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

À jour au 14 décembre 2006

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, in accordance with these principles, to establish, as a think tank dedicated to the development of a global vision of education, a Conseil supérieur de l’éducation to collaborate with the Minister of Education, Recreation and Sports and to advise that Minister on any matter relating to education;

Whereas an advisory committee responsible for advising the Minister of Education, Recreation and Sports on the financial accessibility of education will be attached to the Conseil supérieur de l’éducation and any commission that the Conseil sees fit to establish may be attached to it.

2006, c. 52, s. 1.

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 22 members.

R. S. 1964, c. 234, s. 2; 2000, c. 24, 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 committee or its commissions, if any.

R. S. 1964, c. 234, s. 3; 1968, c. 9, s. 79; 1969, c. 66, s. 1; 2000, c. 24, s. 3; 2006, c. 52, s. 2.

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

The members shall be appointed on the recommendation of the Minister of Education, Recreation and Sports.

R. S. 1964, c. 234, s. 4; 1993, c. 26, s. 29; 1993, c. 51, s. 22; 1994, c. 16, s. 50; 2000, c. 24, s. 4; 2005, c. 28, s. 195; 2006, c. 52, s. 3.

5. Such members shall be appointed for a term not exceeding four years.

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

The members shall not be appointed for a second consecutive term.

R. S. 1964, c. 234, s. 5; 1990, c. 8, s. 67; 2006, c. 52, s. 4.

6. (Repealed).

R. S. 1964, c. 234, s. 6; 1999, c. 17, s. 2; 2000, c. 24, s. 5.

7. The Deputy Minister of Education, Recreation and Sports shall be ex officio an associate member, but shall not be entitled to vote. The Deputy Minister may designate a substitute.

The Deputy Minister of Education, Recreation and Sports shall transmit to the Council, to its committee and to its commissions, if any, 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; 2000, c. 24, s. 6; 2002, c. 63, s. 1; 2005, c. 28, s. 195; 2006, c. 52, s. 5.

8. The Government shall appoint a president from among the members of the Council.

The president shall exercise his or her duties on a full-time basis.

R. S. 1964, c. 234, s. 8; 2000, c. 24, s. 7.

9. The function of the Council is to advise the Minister on any matter relating to education.

For that purpose, the Council must report at least every two years to the Minister on the state and needs of education.

The Minister of Education, Recreation and Sports 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; 2005, c. 28, s. 195; 2006, c. 52, s. 6.

10. In the exercise of its function, the Council may

(1)  advise or make recommendations to the Minister on any matter relating to education;

(2)  solicit or receive petitions, opinions and suggestions from interested bodies or groups and from the general public on any matter relating to education; and

(3)  conduct or commission studies and investigations that it considers useful or necessary for the exercise of its function.

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; 2005, c. 28, s. 195; 2006, c. 52, s. 7.

10.1. The Council shall advise the Minister on draft regulations that the Minister is required to submit to the Council and on any matter submitted by the Minister.

2006, c. 52, s. 8.

10.2. The Council may adopt internal management by-laws.

2006, c. 52, s. 8.

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

R. S. 1964, c. 234, s. 11; 1999, c. 17, s. 3; 2006, c. 52, s. 9.

12. The members of the Council and those of its committee and of its commissions, if any, 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 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; 2000, c. 24, s. 8; 2006, c. 52, s. 10.

13. The secretary and the other members of the personnel of the Council shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

R. S. 1964, c. 234, s. 13; 1965 (1st sess.), c. 14, s. 81; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 2006, c. 52, s. 11.

14. The Council, its committee and its commissions, if any, shall have their secretarial office in the territory of Ville de Québec.

R. S. 1964, c. 234, s. 14; 1969, c. 66, s. 7; 1979, c. 23, s. 25; 2000, c. 24, s. 9; 2000, c. 56, s. 220; 2006, c. 52, s. 12.

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, Recreation and Sports.

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; 2005, c. 28, s. 195.

15. (Repealed).

R. S. 1964, c. 234, s. 15; 2000, c. 24, s. 10.

16. (Repealed).

R. S. 1964, c. 234, s. 16; 2000, c. 24, s. 10.

17. (Repealed).

R. S. 1964, c. 234, s. 17; 2000, c. 24, s. 10.

18. (Repealed).

R. S. 1964, c. 234, s. 18; 1990, c. 8, s. 68; 2000, c. 24, s. 10.

19. (Repealed).

R. S. 1964, c. 234, s. 19; 1993, c. 51, s. 27; 1994, c. 16, s. 50; 2000, c. 24, s. 10.

20. (Repealed).

R. S. 1964, c. 234, s. 20; 1986, c. 78, s. 2; 2000, c. 24, s. 10.

21. (Repealed).

R. S. 1964, c. 234, s. 21; 1965 (1st sess.), c. 14, s. 81; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 2000, c. 24, s. 10.

22. (Repealed).

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; 2000, c. 24, s. 10.

23. (Repealed).

R. S. 1964, c. 234, s. 23; 1988, c. 84, s. 569; 1993, c. 51, s. 29; 1994, c. 16, s. 50; 2000, c. 24, s. 10.

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, du Loisir et du Sport.

A public servant of the Ministère de l’Éducation, du Loisir et du Sport is not entitled to vote and cannot be appointed chair of the advisory committee.

1999, c. 17, s. 5; 2005, c. 28, s. 195; 2006, c. 52, s. 13.

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, Recreation and Sports 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; 2005, c. 28, s. 195.

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. The Council may establish commissions to carry out its work or to examine specific issues.

R. S. 1964, c. 234, s. 24; 1969, c. 66, s. 3, s. 7; 1979, c. 23, s. 26; 1993, c. 26, s. 33; 2006, c. 52, s. 14.

25. (Repealed).

R. S. 1964, c. 234, s. 25; 1969, c. 66, s. 7; 2006, c. 52, s. 15.

26. (Repealed).

R. S. 1964, c. 234, s. 26; 1969, c. 66, s. 7; 2006, c. 52, s. 15.

27. (Repealed).

1969, c. 66, s. 4; 1999, c. 17, s. 6; 2000, c. 24, s. 11; 2006, c. 52, s. 15.

28. The committee and any commissions of the Council may sit at any place in Québec.

R. S. 1964, c. 234, s. 27; 1969, c. 66, s. 7; 2000, c. 24, s. 12; 2006, c. 52, s. 16.

29. The office of member of the Council or of the committee 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; 2000, c. 24, s. 13; 2006, c. 52, s. 17.

30. (Repealed).

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; 2000, c. 24, s. 14; 2005, c. 28, s. 195; 2006, c. 52, s. 18.

30.1. The Minister of Education, Recreation and Sports is responsible for the administration of this Act.

1985, c. 21, s. 28; 1993, c. 51, s. 31; 1994, c. 16, s. 50; 2005, c. 28, s. 195.

31. (Repealed).

1982, c. 21, s. 1; 1986, c. 101, s. 10; 1988, c. 84, s. 571; 2000, c. 24, s. 15.

32. (Repealed).

1986, c. 101, s. 10; 1988, c. 84, s. 572; 1994, c. 11, s. 1; 1999, c. 28, s. 1; 2000, c. 24, s. 16.

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.