M-17.2 - Act respecting the Ministère de la Famille, des Aînés et de la Condition féminine

Updated to 1 November 1999

This document has official status.

chapter M-17.2

Act respecting the Ministère de la Famille et de l’Enfance

The Minister of Families, Seniors and the Status of Women exercises the functions of the Minister of Child and Family Welfare provided for in this Act except those functions vested in the Premier as regards paragraphs 1 and 2 of section 4.1 of this Act. Order in Council 742-2005 dated 17 August 2005, (2005) 137 G.O. 2 (French), 5056.

DIVISION I RESPONSIBILITIES OF THE MINISTER

1. The Ministère de la Famille et de l’Enfance shall be under the direction of the Minister of Child and Family Welfare, appointed under the Executive Power Act (chapter E-18).

1997, c. 58, s. 1.

2. The mission of the Minister shall be to raise awareness of the importance of child and family welfare, and to provide families and children with the means to achieve their full potential.

In particular, the Minister shall ensure that society places more emphasis on child and family welfare. He shall provide parents with the support they need to meet their responsibilities fully and to protect their relationship with their children.

In his interventions, the Minister shall have regard for the diversity of family models and focus primarily on the needs of children.

1997, c. 58, s. 2.

3. The responsibilities of the Minister with regard to family welfare shall include

(1)  ensuring that families have access, in their daily lives, to services that meet their various needs, in particular as regards housing, health care, education, childcare, safety and leisure activities;

(2)  helping families to maintain conditions conducive to harmonious family relationships and to the development of their children;

(3)  facilitating a reconciliation of professional and family responsibilities, and promoting an equitable division of family responsibilities;

(4)  providing families, especially low-income families, with financial support to meet the essential needs of their children;

(5)  providing parents with financial support to facilitate access to maternity leave, paternity leave and parental leave.

1997, c. 58, s. 3.

4. The responsibilities of the Minister with regard to child welfare shall include

(1)  encouraging both parents to make an effective contribution to their child’s education;

(2)  establishing objectives to allow children to achieve their potential;

(3)  developing and maintaining a system of childcare centres providing educational childcare and support services for parents;

(4)  ensuring the harmonious development of childcare;

(5)  facilitating access to childcare for all families.

1997, c. 58, s. 4.

5. The Minister shall act in collaboration with service providers in the field of family welfare, in order to ensure the complementarity and effectiveness of the action undertaken.

The Minister shall facilitate actions designed to allow families and children to achieve their potential, by granting professional, technical or financial support to persons and groups that participate in, or wish to participate in, such actions.

1997, c. 58, s. 5.

6. The Minister shall draw up guidelines and policies designed to help families and children achieve their potential, propose them to the Government, and supervise their implementation.

More specifically, the Minister

(1)  may agree, with the government departments and bodies concerned, on arrangements to facilitate the development and implementation of such orientations and policies;

(2)  may conduct or commission research, studies and analyses.

1997, c. 58, s. 6.

7. The Minister shall advise the Government and government departments and bodies on any matter relating to child and family welfare. The Minister shall ensure that the actions of the Government are coherent, and for that purpose, shall

(1)  be involved in the development of measures and the making of ministerial decisions relating to child and family welfare, and shall give his opinion whenever appropriate in the interests of family welfare;

(2)  coordinate government activities specifically relating to child and family welfare.

The Minister may require the necessary information for exercising such responsibilities from the government departments and bodies concerned.

1997, c. 58, s. 7.

8. The Minister shall, in addition, assume any other responsibility assigned by the Government.

1997, c. 58, s. 8.

9. The Minister may enter into agreements in accordance with the law with a government other than the Gouvernement du Québec, a department of such a government, an international organization, or a body under the authority of such a government or organization.

1997, c. 58, s. 9.

10. The Minister may also enter into agreements with any person, association, partnership or body, concerning any matter under his authority.

1997, c. 58, s. 10.

11. The Minister shall table before the National Assembly a report on the activities of the department for each fiscal year within six months of the end of the fiscal year or, if the Assembly is not sitting, within 30 days of resumption.

1997, c. 58, s. 11.

DIVISION II DEPARTMENTAL ORGANIZATION

12. The Government shall appoint a person as Deputy Minister of Child and Family Welfare in accordance with the Public Service Act (chapter F-3.1.1).

1997, c. 58, s. 12.

13. Under the direction of the Minister, the Deputy Minister shall administer the department.

The Deputy Minister shall, in addition, exercise any other function assigned to him by the Government or the Minister.

1997, c. 58, s. 13.

14. In the exercise of his functions, the Deputy Minister has the authority of the Minister.

1997, c. 58, s. 14.

