-27.1, a. 986). 1988, c. 84, s. 555.
556. (Amendment integrated into c. C-27.1, a. 1022). 1988, c. 84, s. 556.
557. (Amendment integrated into c. C-27.1, a. 1023). 1988, c. 84, s. 557.
558. (Amendment integrated into c. C-27.1, a. 1024). 1988, c. 84, s. 558.

GENERAL AND VOCATIONAL COLLEGES ACT

559. (Amendment integrated into c. C-29, s. 6.1).

 

 

 

560. (Amendment integrated into c. C-29, s. 6.3).

1988, c. 84, s. 560.

ACT RESPECTING THE COMMISSION MUNICIPALE

561. (Amendment integrated into c. C-35, s. 65).

1988, c. 84, s. 561.

ACT RESPECTING PUBLIC INQUIRY COMMISSIONS

562. (Amendment integrated into c. C-37, s. 14).

1988, c. 84, s. 562.

ACT RESPECTING THE COMMUNAUTE REGIONALE DE L’OUTAOUAIS

563. (Amendment integrated into c. C-37.1, s. 196).

1988, c. 84, s. 563.

ACT RESPECTING THE COMMUNAUTE URBAINE DE MONTREAL

564. (Amendment integrated into c. C-37.2, s. 290).

1988, c. 84, s. 564.

565. (Amendment integrated into c. C-37.2, s. 330).

1988, c. 84, s. 565.

ACT RESPECTING THE COMMUNAUTE URBAINE DE QUEBEC

566. (Amendment integrated into c. C-37.3, s. 216).

CHARTERED ACCOUNTANTS ACT

567. (Amendment integrated into c. C-48, s. 28).

1988, c. 84, s. 567.

ACT RESPECTING THE CONSEIL SUPERIEUR DE L’EDUCATION

568. (Amendment integrated into c. C-60, s. 22).

1988, c. 84, s. 568.

569. (Amendment integrated into c. C-60, s. 23).

1988, c. 84, s. 569.

570. (Amendment integrated into c. C-60, s. 30).

1988, c. 84, s. 570.

571. (Amendment integrated into c. C-60, s. 31).

1988, c. 84, s. 571.

572. (Amendment integrated into c. C-60, s. 32).

1988, c. 84, s. 572.

ACT RESPECTING THE CONSERVATION AND DEVELOPMENT OF WILDLIFE

573. (Amendment integrated into c. C-61.1, s. 151).

1988, c. 84, s. 573.

ACT RESPECTING SECURITY FUND CORPORATIONS

574. (Amendment integrated into c. C-69.1, s. 36).

 

575. (Amendment integrated into c. C-69.1, s. 38).

1988, c. 84, s. 575.

ACT RESPECTING MUNICIPAL AND INTERMUNICIPAL TRANSIT CORPORATIONS

576. (Amendment integrated into c. C-70, s. 66).

1988, c. 84, s. 576.

FORESTRY CREDIT ACT

577. (Amendment integrated into c. C-78, s. 46.2).

1988, c. 84, s. 577.

ACT TO PROMOTE FOREST CREDIT BY PRIVATE INSTITUTIONS

578. (Amendment integrated into c. C-78.1, s. 55).

1988, c. 84, s. 578.

ACT RESPECTING MUNICIPAL AND SCHOOL DEBTS AND LOANS

579. (Amendment integrated into c. D-7, title of the Act).

1988, c. 84, s. 579.

580. (Amendment integrated into c. D-7, s. 15).

1988, c. 84, s. 580.

581. (Amendment integrated into c. D-7, s. 15.1).

 

582. (Amendment integrated into c. D-7, s. 16). 1988, c. 84, s. 582.
583. (Amendment integrated into c. D-7, s. 17).

1988, c. 84, s. 583.

584. (Amendment integrated into c. D-7, s. 20). 1988, c. 84, s. 584.
585. (Amendment integrated into c. D-7, s. 21). 1988, c. 84, s. 585.
586. (Amendment integrated into c. D-7, s. 23).

1988, c. 84, s. 586.

587. (Amendment integrated into c. D-7, s. 26). 1988, c. 84, s. 587.
588. (Omitted).

1988, c. 84, s. 588.

589. (Amendment integrated into c. D-7, s. 36). 1988, c. 84, s. 589.
590. (Amendment integrated into c. D-7, s. 42).

1988, c. 84, s. 590.

591. (Omitted).
592. (Omitted).

1988, c. 84, s. 592.

ACT RESPECTING PRIVATE EDUCATION

593. (Amendment integrated into c. E-9, s. 1). 1988, c. 84, s. 593.
594. (Amendment integrated into c. E-9, s. 14.1). 1988, c. 84, s. 594.
595. (Amendment integrated into c. E-9, s. 17.1). 1988, c. 84, s. 595.
596. (Amendment integrated into c. E-9, s. 21). 1988, c. 84, s. 596.
597. (Amendment integrated into c. E-9, s. 31). 1988, c. 84, s. 597.
598. (Amendment integrated into c. E-9, s. 34). 1988, c. 84, s. 598.
599. (Amendment integrated into c. E-9, s. 38). 1988, c. 84, s. 599.
600. (Amendment integrated into c. E-9, s. 42). 1988, c. 84, s. 600.
601. (Amendment integrated into c. E-9, s. 43).

1988, c. 84, s. 601.

602. (Amendment integrated into c. E-9, s. 44).

1988, c. 84, s. 602.

603. (Amendment integrated into c. E-9, s. 45).

1988, c. 84, s. 603.

604. (Amendment integrated into c. E-9, s. 46).

1988, c. 84, s. 604.

605. (Amendment integrated into c. E-9, s. 48).

1988, c. 84, s. 605.

606. (Amendment integrated into c. E-9, s. 56).

1988, c. 84, s. 606.

607. (Amendment integrated into c. E-9, s. 59).

1988, c. 84, s. 607.

608. (Amendment integrated into c. E-9, s. 59.2).

1988, c. 84, s. 608.

609. (Amendment integrated into c. E-9, s. 59.3).

1988, c. 84, s. 609.

ACT TO SECURE THE HANDICAPPED IN THE EXERCISE OF THEIR RIGHTS

 

610. (Amendment integrated into c. E-20.1, s. 25). 1988, c. 84, s. 610.
611. (Amendment integrated into c. E-20.1, s. 26). 1988, c. 84, s. 611.

EXPROPRIATION ACT

612. (Amendment integrated into c. E-24, s. 37). 1988, c. 84, s. 612.

ACT RESPECTING MUNICIPAL TAXATION

613. (Amendment integrated into c. F-2.1, s. 1). 1988, c. 84, s. 613.
614. (Amendment integrated into c. F-2.1, s. 153). 1988, c. 84, s. 614.
615. (Amendment integrated into c. F-2.1, s. 177). 1988, c. 84, s. 615.
616. (Amendment integrated into c. F-2.1, s. 180). 1988, c. 84, s. 616.
617. (Amendment integrated into c. F-2.1, s. 495). 1988, c. 84, s. 617.
618. (Omitted).

