Consolidated Statutes and Regulations Consolidated Statutes Consolidated Regulations Annual Statutes and Regulations Annual Statutes Annual Regulations Additional information Québec Official Publisher What’s new? Information note Policy of the Minister of Justice Laws: Amendments Laws: Provisions not in force Laws: Provisions brought into force Annual Statutes: PDF versions since 1996 Regulations: Amendments Annual Regulations: PDF versions since 1996 Court Decisions

I-13.3 - Education Act

Section 439
Disposition versions

Full text
439. The Comité shall, for each school year, apportion the amount for financing local needs and the investment income of all or part of that amount according to the following rules:
(1)  every school service centre on the island of Montréal shall, not later than 3 January of each year, receive the amount for financing local needs computed using the method prescribed by a regulation made under section 455.1;
(2)  the remainder, after deducting the amount determined by the Comité for its purposes, shall be apportioned among the school service centres to ensure the upgrading of education in economically disadvantaged areas served by those school service centres, at such periods and according to such allocation rules as determined by a resolution adopted by the vote of at least two-thirds of the members of the Comité.
The remainder referred to in subparagraph 2 of the first paragraph must be apportioned in a fair and non-discriminatory manner.
1988, c. 84, s. 439; 1990, c. 28, s. 14; 1990, c. 78, s. 12, s. 54; 2002, c. 75, s. 24; 2019, c. 5, s. 21; 2020, c. 1, s. 312.
439. The Comité shall, for each school year, apportion the amount for financing local needs and the investment income of all or part of that amount according to the following rules:
(1)  every school board on the island of Montréal shall, not later than 3 January of each year, receive the amount for financing local needs computed using the method prescribed by a regulation made under section 455.1;
(2)  the remainder, after deducting the amount determined by the Comité for its purposes, shall be apportioned among the school boards to ensure the upgrading of education in economically disadvantaged areas served by those school boards, at such periods and according to such allocation rules as determined by a resolution adopted by the vote of at least two-thirds of the members of the Comité.
The remainder referred to in subparagraph 2 of the first paragraph must be apportioned in a fair and non-discriminatory manner.
1988, c. 84, s. 439; 1990, c. 28, s. 14; 1990, c. 78, s. 12, s. 54; 2002, c. 75, s. 24; 2019, c. 5, s. 21.
439. The Comité shall apportion, for every school year, the proceeds of school tax and the investment income of all or part of the proceeds according to the following rules:
(1)  each school board on the island of Montréal shall receive, not later than 3 January of each year, that part of the proceeds of the school tax that corresponds to the proportion that the amount required by the school board is of the total amount obtained by effecting for each school board on the island of Montréal the calculations set out in the second and third paragraphs of section 308; a school board may not receive any amount in excess of the maximum proceeds of school tax resulting from the calculations set out in the second and third paragraphs of section 308;
(2)  the remainder, after deducting the amount determined by the Comité for its purposes, shall be apportioned among the school boards to ensure the upgrading of education in economically disadvantaged areas served by those school boards, at such periods and according to such allocation rules as determined by a resolution adopted by the vote of at least two-thirds of the members of the Comité.
The remainder referred to in subparagraph 2 of the first paragraph must be apportioned in a fair and non-discriminatory manner.
1988, c. 84, s. 439; 1990, c. 28, s. 14; 1990, c. 78, s. 12, s. 54; 2002, c. 75, s. 24.
For the school years 2018-2019 and 2019-2020, See Transitional provision S.Q. 2018, c. 5, s. 87.
439. The Comité shall apportion, for every school year, the proceeds of school tax and the investment income of all or part of the proceeds according to the following rules :
(1)  each school board on the island of Montréal shall receive, not later than 3 January of each year, that part of the proceeds of the school tax that corresponds to the proportion that the amount required by the school board is of the total amount obtained by effecting for each school board on the island of Montréal the calculations set out in the second and third paragraphs of section 308 ; a school board may not receive any amount in excess of the maximum proceeds of school tax resulting from the calculations set out in the second and third paragraphs of section 308 ;
(2)  the remainder, after deducting the amount determined by the Comité for its purposes, shall be apportioned among the school boards to ensure the upgrading of education in economically disadvantaged areas served by those school boards, at such periods and according to such allocation rules as determined by a resolution adopted by the vote of at least two-thirds of the members of the Comité.
The remainder referred to in subparagraph 2 of the first paragraph must be apportioned in a fair and non-discriminatory manner.
1988, c. 84, s. 439; 1990, c. 28, s. 14; 1990, c. 78, s. 12, s. 54; 2002, c. 75, s. 24.
439. The Council shall, for each school year, apportion the proceeds of the school tax and investment income from all or part of those proceeds according to the following rules:
(1)  each school board on the island of Montréal shall receive, not later than 3 January each year, the amount it has required, up to an amount equal to the lesser of the limits determined pursuant to section 308, as if the school tax were levied by the school board itself;
(2)  the remainder, after deducting the amount determined by resolution of the Council for its purposes, shall be apportioned among the school boards to ensure the upgrading of education in economically disadvantaged areas of those school boards, at such periods and according to such allocation rules as established by resolution of the Council.
Within 60 days from the adoption by the Council of any such resolution contemplated in subparagraph 2 of the first paragraph, a school board may, by way of a resolution submitted to the Minister, oppose the resolution of the Council. The Minister shall rule on any dispute so submitted to him; for this purpose, he may modify the amount determined by the Council for its purposes or change the periods for remittance or the allocation rules of the Council.
The remainder referred to in subparagraph 2 of the first paragraph must be apportioned in a fair and equitable manner.
1988, c. 84, s. 439; 1990, c. 28, s. 14; 1990, c. 78, s. 12, s. 54.
439. The Council shall, for each school year, apportion the proceeds of the school tax and investment income from all or part of those proceeds according to the following rules:
(1)  each school board on the island of Montréal shall receive, not later than 3 January each year, the amount it has required, up to an amount equal to the lesser of the limits determined pursuant to section 308, as if the school tax were levied by the school board itself;
(2)  the remainder, after deducting the amount determined by resolution of the Council for its purposes, shall be apportioned among the school boards to ensure the upgrading of instruction in underprivileged areas of those school boards, at such periods and according to such allocation rules as established by resolution of the Council.
Within 60 days from the adoption by the Council of any such resolution contemplated in subparagraph 2 of the first paragraph, a school board may, by way of a resolution submitted to the Minister, oppose the resolution of the Council. The Minister shall rule on any dispute so submitted to him; for this purpose, he may modify the amount determined by the Council for its purposes or change the periods for remittance or the allocation rules of the Council.
1988, c. 84, s. 439; 1990, c. 28, s. 14.
439. The Council shall receive, for the account of the school boards, the proceeds of the school tax levied for their purposes, to a maximum amount representing either 6 % of the aggregate of their net expenditures or a taxation rate of $0.25 per $100 of the standardized assessment of taxable immovables or a portion of that assessment included in the real estate tax base of each school board.
The Council shall apportion the proceeds of the tax among the school boards, to the extent and according to the rules indicated by resolution.
1988, c. 84, s. 439.
© Gouvernement du Québec