15. The Deputy Minister may, in writing and to the extent he indicates, delegate the exercise of his functions under this Act to a public servant or the holder of a position.

He may, in the instrument of delegation, authorize the subdelegation of the functions he indicates, and in that case shall specify the title of the public servant or holder of a position to whom the functions may be subdelegated.

1997, c. 58, s. 15.

16. The personnel of the department shall consist of the public servants required for the exercise of the functions of the Minister; they shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

The Minister shall determine the duties of the public servants where they are not determined by law or by the Government.

1997, c. 58, s. 16.

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

No deed, document or writing is binding on the Minister or may be attributed to him unless it is signed by him, the Deputy Minister, a member of the personnel of the department or the holder of a position and, in the latter two cases, only so far as determined by the Government.

1997, c. 58, s. 17.

18. The Government may, on the conditions it determines, allow the required signature to be affixed by means of an automatic device to the documents it determines.

The Government may also allow a facsimile of the signature to be engraved, lithographed or printed on the documents it determines. The facsimile must be countersigned by a person authorized by the Minister.

1997, c. 58, s. 18.

19. Any document or copy of a document emanating from the department or forming part of its records, signed or certified true by a person referred to in the second paragraph of section 17, is authentic.

1997, c. 58, s. 19.

DIVISION III AMENDING PROVISIONS

CITIES AND TOWNS ACT

20. (Amendment integrated into c. C-19, s. 29).

1997, c. 58, s. 20.

21. (Amendment integrated into c. C-19, s. 412).

1997, c. 58, s. 21.

MUNICIPAL CODE OF QUÉBEC

22. (Amendment integrated into c. C-27.1, a. 7).

1997, c. 58, s. 22.

23. (Amendment integrated into c. C-27.1, Sec. XVII of Chap. II of Title XIV, heading).

1997, c. 58, s. 23.

24. (Amendment integrated into c. C-27.1, a. 552).

1997, c. 58, s. 24.

ACT RESPECTING THE CONSEIL DE LA FAMILLE

25. (Amendment integrated into c. C-56.2, title of the Act).

1997, c. 58, s. 25.

26. (Amendment integrated into c. C-56.2, preamble).

1997, c. 58, s. 26.

27. (Amendment integrated into c. C-56.2, s. 1).

1997, c. 58, s. 27.

28. (Amendment integrated into c. C-56.2, s. 3).

1997, c. 58, s. 28.

29. (Amendment integrated into c. C-56.2, s. 4).

1997, c. 58, s. 29.

30. (Amendment integrated into c. C-56.2, s. 7).

1997, c. 58, s. 30.

31. (Amendment integrated into c. C-56.2, s. 9).

1997, c. 58, s. 31.

32. (Amendment integrated into c. C-56.2, s. 10).

1997, c. 58, s. 32.

33. (Amendment integrated into c. C-56.2, s. 12).

1997, c. 58, s. 33.

34. (Amendment integrated into c. C-56.2, s. 14).

1997, c. 58, s. 34.

35. (Amendment integrated into c. C-56.2, s. 15).

1997, c. 58, s. 35.

36. (Amendment integrated into c. C-56.2, s. 16).

1997, c. 58, s. 36.

37. (Amendment integrated into c. C-56.2, s. 18).

1997, c. 58, s. 37.

38. (Amendment integrated into c. C-56.2, s. 21).

1997, c. 58, s. 38.

39. (Amendment integrated into c. C-56.2, s. 22).

1997, c. 58, s. 39.

40. (Amendment integrated into c. C-56.2, s. 27).

1997, c. 58, s. 40.

41. (Amendment integrated into c. C-56.2, s. 28).

1997, c. 58, s. 41.

ACT RESPECTING PRIVATE EDUCATION

42. (Amendment integrated into c. E-9.1, s. 62.1).

1997, c. 58, s. 42.

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

1997, c. 58, s. 43.

EXECUTIVE POWER ACT

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

1997, c. 58, s. 44.

ACT RESPECTING MUNICIPAL TAXATION

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

1997, c. 58, s. 45.

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

1997, c. 58, s. 46.

EDUCATION ACT

47. (Amendment integrated into c. I-13.3, s. 80).

1997, c. 58, s. 47.

48. (Amendment integrated into c. I-13.3, s. 89).

1997, c. 58, s. 48.

49. (Amendment integrated into c. I-13.3, s. 256).

1997, c. 58, s. 49.

50. (Amendment integrated into c. I-13.3, s. 258).

1997, c. 58, s. 50.

51. (Amendment integrated into c. I-13.3, s. 454.1).

1997, c. 58, s. 51.

