C-57.1 - Act respecting the Conseil des collèges

Full text
chapter C-57.1
Act respecting the Conseil des collèges
CONSEIL DES COLLÈGESJune 15 1993July 14 1993
Repealed, 1993, c. 26, s. 27.
1993, c. 26, s. 27.
DIVISION I
ESTABLISHMENT AND COMPOSITION OF THE COUNCIL
1. A body, hereinafter called “the Council”, is established under the name of “Conseil des collèges”.
The Council is responsible for the general and vocational education at the college level provided by the general and vocational colleges and by the institutions contemplated in the Act respecting private education (chapter E-9).
1979, c. 23, s. 1.
2. The Council is composed of the following members, appointed by the Government:
(a)  the president;
(b)  eight persons from the college milieu, appointed after consultation with the colleges and with the most representative associations in the college milieu;
(c)  three persons appointed after consultation with the most representative associations in the business, labour and cooperative fields;
(d)  a representative of the parents, appointed after consultation with the most representative associations of parents of college level students;
(e)  one person from the university milieu, appointed after consultation with the universities and another from the secondary education milieu, appointed after consultation with the associations most representative of the school boards;
(f)  a government civil servant, who does not have a vote.
The chairman of the vocational education commission and the chairman of the evaluation commission are also members of the Council.
1979, c. 23, s. 2.
3. The president of the Council is appointed for five years, and he shall exercise his duties on a full-time basis. His term shall not be renewed more than once, consecutively.
1979, c. 23, s. 3.
4. The members of the Council contemplated in subparagraphs b, c, d and e of the first paragraph of section 2 are appointed for three years. Their term of office shall not be renewed more than once, consecutively.
However, seven of the first fourteen members contemplated in the first paragraph are appointed for two years.
1979, c. 23, s. 4.
5. No member of the National Assembly may become or remain a member of the Council.
The members of the Council must be domiciled in Québec.
1979, c. 23, s. 5.
6. The Government shall fix the remuneration, the social benefits and the other conditions of employment of the president. The remuneration of the president, once determined, shall not be reduced.
1979, c. 23, s. 6.
7. The members of the Council other than the president, the chairman of the evaluation commission and the chairman of the vocational education commission receive no remuneration.
However, they are entitled to the reimbursement of justifiable expenses incurred by them in the exercise of their functions, and they receive an attendance allowance fixed by the Government.
1979, c. 23, s. 7.
8. At the end of their terms, the members of the Council remain in office until they are reappointed or replaced.
If, during the course of a term, a vacancy occurs in the office of a member contemplated in subparagraph b, c, d or e of the first paragraph of section 2, it shall be filled following the mode of appointment provided in section 2.
If a member is absent from such number of meetings as the Council may fix by by-law, his office is deemed to be vacant.
1979, c. 23, s. 8.
9. If the president is unable to act, the Government may replace him by appointing a person whose remuneration, social benefits and other conditions of employment it shall fix, to exercise the functions of the president for as long as he is unable to act.
1979, c. 23, s. 9.
10. The secretary of the Council is appointed for five years, on the recommendation of the Council, by the Government, which shall fix his remuneration, social benefits and other conditions of employment; if he is dismissed or suspended, section 33 of the Public Service Act (chapter F-3.1.1) then becomes applicable to him. His term is renewable.
The other employees of the Council are appointed and remunerated in accordance with that act.
1979, c. 23, s. 10; 1983, c. 55, s. 161.
11. The Council shall meet at least six times a year.
1979, c. 23, s. 11.
DIVISION II
FUNCTIONS AND POWERS OF THE COUNCIL
12. The function of the Council is to advise the Minister of Higher Education and Science on the draft regulations, on the matters contemplated in section 14 and on any other question concerning college education referred to it by the Minister. It shall report to the Minister on the state and needs of college education.
1979, c. 23, s. 12; 1985, c. 21, s. 96; 1988, c. 41, s. 88.
13. The Council may, in particular, in the exercise of its functions,
(a)  suggest goals to be pursued to ensure the development of college education and revise them periodically;
(b)  invite opinions, and receive and hear the petitions and suggestions of the public in matters of college education;
(c)  make recommendations to the Minister of Higher Education and Science on any matter relating to college education;
(d)  cause to be carried out such studies and research as it deems useful or necessary to the accomplishment of its duties.
1979, c. 23, s. 13; 1985, c. 21, s. 96; 1988, c. 41, s. 88.
