C-62.1 - Act respecting the Conservatoire de musique et d’art dramatique du Québec

Updated to 1 December 2007

This document has official status.

chapter C-62.1

Act respecting the Conservatoire de musique et d’art dramatique du Québec

CHAPTER I ESTABLISHMENT AND ORGANIZATION

1. A Conservatoire is hereby established under the name of “Conservatoire de musique et d’art dramatique du Québec”.

1994, c. 2, s. 1.

2. The Conservatoire is a legal person.

1994, c. 2, s. 2.

3. The Conservatoire has its head office in the territory of Ville de Québec. A notice of the location and of any relocation of the head office shall be published in the Gazette officielle du Québec.

1994, c. 2, s. 3; 2000, c. 56, s. 220.

4. The affairs of the Conservatoire are administered by a board of directors composed, as and when they are appointed or elected, of the following members:

(1)  eight persons from various regions of Québec, including the chairman of the board of directors, appointed by the Minister of Culture and Communications following consultation with bodies considered by the Minister to be representative of the fields of music and dramatic art; two of such persons must be former students, one in music and the other in dramatic art, of the Conservatoire or of the Conservatoire de musique et d’art dramatique de la province de Québec established by the Act respecting the Conservatoire de musique et d’art dramatique (chapter C‐62);

(2)  two persons appointed by the Minister of Education, Recreation and Sports following consultation with bodies considered to be representative of the fields of college and university-level education;

(3)  one person appointed by the Minister of Education, Recreation and Sports following consultation with bodies considered to be representative of the fields of elementary and secondary education;

(4)  (subparagraph repealed);

(5)  two principals of institutions of the Conservatoire which provide instruction in music, elected by a majority vote of their peers, in accordance with the by-laws of the Conservatoire;

(6)  one principal of an institution of the Conservatoire which provides instruction in dramatic art, elected by a majority vote of his peers, in accordance with the by-laws of the Conservatoire;

(7)  two teachers of institutions of the Conservatoire which provide instruction in music and one teacher from an institution of the Conservatoire which provides instruction in dramatic art, elected respectively by a majority vote of their peers, in accordance with the by-laws of the Conservatoire;

(8)  one member of the staff of the Conservatoire belonging to none of the categories mentioned in subparagraphs 5, 6 and 7, elected by a majority vote of his peers, in accordance with the by-laws of the Conservatoire;

(9)  two full-time students at the Conservatoire, one studying music and one studying dramatic art, appointed in accordance with section 32 of the Act respecting the accreditation and financing of students’ associations (chapter A‐3.01) or, where that provision cannot be applied, elected by a majority vote of their peers, in accordance with the by-laws of the Conservatoire.

The director general of the Conservatoire is a member of the board.

The elections referred to in subparagraphs 5 to 9 of the first paragraph shall be held and presided over by the person designated by the board members in office.

1994, c. 2, s. 4; 2005, c. 28, s. 195; 2006, c. 26, s. 1.

5. The terms of office of the members of the board of directors referred to in subparagraphs 1 to 3 of the first paragraph of section 4 shall not exceed three years, the terms of the members referred to in subparagraphs 5 to 8 of that paragraph shall not exceed two years, and the terms of the members referred to in subparagraph 9 of that paragraph shall be of one year.

The terms of office of the members referred to in subparagraphs 1 to 3 and subparagraph 9 of the first paragraph of section 4 may not be renewed more than once. The terms of office of the members referred to in subparagraphs 5 to 8 of that paragraph may be renewed twice.

Any vacancy in a position held by a student occurring during his term of office shall be filled for the unexpired portion of the term.

1994, c. 2, s. 5.

6. At the end of their terms of office, the members of the board of directors remain in office until they are replaced, reappointed or re-elected.

1994, c. 2, s. 6.

7. The members of the board of directors receive no remuneration. They are, however, entitled, on the presentation of vouchers, to the reimbursement of reasonable expenses incurred in the performance of their duties, on the conditions and to the extent prescribed by by-law of the Conservatoire.

1994, c. 2, s. 7.

8. The chairman shall preside over the meetings of the board of directors, supervise its operations and assume all other duties assigned to him by by-law of the Conservatoire.

1994, c. 2, s. 8.

9. The members of the board of directors shall designate a vice-chairman from among their number.

When the chairman is absent or unable to act, the vice-chairman shall act as chairman of the board of directors.

1994, c. 2, s. 9.

10. A majority of the board members constitutes a quorum at meetings of the board.

In the case of a tie-vote, the chairman has a casting vote.

