M-15.1.0.1 - Act respecting the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie

Updated to 1 April 2015

This document has official status.

chapter M-15.1.0.1

Act respecting the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie

The Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie is designated under the name of Ministère de l’Enseignement supérieur. Order in Council 654-2020 dated 22 June 2020, (2020) 152 G.O. 2 (French), 2935.

CHAPTER I RESPONSIBILITY OF THE MINISTER

1. The Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie is under the direction of the Minister of Higher Education, Research, Science and Technology, appointed under the Executive Power Act (chapter E-18).

2013, c. 28, s. 1.

The Minister of Higher Education, Research, Science and Technology is designated under the name of Minister of Higher Education. The Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie is designated under the name of Ministère de l’Enseignement supérieur. Order in Council 1644-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6517.

2. The mission of the Minister is to support the development and promote the quality of college education and university education in order to facilitate access to the highest forms of knowledge and culture, including through skill and knowledge development, for every person who has the will and the ability to pursue them.

A further mission of the Minister is to contribute to the development of research, especially fundamental and applied research, and of science, innovation and technology, including in academic, industrial and social environments, in a sustainable development perspective, mainly by promoting access to knowledge, economic development, social progress and respect for the environment. To that end, the Minister promotes synergy among the various players concerned.

2013, c. 28, s. 2.

3. The Minister is to develop policy directions and policies in the areas within the Minister’s jurisdiction and propose them to the Government. A national research and innovation policy is among the policies the Minister is to develop.

The Minister is to coordinate and follow up on the implementation of those policy directions and policies.

2013, c. 28, s. 3.

4. The functions of the Minister are, more particularly, to

(1)  promote higher education, research, science, innovation and technology and, in those fields, foster cooperation between the various players and cohesive government action and extend Québec’s influence both within Canada and abroad;

(2)  support and contribute to the development of those fields and to raising the level of scientific, cultural and professional achievement among the population of Québec;

(3)  promote the development of higher education institutions and see to the quality of the services provided, in connection with the Minister’s mission, by such institutions;

(4)  promote the integrity, enhancement and quality of research activities;

(5)  contribute to the effectiveness of government economic development initiatives through research-, science-, innovation- or technology-related measures;

(6)  take coordinated action with the Minister of Education, Recreation and Sports to foster the continuity, development and integration of educational pathways;

(7)  manage all financial assistance programs established by the Act respecting financial assistance for education expenses (chapter A-13.3);

(8)  participate, with the ministers concerned and within the scope of Canadian intergovernmental affairs policy and international affairs policy, in devising and implementing external cooperation programs in sectors in which exchanges are conducive to the development of the fields within the Minister’s jurisdiction; and

(9)  advise the Government and government departments and bodies and make recommendations, where appropriate.

In addition, the Minister assumes any other responsibility conferred on the Minister by the Government.

2013, c. 28, s. 4.

5. In the pursuit of the Minister’s mission, the Minister may, among other things,

(1)  grant financial assistance out of the sums put at the Minister’s disposal for that purpose, subject to the conditions determined by the Minister;

(2)  obtain the necessary information from government departments and any public body to which the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) applies, and from any private body;

(3)  enter into agreements, subject to the applicable legislative provisions, with a government other than that of Québec, with a department or body of such a government, or with an international organization or one of its agencies;

(4)  conduct or commission research, studies and analyses; and

(5)  provide any person, group or body with the services the Minister considers necessary.

2013, c. 28, s. 5.

6. A sharing of resources and services between the Minister and the Minister of Education, Recreation and Sports is to be encouraged whenever it can be instrumental in their pursuit of objectives associated with the continuity, development and integration of educational pathways or their fulfillment of efficiency and cost-benefit requirements in the management of human, financial, physical and information resources.

2013, c. 28, s. 6.

7. The Minister may delegate certain powers to the Deputy Minister, to a public servant or the holder of a position within the department or within another government department or a body whose personnel is appointed under the Public Service Act (chapter F-3.1.1), after consulting with the minister responsible for the department or the body’s chief executive officer.

The Minister may, in writing, authorize the subdelegation of specified powers.

2013, c. 28, s. 7.

CHAPTER II ORGANIZATION OF THE DEPARTMENT

8. The Government appoints a person as Deputy Minister of Higher Education, Research, Science and Technology, in accordance with the Public Service Act (chapter F-3.1.1).

2013, c. 28, s. 8.

9. Under the direction of the Minister, the Deputy Minister administers the department.

The Deputy Minister also exercises any other function assigned by the Minister or the Government.

2013, c. 28, s. 9.

10. In exercising deputy-ministerial functions and powers, the Deputy Minister has the authority of the Minister.

2013, c. 28, s. 10.

11. The Deputy Minister may delegate any power assigned to the Deputy Minister to any public servant or holder of a position within the department. The Deputy Minister may likewise delegate any power to a person within another department or in a body described in section 7, after consulting with the minister responsible for the department or the body’s chief executive officer.

The Deputy Minister may, in writing, authorize the subdelegation of specified powers.

2013, c. 28, s. 11.

12. The personnel of the department consists of the public servants needed to exercise the Minister’s functions; they are appointed in accordance with the Public Service Act (chapter F-3.1.1).

The Minister is to determine the duties of the public servants to the extent that they are not determined by law or by the Government.

2013, c. 28, s. 12.

13. The signature of the Minister or Deputy Minister gives authority to any document emanating from the department.

A deed, document or writing is binding on or may be attributed to the Minister only if it is signed by the Minister, the Deputy Minister, a personnel member of the department or the holder of a position and, in the last two cases, only so far as determined by the Minister.

2013, c. 28, s. 13.

14. The Minister may allow a required signature to be affixed by an automatic device or any other technology-based process, subject to the conditions the Minister determines.

2013, c. 28, s. 14.

15. A document or copy of a document emanating from the department or forming part of its records, signed or certified true by the Deputy Minister or any other authorized person, is authentic.

2013, c. 28, s. 15.

16. The Minister is to table a report on the activities of the department for each fiscal year in the National Assembly within four months of the end of the fiscal year or, if the Assembly is not sitting, within 15 days of resumption.

2013, c. 28, s. 16.

CHAPTER III FUNDS

DIVISION I UNIVERSITY EXCELLENCE AND PERFORMANCE FUND

17. A fund to be known as the University Excellence and Performance Fund is established within the department.

The purpose of the Fund is to finance the educational institutions at the university level listed in section 1 of the Act respecting educational institutions at the university level (chapter E-14.1).

More particularly, the Fund is dedicated to

(1)  paying to each institution financial assistance determined annually according to the gifts and legacies paid into it, the growth of those gifts and legacies, and the number of students registered at the institution;

(2)  financing the institutions according to, for each one, first, their success in achieving objectives of paying off their accumulated deficits, and second, their success in improving the quality of teaching and student services; and

(3)  supporting excellence in research.