GOVERNMENT DEPARTMENTS ACT

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

1997, c. 58, s. 52.

ACT RESPECTING INCOME SECURITY

53. (Amendment integrated into c. S-3.1.1, s. 48.2).

1997, c. 58, s. 53.

54. (Amendment integrated into c. S-3.1.1, ss. 48.5 and 48.6).

1997, c. 58, s. 54.

55. (Amendment integrated into c. S-3.1.1, s. 51).

1997, c. 58, s. 55.

56. (Amendment integrated into c. S-3.1.1, s. 56).

1997, c. 58, s. 56.

57. (Amendment integrated into c. S-3.1.1, s. 91).

1997, c. 58, s. 57.

ACT RESPECTING CHILD DAY CARE

58. (Amendment integrated into c. C-8.2, title of the Act).

1997, c. 58, s. 58.

59. (Amendment integrated into c. C-8.2, s. 1).

1997, c. 58, s. 59.

60. (Amendment integrated into c. C-8.2, s. 1.1).

1997, c. 58, s. 60.

61. (Amendment integrated into c. C-8.2, s. 2).

1997, c. 58, s. 61.

62. (Amendment integrated into c. C-8.2, Chap. II, heading).

1997, c. 58, s. 62.

63. (Amendment integrated into c. C-8.2, Div. I of Chap. II, heading).

1997, c. 58, s. 63.

64. (Omitted).

1997, c. 58, s. 64.

65. (Amendment integrated into c. C-8.2, s. 3).

1997, c. 58, s. 65.

66. (Amendment integrated into c. C-8.2, s. 4).

1997, c. 58, s. 66.

67. (Amendment integrated into c. C-8.2, s. 5).

1997, c. 58, s. 67.

68. (Amendment integrated into c. C-8.2, s. 6).

1997, c. 58, s. 68.

69. (Amendment integrated into c. C-8.2, s. 7).

1997, c. 58, s. 69.

70. (Amendment integrated into c. C-8.2, s. 7.1).

1997, c. 58, s. 70.

71. (Omitted).

1997, c. 58, s. 71.

72. (Amendment integrated into c. C-8.2, s. 8).

1997, c. 58, s. 72.

73. (Amendment integrated into c. C-8.2, s. 9).

1997, c. 58, s. 73.

74. (Amendment integrated into c. C-8.2, s. 10).

1997, c. 58, s. 74.

75. (Omitted).

1997, c. 58, s. 75.

76. (Amendment integrated into c. C-8.2, s. 10.1).

1997, c. 58, s. 76.

77. (Amendment integrated into c. C-8.2, s. 10.2).

1997, c. 58, s. 77.

78. (Amendment integrated into c. C-8.2, s. 10.3).

1997, c. 58, s. 78.

79. (Amendment integrated into c. C-8.2, s. 10.4).

1997, c. 58, s. 79.

80. (Amendment integrated into c. C-8.2, s. 10.5).

1997, c. 58, s. 80.

81. (Amendment integrated into c. C-8.2, s. 10.6).

1997, c. 58, s. 81.

82. (Amendment integrated into c. C-8.2, s. 11).

1997, c. 58, s. 82.

83. (Amendment integrated into c. C-8.2, s. 11.0.1).

1997, c. 58, s. 83.

84. (Amendment integrated into c. C-8.2, s. 11.1).

1997, c. 58, s. 84.

85. (Amendment integrated into c. C-8.2, s. 11.1.1).

1997, c. 58, s. 85.

86. (Amendment integrated into c. C-8.2, s. 12).

1997, c. 58, s. 86.

87. (Amendment integrated into c. C-8.2, ss. 13-13.4).

1997, c. 58, s. 87.

88. (Amendment integrated into c. C-8.2, s. 16).

1997, c. 58, s. 88.

89. (Amendment integrated into c. C-8.2, s. 17).

1997, c. 58, s. 89.

90. (Amendment integrated into c. C-8.2, s. 17.0.1).

1997, c. 58, s. 90.

91. (Amendment integrated into c. C-8.2, s. 17.1).

1997, c. 58, s. 91.

92. (Amendment integrated into c. C-8.2, s. 18.1).

1997, c. 58, s. 92.

93. (Amendment integrated into c. C-8.2, s. 19).

1997, c. 58, s. 93.

94. (Amendment integrated into c. C-8.2, ss. 20 and 21).

1997, c. 58, s. 94.

95. (Amendment integrated into c. C-8.2, s. 22).

1997, c. 58, s. 95.

96. (Amendment integrated into c. C-8.2, Div. II, heading).

1997, c. 58, s. 96.

97. (Amendment integrated into c. C-8.2, ss. 23 and 23.1).

