E-9 - Act respecting private education

Remplacée le 1^er juillet 1993

Ce document a valeur officielle.

chapter E-9

Act respecting private education

Chapter E-9 is replaced by the Act respecting private education (chapter E-9.1). (1992, c. 68, s. 171).

1992, c. 68, s. 171.

CHAPTER I DEFINITIONS AND APPLICATION

1. In this Act, unless the context indicates a different meaning, the following expressions and words mean:

(a)  “general education” : pre-school education and elementary and secondary education within the meaning of the Education Act (chapter I-13.3) and the regulations thereunder, and all education at the college level, within the meaning of the regulations contemplated in section 18 of the General and Vocational Colleges Act (chapter C-29), of which the immediate object is not preparation for the practice of a vocation or trade and which enables the student to pursue studies at a higher level;

(b)  “vocational education” : education of which the immediate object is preparation for the practice of a vocation or trade;

(c)  “education for handicapped children” : the education contemplated in Division II of chapter V of this Act;

(d)  “self-improvement education” : any education other than vocational education, general education or education for handicapped children within the meaning of this Act;

(e)  “education by correspondence” : the education contemplated in division V of chapter V of this Act;

(f)  “institution” : any educational institution to which this Act applies;

(g)  “pupil” : a person to whom education is given for a direct or indirect remuneration;

(h)  “official curriculum” : a curriculum governed by the regulations contemplated in section 18 of the General and Vocational Colleges Act;

(i)  “school year” : the period comprised between the 1st of July of one year and the 30th of June inclusive of the following year;

(j)  (paragraph repealed);

(k)  “permit” : any permit issued under this Act;

(l)  “regulation” : any regulation made under this Act by the Government upon the recommendation of the Minister;

(m)  “Minister” : the Minister of Education or the Minister of Higher Education and Science, according to their respective competence;

(n)  “Commission” : the Commission consultative de l’enseignement privé instituted by section 3.

1968, c. 67, s. 1; 1977, c. 5, s. 14; 1979, c. 23, s. 28; 1985, c. 21, s. 37; 1988, c. 41, s. 88; 1988, c. 84, s. 593.

1.1. The Minister of Education shall perform his duties and exercise his powers under this Act in respect of preschool, elementary and secondary education, within the meaning of the regulations contemplated in section 30 of the Act respecting the Conseil supérieur de l’éducation (chapter C-60), and in respect of self-improvement education, and the Minister of Higher Education and Science shall do so in respect of any other field of education.

1985, c. 21, s. 38; 1988, c. 41, s. 88.

2. This Act applies to every institution, but it does not contemplate:

(a)  a school board or a school under its authority;

(b)  a general and vocational college;

(c)  the educational institutions at the university level contemplated in section 1 of the Act respecting educational institutions at the university level (chapter E-14.1);

(d)  (paragraph repealed);

(e)  a government department or a school which it administers;

(f)  a corporation instituted under the Apprenticeship Assistance Act (Revised Statutes, 1964, chapter 148);

(g)  a physical person who gives courses without directly or indirectly charging or receiving any remuneration;

(h)  a commercial or industrial enterprise which makes available free of charge to its employees improvement courses, or training or apprenticeship courses to prepare them for new positions;

(i)  an institution whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Affaires internationales (chapter M-21.1).

1968, c. 67, s. 2; 1987, c. 78, s. 1; 1988, c. 41, s. 87; 1989, c. 18, s. 6; 1988, c. 84, s. 700.

CHAPTER II COMMISSION CONSULTATIVE DE L’ENSEIGNEMENT PRIVÉ

3. A Commission consultative de l’enseignement privé is established. Such Commission shall consist of nine members appointed by the Government upon the recommendation of the Minister of Education, who shall obtain the advice of the Minister of Higher Education and Science; at least six of such members shall be appointed after consultation with the groups most representative of the directors, teachers and parents of private education pupils.

1968, c. 67, s. 3; 1977, c. 5, s. 14; 1985, c. 21, s. 39; 1988, c. 41, s. 88.

4. The members of the Commission shall be appointed for two years; their term of office shall not be renewed consecutively more than twice.

The Government shall, if necessary, fix the fees, allowances or salaries, or the additional salaries, as the case may be, of the members of the Commission.