2013, c. 28, s. 17.

18. The following are credited to the Fund:

(1)  the sums transferred to the Fund by the Minister of Finance under section 54 of the Financial Administration Act (chapter A-6.001);

(2)  the sums transferred to the Fund by the Minister out of the appropriations allocated for that purpose by Parliament;

(2.1)  the sums paid into the Fund by the Société du Plan Nord under an agreement providing for their allocation, in accordance with section 21 of the Act respecting the Société du Plan Nord (chapter S-16.011);

(3)  the gifts, legacies and other contributions paid into the Fund to further the achievement of its objects; and

(4)  the revenue generated by the sums credited to the Fund.

2013, c. 28, s. 18; 2014, c. 16, s. 79.

19. Despite section 53 of the Financial Administration Act (chapter A-6.001), the Minister may not, as the person responsible for the Fund, borrow from the Minister of Finance sums credited to the Financing Fund established under the Act respecting the Ministère des Finances (chapter M-24.01).

2013, c. 28, s. 19.

20. The surpluses accumulated by the Fund are transferred to the general fund on the dates and to the extent determined by the Government.

2013, c. 28, s. 20.

DIVISION II QUÉBEC RESEARCH FUND

§ 1 . — Establishment and organization

21. The following bodies are hereby established:

(1)  the “Québec Research Fund–Nature and Technology” ;

(2)  the “Québec Research Fund–Health” ;

(3)  the “Québec Research Fund–Society and Culture”.

2013, c. 28, s. 21.

22. Each fund is a legal person.

2013, c. 28, s. 22.

23. Each fund is a mandatary of the State.

The property of each fund is part of the domain of the State but the performance of its obligations may be levied against its property.

Each fund binds only itself when it acts in its own name.

2013, c. 28, s. 23.

24. Each fund has its head office at the place determined by the Government. Notice of the location or of any transfer of the head office is published in the Gazette officielle du Québec.

2013, c. 28, s. 24.

25. Each fund is administered by a board of directors composed of an odd number of not more than 15 members, including the chief scientist and the scientific director, appointed by the Government.

The Government may appoint observers to each fund. The observers participate in the meetings of the fund but have no vote.

2013, c. 28, s. 25.

26. The Government chooses the chief scientist from among at least three persons approved by a committee following a selection process established by the Government. The committee is to be composed of at least three members appointed by the Government.

The selection process does not apply to a chief scientist whose term is renewed. However, within six months prior to the expiry of the chief scientist’s term, each board of directors carries out a performance evaluation and sends it to the Minister, along with recommendations as to the advisability of renewing the chief scientist’s term.

The Government determines the remuneration, employee benefits and other conditions of employment of the chief scientist. The office of chief scientist is a full-time position.

2013, c. 28, s. 26.

27. The Government appoints a scientific director to each fund, on the recommendation of that fund’s board of directors. The scientific director ensures that the activities of the fund are properly run.

If the board of directors refuses or neglects to make the recommendation required under the first paragraph, the Government may appoint a scientific director after notifying the members of the board.

Within six months prior to the expiry of the scientific director’s term, the board of directors includes with the recommendation provided for in the first paragraph an evaluation of the scientific director’s performance.

The Government determines the remuneration, employee benefits and other conditions of employment of the scientific director. The office of scientific director is a full-time position.

2013, c. 28, s. 27.

28. The members of the board of directors designate a vice-chair from among their number.

2013, c. 28, s. 28.

29. The chief scientist is the chair of the board of directors of all three funds, and is responsible for calling meetings and ensuring that they run smoothly. The chief scientist exercises the powers assigned by the by-laws of each fund and the functions assigned by the boards of directors.

If absent from a board meeting, the chief scientist is replaced by the vice-chair of the board.

2013, c. 28, s. 29.

30. The chief scientist and the scientific director are appointed for not over five years.

The other members are appointed for not over three years.

2013, c. 28, s. 30.

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

The appointment of the chief scientist and the scientific director may be renewed more than once; the appointment of the other members may be renewed only once.

2013, c. 28, s. 31.

32. Every vacancy occurring during a term of office is filled in accordance with the mode of appointment prescribed in section 25, 26, 27 or 28, as applicable.

Absence from a number of meetings determined by the internal by-laws of each fund constitutes a vacancy, in the cases and circumstances specified by the by-laws.

2013, c. 28, s. 32; I.N. 2014-02-01.

33. The chief scientist advises the Minister on the development of research and science and, in accordance with the mandate assigned by the Minister, works to enhance Québec’s position and influence in Canada and internationally.

The chief scientist coordinates efforts on issues that are common to the three funds, as well as intersectoral research activities.

The chief scientist is also responsible for administering the human, physical, financial and information resources of the three funds, and for consolidating and integrating the administrative activities of the funds.

2013, c. 28, s. 33.

34. The members of the boards of directors other than the chief scientist and the scientific directors are not remunerated except in the cases, on the conditions and to the extent that may be determined by the Government. However, they are entitled to a reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.

2013, c. 28, s. 34.

35. In no case may the chief scientist or scientific directors, under pain of forfeiture of office, have any direct or indirect interest in an undertaking, body or association causing their personal interest to conflict with that of the fund. However, such forfeiture is not incurred if such an interest devolves to them by succession or gift, provided that they renounce or dispose of it with all possible dispatch.

Any other member of the board of directors who has any interest in such an undertaking, body or association must, under pain of forfeiture of office, disclose it in writing to the chief scientist and abstain from participating in any deliberation and any decision concerning that undertaking, body or association. Such a board member must also withdraw from a meeting for the duration of the deliberations and the vote on the issue.

This section does not prevent a board member from expressing an opinion on general measures relating to conditions of employment within the fund which would also apply to the board member.

2013, c. 28, s. 35.

36. Each fund may establish offices at places it determines and may hold its sittings anywhere in Québec.

The quorum at meetings of the board of directors is over one half of the members of the board of directors of the fund.

In case of a tie vote, the chief scientist has a casting vote.

2013, c. 28, s. 36.

37. Every decision signed by all the members of the board of directors has the same force as if it had been taken at a regular sitting.

2013, c. 28, s. 37.

38. The members of the personnel of a fund is appointed in accordance with the staffing plan established by by-law of the fund.

Subject to the provisions of a collective agreement, a fund determines, by by-law, the standards and scales of remuneration, employee benefits and other conditions of employment of the members of its personnel in accordance with the conditions defined by the Government. The by-law may also make them subject to the second paragraph of section 35.

2013, c. 28, s. 38.

