e-9.1 - Act respecting private education

Updated to 15 June 2012

This document has official status.

chapter E-9.1

Act respecting private education

CHAPTER I SCOPE AND INTRODUCTORY PROVISIONS

1. This Act applies to every private educational institution dispensing all or some of the educational services belonging to one or more of the following categories:

(1)  preschool education services;

(2)  elementary school instructional services;

(3)  secondary school instructional services in general education;

(4)  secondary school instructional services in vocational education in the vocational education programs appearing on the list established by the Minister of Education, Recreation and Sports under section 463 of the Education Act (chapter I‐13.3) the purpose of which is to lead to a diploma, certificate or other official attestation awarded by the Minister;

(5)  secondary school adult education services in general education;

(6)  (paragraph repealed);

(7)  instructional services in general education at the college level;

(8)  instructional services in vocational training at the college level the purpose of which is to lead to a diploma or attestation of college studies awarded in accordance with the College Education Regulations established under section 18 of the General and Vocational Colleges Act (chapter C‐29);

(9)  supplementary vocational training, namely vocational training in the fields appearing on the list established for that purpose by government regulation and not intended to lead to a diploma, certificate or other attestation referred to in paragraph 4 or 8.

1992, c. 68, s. 1; 1993, c. 25, s. 26; 1993, c. 51, s. 58; 1994, c. 16, s. 50; 1997, c. 96, s. 167; 2005, c. 28, s. 195.

2. Paragraphs 1 to 3, 5 and 7 of section 1 refer to education or instruction intended mainly to develop students’ abilities in subjects preparing them for studies at the elementary, secondary, postsecondary, college or university level, as the case may be.

Vocational education or vocational training is intended mainly to develop students’ abilities so as to prepare them for an occupation, a trade or a profession.

1992, c. 68, s. 2.

3. Any person or body dispensing, for profit or non-profit purposes, educational services for his or its own account shall be deemed to be operating an educational institution.

1992, c. 68, s. 3.

4. In addition to the exclusions provided for by government regulation, this Act does not apply

(1)  to an institution operated under an Act by a government department or a body which is a mandatary of the State;

(1.1)  to the Conservatoire de musique et d’art dramatique du Québec;

(2)  to institutions whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1);

(3)  to natural persons dispensing alone, at home, educational services to children exempted from compulsory school attendance, as provided in subparagraph 4 of the first paragraph of section 15 of the Education Act (chapter I-13.3);

(4)  to natural persons dispensing alone to less than five students at any one time certain subjects of a category of educational services mentioned in section 1, provided that those of the students who are subject to compulsory school attendance under Division II of Chapter I of the Education Act otherwise fulfil that obligation;

(5)  to an establishment with regard to supplementary vocational training dispensed to persons who participate at their employer’s request for the purposes of their work.

1992, c. 68, s. 4; 1994, c. 15, s. 33; 1994, c. 2, s. 74; 1996, c. 21, s. 70; 1999, c. 40, s. 119.

5. (Repealed).

1992, c. 68, s. 5; 1993, c. 51, s. 59.

6. The word institution, where used in this Act to refer to the subject of rights or obligations, means the person operating the institution to which the provision concerned applies.

1992, c. 68, s. 6.

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

In the case of a partnership, the obligation lies with both the partnership and the partners.

1992, c. 68, s. 7; 1999, c. 40, s. 119.

8. Every reference to a statutory instrument made under the Education Act (chapter I-13.3) or the General and Vocational Colleges Act (chapter C-29) includes present and future amendments.

For the purposes of those statutory instruments, the terms “school board” and “college” mean a private educational institution or the person operating such an institution, as the case may be.

1992, c. 68, s. 8.

9. In this Act,

“bullying” means any repeated direct or indirect behaviour, comment, act or gesture, whether deliberate or not, including in cyberspace, which occurs in a context where there is a power imbalance between the persons concerned and which causes distress and injures, hurts, oppresses, intimidates or ostracizes;

“school year” means the period commencing on 1 July of one year and ending on 30 June of the following year; and

“violence” means any intentional demonstration of verbal, written, physical, psychological or sexual force which causes distress and injures, hurts or oppresses a person by attacking their psychological or physical integrity or well-being, or their rights or property.

1992, c. 68, s. 9; 2012, c. 19, s. 22.

CHAPTER II PERMITS

10. No person may operate a private educational institution to which this Act applies unless he is the holder of a permit, issued by the Minister, for the institution and the educational services or categories of educational services mentioned in section 1 that are dispensed.

1992, c. 68, s. 10.

11. Unless otherwise mentioned in the permit, its holder is not authorized to operate

(1)  an institution dispensing, as distance education, educational services or categories of educational services mentioned in the permit;

(2)  an institution limiting admission to all or some of the educational services or categories of educational services mentioned in the permit to handicapped persons, within the meaning of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1), or to students with social maladjustments or learning disabilities.

1992, c. 68, s. 11; 2004, c. 31, s. 71.

12. The Minister shall issue, after consulting the Commission consultative de l’enseignement privé, for a particular institution and for particular educational services or categories of educational services, a permit to any person

(1)  who applies therefor in writing to the Minister within the time limit fixed by government regulation and furnishes, within that time limit, the information and documents prescribed by such regulation;

(2)  who establishes to the Minister’s satisfaction that the institution will have at its disposal the adequate human and material resources required for dispensing the educational services for which the permit is issued and sufficient financial resources for that purpose;

(3)  who has not been convicted of or pleaded guilty to, or whose chief executive officer has not been convicted of or pleaded guilty to an offence under this Act or section 78.1 or 78.2 of the Charter of the French language (chapter C-11), or a criminal offence committed in relation to the operation of an educational institution in the three years preceding the application;

(4)  who pays the fees fixed by government regulation;

(5)  who furnishes security, except in the case of an institution accredited for purposes of subsidies, to guarantee the performance of its obligations under Chapter IV in accordance with government regulations.

However, the Minister may refuse to issue a permit if, during the three years preceding the application, a permit held by the applicant was revoked.

Moreover, the Minister may refuse to issue a permit if, in the Minister’s opinion, doing so could allow the circumvention of section 72 of the Charter of the French language or of other provisions of that Act governing eligibility for instruction in English.

The Minister may also, with a view to preventing such a result, subject a permit to any condition the Minister judges necessary.

1992, c. 68, s. 12; 2010, c. 23, s. 12.

13. Notwithstanding section 12, the Minister may refuse to issue a permit authorizing, in elementary school or in general education at the secondary school level, instruction limited to certain subjects or classes, or he may subject the issue of such a permit to the conditions he determines.

1992, c. 68, s. 13.

14. The Minister may, if he deems it expedient and, where applicable, on the conditions he determines,

(1)  authorize an institution to dispense, as distance education, the educational services or categories of educational services he determines, provided that the institution dispenses the same services to the students who attend the institution and provided that the person applying for the permit furnishes the information and documents determined by regulation of the Minister;

(2)  authorize the institution to limit admission to all or some of the educational services or categories of educational services mentioned in the permit to students referred to in paragraph 2 of section 11 and belonging to the category he determines.

1992, c. 68, s. 14.

15. The Minister, after consulting the Commission, may determine the maximum number, not below the capacity of the facilities at the disposal of the institution, of students who may be admitted to educational services or categories of educational services dispensed by the institution.

The capacity of the facilities at the disposal of an institution is the capacity determined by the applicant for a permit at the Minister’s request and approved by the Minister. Where the applicant fails to determine such capacity, the Minister may refuse to issue the permit.

1992, c. 68, s. 15.

16. Any educational service may, where deemed expedient by the Minister, be dispensed under a permit that is separate from the permit issued for dispensing other educational services.

The same applies for the authorization to dispense educational services in the form of distance education or to limit admission to students referred to in paragraph 2 of section 11.

1992, c. 68, s. 16.

17. The permit shall mention, in addition to the name of the holder, the name and address of the institution, the address of the buildings or premises at its disposal and, where applicable, their names and the educational services or categories of educational services the institution is authorized to dispense and, where applicable, the authorizations and conditions determined under sections 13 and 14 and the maximum number of students who may be admitted under section 15.

The permit shall specify

(1)  where it concerns secondary school instructional services in vocational education or adult vocational education, the vocational education programs that the institution is authorized to dispense;

(2)  where it concerns supplementary vocational training, the fields for which the permit is granted;

(3)  where it concerns general or vocational education at the college level, the programs that the institution is authorized to dispense.

1992, c. 68, s. 17.

18. A permit is valid for a period of 3 years.

The Minister shall renew for 5 years, and subsequently for the same period, a permit held by a person who

(1)  applies therefor in writing to the Minister within the time limit prescribed by government regulation and furnishes, within that time limit, the information and documents prescribed by such regulation and, with regard to distance education, by regulation of the Minister;

(2)  meets the conditions set out in subparagraph 2 and, where applicable, in subparagraph 5 of the first paragraph of section 12;

(3)  has complied with the provisions of this Act and its regulations and with sections 78.1 and 78.2 of the Charter of the French language (chapter C-11) for the period of validity preceding the renewal.

