I-13.3 - Education Act

Section 478 Disposition versions

2024-09-01

478. The Minister may designate a person generally or specially to ascertain whether the provisions of this Act and the statutory instruments are being complied with. The Minister may, in the same manner, designate a person to verify whether the information in his possession could demonstrate that a teacher has committed a serious fault in the exercise of his functions or an act derogatory to the honour and dignity of the teaching profession.

The person designated may

(1)  enter, at any reasonable time, the premises or immovables of a school service centre, including the premises or immovables that are placed at the disposal of the educational institutions of the school service centre, or of the Comité de gestion de la taxe scolaire de l’île de Montréal;

(2)  examine and make copies of any register or document relating to the activities of a school service centre or of any of the school service centre’s educational institutions or of the Comité de gestion de la taxe scolaire de l’île de Montréal;

(2.1)  enter, at any reasonable time, any place where the person has reason to believe children required to attend school are receiving training or instruction not governed by this Act or the Act respecting private education (chapter E-9.1) and require the persons present to provide their names and contact information and the names and contact information of the children and their parents;

(2.2)  take photographs or make recordings;

(3)  require any information or document relating to the application of this Act.

Despite subparagraph 2.1 of the second paragraph, to enter a dwelling house, a designated person must obtain the occupant’s authorization or, failing that, a search warrant in accordance with the Code of Penal Procedure (chapter C-25.1).

The owner or person in charge of a place being inspected and any other person present is required to assist a designated person in the exercise of his functions.

1988, c. 84, s. 478; 1997, c. 96, s. 146; 2002, c. 75, s. 31; 2017, c. 23, s. 17; 2020, c. 1, s. 312; 2024, c. 9, s. 23.

2020-06-15

478. The Minister may designate a person generally or specially to ascertain whether the provisions of this Act and the statutory instruments are being complied with.

The person designated may

(1)  enter, at any reasonable time, the premises or immovables of a school service centre, including the premises or immovables that are placed at the disposal of the educational institutions of the school service centre, or of the Comité de gestion de la taxe scolaire de l’île de Montréal;

(2)  examine and make copies of any register or document relating to the activities of a school service centre or of any of the school service centre’s educational institutions or of the Comité de gestion de la taxe scolaire de l’île de Montréal;

(2.1)  enter, at any reasonable time, any place where the person has reason to believe children required to attend school are receiving training or instruction not governed by this Act or the Act respecting private education (chapter E-9.1) and require the persons present to provide their names and contact information and the names and contact information of the children and their parents;

(2.2)  take photographs or make recordings;

(3)  require any information or document relating to the application of this Act.

Despite subparagraph 2.1 of the second paragraph, to enter a dwelling house, a designated person must obtain the occupant’s authorization or, failing that, a search warrant in accordance with the Code of Penal Procedure (chapter C-25.1).

The owner or person in charge of a place being inspected and any other person present is required to assist a designated person in the exercise of his functions.

1988, c. 84, s. 478; 1997, c. 96, s. 146; 2002, c. 75, s. 31; 2017, c. 23, s. 17; 2020, c. 1, s. 312.

2017-11-09

478. The Minister may designate a person generally or specially to ascertain whether the provisions of this Act and the statutory instruments are being complied with.

The person designated may

(1)  enter, at any reasonable time, the premises or immovables of a school board, including the premises or immovables that are placed at the disposal of the educational institutions of the school board, or of the Comité de gestion de la taxe scolaire de l’île de Montréal;

(2)  examine and make copies of any register or document relating to the activities of a school board or of any of the school board’s educational institutions or of the Comité de gestion de la taxe scolaire de l’île de Montréal;

(2.1)  enter, at any reasonable time, any place where the person has reason to believe children required to attend school are receiving training or instruction not governed by this Act or the Act respecting private education (chapter E-9.1) and require the persons present to provide their names and contact information and the names and contact information of the children and their parents;

(2.2)  take photographs or make recordings;

(3)  require any information or document relating to the application of this Act.

Despite subparagraph 2.1 of the second paragraph, to enter a dwelling house, a designated person must obtain the occupant’s authorization or, failing that, a search warrant in accordance with the Code of Penal Procedure (chapter C-25.1).

The owner or person in charge of a place being inspected and any other person present is required to assist a designated person in the exercise of his functions.

1988, c. 84, s. 478; 1997, c. 96, s. 146; 2002, c. 75, s. 31; 2017, c. 23, s. 17.

2003-02-28

478. The Minister may designate a person generally or specially to ascertain whether the provisions of this Act and the statutory instruments are being complied with.

The person designated may

(1)  enter, at any reasonable time, the premises or immovables of a school board, including the premises or immovables that are placed at the disposal of the educational institutions of the school board, or of the Comité de gestion de la taxe scolaire de l’île de Montréal;

(2)  examine and make copies of any register or document relating to the activities of a school board or of any of the school board’s educational institutions or of the Comité de gestion de la taxe scolaire de l’île de Montréal;

(3)  require any information or document relating to the application of this Act.

1988, c. 84, s. 478; 1997, c. 96, s. 146; 2002, c. 75, s. 31.

1997-12-19

478. The Minister may designate a person generally or specially to ascertain whether the provisions of this Act and the statutory instruments are being complied with.

The person designated may

(1)  enter, at any reasonable time, the premises or immovables of a school board, including the premises or immovables that are placed at the disposal of the educational institutions of the school board, or of the Conseil scolaire de l’Île de Montréal;

(2)  examine and make copies of any register or document relating to the activities of a school board or of any of the school board’s educational institutions or of the Conseil scolaire de l’Île de Montréal;

(3)  require any information or document relating to the application of this Act.

1988, c. 84, s. 478; 1997, c. 96, s. 146.

1989-07-01

478. The Minister may request any person he designates to verify whether a school board or the Conseil scolaire de l’île de Montréal is complying with the provisions of this Act and the regulations or to investigate any matter respecting the quality of the educational services as well as the management, organization and operation of a school board or the Conseil scolaire de l’île de Montréal.

The person so designated has, for the purposes of a verification or an investigation, the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.

The Minister, Deputy Minister and Associate Deputy Ministers shall have, ex officio, the authority and powers to make any verification or investigation.

1988, c. 84, s. 478.