I-14 - The Education Act for Cree, Inuit and Naskapi Native Persons

Section 431 Disposition versions

1982-12-16

431. The provisions of this Act respecting the juridical status, powers, duties and obligations of school boards and commissioners apply, with the necessary modifications, to the regional board and its commissioners.

R. S. 1964, c. 235, s. 475; 1972, c. 55, s. 101; 1973, c. 37, s. 5; 1974, c. 61, s. 10; 1975, c. 45, s. 29; 1977, c. 5, s. 14; 1979, c. 80, s. 45; 1981, c. 26, s. 8; 1982, c. 58, s. 36.

1982-03-25

431. The provisions of this Act respecting the powers, duties and obligations of school boards and school commissioners apply, mutatismutandis, to the regional board and its commissioners.

R. S. 1964, c. 235, s. 475; 1972, c. 55, s. 101; 1973, c. 37, s. 5; 1974, c. 61, s. 10; 1975, c. 45, s. 29; 1977, c. 5, s. 14; 1979, c. 80, s. 45; 1981, c. 26, s. 8.

1980-03-01

431. (1)  The provisions of this act respecting the powers, duties and obligations of school boards and school commissioners shall apply, mutatismutandis, to the regional board and its commissioners.

(2)  A regional board may, by a resolution in accordance with the regulations made by the Government under section 5 of the Transport Act (chapter T-12):

(a)  provide for the transport of pupils to and from a school under its jurisdiction or under that of a local school board or of another regional board, assume any expense necessary for that purpose and make any agreement for that purpose with such a board;

(b)  make any agreement with a general and vocational college or educational institution other than a school contemplated in subparagraph a, situated in its territory or outside its territory, to provide for the transport of pupils who attend such college or institution and claim from it payment of the costs of such transport after the general and vocational college or institution has imputed the cost to the parents of the pupils transported up to the cost not repaid under section 9 of the Act respecting grants to school boards (chapter S-36).

(3)  Every contract for transport contemplated in subsection 2 shall be granted only after tenders have been called for in the form prescribed by the regulations mentioned therein, by means of a public notice specifying the principal conditions of the service to be operated, which must be for an initial period of three years, at the end of which the contract shall be extended from year to year for three additional years with the annual approval of the Commission des transports du Québec, which may refuse it solely if the transport is not effected or cannot be effected in accordance with such regulations and contract. The rate and tariff standards determined by the Government shall be applied to such extensions; such rates and tariffs must take into account the increase in cost since the beginning of the initial period of three years.

The Government may by regulation authorize the Commission to revise, at the times and on the conditions it determines, the price of a contract for the transport contemplated in subsection 2.

Nevertheless a contract for transport contemplated in subsection 2 may be granted for a period of less than one year in the cases determined in such regulations and according to the conditions contemplated therein.

(4)  Notwithstanding subsection 3, a contract for the transport of nine pupils or less may be granted without calling for public tenders.

(5)  Notwithstanding subsection 3, a regional school board in the territory of which there is a transport commission or a holder of a permit for public transport accessible to the public or to a class of persons for a consideration or not, may, and at the request of the Minister of Transport shall, on the conditions determined by regulation passed in accordance with section 5 of the Transport Act:

(a)  make by agreement with such permit holder a contract for the transport of the persons contemplated in subsection 2;

(b)  purchase from such permit holder the tickets necessary for the transport of pupils;

(c)  make by agreement with such permit holder a contract for a lump sum whereby he undertakes to transport, on certain days and at certain hours along certain routes and on certain other conditions predetermined for the whole school year, all the persons attending an educational establishment, in consideration of the regional school board’s undertaking to pay him a fixed price based on projected use or another basis, or

(d)  pay directly to the parents of the persons transported an amount equal to the tariff authorized for the transport of pupils.

(6)  No draft transport contract under this section and no calling for tenders or specifications for such purposes shall be definitively proposed to anyone, unless approved by the Minister of Transport.

(7)  Every interested person may, within fifteen days of the award of a contract by a regional school board or a school board, request the Commission des transports du Québec to annul or amend such award, to change the price of the contract or to amend the contract if it is not in accordance with the specifications approved by the Minister of Transport.

A carrier, if the price of his contract for the transport of school children has been reduced by the Commission des transports du Québec, may terminate such contract by a notice in writing to the Ministère des Transports and to the regional school board or the school board concerned, provided such notices are served within five days of the date of the Commission’s decision and such carrier pays to the regional school board or to the school board, within the same delay, an amount equal to one-half of the tender deposit, as liquidated damages.

The carrier must, when he terminates a contract in accordance with the preceding paragraph, provide or continue to provide the services provided for in such contract at the price he indicated in the tender and on the same conditions until another carrier provides the services provided for in such contract.

No carrier who unilaterally terminates a contract for the transport of school children may obtain, by tender or otherwise, a new contract for the transport of school children with the same regional school board, the same school board or the same educational institution for a period of five years.

(8)  If transport is effected in accordance with subsection 5, the price of the contracts of the tariffs for transport must be fixed by the Commission des transports du Québec.