The board may hold its meetings at any place in Québec.

1994, c. 2, s. 10.

11. Upon a written request of a majority of the members of the board in office, the chairman shall call a special meeting of the board.

1994, c. 2, s. 11.

12. Every member of the board, except the director general, who has a direct or indirect interest in an enterprise that places his personal interest in conflict with that of the Conservatoire must, on pain of forfeiture of office, disclose his interest in writing to the chairman, abstain from voting on any matter concerning the enterprise and avoid influencing the decision relating to it. The member must, in addition, withdraw from the meeting while the matter is discussed or voted on.

Furthermore, every member of the board who is a member of the staff of the Conservatoire must, on pain of forfeiture of office, abstain from voting on any matter concerning his employment status, remuneration, fringe benefits and other conditions of employment, or those of the category of employees to which he belongs. In addition, the member must, after having been given an opportunity to present his views, withdraw from the meeting while the matter is discussed or voted on.

The second paragraph applies in the same manner to every member of the board who is a member of the staff, except the director general and the principal of an educational institution of the Conservatoire, with respect to any matter concerning the remuneration, fringe benefits and other conditions of employment of other categories of employees.

Despite the second paragraph, the director general may vote on any matter concerning the employment status, remuneration, fringe benefits or other conditions of employment of the academic director.

1994, c. 2, s. 12; 2006, c. 26, s. 2.

13. The Conservatoire may, by by-law, establish rules for its internal management.

It may, in particular, provide for the establishment of an executive committee and determine its duties and powers; the committee must be composed of the director general, of members of the board of directors chosen in the majority from among the members appointed under subparagraph 1 of the first paragraph of section 4, of one member chosen from among the members elected under subparagraphs 5 and 6 of that paragraph and of at least one member chosen from among the members appointed or elected under subparagraphs 7 to 9 of that paragraph.

1994, c. 2, s. 13; 2006, c. 26, s. 3.

14. The Conservatoire shall appoint a director general and, after obtaining the advice of the academic commissions, it shall appoint an academic director. The advice of the commissions is not, however, required for the appointment of the first academic director.

Their terms of office shall not exceed five years, and may not be renewed more than once.

They shall discharge their duties on a full-time basis.

1994, c. 2, s. 14.

15. The director general is responsible for the management of the Conservatoire within the scope of its by-laws and policies.

Under the authority of the director general, the academic director shall deal with matters of an academic nature.

The academic director shall take part in the meetings of the board of directors and the executive committee of the Conservatoire, but is not entitled to vote.

1994, c. 2, s. 15; 2006, c. 26, s. 4.

16. In no case may the director general or the academic director, on pain of forfeiture of office, have a direct or indirect interest in an enterprise that places his personal interest in conflict with that of the Conservatoire. However, forfeiture is not incurred where such an interest devolves to him by succession or gift, provided that he renounces or disposes of it with dispatch.

1994, c. 2, s. 16.

17. No act, document or writing shall be binding upon the Conservatoire unless it is signed by the chairman, the director general or a staff member of the Conservatoire, and, where signed by a staff member, it shall be binding only to the extent determined by by-law of the Conservatoire.

The Conservatoire may, on the conditions and with respect to the documents it determines, allow a required signature to be affixed by means of an automatic device, or allow a facsimile of a signature to be engraved, lithographed or printed. However, the facsimile has the same value as the signature itself only if the document is countersigned by a person authorized by the chairman or the director general.

1994, c. 2, s. 17.

18. The minutes of the meetings of the board of directors, approved by the board and certified by the chairman or by any other person authorized to do so by the Conservatoire, are authentic. The same rule applies in respect of documents or copies emanating from the Conservatoire or forming part of its records when signed or certified as true copies by one of those persons.

1994, c. 2, s. 18.

19. The objects of the Conservatoire are to administer and operate, in various regions of Québec, institutions providing instruction in music and institutions providing instruction in dramatic art for the professional training and continuing education of performing artists and creative artists.

A further object of the institutions providing instruction in music is to foster and encourage, in their communities, initial training of high standard in the field of music, as well as the presence and vitality of bodies essential to the music world.

In the pursuit of its objects, the Conservatoire shall take account of the specific characteristics of each educational institution.

1994, c. 2, s. 19.

20. The Conservatoire shall establish, by by-law, education regulations applicable to instruction in music, and education regulations applicable to instruction in dramatic art. These regulations shall pertain, subject to section 21, to the general organizational framework of the educational services, in particular as regards the admission and registration of students, regular attendance by students, programs of studies, the evaluation of learning achievement and the certification of studies.