14. The Minister of Higher Education and Science shall submit for the opinion of the Council
(a)  the draft regulations contemplated in paragraphs b and c of the first paragraph and in the second paragraph of section 18 of the General and Vocational Colleges Act (chapter C-29);
(b)   plans for the establishment of new colleges;
(c)  plans for the setting up of new college curricula established by the Minister;
(d)   the plan for apportioning the college curricula among the colleges;
(e)   the policy for the apportionment among the colleges of the total amount of the annual appropriations granted for college education;
(f)   the plan and the rules for the apportionment of investment budgets among the colleges.
Subparagraphs b, d, e and f of the first paragraph do not apply to the institutions contemplated in the Act respecting private education (chapter E-9).
1979, c. 23, s. 14; 1985, c. 21, s. 96; 1988, c. 41, s. 88.
15. The Council may make internal management by-laws for the conduct of its affairs.
1979, c. 23, s. 15.
16. An evaluation commission and a vocational education commission are established in the Council.
1979, c. 23, s. 16.
17. The evaluation commission shall examine the evaluation policies of the institutions and their implementation of them, and advise the Council in the light of this examination.
It shall, in addition, offer to the colleges an evaluation service respecting the curricula or any aspect of their institutional practices.
1979, c. 23, s. 17.
18. The vocational education commission shall advise the Council, which must consult it on policies affecting vocational education. It shall attend to relations between the Council and the various bodies interested in vocational education.
1979, c. 23, s. 18.
19. The chairman of each of these commissions is appointed for three years by the Government upon the recommendation of the Council. His term shall not be renewed more than once, consecutively.
The Government shall fix his remuneration, social benefits and other conditions of employment.
1979, c. 23, s. 19.
20. The members of these commissions, whose number is determined by the Council but must not be greater than eight for each commission, are appointed by the Council.
The Council shall fix the term of office and mode of replacement of these members.
1979, c. 23, s. 20.
21. The members of the vocational education commission and of the evaluation commission receive no remuneration.
However, they are entitled to the reimbursement of justifiable expenses incurred by them in the exercise of their functions and they receive an attendance allowance fixed by the Government.
1979, c. 23, s. 21.
22. In the exercise of its functions, the Council may, with the authorization of the Minister of Higher Education and Science, establish committees having special mandates and determine their composition and the term of office of their members.
Section 21 applies, mutatismutandis, to the members of these committees.
1979, c. 23, s. 22; 1985, c. 21, s. 96; 1988, c. 41, s. 88.
DIVISION III
MISCELLANEOUS PROVISIONS
23. The fiscal period of the Council terminates on 31 March each year.
1979, c. 23, s. 23.
24. The Council must, not later than 31 August each year, make a report to the Minister of Higher Education and Science of its activities for the preceding fiscal period and on the state and the needs of college education. That report must also contain all the information that may be prescribed by the Minister.
The Minister shall table the report of the Council before the National Assembly within thirty days of his receiving it. If he receives it while the National Assembly is not sitting, he shall table it within thirty days after the opening of the next session or, as the case may be, within fifteen days after resumption.
1979, c. 23, s. 24; 1985, c. 21, s. 96; 1988, c. 41, s. 88.
25. (Amendment integrated into c. C-60, s. 14).
1979, c. 23, s. 25.
26. (Amendment integrated into c. C-60, s. 24).
1979, c. 23, s. 26.
27. (Amendment integrated into c. C-60, s. 30).
1979, c. 23, s. 27.
28. (Amendment integrated into c. E-9, s. 1).
1979, c. 23, s. 28.
29. (Amendment integrated into c. E-9, s. 14).
1979, c. 23, s. 29.
30. (Amendment integrated into c. E-9, s. 17).
1979, c. 23, s. 30.
31. (Amendment integrated into c. E-9, s. 31).
1979, c. 23, s. 31.
32. (Amendment integrated into c. E-9, s. 42).
1979, c. 23, s. 32.
33. The expenses incurred for the carrying out of this act shall be paid for the fiscal period 1979/1980 out of the consolidated revenue fund, and for subsequent fiscal periods out of the moneys voted annually for such purpose by the Legislature.
1979, c. 23, s. 33.
34. The Minister of Higher Education and Science is entrusted with the application of this Act.
1979, c. 23, s. 34; 1985, c. 21, s. 96; 1988, c. 41, s. 88.
35. (Omitted).
1979, c. 23, s. 35.
36. (This section ceased to have effect on 17 April 1987).
1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 23 of the statutes of 1979, in force on 1 November 1980, is repealed, except section 35, effective from the coming into force of chapter C-57.1 of the Revised Statutes.