(9)  The Commission des transports du Québec may extend on an annual basis, for the school years 1980-1981 and 1981-1982, a contract granted in accordance with paragraphs 2 to 8, from the school year 1974-1975, provided that that contract has been extended as in paragraph 3.

The Commission des transports du Québec shall not refuse an extension contemplated by this paragraph unless the transport is not or cannot be carried out in accordance with the regulations applicable thereto.

At the time of an extension contemplated in this paragraph, the Commission des transports du Québec may adjust the cost of the contract in accordance with the standards that the Government may determine by regulation.

(10)  The Commission des transports du Québec may, in the manner and on the conditions indicated in paragraph 9, extend, for the 1981-1982 school year, a contract granted in accordance with paragraphs 2 to 8 from the 1975-1976 school year.

R. S. 1964, c. 235, s. 475; 1972, c. 55, s. 101; 1973, c. 37, s. 5; 1974, c. 61, s. 10; 1975, c. 45, s. 29; 1977, c. 5, s. 14; 1979, c. 80, s. 45.

1977-12-31

431. (1)  The provisions of this act respecting the powers, duties and obligations of school boards and school commissioners shall apply, mutatismutandis, to the regional board and its commissioners.

(2)  A regional board may, by a resolution in accordance with the regulations made by the Gouvernement under section 5 of the Transport Act (chapter T-12):

(a)  provide for the transport of pupils to and from a school under its jurisdiction or under that of a local school board or of another regional board, assume any expense necessary for that purpose and make any agreement for that purpose with such a board;

(b)  make any agreement with a general and vocational college or educational institution other than a school contemplated in subparagraph a, situated in its territory or outside its territory, to provide for the transport of pupils who attend such college or institution and claim from it payment of the costs of such transport after the general and vocational college or institution has imputed the cost to the parents of the pupils transported up to the cost not repaid under section 9 of the Act respecting grants to school boards (chapter S-36).

(3)  Every contract for transport contemplated in subsection 2 shall be granted only after tenders have been called for in the form prescribed by the regulations mentioned therein, by means of a public notice specifying the principal conditions of the service to be operated, which must be for an initial period of three years, at the end of which the contract shall be extended from year to year for three additional years with the annual approval of the Commission des transports du Québec, which may refuse it solely if the transport is not effected or cannot be effected in accordance with such regulations and contract. The rate and tariff standards determined by the Gouvernement shall be applied to such extensions; such rates and tariffs must take into account the increase in cost since the beginning of the initial period of three years.

The Gouvernement may by regulation authorize the Commission to revise, at the times and on the conditions it determines, the price of a contract for the transport contemplated in subsection 2.

Nevertheless a contract for transport contemplated in subsection 2 may be granted for a period of less than one year in the cases determined in such regulations and according to the conditions contemplated therein.

(4)  Notwithstanding subsection 3, a contract for the transport of nine pupils or less may be granted without calling for public tenders.

(5)  Notwithstanding subsection 3, a regional school board in the territory of which there is a transport commission or a holder of a permit for public transport accessible to the public or to a class of persons for a consideration or not, may, and at the request of the Minister of Transport shall, on the conditions determined by regulation passed in accordance with section 5 of the Transport Act:

(a)  make by agreement with such permit holder a contract for the transport of the persons contemplated in subsection 2;

(b)  purchase from such permit holder the tickets necessary for the transport of pupils;

(c)  make by agreement with such permit holder a contract for a lump sum whereby he undertakes to transport, on certain days and at certain hours along certain routes and on certain other conditions predetermined for the whole school year, all the persons attending an educational establishment, in consideration of the regional school board’s undertaking to pay him a fixed price based on projected use or another basis, or

(d)  pay directly to the parents of the persons transported an amount equal to the tariff authorized for the transport of pupils.

(6)  No draft transport contract under this section and no calling for tenders or specifications for such purposes shall be definitively proposed to anyone, unless approved by the Minister of Transport.

(7)  Every interested person may, within fifteen days of the award of a contract by a regional school board or a school board, request the Commission des transports du Québec to annul or amend such award, to change the price of the contract or to amend the contract if it is not in accordance with the specifications approved by the Minister of Transport.

A carrier, if the price of his contract for the transport of school children has been reduced by the Commission des transports du Québec, may terminate such contract by a notice in writing to the Ministère des transports and to the regional school board or the school board concerned, provided such notices are served within five days of the date of the Commission’s decision and such carrier pays to the regional school board or to the school board, within the same delay, an amount equal to one-half of the tender deposit, as liquidated damages.

The carrier must, when he terminates a contract in accordance with the preceding paragraph, provide or continue to provide the services provided for in such contract at the price he indicated in the tender and on the same conditions until another carrier provides the services provided for in such contract.

No carrier who unilaterally terminates a contract for the transport of school children may obtain, by tender or otherwise, a new contract for the transport of school children with the same regional school board, the same school board or the same educational institution for a period of five years.

(8)  If transport is effected in accordance with subsection 5, the price of the contracts or the tariffs for transport must be fixed by the Commission des transports du Québec.

R. S. 1964, c. 235, s. 475; 1972, c. 55, s. 101; 1973, c. 37, s. 5; 1974, c. 61, s. 10; 1975, c. 45, s. 29; 1977, c. 5, s. 14.