C-11, r. 5 - Regulation respecting requests to receive instruction in English

Updated to 1 January 2016

This document has official status.

chapter C-11, r. 5

Regulation respecting requests to receive instruction in English

Charter of the French language

(chapter C-11, s. 80).

1. Any person wishing to invoke any of the provisions of section 73 or 86.1 of the Charter of the French language (chapter C-11) in order that his child may be declared eligible to receive instruction in English shall address such request in writing to a school body.

For the purposes of this Regulation, the school bodies include, in addition to those mentioned in the Schedule to the Charter, private educational institutions governed by the Act respecting private education (chapter E-9.1).

O.C. 1758-93, s. 1.

2. Any request to have a child declared eligible to receive instruction in English shall be accompanied by a birth certificate of the child stating the names of the father and mother or, failing that, an official document issued by a competent authority and establishing the date of birth, sex and filiation of the child.

O.C. 1758-93, s. 2.

3. Any request based on paragraph 1 of section 73 of the Charter in respect of studies in Canada but outside Québec or on paragraph 2 of that same section shall be accompanied by one of the following documents or a certified true copy thereof:

(1)  a certificate showing that the mother or father is a Canadian citizen;

(2)  an official document issued by a competent authority and establishing the date and place of birth in Canada of the father or mother; or

(3)  the Canadian passport of the father or mother.

O.C. 1758-93, s. 3.

4. A request based on paragraph 1, 3 or 5 of section 73 of the Charter shall be accompanied by an attestation in writing issued by each school body or school attended by the father or mother of the child for whom the request is made, indicating

(1)  the period during which the father or mother received elementary instruction there;

(2)  the proportion of that instruction received in English in relation to all instruction received; and

(3)  the place where that instruction was received.

In addition, any request based on paragraph 5 of section 73 of the Charter shall be accompanied by documentary proof that the father or mother resided in Québec on 26 August 1977. If such proof cannot be provided, the request shall be accompanied by an affidavit that the father or mother resided in Québec on 26 August 1977 and that it is impossible to provide documentary proof of that fact.

In this Regulation, “school” means an educational institution located outside Québec.

O.C. 1758-93, s. 4; I.N. 2016-01-01 (NCCP).

5. A request based on paragraph 2 of section 73 of the Charter shall be accompanied by an attestation in writing issued by each school body or school attended by the child for whom the request is made or, where applicable, attended by the child’s brother or sister, indicating

(1)  the period during which the child or, where applicable, the child’s brother or sister, received elementary or secondary instruction there;

(2)  the proportion of that instruction received in English in relation to all instruction received; and

(3)  the place where that instruction was received.

Any request based on the studies of the child’s brother or sister shall be accompanied by a birth certificate of that brother or sister stating the names of their father and mother. Failing such certificate, any other official document issued by a competent authority and establishing the date of birth, sex and filiation of the brother or sister shall be produced.

O.C. 1758-93, s. 5.

6. Where a certificate of eligibility has been issued for the brother or sister of a child for whom a request is made under paragraph 1, 2, 3 or 5 of section 73 of the Charter, the eligibility of that child may be demonstrated by producing that certificate of eligibility or a certified true copy thereof and the birth certificate of the child’s brother or sister stating the names of their father and mother. Failing such certificate, any other official document issued by a competent authority and establishing the date of birth, sex and filiation of the child shall be produced.

O.C. 1758-93, s. 6.

7. In the case of a child referred to in paragraph 4 of section 73 of the Charter and for whom a certificate of eligibility has not been issued, proof of school attendance shall be shown by submitting the report card for the school year between 1 July 1976 and 30 June 1977 or, failing that, by an attestation in writing issued by the school body attended during that school year.

If the child’s last year of schooling was prior to the school year between 1 July 1976 and 30 June 1977, proof of school attendance shall be shown by an attestation in writing issued by the last school body then attended, together with the child’s last report card, as well as any report cards that the child received up to 30 June 1977.

O.C. 1758-93, s. 7.

8. A child referred to in paragraph 4 of section 73 of the Charter may be declared eligible provided that the certificate of eligibility of his brother or sister or a certified true copy thereof is produced.

Failing production of the certificate of eligibility of the brother or sister, proof of school attendance as prescribed in section 7 shall be shown in respect of the brother or sister.

In addition, a birth certificate of the brother or sister stating the parents’ names shall be produced. Failing such certificate, any other official document issued by a competent authority and establishing the date of birth, sex and filiation of the brother or sister shall be produced.

O.C. 1758-93, s. 8.