1997, c. 58, s. 97.

98. (Amendment integrated into c. C-8.2, s. 24).

1997, c. 58, s. 98.

99. (Amendment integrated into c. C-8.2, ss. 25 and 26).

1997, c. 58, s. 99.

100. (Amendment integrated into c. C-8.2, ss. 27 and 28).

1997, c. 58, s. 100.

101. (Amendment integrated into c. C-8.2, s. 29).

1997, c. 58, s. 101.

102. (Amendment integrated into c. C-8.2, s. 30).

1997, c. 58, s. 102.

103. (Omitted).

1997, c. 58, s. 103.

104. (Amendment integrated into c. C-8.2, s. 34).

1997, c. 58, s. 104.

105. (Amendment integrated into c. C-8.2, s. 34.1).

1997, c. 58, s. 105.

106. (Amendment integrated into c. C-8.2, s. 36).

1997, c. 58, s. 106.

107. (Amendment integrated into c. C-8.2, s. 36.1).

1997, c. 58, s. 107.

108. (Amendment integrated into c. C-8.2, Div. IV of Chap. II, heading).

1997, c. 58, s. 108.

109. (Amendment integrated into c. C-8.2, ss. 38-39.1).

1997, c. 58, s. 109.

110. (Omitted).

1997, c. 58, s. 110.

111. (Omitted).

1997, c. 58, s. 111.

112. (Omitted).

1997, c. 58, s. 112.

113. (Amendment integrated into c. C-8.2, s. 41.3).

1997, c. 58, s. 113.

114. (Amendment integrated into c. C-8.2, s. 41.4).

1997, c. 58, s. 114.

115. (Amendment integrated into c. C-8.2, s. 41.5).

1997, c. 58, s. 115.

116. (Amendment integrated into c. C-8.2, ss. 41.6-41.6.2).

1997, c. 58, s. 116.

117. (Amendment integrated into c. C-8.2, ss. 41.7 and 41.8).

1997, c. 58, s. 117.

118. (Amendment integrated into c. C-8.2, s. 44).

1997, c. 58, s. 118.

119. (Amendment integrated into c. C-8.2, s. 45).

1997, c. 58, s. 119.

120. (Amendment integrated into c. C-8.2, Div. VI of Chap. II, s. 45.1).

1997, c. 58, s. 120.

121. (Omitted).

1997, c. 58, s. 121.

122. (Amendment integrated into c. C-8.2, s. 73).

1997, c. 58, s. 122.

123. (Amendment integrated into c. C-8.2, s. 74).

1997, c. 58, s. 123.

124. (Amendment integrated into c. C-8.2, s. 74.1).

1997, c. 58, s. 124.

125. (Amendment integrated into c. C-8.2, s. 74.2).

1997, c. 58, s. 125.

126. (Amendment integrated into c. C-8.2, ss. 74.4 and 74.5).

1997, c. 58, s. 126.

127. (Amendment integrated into c. C-8.2, s. 74.6).

1997, c. 58, s. 127.

128. (Amendment integrated into c. C-8.2, ss. 74.7 and 74.8).

1997, c. 58, s. 128.

129. (Amendment integrated into c. C-8.2, s. 74.9).

1997, c. 58, s. 129.

130. (Amendment integrated into c. C-8.2, s. 74.10).

1997, c. 58, s. 130.

131. (Amendment integrated into c. C-8.2, s. 76.1).

1997, c. 58, s. 131.

132. (Amendment integrated into c. C-8.2, s. 98).

1997, c. 58, s. 132.

133. (Amendment integrated into c. C-8.2, s. 100).

1997, c. 58, s. 133.

134. (Amendment integrated into c. C-8.2).

1997, c. 58, s. 134.

ACT RESPECTING HEALTH SERVICES AND SOCIAL SERVICES

135. (Amendment integrated into c. S-4.2, s. 114).

1997, c. 58, s. 135.

ACT RESPECTING HEALTH SERVICES AND SOCIAL SERVICES FOR CREE NATIVE PERSONS

136. (Amendment integrated into c. S-5, s. 135.1).

1997, c. 58, s. 136.

137. (Omitted).

1997, c. 58, s. 137.

138. (Omitted).

1997, c. 58, s. 138.

139. (Omitted).

1997, c. 58, s. 139.

140. (Omitted).

1997, c. 58, s. 140.

141. (Omitted).

1997, c. 58, s. 141.

ACT RESPECTING THE MINISTÈRE DES RELATIONS AVEC LES CITOYENS ET DE L’IMMIGRATION

142. (Amendment integrated into c. M-25.01, s. 11).

1997, c. 58, s. 142.

