C-60 - Act respecting the Conseil supérieur de l’éducation

À jour au 22 octobre 1999

Ce document a valeur officielle.

chapter C-60

Act respecting the Conseil supérieur de l’éducation

WHEREAS every child is entitled to the advantage of a system of education conducive to the full development of his personality;

Whereas parents have the right to choose the institutions which, according to their convictions, ensure the greatest respect for the rights of their children;

Whereas persons and groups are entitled to establish autonomous educational institutions and, subject to the requirements of the common welfare, to avail themselves of the administrative and financial means necessary for the pursuit of their ends;

Whereas it is expedient to establish, in accordance with these principles, to collaborate with the Minister of Education, a Conseil supérieur de l’éducation with which shall be associated a Catholic committee, a Protestant committee, and commissions to make suggestions to such Conseil respecting various branches of education, and an advisory committee to advise the Minister on the financial accessibility of education.

1. A body, hereinafter called the “Council”, is established under the name of the “Conseil supérieur de l’éducation”.

R. S. 1964, c. 234, s. 1; 1977, c. 5, s. 14.

2. The Council shall consist of twenty-four members. At least sixteen shall be Catholics, at least four shall be Protestants and at least one shall be neither Catholic nor Protestant.

R. S. 1964, c. 234, s. 2.

3. Members of the National Assembly as well as persons who do not reside in Québec shall not be members of the Council, its committees or its commissions.

R. S. 1964, c. 234, s. 3; 1968, c. 9, s. 79; 1969, c. 66, s. 1.

4. Twenty-two members of the Council shall be appointed by the Government, after consultation with the religious authorities and the associations or bodies most representative of the parents, teachers, school board members and socio-economic groups.

The members shall be appointed on the recommendation of the Minister of Education.

R. S. 1964, c. 234, s. 4; 1993, c. 26, s. 29; 1993, c. 51, s. 22; 1994, c. 16, s. 50.

5. Such members shall be appointed for a term of four years, except the first who shall be appointed, five for one year, five for two years, six for three years and six for four years.

At the end of their term, members of the Council remain in office until they are reappointed or replaced.

Any vacancy shall be filled for the remainder of the term of the member to be replaced.

In no case shall the mandate be renewable consecutively more than once.

R. S. 1964, c. 234, s. 5; 1990, c. 8, s. 67.

6. The chairman of each of the two committees of the Council referred to in section 15 shall be exofficio a member of the Council.

R. S. 1964, c. 234, s. 6; 1999, c. 17, s. 2.

7. The Deputy Minister of Education and the associate deputy ministers shall be ex officio associate members of the Council, but shall not be entitled to vote.

They shall supply the Council and its committees and commissions with such available information as the latter require.

R. S. 1964, c. 234, s. 7; 1969, c. 66, s. 7; 1993, c. 26, s. 30; 1993, c. 51, s. 23; 1994, c. 16, s. 50.

8. The Government shall appoint from among the members of the Council a president and a vice-president, one a Catholic and the other a Protestant.

They shall both devote at least one-half of their time to their duties.

R. S. 1964, c. 234, s. 8.

9. The Council shall:

(a)  give its opinion to the Minister of Education on the regulations or draft regulations that the Minister is required to submit to the Council;

(b)  give its opinion to the Minister of Education on any matter within his competence that he submits to it, in particular as regards the creation of any new general and vocational college or any new university-level educational institution;

(c)  submit to the Minister of Education an annual report on the state and needs of education.

The Minister of Education shall table the report on the state and needs of education before the National Assembly within 30 days of receiving it or, if the Assembly is not sitting, within 30 days of resumption.

R. S. 1964, c. 234, s. 9; 1985, c. 21, s. 24; 1988, c. 41, s. 88; 1993, c. 26, s. 31; 1993, c. 51, s. 24; 1994, c. 16, s. 50.

10. The Council may:

(a)  invite opinions, and receive and hear the petitions and suggestions of the public in matters of education;

(b)  make recommendations to the Minister of Education on any matter within his competence relating to education;

(c)  cause to be carried out such studies and research as it deems useful or necessary for the pursuit of its objects;

(d)  make for its internal management regulations which shall be subject to the approval of the Government.

R. S. 1964, c. 234, s. 10; 1969, c. 66, s. 2; 1985, c. 21, s. 25; 1988, c. 41, s. 88; 1993, c. 51, s. 25; 1994, c. 16, s. 50.

11. The Council may hold its meetings at any place in Québec.

The Council shall meet at least ten times a year.