1994, c. 2, s. 20.

21. The College Education Regulations, established under section 18 of the General and Vocational Colleges Act (chapter C‐29), shall apply to the college-level instruction that, with the authorization of the Minister of Education, Recreation and Sports, may be dispensed by the Conservatoire, any reference therein to colleges being read as a reference to the Conservatoire.

Diplomas or other attestations relating to programs of college studies shall be awarded pursuant to the College Education Regulations.

1994, c. 2, s. 21; 2005, c. 28, s. 195.

22. The Conservatoire may award the degrees, diplomas, certificates or other attestations of university studies to which a program of studies established and implemented by the Conservatoire with the authorization of the Minister of Education, Recreation and Sports leads.

1994, c. 2, s. 22; 2005, c. 28, s. 195.

23. The Conservatoire may, by by-law,

(1)  prescribe the payment of admission or registration fees for the educational services offered by the Conservatoire, and of tuition fees for such services;

(2)  fix the terms and conditions of payment of the fees referred to in subparagraph 1 and determine the sanctions and penalties which apply, or may apply, in case of failure to pay or late payment;

(3)  determine the cases where withdrawal from a course gives entitlement to a refund of all or part of the tuition fees.

Such fees may vary according to the class of students or program of studies involved, or apply only to certain classes of students or programs of studies.

The requirement to pay tuition fees and the amount of such fees are governed by the by-laws in force on the date of the registration of the student by the Conservatoire.

1994, c. 2, s. 23.

24. The Conservatoire may, by by-law, establish rules of conduct and discipline applicable to its students, including the related sanctions.

1994, c. 2, s. 24.

25. In order to achieve its objects, the Conservatoire may, in particular,

(1)  adopt the programs of studies of the Conservatoire;

(2)  award degrees, diplomas, certificates or other attestations of studies relating to the programs of studies, including the “Prix du Conservatoire”;

(3)  enter into service agreements, with or without consideration, with any person or body;

(4)  create competitions for the awarding of prizes, and set the conditions related thereto;

(5)  enter, according to law, into agreements with governments other than the Gouvernement du Québec, with a department or body of such a government or with an international organization or with a body of such an organization;

(6)  form juries responsible for evaluating candidates for the “Prix du Conservatoire” and candidates participating in any other competition or examination, and determine their operating rules;

(7)  form advisory committees, in addition to the advisory bodies provided for in Chapter III, to facilitate the carrying out of this Act, and determine the duties, powers and operating rules of such committees;

(8)  solicit and receive gifts, legacies, subsidies and other contributions provided that the conditions that are attached thereto are compatible with the objects of the Conservatoire.

1994, c. 2, s. 25.

26. The Conservatoire may, in addition, enter into any agreement of association or affiliation, with or without consideration, with a body dispensing training in the scenic arts field or the audiovisual field.

1994, c. 2, s. 26.

27. The Conservatoire shall not acquire, build, enlarge, convert, hypothecate or alienate an immovable, except with the authorization of the Government.

1994, c. 2, s. 27.

28. The members of the staff of the Conservatoire shall be appointed according to the staffing plan established by the Conservatoire.

1994, c. 2, s. 28; 2000, c. 8, s. 116.

29. Subject to the provisions of a collective agreement, the Conservatoire shall determine, by by-law, the standards and scales of remuneration, employee benefits and other conditions of employment of the members of its staff in accordance with the conditions defined by the Government.

1994, c. 2, s. 29; 2000, c. 8, s. 117.

30. (Repealed).

1994, c. 2, s. 30; 2000, c. 8, s. 118.

31. A music studies commission called the Commission des études musicales, and a dramatic art commission called the Commission des études en art dramatique are hereby established at the Conservatoire.

1994, c. 2, s. 31.

32. The music studies commission shall be composed of the following members:

(1)  the academic director of the Conservatoire;

(2)  the principal of an institution of the Conservatoire which provides instruction in music, appointed by the Conservatoire;

(3)  one teacher from each of the institutions of the Conservatoire which provide instruction in music, elected by a majority vote of their peers, in accordance with the by-laws of the Conservatoire;

(4)  two students studying music on a full-time basis at the Conservatoire, appointed in accordance with section 32 of the Act respecting the accreditation and financing of students’ associations (chapter A-3.01) or, where that provision cannot be applied, elected by a majority vote of their peers, in accordance with the by-laws of the Conservatoire;

(5)  a former music student of the Conservatoire or of the Conservatoire de musique et d’art dramatique de la province de Québec, established by the Act respecting the Conservatoire de musique et d’art dramatique (chapter C-62), appointed by the Conservatoire;

(6)  one person appointed by the other members of the commission in office.