§ 2 . — Functions and powers

39. The functions of the Québec Research Fund–Nature and Technology are

(1)  to promote and provide financial support for research in the fields of natural sciences, mathematical sciences and engineering;

(2)  to promote and provide financial support for the dissemination of scientific knowledge in fields of research related to natural sciences, mathematical sciences and engineering;

(3)  to promote and provide financial support for the training of researchers through achievement scholarships to graduate and postgraduate students and to persons who engage in postdoctoral research, and through professional development scholarships to persons who wish to re-enter the research community and through grants that allow the teaching duties of college level professors engaging in research activities to be reduced;

(4)  to create any necessary partnership, in particular with universities, colleges and the industry, and the government departments and public and private bodies concerned.

2013, c. 28, s. 39.

40. The functions of the Québec Research Fund–Health are

(1)  to promote and provide financial support for all areas of research in the field of health, including basic, clinical and epidemiological research, research in the field of public health and research in the field of health services;

(2)  to promote and provide financial support for the dissemination of scientific knowledge in fields of health research;

(3)  to promote and provide financial support for the training of researchers through achievement scholarships to graduate and postgraduate students and to persons who engage in postdoctoral research, and through professional development scholarships to persons who wish to re-enter the research community and through grants that allow the teaching duties of college level professors engaging in research activities to be reduced;

(4)  to create any necessary partnership, in particular with universities, colleges and health care institutions, and the government departments and public and private bodies concerned.

2013, c. 28, s. 40.

41. The functions of the Québec Research Fund–Society and Culture are

(1)  to promote and provide financial support for the development of research in the fields of social and human sciences and the field of education, management, arts and letters;

(2)  to promote and provide financial support for the dissemination of knowledge in fields of research related to social and human sciences and to education, management, arts and letters;

(3)  to promote and provide financial support for the training of researchers through achievement scholarships to graduate and postgraduate students and to persons who engage in postdoctoral research, and through professional development scholarships to persons who wish to re-enter the research community and through grants that allow the teaching duties of college level professors engaging in research activities to be reduced;

(4)  to create any necessary partnership, in particular with universities, colleges and cultural institutions, and the government departments and public and private bodies concerned.

2013, c. 28, s. 41.

42. Every three years on the date fixed by the Minister, each fund transmits to the Minister a three-year plan of activities describing

(1)  the context in which the fund operates and the main issues it is concerned with;

(2)  the chosen strategic orientations, objectives and courses of action;

(3)  the results to be achieved at the end of the period covered by the plan;

(4)  the performance indicators used to measure the achievement of results.

The plan must indicate separately, for the first year covered, the amounts estimated for the management expenditures of the fund and the amounts estimated for each of the financial support programs.

The plan is submitted to the Government for approval and must take into account the directives that the Minister may give to the fund on its objectives and orientations.

The plan is tabled in the National Assembly within 15 days of its approval by the Government if the Assembly is in session or, if it is not sitting, within 15 days of the opening of the next session or resumption.

2013, c. 28, s. 42.

43. At the beginning of each fiscal year on the date fixed by the Minister, a fund sends the budgetary estimates for the year concerned, along with the list of the activities planned for that year, to the Minister for approval.

2013, c. 28, s. 43.

44. A fund may, within the scope of its plan of activities approved by the Government and on the conditions it determines, grant financial support by way of subsidies and grants.

A fund may also grant financial support in any other manner approved by the Government.

2013, c. 28, s. 44.

45. A financial support program must determine

(1)  the form and content of applications for financial support, the information they must contain and the documents which must accompany them;

(2)  the terms and conditions subject to which financial support may be granted and the criteria for the assessment of applications for financial support;

(3)  the scales and limits of the financial support.

The elements mentioned in subparagraphs 2 and 3 are subject to approval by the Minister.

2013, c. 28, s. 45.

46. A fund may form committees responsible for the assessment of the applications for financial support that are addressed to it.

The members of such committees are not remunerated; they are, however, entitled, to the extent provided by regulation of the Government and on presentation of vouchers, to an attendance allowance and to the reimbursement of reasonable expenses incurred by them in the performance of their duties.

However, committee members delegated by departments and public agencies are not entitled to an attendance allowance.

2013, c. 28, s. 46.

47. A fund may, according to law, enter into any agreement with any government other than that of Québec, any department of such a government, any international organization, or any agency of such a government or organization, in order to carry out its functions.

2013, c. 28, s. 47.

48. A fund must adopt by-laws in accordance with the principles set out in the Act respecting the governance of state-owned enterprises (chapter G-1.02).

Each fund must adopt a policy for examining and dealing with complaints about operations connected with its activities.

2013, c. 28, s. 48.

49. In addition to its functions provided for under this division, each fund implements the financial support programs that are under its authority pursuant to another Act or, with the authorization of the Government and on the conditions it determines, the financial support programs under the authority of a department or a public agency. The fund then carries out its functions in accordance with this subdivision, wherever practicable.

2013, c. 28, s. 49.

50. In no case may a fund, unless authorized by the Government,

(1)  contract a loan that increases its total outstanding borrowings to more than the amount determined by the Government;

(2)  make a contract for a term or amount exceeding that determined by the Government.

No fund may acquire immovables.

2013, c. 28, s. 50.

51. In the pursuit of its objectives, a fund may receive gifts, legacies, subsidies and other contributions, provided that any conditions attached are compatible with the achievement of its mission.

2013, c. 28, s. 51.

52. Each fund advises the Minister on any matter in its area of competence that is submitted to it by the Minister, and makes any recommendations it considers appropriate.

2013, c. 28, s. 52.

§ 3 . — Financial provisions

53. The Government may, on the conditions it determines,

(1)  guarantee any loan contracted by a fund as well as the execution of any of its obligations;

(2)  authorize the Minister of Finance to advance to a fund any amount deemed necessary for the carrying out of its functions.

Any sum that the Government may be called to pay under the guarantees or to advance to a fund is taken out of the Consolidated Revenue Fund.

2013, c. 28, s. 53.

§ 4 . — Documents, accounts and reports

54. No deed, document or writing binds a fund unless it is signed by the chief scientist, the scientific director or a member of the personnel of the fund and, in the case of such a member, only to the extent determined by regulation of the fund.

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

Every by-law made by virtue of this section comes into force 10 days after the date of its publication in the Gazette officielle du Québec or on any later date indicated in it.

2013, c. 28, s. 54.

55. The minutes of the meetings of the board of directors, approved by the board and certified by the chief scientist or any other person authorized by a fund, are authentic. The same applies to documents and copies of documents emanating from a fund or forming part of its records, if they are so certified.

2013, c. 28, s. 55.

56. An intelligible transcription of a decision or other data stored in a computer or in a computer-readable medium by a fund is a document of that fund and constitutes proof of its contents if it is certified by a person referred to in section 54.

2013, c. 28, s. 56.

57. The fiscal year of each fund ends on 31 March.

2013, c. 28, s. 57.

