I-13.021 - Act respecting the Institut national d’excellence en éducation

Updated to 20 February 2024

This document has official status.

not in force

chapter I-13.021

Act respecting the Institut national d’excellence en éducation

CHAPTER I ESTABLISHMENT

2023, c. 32, s. 65.

1. An institute to be known as the “Institut national d’excellence en éducation” is established.

2023, c. 32, s. 65.

2. The institute is a legal person and a mandatary of the State.

The institute’s property forms part of the domain of the State, but the execution of its obligations may be levied against its property.

The institute binds none but itself when it acts in its own name.

2023, c. 32, s. 65.

3. The institute’s head office is in the territory of Ville de Québec. A notice of the location and of any change in location of the head office must be published in the Gazette officielle du Québec.

2023, c. 32, s. 65.

CHAPTER II MISSION AND FUNCTIONS

2023, c. 32, s. 65.

4. The institute’s mission is to promote excellence in educational services for preschool education and for elementary and secondary school education, in vocational training and in adult education services.

The institute must carry out that mission in a manner respectful of teachers’ pedagogical expertise and in keeping with the principles of scientific rigour, objectivity, transparency, independence, openness, integrity, equity, efficient use of resources and cooperation with organizations that can contribute to the mission.

2023, c. 32, s. 65.

5. More particularly, the institute’s mission consists in

(1)  identifying, in collaboration with the Minister and school system stakeholders, priority issues that would benefit from its work;

(2)  preparing and keeping up to date a summary of the scientific knowledge available in Québec and elsewhere concerning educational success and students’ well-being, which summary must reflect the diversity of research perspectives;

(3)  identifying best practices, drawing up recommendations and keeping them up to date, disseminating them to school system stakeholders and making them public, together with the rationale for them and the information used in drawing them up;

(4)  fostering implementation of its recommendations, mainly by developing and disseminating practical training activities, in particular for the benefit of school staff, or other knowledge transfer tools that promote pedagogical practices and methods proven by scientific research to be effective;

(5)  contributing to training of and support for school staff;

(6)  giving an opinion on the determination of the qualifications required of teachers at the preschool education level, the elementary or secondary school level, the vocational training level or the adult education level to obtain a teaching licence;

(7)  giving an opinion on teacher training programs for preschool education, for elementary and secondary school education, for vocational training and for adult education;

(8)  recognizing, in accordance with the regulation made under section 457 of the Education Act (chapter I-13.3), the content of certain continuing education activities;

(9)  advising the Minister on any matter relating to education; and

(10)  carrying out any other mandate entrusted to it by the Minister.

2023, c. 32, s. 65.

6. The institute must give its opinion on any matter the Minister submits to it with respect to the fields or subjects within its purview.

The institute’s opinion must include recommendations, unless the nature of the request precludes it.

2023, c. 32, s. 65.

7. The institute reports to the Minister at least every two years on the state and needs of education.

The Minister tables the report in the National Assembly within 30 days after receiving it or, if the Assembly is not sitting, within 30 days after resumption.

2023, c. 32, s. 65.

8. A public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) that holds information whose nature is related to the institute’s mission must provide the institute with the non-personal information it requests that is necessary for the purposes of this Act.

The public body referred to in the first paragraph must, as far as possible, provide the institute with all necessary assistance where the information requested must be collected or compiled.

2023, c. 32, s. 65.

CHAPTER III ORGANIZATION AND OPERATION

2023, c. 32, s. 65.

9. The institute is administered by a board of directors consisting of 13 members.

The members are

(1)  the board chair;

(2)  the president and chief executive officer;

(3)  six persons working in the field of preschool education, elementary or secondary school education, vocational training or adult education, including one person with expertise in the field of services for handicapped students and students with social maladjustments or learning disabilities and at least

(a)  one teacher;

(b)  one school guidance counsellor;

(c)  one person who is not a teacher or a school guidance counsellor but who provides educational services to students; and

(d)  two members of the executive staff, including one director general or assistant director general of a school service centre;

(4)  one parent representative;

(5)  one university professor from an education faculty, school or department;

(6)  a member from the research sector;

(7)  one member from an organization working in the fields of school perseverance and school success; and

(8)  one other person who is not referred to in subparagraphs 3 to 7.

