M-15, r. 1 - Regulation respecting the delegations of powers and duties of the Minister of Education, Recreation and Sports

Updated to 1 September 2012

This document has official status.

chapter M-15, r. 1

Regulation respecting the delegations of powers and duties of the Minister of Education, Recreation and Sports

Act respecting the Ministère de l’Éducation, du Loisir et du Sport

(chapter M-15, a. 12.1).

1. The Deputy Minister of Education, Recreation and Sports shall exercise, in the place of the Minister of Education, Recreation and Sports, the following powers and duties:

(1)  authorizing a school board or private institution, in exceptional circumstances and on the conditions and for the period he determines, to engage as teachers for the preschool, elementary or secondary level, persons who do not hold a teaching licence, in accordance with section 25 of the Education Act (chapter I-13.3) or the third paragraph of section 50 of the Act respecting private education (chapter E-9.1);

(2)  establishing conditions of admission to vocational education programs, in accordance with section 465 of the Education Act;

(3)  establishing the special conditions for admission to programs leading to a Diploma of College Studies, in accordance with subparagraph 3 of the first paragraph of section 2 of the College Education Regulations (chapter C-29, r. 4).

O.C. 1081-2000, s. 1.

2. The Deputy Minister and the Assistant Deputy Minister for school networks are each authorized to exercise, in the place of the Minister, the following powers and duties:

(1)  determining at what time and in what form the apportionment of the rights and obligations of a school board which has had its territory divided up shall be transmitted, in accordance with the second paragraph of section 120 of the Education Act (chapter I-13.3);

(2)  authorizing a school board, subject to the terms and conditions he determines, to provide for expenditures in its budget that exceed its revenues, in accordance with section 279 of the Education Act;

(3)  giving prior authorization to the Cree School Board or the Kativik School Board to carry out certain acquisitions, leasings, constructions or repairs in accordance with the second paragraph of section 213 of the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14), as it read on 8 June 1978.

O.C. 1081-2000, s. 2.

3. The Deputy Minister and the Assistant Deputy Minister for college education are each authorized to exercise, in the place of the Minister, the following powers and duties:

(1)  approving by-laws of colleges prescribing the payment of admission or registration fees for college instruction services, or other fees pertaining to such services, in accordance with section 24.5 of the General and Vocational Colleges Act (chapter C-29);

(2)  determining the remedial activities that colleges may impose and the number of credits which may be awarded for those activities, in accordance with the second paragraph of section 3 of the College Education Regulations (chapter C-29, r. 4);

(3)  determining the deadline beyond which students may not drop a course without a failing mark being entered on their report, in accordance with section 29 of the College Education Regulations.

O.C. 1081-2000, s. 3.

4. The Deputy Minister and the Assistant Deputy Minister for preschool, elementary and secondary education are each authorized, in the place of the Minister, to draw up a list of textbooks and instructional material or classes of instructional material approved by him and which may be selected for the teaching of the programs of studies established by the Minister, in accordance with the first paragraph of section 462 of the Education Act (chapter I-13.3)

O.C. 1081-2000, s. 4.

5. The Deputy Minister and, within the limits of their duties, the Assistant Deputy Minister for preschool, elementary and secondary education and the Assistant Deputy Minister for private education, are each authorized to exercise, in the place of the Minister, the following powers and duties:

(1)  allowing, subject to the conditions determined by the Minister, a school to replace a program of studies established by him 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 and approving such program, in accordance with the third paragraph of section 222.1 of the Education Act (chapter I-13.3) or the second paragraph of section 32 of the Act respecting private education (chapter E-9.1);

(2)  exempting, on the conditions he determines, any student or category of students he determines from the application of certain rules of certification of studies or of prior learning, in accordance with section 460 of the Education Act or in accordance with the first paragraph of section 30 of the Act respecting private education.

O.C. 1081-2000, s. 5.