58. Not later than 31 July each year, each fund must transmit to the Minister a report of its activities for the preceding fiscal year.

The report shall, in addition to the information the Minister may prescribe, contain a progress report on the three-year plan approved under section 42.

2013, c. 28, s. 58.

59. The Minister shall table the annual report of a fund in the National Assembly within 30 days of receiving it if the Assembly is in session or, if it is not sitting, within 30 days after the opening of the next session or resumption.

2013, c. 28, s. 59.

60. The books and accounts of the fund are audited every year by the Auditor General and also whenever so ordered by the Government.

The auditor’s report must accompany the annual report of the fund.

2013, c. 28, s. 60.

§ 5 . — Penal provisions

61. Every person who gives false or misleading information in view of obtaining or procuring financial support provided for by this division is guilty of an offence and liable to a fine of not more than $5,000.

2013, c. 28, s. 61.

62. Where a legal person commits an offence against section 61, every director or representative of that legal person who was aware of the offence is deemed to be a party to the offence and is liable to a fine of not more than $5,000 unless he proves to the satisfaction of the court that he did not acquiesce to the commission of the offence.

2013, c. 28, s. 62.

63. No person found guilty of an offence against section 61 or 62 or against section 380 of the Criminal Code (R.S.C. 1985, c. C-46) in connection with financial support contemplated under this chapter may, unless he has been pardoned, obtain financial support under this chapter for a period of two years from the conviction.

2013, c. 28, s. 63.

CHAPTER IV COMMISSION DE L’ÉTHIQUE EN SCIENCE ET EN TECHNOLOGIE

DIVISION I ESTABLISHMENT AND ORGANIZATION

64. The Commission de l’éthique en science et en technologie is established.

2013, c. 28, s. 64.

65. The secretariat of the Commission is located at the place determined by the Government. Notice of the location or any change of location of the secretariat is published in the Gazette officielle du Québec.

2013, c. 28, s. 65.

66. The Commission is composed of 13 members, including a president, appointed by the Government. The members must possess expertise in ethics and be from the university and industrial research communities in the fields of social and human sciences, natural sciences, engineering and biomedical sciences and from the ethics community, the practice communities and civil society.

The Government may appoint an observer at the Commission; the observer participates in meetings of the Commission but is not entitled to vote.

2013, c. 28, s. 66.

67. The members of the Commission, including the president, are appointed for not more than three years.

The term of office of the members may be renewed consecutively only once. At the expiry of their terms of office, the members remain in office until they are replaced or reappointed.

2013, c. 28, s. 67.

68. Any vacancy occurring during the term of office of the members of the Commission is filled in accordance with the mode of appointment prescribed in section 66.

Absence from a number of meetings determined by the by-laws of the Commission constitutes a vacancy in the cases and circumstances specified in the by-laws.

2013, c. 28, s. 68.

69. The president manages the Commission and supervises its personnel.

The Government determines the remuneration, employee benefits and other conditions of employment of the president.

2013, c. 28, s. 69.

70. Members of the Commission other than the president are not remunerated, except in the cases, on the conditions and to the extent determined by the Government. They are, however, entitled to the reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.

2013, c. 28, s. 70.

71. The meetings of the Commission and any committee of the Commission are held in camera. The Commission may invite other persons to take part in one of its meetings, or a meeting of any of its committees.

The Commission may hold its meetings anywhere in Québec.

Six members are a quorum at meetings of the Commission.

In the case of a tie vote, the president has a casting vote.

2013, c. 28, s. 71.

72. The personnel members of the Commission are appointed in accordance with the Public Service Act (chapter F-3.1.1).

2013, c. 28, s. 72.

DIVISION II FUNCTIONS AND POWERS

73. The function of the Commission is to advise the Minister on any matter relating to ethical issues in the areas of science and technology. A further function of the Commission is to promote reflection on those issues.

2013, c. 28, s. 73.

74. In performing its function, the Commission shall give the Minister its opinion on any matter the Minister submits to it relating to ethical issues in the areas of science and technology. The Commission may also take the initiative of submitting advisory opinions to the Minister or making recommendations on any matter within its purview.

Moreover, it must communicate its findings and conclusions to the Minister.

After giving the Minister reasonable notice, the Commission may make public its advisory opinions, recommendations, findings and conclusions.

2013, c. 28, s. 74.

75. The Commission may establish committees for the proper conduct of its work. At the request of the Minister, it must form working groups to examine particular matters.

The members of committees and working groups are not remunerated, except in the cases, on the conditions and to the extent determined by the Government. They are, however, entitled to the reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.

2013, c. 28, s. 75.

76. The Commission must adopt by-laws in accordance with the principles set out in the Act respecting the governance of state-owned enterprises (chapter G-1.02).

2013, c. 28, s. 76.

77. Not later than 31 July each year, the Commission submits to the Minister an activity report for the preceding fiscal year.

The Minister tables the report in the National Assembly within 30 days of receiving it or, if the Assembly is not sitting, within 30 days of resumption.

2013, c. 28, s. 77.

CHAPTER V ADVISORY COMMITTEE ON THE FINANCIAL ACCESSIBILITY OF EDUCATION

78. An advisory committee on the financial accessibility of education is established under the name “Comité consultatif sur l’accessibilité financière aux études”.

2013, c. 28, s. 78.

79. The advisory committee is composed of 16 members, including a chair, appointed by the Government after consultation with groups representing students, the staff of educational institutions and socio-economic circles. The appointments are made on the recommendation of the Minister after consulting with the Minister of Education, Recreation and Sports.

The members so appointed must be as follows:

(1)  one member is to be a student at the secondary level, in vocational education;

(2)  two members are to be students at the college level, one in a technical studies program and the other in a pre-university studies program;

(3)  four members are to be university students, one at the undergraduate level, one at the Master’s level, one at the doctoral level and one in a continuing education program;

(4)  one member is to be a teacher;

(5)  five members are to be persons assigned to administrative functions, two in a general and vocational college and the other three in an educational institution at the university level; and

(6)  three members are to be persons representing socio-economic groups.

2013, c. 28, s. 79.

80. The Deputy Minister and the Deputy Minister of Education, Recreation and Sports are, by virtue of their office, associate members of the advisory committee, without voting rights. They may designate a substitute.

2013, c. 28, s. 80.

81. The members of the advisory committee are appointed for a term of not more than four years.

At the expiry of their term, they remain in office until reappointed or replaced.

The term of a member of the advisory committee may be renewed only once.

2013, c. 28, s. 81.

82. A vacancy on the advisory committee is filled in accordance with the rules of appointment to the committee.

Loss of the status required or an unexplained absence from the number of consecutive meetings stipulated in the by-laws of the advisory committee, in the cases and circumstances set out in the by-laws, constitutes a vacancy.

2013, c. 28, s. 82.