The members are appointed by the Government, on the Minister’s recommendation. Members referred to in subparagraphs 3 to 7 of the second paragraph are appointed after consulting with organizations that the Minister considers to be representative.

In addition, the composition of the board of directors must allow the presence of at least one person working in an English-language school service centre, at least one person working in a vocational training centre or adult education centre, at least one person working in a private educational institution and at least one person from an Indigenous community.

The chief scientist, the Deputy Minister of Education, Recreation and Sports, the Deputy Minister of Higher Education, Research, Science and Technology, the Deputy Minister of Economy and Innovation and the president of the Conseil de l’enseignement supérieur, or any person each of them may designate, are to act as observers. They have the right to attend the meetings of the board and receive and keep the documents provided to board members. They have the right to speak, but not the right to vote.

2023, c. 32, s. 65.

10. The president and chief executive officer exercises the functions of office on a full-time, exclusive basis.

If the president and chief executive officer is absent or unable to act, or if that position is vacant, the board of directors may designate a member of the institute’s personnel to act as interim president and chief executive officer for a period not exceeding 18 months.

2023, c. 32, s. 65.

11. The quorum at board meetings is a majority of the board members, including the chair of the board.

2023, c. 32, s. 65.

12. The functions of the board of directors include

(1)  preparing an annual plan of the institute’s activities as well as the related budget, and sending them to the Minister for approval, on the date and in the form determined by the Minister;

(2)  adopting the code of ethics applicable to any outside experts the board may call on for the exercise of its functions;

(3)  making public on the institute’s website, and in any other manner that it considers appropriate, the annual plan of the institute’s activities that has been approved by the Minister, the summary and recommendations referred to in paragraphs 2 and 3, respectively, of section 5 and, 60 days after sending them to the Minister, the opinions and recommendations given under section 6;

(4)  adopting a policy concerning intellectual property rights for the texts, research and reports commissioned by the institute and submit it to the Minister for approval, with or without amendments; and

(5)  making by-laws concerning the exercise of its powers, and its internal management.

2023, c. 32, s. 65.

13. The institute establishes a scientific committee and a teacher training program advisory committee.

Subject to this section and sections 14 and 15, the composition of the above committees and their mode of operation are determined by the institute.

The members of the institute’s committees are not remunerated, except in the cases, on the conditions and to the extent that may be determined by the Government. They are, however, entitled to reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.

2023, c. 32, s. 65.

14. The scientific committee proposes the methods to be used by the institute to prepare its summary of scientific knowledge, identify best practices and draw up recommendations under paragraphs 2 and 3 of section 5. The committee also gives opinions on the institute’s draft recommendations.

The composition of the committee must reflect the scientific disciplines related to the elements of its mission, that is, educational services for preschool education and for elementary and secondary school education, vocational training and adult education services.

2023, c. 32, s. 65.

15. The mandate of the teacher training program advisory committee is to give an opinion on the determination of the qualifications required of teachers under paragraph 6 of section 5. The committee also gives its opinion on teacher training programs under paragraph 7 of that section.

The committee also advises the Minister of Higher Education, Research, Science and Technology on the funding of university-level teacher education programs.

Before giving an opinion on a training program, the committee consults the administrative committee established by the Minister of Higher Education, Research, Science and Technology to advise the Minister with respect to university training programs.

The committee must be composed in equal parts of persons from the education sector and persons from the university education sector.

The committee submits its opinions intended for the Minister to the board of directors. The board of directors may then comment on the opinions. The board of directors then sends the committee’s opinions, together with the board’s comments, if applicable, to the Minister.