DIVISION IV TRANSITIONAL AND FINAL PROVISIONS

143. The Government shall acquire the rights and assume the obligations of the Office des services de garde à l’enfance.

1997, c. 58, s. 143.

144. (Omitted).

1997, c. 58, s. 144.

145. The programs administered by the Office shall continue to be administered by the Minister. The Government or the Minister, depending on which approved the program, may amend or terminate a program.

1997, c. 58, s. 145.

146. The regulations of the Office are deemed to be regulations of the Government.

1997, c. 58, s. 146.

147. The permits issued by the Office are deemed to be permits issued by the Minister.

1997, c. 58, s. 147.

148. The financial assistance and grants provided by the Office are deemed to be financial assistance and grants provided by the Minister.

1997, c. 58, s. 148.

149. The Attorney General shall become a party to any proceeding to which the Office was a party, without continuance of suit.

1997, c. 58, s. 149.

150. Matters before the Office shall be continued by the Minister, with no further formality.

1997, c. 58, s. 150.

151. The members of the personnel of the Secrétariat à la famille and of the Office des services de garde à l’enfance shall become, with no further formality, members of the personnel of the Ministère de la Famille et de l’Enfance, to the extent determined by the Government.

1997, c. 58, s. 151.

152. The term of office of the members of the Office shall end on 2 July 1997.

1997, c. 58, s. 152.

153. The records and other documents of the Office shall become the records and documents of the Ministère de la Famille et de l’Enfance.

1997, c. 58, s. 153.

154. Notwithstanding section 7 of the Act respecting the Conseil de la famille et de l’enfance (chapter C-56.2), as amended by section 30, the term of office of the next members to be appointed to that council shall be two years, for five members, and one year, for four other members.

1997, c. 58, s. 154.

155. The appropriations granted for the fiscal year 1997-98 for child and family welfare shall be transferred, to the extent determined by the Government, to the Ministère de la Famille et de l’Enfance.

1997, c. 58, s. 155.

156. For the purposes of sections 157 to 180,

a “former provision” of the “Act” is a provision of a section of the Act respecting child day care (chapter S-4.1) as it read before the coming into force of the provision of this Act which amends it;

a “new provision” of the “Act” is a provision of a section of the Act respecting child day care as amended by this Act.

1997, c. 58, s. 156.

157. Every person that, on 31 August 1997, is the holder of a day care centre permit or a home day care agency permit, is receiving, among the grants provided for in the budgetary spending program of the Office, a grant for the operating expenses of the day care centre or home day care agency and is

(1)  a non-profit legal person the majority of the members of whose board of directors are parents who are users of the childcare provided by the day care centre or, in the case of an agency, by persons responsible for home day care recognized by the legal person, provided that such parents are neither members of the staff of the centre or agency, nor persons responsible for home day care or their assistants, or

(2)  a cooperative whose board of directors is composed as described in subparagraph 1,

shall become, on 1 September 1997, the holder of a childcare centre permit issued under the new provisions of section 7 of the Act.

A person that becomes the holder of a childcare centre permit pursuant to this section has until 31 August 1999 to bring the composition of its board of directors into conformity with the requirements of the new provisions of the first paragraph of section 7 of the Act, and until 31 August 2002 to become a childcare centre within the meaning of the new provisions of section 1 of the Act, on pain of revocation of the permit. The person must also cease to use a name which includes the expression “day care centre” in the year following the issue of the permit.

Where the holder of a home day care agency permit becomes the holder of a childcare centre permit pursuant to this section, the persons having been recognized by the permit holder as persons responsible for home day care are deemed to be home childcare providers recognized by the permit holder, subject to the new provisions of the Act and the regulations.

1997, c. 58, s. 157.

158. The holder of a day care centre permit that, on 1 September 1997, becomes the holder of a childcare centre permit pursuant to section 157 of this Act and that, on the said date, is also a private educational institution within the meaning of the Act respecting private education (chapter E-9.1), may not retain its childcare centre permit beyond 31 August 1999 unless it ceases to be a private educational institution.

1997, c. 58, s. 158.

159. A school board that, on 31 August 1997, is the holder of a day care centre permit shall retain its permit and may, notwithstanding the new provisions of section 5 of the Act, obtain the renewal of its permit, subject to the other conditions of the said Act and the regulations, for a period expiring on 31 August 2000 at the latest.

1997, c. 58, s. 159; 1999, c. 23, s. 9.

