I-13.02 - Act respecting the Institut de tourisme et d’hôtellerie du Québec

Updated to 3 June 2022

This document has official status.

chapter I-13.02

Act respecting the Institut de tourisme et d’hôtellerie du Québec

DIVISION I ESTABLISHMENT AND ORGANIZATION

1. An institute called the “Institut de tourisme et d’hôtellerie du Québec” is hereby established.

1988, c. 11, s. 1.

2. The institute is a legal person.

1988, c. 11, s. 2; 1999, c. 40, s. 157.

3. The institute is a mandatary of the State.

The property of the institute forms part of the domain of the State, but the performance of its obligations may be levied against its property.

The institute binds only itself when it acts in its own name.

1988, c. 11, s. 3; 1999, c. 40, s. 157.

4. The institute shall have its head office in the territory of Ville de Montréal at the place determined by the Government. Notice of the location or of any change of location of the head office shall be published in the Gazette officielle du Québec.

1988, c. 11, s. 4; 2000, c. 56, s. 219.

5. The institute shall be administered by a board of directors composed of not fewer than 11 nor more than 15 members, including the chairman and a director general, appointed by the Government, on the recommendation of the Minister, after consultation with the Minister of Education, Recreation and Sports. The composition of the board must tend towards gender parity.

One member of the board shall be a director of the institute designated by the member’s peers. One member of the board shall be a teacher at the institute designated by the member’s peers. One member of the board shall be appointed after consultation with the student body of the institute.

1988, c. 11, s. 5; 1993, c. 51, s. 36; 1994, c. 16, s. 25; 2013, c. 28, s. 143; 2018, c. 18, s. 111.

6. The members of the board of directors shall designate one of their number, other than the director general, to act as vice-chairman.

If the chairman is unable to act, the vice-chairman shall perform the duties of the chairman.

1988, c. 11, s. 6.

7. The chairman and the director general shall be appointed for a term of not over five years, and the other members for a term of not over three years.

Board members may be reappointed twice to serve in that capacity only for a consecutive or non-consecutive term.

In addition to terms served as a board member, the chair of the board may be reappointed twice to serve in that capacity for a consecutive or non-consecutive term.

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

1988, c. 11, s. 7; 2018, c. 18, s. 112.

8. Any vacancy occurring during a term shall be filled by appointment as in section 5.

In addition to any other vacancy, absence from a number of meetings of the board of directors determined by the by-laws of internal management of the institute shall constitute a vacancy in the cases and circumstances indicated therein.

1988, c. 11, s. 8.

9. The chairman shall preside at meetings of the board of directors, see to its proper management and assume all other duties assigned to him under the by-laws of the institute.

1988, c. 11, s. 9.

10. The director general shall be responsible for the management of the institute within the scope of its by-laws. He shall devote his full time to his duties of office.

1988, c. 11, s. 10.

11. The Government shall fix the remuneration, social benefits and other conditions of employment of the director general.

The other members of the board of directors shall receive no remuneration, except in such cases, on such conditions and to such extent as may be determined by the Government. They are, however, entitled, on the conditions and to the extent determined by the Government, to the reimbursement of expenses incurred in the performance of their duties.

1988, c. 11, s. 11.

12. The quorum for meetings of the board of directors shall be a majority of its members, including the chairman or the vice-chairman.

In the event of a tie-vote, the chairman or the vice-chairman, as the case may be, shall have a casting vote.

1988, c. 11, s. 12.

13. A decision of the board of directors signed by all its members has the same force as if it had been made at a regular meeting.

1988, c. 11, s. 13.

14. The other staff members of the institute shall be appointed in accordance with the staffing plan and the standards it establishes.

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

1988, c. 11, s. 14; 2000, c. 8, s. 242; 2018, c. 18, s. 113.

15. Any member of the board of directors, other than the director general, having a direct or indirect interest in an enterprise which places his personal interest in conflict with that of the institute shall, on pain of forfeiture of his office, disclose it in writing to the chairman and abstain from taking part in any debate or voting on any decision bearing upon the enterprise in which he has that interest or taking part in any sitting during which his interest is debated.

On pain of forfeiture of office, the director general and the staff members of the institute shall not have any direct or indirect interest in an enterprise placing their personal interest in conflict with that of the institute. However, forfeiture is not incurred if such an interest devolves to them by succession or gift, provided they renounce or dispose of it with diligence.

1988, c. 11, s. 15; 1988, c. 48, s. 1.

DIVISION II OBJECTS AND POWERS OF THE INSTITUTE

16. The objects of the institute shall be to provide vocational training in the fields of hotel management, restauration and tourism, and to conduct research, supply technical assistance, produce information and provide services in those fields.

Vocational training shall include advanced training activities and retraining activities.

1988, c. 11, s. 16.