 

 

 

619. (Amendment integrated into c. H-5, s. 40). 1988, c. 84, s. 619.

EDUCATION ACT

620. (Amendment integrated into c. I-14, title of the Act). 1988, c. 84, s. 620.
621. (Amendment integrated into c. I-14, s. 568).

1988, c. 84, s. 621.

622. (Amendment integrated into c. I-14, s. 569).

1988, c. 84, s. 622.

623. (Amendment integrated into c. I-14, s. 571).

1988, c. 84, s. 623.

624. (Amendment integrated into c. I-14, s. 572).

1988, c. 84, s. 624.

625. (Amendment integrated into c. I-14, s. 573).

1988, c. 84, s. 625.

626. (Amendment integrated into c. I-14, s. 575).

1988, c. 84, s. 626.

627. (Amendment integrated into c. I-14, s. 579).
628. (Amendment integrated into c. I-14, s. 580).

1988, c. 84, s. 628.

629. (Amendment integrated into c. I-14, ss. 582.1-582.11). 1988, c. 84, s. 629.
630. (Amendment integrated into c. I-14, s. 585).

1988, c. 84, s. 630.

631. (Amendment integrated into c. I-14, s. 587).

1988, c. 84, s. 631.

632. (Amendment integrated into c. I-14, s. 590).

1988, c. 84, s. 632.

633. (Amendment integrated into c. I-14, s. 599).

1988, c. 84, s. 633.

634. (Amendment integrated into c. I-14, s. 603).

1988, c. 84, s. 634.

635. (Amendment integrated into c. I-14, s. 604).

1988, c. 84, s. 635.

636. (Amendment integrated into c. I-14, s. 605).

1988, c. 84, s. 636.

637. (Amendment integrated into c. I-14, s. 609).

 

638. (Amendment integrated into c. I-14, ss. 613.1-613.2). 1988, c. 84, s. 638.
639. (Amendment integrated into c. I-14, s. 614).

1988, c. 84, s. 639.

640. (Amendment integrated into c. I-14, s. 619).

1988, c. 84, s. 640.

641. (Amendment integrated into c. I-14, s. 620).

1988, c. 84, s. 641.

642. (Amendment integrated into c. I-14, s. 622).

1988, c. 84, s. 642.

643. (Amendment integrated into c. I-14, s. 622.1).

1988, c. 84, s. 643.

644. (Amendment integrated into c. I-14, s. 649).

1988, c. 84, s. 644.

645. (Amendment integrated into c. I-14, s. 653).

1988, c. 84, s. 645.

646. (Amendment integrated into c. I-14, s. 654).

 

647. (Amendment integrated into c. I-14, s. 657). 1988, c. 84, s. 647.
648. (Amendment integrated into c. I-14, s. 663). 1988, c. 84, s. 648.
649. (Amendment integrated into c. I-14, s. 664). 1988, c. 84, s. 649.
650. (Amendment integrated into c. I-14, s. 667). 1988, c. 84, s. 650.
651. (Amendment integrated into c. I-14, s. 669). 1988, c. 84, s. 651.
652. (Amendment integrated into c. I-14, s. 680). 1988, c. 84, s. 652.
653. (Amendment integrated into c. I-14, s. 686). 1988, c. 84, s. 653.
654. (Amendment integrated into c. I-14, s. 690). 1988, c. 84, s. 654.
655. (Amendment integrated into c. I-14, s. 720). 1988, c. 84, s. 655.
656. (Amendment integrated into c. I-14, s. 721). 1988, c. 84, s. 656.

ACT RESPECTING THE MINISTERE DE L’EDUCATION

657. (Amendment integrated into c. M-15, s. 2).

1988, c. 84, s. 657.

658. (Amendment integrated into c. M-15, s. 4).

1988, c. 84, s. 658.

659. (Omitted).

1988, c. 84, s. 659.

660. (Amendment integrated into c. M-15, s. 8).

1988, c. 84, s. 660.

661. (Amendment integrated into c. M-15, s. 12.1).

1988, c. 84, s. 661.

662. (Amendment integrated into c. M-15, s. 17).

1988, c. 84, s. 662.

663. (Amendment integrated into c. M-15, s. 18).

1988, c. 84, s. 663.

ACT RESPECTING THE MINISTERE DU CONSEIL EXECUTIF

664. (Amendment integrated into c. M-30, s. 3.11).

1988, c. 84, s. 664.

PHOTOGRAPHIC PROOF OF DOCUMENTS ACT

 

665. (Amendment integrated into c. P-22, s. 1).

1988, c. 84, s. 665; 1987, c. 95, s. 402.

ACT RESPECTING THE PROTECTION OF NON-SMOKERS IN PUBLIC PLACES

666. (Amendment integrated into c. P-38.01, s. 6).

1988, c. 84, s. 666.

ACT RESPECTING THE PROCESS OF NEGOTIATION OF COLLECTIVE AGREEMENTS IN THE PUBLIC AND PARAPUBLIC SECTORS

667. (Amendment integrated into c. R-8.2, s. 1).

1988, c. 84, s. 667.

668. (Amendment integrated into c. R-8.2, s. 30).

1988, c. 84, s. 668.

ACT RESPECTING THE GOVERNMENT AND PUBLIC EMPLOYEES RETIREMENT PLAN

669. (Amendment integrated into c. R-10, Schedule II).

1988, c. 84, s. 669.

ACT RESPECTING SUPPLEMENTAL PENSION PLANS

670. (Amendment integrated into c. R-17, s. 75).

1988, c. 84, s. 670.

ACT RESPECTING CHILD DAY CARE

671. (Amendment integrated into c. S-4.1, s. 2).
672. (Amendment integrated into c. S-4.1, s. 13).

1988, c. 84, s. 672.

673. (Amendment integrated into c. S-4.1, s. 32).

1988, c. 84, s. 673.

674. (Amendment integrated into c. S-4.1, s. 35).

1988, c. 84, s. 674.

675. (Amendment integrated into c. S-4.1, s. 50).

1988, c. 84, s. 675.

676. (Amendment integrated into c. S-4.1, s. 73).

1988, c. 84, s. 676.

677. (Amendment integrated into c. S-4.1, ss. 22 and 38).

1988, c. 84, s. 677.

678. (Amendment integrated into c. S-4.1, ss. 1, 4, 7, 33, 41 and 44). 1988, c. 84, s. 678.

ACT RESPECTING THE NASKAPI DEVELOPMENT CORPORATION

679. (Amendment integrated into c. S-10.1, Schedule).

1988, c. 84, s. 679.

ACT RESPECTING THE SOCIETE DU PARC INDUSTRIEL DU CENTRE DU QUEBEC

680. (Amendment integrated into c. S-15, s. 25).

