I-13.3, r. 7.1 - Regulation respecting the complaint examination procedure established by a school service centre

Updated to 15 June 2020

This document has official status.

chapter I-13.3, r. 7.1

Regulation respecting the complaint examination procedure established by a school service centre

Education Act

(chapter I-13.3, s. 457.3).

On 10 August 2020, the Superior Court ordered a stay of the application of the Act to amend mainly the Education Act with regard to school organization and governance (S.Q. 2020, c. 1) to English language school boards until a judgment is rendered on the merits of the application for judicical review challenging the validity of certain provisions of the Act.

See also the Regulation respecting the postponement of the designation and taking office of members of school service centres’ boards of directors and the coming into force of certain provisions, O.C. 522-2020, 2020 G.O. 2, 1391A.

M.O. 2009-01; S.Q. 2020, c. 1, s. 312.

DIVISION I COMPLAINT EXAMINATION PROCEDURE

1. The complaint examination procedure established by a school service centre pursuant to section 220.2 of the Education Act (chapter I-13.3) must make provision for

(1)  the manner in which a complaint is to be made, either orally or in writing;

(2)  the complaint processing procedure;

(3)  the complainant’s right to be accompanied by the person of his or her choice, at any stage of the complaint examination procedure;

(4)  the opportunity, for interested parties, to submit their observations;

(5)  the means by which the complainant will be informed of the outcome of the complaint examination, the deadline for so informing the complainant and the applicable measures to ensure the follow-up on any correctives measures that will be proposed;

(6)  the sending of a notice to the complainant stating the complainant’s right, if dissatisfied with the complaint examination or examination outcome, to apply to the Student Ombudsman and informing the complainant of the documents or information allowing rapid access to the services of the Student Ombudsman;

(7)  the obligation for the council of commissioners to inform the complainant of the action it intends to take in respect of any recommendation of the Student Ombudsman.

The complaint examination procedure established by a school service centre may not result in limiting the complaints that may be made by students or their parents.

M.O. 2009-01, s. 1.

2. A school service centre must inform its students and their parents of the complaint examination procedure at the beginning of each school year.

The complaint examination procedure and the contact information of the Student Ombudsman must be broadcast on the website of the school service centre.

M.O. 2009-01, s. 2.

3. A school service centre must ensure that a complainant who so requires receives assistance in making the complaint or in any step related to the complaint.

M.O. 2009-01, s. 3.

4. A school service centre must take the necessary measures to ensure the confidentiality of a complainant and to prevent any form of retaliation against him or her.

M.O. 2009-01, s. 4.

5. A school service centre must give an account of the application of the complaint examination procedure in its annual report.

M.O. 2009-01, s. 5.

DIVISION II STUDENT OMBUDSMAN

6. The Student Ombudsman must be designated by the council of commissioners for a term that may not be less than 3 years.

The Student Ombudsman’s term may be revoked only by a vote of not less than two-thirds of the commissioners entitled to vote. The Ombudsman remains in office until re-appointment or replacement.

The Student Ombudsman must be under the responsibility of the council of commissioners.

M.O. 2009-01, s. 6.

7. The council of commissioners must take appropriate measures to preserve the independence of the Student Ombudsman at all times.

To that end, the school service centre must take up the defence of the Student Ombudsman if the Student Ombudsman issued by a third person for an act that the Student Ombudsman performed or failed to perform in the performance of duties, except in the case of a gross fault.

M.O. 2009-01, s. 7.

8. The Student Ombudsman intervenes after the complainant has exhausted the other remedies provided for in the complaint examination procedure.

Despite the foregoing, the Student Ombudsman may take up a complaint at any stage of the complaint examination procedure if the Student Ombudsman considers that intervention is necessary to prevent harm from being caused to the complainant.

M.O. 2009-01, s. 8.

9. The Student Ombudsman may require the cooperation of any staff member of the school service centre whose expertise is considered necessary by the Student Ombudsman and may, with the authorization of the council of commissioners, call on an outside expert.

M.O. 2009-01, s. 9.

10. The Student Ombudsman may, upon summary examination, dismiss a complaint if, in the Student Ombudsman’s opinion, it is frivolous, vexatious or made in bad faith.

The Student Ombudsman may also refuse or cease to examine a complaint if the Student Ombudsman has reasonable cause to believe that intervening would clearly serve no purpose or the length of time having elapsed between the events that gave rise to the dissatisfaction of the user and the filing of the complaint makes it impossible to examine the complaint.

M.O. 2009-01, s. 10.

11. (Omitted).

M.O. 2009-01, s. 11.

REFERENCES

M.O. 2009-01, 2010 G.O. 2, 47

S.Q. 2020, c. 1, s. 312