160. The following rules apply to a person, other than a person referred to in section 157 of this Act that, on 31 August 1997, is the holder of a home day care agency permit:

(1)  the person shall retain the permit and may obtain its renewal for a period expiring on 31 August 1999 at the latest;

(2)  the person, and the persons recognized by the person as persons responsible for home day care, shall be governed by the former provisions of sections 7, 10.0.1, 10.1 to 10.8, 11 to 12, 13.1, 41.6, 42, 74.1, 74.2, and 74.8 to 74.10 of the Act, the new provisions of sections 8, 9, 13, 13.2, 13.4, 14 to 16, 18 to 30, 34 to 36.1, 41.6.1, 41.6.2, 44, 74.4 and 76.1 of the Act, and by the Regulation respecting home day care agencies and home day care made by Order in Council 1669-93 (1993, G.O. 2, 6863), adapted as required;

(3)  the person shall also remain eligible, until 31 August 1999 at the latest, for the grants provided for by the former provisions of section 41.6 of the Act, for the benefit of that person and of the persons recognized by the person as persons responsible for home day care;

(4)  if the person is neither a municipality nor a school board, the person shall become the holder of a childcare centre permit pursuant to the new provisions of section 7 of the Act if the person brings the composition of its board of directors into conformity with the requirements of subparagraph 1 of the first paragraph of section 157 of this Act and satisfies the other conditions prescribed by the new provisions of the Act and the regulations. The person has until 31 August 1999 to bring the composition of its board of directors into conformity with the requirements of the new provisions of the first paragraph of section 7 of the Act and until 31 August 2002 to become a childcare centre within the meaning of the new provisions of section 1 of the Act, on pain of revocation of the permit. The provisions of the last paragraph of section 157 apply to the persons recognized by the person as persons responsible for home day care;

(5)  if the person is a municipality or a school board, the person may continue to act as a home day care agency until 31 August 1999 at the latest.

A person that acquires a home day care agency from the holder of a permit that is eligible for the grants provided for in the former provisions of section 41.6 of the Act may obtain a childcare centre permit to act within the same territory and, subject to the new provisions of the Act and the regulations, becomes eligible for the grants provided for in the new provisions of section 41.6. The provisions of the last paragraph of section 157 apply to the persons recognized by the former permit holder as persons responsible for home day care.

1997, c. 58, s. 160.

161. An immovable that belongs to a cooperative or a non-profit organization which is the holder of a home day care agency permit, that appears on the agency permit as the address of the agency and that is used chiefly for the carrying on of the functions of the agency is exempt from all property, municipal and school taxes.

1997, c. 58, s. 161; 1999, c. 40, s. 342.

162. No business tax may be levied by reason of an activity conducted by a cooperative or a non-profit organization in accordance with a home day care agency permit.

1997, c. 58, s. 162.

163. An applicant for a day care centre permit or home day care agency permit whose eligibility for grants and financial assistance under a development plan of the Office or following the determination and allotment of places approved by the Government for the fiscal years extending from 1989 to 1994 and for the fiscal year 1996-97 was confirmed by the Office becomes, on 1 September 1997, an applicant for a childcare centre permit, subject to the new provisions of the Act and the regulations and so long as the future permit holder satisfies the requirements of the first paragraph of section 157 of this Act.

The provisions of the second paragraph of section 157 of this Act apply to the applicant once it obtains the permit.

1997, c. 58, s. 163.

164. An application for a day care centre filed with the Office before 11 June 1997 or for a home day care agency permit filed with the Office before 1 September 1997 and made for or on behalf of a non-profit legal person or a cooperative whose board of directors satisfies the requirements of the first paragraph of section 157 of this Act, becomes, on 1 September 1997, an application for a childcare centre permit.

1997, c. 58, s. 164.

165. The provisions of the Regulation respecting day care centres made by Order in Council 1971-83 (1983, G.O. 2, 3527), adapted as required, apply to an applicant for a childcare centre permit and the holder of a day care centre permit that has become the holder of a childcare centre permit until the Regulation is amended or replaced by a regulation made under the new provisions of section 73 of the Act.

1997, c. 58, s. 165.

166. The provisions of the Regulation respecting home day care agencies and home day care made by Order in Council 1669-93 (1993, G.O. 2, 6863), remain in force until 31 August 1999.

The provisions of the said Regulation, adapted as required, apply to an applicant for a childcare centre permit and to the holder of a home day care agency permit.

1997, c. 58, s. 166.

167. A person, other than a person referred to in section 157 of this Act, that on 31 August 1997 is the holder of a day care centre permit and is eligible for the grants provided for in the former provisions of section 41.6 of the Act, remains eligible for such grants until 31 August 2002, subject to the new provisions of the Act and the regulations.

The said permit holder is governed by the new provisions of sections 13 and 13.2, paragraphs 3 and 5 of section 23, paragraph 2 of section 36.1, and sections 41.6.1, 41.6.2, 74.4, 74.5 and 76.1 of the Act, adapted as required.