However, the Minister may issue or renew a permit for a different period or without a date of expiry where he deems it expedient.

1992, c. 68, s. 18; 2010, c. 23, s. 13.

19. Before exercising his powers under section 18, the Minister shall consult the Commission in the cases appearing on the list established by the Commission and transmitted to the Minister before 1 September each year.

1992, c. 68, s. 19.

20. The Minister may, at the request of a permit holder, modify the permit upon payment of the fees fixed by government regulation.

To modify the educational services mentioned in his permit, the holder must meet the conditions for the issue of a permit which apply to the educational services for which the request is made.

Before granting a modification, the Minister shall consult the Commission, unless the modification concerns the name of an institution or one of its facilities.

1992, c. 68, s. 20.

21. No permit may be transferred except with the written authorization of the Minister.

1992, c. 68, s. 21.

22. The holder of a permit must inform the Minister of any change which renders the information provided for the issue, renewal or modification of a permit inaccurate or incomplete.

He must in addition inform the Minister whenever the institution fails to dispense all or some of the educational services mentioned in its permit.

Every legal person or body holding a permit must inform the Minister of any amalgamation, sale or transfer affecting it, as well as of any change in its name.

1992, c. 68, s. 22.

CHAPTER III RULES GOVERNING THE ACTIVITIES OF INSTITUTIONS

DIVISION I PRESCHOOL, ELEMENTARY SCHOOL AND SECONDARY SCHOOL EDUCATION

23. This division governs preschool education services, elementary school instructional services and secondary school instructional services in general education or vocational education dispensed by private educational institutions, with the exception of adult education services.

1992, c. 68, s. 23; 1997, c. 96, s. 168.

24. The age of admission to preschool education is 5 years on or before the date prescribed by the basic school regulations referred to in section 25; the age of admission to elementary school is 6 years on or before the same date.

1992, c. 68, s. 24.

25. The basic school regulation which applies to the educational services contemplated in this division shall be the basic school regulation prescribed under the Education Act (chapter I-13.3) which applies to the educational services of the category dispensed by school boards, in all matters concerning

(1)  the subjects to be taught, subject to restrictions mentioned in the permit;

(2)  admission, enrollment and school attendance, including rules governing promotion from one level of instruction to another;

(3)  the school calendar and prescribed time, except the maximum time prescribed for preschool education;

(4)  the evaluation of students’ learning achievement and the certification of studies;

(5)  the diplomas, certificates and other official attestations awarded by the Minister, as well as the conditions governing their issue.

The basic school regulation shall be applied according to the approach for progressive implementation established by the Minister under section 459 of the Education Act.

1992, c. 68, s. 25; 1997, c. 96, s. 169.

26. In the cases determined by regulation of the Minister under section 457.1 of the Education Act (chapter I-13.3), the institution may, for humanitarian reasons or to avoid serious prejudice to a child who has not reached the age of admission, upon an application from the child’s parents giving the reasons on which it is based,

(1)  admit the child to preschool education for the school year in which he reaches 5 years of age, or to elementary school education for the school year in which he reaches 6 years of age;

(2)  admit to elementary school education a child already admitted to preschool education who has reached 5 years of age.

1992, c. 68, s. 26.

27. Exceptionally, in the interest of the child, where a child has not achieved the objectives of preschool education, the institution may, on an application from the child’s parents giving the reasons on which it is based and in accordance with the terms and conditions determined by regulation of the Minister pursuant to section 457.1 of the Education Act (chapter I-13.3), admit that child to preschool education for the school year in which he would be eligible for elementary school education, if there is reasonable cause to believe that such a measure is necessary to foster the child’s academic progress.

1992, c. 68, s. 27; 2006, c. 51, s. 102.

28. Exceptionally, in the interest of the student, in the case of a student who has not achieved the objectives and mastered the compulsory notional contents of elementary school education at the end of the period fixed by the basic school regulation for promotion to secondary school education, the institution may, on an application from the parents giving the reasons on which it is based and in accordance with the terms and conditions determined by regulation of the Minister under section 457.1 of the Education Act (chapter I-13.3), admit that student to elementary school education for an additional school year, if there is reasonable cause to believe that such a measure is necessary to foster the student’s academic progress.

1992, c. 68, s. 28; 2006, c. 51, s. 103.

29. The institution must report to the Minister, not later than 1 March each year, on the number of students admitted in each of the cases referred to in sections 26 to 28.

1992, c. 68, s. 29.

30. For humanitarian reasons or to avoid serious harm to a student, the institution may, following a request, with reasons, made by the parents of the student or by the student, if of full age, exempt the student from the application of a provision of the basic school regulation. In the case of an exemption from the rules governing certification of studies referred to in section 460 of the Education Act (chapter I‐13.3), the institution must apply therefor to the Minister.

The institution may also, subject to the rules governing certification of studies prescribed by the basic school regulation, permit a departure from a provision of the basic school regulation so that a special school project may be carried out. However, the institution may only permit a departure from a list of subjects in the same cases and on the same conditions as those determined by a regulation made by the Minister under section 457.2 of the Education Act or with the authorization of the Minister given in accordance with the rules set out in section 459 of that Act.

In addition, the provisions of the basic school regulation concerning exemptions or exceptions shall apply to private educational institutions.

Furthermore, the institution may, subject to the rules on certification of studies prescribed in the basic school regulation, exempt from a subject prescribed in the basic school regulation a student who needs support in the programs relating to the language of instruction, a second language or mathematics; the student cannot be exempted, however, from any of these programs.

1992, c. 68, s. 30; 1997, c. 96, s. 170; 2000, c. 24, s. 53; 2004, c. 38, s. 5.

31. The preschool program shall be the program established by the Minister under section 461 of the Education Act (chapter I-13.3) or an institutional program approved by the Minister.

1992, c. 68, s. 31; 1997, c. 96, s. 171.

32. The elementary school program of studies and the secondary school program of studies in general education shall, for compulsory subjects, be the programs established by the Minister under section 461 of the Education Act (chapter I-13.3). The same applies with respect to the activities or content the Minister may prescribe in the broad areas of learning.

However, a program of studies established by the Minister may, with the Minister’s authorization and on the conditions he determines, be replaced by a program of studies developed by the institution for any student or category of students unable to profit from the program of studies established by the Minister. Every institutional program shall be submitted to the Minister for approval.

In addition, the programs of studies established by the Minister may be replaced by an institutional program of studies approved by the Minister if the institution is operated under a permit restricted to some of the subjects prescribed in the basic school regulations.

1992, c. 68, s. 32; 2005, c. 20, s. 12; 2012, c. 19, s. 23.

33. The secondary school program of studies in general education developed by an institution may, with the Minister’s authorization, assign to an elective subject a number of credits that exceeds the number prescribed in the basic school regulations.

1992, c. 68, s. 33.

34. The secondary school programs of studies in vocational education shall be the programs established by the Minister under section 461 of the Education Act (chapter I-13.3) or the institutional programs of studies approved by the Minister.

The institution shall dispense the entire program of studies for each vocational education program mentioned in its permit.

1992, c. 68, s. 34.

35. Every institution shall ensure that, for the teaching of the programs of studies established by the Minister, only textbooks, instructional material or categories of instructional material approved by the Minister under section 462 of the Education Act (chapter I‐13.3) are used.

1992, c. 68, s. 35; 1997, c. 96, s. 172; 2000, c. 24, s. 54.

36. Every institution shall see to the administration of the examinations imposed by the Minister.

The Minister shall impose examinations in the same subjects or vocational education programs as those determined under section 463 of the Education Act (chapter I-13.3); he shall exercise, in that respect, the same powers as those provided for in section 470 of the said Act.

1992, c. 68, s. 36.

37. The institution, in accordance with the criteria or conditions established by the Minister under section 469 of the Education Act (chapter I-13.3), shall recognize any learning acquired by a student otherwise than as prescribed in the basic school regulation.

1992, c. 68, s. 37.

38. An institution which cancels the educational service contract of a student subject to compulsory school attendance shall inform the school board responsible for that student of the cancellation.

1992, c. 68, s. 38.

DIVISION II ADULT EDUCATION SERVICES

39. No private educational institution may admit a student to secondary school adult education while that student is subject to compulsory school attendance.

1992, c. 68, s. 39.

40. The educational services referred to in section 39, when dispensed by a private educational institution, shall be governed by the same basic school regulation as that, established pursuant to the Education Act (chapter I-13.3), which applies to adult education services of the same category dispensed by school boards, in all matters concerning

(1)  the nature of the secondary school educational services and their general organizational framework;

(2)  conditions of admission;

(3)  student records;

(4)  evaluation of learning and recognition of achievements;

(5)  diplomas, certificates and other official attestations awarded by the Minister and the conditions which apply to their issue.

The basic school regulation shall be applied according to the approach for progressive implementation established by the Minister under section 459 of the Education Act.

The provisions of the basic school regulation concerning exceptions or exemptions shall apply to private educational institutions.

1992, c. 68, s. 40; 1997, c. 96, s. 173.