83. The members of the advisory committee are not remunerated except in the cases, on the conditions and to the extent that may be determined by the Government. However, they are entitled to a reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.

2013, c. 28, s. 83.

84. The advisory committee adopts by-laws.

2013, c. 28, s. 84.

85. The secretariat of the advisory committee is within the territory of Ville de Québec.

The advisory committee may hold its meetings anywhere in Québec.

2013, c. 28, s. 85.

86. The quorum at meetings of the advisory committee is the majority of its members.

2013, c. 28, s. 86.

87. The secretary and the other personnel members of the advisory committee are appointed in accordance with the Public Service Act (chapter F-3.1.1).

2013, c. 28, s. 87.

88. The advisory committee is responsible for advising the Minister and the Minister of Education, Recreation and Sports on any matter submitted to the committee by either Minister with regard to

(1)  financial assistance programs established by the Act respecting financial assistance for education expenses (chapter A-13.3);

(2)  tuition fees, admission or registration fees for educational services and other fees relating to such services; and

(3)  measures or policies that may affect the financial accessibility of education.

2013, c. 28, s. 88.

89. The advisory committee may

(1)  refer any question concerning a matter coming under the advisory committee’s jurisdiction to the Minister or to the Minister of Education, Recreation and Sports, according to their respective jurisdictions;

(2)  commission studies and research;

(3)  solicit and receive observations and suggestions from individuals or groups; and

(4)  request any available information from the Minister or the Minister of Education, Recreation and Sports.

2013, c. 28, s. 89.

90. The Minister, after consulting with the Minister of Education, Recreation and Sports when the matter relates to a level of education within that Minister’s jurisdiction, must seek the advice of the advisory committee on any draft regulation respecting the financial assistance programs referred to in paragraph 1 of section 88.

The Minister and the Minister of Education, Recreation and Sports must also seek the advice of the advisory committee on any condition they intend to include in the budgetary rules or in any directive they intend to give to educational institutions with respect to matters referred to in paragraph 2 of section 88.

The Minister or the Minister of Education, Recreation and Sports, as applicable, informs the advisory committee of the time within which the advice must be sent to the Minister. That time cannot be less than 30 days.

If the advisory committee fails to send its advice within the time specified, the obligations of the Minister concerned under the first and second paragraphs are deemed to be fulfilled.

2013, c. 28, s. 90.

91. Not later than 30 June each year, the advisory committee must submit a report to the Minister and to the Minister of Education, Recreation and Sports on its activities for the previous fiscal year.

That Minister tables the report in the National Assembly within 30 days of receiving it or, if the Assembly is not sitting, within 30 days of resumption.

2013, c. 28, s. 91.

CHAPTER VI AMENDING PROVISIONS

FINANCIAL ADMINISTRATION ACT

92. (Amendment integrated into c. A-6.001, Schedule 1).

2013, c. 28, s. 92.

ACT RESPECTING FINANCIAL ASSISTANCE FOR EDUCATION EXPENSES

93. (Amendment integrated into c. A-13.3, s. 10).

2013, c. 28, s. 93.

94. (Amendment integrated into c. A-13.3, s. 11).

2013, c. 28, s. 94.

95. (Amendment integrated into c. A-13.3, s. 18).

2013, c. 28, s. 95.

96. (Amendment integrated into c. A-13.3, s. 31.1).

2013, c. 28, s. 96.

97. (Amendment integrated into c. A-13.3, s. 33).

2013, c. 28, s. 97.

98. (Amendment integrated into c. A-13.3, s. 44).

2013, c. 28, s. 98.

99. (Amendment integrated into c. A-13.3, s. 45).

2013, c. 28, s. 99.

100. (Amendment integrated into c. A-13.3, s. 46).

2013, c. 28, s. 100.

101. (Amendment integrated into c. A-13.3, s. 56).

2013, c. 28, s. 101.

102. (Amendment integrated into c. A-13.3, s. 57).

2013, c. 28, s. 102.

103. (Amendment integrated into c. A-13.3, s. 65).

2013, c. 28, s. 103.

GENERAL AND VOCATIONAL COLLEGES ACT

104. (Amendment integrated into c. C-29, s. 17.2).

2013, c. 28, s. 104.

105. (Amendment integrated into c. C-29, s. 26).

2013, c. 28, s. 105.

ACT RESPECTING THE CONSEIL SUPÉRIEUR DE L’ÉDUCATION

106. (Amendment integrated into c. C-60, preamble).

2013, c. 28, s. 106.

107. (Amendment integrated into c. C-60, s. 3).

2013, c. 28, s. 107.

108. (Amendment integrated into c. C-60, s. 4).

2013, c. 28, s. 108.

109. (Amendment integrated into c. C-60, s. 7).

2013, c. 28, s. 109.

110. (Amendment integrated into c. C-60, s. 9).

2013, c. 28, s. 110.

111. (Amendment integrated into c. C-60, s. 10).

2013, c. 28, s. 111.

112. (Amendment integrated into c. C-60, s. 10.1).

2013, c. 28, s. 112.

113. (Amendment integrated into c. C-60, s. 12).

2013, c. 28, s. 113.

114. (Amendment integrated into c. C-60, s. 14).

2013, c. 28, s. 114.

115. (Amendment integrated into c. C-60, s. 14.1).

2013, c. 28, s. 115.

116. (Omitted).

2013, c. 28, s. 116.

117. (Amendment integrated into c. C-60, s. 28).

2013, c. 28, s. 117.

118. (Amendment integrated into c. C-60, s. 29).

2013, c. 28, s. 118.

ACT RESPECTING THE DEVELOPMENT OF QUÉBEC FIRMS IN THE BOOK INDUSTRY

119. (Amendment integrated into c. D-8.1, s. 6).

2013, c. 28, s. 119.

ACT TO PROMOTE WORKFORCE SKILLS DEVELOPMENT AND RECOGNITION

120. (Amendment integrated into c. D-8.3, s. 7).

2013, c. 28, s. 120.

ACT RESPECTING PRIVATE EDUCATION

121. (Amendment integrated into c. E-9.1, s. 0.1).

2013, c. 28, s. 121.

122. (Amendment integrated into c. E-9.1, s. 10).

2013, c. 28, s. 122.

123. (Amendment integrated into c. E-9.1, s. 16).

2013, c. 28, s. 123.

124. (Amendment integrated into c. E-9.1, s. 47).

2013, c. 28, s. 124.

125. (Amendment integrated into c. E-9.1, s. 49).

2013, c. 28, s. 125.

126. (Amendment integrated into c. E-9.1, s. 96).

2013, c. 28, s. 126.

127. (Amendment integrated into c. E-9.1, s. 104).

2013, c. 28, s. 127.

128. (Amendment integrated into c. E-9.1, s. 105).

