P-30.1 - Act respecting educational programming

Updated to 5 January 2014

This document has official status.

chapter P-30.1

Act respecting educational programming

DIVISION I INTERPRETATION

1. In this Act, unless the context indicates otherwise,

(a)  “cablecasting firm” means a person who operates a cable or wire network or system that distributes one or more audio or audio and video programmings intended to entertain, inform or instruct the audience linked with it;

(b)  “broadcasting firm” means a person who operates an audio or an audio and video broadcasting station the programs of which are intended to be received directly by the general public, and any network of such stations;

(c)  “programming” means the ordered arrangement of programs composing the program schedule of a broadcasting station or of a cablecasting channel;

(d)  (paragraph repealed).

1979, c. 52, s. 1; 1988, c. 8, s. 91; 1996, c. 20, s. 29.

2. For the purposes of this Act, the expression “educational programming” designates any programming or any part thereof

(a)  designed for presentation both in a context suitable for enabling the audiences for whom it is intended to pursue their education by acquiring knowledge, improving their knowledge or extending their scope of perception, and in conditions that make it possible to supervise or evaluate such acquisition or improvement of knowledge or such extension of the scope of perception; or

(b)  intended to supply information on the courses of study dispensed, or to present special events of educational value, within the educational system.

1979, c. 52, s. 2.

DIVISION II EDUCATIONAL PROGRAMMING

3. Educational programming shall

(a)  favour the exercise of the right of citizens to education, particularly by presenting programs that meet specific needs of the population, lead towards diplomas or meet the needs of continuing education;

(b)  promote the access of citizens to their cultural heritage, particularly by reflecting life in the various regions and among the various ethnic communities, favouring inter-regional and inter-cultural exchanges, encouraging the creation and broadcasting of Québec audio, video or audio-visual productions, or generally granting a favoured position to the Québec culture;

(c)  promote the access of citizens to economic and social well-being by presenting programs that meet their needs of economic and social education; or

(d)  favour the exercise of the right of citizens to freedom of expression and to information, particularly by encouraging discussion of matters of common interest and presenting them from every viewpoint, and encouraging greater openness to the world, or maintaining a fair balance between matters dealt with, interests concerned and opinions expressed.

1979, c. 52, s. 3.

DIVISION III COMITÉ DE RECONNAISSANCE DU CARACTÈRE ÉDUCATIF DE LA PROGRAMMATION

1996, c. 20, s. 30.

3.1. A committee called the Comité de reconnaissance du caractère éducatif de la programmation is hereby established, to be composed of

(1)  the chairman of the Conseil des arts et des lettres du Québec;

(2)  a person designated by the Minister of Higher Education, Research, Science and Technology;

(3)  a person designated by the Minister of Immigration and Cultural Communities;

(4)  the chairman of a body designated by the Minister and composed of senior executives from university-level educational institutions.

The members shall appoint a president from among their number.

1996, c. 20, s. 31; 1996, c. 21, s. 61; 2011, c. 16, s. 110, s. 123; 2013, c. 28, s. 178.

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

1996, c. 20, s. 31.

3.3. The committee may establish rules for its operation and the conduct of its affairs.

It may solicit and receive opinions and suggestions from any interested person or body or from the general public in respect of any application submitted to it.

1996, c. 20, s. 31; 1997, c. 43, s. 449.

3.4. The decisions of the committee shall be made by a majority of its members; where opinions are equally divided, the president has a casting vote.

Before making a decision, the committee must afford the applicant an opportunity to present his views.

1996, c. 20, s. 31.

3.5. The committee and its members may not be prosecuted for official acts performed in good faith in the performance of their duties.

1996, c. 20, s. 31.

3.6. For the exercise of its powers and duties, the committee may, with the authorization of the Minister, be assisted by experts.

1996, c. 20, s. 31.

4. The committee may, on the application of a broadcasting or cablecasting firm, declare the programming or part of the programming submitted to it to be educational.

1979, c. 52, s. 4; 1996, c. 20, s. 34; 1997, c. 43, s. 451.

5. A broadcasting or cablecasting firm intending to substantially modify programming that has been declared educational shall submit that modification to the prior approval of the committee.

However, such approval is not required for the mere rebroadcast of programming already declared educational by the committee.

1979, c. 52, s. 5; 1996, c. 20, s. 34; 1997, c. 43, s. 452.

6. No broadcasting firm may designate itself as an educational broadcasting firm except in respect of its programming, or that part of its programming, that has been declared educational by the committee.

1979, c. 52, s. 6; 1996, c. 20, s. 34.

7. No cablecasting firm may designate one of its channels as a cable educational channel except in respect of its programming, or that part of its programming, that has been declared educational by the committee.

1979, c. 52, s. 7; 1996, c. 20, s. 34.

8. (Repealed).

1979, c. 52, s. 8; 1990, c. 4, s. 685; 1996, c. 20, s. 32.

9. Applications to the committee shall be addressed to the Minister of Culture and Communications, who shall transmit a copy thereof to the members of the committee, to the Minister of Higher Education, Research, Science and Technology and to the Minister of Education, Recreation and Sports.

1979, c. 52, s. 9; 1985, c. 21, s. 80; 1988, c. 41, s. 88; 1993, c. 51, s. 44; 1994, c. 14, s. 16; 1994, c. 16, s. 50; 1996, c. 20, s. 33; 2005, c. 28, s. 195; 2013, c. 28, s. 179.

DIVISION IV POWERS OF THE MINISTER

10. The Minister of Culture and Communications may, in accordance with the conditions, standards and terms fixed by regulation of the Government, grant financial and technical assistance to broadcasting or cablecasting firms whose programming has been declared educational by the committee.

Within six months following the end of each fiscal period, the Minister shall table before the National Assembly a report identifying the beneficiaries of the financial assistance, indicating the amount of that assistance, and indicating the educational programming for which assistance has been granted.

1979, c. 52, s. 10; 1994, c. 14, s. 17; 1996, c. 20, s. 34.

11. The Government shall publish a draft regulation in the Gazette officielle du Québec at least thirty days before making the regulation.

Such regulation comes into force on the day the Government publishes a notice of the making thereof in the Gazette officielle du Québec or on any later date it indicates. If the Government has amended the draft regulation, the text of such amendments or the final text of the regulation shall be published with the notice.

1979, c. 52, s. 11.

DIVISION V FINAL PROVISIONS

12. This Act is binding on the Government, government departments, and agencies which are mandataries of the State.

1979, c. 52, s. 12; 1999, c. 40, s. 222.

13. The Minister of Culture and Communications is responsible for the application of this Act.

1979, c. 52, s. 13; 1994, c. 14, s. 18.

14. (Omitted).

1979, c. 52, s. 14.

15. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 52 of the statutes of 1979, in force on 1 November 1980, is repealed, except section 14, effective from the coming into force of chapter P-30.1 of the Revised Statutes.