 

ACT RESPECTING THE SOCIETE IMMOBILIERE DU QUEBEC

681. (Amendment integrated into c. S-17.1, s. 36).

1988, c. 84, s. 681.

ACT RESPECTING THE MAKIVIK CORPORATION

682. (Amendment integrated into c. S-18.1, Schedule).

1988, c. 84, s. 682.

ACT RESPECTING THE SOCIETE NATIONALE DE L’AMIANTE

683. (Amendment integrated into c. S-18.2, s. 19).

1988, c. 84, s. 683.

684. (Omitted).

1988, c. 84, s. 684.

685. (Omitted).

1988, c. 84, s. 685.

686. (Omitted).

1988, c. 84, s. 686.

687. (Omitted).

1988, c. 84, s. 687.

688. (Omitted).

 

689. (Omitted).

1988, c. 84, s. 689.

690. (Omitted).

1988, c. 84, s. 690.

691. (Omitted).

1988, c. 84, s. 691.

692. (Omitted).

1988, c. 84, s. 692.

ACT RESPECTING PREARRANGED FUNERAL SERVICES AND SEPULTURES

693. (Amendment integrated into c. A-23.001, s. 26).

1988, c. 84, s. 693.

ACT RESPECTING FARM FINANCING

694. (Amendment integrated into c. F-1.2, s. 130).

1988, c. 84, s. 694.

ACT RESPECTING TRUST COMPANIES AND SAVINGS COMPANIES

695. (Amendment integrated into c. S-29.01, s. 203).

1988, c. 84, s. 695.

ACT RESPECTING MUNICIPAL TERRITORIAL ORGANIZATION

696. (Amendment integrated into c. O-9, s. 285).

 

ACT RESPECTING THE MINISTERE DES AFFAIRES INTERNATIONALES

697. (Amendment integrated into c. M-21.1, s. 23).

1988, c. 84, s. 697.

OTHER CONCORDANCE PROVISIONS

698. In the following legislation, any reference to the Education Act (chapter I-14) is a reference to the Education Act (chapter I-13.3) and to the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I- 14):

• (amendment integrated into c. C-26, s. 37);
• (amendment integrated into c. P-21, s. 5);
• (amendment integrated into c. T-11.1, s. 2).

1988, c. 84, s. 698.

699. In the following legislation, any reference to the Education Act (chapter I-14) is a reference to the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14):

• (amendment integrated into c. A-2.1, Schedule A);
• (amendment integrated into c. C-35, s. 97);
• (amendment integrated into c. R-8.2, s. 35).

1988, c. 84, s. 699.

700. The words “school corporation” and “school corporations” are replaced by the words “school board” and “school boards”, respectively, in the following legislation:

• (amendment integrated into c. A-19.1, s. 5);
• (amendment integrated into c. C-2, ss. 20 and 26);
• (inoperative, 1983, c. 37, s. 194);
• (amendment integrated into c. C-19, s. 415);
• (amendment integrated into c. C-27, ss. 11 and 68);
• (amendment integrated into c. C-27.1, a. 564);
• (amendment integrated into c. E-9, s. 2);
• (amendment integrated into c. E-24, s. 53.15);
• (inoperative, 1988, c. 63, s. 1);
• (amendment integrated into c. N-1.1, s. 30);
• (amendment integrated into c. P-40.1, s. 188);
• (amendment integrated into c. P-41.1, s. 1);
• (amendment integrated into c. R-20.1, s. 1);
• (amendment integrated into c. S-3.1, s. 31);
• (amendment integrated into c. S-38, s. 40);
• (amendment integrated into c. V-1.1, ss. 41 and 44).

1988, c. 84, s. 700.

701 . In the following legislation, the words “or school corporation”, “and school corporations” and “school” are replaced, adapted as required, by the words “corporation or school board”, “corporations and school boards” and “school boards”, respectively:

• (amendment integrated into c. A-32, s. 225);
• (amendment integrated into c. B-1, s. 136);

 

• (amendment integrated into c. C-4, s. 83);
• (amendment integrated into c. C-25, aa. 35 and 36);
• (amendment integrated into c. C-27, s. 40);
• (amendment integrated into c. F-5, s. 27);
• (amendment integrated into c. Q-2, s. 2).

1988, c. 84, s. 701.

702. For the application of any other Act, or any regulation, ordinance, order in council, order, contract or other document,

• the expressions “corporation of commissioners” or “school commissioners” or the words “corporation” or “commissioners”, where the two latter words are used to mean the two former expressions, shall designate a school board other than a dissentient school board;
• the expressions “corporation of trustees” or “school trustees” or the words “corporation” or “trustees”, where the two latter words are used to mean the two former expressions, shall designate a dissentient school board;
• the expression “school municipality” or the word “municipality” where the latter is used to mean the former, shall designate a school board or the territory thereof, according to the context;
• the expression “school corporation” or the word “corporation”, where the latter is used to mean the former, shall designate a school board;
• the word “secretary-treasurer”, where it refers to a school board, shall designate the director general of a school board.

1988, c. 84, s. 702.

703. In any other Act, and in any regulation, ordinance, order in council, order, contract or other document, any reference to the Education Act (chapter I-14) or to any of the provisions thereof is a reference to this Act or to the corresponding provision of this Act.

Concerning the Cree School Board, the Kativik School Board and the Naskapi Education Committee contemplated in Parts X to XII of the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14), a reference to the Education Act shall be deemed to be a reference to the Education Act for Cree, Inuit and Naskapi Native Persons.

1988, c. 84, s. 703; 1999, c. 40, s. 158.

704. In any Act other than this Act and the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14), and in any regulation, ordinance, order in council or order, unless the context indicates a different meaning, “school board” means a school board governed by this Act and a school board governed by the Education Act for Cree, Inuit and Naskapi Native Persons.

1988, c. 84, s. 704; 1997, c. 47, s. 51.

705. In any Act, proclamation, regulation, order in council, order, ordinance, contract or other document, any reference to the Act respecting municipal and school debts and loans (chapter D-7) is a reference to the Act respecting municipal debts and loans (chapter D-7).

1988, c. 84, s. 705.

CHAPTER XII

TRANSITIONAL AND FINAL PROVISIONS

706. Every commissioner, school trustee, representative of the parents’ committee and every chair or vice-chair of a school board who is in office on 30 June 1989 is deemed to have been elected or appointed pursuant to the Act respecting school elections (chapter E-2.3) or to this Act, as the case may be.

Such trustees and representatives of the parents’ committee are deemed to be commissioners within the meaning of this Act.

Every commissioner and school trustee and every chair and vice-chair shall remain in office until the third Sunday of November 1990 or until he is replaced by a person elected or appointed pursuant to the Act respecting school elections or to this Act, as the case may be.

Every representative of the parents’ committee shall remain in office until he is re-elected or replaced pursuant to this Act.

1988, c. 84, s. 706; 1999, c. 40, s. 158; 2008, c. 29, s. 34.