R. S. 1964, c. 234, s. 11; 1999, c. 17, s. 3.

12. The members of the Council and those of its committees and commissions shall receive no salary. They shall be indemnified for expenses incurred by them in attending meetings and shall receive an attendance allowance fixed by the Government.

The president and the vice-president of the Council and the chairmen of its two committees referred to in section 15 shall receive a salary fixed by the Government.

R. S. 1964, c. 234, s. 12; 1969, c. 66, s. 7; 1986, c. 78, s. 1; 1999, c. 17, s. 4.

13. The Government shall appoint to the Council, in accordance with the Public Service Act (chapter F-3.1.1), two joint secretaries and such other officers and employees as are necessary for its activities.

The secretaries shall be appointed on the recommendation of the Council.

R. S. 1964, c. 234, s. 13; 1965 (1st sess.), c. 14, s. 81; 1978, c. 15, s. 140; 1983, c. 55, s. 161.

14. The Council and its committees and commissions shall have their secretarial office in the territory of the Communauté urbaine de Québec.

The secretaries shall:

(1)  keep in a register a record of the proceedings of their Council, committee or commission;

(2)  at the request of a member, insert in the minutes any minority opinion or recommendation;

(3)  report to their Council, committee or commission all applications or suggestions made to them, all documents coming into their hands and matters within their knowledge, which are within its jurisdiction;

(4)  keep the record of proceedings, their correspondence and all documents in their possession, in the premises placed at their disposal.

R. S. 1964, c. 234, s. 14; 1969, c. 66, s. 7; 1979, c. 23, s. 25.

14.1. Not later than 30 June each year, the Council shall submit a report of its activities for the preceding fiscal year to the Minister of Education.

The Minister shall table the report before the National Assembly within 30 days of receiving it or, if the Assembly is not sitting, within 30 days of resumption.

1993, c. 26, s. 32; 1993, c. 51, s. 26; 1994, c. 16, s. 50.

15. A Catholic committee and a Protestant committee of the Council, each consisting of fifteen members, are established.

R. S. 1964, c. 234, s. 15.

16. The Catholic committee shall consist of an equal number of representatives of the Catholic religious authorities, parents and teachers.

The representatives of the religious authorities shall be appointed by the assembly of the Catholic bishops of Québec. The others shall be appointed by the Government on the recommendation of the Council which shall first consult the associations or organizations most representative of parents and teachers and obtain the assent of the assembly of bishops. Such recommendation must have been agreed to in the Council by the majority of the Catholic members thereof.

R. S. 1964, c. 234, s. 16.

17. The Protestant committee shall consist of representatives of the Protestant denominations, parents and teachers.

Such representatives shall be appointed by the Government on the recommendation of the Council which shall first consult the associations or organizations most representative of the Protestant denominations, parents and teachers. Such recommendation must have been agreed to in the Council by the majority of the Protestant members thereof.

R. S. 1964, c. 234, s. 17.

18. The members of such committees shall be appointed for a term of three years. Nevertheless five of the first members of each of such committees shall hold office for four years and five others for five years. Such members, if not designated when appointed, shall be designated by lot.

At the end of their term, members of such committees remain in office until they are reappointed or replaced.

Any vacancy in either of such committees shall be filled for the remainder of the term of office of the member to be replaced.

In no case shall an appointment be renewed consecutively more than once.

R. S. 1964, c. 234, s. 18; 1990, c. 8, s. 68.

19. The Deputy Minister of Education may attend any meeting of either the Catholic or the Protestant committees upon the invitation of its chairman or at the request of the Minister.

The associate deputy ministers shall be ex officio associate members of the Catholic or Protestant committee, as the case may be.

Neither the Deputy Minister nor the associate deputy ministers shall have the right to vote.

R. S. 1964, c. 234, s. 19; 1993, c. 51, s. 27; 1994, c. 16, s. 50.

20. Each committee shall appoint one of its members as its chairman.

The chairman shall devote at least one-half of his time to his duties.

R. S. 1964, c. 234, s. 20; 1986, c. 78, s. 2.

21. The Government shall appoint to each of such committees, in accordance with the Public Service Act (chapter F-3.1.1) and the committee’s recommendation, a secretary who shall devote all his time to his duties.