The representatives of the students must be from different institutions.

1994, c. 2, s. 32; 2006, c. 26, s. 5.

33. The dramatic art commission shall be composed of the following members:

(1)  the academic director of the Conservatoire;

(2)  two principals of institutions of the Conservatoire which provide instruction in dramatic art, appointed by the Conservatoire;

(3)  four teachers from institutions of the Conservatoire which provide instruction in dramatic art, including two from the Montréal institution and two from the Québec institution, elected, respectively, by a majority vote of their peers, in accordance with the by-laws of the Conservatoire;

(4)  two students studying dramatic art on a full-time basis at the Conservatoire, one in Montréal and the other in the city of Québec, appointed in accordance with section 32 of the Act respecting the accreditation and financing of students’ associations (chapter A-3.01) or, where that provision cannot be applied, elected by a majority vote of their peers, in accordance with the by-laws of the Conservatoire;

(5)  a former dramatic art student of the Conservatoire or of the Conservatoire de musique et d’art dramatique de la province de Québec, established by the Act respecting the Conservatoire de musique et d’art dramatique (chapter C-62), appointed by the Conservatoire;

(6)  one person appointed by the other members of the commission in office.

1994, c. 2, s. 33.

34. The members of each academic commission shall designate a chairman from among their number.

1994, c. 2, s. 34.

35. The members of an academic commission shall be appointed or elected for the period determined by by-law of the Conservatoire.

The operating rules of a commission shall also be determined by by-law of the Conservatoire.

1994, c. 2, s. 35.

36. The members of a commission receive no remuneration. They are, however, entitled, on the presentation of vouchers, to be reimbursed for the reasonable expenses incurred in the performance of their duties, on the conditions and to the extent prescribed by by-law of the Conservatoire.

1994, c. 2, s. 36.

37. The principal of an educational institution may cause the person in charge of academic affairs at the institution to represent him, with the full exercise of his powers, on one of the academic commissions.

1994, c. 2, s. 37.

38. The function of the academic commissions, in their respective fields, is to advise the Conservatoire on any question concerning the education regulations, the programs of studies dispensed by the Conservatoire and the evaluation of learning achievement, including the procedures for the certification of studies.

The commissions may also, regarding such matters, make recommendations to the Conservatoire.

1994, c. 2, s. 38.

39. The academic commissions must advise the Conservatoire on any question submitted by the Conservatoire in matters within their competence.

The following must be submitted to the competent commission before being discussed by the board of directors:

(1)  the draft by-laws relating to the education regulations;

(2)  the proposed programs of studies of the Conservatoire;

(3)  the proposals concerning the “Prix du Conservatoire”, and the competitions of the Conservatoire.

1994, c. 2, s. 39.

DIVISION II ORIENTATION COMMITTEES

40. An orientation committee is hereby established in each educational institution of the Conservatoire.

1994, c. 2, s. 40.

41. The orientation committee of an institution providing instruction in music shall include at least the following members:

(1)  three teachers at the institution, elected by a majority vote of their peers, in accordance with the by-laws of the Conservatoire and, where applicable, the person in charge of academic affairs at the institution;

(2)  one member of the non-teaching staff of the institution, elected by a majority vote of his peers, in accordance with the by-laws of the Conservatoire;

(3)  one full-time student attending the institution, appointed in accordance with section 32 of the Act respecting the accreditation and financing of students’ associations (chapter A-3.01) or, where that provision cannot be applied, elected by a majority vote of his peers, in accordance with the by-laws of the Conservatoire;

(4)  one parent of a student attending the institution who is not a member of the teaching staff of the institution, elected by a majority vote of his peers, in accordance with the by-laws of the Conservatoire;

(5)  one person appointed by the other members of the orientation committee in office, following consultation with bodies involved in the field of music;

(6)  (subparagraph repealed);

(7)  one or two persons appointed by the other members of the orientation committee in office, following consultation with school boards, general and vocational colleges, university-level institutions and private institutions accredited for purposes of subsidies.

The members of the orientation committee in office may appoint additional members.

1994, c. 2, s. 41; 2006, c. 26, s. 6.