707. In a school board contemplated in sections 146 and 498, the members referred to in section 706 shall exercise alone the functions and powers of the school council until the parents’ representatives of the minority of students contemplated in these sections have been appointed.

1988, c. 84, s. 707; 1990, c. 78, s. 54.

708. The commissioners of the Kativik School Board in office on 30 June 1989 are deemed to have been elected or appointed pursuant to the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14).

They shall remain in office until the third Wednesday in November 1990 or until they are replaced by persons appointed or elected pursuant to the said Act.

1988, c. 84, s. 708.

709. Every principal of a school and every member of an orientation committee, school committee or parents’ committee in office on 30 June 1989 is deemed to have been elected or appointed pursuant to this Act.

He shall remain in office until he is reelected, reappointed or replaced pursuant to this Act.

1988, c. 84, s. 709.

710. The members of the Conseil scolaire de l’Tle de Montreal and the chair and vice-chair of the Conseil in office on 30 June 1989 are deemed to have been designated or appointed pursuant to this Act.

They shall remain in office until the first meeting of the Conseil following the third Sunday of November 1990 or until they are replaced by persons designated or appointed pursuant to this Act.

1988, c. 84, s. 710; 2008, c. 29, s. 34.

711. Every school and adult education centre in existence on 30 June 1989 is deemed to have been established in conformity with this Act.

Every school shall retain the confessional recognition that it has on 30 June 1989 until the Catholic committee or Protestant committee revokes it ex officio or upon application therefor by the school board.

1988, c. 84, s. 711.

712. Teaching permits and teaching certificates or diplomas issued under the Regulation respecting teaching permits and teaching diplomas (R.R.Q., 1981, c. C-60, r. 7) are teaching licences within the meaning of this Act and are deemed to have been issued pursuant thereto.

1988, c. 84, s. 712.

713. Any deficit of a school board on 30 June 1980 or any expense arising from a court judgment, a judgment of the Bureau de revision de revaluation fonciere or an arbitration award in respect of a cause of action existing before 30 June 1980 shall be made up by means of a special tax or a loan repaid by means of a special annual tax in accordance with the conditions determined by the Minister. Where required by the Minister, the special tax shall be levied and collected in the territory of the school board that incurred the deficit or expense.

Notwithstanding sections 308, 440 and 444, the special tax is not subject to the approval of the electors.

This section has effect from 30 June 1980.

1988, c. 84, s. 713.

714. Any bonded debt contracted by a school board before 1 July 1980 is taken out of the general fund of the school board and must be discharged by means of a special tax levied in the whole of the territory of the school board and, notwithstanding section 308, the special tax is not subject to the approval of the electors.

1988, c. 84, s. 714.

715. REPEALED 1988, c. 84, s. 715; 1990, c. 8, s. 60.

716 . A dissentient school board which, on 1 July 1989, must acquire jurisdiction over new levels of instruction and a school board for Catholics or for Protestants of which all or part of the territory includes that of the former, shall distribute between themselves the rights and obligations of the school board for Catholics or for Protestants.

The Minister shall rule on every dispute between the school boards involved, except disputes relating to the transfer or integration of employees belonging to certified associations within the meaning of the Labour Code (chapter C-27) or of employees who are provided a special remedy by government regulation. The Minister shall ensure that his ruling does not deprive the dissentient school board of the property it requires to function.

In the case of the transfer of ownership of an immovable, a notice stating the facts which resulted in the transfer and containing a description of the immovable transferred shall be registered at the registry office.

1988, c. 84, s. 716; 1999, c. 40, s. 158; 2000, c. 42, s. 180.

717. The provisions of the Act respecting municipal and school debts and loans (chapter D-7) as they read before 1 July 1989 continue to apply to an issue of bonds made before 1 July 1989 by a school board or by the Conseil scolaire de l’Tle de Montreal to the extent that they were applicable before being amended.

1988, c. 84, s. 717.

718. Every regulation, by-law, resolution, order or ordinance of a school board or the Conseil scolaire de l’Tle de Montreal in force on 30 June 1989 remains in force, to the extent that it is consistent with this Act and as long as its object has not been carried out or until it is replaced or repealed.

Every act performed before 1 July 1989 by a school board or the Conseil scolaire de l’Tle de Montreal pursuant to a provision replaced or repealed by this Act retains its effects if it is still useful and is deemed, in that case, to have been performed pursuant to the corresponding provision of this Act.

1988, c. 84, s. 718; 1990, c. 8, s. 61.

719. For the school years 1989-90 to 1993-94, the Minister shall establish and submit to the Government, for approval, directives in respect of adult education services pertaining to the matters listed in the second paragraph of section 448 and, if he considers it expedient, to those listed in the third paragraph of the said section.

The Regulations Act (chapter R-18.1) does not apply to the directives or to their drafts. The directives come into force on 1 July following the date of their publication in the Gazette officielle du Quebec.

For the purposes of the provisions of this Act, except section 458, during the school years 1989-90 to 1993-94, any reference to the basic school regulation for adult education is a reference to the directives established by the Minister under the first paragraph.

This section ceases to have effect upon the coming into force of the basic school regulation for adult education made under section 448.

1988, c. 84, s. 719; 1990, c. 78, s. 23, s. 53.

720. The Government and the Minister of Education may validly exercise, before 1 July 1989, their functions and powers under Chapter VII and section 719 so that the provisions of this Act may be given effect as early as 1 July 1989.

1988, c. 84, s. 720; 1990, c. 78, s. 54.

721. Every regulation and every decision made by the Government, the Minister of Education or the Minister of Transport under the Education Act (chapter I-14) as it read before 1 July 1989, or under section 30 of the Act respecting the Conseil superieur de l’education (chapter C-60) and applicable to the persons or bodies contemplated in this Act remains applicable thereto, to the extent that it is consistent with this Act, unless otherwise provided under this Act.

The words “School bussing or transportation” used in any regulation, decision or contract mean “student transportation”.

1988, c. 84, s. 721.

722. This Act, except sections 620 to 656, does not apply to the Cree School Board, the Kativik School Board or the Naskapi Education Committee.

The Cree School Board and the Kativik School Board are governed by the Education Act (chapter I-14) as it read on 8 June 1978 and as amended thereafter, to the extent that the amendments are expressly applicable thereto. They are also governed by the regulations made under that Act to the extent that they are expressly applicable.

The Naskapi Education Committee is governed by the Education Act as it read on 22 June 1979 and as amended thereafter, to the extent that the amendments are expressly applicable thereto. It is also governed by the regulations made under that Act, to the extent that they are expressly applicable.

The Government may, however, by regulation, at the request of the Cree School Board, the Kativik School Board or the Naskapi Education Committee, render a provision or part of a provision of this Act applicable to such school board or committee, with the necessary adjustments of concordance, and indicate the provision of the Education Act applicable to Cree, Inuit and Naskapi Native Persons it replaces.