40.1. For humanitarian reasons or to avoid serious harm to a student, the institution may, following a request, with reasons, made by the parents of the student or by the student, if of full age, exempt the student from the application of a provision of the basic school regulation. In the case of an exemption from the rules governing certification of studies referred to in section 460 of the Education Act (chapter I-13.3), the institution must obtain the authorization of the Minister.

1997, c. 96, s. 174.

41. The programs of studies for secondary school adult education shall be the programs established by the Minister under section 461 of the Education Act (chapter I-13.3), or the institutional programs of studies approved by the Minister.

1992, c. 68, s. 41; 1997, c. 96, s. 175.

42. Every institution shall see to the administration of the examinations imposed by the Minister.

The Minister shall impose examinations in the same subjects or vocational education programs as those determined under section 463 of the Education Act (chapter I-13.3); he shall exercise, in that respect, the same powers as those provided for in section 470 of the said Act.

1992, c. 68, s. 42.

43. The institution shall recognize, in accordance with the criteria or conditions established by the Minister under section 469 of the Education Act (chapter I-13.3), the scholastic or experiential learning of a person enrolled in adult education.

1992, c. 68, s. 43.

DIVISION III COLLEGE LEVEL INSTRUCTION

44. The College Education Regulations shall apply to general or vocational instructional services at the college level dispensed by private educational institutions.

The conditions of application of the College Education Regulations are the same as those established by the Minister under section 18 of the General and Vocational Colleges Act (chapter C-29).

1992, c. 68, s. 44; 1993, c. 25, s. 27.

45. An educational institution shall dispense, for each program of pre-university or technical studies mentioned in its permit, at least those courses which, when combined, render the student eligible for admission to university-level studies or to a diploma or attestation of college studies awarded in accordance with the College Education Regulations.

1992, c. 68, s. 45; 1993, c. 25, s. 28.

DIVISION IV SUPPLEMENTARY VOCATIONAL TRAINING

46. No private educational institution may admit a student for supplementary vocational training while that student is subject to compulsory school attendance.

1992, c. 68, s. 46.

47. The programs of studies for supplementary vocational training shall be the institutional programs approved by the Minister.

1992, c. 68, s. 47.

48. Every institution shall ensure that within the framework of supplementary vocational training only instructional material determined by the institution and approved by the Minister is used.

1992, c. 68, s. 48.

49. The institution shall issue an attestation of training to a student who has achieved the objectives of the programs of studies in a field authorized by its permit, in accordance with the standards and procedures for the evaluation of students’ learning achievement as well as the rules governing certification of studies of the institution approved by the Minister.

The form and tenor of the attestation shall be submitted to the Minister for approval; the attestation must not contain any mention which may lead others to believe that the attestation has been awarded by the Minister or that it is equivalent to a diploma, a certificate or other attestation referred to in paragraph 4 or 8 of section 1.

1992, c. 68, s. 49; 1993, c. 25, s. 29; 1997, c. 96, s. 176.

DIVISION V HUMAN RESOURCES

50. Every institution shall ensure that any person it employs to dispense preschool education services or to teach in elementary or secondary school holds a teaching licence issued by the Minister of Education, Recreation and Sports under the Education Act (chapter I‐13.3), except in the cases referred to in subparagraphs 2 and 3 of the second paragraph of section 23 of the said Act.

It shall also, except where it dispenses only college-level instruction or in the cases referred to in section 54, ensure that any person it employs to be in charge of the educational methods or the administration of the institution possesses the qualifications required by the regulations of the Minister of Education, Recreation and Sports.

However, the Minister of Education, Recreation and Sports may, on such conditions and for such time as he determines, authorize exceptions to this section.

1992, c. 68, s. 50; 1993, c. 51, s. 60; 1994, c. 16, s. 50; 1997, c. 96, s. 177; 2005, c. 28, s. 195.

50.1. If applicable, the Minister shall give the institution that employs the person holding the teaching licence and the person who filed the complaint that gave rise to the decision a written notice of the decision not to renew the licence, to suspend or revoke it or to attach conditions to it, and include the reasons for the decision.

2005, c. 16, s. 12.

51. (Repealed).

1992, c. 68, s. 51; 1993, c. 25, s. 30.

52. (Repealed).

1992, c. 68, s. 52; 2000, c. 24, s. 55.

53. Every institution shall ensure that any person it employs to provide supplementary vocational training possesses the qualifications determined by the institution and approved by the Minister.

1992, c. 68, s. 53.

54. An institution dispensing only supplementary vocational training or operating under a permit restricted to certain subjects prescribed in the basic school regulation shall ensure that any person it employs to be in charge of the educational methods or the administration of the institution possesses the qualifications determined by the institution and approved by the Minister.

1992, c. 68, s. 54.

§ 1 . — Special provisions for institutions dispensing preschool education services, elementary school instructional services and secondary school instructional services

2005, c. 16, s. 13.

54.1. For the purposes of this subdivision,

(1)  “judicial record” means

(a)  a conviction for a criminal or penal offence committed in Canada or elsewhere, unless a pardon has been obtained for that offence;

(b)  a charge still pending for a criminal or penal offence committed in Canada or elsewhere; and

(c)  a court order subsisting against a person in Canada or elsewhere; and

(2)  “institution” means a private educational institution dispensing all or some preschool education services, elementary school instructional services or secondary school instructional services in general or vocational education, including educational services for adults.

2005, c. 16, s. 13.

54.2. For the purposes of this subdivision, the information concerning a judicial record provided for in its provisions may be gathered, used and kept only with a view to ensuring the safety and well-being of the students.

The institution must ensure that that information is accessible only to the persons who are qualified to receive it by reason of their responsibilities, and that those persons undertake in writing with the institution to comply with the limitations set out in the first paragraph.

2005, c. 16, s. 13.

54.3. The Minister and the Minister of Public Security shall make a framework agreement for establishing the procedures to be followed by Québec police forces when verifying judicial records for institutions.

2005, c. 16, s. 13.

54.4. The Minister shall prepare a judicial record verification guide for institutions and see that it is distributed.

2005, c. 16, s. 13.

54.5. Before hiring persons who would be required to work with minor students or be regularly in contact with them, the institution must ensure that they have no judicial record relevant to the functions that could be assigned to them within that institution.

To that end, those persons must send a declaration concerning their judicial record to the institution. The institution must verify the declaration or have it verified.

2005, c. 16, s. 13.

54.6. At the request of the institution, persons who work with minor students and persons who are regularly in contact with minor students in the institution must send it a declaration concerning their judicial record so that the institution may ensure that they have no judicial record relevant to their functions within that institution.

To that end, the institution may act on the strength of that declaration, or verify the declaration or have it verified.

2005, c. 16, s. 13.

54.7. If the institution has reasonable grounds to believe that a person who works with minor students in the institution or is regularly in contact with them has a judicial record, it must require the person to send it a declaration concerning the person’s judicial record. The person must comply with the request within 10 days.

The institution must verify the declaration or have it verified, and ensure that the person has no judicial record relevant to the functions of that person within the institution.

2005, c. 16, s. 13.

54.8. Within 10 days of being notified of a change in their judicial record, persons who work with minor students and persons who are regularly in contact with minor students in the institution must inform the institution of that change, regardless of whether they have already filed a declaration concerning that record.

The institution must verify the declaration or have it verified, and ensure that the person has no judicial record relevant to the person’s functions within the institution.

2005, c. 16, s. 13.

54.9. When an institution verifies a declaration concerning a judicial record under this subdivision, or has it verified, it may have the declaration verified, in particular, by a Québec police force and communicate or receive any information for the purposes of the verification.

2005, c. 16, s. 13.

54.10. The form established by the institution for declarations concerning a judicial record under this subdivision must state that the institution may verify the declaration, or have it verified, in particular by a Québec police force, and communicate or receive any information for the purposes of the verification.

The declaration form must also state that the institution will inform the Minister of each case in which it has concluded that the judicial record of a person holding a teaching licence is relevant to the functions that are assigned or that could be assigned to that person within the institution.

2005, c. 16, s. 13.

54.11. The institution must inform the Minister of each case in which it has concluded that the judicial record of a person holding a teaching licence is relevant to the functions that are assigned or that could be assigned to that person within the institution.

2005, c. 16, s. 13.

DIVISION VI MISCELLANEOUS PROVISIONS

55. No permit holder may identify the institution or a facility at the disposal of the institution by any name other than the name appearing on his permit.

1992, c. 68, s. 55.

56. The holder must post his permit in a conspicuous place in a facility of the institution.

1992, c. 68, s. 56.

57. (Repealed).

1992, c. 68, s. 57; 2000, c. 24, s. 55.

58. (Repealed).

1992, c. 68, s. 58; 2000, c. 24, s. 55.

59. Every institution must comply with government regulations in its advertising, solicitation and offers of service.

1992, c. 68, s. 59.

60. Every institution dispensing distance education must, in addition to the conditions mentioned in its permit, comply with the standards determined by regulation of the Minister.

1992, c. 68, s. 60.

61. The Minister may enter into an agreement with an institution whereby the institution undertakes, on the conditions agreed upon in the agreement, to dispense courses to students or to provide other services of an educational nature.

1992, c. 68, s. 61.