42. The orientation committee of an institution providing instruction in dramatic art shall include at least the following members:

(1)  two teachers of the institution, elected by a majority vote of their peers, in accordance with the by-laws of the Conservatoire;

(2)  one member of the non-teaching staff of the institution, elected by a majority vote of his peers, in accordance with the by-laws of the Conservatoire;

(3)  one full-time student attending the institution, appointed in accordance with section 32 of the Act respecting the accreditation and financing of students’ associations (chapter A-3.01) or, where that provision cannot be applied, elected by a majority vote of his peers, in accordance with the by-laws of the Conservatoire;

(4)  two persons appointed by the other members of the orientation committee in office, following consultation with bodies the Conservatoire considers representative of the dramatic art field;

(5)  one person appointed by the other members in office of the orientation committee of the institution, following consultation with general and vocational colleges and university-level institutions.

The members of the orientation committee in office may appoint additional members.

1994, c. 2, s. 42.

43. The members of an orientation committee shall be appointed or elected for the period determined by by-law of the Conservatoire.

The operating rules of an orientation committee shall also be determined by by-law of the Conservatoire.

1994, c. 2, s. 43.

44. The members of an orientation committee must designate a chairman from among their number.

However, no member of the staff of an institution of the Conservatoire may be the chairman of an orientation committee.

1994, c. 2, s. 44.

45. The members of an orientation committee receive no remuneration. They are, however, entitled, on the presentation of vouchers, to be reimbursed for the reasonable expenses incurred in the performance of their duties, on the conditions and to the extent prescribed by by-law of the Conservatoire.

1994, c. 2, s. 45.

46. The principal of an institution shall take part in meetings of the orientation committee but is not entitled to vote.

1994, c. 2, s. 46.

47. The orientation committee of each institution shall meet at least twice each year.

1994, c. 2, s. 47.

48. The orientation committee may meet on the premises of the educational institution.

It may also use the institution’s administrative support services and equipment, in accordance with the terms and conditions established by the principal of the institution following consultation with the orientation committee.

1994, c. 2, s. 48.

49. The orientation committee shall advise the Conservatoire on any question submitted by the Conservatoire concerning the orientation of the institution, taking into account, in particular, the needs of a region as regards music and dramatic art, and labour market prospects for holders of diplomas.

The orientation committee shall also advise the Conservatoire on any matter likely to improve the organization of services provided by the institution.

1994, c. 2, s. 49.

50. The orientation committee must be consulted by the Conservatoire concerning

(1)  the appointment of the principal of the institution;

(2)  the conditions governing the implementation of the education regulations at the institution;

(3)  the conditions governing the organization of instruction in the institution;

(4)  the draft by-laws concerning the conduct and discipline of students;

(5)  the budget allotted to the institution.

The orientation committee of an institution providing instruction in music must advise the Conservatoire on the objectives to be achieved in initial training in the field of music, and on the presence and vitality of bodies essential to the music world.

1994, c. 2, s. 50.

51. The orientation committee shall, in addition, perform the duties and exercise the powers that may be delegated to it, by by-law, by the Conservatoire.

The delegation is valid for one year. It shall be extended from one year to the next unless otherwise decided in accordance with the first paragraph.

1994, c. 2, s. 51.

CHAPTER IV FINANCIAL PROVISIONS

52. The fiscal year of the Conservatoire shall end on 30 June each year.

1994, c. 2, s. 52.

53. Each year, the Conservatoire submits its budgetary estimates for the following fiscal year to the Minister, for approval, in accordance with the form and content and the schedule determined by the Minister.

1994, c. 2, s. 53; 2006, c. 26, s. 7.

54. The fees and charges prescribed by the Conservatoire, as well as any other amount it receives, are part of its revenues and must be allocated to the payment of its obligations. The Conservatoire retains any surpluses, unless the Government decides otherwise.

1994, c. 2, s. 54; 2006, c. 26, s. 8.

55. (Repealed).

1994, c. 2, s. 55; 2006, c. 26, s. 9.

56. If, on 1 July, the Conservatoire has not adopted its budget, it is authorized to incur, for that month, expenditures equal to one-twelfth of the amount of its expenditures for the preceding school year.

The same applies for each month of the school year if, on the first day of the month, the budget has not been adopted.

1994, c. 2, s. 56.

57. The Conservatoire may not make payments or assume obligations the cost of which exceeds, in the same fiscal year, the amounts at its disposal for the fiscal year in which such payments or obligations are made or assumed.

Nothing in this section shall prevent the Conservatoire from making a commitment for a term of more than one fiscal year.

1994, c. 2, s. 57.

58. The Conservatoire shall forward to the Minister, on the dates and in the form he determines, interim reports on its financial situation.

It must also provide the Minister with any information he requires concerning its activities.