2013, c. 28, s. 128.

129. (Amendment integrated into c. E-9.1, s. 107).

2013, c. 28, s. 129.

130. (Amendment integrated into c. E-9.1, s. 109).

2013, c. 28, s. 130.

131. (Amendment integrated into c. E-9.1, s. 111).

2013, c. 28, s. 131.

132. (Amendment integrated into c. E-9.1, s. 174).

2013, c. 28, s. 132.

EXECUTIVE POWER ACT

133. (Amendment integrated into c. E-18, s. 4).

2013, c. 28, s. 133.

ACT RESPECTING THE GOVERNANCE AND MANAGEMENT OF THE INFORMATION RESOURCES OF PUBLIC BODIES AND GOVERNMENT ENTERPRISES

134. (Amendment integrated into c. G-1.03, s. 2).

2013, c. 28, s. 134.

135. (Amendment integrated into c. G-1.03, s. 8.1).

2013, c. 28, s. 135.

136. (Amendment integrated into c. G-1.03, s. 11).

2013, c. 28, s. 136.

137. (Amendment integrated into c. G-1.03, s. 14).

2013, c. 28, s. 137.

138. (Amendment integrated into c. G-1.03, s. 15).

2013, c. 28, s. 138.

TAXATION ACT

139. The Taxation Act (chapter I-3) is amended by inserting “or the Minister of Higher Education, Research, Science and Technology” after “Sports” in the following provisions:

(1)  (amendment integrated into c. I-3, s. 358.0.2);

(2)  (amendment integrated into c. I-3, s. 752.0.1);

(3)  (amendment integrated into c. I-3, s. 752.0.2.1);

(4)  (amendment integrated into c. I-3, s. 776.41.12).

2013, c. 28, s. 139.

140. The Act is amended by replacing “Minister of Education, Recreation and Sports” wherever it appears in the following provisions by “Minister of Higher Education, Research, Science and Technology” :

(1)  (amendment integrated into c. I-3, s. 725);

(2)  (amendment integrated into c. I-3, s. 737.22.0.0.1);

(3)  (amendment integrated into c. I-3, s. 737.22.0.5);

(4)  (amendment integrated into c. I-3, s. 776.1.5.0.16);

(5)  (amendment integrated into c. I-3, s. 1029.8.122).

2013, c. 28, s. 140.

141. The Act is amended by replacing “Minister of Economic Development, Innovation and Export Trade” wherever it appears in the following provisions by “Minister of Higher Education, Research, Science and Technology” :

(1)  (amendment integrated into c. I-3, s. 737.19);

(2)  (amendment integrated into c. I-3, s. 737.22.0.0.5);

(3)  (amendment integrated into c. I-3, s. 1029.8.1);

(4)  (amendment integrated into c. I-3, ss. 1029.8.10, 1029.8.11);

(5)  (amendment integrated into c. I-3, s. 1029.8.16);

(6)  (amendment integrated into c. I-3, ss. 1029.8.16.1.4, 1029.8.16.1.5);

(7)  (amendment integrated into c. I-3, s. 1029.8.16.1.9).

2013, c. 28, s. 141.

142. (Amendment integrated into c. I-3, ss. 1029.8.33.2, 1029.8.33.11.1, 1029.8.33.11.11).

2013, c. 28, s. 142.

ACT RESPECTING THE INSTITUT DE TOURISME ET D’HÔTELLERIE DU QUÉBEC

143. (Amendment integrated into c. I-13.02, s. 5).

2013, c. 28, s. 143.

144. (Amendment integrated into c. I-13.02, s. 17).

2013, c. 28, s. 144.

145. (Amendment integrated into c. I-13.02, s. 18).

2013, c. 28, s. 145.

146. (Amendment integrated into c. I-13.02, s. 19).

2013, c. 28, s. 146.

147. (Amendment integrated into c. I-13.02, s. 23).

2013, c. 28, s. 147.

148. (Amendment integrated into c. I-13.02, s. 28).

2013, c. 28, s. 148.

149. (Amendment integrated into c. I-13.02, s. 30).

2013, c. 28, s. 149.

150. (Amendment integrated into c. I-13.02, s. 31).

2013, c. 28, s. 150.

151. (Amendment integrated into c. I-13.02, s. 42).

2013, c. 28, s. 151.

ACT RESPECTING THE INSTITUT NATIONAL DES MINES

152. (Amendment integrated into c. I-13.1.2, s. 5).

2013, c. 28, s. 152.

153. (Amendment integrated into c. I-13.1.2, s. 6).

2013, c. 28, s. 153.

154. (Amendment integrated into c. I-13.1.2, s. 7).

2013, c. 28, s. 154.

155. (Amendment integrated into c. I-13.1.2, s. 8).

2013, c. 28, s. 155.

156. (Amendment integrated into c. I-13.1.2, s. 10).

2013, c. 28, s. 156.

157. (Amendment integrated into c. I-13.1.2, s. 11).

2013, c. 28, s. 157.

158. (Amendment integrated into c. I-13.1.2, s. 28).

2013, c. 28, s. 158.

159. (Amendment integrated into c. I-13.1.2, s. 35).

2013, c. 28, s. 159.

EDUCATION ACT

160. (Amendment integrated into c. I-13.3, s. 477.14).

2013, c. 28, s. 160.

161. (Amendment integrated into c. I-13.3, s. 477.15).

2013, c. 28, s. 161.

ACT RESPECTING THE MINISTÈRE DE L’ÉDUCATION, DU LOISIR ET DU SPORT

162. (Amendment integrated into c. M-15, s. 1.1).

2013, c. 28, s. 162.

163. (Amendment integrated into c. M-15, s. 1.2).

2013, c. 28, s. 163.

164. (Amendment integrated into c. M-15, s. 1.3).

2013, c. 28, s. 164.

165. (Amendment integrated into c. M-15, s. 3.2).

2013, c. 28, s. 165.

ACT RESPECTING THE MINISTÈRE DE L’EMPLOI ET DE LA SOLIDARITÉ SOCIALE AND THE COMMISSION DES PARTENAIRES DU MARCHÉ DU TRAVAIL

166. (Amendment integrated into c. M-15.001, s. 21).

2013, c. 28, s. 166.

ACT RESPECTING THE MINISTÈRE DU DÉVELOPPEMENT ÉCONOMIQUE, DE L’INNOVATION ET DE L’EXPORTATION

167. (Amendment integrated into c. M-30.01, s. 2).

2013, c. 28, s. 167.

168. (Amendment integrated into c. M-30.01, s. 3).

2013, c. 28, s. 168.

169. (Amendment integrated into c. M-30.01, s. 5).

2013, c. 28, s. 169.

GOVERNMENT DEPARTMENTS ACT

170. (Amendment integrated into c. M-34, s. 1).