1968, c. 67, s. 4.

5. Any vacancy occurring during the term of office of a member of the Commission shall be filled by following the method prescribed for the appointment of the member to be replaced, but only for the unexpired portion of such member’s term.

1968, c. 67, s. 5.

6. The Minister shall obtain the advice of the Commission in all cases in which he is required by this act to do so; such obligation shall cease if the Commission has failed to give its advice within ninety days of the date on which the Minister requested it to do so.

1968, c. 67, s. 6.

7. The Commission, by regulation, may rule upon any matter required for its internal management.

1968, c. 67, s. 7.

8. Not later than 1 December each year, the Commission shall make a report to the Minister of Education and to the Minister of Higher Education and Science of its activities for the preceding school year.

Such report must contain in particular:

(a)  a list of the applications for permits or renewals and, in each case, the advice of the Commission and the reasons therefor;

(b)  a list of applications for recognition for purposes of the grants contemplated in section 15 of this Act and, in each case, the advice of the Commission and the reasons therefor;

(c)  a list of the petitions for declarations of public interest and, in each case, the advice of the Commission and the reasons therefor.

Such report shall also contain any information that the Minister of Education or the Minister of Higher Education and Science may prescribe.

The Minister of Education shall table the report in the National Assembly if it is in session, or, if it is not, within thirty days of the opening of the next session.

1968, c. 67, s. 8; 1968, c. 9, s. 90; 1985, c. 21, s. 40; 1988, c. 41, s. 88.

CHAPTER III DECLARATION OF PUBLIC INTEREST

9. The Minister may, in respect of any field of education within his competence and after obtaining the advice of the Commission, declare to be of public interest an institution which, according to the criteria determined by regulation, ensures services of quality and contributes to the advancement of education in Québec, by reason of the characteristics of the education which it provides, the competence of its staff and the pedagogical methods which it employs.

1968, c. 67, s. 9; 1985, c. 21, s. 41.

10. No declaration of public interest shall be made with respect to an institution unless the competent authorities of such institution apply therefor by a petition which must contain all the information determined by regulation.

The regulations contemplated in this section shall come into force only after publication in the Gazette officielle du Québec.

1968, c. 67, s. 10.

11. No declaration of public interest shall be made except in favour of an institution owned by a corporation which has no other object than that of providing the education contemplated by this Act.

Nevertheless, an institution holding only a permit to provide self-improvement education shall not have the benefit of a declaration of public interest.

1968, c. 67, s. 11.

12. The Minister shall mention in the declaration of public interest the main reasons for which he has granted it.

1968, c. 67, s. 12.

13. The Minister may revoke a declaration of public interest after obtaining the advice of the Commission when the institution concerned no longer meets the criteria set out in the declaration.

1968, c. 67, s. 13.

14. The Government shall pay to every institution declared to be of public interest, for each school year and according to the field of education to which the declaration applies, a grant consisting of a base amount for each pupil registered full time in a regular program on 20 September of that school year at the college level and on 30 September for other levels, and an amount representing the rental value of the immoveables where it provides instruction.

However, where a college institution provides a program of studies distributed over an uneven number of sessions, the grant contemplated in the first paragraph is reduced by one-half and is paid for each pupil registered full time in the program on 20 September and for each pupil registered full time in the program on 31 January of the same school year.

1968, c. 67, s. 14; 1979, c. 23, s. 29; 1981, c. 12, s. 32; 1985, c. 21, s. 42.

14.1. For the school year 1990-91, the base amounts are

(1)  $1 361 at the preschool level;

(2)  $1 998 at the primary level;

(3)  $2 852 at the secondary level;

(4)  at the college level

(a)  $3 521 for the general education program;

(b)  $6 061 for the biology technology program;

(c)  $4 505 for the physics technology program;

(d)  $4 265 for the humanities technology program;

(e)  $3 864 for the administration technology program;

(f)  $4 848 for the liberal arts program.

These amounts shall be modified by the Government every year to take account of the rates of variation in the amount of the grants paid in the same school year to the school boards and general and vocational colleges, not including, however, grants paid for expenses peculiar to the public system.