If the said permit holder is a natural person, a partnership or a profit-seeking legal person, any application for a grant made by the permit holder must include proof that the parents committee has approved the purposes for which the grant is applied for.

The acquirer of a day care centre operated by the said permit holder shall be eligible for the grants and financial assistance referred to in the first paragraph, and is subject to the other provisions of this section and the new provisions of the Act and the regulations if the acquirer obtains a day care centre permit to operate at the same location.

The fourth paragraph does not apply to the acquirer of a day care centre if the permit holder has undertaken to take part in the acquisition plan provided for in section 172 of this Act.

This section does not apply to a municipality.

1997, c. 58, s. 167.

168. The former provisions of sections 38 to 41, 41.1.1 and 41.2 and of subparagraphs 20, 21, 22 and 22.1 of the first paragraph of section 73 of the Act, and the provisions of the Regulation respecting exemption and financial assistance for a child in day care made by Order in Council 69-93 (1993, G.O. 2, 745) remain in force until the Government, by order, terminates the application of those provisions. The Government may, however, amend the Regulation for the period during which it remains in force.

The provisions

(1)  also apply to the holder of a day care centre permit, other than one to whom or to which the former provisions of section 40 of the Act apply, that, on 14 May 1997, was eligible for financial assistance;

(2)  adapted as required, also apply to the holder of a childcare centre permit issued under the new provisions of section 7 of the Act and to a home childcare provider recognized by such a permit holder.

However, a parent from whom the contribution fixed by the Government under the new provisions of section 39 of the Act is required for childcare provided to a child cannot be exempted from payment of that contribution pursuant to the former provisions of section 40 of the Act.

A parent who pays the contribution fixed under the new provisions of section 39 of the Act for childcare provided to a child is not eligible for exemption in respect of the contribution paid for childcare provided to the child.

The former provisions of sections 41.3 to 41.5 and section 45 of the Act apply to a parent who feels aggrieved by a decision made under the former provisions of section 41.5 of the Act.

1997, c. 58, s. 168.

The provisions of sections 38 to 41, 41.1.1 and of subparagraphs 20, 21 and 22 of section 73 of the Act respecting child day care (chapter S-4.1) as they read before 1 September 1997, as well as the provisions of sections 1 to 55 and 64 of the Regulation respecting exemption and financial assistance for a child in day care made under those provisions, by Order in Council 69-93 dated 27 January 1993, (1993) 125 G.O. 2, 745, shall cease to apply as of 1 September 2000. Order in Council 975-2000 dated 16 August 2000, (2000) 132 G.O. 2, 4409.

169. The provisions of section 258 of the Education Act (chapter I-13.3), as it read before 1 September 1997, shall remain in force until the Government, by order, terminates the application of the provisions of the first paragraph of section 168 of this Act.

1997, c. 58, s. 169.

170. The Government may appropriate sums annually to allow the Minister to grant exemptions and financial assistance for the purposes of section 168, particularly in respect of childcare provided at school by a school board pursuant to section 256 of the Education Act (chapter I-13.3), as amended by section 49 of this Act.

1997, c. 58, s. 170.

171. The Minister may develop and implement a plan allowing a non-profit legal person, other than one to which section 157 of this Act applies, that on 14 May 1997 is the holder of a day care centre permit, to become, subject to the conditions determined by the Minister, eligible for grants, including grants for operating expenses, determined under the new provisions of section 41.6 of the Act and included in the budgetary spending program.

The said permit holder shall become the holder of a childcare centre permit issued under the new provisions of section 7 of the Act as soon as the grants have been made by the Minister. The permit holder must, in the ensuing year, bring the composition of its board of directors into conformity with the requirements of the new provisions of the first paragraph of section 7 of the Act, and has until 31 August 2002 to become a childcare centre within the meaning of the new provisions of section 1 of the Act, on pain of revocation of the permit. The permit holder must also cease to use a name which includes the expression “day care centre” in the year following the issue of the permit.

1997, c. 58, s. 171.

172. The Minister may develop and implement a plan allowing an applicant for or the holder of a childcare centre permit under the new provisions of section 7 of the Act to acquire, subject to the conditions determined by the Minister, a day care centre or a home day care agency operated by a person that was the holder of a day care centre permit or home day care agency permit on 11 June 1997.

Following the acquisition, the applicant shall become the holder of a childcare centre permit and has until 31 August 2002 to become a childcare centre within the meaning of the new provisions of section 1 of the Act, on pain of revocation of the permit.

1997, c. 58, s. 172.