R. S. 1964, c. 234, s. 21; 1965 (1st sess.), c. 14, s. 81; 1978, c. 15, s. 140; 1983, c. 55, s. 161.

22. It shall be the duty of such committees:

(a)  to make regulations respecting Catholic or Protestant moral and religious instruction, Catholic pastoral care and guidance and Protestant religious care and guidance, in educational institutions;

(b)  to make regulations respecting the qualifications of the teaching staff which provides Catholic or Protestant moral and religious instruction, and of the teaching staff which provides Catholic pastoral care and guidance or Protestant religious care and guidance, in educational institutions;

(c)  to approve, for Catholic or Protestant moral and religious instruction, the curricula, educational guides, textbooks, teaching material or classes of teaching material;

(d)  to approve, for Catholic pastoral care and guidance or Protestant religious care and guidance, the handbooks of objectives and the accompanying teachers’ guides;

(e)  to make regulations to recognize educational institutions as Catholic or Protestant and to ensure the confessional character of educational institutions recognized as Catholic or Protestant;

(f)  to recognize educational institutions as either Catholic or Protestant, and to withdraw such recognition from institutions which no longer fulfill the necessary conditions therefor;

(g)  to make recommendations to the Council and to the Minister of Education respecting any matter within their competence.

The regulations made under this section shall come into force after approval by the Government.

R. S. 1964, c. 234, s. 22; 1985, c. 21, s. 26; 1988, c. 41, s. 88; 1988, c. 84, s. 568; 1990, c. 8, s. 69; 1993, c. 51, s. 28; 1994, c. 16, s. 50; 1997, c. 47, s. 65.

23. Such committees may:

(a)  give an opinion, from the point of view of religion and morals, to the Minister of Education respecting the curricula, textbooks, teaching material or classes of teaching material that the Minister adopts or approves for instruction other than Catholic or Protestant moral or religious instruction; the Minister shall transmit such documents to them not less than 60 days before their adoption or approval;

(b)  receive and hear the requests and suggestions of associations and institutions and of any person respecting any matter within their competence;

(c)  cause to be carried out such studies and research as they deem necessary or useful for the pursuit of their objects;

(d)  make for their internal management regulations which shall be subject to the approval of the Government.

R. S. 1964, c. 234, s. 23; 1988, c. 84, s. 569; 1993, c. 51, s. 29; 1994, c. 16, s. 50.

23.1. An advisory committee on the financial accessibility of education is hereby established.

1999, c. 17, s. 5.

23.2. The advisory committee is composed of 17 members, including a chair, appointed by the Government after consultation with groups representing students, the staff of educational institutions and socio-economic circles:

(1)  one member is a student at the secondary level in vocational education;

(2)  two members are students at the college level, one in a program of technical studies and the other in a program of pre-university studies;

(3)  four members are university students, one at the undergraduate level, one at the Master’s level, one at the Doctoral level and one in a continuing education program;

(4)  one member is a teacher;

(5)  five members are persons assigned to administrative functions, two in a general and vocational college and the others in an educational institution at the university level;

(6)  three members are persons representing socio-economic groups;

(7)  one member is a public servant at the Ministère de l’Éducation.

A public servant of the Ministère de l’Éducation cannot be appointed chair of the advisory committee.

1999, c. 17, s. 5.

23.3. The members of the advisory committee are appointed for a term of not more than four years.

At the expiry of their term, the members of the advisory committee remain in office until reappointed or replaced.

The term of a member of the advisory committee may be renewed only once.

1999, c. 17, s. 5.

23.4. The advisory committee is responsible for advising the Minister of Education on every matter submitted to the committee by the Minister in respect of

(1)  financial assistance programs established by the Act respecting financial assistance for education expenses (chapter A‐13.3);

(2)   tuition fees, admission or registration fees for educational services and other fees relating to such services;

(3)  measures or policies that may affect the financial accessibility of education.

1999, c. 17, s. 5.

23.5. The advisory committee may

(1)  refer to the Minister any question concerning a matter coming under the jurisdiction of the committee;

(2)  cause studies and research to be carried out;

(3)  solicit and receive observations and suggestions from individuals or groups.

1999, c. 17, s. 5.

23.6. The advisory committee may adopt rules of internal management, which shall be submitted to the Council for approval.

1999, c. 17, s. 5.

23.7. The Minister must seek the advice of the advisory committee on every draft regulation respecting the financial assistance programs referred to in paragraph 1 of section 23.4.

The Minister must also seek the advice of the advisory committee on every condition the Minister intends to include in the budgetary rules and on every directive the Minister intends to give to educational institutions in respect of the matters referred to in paragraph 2 of section 23.4.

1999, c. 17, s. 5.