The Minister may determine the terms that the committee must comply with when giving its opinions on teacher training programs, including the periods during which the committee’s opinions, together with the board’s comments, if applicable, must be sent to the Minister.

2023, c. 32, s. 65.

16. When drawing up its recommendations, the institute takes into consideration the foreseeable consequences of the recommendations on the education system’s resources and stakeholders as well as the time necessary for implementing them.

2023, c. 32, s. 65.

17. The institute may enter into agreements with any group or body able to provide the information necessary to draw up its recommendations.

The institute may also enter into an agreement with a government other than the Gouvernement du Québec, a department of such a government, an international organization, or a body of such a government or organization.

2023, c. 32, s. 65.

18. The members of the institute’s personnel are appointed in accordance with the staffing plan and the standards established by a by-law of the institute.

Subject to the provisions of a collective agreement, the institute determines, by by-law, the standards and scales of remuneration, employee benefits and other conditions of employment of the members of its personnel in accordance with the conditions determined by the Government.

2023, c. 32, s. 65.

CHAPTER IV FINANCIAL PROVISIONS AND REPORTS

2023, c. 32, s. 65.

19. The institute’s fiscal year ends on 31 March.

2023, c. 32, s. 65.

20. The financial statements and the annual management report of the institute must contain the information required by the Minister. The annual management report must also give an account of the institute’s use of the personal information communicated to it for the purposes of this Act as well as an account of board members’ attendance at board meetings and of their remuneration, if applicable.

2023, c. 32, s. 65.

21. The institute’s books and accounts are audited by the Auditor General every year and whenever the Government so orders.

The Auditor General’s report must be submitted with the institute’s financial statements.

2023, c. 32, s. 65.

22. The institute may not accept or receive sums or property from sources that could undermine its independence or place it in a conflict of interest situation.

2023, c. 32, s. 65.

23. The Government may, on the conditions and in the manner it determines,

(1)  guarantee payment of the principal of and interest on any loan contracted by the institute, and the performance of any of its obligations; and

(2)  authorize the Minister of Finance to advance to the institute any amount considered necessary to meet its obligations or pursue its mission.

The sums paid under this section are taken out of the Consolidated Revenue Fund.

2023, c. 32, s. 65.

24. The institute may not, without the Government’s authorization,

(1)  contract a loan that causes the total of its outstanding loans to exceed the amount determined by the Government;

(2)  make a financial commitment in excess of the limits or in contravention of the terms determined by the Government;

(3)  acquire or dispose of other assets in excess of the limits or in contravention of the terms determined by the Government; or

(4)  accept a gift or legacy to which a charge or condition is attached.

2023, c. 32, s. 65.

25. The institute must provide the Minister with all information the Minister requires concerning its activities, within the time limits and in the form specified by the Minister.

2023, c. 32, s. 65.

26. Chapter II of the Public Administration Act (chapter A-6.01) applies to the institute as if it were a body designated under the second paragraph of section 5 of that Act.

2023, c. 32, s. 65.

CHAPTER V AMENDING PROVISIONS

2023, c. 32, s. 65.

Financial Administration Act

27. (Not in force).

2023, c. 32, s. 65.

Act respecting the governance of state-owned enterprises

28. (Not in force).

2023, c. 32, s. 65.

Public Protector Act

29. (Not in force).

2023, c. 32, s. 65.

Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors

30. (Not in force).

2023, c. 32, s. 65.

Act respecting the Government and Public Employees Retirement Plan

31. (Not in force).

2023, c. 32, s. 65.

Act respecting the Pension Plan of Management Personnel

32. (Not in force).

2023, c. 32, s. 65.

CHAPTER VI MISCELLANEOUS AND FINAL PROVISIONS

2023, c. 32, s. 65.

33. Subject to the conditions of employment applicable to them, the employees of the Ministère de l’Éducation, du Loisir et du Sport assigned to functions entrusted to the institute by this Act and identified by the Minister become employees of the institute on the date determined by the Minister, which may not be later than 7 December 2025.