1994, c. 2, s. 58.

59. The financial statements of the Conservatoire, together with the financial reports required by the Minister, shall be forwarded to the latter on or before 1 December each year in the form he determines.

The Conservatoire shall also submit to the Minister, within the same time limit, a report of its activities for the preceding fiscal year.

The Minister shall table the reports and statements before the National Assembly within 30 days of receiving them or, if the National Assembly is not sitting, within 30 days of resumption.

1994, c. 2, s. 59.

60. The books and accounts of the Conservatoire shall be audited each year by the Auditor General and, in addition, each time the Government so orders.

The report of the auditor must be submitted with the report of the activities and the financial statements of the Conservatoire.

1994, c. 2, s. 60.

61. The Conservatoire may use the funds put at its disposal under this Act to make short-term investments

(1)  in securities issued or guaranteed by the Government of Canada, the Gouvernement du Québec or the government of another Canadian province;

(2)  in securities issued by the municipalities of Québec;

(3)  in deposits with a bank or financial institution registered with the Autorité des marchés financiers pursuant to the Deposit Insurance Act (chapter A-26), or in certificates, notes or other short-term securities or instruments issued or guaranteed by a bank or any such financial institution.

1994, c. 2, s. 61; 2002, c. 45, s. 292; 2004, c. 37, s. 90.

62. In no case may the Conservatoire, unless authorized by the Government, contract a loan that increases its total outstanding borrowings to more than the amount determined by the Government.

1994, c. 2, s. 62.

63. The Government may, subject to the conditions it determines,

(1)  guarantee payment of the principal and interest on any loan or other obligation of the Conservatoire; and

(2)  authorize the Minister of Finance to advance to the Conservatoire any amount considered necessary to meet its obligations.

The sums required for the purposes of this section are taken out of the Consolidated Revenue Fund.

1994, c. 2, s. 63; 2006, c. 26, s. 10.

64. The Minister may, on the conditions he determines, grant, with the authorization and on behalf of the Government, a subsidy to the Conservatoire to provide, in whole or in part, for the payment in capital and interest of any loan contracted by the Conservatoire.

1994, c. 2, s. 64.

65. The Minister may withhold or cancel all or part of the amount of a subsidy intended for the Conservatoire, other than a subsidy referred to in section 64, if the Conservatoire refuses or neglects to comply with a provision of this Act or a condition to the grant of the subsidy.

1994, c. 2, s. 65.

CHAPTER V SUPERVISORY AND CONTROL MEASURES

66. The Minister of Culture and Communications may direct a person he designates to investigate whether the provisions of this Act are being complied with by the Conservatoire, or to inquire into any matter related to the educational methods, administration or operation of the Conservatoire.

The person so designated shall have, for the purposes of the investigation or inquiry, the immunity and powers of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.

The Minister and Deputy Minister shall possess, by virtue of their office, the authority to make investigations or inquiries.

1994, c. 2, s. 66.

67. The Minister may, after having given the Conservatoire an opportunity to present its views, assume the administration of the Conservatoire in the place and stead of the board of directors for a period of not more than 120 days,

(1)  where the Conservatoire engages in practices or tolerates a situation incompatible with the pursuit of its objects;

(2)  where the Minister considers that there has been a gross fault, such as embezzlement, breach of trust or other misconduct by one or more members of the board of directors;

(3)  where the Conservatoire has been seriously remiss in the performance of its obligations under this Act.

1994, c. 2, s. 67.

68. The period provided for in section 67 may be extended by the Government, provided that none of the extensions exceeds 90 days.

1994, c. 2, s. 68.

69. Where the Minister assumes the provisional administration of the Conservatoire, the powers of the board of directors are suspended and are thereupon exercised by the Minister.

1994, c. 2, s. 69.

70. No person who assumes, under the authority of the Minister, the provisional administration of the Conservatoire may be prosecuted for an official act performed in good faith in the performance of his duties.

1994, c. 2, s. 70.

71. The Minister shall make a report to the Government upon ascertaining that a situation described in section 67 has been corrected or that it will not be possible to correct it before the end of the provisional administration.

1994, c. 2, s. 71.

72. After receiving the report of the Minister, the Government may

(1)  terminate the provisional administration on the date it fixes or extend it; or

(2)  declare the members of the board of directors forfeited of office and order the Minister to see to their replacement in accordance with section 4.

1994, c. 2, s. 72.

CHAPTER VI CONCORDANCE AMENDMENTS

73. (Amendment integrated into c. A-13.3, s. 4).

1994, c. 2, s. 73; 1997, c. 90, s. 14.