2013, c. 28, s. 170.

ACT RESPECTING THE SECTORAL PARAMETERS OF CERTAIN FISCAL MEASURES

171. (Amendment integrated into c. P-5.1, s. 2).

2013, c. 28, s. 171.

172. (Amendment integrated into c. P-5.1, Sch. C, s. 1.1).

2013, c. 28, s. 172.

173. Chapter III of Schedule C to the Act respecting the sectoral parameters of certain fiscal measures (chapter P-5.1), comprising sections 3.1 to 3.5, Chapter IV of that schedule, comprising sections 4.1 to 4.6, Chapter VI of that schedule, comprising sections 6.1 to 6.5, and Chapter VII of that schedule, comprising sections 7.1 to 7.5, become Chapter IV, comprising sections 4.1 to 4.5, Chapter V, comprising sections 5.1 to 5.6, Chapter VI, comprising sections 6.1 to 6.5, and Chapter VII, comprising sections 7.1 to 7.5, of Schedule D to the Act, with the necessary changes in numbering.

2013, c. 28, s. 173.

174. (Amendment integrated into c. P-5.1, Sch. C, s. 8.10).

2013, c. 28, s. 174.

175. (Amendment integrated into c. P-5.1, Sch. D, heading).

2013, c. 28, s. 175.

176. (Amendment integrated into c. P-5.1, Sch. D, s. 1.1).

2013, c. 28, s. 176.

177. (Amendment integrated into c. P-5.1, Sch. D, Chap. IV-VII).

2013, c. 28, s. 177.

ACT RESPECTING EDUCATIONAL PROGRAMMING

178. (Amendment integrated into c. P-30.1, s. 3.1).

2013, c. 28, s. 178.

179. (Amendment integrated into c. P-30.1, s. 9).

2013, c. 28, s. 179.

ACT RESPECTING THE PROCESS OF NEGOTIATION OF THE COLLECTIVE AGREEMENTS IN THE PUBLIC AND PARAPUBLIC SECTORS

180. (Amendment integrated into c. R-8.2, s. 31).

2013, c. 28, s. 180.

181. (Amendment integrated into c. R-8.2, s. 32).

2013, c. 28, s. 181.

182. (Amendment integrated into c. R-8.2, s. 33).

2013, c. 28, s. 182.

183. (Amendment integrated into c. R-8.2, s. 43).

2013, c. 28, s. 183.

FIRE SAFETY ACT

184. (Amendment integrated into c. S-3.4, s. 55).

2013, c. 28, s. 184.

185. (Amendment integrated into c. S-3.4, s. 62).

2013, c. 28, s. 185.

ACT RESPECTING HEALTH SERVICES AND SOCIAL SERVICES

186. (Amendment integrated into c. S-4.2, s. 88).

2013, c. 28, s. 186.

187. (Amendment integrated into c. S-4.2, ss. 89-91).

2013, c. 28, s. 187.

188. (Amendment integrated into c. S-4.2, s. 110).

2013, c. 28, s. 188.

189. (Amendment integrated into c. S-4.2, ss. 436.1, 436.8).

2013, c. 28, s. 189.

190. (Omitted).

2013, c. 28, s. 190.

191. (Omitted).

2013, c. 28, s. 191.

192. (Omitted).

2013, c. 28, s. 192.

193. (Omitted).

2013, c. 28, s. 193.

194. (Omitted).

2013, c. 28, s. 194.

195. (Omitted).

2013, c. 28, s. 195.

196. (Omitted).

2013, c. 28, s. 196.

197. (Omitted).

2013, c. 28, s. 197.

198. (Omitted).

2013, c. 28, s. 198.

199. (Omitted).

2013, c. 28, s. 199.

OTHER AMENDING PROVISIONS

200. The expression “Minister of Economic Development, Innovation and Export Trade” is replaced by “Minister of Higher Education, Research, Science and Technology” in the following legislative provisions:

(1)  (amendment integrated into c. C-8.1, s. 42);

(2)  (amendment integrated into c. C-51, s. 1).

2013, c. 28, s. 200.

201. The expressions “Minister of Education, Recreation and Sports” and “Ministère de l’Éducation, du Loisir et du Sport” are replaced by “Minister of Higher Education, Research, Science and Technology” and “Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie”, respectively, wherever they appear in the following legislative provisions:

(1)  (amendment integrated into c. A-3.01, s. 64);

(2)  (amendment integrated into c. C-11, s. 88.3);

(3)  (amendment integrated into c. C-29, ss. 16.1, 51, 72);

(4)  (amendment integrated into c. C-32.2, s. 47);

(5)  (amendment integrated into c. C-62.1, ss. 4, 21, 22);

(6)  (amendment integrated into c. E-14.1, s. 10);

(7)  (amendment integrated into c. F-3.2.0.1, s. 24);

(8)  (amendment integrated into c. H-4.1, s. 27);

(9)  (amendment integrated into c. I-13.1.1, s. 7);

(10)  (amendment integrated into c. I-17, s. 1);

(11)  (amendment integrated into c. M-9, s. 29);

(12)  (amendment integrated into c. M-14, s. 2);

(13)  (amendment integrated into c. P-10, s. 15);

(14)  (amendment integrated into c. P-13.1, ss. 15, 18);

(15)  (amendment integrated into c. S-6.2, s. 63);

(16)  (amendment integrated into c. U-1, ss. 1, 59).

The expression “Minister of Education, Recreation and Sports” is replaced by “Minister” in the following legislative provisions:

(1)  (amendment integrated into c. A-3.01, ss. 19, 34, 37, 63);

(2)  (amendment integrated into c. C-29, s. 2);

(3)  (amendment integrated into c. C-32.2, ss. 5, 13, 22);

(4)  (amendment integrated into c. E-14.1, s. 1);

(5)  (amendment integrated into c. I-17, s. 6.1).

2013, c. 28, s. 201.

202. The following legislative provisions are amended by inserting, depending on the context, “, the Minister of Higher Education, Research, Science and Technology”, “, the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie” or “, the Deputy Minister of Higher Education, Research, Science and Technology” after “Minister of Education, Recreation and Sports”, “Ministère de l’Éducation, du Loisir et du Sport” or “Deputy Minister of Education, Recreation and Sports”

(1)  (amendment integrated into c. A-13.1.1, s. 84);

(2)  (amendment integrated into c. A-29, s. 65);

(3)  (amendment integrated into c. C-59, s. 7);

(4)  (amendment integrated into c. E-20.1, ss. 6.1, 63);

(5)  (amendment integrated into c. P-34.1, s. 23).

2013, c. 28, s. 202.

