E-9.1, r. 4 - Regulation respecting private educational institutions at the college level

Updated to 23 June 2022

This document has official status.

chapter E-9.1, r. 4

Regulation respecting private educational institutions at the college level

Act respecting private education

(chapter E-9.1, s. 112).

This Regulation is deemed to have been made by the Minister of Higher Education, Research, Science and Technology. (S.Q. 2013, c. 28, s. 210)

CHAPTER I INTRODUCTORY

1. The word “institution”, used in this Regulation to refer to the subject of rights or obligations, means the person operating the institution to which the provision concerned applies.

M.O. 93-09-01, s. 1.

2. In the case of a body not endowed with legal personality, the provisions of this Regulation shall apply as if the body were endowed with legal personality; the obligation to comply with those provisions lies with the persons responsible for the administration of the body.

In the case of a contractual partnership within the meaning of the Civil Code, the obligation lies with both the partnership and the partners.

M.O. 93-09-01, s. 2.

CHAPTER II STANDARDS RELATING TO DISTANCE EDUCATION

2.1. An institution wishing to obtain authorization to dispense, as online distance education, the educational services mentioned in its permit shall

(1)  provide a complete list of persons called upon to provide support or help to the student in his learning activities;

(2)  for each person referred to in subparagraph 1,

(a)  provide a curriculum vitæ setting out, in particular, any training or work experience related to online distance education; and

(b)  indicate any training related to online distance education that the institution intends to provide or require, as applicable; and

(3)  describe the technological or other means that make it possible to disseminate courses, access instructional material, perform evaluations and have the student interact with the persons called upon to provide support or help to him.

In this Regulation, “online distance education” means education dispensed in whole or in part by technological means that enable the student and the persons called upon to provide support or help to him to see and hear each other simultaneously.

M.O. 2022-01-26, s. 1.

3. An institution wishing to obtain authorization to dispense, as non-online distance education, the educational services mentioned in its permit shall

(1)  provide a complete list of persons called upon to provide support or help to the student in his learning activities and a curriculum vitae for each of those persons;

(1.1)  describe the type of distance education provided for;

(2)  provide a description of its correction service for assignments and examinations completed by the students;

(3)  submit its instructional material for approval by the Minister; and

(4)  file, where applicable, a copy of the contract of affiliation entered into with the Centre collégial de formation à distance.

M.O. 93-09-01, s. 3; M.O. 2022-01-26, s. 2.

4. The authorization shall specify the program of studies or the courses in a program of studies which the institution is authorized to dispense as distance education.

The authorization shall also specify whether it applies to online distance education or non-online distance education.

M.O. 93-09-01, s. 4; M.O. 2022-01-26, s. 3.

5. An institution shall be in a position to provide the student with the instructional material required to pursue his studies and the manuals or textbooks required to help the student in his assignments.

M.O. 93-09-01, s. 5.

6. An institution shall, not later than 15 days following the receipt of assignments or examinations sent by a student enrolled in distance education services, notify the student of the results of the evaluation of the assignments or examinations carried out by the institution.

M.O. 93-09-01, s. 6.

CHAPTER III FORM AND TENOR OF STUDENT RECORDS AND THE REGISTER OF ENROLLMENT AN INSTITUTION MUST KEEP

7. An institution shall keep a record for each student containing at least the following documents:

(1)  the student’s application for admission and any related documents, and a copy of the document issued by the institution confirming the student’s admission, if applicable;

(1.1)  the student’s application for enrollment and a copy of the document issued by the institution confirming the student’s enrollment;

(2)  his birth certificate and, in the case of a student who is not a Canadian citizen or a permanent resident within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27), his certificate of citizenship;

(3)  proof of school attendance on the dates set in the budgetary rules established under section 84 of the Act respecting private education (chapter E-9.1), where applicable;

(4)  a copy of the student’s grades for each session during which the student is enrolled in a course in a program of studies to which the student was admitted;

(5)  a copy of the diploma or attestation awarded by the institution under the College Education Regulations (chapter C-29, r. 4);

(6)  proof of permanent residence, in the case of a student who is a permanent resident within the meaning of the Immigration and Refugee Protection Act;

(7)  the educational service contract entered into by the institution and the client;

(8)  proof of payment of the price fixed in the educational service contract in accordance with section 66 of the Act respecting private education, including any additional financial contribution provided for by the Act, as well as proof of payment of the charge referred to in section 67 of the Act, if applicable;

(9)  if applicable, proof of cancellation of the educational service contract and of return of the amounts to which the client is entitled under sections 72 and 73 of the Act respecting private education.

In the case of an institution dispensing educational services fully or partly accredited for purposes of subsidies under section 78 of the Act respecting private education, the record of a student who is not a Canadian citizen or a permanent resident must also contain one of the following documents, as applicable:

(1)  a copy of the Québec certificate of acceptance issued under section 3 of the Québec Immigration Regulation (chapter I-0.2.1, r. 3);

(2)  a copy of the study permit referred to in the Immigration and Refugee Protection Act;

(3)  proof of exemption from the obligation to hold the certificate or permit referred to in subparagraph 1 or 2 under a law applicable in Québec.