2023, c. 32, s. 65.

34. An employee transferred to the institute under section 33 who, on the date of the transfer, was a public servant with permanent tenure may apply for a position in the public service offered as a transfer or enter a promotion-only qualification process for such a position in accordance with the Public Service Act (chapter F-3.1.1).

The same applies in the case of an employee transferred to the institute who, on the date of the transfer, was a public servant who had not acquired permanent tenure, other than a casual employee, provided the employee successfully completes the remainder of the probationary period required under section 13 of the Public Service Act at the institute before applying for a position offered as a transfer.

2023, c. 32, s. 65.

35. An employee referred to in section 34 who applies for a position in the public service offered as a transfer or enters a promotion selection process may apply to the Chair of the Conseil du trésor for an assessment of the classification that would be assigned to the employee in the public service. The assessment must take into account the classification the employee had in the public service on the date of the transfer as well as the years of experience and the level of schooling attained while in the employ of the institute.

If an employee is selected to hold the position in the public service offered as a transfer following the application of section 34, the Deputy Minister or the chief executive officer of the body establishes the employee’s classification compatible with the assessment provided for in the first paragraph.

Employees referred to in the second paragraph of section 34 who, at the time of their transfer to the institute, had not completed the period of continuous employment required for the purposes of section 14 of the Public Service Act (chapter F-3.1.1) to acquire permanent tenure and who, at the time a classification is established for them under the second paragraph, still have not completed the equivalent of that period by adding the time served in the public service before transferring to the institute and that served as an institute employee must, before acquiring permanent tenure, complete the remainder of that period from the day a classification is established for them.

If an employee obtains a position in the public service after taking part in a promotion selection process under section 34, their classification must take into account the criteria set out in the first paragraph.

2023, c. 32, s. 65.

36. If some or all of the institute’s operations are discontinued, an employee referred to in section 33 who had permanent tenure at the time of their transfer is entitled to be placed on reserve in the public service with the same classification they had on the date of the transfer.

An employee referred to in the second paragraph of section 34 is entitled to be placed on reserve in the public service only if, at the time some or all of the institute’s operations are discontinued, the time accumulated in the public service before their transfer to the institute and the time accumulated as an employee of the institute is at least equivalent to the continuous period of employment provided for in section 14 of the Public Service Act (chapter F-3.1.1).

If some of the institute’s operations are discontinued, the employee continues to exercise their functions within the institute until the Chair of the Conseil du trésor is able to assign them a position in accordance with section 100 of the Public Service Act.

When assigning a position to an employee referred to in this section, the Chair of the Conseil du trésor determines their classification taking into account the criteria set out in the first paragraph of section 35.

2023, c. 32, s. 65.

37. An employee with permanent tenure referred to in section 33 who, in accordance with the conditions of employment applicable to them, refuses to be transferred to the institute is temporarily assigned to the institute until the Chair of the Conseil du trésor is able to assign the employee a position in accordance with section 100 of the Public Service Act (chapter F-3.1.1).

2023, c. 32, s. 65.

38. Subject to remedies available under a collective agreement or provisions in lieu of a collective agreement, an employee referred to in section 33 who is dismissed may bring an appeal under section 33 of the Public Service Act (chapter F-3.1.1) if they were a public servant with permanent tenure on the date of their transfer to the institute.

The same applies in the case of an employee referred to in the second paragraph of section 34 who has successfully completed the remainder of the probationary period required under section 13 of the Public Service Act at the institute.

2023, c. 32, s. 65.

39. Sections 33 to 38 apply to the employees of the Conseil supérieur de l’éducation assigned to functions entrusted to the institute and identified by the Minister in accordance with an agreement entered into between the Minister and the Minister of Higher Education, Research, Science and Technology.

2023, c. 32, s. 65.

40. The Minister of Education, Recreation and Sports is responsible for the administration of this Act.

2023, c. 32, s. 65.