1981, c. 12, s. 32; 1988, c. 84, s. 594; 1990, c. 28, s. 20.

14.2. The amount of the rental value provided for in section 14 shall be determined by the Minister who made the declaration of public interest in accordance with the scales and standards of computation he determines.

Every person operating an institution shall furnish the Minister with any information he requests for that purpose, on the date and in the form he determines.

1981, c. 12, s. 32; 1985, c. 21, s. 43.

14.3. The Government shall determine every year before 1 May, taking into account the amount of the grants paid to the general and vocational colleges during the same year and for the same category of pupils, the amount, the conditions and the modalities of the grants made to college institutions declared to be of public interest in respect of an adult education program.

1981, c. 12, s. 32.

14.4. To qualify for the grant contemplated in sections 14 and 14.3, an institution declared to be of public interest may in no case require of a pupil tuition and other related fees in excess of 50% of the amount of the grant applicable to him.

1981, c. 12, s. 32.

CHAPTER IV INSTITUTIONS RECOGNIZED FOR PURPOSES OF GRANTS

15. The Minister may, in respect of any field of education within his competence and after obtaining the advice of the Commission, recognize for purposes of grants an institution which has not been declared to be of public interest and which meets the requirements of the regulations made for such purpose.

The regulations contemplated in this section shall come into force only after publication in the Gazette officielle du Québec.

1968, c. 67, s. 15; 1985, c. 21, s. 44.

16. An institution holding only a permit to provide self-improvement education shall not be recognized for purposes of grants.

1968, c. 67, s. 16.

17. The Government shall pay to every institution recognized for purposes of grants, for each school year and according to the field of education to which the recognition applies, a grant consisting of a base amount for each pupil registered full time in a regular program on 20 September of that school year at the college level and on 30 September for other levels, and an amount representing the rental value of the immoveables where it provides instruction.

The second paragraph of section 14 applies in the same circumstances to the computation of the grant under this section.

1968, c. 67, s. 17; 1979, c. 23, s. 30; 1981, c. 12, s. 33; 1985, c. 21, s. 45.

17.1. For the school year 1990-91, the base amounts are

(1)  $994 at the preschool level;

(2)  $1 467 at the primary level;

(3)  $2 104 at the secondary level;

(4)  at the college level

(a)  $2 642 for the general education program;

(b)  $4 546 for the biology technology program;

(c)  $3 379 for the physics technology program;

(d)  $3 199 for the humanities technology program;

(e)  $2 898 for the administration technology program;

(f)  $3 634 for the liberal arts program.

These amounts shall be modified by the Government every year to take account of the rates of variation in the amount of the grants paid in the same school year to the school boards and general and vocational colleges, not including, however, grants paid for expenses peculiar to the public system.

1981, c. 12, s. 33; 1988, c. 84, s. 595; 1990, c. 28, s. 21.

17.2. The amount of the rental value provided for in section 17 shall be determined by the Minister who made the recognition for purposes of grants according to the scales and standards of computation he determines.

Every person operating an institution shall furnish the Minister with any information he requests for that purpose, on the date and in the form he determines.

1981, c. 12, s. 33; 1985, c. 21, s. 46.

17.3. The Government shall determine every year before 1 May, taking into account the amount of the grants paid to the general and vocational colleges during the same year and for the same category of pupils, the amount, the conditions and the modalities of the grants made to college institutions recognized for purposes of grants in respect of an adult education program.

1981, c. 12, s. 33.

17.4. To qualify for the grant contemplated in sections 17 and 17.3, an institution recognized for purposes of grants may in no case require of a pupil tuition and other related fees in excess of the amount of the grant applicable to him.

1981, c. 12, s. 33.

18. The Minister may revoke a recognition for the purpose of grants after obtaining the advice of the Commission when the institution concerned no longer meets the criteria set forth in the regulations provided for in section 15 of this act.

1968, c. 67, s. 18.

19. Every institution benefiting from the provisions of this chapter or those of chapter III shall furnish the Minister with such information as he may require to ensure the application thereof.

1968, c. 67, s. 19.