17. To achieve its objects, the institute may, among other activities,

(1)  manage and operate hotel and restaurant establishments for educational purposes;

(2)  offer consulting, management and research services in the fields of hotel management, restauration and tourism;

(2.1)  establish a college centre for technology transfer in accordance with the third paragraph of section 17.2 of the General and Vocational Colleges Act (chapter C-29);

(3)  enter into an affiliation agreement with any educational institution of university level, if so authorized by the Minister;

(4)  enter into agreements with any person or body and, according to law, with any government other than that of Québec, with a department of such a government, with an international organization or with an agency of such a government or such an organization for the purpose of carrying out the functions of the institute.

Every agreement entered into by the institute and a school service centre, a school board, a general and vocational college or an educational institution governed by the Act respecting private education (chapter E-9.1) for the purpose of providing vocational instruction at the secondary or college level in the fields of hotel management, restauration or tourism, requires the authorization of the Minister or the Minister of Education, Recreation and Sports.

As regards an agreement entered into under subparagraph 4 of the first paragraph, the Minister or the Minister of Education, Recreation and Sports, according to their respective jurisdictions, is considered responsible for the institute for the purposes of Chapters III and III.1 of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1) and Division II of the Act respecting the Ministère du Conseil exécutif (chapter M-30).

1988, c. 11, s. 17; 1992, c. 68, s. 156; 1993, c. 51, s. 37; 1994, c. 16, s. 26; 2005, c. 28, s. 195; 2013, c. 28, s. 144; 2018, c. 18, s. 114; 2020, c. 1, s. 309.

18. The institute may provide the secondary school vocational training programs and the college-level technical studies programs which have been authorized by the Minister or the Minister of Education, Recreation and Sports, according to their respective jurisdictions. The institute shall consult both ministers if it develops new programs or if it amends existing programs that concern both levels of education.

It may also provide the courses for which it issues a certificate.

The College Education Regulations established under section 18 of the General and Vocational Colleges Act (chapter C-29) apply to the college-level instruction that may be provided by the institute in the field of vocational training, the word “institute” being substituted for the word “college”.

1988, c. 11, s. 18; 1993, c. 26, s. 38; 1993, c. 51, s. 38; 1994, c. 16, s. 27; 2005, c. 28, s. 195; 2013, c. 28, s. 145.

19. The Minister may authorize the institute to provide university-level programs on the conditions he determines.

The Minister may also, on the conditions determined by the Minister, authorize the institute to award the degrees, diplomas, certificates or other attestations of university studies to which a university-level program leads.

The Minister may determine the necessary information, analyses and documents the institute must provide to the Minister before it applies for authorization under this section.

1988, c. 11, s. 19; 1993, c. 26, s. 39; 1993, c. 51, s. 39; 1994, c. 16, s. 28; 2005, c. 28, s. 195; 2013, c. 28, s. 146; 2018, c. 18, s. 115.

20. The Minister of Education, Recreation and Sports, in accordance with the rules he determines, shall award a school leaving certificate to students enrolled in a secondary-level vocational training program.

Diplomas or other attestations relating to college-level programs of technical studies shall be awarded in accordance with the College Education Regulations.

1988, c. 11, s. 20; 1993, c. 26, s. 40; 1993, c. 51, s. 40; 1994, c. 16, s. 29; 2005, c. 28, s. 195.

21. The institute, unless so authorized by the Government, shall not

(1)  build, acquire, alienate or lease an immovable or offer an immovable as security;

(2)  make a financial commitment beyond the limits or terms and conditions determined by the Government;

(3)  contract a loan which increases the total of its unrepaid borrowings to an amount that exceeds the amount determined by the Government.

1988, c. 11, s. 21; 1999, c. 40, s. 157.

22. Where the institute acquires an immovable forming part of the domain of the State, the Act respecting duties on transfers of immovables (chapter D-15.1) does not apply.

1988, c. 11, s. 22; 1991, c. 32, s. 229; 1999, c. 40, s. 157.

23. The institute must comply with any directives concerning its policy directions and policies which may be given to it by the Minister or the Minister of Education, Recreation and Sports, according to their respective jurisdictions, as soon as those directives are approved by the Government.

Every directive of either of those ministers shall be tabled in the National Assembly within 15 days after its approval by the Government if the Assembly is in session or, if it is not sitting, within 15 days after resumption.

1988, c. 11, s. 23; 1994, c. 16, s. 30; 2005, c. 28, s. 195; 2013, c. 28, s. 147.

24. The institute may adopt by-laws concerning the exercise of its powers and its internal management.

Any by-law shall come into force on the date of its approval by the Government or on any later date it determines.

1988, c. 11, s. 24.

DIVISION III DOCUMENTS, ACCOUNTS AND REPORTS

25. No deed, document or writing binds the institute unless it is signed by the chairman or the director general or, to such extent as the institute may determine by by-law, by a member of the staff of the institute.