23.8. The Minister shall transmit to the Council every request for advice made to the advisory committee by the Minister.

The Minister shall indicate the time within which the advice of the advisory committee must be transmitted to the Minister. That time shall not be less than 30 days.

If the advisory committee fails to transmit its advice within the time indicated, the Minister’s obligations under section 23.7 shall cease.

1999, c. 17, s. 5.

24. A Commission of Elementary Education, a Commission of Secondary Education, a Commission of College Education, a Commission of University-Level Education and Research and a Commission of Adult Education are established in the Council.

Each shall consist of nine to fifteen members, including the chairman.

Such commissions shall make suggestions to the Council with reference to their respective branches.

R. S. 1964, c. 234, s. 24; 1969, c. 66, s. 3, s. 7; 1979, c. 23, s. 26; 1993, c. 26, s. 33.

25. The members of such commissions shall be appointed, for a term of three years, by the Council after consultation with the institutions and bodies interested in the branch of education concerned. Their term of office shall be renewable consecutively once only.

The term of office of one-third of the first members of each commission shall be four years and that of another third shall be five years.

Any vacancy on such commissions shall be filled for the remainder of the term of office of the member to be replaced.

R. S. 1964, c. 234, s. 25; 1969, c. 66, s. 7.

26. The Council shall appoint from among its members a person to act as chairman of each such commission.

R. S. 1964, c. 234, s. 26; 1969, c. 66, s. 7.

27. Every term of office contemplated in sections 5, 18, 23.3 and 25 shall end on 31 August in the year during which it is to terminate.

1969, c. 66, s. 4; 1999, c. 17, s. 6.

28. The committees and commissions of the Council shall meet at least four times a year and may sit at any place in Québec.

R. S. 1964, c. 234, s. 27; 1969, c. 66, s. 7.

29. The office of member of the Council, of a committee or of a commission shall become vacant if the member dies, ceases to be qualified, refuses to accept it, resigns in writing or does not attend four consecutive sittings of the body of which he is a member.

1969, c. 66, s. 5.

30. The Minister of Education shall prepare and submit to the Council for examination, before they are approved by the Government, the regulations relating to preschool, elementary and secondary education that are to govern the following matters:

(a)  the classification and nomenclature of schools and other educational institutions, and of the diplomas conferred by them;

(b)  subject to the powers of the committees contemplated in section 22, the curricula, the examinations, the diplomas, the teaching certificates and the qualification of the teaching personnel, for all subjects, except private education not leading to a diploma conferred under the authority of the Minister;

(c)  the coordination of education in all grades;

(d)  the standards for territorial division and the equipment of the educational establishments administered or subsidized by Québec.

The regulations made under this section shall come into force after approval by the Government, on the date of their publication in the Gazette officielle du Québec or on such later date as is fixed therein.

The regulations provided for in paragraphs a, b and c shall apply to all schools and educational institutions under the authority of a department, notwithstanding any inconsistent legislative provision.

Notwithstanding the foregoing, the matters referred to in this section and governed by the Education Act (chapter I-13.3) are subject to examination by the Council in accordance with that Act.

R. S. 1964, c. 234, s. 28; 1969, c. 66, s. 6; 1979, c. 23, s. 27; 1984, c. 39, s. 557; 1985, c. 21, s. 27; 1988, c. 84, s. 570; 1993, c. 51, s. 30; 1994, c. 16, s. 50.

30.1. The Minister of Education is responsible for the administration of this Act.

1985, c. 21, s. 28; 1993, c. 51, s. 31; 1994, c. 16, s. 50.

31. The provisions of this Act which grant rights and privileges to a religious confession shall apply despite sections 3 and 10 of the Charter of human rights and freedoms (chapter C-12).

1982, c. 21, s. 1; 1986, c. 101, s. 10; 1988, c. 84, s. 571.

32. The provisions of this Act which grant rights and privileges to a religious confession shall operate notwithstanding the provisions of paragraph a of section 2 and section 15 of the Constitution Act, 1982 (Schedule B to the Canada Act, chapter 11 in the 1982 volume of the Acts of Parliament of the United Kingdom).

1986, c. 101, s. 10; 1988, c. 84, s. 572; 1994, c. 11, s. 1; 1999, c. 28, s. 1.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 234 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed, except the preamble, effective from the coming into force of chapter C-60 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), preamble of chapter 234 of the Revised Statutes, 1964, in force on 1 November 1980, is repealed effective from the coming into force of the updating to 1 November 1980 of chapter C-60 of the Revised Statutes.