74. (Amendment integrated into c. E-9.1, s. 4).

1994, c. 2, s. 74.

75. (Amendment integrated into c. F-2.1, s. 204).

1994, c. 2, s. 75; 2006, c. 26, s. 11.

76. (Repealed).

1994, c. 2, s. 76; 2006, c. 26, s. 12.

77. (Amendment integrated into c. F-2.1, s. 255).

1994, c. 2, s. 77; 2006, c. 26, s. 13.

78. (Amendment integrated into c. P-40.1, s. 188).

1994, c. 2, s. 78.

79. (Amendment integrated into c. R-10, Schedule I).

1994, c. 2, s. 79.

80. (Amendment integrated into c. R-18.1, s. 3).

1994, c. 2, s. 80.

CHAPTER VII TRANSITIONAL AND FINAL PROVISIONS

81. The first board of directors of the new Conservatoire, composed of the members appointed after 15 June 2006 pursuant to subparagraphs 1 to 3 of the first paragraph of section 4, is charged with taking all the preparatory measures necessary for the operation of the new Conservatoire from the date of coming into force of Chapter II, except the measures coming under the responsibility of the Minister of Culture and Communications pursuant to section 82.

The board of directors shall, before that date,

(1)  adopt the by-laws referred to in sections 4, 7, 29, 32, 33, 35, 36, 41, 42, 43 and 45 and in the first paragraph of section 13;

(2)  establish the staffing plan of the Conservatoire;

(3)  establish an assignment plan for the employees who will be transferred to the new Conservatoire under section 89;

(4)  submit to the Minister for approval, in accordance with section 53, the budgetary estimates of the new Conservatoire for its first fiscal year.

The first board of directors may, for such purposes and with the authorization of the Minister, request the assistance of the personnel of the Ministère de la Culture et des Communications or contract a loan.

The board of directors must make public, in the manner it considers most appropriate, the by-laws adopted under section 4.

The by-laws adopted by the first board of directors pursuant to subparagraph 1 of the second paragraph of this section must be adopted again, with or without amendment, at a meeting of the board of directors composed of all members appointed or elected under section 4.

1994, c. 2, s. 81; 2006, c. 26, s. 14.

82. The Minister may, on behalf of the new Conservatoire and before the coming into force of Chapter II, admit and register students and hire teachers and non-teaching staff.

1994, c. 2, s. 82.

82.1. For the first year of operation of the new Conservatoire, the admission, registration and tuition fees, and the terms and conditions of payment and refund, are the same as those determined for the former Conservatoire.

The Minister shall, on behalf of the new Conservatoire, collect the fees payable before the coming into force of Chapter II.

For the subsequent years, the fees and terms and conditions remain applicable unless they are replaced or modified by the new Conservatoire.

2006, c. 26, s. 15.

83. Unless the context indicates otherwise, the new Conservatoire is substituted by operation of law for the former Conservatoire, namely, the Conservatoire established under the Act respecting the Conservatoire de musique et d’art dramatique (chapter C-62), in any regulation, order in council, order, directive, contract or other document in which the former Conservatoire is mentioned.

For that purpose, the term “institution” is substituted for the term “branch”, where necessary.

1994, c. 2, s. 83.

84. The branches of the former Conservatoire, namely, for instruction in dramatic art, those at Montréal and Québec, and for instruction in music, those at Saguenay, Gatineau, Montréal, Québec, Rimouski, Trois-Rivières and Val d’Or, become institutions of the new Conservatoire as if they had been established by the new Conservatoire.

1994, c. 2, s. 84; 2006, c. 26, s. 16.

85. All movable property belonging to the State which, on 30 March 2007, is used for the operation of the former Conservatoire becomes, on the conditions determined by the Government, the movable property of the new Conservatoire.

In every matter pending in respect of the movable property, the new Conservatoire is substituted for the Attorney General, without continuance of suit.

1994, c. 2, s. 85.

86. The basic school regulations and the programs of studies in force at the former Conservatoire become the education regulations and the programs of studies of the new Conservatoire, subject to their being replaced or amended by the new Conservatoire.

1994, c. 2, s. 86.

87. All acts performed for the former Conservatoire are binding on the new Conservatoire as if the latter had performed them.

1994, c. 2, s. 87.

88. The records and other documents of the Ministère de la Culture et des Communications concerning the former Conservatoire become the records and documents of the new Conservatoire, to the extent determined by the Minister.

1994, c. 2, s. 88.