62. An institution may enter into an agreement with a school board under section 294 of the Education Act (chapter I-13.3) to provide transportation for the students of the institution who are enrolled in preschool education, elementary or secondary school or in adult education and claim from them the cost it is required to assume pursuant to section 296 of the said Act after deducting the subsidies granted for that purpose, if any.

The institution may also, with the authorization of the Minister, organize independently all or part of the transportation of the students referred to in the first paragraph and enter into an agreement for that purpose. It may claim the cost of such transportation from the students using the service after deducting the subsidies granted for that purpose, if any. Sections 297 and 298 of the Education Act and the regulations made under section 453 of that Act apply, adapted as required, to an institution which organizes transportation independently for its students.

An institution to which the second paragraph applies may enter into an agreement with another such institution to provide transportation for its students.

1992, c. 68, s. 62; 1997, c. 96, s. 178.

62.1. An institution may only provide childcare at school to children to whom it already provides preschool education services or elementary school instructional services.

1997, c. 58, s. 42; 1997, c. 96, s. 179.

63. Every institution must keep a school record for each student and a register of enrollment in the form and tenor prescribed by regulation of the Minister.

The institution must, upon ceasing its activities, forward to the Minister the documents mentioned in the first paragraph.

1992, c. 68, s. 63.

63.1. An institution providing educational services belonging to the categories listed in paragraphs 1 to 3 of section 1 must provide a healthy and secure learning environment that allows every student to develop his or her full potential, free from any form of bullying or violence. To that end, the institution must adopt an anti-bullying and anti-violence plan.

The main purpose of the plan must be to prevent and stop all forms of bullying and violence targeting a student, a teacher or any other personnel member.

In addition to any elements the Minister may prescribe by regulation, the plan must include

(1)  an analysis of the situation prevailing at the institution with respect to bullying and violence;

(2)  prevention measures to put an end to all forms of bullying and violence, in particular those motivated by racism or homophobia or targeting sexual orientation, sexual identity, a handicap or a physical characteristic;

(3)  measures to encourage parents to collaborate in preventing and stopping bullying and violence and in creating a healthy and secure learning environment;

(4)  procedures for reporting, or registering a complaint concerning, an act of bullying or violence and, more particularly, procedures for reporting the use of social media or communication technologies for cyberbullying purposes;

(5)  the actions to be taken when a student, teacher or other personnel member or any other person observes an act of bullying or violence;

(6)  measures to protect the confidentiality of any report or complaint concerning an act of bullying or violence;

(7)  supervisory or support measures for any student who is a victim of bullying or violence, for witnesses and for the perpetrator;

(8)  specific disciplinary sanctions for acts of bullying or violence, according to their severity or repetitive nature; and

(9)  the required follow-up on any report or complaint concerning an act of bullying or violence.

A document explaining the anti-bullying and anti-violence plan must be distributed to the parents. The institution shall see to it that the wording of the document is clear and accessible.

The anti-bullying and anti-violence plan must be reviewed each year, and updated if necessary.

2012, c. 19, s. 24.

63.2. The anti-bullying and anti-violence plan must specify the form and nature of the undertakings to be given by the institution to a student who is a victim of bullying or violence and to his or her parents.

It must also prescribe what action must be taken by the institution to deal with the perpetrator and his or her parents, and specify the form and nature of the undertakings they must give in order to prevent any further act of bullying or violence.

2012, c. 19, s. 24.

63.3. The anti-bullying and anti-violence plan must be accompanied by a document that sets out the rules of conduct and the safety measures applicable in the institution, including the obligation for students to conduct themselves in a civil and respectful manner toward their peers and the institution’s personnel, to contribute to creating a healthy and secure learning environment, and to take part in civics and anti-bullying and anti-violence activities held by the institution.

In addition to the elements the Minister may prescribe by regulation, the rules of conduct must specify

(1)  the attitudes and conduct that are required of students at all times;

(2)  the behaviours and verbal or other exchanges that are prohibited at all times, including during school transportation, regardless of the means used, including social media; and

(3)  the applicable disciplinary sanctions, according to the severity or repetitive nature of the prohibited act.

The rules of conduct and the safety measures must be presented to the students during a civics session held each year by the institution in collaboration with its personnel, and must be sent to the parents at the beginning of each school year.

2012, c. 19, s. 24.

63.4. The plan, rules and measures provided for in sections 63.1 and 63.3 are prepared with the participation of the members of the institution’s personnel.

2012, c. 19, s. 24.

63.5. The institution shall set up an anti-bullying and anti-violence team and designate, from among the members of its personnel, a person to coordinate its work as part of his or her regular duties.

The institution shall see to it that all the members of its personnel are informed of the institution’s rules of conduct and safety measures and anti-bullying and anti-violence measures and of the procedure to be followed when an act of bullying or violence is observed.

Every personnel member shall collaborate in implementing the anti-bullying and anti-violence plan and shall see to it that no student in the institution is a victim of bullying or violence.

On the occurrence of an act of bullying or violence, and after considering the best interest of the students directly involved, the person designated by the institution specifically for that purpose from among the members of its management personnel shall promptly communicate with their parents to inform them of the measures in the anti-bullying and anti-violence plan.

2012, c. 19, s. 24.

63.6. The institution may suspend a student if, in its opinion, such a disciplinary sanction is necessary to put an end to acts of bullying or violence or to compel the student to comply with the institution’s rules of conduct.

When determining the duration of the suspension, the institution shall take into account the student’s best interest, the severity of the incidents, and any previously taken measures.

The institution shall inform the student’s parents of the reasons for the suspension and of the assistance, remedial and reintegration measures imposed on the student.

2012, c. 19, s. 24.

63.7. The institution shall, on the recommendation of the team established under section 63.5, support any group of students wishing to conduct activities conducive to preventing and stopping bullying and violence.

2012, c. 19, s. 24.

63.8. Not later than 31 December, the institution shall send the Minister a yearly report which states the nature of the complaints reported to the institution and the measures taken.

2012, c. 19, s. 24.

63.9. The institution and each competent authority in respect of a police force in its territory shall enter into an agreement to determine how the officers of that police force will intervene in an emergency and when an act of bullying or violence is reported to them, and to establish a mode of collaboration for prevention and investigation purposes.

The Government may, by regulation, determine the essential elements and the special stipulations that the agreement must include.

In the absence of an agreement between the institution and the competent authority in respect of a police force in the territory of the institution, the Minister and the Minister of Public Security shall jointly determine how the members of the police force will intervene in an emergency and when an act of bullying or violence is reported, and establish a mode of collaboration for prevention and investigation purposes, to stand in lieu of such an agreement.

2012, c. 19, s. 24.

63.10. The institution shall enter into an agreement with an institution or another body in the health and social services network for the provision of services to students after an act of bullying or violence is reported. It may also enter into an agreement with a community organization operating in its territory. Any agreement under this section must stipulate, among other things, the actions to be taken jointly in such cases.

2012, c. 19, s. 24.

64. Every institution shall prepare and forward to the Minister such documents and information as are requested by the Minister in the exercise of his functions and powers, at such time and in such form as the Minister determines.

1992, c. 68, s. 64.

65. Every institution shall forward to the Minister, at such time and in such form as he determines, the annual financial statements of the institution.

This section does not apply to an institution which dispenses only supplementary vocational training or which is operated under a permit restricted to certain subjects provided for in the basic school regulation.

1992, c. 68, s. 65.

CHAPTER IV EDUCATIONAL SERVICE CONTRACT

66. The educational service contract to which this chapter applies is a contract by which a private educational institution undertakes in respect of a natural person, the client, to provide educational services belonging to a category mentioned in any of paragraphs 1 to 8 of section 1, or to provide accessory services, in return for a price which the client undertakes to pay to the operator.

The price shall include the admission or enrollment fees but not the charge referred to in section 67.

1992, c. 68, s. 66.

67. No institution may require of a person, for the making of an educational service contract, a charge to determine a student’s admissibility in excess of the amount determined in accordance with the regulations of the Minister.

1992, c. 68, s. 67.

68. The contract, on pain of nullity, must be evidenced in writing and must comply with government regulations. The client’s consent may be expressed by the enrollment of the student, admitted by the institution, in the educational services covered by the contract.

A copy of the contract or enrollment, on pain of absolute nullity of the contract, must be given to the client before dispensation of the services has begun.

1992, c. 68, s. 68; 1999, c. 40, s. 119.

69. The rate per month, per lesson or per credit must remain the same for the duration of the contract.

1992, c. 68, s. 69.

70. No institution may require payment from a client before performance of its obligation has begun, except for the payment of an admission or enrollment fee not in excess of the amount determined in accordance with the regulations of the Minister.

No institution may require payment of the client’s obligation, or balance thereof if admission or enrollment fees have been paid, in less than two reasonably equal instalments. The dates on which the instalments become due must be fixed in such a way that they fall approximately at the beginning of each half of the duration, calculated in months, lessons or credits, of the educational services for which the student is enrolled.

1992, c. 68, s. 70.

71. The client may, at any time and at his discretion, cancel the contract by giving notice to that effect by registered mail. The contract shall be cancelled by operation of law from the receipt of the notice.

1992, c. 68, s. 71.