M.O. 93-09-01, s. 7; M.O. 98-10-13, s. 1; M.O. 2022-001, s. 1.

8. An institution shall keep a register of student enrollment and shall enter in the register, for each student,

(1)  his name;

(2)  his address at his residence;

(3)  his date of birth; and

(4)  the name of the holder of parental authority, in the case of a student who is a minor.

M.O. 93-09-01, s. 8.

CHAPTER IV ACCREDITATION FOR PURPOSES OF SUBSIDIES

9. Any application for accreditation for purposes of subsidies or any application for modification of an accreditation shall be submitted to the Minister not later than 1 September preceding the school year referred to in the application.

The application shall contain the information and the documents set out in the Schedule.

M.O. 93-09-01, s. 9.

CHAPTER V RULES FOR DETERMINING THE FINANCIAL CONTRIBUTION REFERRED TO IN SECTION 93 OF THE ACT

10. The maximum amount of the financial contribution which may be required of a student for educational services, including admission or enrollment fees and other services of a similar nature, as prescribed in the first paragraph of section 93 of the Act respecting private education (chapter E-9.1), shall be equal to the base amount allocated for that student.

M.O. 93-09-01, s. 10; M.O. 98-10-13, s. 1.

CHAPTER VI

(Revoked)

M.O. 93-09-01, c. VI; M.O. 98-10-13, s. 2.

11. (Revoked).

M.O. 93-09-01, s. 11; M.O. 98-10-13, s. 2.

12. (Revoked).

M.O. 93-09-01, s. 12; M.O. 98-10-13, s. 2.

13. (Revoked).

M.O. 93-09-01, s. 13; M.O. 98-10-13, s. 2.

14. (Revoked).

M.O. 93-09-01, s. 14; M.O. 98-10-13, s. 2.

CHAPTER VII RULES FOR DETERMINING THE CHARGE REFERRED TO IN SECTION 67 AND THE ADMISSION OR ENROLLMENT FEES REFERRED TO IN SECTION 70

15. The maximum amount of the charge to determine admissibility to a program of college studies referred to in section 67 of the Act respecting private education (chapter E-9.1) shall be $50.

M.O. 93-09-01, s. 15.

16. The maximum amount of the admission or enrollment fees referred to in section 70 of the Act respecting private education (chapter E-9.1) shall be the lesser of the following amounts: $200 and an amount representing at most 1/10 of the total cost of the educational service contract.

M.O. 93-09-01, s. 16.

CHAPTER VIII RULES FOR DETERMINING THE COMPENSATION REFERRED TO IN SECTION 72 AND THE PENALTY REFERRED TO IN SECTION 73

17. The maximum amount referred to in sections 72 and 73 of the Act respecting private education (chapter E-9.1) to determine the compensation or penalty referred to in those sections shall be $500 if the student is a Canadian citizen or permanent resident within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27), or $1,500 if such is not the case.

M.O. 93-09-01, s. 17; M.O. 98-10-13, s. 3.

CHAPTER IX FINAL

18. (Omitted).

M.O. 93-09-01, s. 18.

19. (Omitted).

M.O. 93-09-01, s. 19.

SCHEDULE

(s. 9)

INFORMATION AND DOCUMENTS TO BE FURNISHED IN ORDER TO OBTAIN OR MODIFY AN ACCREDITATION FOR PURPOSES OF SUBSIDIES

(An Act respecting private education, c. E-9.1, s. 80)

1. APPLICANT’S IDENTITY

1.1 Applicant’s name, address and telephone number

— attach a resolution of the board of directors (in the case of a legal person) or a declaration of the highest authority of the institution certifying the information provided and authorizing the filing of the application

2. PURPOSE OF THE APPLICATION

All or some of the educational services or categories of educational services, titles and numbers of programs for which the institution is applying for accreditation.

3. BASIS FOR THE APPLICATION

The applicant states the reasons for the application in terms of the elements listed in section 78 of the Act and any other element considered useful in presenting the application.

The applicant describes the impact such accreditation would have on the various aspects of the organization and development of the institution.

4. STUDENT ENROLLMENT ESTIMATES

4.1 Number of students in each program or educational service, distinguishing, where applicable, the full-time from the part-time students

4.2 Estimates as to an increase or status quo in student enrollment for the first 3 years of activities or for each year of the implementation process if completion of the project is spread over more than a year; support such estimates with relevant data

5. FINANCIAL RESOURCES

5.1 Budget estimates of the institution presented by fund and by category of revenue and expenditures

Attach to the budget estimates any document demonstrating that the institution will have access to other sufficient financial resources.

5.2 Specify all charges and fees that will be required of the students.

M.O. 93-09-01, Sch.

REFERENCES

M.O. 93-09-01, 1993 G.O. 2, 5842

M.O. 98-03-27, 1998 G.O. 2, 1535

M.O. 98-10-13, 1998 G.O. 2, 4311

M.O. 2022-01-26, 2022 G.O. 2, 415

M.O. 2022-001, 2022 G.O. 2, 1646