9. In the case of a child to whom an order made under section 86.1 of the Charter applies, documentary proof shall be produced of the father’s or mother’s domicile in the province or territory indicated in the order, as well as,

(1)  in the cases provided for in subparagraph a of the first paragraph of that section, an attestation in writing issued by each school attended by the father or mother of the child for whom the request is made and indicating

(a)  the period during which the father or mother received elementary instruction there;

(b)  the proportion of that instruction received in English in relation to all instruction received; and

(c)  the place where that instruction was received;

(2)  in the cases provided for in subparagraph b of the first paragraph of that section, an attestation in writing issued by the school attended and indicating

(a)  that the child for whom the request is made received elementary or secondary instruction in English during the last school year or has been receiving such instruction since the beginning of the current school year; and

(b)  the proportion of that instruction received in English in relation to all instruction received;

(3)  in the cases provided for in subparagraph c of the first paragraph of that section, the certificate of eligibility issued to the older brother or sister or a certified true copy thereof, together with a birth certificate of that older brother or sister stating the names of the parents. Failing such birth certificate, any other official document issued by a competent authority and establishing the date of birth, sex and filiation of the older brother or sister shall be produced.

In addition, in the case of subparagraph c of the first paragraph of that section, if it is impossible to provide the certificate of eligibility of the older brother or sister, the attestations provided for in subparagraph 1 or 2, as the case may be, of the first paragraph shall be produced. Where applicable, the attestation referred to in subparagraph 2 of the first paragraph shall be issued in respect of the studies of the older brother or sister.

O.C. 1758-93, s. 9.

10. If it is impossible to produce the attestation referred to in the first paragraph of section 4 or in subparagraph 1 of the first paragraph of section 9 concerning the father’s or mother’s elementary studies, a description of the steps undertaken to obtain such attestation, together with a list of the school bodies and schools where the father or mother received instruction in English, shall be produced.

That description shall be accompanied by any supporting documents that may be in the father’s or mother’s possession concerning his or her elementary studies and an affidavit by the father or mother whose studies are invoked, to the effect that he or she received the major part of his or her instruction in English.

O.C. 1758-93, s. 10; I.N. 2016-01-01 (NCCP).

11. The description referred to in section 10 shall be supported by an attestation issued by each school body or school attended by the father or mother, to the effect that the major part of elementary instruction was at that time dispensed in English.

If the description referred to in section 10 indicates that the attestation mentioned in the first paragraph cannot be produced, it shall be supported by proof of the steps undertaken to obtain the attestation, together with an attestation issued by a competent government body naming each school body or shcool attended by the father or mother and indicating that the major part of elementary instruction was at that time dispensed in English.

If the description referred to in section 10 indicates that the attestations referred to in the first and second paragraphs cannot be produced, it shall be supported by proof of the steps undertaken to obtain either of those attestations, together with proof of the father’s or mother’s place of residence at the time of elementary studies and an attestation issued by a competent authority confirming the existence of the school body or school attended at the time of the father’s or mother’s elementary studies and indicating that the major part of elementary instruction was at that time dispensed in English.

O.C. 1758-93, s. 11.

12. Where a father or mother requests that his or her eligibility to receive instruction in English be verified so that his or her child may be declared eligible to receive such instruction in accordance with the second paragraph of section 76 of the Charter, the documents required by sections 3 to 11 shall refer to his or her mother or father or, where applicable, brother or sister.

Such request, where it is made by a father or mother who attended school before 17 April 1982, shall be accompanied by,

(1)  in the case of a request based on paragraph a of section 73 of the Charter, as it read before that date, the documents mentioned in the first paragraph of section 4 or, where applicable, in section 6;

(2)  in the case of a request based on paragraph b of that section 73, the documents mentioned in section 4 or, where applicable, in section 6;

(3)  in the case of a request based on paragraph c of that section 73, the documents mentioned in section 7; or

(4)  in the case of a request based on paragraph d of that section 73, the documents mentioned in section 8.

A request made in accordance with this section shall also be accompanied by a birth certificate of the father or mother stating the names of his or her father and mother, or failing such birth certificate, an official document issued by a competent authority and establishing the date of birth, sex and filiation of the child.

O.C. 1758-93, s. 12.

13. A school body receiving a request for eligibility shall transmit it within a reasonable time, together with the required documents, to a person that the Minister of Education, Recreation and Sports has empowered to verify and decide on children’s eligibility for instruction in English under section 75 of the Charter.

O.C. 1758-93, s. 13.

14. Where a request for eligibility is incomplete because the required information or documents have not been provided, the designated person shall notify in writing the parent who made the request of the missing information or documents and the deadline by which they are to be provided. A copy of such notice shall be forwarded to the school body.

If the required information or documents are not provided within 90 days of the mailing date of the notice, the designated person shall make a decision on the basis of the incomplete request forwarded to him.

O.C. 1758-93, s. 14.

15. The designated person shall communicate in writing to the parent who submitted the request his decision regarding the child’s eligibility to receive instruction in English. Where the child is declared eligible, the designated person shall issue a certificate of eligibility.

The designated person shall inform the school body of his decision in writing.

O.C. 1758-93, s. 15.

16. (Omitted).

O.C. 1758-93, s. 16.

17. (Omitted).

O.C. 1758-93, s. 17.

REFERENCES

O.C. 1758-93, 1993 G.O. 2, 6921