203. The following legislative provisions are amended by inserting, depending on the context, “or the Minister of Higher Education, Research, Science and Technology” or “or the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie”, with the necessary grammatical adjustments, after “Minister of Education, Recreation and Sports” or “Ministère de l’Éducation, du Loisir et du Sport” wherever they appear:

(1)  (amendment integrated into c. A-6.002, s. 69.1);

(2)  (amendment integrated into c. C-26, ss. 12, 16.10, 95.0.1);

(3)  (amendment integrated into c. E-12.001, s. 8);

(4)  (amendment integrated into c. N-1.1, s. 3);

(5)  (amendment integrated into c. P-44.1, s. 103);

(6)  (amendment integrated into c. R-12.1, Sch. I, s. 9);

(7)  (amendment integrated into c. S-2.1, s. 167);

(8)  (amendment integrated into c. S-5, s. 125).

2013, c. 28, s. 203.

204. (Omitted).

2013, c. 28, s. 204.

205. (Omitted).

2013, c. 28, s. 205.

CHAPTER VII INCORPORATION INTO THIS ACT OF PROVISIONS FROM OTHER ACTS

206. Sections 13.1, 13.3, 13.4 and 13.7 of the Act respecting the Ministère de l’Éducation, du Loisir et du Sport (chapter M-15) become sections 17 to 20 of this Act, respectively, after replacing “Minister of Education, Recreation and Sports” in paragraph 3 of section 13.3 of that Act by “Minister” and renumbering paragraphs 2 to 5 of section 13.3 of that Act as paragraphs 1 to 4 of the corresponding section of this Act.

2013, c. 28, s. 206.

207. Sections 46 to 83 of the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01) become sections 21 to 63 of this Act, respectively, after renumbering paragraph 5 of section 61 of that Act as paragraph 4 of the corresponding section of this Act and renumbering Divisions I to V of Chapter V of that Act as subdivisions 1 to 5 of Division II of Chapter III of this Act and after replacing

(1)  the reference to sections 50, 50.1, 50.2 and 50.3 in section 54 of that Act by a reference to sections 25 to 28 of this Act;

(2)  the reference to section 57 in section 60 of that Act by a reference to section 35 of this Act;

(3)  the reference to section 75 in section 76.1 of that Act by a reference to section 54 of this Act;

(4)  the reference to section 64 in section 78 of that Act by a reference to section 42 of this Act;

(5)  the expression “this Chapter” in section 81 of that Act by “Division II”;

(6)  the reference to section 81 in section 82 of that Act by a reference to section 61 of this Act;

(7)  the reference to sections 81 and 82 in section 83 of that Act by a reference to sections 61 and 62 of this Act.

2013, c. 28, s. 207.

208. Sections 45.1 to 45.14 of the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01) become sections 64 to 77 of this Act, respectively, after renumbering Divisions I and II of Chapter IV.1 of that Act as Divisions I and II of Chapter IV of this Act and replacing the reference to section 45.3 in section 45.5 of that Act by a reference to section 66.

2013, c. 28, s. 208.

CHAPTER VIII MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS

209. Unless the context indicates otherwise, in any document other than an Act or a regulation, including in any order, order in council, policy, budget rule, permit, certificate, proclamation, administrative document, judicial pleading or contract,

(1)  a reference to the Minister or Deputy Minister of Education, Recreation and Sports or the Ministère de l’Éducation, du Loisir et du Sport, or to the Minister or Deputy Minister of Economic Development, Innovation and Export Trade or the Ministère du Développement économique, de l’Innovation et de l’Exportation is, if the matter is under the responsibility of the Minister of Higher Education, Research, Science and Technology, a reference to the Minister or Deputy Minister of Higher Education, Research, Science and Technology or the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie; and

(2)  a reference to the Act respecting the Ministère de l’Éducation, du Loisir et du Sport (chapter M-15) or the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01), or to any of their provisions, concerning a matter within the jurisdiction of the Minister of Higher Education, Research, Science and Technology is a reference to this Act or to the corresponding provision of this Act.

2013, c. 28, s. 209.

210. The Regulation respecting private educational institutions at the college level (chapter E-9.1, r. 4) is deemed to have been made by the Minister of Higher Education, Research, Science and Technology.

2013, c. 28, s. 210.

211. A person or body referred to in section 8 of the Regulation respecting the application of the Act respecting private education (chapter E-9.1, r. 1) that provides services for levels of instruction under the responsibility of the Minister of Higher Education, Research, Science and Technology and the Minister of Education, Recreation and Sports may, despite section 9 of that Regulation as amended by section 196 of chapter 28 of the statutes of 2013, maintain a single security guarantee until 30 June 2014.

2013, c. 28, s. 211.

212. The records and other documents of the Ministère du Développement économique, de l’Innovation et de l’Exportation and of the Ministère de l’Éducation, du Loisir et du Sport are transferred to the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie, to the extent that they pertain to matters within the jurisdiction of the Minister.

2013, c. 28, s. 212.

213. Any proceeding relating to higher education, research, science, innovation or technology or to any other matter devolving upon the Minister of Higher Education, Research, Science and Technology to which the Minister of Education, Recreation and Sports or the Minister of Economic Development, Innovation and Export Trade is a party is continued by the Minister of Higher Education, Research, Science and Technology without continuance of suit.

2013, c. 28, s. 213.

214. The members of the councils, committees or commissions whose composition is modified or in respect of which the authority responsible for appointments is changed by this Act continue in office on the same terms, until they are replaced or reappointed.

2013, c. 28, s. 214.

215. Until the coming into force of the by-laws of the advisory committee on the financial accessibility of education adopted under section 84, the committee is governed by the rules of internal management adopted under section 23.6 of the Act respecting the Conseil supérieur de l’éducation (chapter C-60), with the necessary modifications.

In addition, until that coming into force, any unexplained absence from four consecutive meetings constitutes a vacancy for the purposes of section 82.

2013, c. 28, s. 215.

216. The members of the personnel of the Ministère de l’Éducation, du Loisir et du Sport and the Ministère du Développement économique, de l’Innovation et de l’Exportation who exercise functions relating to matters within the jurisdiction of the Minister of Higher Education, Research, Science and Technology become members of the personnel of the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie.

2013, c. 28, s. 216.

217. The Conseil du trésor may, after consultation with the ministers concerned and to the extent it determines, transfer appropriations between the Ministère de l’Éducation, du Loisir et du Sport and the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie or between the latter and the Ministère des Finances et de l’Économie, for the fiscal year 2013-2014, to reflect the sharing of responsibilities among the ministers.

2013, c. 28, s. 217.

218. The Government may, by regulation, prescribe any other consequential or transitional provision necessary for the carrying out of this Act.

Such a regulation is not subject to the publication requirement or the requirement as regards its date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1) and may, once published and if it so provides, apply from any date not prior to 5 January 2014.

2013, c. 28, s. 218.

219. (Omitted).

2013, c. 28, s. 219.