173. The Minister may, subject to the conditions he determines, enter into an agreement with the holder of a day care centre permit or home day care agency permit that undertakes to take part in the plans established under sections 171 and 172 of this Act, stipulating that the permit holder may be allotted places for which parents are to pay the fixed contribution, or for which parents are to be exempted from payment of the contribution under the new provisions of section 39 of the Act, and may be allotted the grant determined by the Minister to the extent that moneys are allocated for that purpose under the new provisions of section 41.6 of the Act.

Likewise, the Minister may enter into such an agreement with the holder of a home day care agency permit issued under the former provisions of section 7 of the Act that undertakes to satisfy the requirements of subparagraph 4 of the first paragraph of section 160 of this Act as regards the composition of its board of directors.

A permit holder that, following such an agreement, receives grants under the new provisions of section 41.6 of the Act shall be governed by the new provisions of section 13.3, the second paragraph of section 17.0.1, and sections 38, 39, 41.6.1, 41.6.2, 74.5, 74.7 and 76.1 of the Act, adapted as required, and by the provisions of subparagraph 2 of the first paragraph of section 160 and the second paragraph of section 167 of this Act, adapted as required.

The new provisions of sections 41.3 to 41.5 of the Act, adapted as required, apply to a parent who feels aggrieved by a decision concerning the contribution or exemption referred to in the new provisions of section 39 of the Act.

1997, c. 58, s. 173.

174. The first regulation concerning childcare centres made under the new provisions of paragraphs 1 to 10.2, 12.1 to 15, 16.1 and 24 of section 73 of the Act, and the first regulation made under the new provisions of paragraphs 20 to 22.1 of that section, are not subject to the publication requirements of section 11 of the Regulations Act (chapter R-18.1), provided they are made before 1 September 1997.

The same applies in the case of the first regulation amending the Regulation respecting exemption and financial assistance for a child in day care, the Regulation respecting day care centres, the Regulation respecting home day care agencies and home day care or, for the purposes of the new section 48.5 of the Act respecting income security (chapter S-3.1.1), the Regulation respecting income security enacted by Order in Council 922-89 (1989, G.O. 2, 2443), as amended.

Such regulations shall come into force on the date of their publication in the Gazette officielle du Québec or on any later date fixed therein, notwithstanding section 17 of the Regulations Act.

1997, c. 58, s. 174.

175. Every person operating a nursery school on the date fixed by the Government under section 141 of this Act must obtain the required permit in the ensuing year.

The same applies to every person operating a stop over centre for which a permit is required under the new provisions of section 6 of the Act.

1997, c. 58, s. 175.

176. Every person referred to in section 157 of this Act that, on 1 September 1997, is operating a nursery school or a stop over centre, may continue to operate it until no later than the earlier of 1 September 2002 and the day fixed by the Government for the coming into force of the provisions of section 141 of chapter 58 of the statutes of 1997.

1997, c. 58, s. 176.

177. Unless otherwise indicated by the context, a reference to the Act respecting child day care (chapter S-4.1) in any Act, regulation, by-law, order in council, contract or other document is a reference to the Act respecting childcare centres and childcare services (chapter C-8.2).

1997, c. 58, s. 177.

178. The Government may, by way of regulations made before 1 September 1998, adopt any other transitional measures required for the application of this Act.

Regulations made under the first paragraph may, if they so provide, operate from any date not prior to 1 September 1997.

1997, c. 58, s. 178.

179. Until 2 July 1997, the new provisions of the Act and the provisions of sections 171 to 173 of this Act that apply to the Minister shall be read, adapted as required, as if they applied to the Office.

1997, c. 58, s. 179.

180. No day care centre permit may be issued under the former provisions of section 5 of the Act or the new provisions of the said section following an application made on or after 11 June 1997 and before 12 June 2002, except if the application is made for the renewal of a permit in force on 11 June 1997, for the issue of a permit to the acquirer of a day care centre operated by a permit holder, or for the issue of a permit to

(1)  a municipality;

(2)  a public institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5);

(3)  a person that, on 11 June 1997, is a private educational institution within the meaning of the Act respecting private education (chapter E-9.1).

The former provisions and the new provisions of sections 20 and 21 of the Act, and the provisions of section 42 of the Act respecting child day care (chapter S-4.1) and the Act respecting childcare centres and childcare services (chapter C-8.2) do not apply where the issue of a permit is refused pursuant to this section.

1997, c. 58, s. 180.

181. (Omitted).

1997, c. 58, s. 181.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 58 of the statutes of 1997, in force on 1 April 1998, is repealed, except sections 137 to 139, 141, 144 and 181, effective from the coming into force of chapter M-17.2 of the Revised Statutes.