20. If it is declared to be of public interest or is recognized for the purpose of grants, an institution which provides education for handicapped children at the pre-school, elementary, secondary or college level shall receive, notwithstanding sections 14 and 17, for each school year and according to the field of education to which the declaration or recognition applies, a grant per pupil determined by the Government for the institution, after consultation with the Commission.

1968, c. 67, s. 20; 1985, c. 21, s. 47; 1987, c. 16, s. 1.

21. In computing the grants contemplated in sections 14.4, 17.4 and 20, however, no account shall be taken of students for whom a school board assumes the tuition fees under an agreement concluded pursuant to section 213 of the Education Act (chapter I-13.3) or section 450 of the Education Act in respect of Cree, Inuit and Naskapi Native Persons (chapter I-14), or of students in whose respect a contract for services contemplated in section 67 of this Act is made, or of students registered in self-improvement courses.

1968, c. 67, s. 21; 1981, c. 12, s. 34, s. 35; 1987, c. 16, s. 2; 1988, c. 84, s. 596.

21.1. Notwithstanding sections 14, 17 and 20, on the recommendation of the Minister of Higher Education and Science, the Government, by regulation:

(a)  determine the amount of additional tuition fees that a college level educational institution must charge to pupils from outside Québec, and that must be deducted from the grant provided by law for each such pupil;

(b)  define, for the purposes of this section, the expression “pupils from outside Québec”.

The regulations made under this section shall come into force only after they have been published in the Gazette officielle du Québec.

1978, c. 81, s. 1; 1985, c. 21, s. 48; 1988, c. 41, s. 88.

22. An institution declared to be of public interest or recognized for purposes of grants which does not comply with sections 72 and 73 of the Charter of the French language (chapter C-11) and the regulations provided for in sections 80 and 81 of the said act shall not qualify, for the school year and level of education contemplated by the offence, for grants provided for in sections 14, 17 and 20 of this act.

1977, c. 5, s. 220.

CHAPTER V PERMITS

23. No person may operate an institution providing education in respect of which it has not been declared to be of public interest or recognized for purposes of grants, unless he is the holder of a permit issued or renewed for that purpose by the Minister.

Before ruling on an application for a permit or for renewal of a permit, the Minister shall obtain the advice of the Commission.

1968, c. 67, s. 23; 1985, c. 21, s. 49.

24. Every permit shall bear the name and address of the institution, the level of education in respect of which it is issued, where such is the case and the name and address of the person in charge thereof.

The permit shall also mention one or more of the following: general education, vocational education, education for handicapped children, self-improvement education, education by correspondence.

1968, c. 67, s. 24; 1985, c. 21, s. 50.

25. A permit granted to an institution shall be valid for one school year, unless it is issued for several school years. It shall state the date on which it will expire.

1968, c. 67, s. 25.

26. Every application for a permit or for renewal of a permit must be filed within the delays and in the form prescribed by the regulations; it shall contain in particular:

(a)  a description of the courses that the institution intends to give to its pupils, the classes and levels of education that it intends to promote and the means that it intends to use to achieve its purposes;

(b)  an estimate of the registration for the next school year;

(c)  the budgetary estimates for the next school year;

(d)  the tuition and other related fees which it will require of its pupils.

Every application for renewal shall also include a report of the activities of the institution during the last year for which it held a permit.

The Minister may require any additional information that he deems useful.

1968, c. 67, s. 26.

27. The tuition and other related fees declared under paragraph d of section 26 shall not be increased during a school year, without the express authorization of the Minister.

1968, c. 67, s. 27.

28. Every person who operates an institution shall post his permit in a conspicuous place and keep it so posted.

1968, c. 67, s. 28.

29. Subject to the other provisions of this act, the Government, on the recommendation of the Minister and after consulting the Commission, may make regulations to establish standards respecting the publicity, advertising and offers to give instruction that an institution holding a permit may issue.

1968, c. 67, s. 29.

30. The Minister, after obtaining the advice of the Commission, may cancel or suspend the permit held by any person who does not comply with the conditions of the permit or the provisions of this act or the regulations applicable to him.

Notice of the cancellation or suspension of the permit shall be published in the Gazette officielle du Québec.

1968, c. 67, s. 30.