Such regulation may specify what provision or part of a provision of a regulation made under this Act applies, or ceases to apply, to the Cree School Board, the Kativik School Board or the Naskapi Education Committee.

The regulation shall be published in the Gazette officielle du Quebec and comes into force on the date of its publication or on any later date indicated therein.

1988, c. 84, s. 722.

723. This Act replaces the Education Act (chapter I-14), except as regards the Cree School Board, the Kativik School Board and the Naskapi Education Committee.

1988, c. 84, s. 723.

723.1 . For the purposes of the levy of school taxes for the years 2001­02 and 2002-03, Division IV.3 of Chapter XVIII of the Act respecting municipal taxation (chapter F-2.1) applies, with the necessary modifications, to the Conseil scolaire de l’ile de Montreal. The Conseil is deemed to have adopted the resolution referred to in the second paragraph of section 253.27 of that Act.

The school tax shall be levied in accordance with section 310. However, the standardized assessment of taxable immovables shall be established by multiplying the adjusted values resulting from the application of the said Division IV.3 by the comparative factor established for the assessment roll under section 264 of the Act respecting municipal taxation.

2001, c. 30, s. 1.

• For the 2013-2014 and 2014-2015 fiscal years, a school board that has sufficient fiscal resources as determined under section 475 or

• that benefited from an amount applied to the reduction of the school tax for the 2012-2013 fiscal year under the second paragraph of section
• and whose taxation rate for that fiscal year was less than the maximum rate set in section 308 receives a subsidy corresponding to one half of the amount applied to the reduction of the school tax in the preceding fiscal year.

2013, c. 16, s. 187.

• For the 2013-2014 fiscal year, a school board that has insufficient fiscal resources as determined under section 475 or 475.1 and that benefited, for the 2012-2013 fiscal year, from an amount applied to the reduction of the school tax under the second paragraph of section 475.2 receives, in addition to the equalization grant determined under section 475 or 475.1, a subsidy corresponding to one half of the amount applied to the reduction of the school tax for the 2012-2013 fiscal year.

From the 2014-2015 fiscal year, a school board whose fiscal resources remain insufficient receives, in addition to the equalization grant determined under section 475 or 475.1, a subsidy corresponding to the amount paid under this section for the preceding fiscal year.

2013, c. 16, s. 187.

• For the fiscal year during which the fiscal resources of a school board referred to in section 723.3 cease to be insufficient, the school board receives a subsidy equal to that paid to it for the preceding fiscal year

 

For the following fiscal year, the school board receives a subsidy equal to one half of the amount paid under the first paragraph.

2013, c. 16, s. 187.

• A school board referred to in sections 723.2 to 723.4 must, in accordance with the terms and procedures set out in the budgetary rules, adjust its tax rate so that its revenues from the school tax added to the equalization grant and the subsidy paid under those sections are not higher than its maximum tax proceeds. .

The school board may determine different tax rates for the municipalities in its territory for the fiscal years during which the school board receives a subsidy under sections 723.2 to 723.4. The distribution must be fair and meet the conditions set out in the budgetary rules.

2013, c. 16, s. 187.

724. (Repealed).

1988, c. 84, s. 724; 1989, c. 36, s. 274.

725. The Minister of Education, Recreation and Sports is responsible for the administration of this Act.

1988, c. 84, s. 725; 1990, c. 8, s. 62; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 96, s. 163; 2005, c. 28, s. 195.

726. (Repealed).

1988, c. 84, s. 726; 1990, c. 78, s. 54; 1997, c. 47, s. 52; 2005, c. 20, s. 8.

727. (This section ceased to have effect on 1 July 2008).

1988, c. 84, s. 727; 1990, c. 78, s. 54; 1994, c. 11, s. 1; 1999, c. 28, s. 1; 2000, c. 24, s. 44; 2005, c. 20, s. 9; 2005, c. 20, s. 19.

728. (Omitted).

 

1988, c. 84, s. 728; 1990, c. 8, s. 63.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 84 of the statutes of 1988, in force on 1 March 1989, is repealed, except sections 685 to 692 and 728, effective from the coming into force of chapter I-13.3 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 1 to 110, 113 to 122, 125 to 130, 132, 133, the first, second, third and fourth paragraphs of section 134, sections 135, 136, 138, 140 to 204, 208, 209, 211 to 261,264 to 353, 356 to 401,403 to 508, 541 to 684, 693 to 715, 717 to 719, 721 to 727 of chapter 84 of the statutes of 1988, in force on 1 March 1990, are repealed effective from the coming into force of the updating to 1 March 1990 of chapter I-13.3 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 111, 112, 205 to 207, 516 to 521, 523, 524, 526, 527, 531 to 535 and 537 to 540 of chapter 84 of the statutes of 1988, in force on 1 April 1998, are repealed effective from the coming into force of the updating to 1 April 1998 of chapter I-13.3 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 262, 263 and 402 of chapter 84 of the statutes of 1988, in force on 1 April 1999, are repealed effective from the coming into force of the updating to 1 April 1999 of chapter I-13.3 of the Revised Statutes.

 

MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS 181 . Unless the context indicates otherwise, in any document other than an Act or a regulation,

• a reference to a school board’s council of commissioners is a reference to its school council;
• a reference to a school board commissioner is a reference to a member of its school council;
• a reference to a school board’s executive committee is a reference to its school council.

182. The term of office of school board commissioners is revoked on (insert the date that is 15 days after the date of assent to this Act).

On that date, the commissioners representing the parents’ committee of the school board who are referred to in paragraph 2 of section 143 of the Education Act (chapter I-13.3), as it read before being replaced by section 39, become members of the provisional school council in accordance with subparagraph 1 of the first paragraph of section 183. Moreover, they continue their term as members of the provisional school council on any school board committee and any other council, committee or board of which they are members because they are members of the council of commissioners.

183. On (insert the date that is 15 days after the date of assent to this Act), a provisional school council composed of the following members is set up in each school board established under the Education Act:

• allthecommissionersrepresentingtheschoolboard’sparents’committee, referred to in paragraph 2 of section 143 of the Education Act as it read before being replaced by section 39;
• thechairoftheschoolboard’sparents’committeeor,ifthereisnosuch chair, a member of the parents’ committee designated by the committee;
• twoprincipalsofeducationalinstitutions,designatedinaccordancewith section 184;
• the director general of the school board.

All members of the provisional school council except the director general of the school board are entitled to vote. In the case of a tie vote, the chair designated under the third paragraph of section 186 has a casting vote.

184. The school board’s secretary general must invite the principals of educational institutions to run for one of the seats on the provisional school council referred to in subparagraph 3 of the first paragraph of section 183 so that, not later than (insert the date that is 14 days after the date of assent to this Act), he can convene all the principals to a meeting to elect candidates to those seats by secret ballot. The two principals who obtained the greatest number of votes are declared elected by the secretary general. If there are fewer than three principals who run for election, the secretary general declares all the candidates elected.
185. The provisional school council members’ term of office expires on 31 October 2016.
186. The mandate of the provisional school council is to ensure the smooth operation of the school board until the first school council takes office under Division III of Chapter V of the Education Act, as amended by this Act.