89. The employees of the Direction générale du Conservatoire de musique et d’art dramatique of the Ministère de la Culture et des Communications, and the employees of the branches of the former Conservatoire, in office on 14 June 2006 become employees of the new Conservatoire, subject to the conditions of employment applicable to them and provided that a decision providing for their transfer is made by the Conseil du trésor before 15 June 2007. The same applies to any employee of the Ministère de la Culture et des Communications whose principal or secondary tasks are related to the activities of the new Conservatoire.

Such employees shall hold the positions and perform the duties assigned to them by the new Conservatoire, subject to the provisions of any collective agreement applicable to them.

1994, c. 2, s. 89; 2006, c. 26, s. 17.

90. Every employee transferred to the new Conservatoire under section 89 may apply for a transfer to a position in the public service or enter a competition for promotion to such a position in accordance with the Public Service Act (chapter F-3.1.1) if, on the date on which he was transferred to the new Conservatoire, he was a public servant with permanent tenure in the department.

Section 35 of the Public Service Act applies to any employee who enters such a competition for promotion.

1994, c. 2, s. 90.

91. Where an employee referred to in section 90 applies for a transfer or enters a competition for promotion, he may require the chairman of the Conseil du trésor to give him an assessment of the classification that would be assigned to him in the public service. The assessment must take account of the classification of the employee on the date of the transfer, as well as the years of experience and the formal training acquired in the course of his employment with the new Conservatoire.

Where an employee is transferred pursuant to section 90, the deputy minister or chief executive officer shall assign to him a classification compatible with the assessment provided for in the first paragraph.

Where an employee is promoted pursuant to section 90, his classification must take account of the criteria set out in the first paragraph.

1994, c. 2, s. 91; 1996, c. 35, s. 19.

92. Where some or all of the activities of the new Conservatoire are discontinued or if there is a shortage of work, an employee referred to in section 90 is entitled to be placed on reserve in the public service with the classification he had before he was transferred.

In such a case, the chairman of the Conseil du trésor shall, where applicable, establish his classification taking account of the criteria set out in the first paragraph of section 91.

1994, c. 2, s. 92; 1996, c. 35, s. 19.

93. A person who, in accordance with the applicable conditions of employment, refuses to be transferred to the new Conservatoire is assigned to the new Conservatoire until the chair of the Conseil du trésor is able to place the person in accordance with section 100 of the Public Service Act (chapter F-3.1.1). The same applies to a person placed on reserve under section 92, which person remains in the employ of the new Conservatoire.

1994, c. 2, s. 93; 1996, c. 35, s. 19; 2006, c. 26, s. 18.

94. Subject to the recourses available under a collective agreement, an employee referred to in section 90 who is dismissed may bring an appeal under section 33 of the Public Service Act (chapter F-3.1.1).

1994, c. 2, s. 94.

95. The associations of employees certified in accordance with the provisions of Chapter IV of the Public Service Act (chapter F-3.1.1) that represent groups of employees of the Ministère de la Culture et des Communications on the date on which the employees were transferred in accordance with section 89, continue to represent those employees at the new Conservatoire until the date of expiry of the collective agreements in force at the time of the transfer.

The associations of employees shall also represent the future employees of the new Conservatoire, according to the groups to which they belong, until the collective agreements referred to in the first paragraph expire.

The provisions of the collective agreements continue to apply to the employees of the new Conservatoire so far as they are applicable, until they expire.

However, the provisions of the collective agreements concerning job security do not apply to the employees referred to in the second paragraph.

1994, c. 2, s. 95.

96. This Act replaces the Act respecting the Conservatoire de musique et d’art dramatique (chapter C-62).

Any reference to the latter Act shall be a reference to this Act.

1994, c. 2, s. 96.

97. The appropriations granted for the fiscal year 2006-2007 to the Ministère de la Culture et des Communications are, to the extent and according to the terms and conditions determined by the Government, transferred to the new Conservatoire.

The other sums required for the carrying out of this Act are taken, for the same fiscal year, out of the Consolidated Revenue Fund, to the extent determined by the Government.

1994, c. 2, s. 97.

98. The Minister of Culture and Communications is responsible for the administration of this Act.

1994, c. 2, s. 98.

99. (Omitted).

1994, c. 2, s. 99.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 2 of the statutes of 1994, in force on 1 September 1994, is repealed, except section 99, effective from the coming into force of chapter C-62.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 28 of chapter 2 of the statutes of 1994, in force on 1 March 1996, is repealed effective from the coming into force of the updating to 1 March 1996 of chapter C-62.1 of the Revised Statutes.