72. If the client cancels the contract before the provision of services has begun, the institution cannot demand compensation in excess of the amount obtained by subtracting the admission or enrollment fees from the lesser of the following two amounts: the maximum amount determined in accordance with the regulations of the Minister, and an amount representing not more than 1/10 of the total price agreed upon for the services.

1992, c. 68, s. 72.

73. If the client cancels the contract after the provision of services has begun, the institution may demand only the following amounts from the client:

(1)  the price of the services provided calculated in months, lessons, or credits as specified in the contract;

(2)  as penalty, the amount obtained by subtracting the admission or enrollment fees from the lesser of the following two amounts: the maximum amount determined in accordance with the regulations of the Minister, and an amount representing not more than 1/10 of the total price agreed upon for the services.

1992, c. 68, s. 73.

74. In the ten days following the cancellation of the contract, the institution must return to the client the amounts it has received in excess of those to which it is entitled.

1992, c. 68, s. 74.

75. The client may demand that the contract be annulled if he becomes aware that the student was admitted to the educational services concerned in contravention of the provisions governing admission to those services.

1992, c. 68, s. 75.

76. No person may depart from the provisions of this chapter by means of an agreement which provides otherwise.

Furthermore, no client may waive a right conferred on him by this chapter.

1992, c. 68, s. 76.

CHAPTER V SUBSIDIES

DIVISION I ACCREDITATION

77. The Minister, after consulting the Commission, may accredit for purposes of subsidies, a private educational institution in respect of all or some of the educational services belonging to the categories mentioned in paragraphs 1 to 4, 7 and 8 of section 1 and dispensed in a facility at the disposal of the institution.

1992, c. 68, s. 77.

78. For the purpose of granting accreditation, the Minister shall take account of, in particular,

(1)  the quality of the institution’s educational organization and the criteria governing the selection of the teaching and managerial personnel;

(2)  the importance of the need expressed to which the institution proposes to respond;

(3)  the extent of public support, and community involvement;

(4)  the effects of accreditation on resources in the community;

(5)  the specific contribution to be made by the institution in terms of enrichment, complementarity or diversity;

(6)  the level of participation of parents in the life of the institution;

(7)  the compatibility between the institution’s objectives and the policies of the Minister or the Government.

1992, c. 68, s. 78.

79. The accreditation may determine the maximum number of full-time students eligible for subsidies in each vocational education program or program of technical studies.

The accreditation shall determine the grounds on which it is based.

1992, c. 68, s. 79; 1993, c. 25, s. 31.

80. Every person wishing to obtain the accreditation of his institution must apply in writing to the Minister, within the time limits prescribed by regulation of the Minister. The application shall contain the information and be submitted with the documents determined by regulation of the Minister.

1992, c. 68, s. 80.

81. Accreditation shall be valid for the time remaining to run under the permit issued for the institution and the educational services to which it applies.

Renewal of the permit entails renewal of accreditation for the same period.

Where a permit is issued or renewed without a date of expiry, accreditation is also granted or renewed without a date of expiry.

1992, c. 68, s. 81.

82. At the request of the permit holder and after consulting the Commission, the Minister may modify the accreditation of an institution.

In modifying an accreditation, the Minister shall take account, in particular, of the elements listed in section 78.

1992, c. 68, s. 82.

DIVISION II SUBSIDIES FOR EDUCATIONAL SERVICES

83. In this division, the word “term” has the same meaning as in the College Education Regulations.

1992, c. 68, s. 83; 1993, c. 25, s. 32.

84. The Minister shall establish annually, after consulting the accredited educational institutions, and submit to the Conseil du trésor for approval budgetary rules to determine the amount of subsidies to be paid to accredited educational institutions for dispensing accredited services.

The budgetary rules must provide for the allocation of a base amount for each full-time student duly enrolled on the dates provided therein, in educational services belonging to one of the categories mentioned in paragraphs 1 to 4, 7 and 8 of section 1 for which the accreditation is granted, together with the standards and methods of calculating the allocation of a subsidy for part-time students enrolled at the college level, within the meaning of those rules, and of an amount in lieu of the rental value of the institution’s facilities.

The budgetary rules may, in addition, provide for the granting of subsidies to an institution offering special programs established by the Minister for public education, dispensing other educational services than those referred to in the second paragraph, dispensing educational services to handicapped students or students with social maladjustments or learning disabilities otherwise than under an authorization granted under paragraph 2 of section 14 or carrying out activities agreed upon with the Minister.

The budgetary rules may provide that the granting of subsidies may be subject to general conditions applicable to all institutions or special conditions applicable to one or more institutions. The budgetary rules may also provide that a subsidy under the third paragraph shall be granted to one institution or to certain institutions only.

The budgetary rules may vary according to the nature of the educational services or categories of students.

1992, c. 68, s. 84; 1993, c. 25, s. 33.

84.1. The budgetary rules may also provide for the additional financial contribution chargeable to students who are not resident in Québec, within the meaning of government regulations, and provide for exceptions applicable to certain classes of such students. The Minister may, by way of exception, exempt students from the payment of the additional financial contribution.

1997, c. 87, s. 29.

85. The Minister shall determine the number of full-time students referred to in the second paragraph of section 84, except those enrolled at the college level, by applying the following rules:

(1)  a full-time student is a student taking part, during the school year, in the minimum number of hours of activities prescribed in the basic school regulation or pursuant to any exception to the basic school regulation applicable to him;

(2)  the number of students who are not full-time students must be converted into the equivalent number of full-time students in the following manner:

(a)  by dividing, for each part-time student, the number of hours of his activities during the school year by the minimum number of hours of activities prescribed in the basic school regulation applicable to that student;

(b)  by adding the quotients obtained under subparagraph a;

(3)  in vocational education, the number of students taking part, during the school year, in a program requiring a number of hours exceeding the minimum prescribed in the basic school regulation must, for the excess hours, be converted into a number of full-time students in the following manner:

(a)  by dividing, for each such student, the number of excess hours referred to above by the minimum number of hours of activities prescribed in the basic school regulation;

(b)  by adding the quotients obtained under subparagraph a.

At the college level, only students enrolled full-time, within the meaning of the budgetary rules, give entitlement to the granting of a base amount per student.

1992, c. 68, s. 85.

86. For the purposes of section 85, the following students are not taken into account:

(1)  students enrolled in distance education;

(2)  with regard to educational services mentioned in paragraphs 2 to 4 of section 1, students over the age limit for admission within the meaning of section 1 of the Education Act (chapter I-13.3), unless they were admitted pursuant to an exception on the same conditions as those provided for in the basic school regulation.

1992, c. 68, s. 86.

87. The base amount for each student for a given school year or, at the college level, for each full-time student for each term of a given school year, is obtained by applying to the base amount for each student fixed for the preceding school year the rate of variation of the subsidies paid for the given school year to school boards and general and vocational colleges for the same educational service, without however taking into account subsidies paid for expenses inherent in public education.

1992, c. 68, s. 87.

88. Section 87 does not apply to amounts in respect of each handicapped student or student with social maladjustments or learning disabilities attending an institution operated pursuant to an authorization granted under paragraph 2 of section 14.

The amount for each student referred to in the first paragraph shall be determined specifically in the budgetary rules for each institution.

1992, c. 68, s. 88.

89. In cases where a school board, a general and vocational college, the Gouvernement du Québec or another government or any of their departments or agencies assumes directly or indirectly, in respect of a student, a financial contribution in addition to the contribution referred to in the first paragraph of section 93, the excess amount shall be deducted from the base amount intended for that student.

1992, c. 68, s. 89.

90. The amount of the additional financial contribution referred to in section 93 chargeable by an accredited institution to a student who is not resident in Québec, within the meaning of government regulations, shall be deducted from the amount of subsidies intended for that student.

1992, c. 68, s. 90; 1997, c. 87, s. 30.

DIVISION III SUBSIDIES FOR STUDENT TRANSPORTATION

91. The Minister may grant a subsidy to an accredited institution authorized, pursuant to the second paragraph of section 62, to organize transportation independently for all or some of the students enrolled in the educational services for which accreditation was granted. For that purpose, he shall establish annually and submit to the Conseil du trésor for approval budgetary rules for determining the amount of the subsidies granted for the transportation of such students.

The budgetary rules may provide that the subsidy may be granted on the basis of general standards which apply to all students transported or on the basis of special standards which apply only to some students.

The budgetary rules may provide that the granting of a subsidy may be subject to general conditions applicable to all accredited private educational institutions or to special conditions applicable to one institution or to certain institutions.

The budgetary rules may also provide that the granting of a subsidy may be subject to authorization by the Minister or that it may be granted to one institution or certain institutions only.

1992, c. 68, s. 91; 1993, c. 51, s. 61; 1994, c. 16, s. 50; 1997, c. 96, s. 180.

92. The institution shall prepare and forward to the Minister the information and documents he requires for the purpose of granting subsidies, at the time and in such form as he determines.

1992, c. 68, s. 92; 1997, c. 96, s. 181.