The provisional school council has all the powers and exercises all the functions of the school board’s school council.

The provisional school council elects a chair and a vice-chair at its first meeting.

The quorum of the provisional school council is the majority of its members.

Section 162 of the Education Act does not apply to the provisional school council.

187. If one of the seats on the provisional school council is vacant, the school board’s secretary general asks the members to appoint someone to fill it. If the vacant seat is one referred to in subparagraph 1 of the first paragraph of section 183, the person appointed must be the parent of a student attending an educational institution of the school board.
188. From (insert the date that is 15 days after the date of assent to this Act) until 31 December 2016,

• section 402 of the Education Act is to be read
• asifsubparagraphlofthefirstparagraphwerereplacedbythefollowing subparagraph:

“(1) the director general of each of the school boards situated in whole or in part in the territory of the island of Montreal;”;

• without reference to the second paragraph;
• section 403 of the Education Act is to be read as follows:

“403. The director general of a school board may designate a substitute from among the school board’s management staff.”

189. For the first school council elected under Division III of Chapter V of the Education Act, as amended by this Act,

• section 147 of that Act, as replaced by section 40, is to be read as if “1 March preceding the end of the school council members’ term of office” in the fourth paragraph were replaced by “15 April 2016”;
• section 148 of that Act, as replaced by section 40, is to be read as if “1 and 15 November preceding the end of the school council members’ term of office” and “on 30 September” in the first paragraph were replaced by “1 and 15 May 2016” and “on 15 April”, respectively;
• sections150,153,153.1,153.2,153.3,153.6,153.13and153.14ofthat Act, as replaced by section 40, are to be read as if “preceding the end of the school council members’ term of office” were replaced by “2016”.

190. The first school council established under Division III of Chapter V of the Education Act, as amended by this Act, may amend the budget adopted by the provisional school council, except that the tax rate set under section 308.1 of that Act, enacted by section 94, for the 2016-2017 school year may not be amended and any terms and conditions determined under section 279 of the Education Act must be complied with. Section 278 of that Act does not apply to a budgetary amendment made under this section.

191 . From (insert the date of coming into force of section 90 of this Act), an immovable owned by a natural person to whom section 304 of the Education Act does not apply and who is entered on the most recent list of electors of a school board that has jurisdiction over the territory where the immovable is situated or who, until that date, exercised the voting option referred to in section 18 of the Act respecting school elections (chapter E-

2.3) as it read before being repealed by section 146, or was presumed to have exercised such an option under the third paragraph of section 15 or section 18.1 of the Act respecting school elections before it was repealed, is taxable exclusively by that school board. The owner may, at any time from that date, make an election under section 306 of the Education Act, as amended by section 91, provided the owner complies with the applicable conditions.

192. Any increase in the remuneration of a school board commissioner on or after (insert the date of introduction of this bill) is null, and any additional remuneration paid in relation to that increase must be repaid by the commissioner concerned, failing which the school board must recover it.

The same applies with regard to any indemnity, bonus or other monetary benefit granted to a commissioner because of the revocation of the commissioner’s term of office under section 182 or a departure after (insert the date of introduction of this bill).

193. A dismissal or removal from office of the director general of a school board between (insert the date of introduction of this bill) and (insert the date of coming into force of this section) is deemed to be a suspension with pay. If a new director general is hired to replace a director general so dismissed or removed from office, the new director general’s employment contract ends on (insert the date of coming into force of this section).

The deemed suspension of a director general must be reassessed by the provisional school council on or before (insert the date that is 30 days after the date of coming into force of this section).

194. The amendments made by sections 172 and 173 to the Regulation respecting certain conditions of employment of senior executives of school boards made by a ministerial order dated 18 November 2004 (2004, G.O.

2, 3529), as amended, do not apply to the employment contract of a director general of a school board as it reads on (insert the date of coming into force of this section). That director general’s contract is continued until it expires even if its term is different than the term determined by the sections so amended.

The director general is however subject to the evaluation process set out in section 199.1 of the Education Act, enacted by section 67. Moreover, the director general’s renewal, suspension, dismissal or removal from office, as applicable, is subject to the process set out in sections 199.1,200 and 200.1 of the Education Act, enacted by sections 67 and 68.

195. From (insert the date of coming into force of this section), the school boards’ strategic plans, the partnership agreements, the management and educational success agreements, the schools’ educational projects, the centres’ policies and objectives determined under section 109 of the Education Act and the schools’ and centres’ success plans approved, established or entered into in accordance with the Education Act are extended until 30 June 2017, with the necessary modifications. Despite any provision to the contrary in that Act, those plans, agreements, projects, policies and objectives need not be updated, renewed or entered into again until 30 June 2017.

However, any measure in a management and educational success agreement concerning a school’s surpluses that, under section 96.24 of the Education Act, are to be added to its appropriations for the following fiscal year and the requirement that this agreement be reflected when applying section 275 of that Act lapse on the coming into force of the amendments made to those sections of the Education Act by sections 25 and 89.

196. A school board’s first commitment-to-success plan must be prepared so as to take effect on 1 July 2017.

A school’s or centre’s first educational project after that date must be prepared so as to take effect not later than 1 July 2018.

For the establishment and adoption of the first commitment-to-success plans and educational projects, the Minister may determine, for all school boards or based on the situation of one or certain school boards, policy directions, objectives and targets they must take into account in preparing their commitment- to-success plan.

The Minister may also, for any school board, prescribe terms governing the coordination of the entire strategic planning process between the educational institutions, the school board and the department, including the date the commitment-to-success plans must be sent to the Minister to allow them to take effect on 1 July 2017.

The Minister may, in addition, on receiving a school board’s commitment- to-success plan, require the school board to defer publication of the plan or to amend it to make it consistent with the expectations communicated under the third paragraph.

197. Despite any provision to the contrary, a school board’s provisional school council may, not later than (insert the date that is 135 days after the date of assent to this Act), cancel any contract the school board entered into between (insert the date of introduction of this bill) and (insert the date that is 15 days after the date of assent to this Act) if it is of the opinion that the subject or terms of the contract are unreasonable. A cancellation notice must be sent to the other party. The cancellation takes effect on the date the notice is received.

No other sum, compensation or indemnity for lost profits may be claimed by the other party, except the expenses, disbursements and amounts representing the value of the services rendered or the property delivered, as applicable, up to the cancellation date.

198. To ensure the smooth operation of a school board until the first school council established under Division III of Chapter V of the Education Act, as amended by this Act, takes office, the Minister may suspend all or some of the functions or powers of a council of commissioners or a provisional school council until the first school council takes office, and may designate the director general of the school board or appoint an administrator to exercise those functions and powers.