The institute may, by by-law, upon the conditions and on the documents it determines, allow a signature to be affixed by means of an automatic device or allow a facsimile of the signature to be engraved, lithographed or printed. However, the facsimile has the same force as the signature itself only if the document is countersigned by a person authorized by a by-law of the institute.

1988, c. 11, s. 25.

26. The minutes of the sittings of the board of directors, if approved by the board and signed by the chairman or by any other person authorized to do so by a by-law of the institute, are authentic. The same applies to documents and copies emanating from the institute or forming part of its records when they are signed or certified by an authorized person.

1988, c. 11, s. 26.

27. The fiscal year of the institute ends on 30 June each year.

1988, c. 11, s. 27.

28. Within four months of the end of its fiscal year, the institute shall submit its financial statements and a report of its activities for the previous fiscal year to the Minister and the Minister of Education, Recreation and Sports.

The financial statements and the report of activities must include all the information required by either of those ministers.

1988, c. 11, s. 28; 1994, c. 16, s. 31; 2005, c. 28, s. 195; 2013, c. 28, s. 148.

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

1988, c. 11, s. 29.

30. The institute shall also provide to the Minister or the Minister of Education, Recreation and Sports, as the case may be, any information either minister may require on its activities.

1988, c. 11, s. 30; 2013, c. 28, s. 149.

31. (Repealed).

1988, c. 11, s. 31; 2013, c. 28, s. 150; 2020, c. 5, s. 124.

32. The institute’s books and accounts are audited by the Auditor General every year and whenever so ordered by the Government.

The Auditor General’s report must be submitted with the institute’s activity report and financial statements.

1988, c. 11, s. 32; 2022, c. 19, s. 181.

DIVISION IV FINANCIAL PROVISIONS

33. The Government may, on such terms and conditions as it may fix,

(1)  guarantee the payment in principal and interest of any amount borrowed by the institute;

(2)  guarantee the performance of any obligation of the institute;

(3)  authorize the Minister of Finance to advance to the institute any amount deemed necessary for the pursuit of its objects.

The sums which the Government may be called to pay under the guarantees or to advance to the institute shall be taken out of the Consolidated Revenue Fund.

1988, c. 11, s. 33.

34. The sums received by the institute shall be allocated to the payment of its obligations and, at the request of the Government, the balance shall be paid into the Consolidated Revenue Fund.

1988, c. 11, s. 34.

DIVISION V MISCELLANEOUS AND TRANSITIONAL PROVISIONS

35. The staff members of the administrative unit of the Ministère du Tourisme called the “Institut de tourisme et d’hôtellerie du Québec” in office on 29 June 1988 become, without other formality, the staff members of the institute.

1988, c. 11, s. 35.

36. The movable property belonging to the Government and used, on 29 June 1988, for the operation of the administrative unit referred to in section 35 becomes the movable property of the institute.

The institute is substituted for the Government in all pending cases concerning movable property of the institute.

1988, c. 11, s. 36.

37. All records and other documents of the Ministère du Tourisme which relate to the administrative unit referred to in section 35 become the records and documents of the institute.

1988, c. 11, s. 37.

38. The institute or, as the case may be, the chairman of the institute, is substituted for the Government or, as the case may be, for the Minister of Tourism in any proceedings relating to the administrative unit referred to in section 35 and to which the Government or the Minister of Tourism is a party, without continuance of suit.

The director general is substituted for the Deputy Minister of Tourism in any proceedings relating to a staff member of the administrative unit referred to in section 35 and to which the Deputy Minister of Tourism is a party.

1988, c. 11, s. 38.

39. The institute acquires the rights and shall assume the obligations of the administrative unit referred to in section 35.

1988, c. 11, s. 39.

40. Notwithstanding section 19, the institute may continue to provide, until 31 May 1991, the program called “Programme de maîtrise des sciences et techniques du tourisme” as it is provided on 29 June 1988 by the administrative unit referred to in section 35.

1988, c. 11, s. 40.

41. The appropriations granted in 1988-89 to the Ministère du Tourisme for the Institut de tourisme et d’hôtellerie du Québec shall be transferred to the institute to the extent determined by the Government.

Any additional sums required for the carrying out of this Act for the fiscal year 1988-89 shall, to the extent determined by the Government, be taken out of the Consolidated Revenue Fund.

1988, c. 11, s. 41.

42. The Minister of Higher Education, Research, Science and Technology is responsible for the administration of this Act.

1988, c. 11, s. 42; 1994, c. 16, s. 32; 2005, c. 28, s. 195; 2013, c. 28, s. 151.

43. (Omitted).

1988, c. 11, s. 43.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 11 of the statutes of 1988, in force on 1 March 1989, is repealed, except section 43, effective from the coming into force of chapter I-13.02 of the Revised Statutes.