DIVISION IV OBLIGATIONS OF ACCREDITED INSTITUTIONS

93. No accredited institution may charge, for the educational services for which accreditation is granted, including admission, enrollment and other services of a similar nature, an amount in excess of the maximum amount determined by regulation of the Minister.

The institution must, however, in accordance with the budgetary rules established by the Minister of Education, Recreation and Sports, charge an additional financial contribution to a student who is not resident in Québec within the meaning of government regulations.

This section does not apply to the additional financial contribution paid directly or indirectly by a person, government or body referred to in section 89.

1992, c. 68, s. 93; 1997, c. 87, s. 31; 2005, c. 28, s. 195.

94. For each fiscal year, an accredited institution shall appoint an independent auditor who shall produce a report of the audit of the financial operations of the institution.

The Minister may specify the terms of reference applicable to all the independent auditors of accredited institutions.

The report of the independent auditor must be forwarded to the Minister with the annual financial statements of the institution.

1992, c. 68, s. 94.

CHAPTER VI COMMISSION CONSULTATIVE DE L’ENSEIGNEMENT PRIVÉ

DIVISION I CONSTITUTION AND ORGANIZATION

95. The Commission consultative de l’enseignement privé, instituted by the Act respecting private education (1968, chapter 67), is continued, under its name, pursuant to this Act.

1992, c. 68, s. 95.

96. The Commission shall be composed of nine members, including the chairman, appointed by the Government on the recommendation of the Minister of Education, Recreation and Sports.

Five members, of whom at least three shall be chosen from a list of at least six candidates proposed by the groups referred to in the fourth paragraph, shall represent the field of preschool, elementary and secondary education.

Three members, of whom at least two shall be chosen from a list of at least six candidates proposed by the groups referred to in the fourth paragraph, shall represent the field of college education.

The groups invited to propose candidates shall be the groups which the Minister considers, with regard to the educational services under his jurisdiction, to be representative of permit holders, directors of private educational institutions governed by this Act, teachers in those institutions and parents of the students attending the institutions.

1992, c. 68, s. 96; 1993, c. 51, s. 62; 1994, c. 16, s. 50; 2005, c. 28, s. 195.

97. Members are appointed for a term of not more than three years.

At the expiry of his term, a member shall remain in office until reappointed or replaced.

Members may not serve more than two consecutive terms.

1992, c. 68, s. 97.

98. Any vacancy occurring during a member’s term shall be filled for the unexpired portion of the term in the manner prescribed in section 96.

Failure to attend four consecutive meetings of the Commission constitutes a vacancy.

1992, c. 68, s. 98.

99. Members of the Commission are not remunerated, except in the cases, on the conditions and to the extent determined by the Government. Members 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.

1992, c. 68, s. 99.

100. The chairman shall preside at meetings of the Commission and shall be responsible for the management of the Commission’s activities.

1992, c. 68, s. 100.

101. A majority of members constitutes a quorum at meetings of the Commission.

1992, c. 68, s. 101.

102. The Commission may hold its sittings at any place in Québec.

1992, c. 68, s. 102.

103. The secretary and the other members of the personnel of the Commission shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

The chairman shall exercise, with regard to such personnel, the powers conferred by that Act on a chief executive officer.

1992, c. 68, s. 103; 2000, c. 8, s. 242.

DIVISION II FUNCTIONS AND POWERS

104. The principal function of the Commission is to advise the Minister of Education, Recreation and Sports on any matter coming under his jurisdiction in the field of private education governed by this Act.

1992, c. 68, s. 104; 1993, c. 51, s. 63; 1994, c. 16, s. 50; 2005, c. 28, s. 195.

105. The Commission must advise the Minister of Education, Recreation and Sports on any matter he submits to it respecting private education.

The advice of the Commission on any subject concerning which the Minister is required to consult the Commission pursuant to this Act must be given within 90 days of the date of the Minister’s request, failing which the obligation of the Minister shall cease.

1992, c. 68, s. 105; 1993, c. 51, s. 64; 1994, c. 16, s. 50; 2005, c. 28, s. 195.

106. The Commission must hear every person applying for a permit or an accreditation under this Act who so requests in writing.

1992, c. 68, s. 106.

107. The Commission may

(1)  refer any matter relating to private education governed by this Act to the Minister of Education, Recreation and Sports;

(2)  solicit and receive observations and suggestions from individuals and groups on any matter relating to such matters.

1992, c. 68, s. 107; 1993, c. 51, s. 65; 1994, c. 16, s. 50; 2005, c. 28, s. 195.

108. The Commission must, by by-law, prescribe rules for its internal management.

1992, c. 68, s. 108.

DIVISION III ANNUAL REPORT

109. The Commission must forward to the Minister of Education, Recreation and Sports, not later than 1 December each year, a report on its activities for the preceding school year.

The report must contain

(1)  a list of all applications for permits, modifications, renewals and revocations together with, in each case, the advice of the Commission and the reasons justifying it;

(2)  a list of all applications for accreditation for purposes of subsidies, modifications and revocations together with, in each case, the advice of the Commission and the reasons justifying it;

(3)  any information prescribed by the Minister of Education, Recreation and Sports.

1992, c. 68, s. 109; 1993, c. 51, s. 66; 1994, c. 16, s. 50; 2005, c. 28, s. 195.

110. The Minister of Education, Recreation and Sports shall table the report of the activities of the Commission before the National Assembly within 30 days of receiving it or, if the Assembly is not sitting, within 30 days of resumption.

1992, c. 68, s. 110; 1993, c. 51, s. 67; 1994, c. 16, s. 50; 2005, c. 28, s. 195.

CHAPTER VII REGULATIONS

111. The Government may, by regulation,

(1)  establish a list of the fields of supplementary vocational training;

(2)  determine the time limit for presenting an application for the issue, renewal or modification of a permit, and the information and documents which must be submitted with the application;

(3)  determine the fees exigible for the issue or modification of a permit;

(4)  establish the nature and amount of the security which must be furnished for the issue or renewal of a permit, except in the case of an accredited institution, and determine the cases in which the holder of a permit is required to make up security and the rules governing the use of the security by the Minister in cases of default and those governing its return;

(5)  establish standards or prohibitions relating to advertising, solicitation and offers of service by a private educational institution;

(6)  determine the form and tenor of educational service contracts, including enrollment;

(7)  exclude, on the conditions it may determine or authorize, to the extent it indicates, the Minister to exclude, on the conditions he may determine, persons, bodies, institutions or educational services from all or some of the provisions of this Act or of the regulations made under this section;

(8)  prescribe standards for the provision of childcare at school;

(9)  define the expression “resident in Québec” for the purposes of this Act.

1992, c. 68, s. 111; 1997, c. 58, s. 43; 1997, c. 87, s. 32.

112. The Minister may, by regulation,

(1)  establish the qualifications required of persons employed to be in charge of the educational methods or the administration of an institution governed by section 50;

(2)  determine the information and documents which a person must furnish when applying for a permit to obtain the authorization to dispense distance education services or the renewal of a permit giving such authorization and prescribe standards relating to distance education services;

(3)  determine the form and tenor of student records and the register of enrollment which an institution must keep;

(4)  establish the procedure which applies to the granting or modification of an accreditation for purposes of subsidies, including the documents and information to be furnished and the time limits for presenting an application;

(5)  establish rules for determining the financial contribution referred to in section 93;

(6)  establish rules for determining the maximum amount of the charge referred to in section 67, the admission or enrollment fees referred to in section 70, the compensation referred to in section 72 or the penalty referred to in section 73.

1992, c. 68, s. 112; 1997, c. 87, s. 33.

113. Regulations made under sections 111 and 112 may vary according to institutions, educational services, programs, vocational education programs or categories of persons.

1992, c. 68, s. 113.

114. Draft regulations referred to in sections 111 and 112 are subject to examination by the Commission.

1992, c. 68, s. 114.

CHAPTER VIII SUPERVISION

115. Every person generally or specially designated by the Minister for that purpose may, to ascertain whether the provisions of this Act and the regulatory instruments are being complied with,

(1)  enter, at any reasonable time, the facilities of any private educational institution governed by this Act;

(2)  examine and make copies of any register or document relating to activities governed by this Act;

(3)  require any information or document relating to the application of this Act.

1992, c. 68, s. 115.

116. On request, the person designated by the Minister must identify himself and show a certificate, signed by the Minister, attesting his capacity.

1992, c. 68, s. 116.

117. No person designated by the Minister may be prosecuted for acts done in good faith in the performance of his duties.

1992, c. 68, s. 117.

118. The Minister or any person designated by him may inquire into any matter relating to the quality of educational services governed by this Act, or to the administration, organization or operation of a private educational institution.

The Minister or the person designated by him is, for the purposes of the inquiry, vested with the powers and immunity of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.

1992, c. 68, s. 118.

CHAPTER IX ADMINISTRATIVE SANCTIONS

DIVISION I MODIFICATION AND REVOCATION OF PERMITS

119. The Minister may, after consulting the Commission, modify or revoke a permit where its holder

(1)  no longer meets the conditions fixed by this Act for the issue or renewal of the permit;

(2)  does not comply with the conditions, restrictions or prohibitions relating to his institution;

(3)  no longer has at his disposal the required or adequate human or material resources for dispensing the educational services for which the permit was issued;

(4)  fails to maintain in force or make up the security prescribed by government regulations;

(5)  has ceased to dispense the services for which his permit was issued;

(6)  is or is about to become insolvent;.