The director general or administrator, as applicable, may, subject to the rights of third parties in good faith, cancel any decision made by the council of commissioners or the provisional school council under the suspended powers.

The director general or the administrator so designated or appointed may not be prosecuted for acts done in good faith in the exercise of functions of office.

199. The Government may, by regulation and before (insert the date that is 18 months after the date of assent to this Act), take any measure necessary or useful for carrying out this Act or fully achieving its purpose.

Such a regulation may, if it so provides, apply as of any date not prior to (insert the date of assent to this Act) and is not subject to the publication requirement or the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1).

200. The first regulation made under each of sections 455.2 and 457.7 of the Education Act, enacted by sections 111 and 112, is not subject to the publication requirement or the date of coming into force set out in sections 8 and 17 of the Regulations Act.
201. Despite the coming into force of sections 135, 139, 141 to 158, 161 and 162, the provisions amended or repealed by those sections continue to apply, as they read before (insert the date of coming into force of this section), so that their purpose with regard to facts that occurred before that date can be fully achieved, in particular as concerns any obligation relating to financing and the control of election expenses, penal or other sanctions, incapacity or disqualification arising from an offence under the Act respecting school elections committed before that date, and any communication of information required for a verification, examination or inquiry regarding compliance with that Act.

In addition, the requirements under section 282 of the Act respecting school elections that relate to the confidentiality of information are maintained despite the repealing of that Act.

202. Not later than (insert the date that is three years after the date of assent to this Act), the Minister must report to the Government on the implementation of the provisions of the Education Act that are enacted or amended by this Act. The report must be made public in the department’s annual report.
203. This Act comes into force on 1 July 2016, except

• sections184and198,whichcomeintoforceon(insert the date of assent to this Act);
• sections 2, 7, 8, 29 and 37 to 50, paragraph 1 of section 51, sections 52 to 56, paragraph 1 of section 57, section 58, paragraphs 1 and 4 of section 63, section 64, except paragraph 2 of that section to the extent that it concerns follow-up on the school board’s commitment-to-success plan, sections 66 to 72, 75, 76 and 80, paragraph 3 of section 81, sections 86, 88, 90 to 96, 99 to 108, 110 and 111, section 112 to the extent that it enacts sections 457.6 and 457.7 of the Education Act, section 116 to the extent that it enacts section 459.6 of the Education Act, sections 120 to 162, 167 to 176, section 177 except as concerns the replacement of “advisory committee on management”, and sections 179, 181 to 183, 185 to 195, 197 and 199 to 202, which come into force on (insert the date that is 15 days after the date of assent to this Act);
• sections 97 and 98, which come into force on 1 January 2017;
• section 116 to the extent that it enacts section 459.5 of the Education Act, which comes into force on (insert the date that is one year after the date of assent to this Act);
• sections 4, 5, 12, 13, 15 and 19, paragraph 1 of section 23, section 26, paragraph 1 of section 27, sections 28, 30, 31 and 35, paragraph 1 of section 36, section 61, paragraph 2 of section 63, paragraph 2 of section 64 to the extent that it concerns follow-up on the school board’s commitment-to-success plan, section 73, section 74 to the extent that it enacts the second paragraph of section 211.1 of the Education Act, sections 78, 79, 82, 83 and 113 to 115, and section 180 to the extent that it replaces “action plan”, which come into force on 1 July 2017. TAX

 

EFFECT ON OTHER LAWS AND REGULATIONS

ADMINISTRATION ACT

135. Section 69.1 of the Tax Administration Act (chapter A-6.002) is amended by replacing “, the Act respecting elections and referendums in municipalities (chapter E-2.2) and the Act respecting school elections (chapter E-2.3)” in subparagraph x of the second paragraph by “and the Act respecting elections and referendums in municipalities (chapter E- 2.2)”.

ACT RESPECTING LAND USE PLANNING AND DEVELOPMENT

136. Section 53.18 of the Act respecting land use planning and development (chapter A-19.1) is amended by replacing “the council of commissioners of the school board” in the second paragraph by “its school council”.

CHARTER OF THE FRENCH LANGUAGE

137. Section 208.1 of the Charter of the French language (chapter C-11) is amended by replacing “commissioner” in the first paragraph by “school council member”.

CODE OF ETHICS AND CONDUCT OF THE MEMBERS OF THE NATIONAL ASSEMBLY

138. Section 69 of the Code of ethics and conduct of the Members of the National Assembly (chapter C-23.1) is amended by striking out “or be a candidate on a ticket in a school election” in paragraph 2.

LABOUR CODE

139. Schedule I to the Labour Code (chapter C-27) is amended by striking out paragraph 7.

ACT RESPECTING CONTRACTING BY PUBLIC BODIES

140. Section 8 of the Act respecting contracting by public bodies (chapter C-65.1) is amended by replacing both occurrences of “council of commissioners” in the second paragraph by “school council”.
141. Schedule I to the Act is amended by striking out the reference to the Act respecting school elections and the offences under that Act listed opposite the reference.

ACT RESPECTING ELECTIONS AND REFERENDUMS IN MUNICIPALITIES

142. Sections 53, 69, 97 and 301 of the Act respecting elections and referendums in municipalities (chapter E-2.2) are amended by striking out “, the Act respecting school elections (chapter E-2.3)” in the first paragraph.
143. Section 383 of the Act is amended by striking out “, the Act respecting school elections (chapter E-2.3)” in subparagraph 7 of the first paragraph.
144. Section 389 of the Act is amended by striking out “, the Act respecting school elections (chapter E-2.3)” in subparagraph 9 of the first paragraph.
145. Section 524 of the Act is amended by striking out “, the Act respecting school elections (chapter E-2.3)” in the first paragraph.

ACT RESPECTING SCHOOL ELECTIONS 146. The Act respecting school elections (chapter E-2.3) is repealed.

ELECTION ACT

147. Section 1 of the Election Act (chapter E-3.3) is amended by replacing “, the Act respecting elections and referendums in municipalities (chapter E-2.2) or the Act respecting school elections (chapter E-2.3)” in paragraph 5 by “or the Act respecting elections and referendums in municipalities (chapter E-2.2)”.
148. Section 40.2 of the Act is amended by striking out the second paragraph.
149. Section 40.3 of the Act is amended by striking out paragraph 3.
150. Section 40.4 of the Act is amended by striking out “or school” in the second paragraph.
151. Section 40.6.1 of the Act is amended by replacing “, municipal or school” by “or municipal”.
152. Section 40.7.0.1 of the Act is repealed.
153. Section 40.10 of the Act is amended by striking out “or school”.
154. Section 40.12 of the Act is amended by striking out “and school boards”

in the second paragraph.

155. Section 40.12.23 of the Act is repealed.
156. Section 40.42 of the Act is amended by striking out “, the Act respecting

school elections (chapter E-2.3)” in the first paragraph.