6. The Deputy Minister, the Assistant Deputy Minister for school networks and the Director General for the financing and equipment of primary and secondary educational institutions are each authorized to exercise, in the place of the Minister, the following powers and functions:

(1)  giving prior authorization to a school board to enter into certain agreements, in accordance with the second paragraph of section 267 of the Education Act (chapter I-13.3);

(2)  authorizing a school board or the Conseil scolaire de l’île de Montréal to hypothecate or demolish its immovables and to borrow money, requiring that they provide any information concerning their financial situation, and determining the terms and conditions of loans, in accordance with sections 272, 288, 289 and 423 of that Act;

(3)  determining the date of transmission and the form of the operating, investment and debt service budgets of the school boards and of the Conseil scolaire de l’île de Montréal, in accordance with sections 277 and 445 of that Act, and determining the date before which the Cree and Kativik school boards are required to submit their operating, investment and debt service budgets, in accordance with section 339 of the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14), as it read on 8 June 1978;

(4)  determining the dates of transmission and the form of the interim reports on the financial situation of the school boards, in accordance with section 282 of the Education Act;

(5)  determining the manner and the forms that apply to the keeping of the accounting records of the school boards, in accordance with section 283 of that Act;

(6)  determining the time of transmission and the form of the annual financial statements of the school boards, in accordance with section 287 of that Act;

(7)  fixing the equalization grant of the school boards, in accordance with section 475 of that Act;

(8)  granting, on the terms and conditions he determines, a subsidy for the payment of a loan, in accordance with the first paragraph of section 476 of that Act;

(9)  depositing with the Minister of Finance sums intended for the repayment of the principal of a loan in respect of which a subsidy has been granted under section 476 of the Education Act, in order to constitute a sinking fund, in accordance with the third paragraph of section 476 or the first paragraph of section 477.1 of that Act;

(10)  determining the time of transmission and the form of the financial statements of private institutions dispensing services for preschool, elementary or secondary school education, in accordance with section 65 of the Act respecting private education;

(11)  previously approving or providing the plans and specifications for work on an immovable of the Cree School Board or the Kativik School Board, in accordance with section 235 of the Education Act for Cree, Inuit and Naskapi Native Persons, as it read on 8 June 1978.

O.C. 1081-2000, s. 6.

7. The Deputy Minister, the Assistant Deputy Minister for college education and the Director General for the financing and equipment of colleges are each authorized to exercise, in the place of the Minister, the following powers and duties:

(1)  granting to a college the authorization required to borrow money on its credit, hypothecate its property for certain purposes, issue bonds or other titles of indebtedness or securities and sell, exchange or hypothecate the same, or create a servitude, in accordance with the second and third paragraphs of section 6 of the General and Vocational Colleges Act (chapter C-29);

(2)  determining the date of transmission and the form of the budget of the colleges, in accordance with the first paragraph of section 26.1 of that Act;

(3)  determining the documents or information that must accompany the colleges’ financial statements as well as the time of their transmission and their form, in accordance with section 27 of that Act;

(4)  granting, subject to the terms and conditions he determines, a subsidy to a college in order to provide for payment of a loan and depositing with the Minister of Finance sums to constitute a sinking fund, in accordance with sections 28.1 and 28.2 of that Act;

(5)  determining the time of the transmission and the form of the financial statements of private institutions dispensing services for college education, in accordance with section 65 of the Act respecting private education (chapter E-9.1).

O.C. 1081-2000, s. 7.

8. The Deputy Minister, the Assistant Deputy Minister for university education and the Director General for the financing and equipment of universities are each authorized, in the place of the Minister, to grant, subject to the terms and conditions he determines, a subsidy for the purposes of investments approved under section 4 of the University Investments Act (chapter I-17) to any university establishment in order to provide for certain payments and to deposit with the Minister of Finance sums to constitute a sinking fund, in accordance with section 6.1 or the first paragraph of section 6.2 of that Act.

O.C. 1081-2000, s. 8.

9. (Omitted).

O.C. 1081-2000, s. 9.

10. (Omitted).

O.C. 1081-2000, s. 10.

REFERENCES

O.C. 1081-2000, 2000 G.O. 2, 4587