(7)  contravenes section 78.1 or 78.2 of the Charter of the French language (chapter C-11).

1992, c. 68, s. 119; 2010, c. 23, s. 14.

120. The Minister may, instead of modifying or revoking the permit of a holder for a reason mentioned in paragraph 1, 2 or 3 of section 119, order the holder to apply the corrective measures he indicates within the time limit he fixes.

If the holder does not comply with the order, the Minister may modify or revoke his permit.

1992, c. 68, s. 120.

121. The Minister must, before modifying or revoking a permit, notify the institution in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow it at least 10 days to present observations.

The Minister must give notice of his decision in writing, and include the reasons which led to that decision, to the institution whose permit is modified or revoked.

1992, c. 68, s. 121; 1997, c. 43, s. 227.

121.1. Every decision made by the Minister may, within 60 days of notification of the decision, be contested before the Administrative Tribunal of Québec.

1997, c. 43, s. 228.

DIVISION II MODIFICATION AND REVOCATION OF ACCREDITATION

122. Accreditation is modified or revoked by operation of law where the permit is modified pursuant to section 119 or revoked.

Accreditation is also revoked by operation of law if the institution refuses or neglects to receive for a given school year the subsidy to which it would be entitled by virtue of an accreditation.

1992, c. 68, s. 122; 2010, c. 23, s. 15.

122.1. The revocation provided for in the second paragraph of section 122 takes effect on 1 July of the school year following that for which it refuses or neglects to receive the subsidy.

However, for the purposes of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and the Act respecting the Pension Plan of Management Personnel (chapter R-12.1), the revocation takes effect on 1 January following that date.

2010, c. 23, s. 16.

123. The Minister may, after consulting the Commission, modify or revoke an institution’s accreditation for purposes of subsidies where

(1)  accreditation was granted on the basis of false or misleading information;

(2)  the institution does not comply with the conditions, restrictions or prohibitions applicable to it;

(3)  he considers it necessary by reason of a change that has occurred in the institution’s situation, taking into account the grounds on which accreditation was based.

1992, c. 68, s. 123.

124. The Minister must, before exercising the powers provided for in section 123, notify the institution in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow it at least 10 days to present observations.

The Minister must give notice of his decision in writing, and include the reasons which led to that decision, to the institution whose accreditation for purposes of subsidies is modified or revoked.

1992, c. 68, s. 124; 1997, c. 43, s. 229.

DIVISION III WITHHOLDING OF SUBSIDIES

125. The Minister may withhold or cancel all or part of the amount of a subsidy intended for an institution, other than a subsidy for student transportation, in cases of refusal or neglect to comply with the conditions, restrictions or prohibitions relating to the institution.

1992, c. 68, s. 125.

126. An accredited institution which does not comply with the provisions of section 72 or 73 of the Charter of the French language (chapter C-11) or the regulations made under section 80 or 81 of that Act is not eligible for the subsidies applicable to the level of instruction concerned for the school year of non-compliance.

1992, c. 68, s. 126.

127. The Minister may withhold or cancel all or part of the amount of any subsidy for student transportation where any of the provisions of section 62 or 92 or a provision to which section 62 refers is not complied with.

1992, c. 68, s. 127; 1997, c. 96, s. 182.

CHAPTER X PENAL PROVISIONS

128. Every person who contravenes any of the provisions of sections 10, 11 and 55 is liable to a fine of $500 to $5,000 in the case of a natural person, or, in the case of a legal person, to a fine of $1,000 to $10,000.

1992, c. 68, s. 128.

129. Every person who, without holding a permit issued by the Minister for the institution and the educational services in question, leads others to believe that he operates or is authorized to operate a private educational institution dispensing educational services belonging to a category contemplated in section 1 or pursuing the same objectives is liable to a fine of $500 to $5,000 in the case of a natural person, or, in the case of a legal person, to a fine of $1,000 to $10,000.

1992, c. 68, s. 129.

130. Every person who transfers his permit without being authorized thereto by the Minister is liable to a fine of $100 to $500 in the case of a natural person, or, in the case of a legal person, to a fine of $200 to $1,000.

1992, c. 68, s. 130.

131. Every institution which contravenes any of the provisions of section 56 is liable to a fine of $100 to $500 in the case of a natural person, or, in the case of a legal person, to a fine of $200 to $1,000.

1992, c. 68, s. 131.

132. Every person who contravenes any of the provisions of sections 22 and 63 is liable to a fine of $100 to $2,000 in the case of a natural person, or, in the case of a legal person, to a fine of $200 to $4,000.

1992, c. 68, s. 132.

133. Every person who contravenes any of the provisions of sections 59, 67, 68, 70 and 93 is liable to a fine of $100 to $2,000 in the case of a natural person, or, in the case of a legal person, to a fine of $200 to $4,000.

1992, c. 68, s. 133.

134. Every person who furnishes to the Minister, under sections 22, 64, 80 and 92 information he knows to be false or misleading or who allows such information to be entered in a school record or a register kept under section 63 or in a statement, report or other document which he forwards to the Minister under sections 64, 65, 80, 92 and 94 is liable to a fine of $500 to $5,000 in the case of a natural person, or, in the case of a legal person, to a fine of $1,000 to $10,000.

1992, c. 68, s. 134.

135. Every institution which contravenes a provision of a regulation made under paragraph 5 or paragraph 6 of section 111 the violation of which constitutes an offence is liable to a fine of $100 to $2,000 in the case of a natural person, or, in the case of a legal person, to a fine of $200 to $4,000.

1992, c. 68, s. 135.

136. In the case of a second offence, the fines prescribed for the offence concerned shall be doubled.

1992, c. 68, s. 136.

137. Where a legal person commits an offence under this Act, any director, officer or representative of that legal person who prescribed or authorized the act or the omission which constitutes the offence or who consented thereto is a party to the offence and is liable to the prescribed penalty.

1992, c. 68, s. 137; 1999, c. 40, s. 119.

CHAPTER XI CONSEQUENTIAL AMENDMENTS

CHARTER OF THE FRENCH LANGUAGE

138. (Amendment integrated into c. C-11, s. 72).

1992, c. 68, s. 138.

ACT RESPECTING MUNICIPAL TAXATION

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

1992, c. 68, s. 139.

140. (Amendment integrated into c. F-2.1, s. 236).

1992, c. 68, s. 140.

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

1992, c. 68, s. 141.

TAXATION ACT

142. (Amendment integrated into c. I-3, s. 1029.8.22).

1992, c. 68, s. 142.

EDUCATION ACT

143. (Amendment integrated into c. I-13.3, s. 15).

1992, c. 68, s. 143.

144. (Amendment integrated into c. I-13.3, s. 213).

1992, c. 68, s. 144.

145. (Amendment integrated into c. I-13.3, s. 215).

1992, c. 68, s. 145.

146. (Amendment integrated into c. I-13.3, s. 294).

1992, c. 68, s. 146.

147. (Amendment integrated into c. I-13.3, s. 296).

1992, c. 68, s. 147.

ACT RESPECTING THE MINISTÈRE DE L’ÉDUCATION

148. (Amendment integrated into c. M-15, s. 5).

1992, c. 68, s. 148.

ACT RESPECTING THE MINISTÈRE DE L’ENSEIGNEMENT SUPÉRIEUR ET DE LA SCIENCE

149. (Amendment integrated into c. M-15.1.1, s. 5).

1992, c. 68, s. 149.

150. (Amendment integrated into c. M-15.1.1, s. 11).

1992, c. 68, s. 150.

CONSUMER PROTECTION ACT

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

1992, c. 68, s. 151.

152. (Amendment integrated into c. P-40.1, s. 190).

1992, c. 68, s. 152.

ACT RESPECTING THE GOVERNMENT AND PUBLIC EMPLOYEES RETIREMENT PLAN

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

1992, c. 68, s. 153.

154. (Amendment integrated into c. R-10, Schedule II).

1992, c. 68, s. 154.

ACT RESPECTING THE TEACHERS PENSION PLAN

155. (Amendment integrated into c. R-11, Schedule I).

1992, c. 68, s. 155.

OTHER PROVISIONS

156. In any Act, regulation, ordinance, order in council, order, contract or any other document, a reference to the Act respecting private education (chapter E-9) or to one of its provisions is, unless the context indicates otherwise, a reference to this Act or to the corresponding provision of this Act.

1992, c. 68, s. 156.

157. (Omitted).

1992, c. 68, s. 157.

157.1. For the purpose of determining the amount of the transfer duties under the Act respecting duties on transfers of immovables (chapter D‐15.1), the basis of imposition is the amount of the consideration furnished for the transfer of the immovable or the amount of the consideration stipulated for the transfer, whichever is greater, notwithstanding the second paragraph of section 2 of that Act, where

(1)  the transferor is a religious community or a non-profit organization devoted to private education;

(2)  the transferee is a non-profit private educational institution; and

(3)  the transfer is made to enable the transferee to use the immovable for private education purposes.