157. Section 541 of the Act is amended by replacing “, the Act respecting elections and referendums in municipalities (chapter E-2.2) and the Act respecting school elections (chapter E-2.3)” by “and the Act respecting elections and referendums in municipalities (chapter E-2.2)”.
158. Section 549 of the Act is amended by striking out “or school” in paragraph 1.1.

ACT RESPECTING PRIVATE EDUCATION

159. Section 112 of the Act respecting private education (chapter E-9.1) is amended by adding the following paragraph at the end:

“(7) provideforandregulatethecarryingoutofinformationandprevention activities related to safety at school as well as prescribe or limit the application by school authorities of certain measures relating to safety at school and to the safety and physical integrity of students and the safety and integrity of their property.”

ACT RESPECTING WORKFORCE MANAGEMENT AND CONTROL

WITHIN GOVERNMENT DEPARTMENTS, PUBLIC SECTOR BODIES AND NETWORKS AND STATE-OWNED ENTERPRISES

160. Section 16 of the Act respecting workforce management and control within government departments, public sector bodies and networks and state- owned enterprises (chapter G-1.011) is amended by replacing both occurrences of “council of commissioners” in the fourth paragraph by “school council”.

ACT TO ENSURE MAINLY THE RECOVERY OF AMOUNTS IMPROPERLY PAID AS A RESULT OF FRAUD OR FRAUDULENT TACTICS IN CONNECTION WITH PUBLIC CONTRACTS

161. Section 47 of the Act to ensure mainly the recovery of amounts improperly paid as a result of fraud or fraudulent tactics in connection with public contracts (chapter R-2.2.0.0.3) is amended

• bystrikingout“,ofsection221.1.2oftheActrespectingschoolelections (chapter E-2.3)” in the first paragraph;
• by striking out “, of section 221.1.4 of the Act respecting school elections” in the second paragraph.

ACT TO ESTABLISH THE ADMINISTRATIVE LABOUR TRIBUNAL

162. Schedule I to the Act to establish the Administrative Labour Tribunal (chapter T-15.1) is amended by striking out paragraph 9.

REGULATION RESPECTING THE DEFINITION OF RESIDENT IN QUEBEC

163. The title of the Regulation respecting the definition of resident in Quebec (chapter I-13.3, r. 4) is amended by adding “and the categories of students excluded from entitlement to certain free educational services” at the end.
164. The Regulation is amended by inserting the following section after section 1:

“1.1. Subject to the third paragraph of section 455 of the Education Act, a student who is not resident in Quebec within the meaning of section 1 of the Regulation and who belongs to one of the following categories is excluded from entitlement to free educational services under the first paragraph of section 3 of that Act:

(1) a student with visitor status; (2) a student admitted to Quebec to pursue studies; or

46

• a student with no residence in Quebec during the school year.”

REGULATION RESPECTING THE COMPLAINT EXAMINATION PROCEDURE ESTABLISHED BY A SCHOOL BOARD

165. The Regulation respecting the complaint examination procedure established by a school board (chapter I-13.3, r. 7.1) is amended by replacing all occurrences of “council of commissioners” by “school council”.
166. The Regulation is amended by inserting the following section after section 5:

“5.1. In this division and with regard to the services the school board provides to the child, “student” includes a homeschooled child.”

REGULATION RESPECTING STUDENT TRANSPORTATION

167. Section 2 of the Regulation respecting student transportation (chapter I-13.3, r. 12) is amended by replacing both occurrences of “commissioners” in paragraph 7 by “school council members”.

REGULATION RESPECTING THE DELEGATIONS OF POWERS AND DUTIES OF THE MINISTER OF EDUCATION, RECREATION AND SPORTS

168. Section 2 of the Regulation respecting the delegations of powers and duties of the Minister of Education, Recreation and Sports (chapter M-15, r. 1) is amended by striking out paragraph 1.

REGULATION RESPECTING CERTAIN CONDITIONS OF EMPLOYMENT OF SENIOR EXECUTIVES OF SCHOOL BOARDS

169. The Regulation respecting certain conditions of employment of senior executives of school boards made by a ministerial order dated 18 November 2004 (2004, G.O. 2, 3529), the title of which was changed to “Regulation respecting certain conditions of employment of senior executives of school boards and of the Comite de gestion de la taxe scolaire de l’Tle de Montreal”, is amended by inserting the following section after section 25:

“25.1. The director general’s evaluation must focus, in particular, on the management of the school board’s financial resources, the director general’s function of ensuring that everyone’s roles and responsibilities are given due regard and the implementation of the commitment-to-success plan.”

170. Section 27 of the Regulation is amended (1) by inserting “, except the director general,” after “senior executives”; (2) by adding the following paragraph at the end: “A director general shall be evaluated in accordance with section 199.1 or 420 of the Education Act. The performance bonus shall be paid 30 days after the evaluation is given to the director general or on another date agreed on by the director general and school board.”
171. Section 108 of the Regulation is amended by inserting “, on the expertise and experience profile, if applicable,” after “Schedule 1”.
172. Sections 109 and 110 of the Regulation are amended by adding the following sentence at the end: “A director general, however, shall be appointed for a definite period.”
173. Section 111 of the Regulation is amended by adding the following sentence at the end: “A director general shall be engaged for a period not exceeding five years.”
174. Section 113 of the Regulation is amended by inserting “, subject, for a director general, to section 200, 200.1 or 420 of the Education Act” after “appointment”.
175. Section 114 of the Regulation is amended by adding “, subject to section 200, 200.1 or 420 of the Education Act” at the end.
176. Section 135 of the Regulation is amended by adding the following paragraph at the end: “The hearing may not be held before 45 days have elapsed since the Minister received the school council’s resolution stating the decision to suspend, dismiss or terminate appointment or, if the Minister postpones the decision, before the Minister’s decision under the seventh paragraph of section 200.1 or 420 of the Education Act has been communicated.”
177. The Regulation is amended

• by replacing all occurrences of “council of commissioners” and “advisory committee on management” by “school council” and “joint management committee”, respectively;
• by striking out all occurrences of “and the executive committee” and “and of the executive committee”.

REGULATION RESPECTING CERTAIN CONDITIONS OF EMPLOYMENT OF SENIOR STAFF OF SCHOOL BOARDS AND OF THE COMITE DE GESTION DE LA TAXE SCOLAIRE DE L’lLE DE MONTREAL

178. Section 124 of the Regulation respecting certain conditions of employment of senior staff of school boards and of the Comite de gestion de la taxe scolaire de l’Tle de Montreal made by a ministerial order dated

48

10 May 2012 (2012, G.O. 2, 1817) is amended by adding the following paragraph at the end:

“A school principal or principal of a centre shall be evaluated, in particular, on the implementation of his school’s or centre’s educational project.”

179. Section 134 of the Regulation is amended by replacing “council of commissioners of the school board” in the first paragraph by “school board’s school council”.
180. The Regulation is amended by replacing all occurrences of “action plan” and “approval” by “educational project” and “approval or adoption”, respectively.