2000, c. 54, s. 36.

CHAPTER XII MISCELLANEOUS AND TRANSITIONAL PROVISIONS

158. The following are deemed to be permits issued under this Act, to the extent that they concern educational services to which this Act applies and, unless their period of validity begins on 1 July 1993 or thereafter, to the extent that those services were dispensed during the school year 1992-93:

(1)  permits issued under the Act respecting private education (chapter E-9) or referred to in section 72 of that Act;

(2)  declarations of public interest and recognition for purposes of grants made under that Act.

1992, c. 68, s. 158.

159. Every permit referred to in section 158 shall expire on the date fixed in the permit, the declaration of public interest or the recognition for purposes of grants; if more than one date is fixed, the earliest date shall be the date of expiry.

If there is no mention of a date of expiry, the permit shall expire on 30 June 1994.

1992, c. 68, s. 159.

160. Permits referred to in section 158 shall be renewed in accordance with the provisions of this Act.

On renewing a permit, the Minister shall rectify any mention on the permit to make it consistent with the educational services dispensed by the institution, subject to the modifications made pursuant to this Act and the terminology used in this Act; in addition, he may exercise the powers provided for in sections 15 and 16 and the third paragraph of section 18.

However, in the case of a declaration of public interest or a recognition for purposes of grants made without a date of expiry with regard to educational services belonging to a category listed in paragraphs 1 to 3, 5 and 7 of section 1, the permit to dispense such services must be renewed without a date of expiry and without its holder being bound to meet the conditions provided for in the second paragraph of section 18.

1992, c. 68, s. 160.

161. Declarations of public interest and recognitions for purposes of grants made under the Act respecting private education (chapter E-9), are deemed to be accreditations for purposes of subsidies granted under this Act.

The Minister may, after consulting the Commission, determine the maximum number of full-time students of an institution to which the first paragraph applies giving entitlement to subsidies for each program of technical studies or vocational education program, in cases where that number is not specified on the declaration of public interest or recognition for purposes of grants.

1992, c. 68, s. 161; 1993, c. 25, s. 34.

162. The Minister shall make his decision on any application for the issue, renewal or modification of a permit in relation to a private educational institution in the conditions prescribed by this Act, to be valid from a date after 30 June 1993, whether the application is made before or after 22 December 1992.

Every application for the issue, renewal or modification of a declaration of public interest or recognition for purposes of grants, to be valid from a date after 30 June 1993, shall be treated both as an application for a permit in accordance with the first paragraph and as an application for accreditation for purposes of subsidies, whether the application is made before or after 22 December 1992.

Subparagraph 1 of the first paragraph of section 12, subparagraph 1 of the second paragraph of section 18 and section 80 do not apply with respect to such an application. However, the Minister may require from the applicant any document or information he considers necessary for making his decision; he shall suspend the examination of an application until he receives the required documents or information.

The Minister shall consult the Commission regarding every application for renewal.

1992, c. 68, s. 162.

163. For the purpose of calculating, under section 87, the base amounts for each student enrolled in preschool and elementary education for each school year mentioned below, the base amounts for the preceding school year must be replaced by the amounts obtained

(1)  for the school year 1993-94, by increasing the base amounts for the school year 1992-93 as determined by the Government for institutions declared to be of public interest under section 14.1 of the Act respecting private education (chapter E-9) by 1.25%;

(2)  for the school year 1994-95, by increasing the base amounts for the school year 1992-93 referred to in paragraph 1 by 5% and applying to the results obtained the rates of variation in the subsidies paid for similar services to school boards for the school year 1993-94, excluding, however, expenses inherent in public education.

1992, c. 68, s. 163.

164. For the purpose of calculating, under section 87, the base amount for each student enrolled in secondary education for each school year mentioned below, the base amount for the preceding school year must be replaced by the amount obtained

(1)  for the school year 1993-94, by increasing the base amount for the school year 1992-93 as determined by the Government for institutions declared to be of public interest under section 14.1 of the Act respecting private education (chapter E-9) by 1.25%;

(2)  for the school year 1994-95, by increasing the base amount for the school year 1992-93 referred to in paragraph 1 by 3.2% and applying to the results obtained the rates of variation in the subsidies paid for similar services to school boards for the school year 1993-94, excluding, however, expenses inherent in public education.

1992, c. 68, s. 164.

165. For the purpose of calculating, under section 87, the base amounts for each student enrolled full-time in college level education for each term of the school year 1993-94, the base amounts of the preceding school year shall be one half of the base amounts for the school year 1992-93, as determined by the Government for institutions declared to be of public interest under section 14.1 of the Act respecting private education (chapter E-9).

1992, c. 68, s. 165.

166. For the purposes of section 88 of this Act, the declaration of public interest or recognition for purposes of grants of an educational institution for handicapped children made pursuant to section 36 of the Act respecting private education (chapter E-9) shall be regarded as an authorization referred to in paragraph 2 of section 14 of this Act.

1992, c. 68, s. 166.

167. The appointment of the members of the Commission consultative de l’enseignement privé shall expire on 30 June 1993.

The members may, however, remain in office until reappointed or replaced pursuant to this Act.

For the purposes of the third paragraph of section 97, terms served before a member’s appointment under this Act, if any, shall not be taken into account.

1992, c. 68, s. 167.

168. The Government, the Minister and private educational institutions may, before 1 July 1993, validly exercise the functions and powers provided for in this Act and in the basic school regulations referred to in this Act, in order to give effect to the provisions of this Act from 1 July 1993.

1992, c. 68, s. 168.

169. Regulations and decisions made by the Government, by the Minister of Education, by the Minister of Higher Education and Science or by the Minister of Transport under the Act respecting private education (chapter E-9), or under a provision referred to in that Act, or under section 30 of the Act respecting the Conseil supérieur de l’éducation (chapter C-60) and applicable to persons or institutions governed by this Act shall remain applicable to those persons or institutions to the extent that they are compatible with this Act, until they are replaced or repealed under this Act or until their object is achieved; such regulations and such decisions are deemed to have been made by the authority having jurisdiction under this Act.

1992, c. 68, s. 169.

170. Notwithstanding sections 34, 44 and 45 of this Act, a private educational institution which, on 30 June 1993, is authorized to dispense an institutional program of studies recognized by the Minister under section 43 or 44 of the Act respecting private education (chapter E-9), may continue to dispense that program until the date of expiry of its permit.

1992, c. 68, s. 170.

171. This Act replaces the Act respecting private education (chapter E-9).

The latter Act shall, from 1 January 1993, cease to apply in relation to self-improvement education within the meaning of paragraph d of section 1 of the said Act, except sections 60 to 63 which shall continue to apply to educational service contracts entered into before that date in respect of the dispensing of self-improvement education.

In addition, the Act respecting private education (chapter E-9) shall not apply to subsidies for the school year 1993-94.

1992, c. 68, s. 171.

172. Every contract for services of successive performance entered into after 31 December 1992, which has as its object the dispensation of self-improvement education, shall be governed by Division VI of Chapter III of Title I of the Consumer Protection Act (chapter P-40.1), subject to any contrary provision of a regulation made under paragraph r of section 350 of that Act which takes effect after 31 December 1992.

1992, c. 68, s. 172; 1993, c. 25, s. 35; 1999, c. 40, s. 119.

173. The provisions of sections 60 to 63 of the Act respecting private education (chapter E-9) continue to apply to educational service contracts referred to in section 66 of this Act that were entered into before 1 July 1993.

Such contracts are, for the purposes of paragraph e of section 188 of the Consumer Protection Act (chapter P-40.1), subject to this Act.

The security prescribed by government regulation is, with respect to such contracts, intended to guarantee the obligations referred to in the abovementioned sections 60 to 63.

1992, c. 68, s. 173; 1999, c. 40, s. 119.

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

1992, c. 68, s. 174; 1993, c. 51, s. 68; 1994, c. 16, s. 50; 1997, c. 96, s. 183; 2005, c. 28, s. 195.

As regards higher education, the functions of the Minister of Education, Recreation and Sports provided for in this Act are assigned to the Minister of Higher Education, Research, Science and Technology. Order in Council 878-2012 dated 20 September 2012, (2012) 144 G.O. 2 (French), 4872.

175. (Repealed).

1992, c. 68, s. 175; 2000, c. 24, s. 55.

176. (This section ceased to have effect on 1 July 1998).

1992, c. 68, s. 176; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

177. Sections 139 to 141 have effect for the purposes of each municipal fiscal year from the 1994 fiscal year.

Section 154 has effect from 17 December 1987.

1992, c. 68, s. 177.

178. (Omitted).

1992, c. 68, s. 178.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 68 of the statutes of 1992, in force on 1 March 1993, is repealed, except section 178, effective from the coming into force of chapter E-9.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 1 to 153, 155, 156, 158 to 161, 167, 169, 170, the first paragraph of section 171, sections 173 to 176 and the first paragraph of section 177 of chapter 68 of the statutes of 1992, in force on 1 September 1993, are repealed effective from the coming into force of the updating to 1 September 1993 of chapter E-9.1 of the Revised Statutes.