DIVISION I GENERAL EDUCATION

31. Every institution of general education must:

(a)  comply with the provisions of the Education Act (chapter I-13.3) and the regulations thereunder or under the General and Vocational Colleges Act (chapter C-29) respecting the conditions for admission of students to studies at the level of education that it gives;

(b)  employ teachers having the required qualifications within the meaning of the regulations made under section 456 of the Education Act or section 18 of the General and Vocational Colleges Act;

(c)  present its students for the final tests of the levels concerned held by the Minister or under his autority.

1968, c. 67, s. 31; 1979, c. 23, s. 31; 1988, c. 84, s. 597.

32. Every institution of education at the pre-elementary level must submit its curriculum for the advice of the Commission and the approval of the Minister of Education.

1968, c. 67, s. 32; 1985, c. 21, s. 51.

33. With the exception of an institution in process of organization which must offer the part of the curriculum authorized by the Minister of Education, every institution of education at the elementary level must offer the entire official curriculum of such level, or any curriculum deemed equivalent or approved by the Minister of Education.

1968, c. 67, s. 33; 1985, c. 21, s. 52.

34. Every institution of general education at the secondary level must offer, in accordance with the Education Act (chapter I-13.3), the range of compulsory subjects provided for in the basic school regulations (régime pédagogique) and dispense the curricula of such level established by the Minister.

Nevertheless, after obtaining the advice of the Commission, the Minister may authorize an institution of general education to give a part only of the compulsory subjects provided for in the basic school regulations (régime pédagogique) or to replace a curriculum established by the Minister by a local curriculum.

1968, c. 67, s. 34; 1985, c. 21, s. 53; 1988, c. 84, s. 598.

35. Every institution of general education at the college level must give at least those courses of the official curriculum whose combination will qualify a pupil for admission to studies at the university level.

1968, c. 67, s. 35.

DIVISION II EDUCATION FOR HANDICAPPED CHILDREN

36. An institution which presents a petition to be declared of public interest, applies to be recognized for the purposes of grants or applies for a permit in order to give education to handicapped children shall identify, to the satisfaction of the Minister, the classes of handicapped children whom it intends to instruct and submit its curriculum and examinations for the approval of the Minister.

The Minister may declare such an institution to be of public interest, recognize it for the purposes of grants or issue a permit to it, in respect of any field of education within his competence and after obtaining the advice of the Commission.

1968, c. 67, s. 36; 1985, c. 21, s. 54.

37. The Government may make regulations to govern the organization of instruction in educational institutions for handicapped children.

1968, c. 67, s. 37.

38. An educational institution for handicapped children shall comply with the official curricula established by the Minister under the Education Act (chapter I-13.3) and employ teachers having the required qualifications within the meaning of the regulations made under section 456 of the Education Act.

1968, c. 67, s. 38; 1988, c. 84, s. 599.

DIVISION III VOCATIONAL EDUCATION

39. Every institution which applies for a permit or the renewal of a permit to give vocational education must identify, to the satisfaction of the Commission and of the Minister, the vocations or trades for the practice of which it prepares its pupils.

The Minister may require from such institution satisfactory information respecting openings offered to its pupils on the labour market.

1968, c. 67, s. 39.

40. The permit shall identify the vocations or trades for which the institution is authorized to prepare its pupils.

1968, c. 67, s. 40.

41. A permit to give vocational education shall authorize the institution holding it to give vocational education at the secondary or the college level.

1968, c. 67, s. 41; 1985, c. 21, s. 55.

42. The permit shall oblige the institution holding it

(a)  to dispense the curricula established by the Minister under the Education Act (chapter I-13.3) for each vocational specialty contemplated in the permit or to dispense the curricula adopted under the regulations contemplated in section 18 of the General and Vocational Colleges Act (chapter C-29) for each vocational specialty contemplated in the permit;

(b)  to employ teachers who possess the required qualifications within the meaning of the regulations contemplated in section 456 of the Education Act or section 18 of the General and Vocational Colleges Act;

(c)  to present its students for the final tests held by the Minister or under his authority.

1968, c. 67, s. 42; 1979, c. 23, s. 32; 1988, c. 84, s. 600.

43. The Minister of Education may, however, after obtaining the advice of the Commission, recognize a range of subjects appropriate to the institution for which he issues a permit as equivalent to the range of subjects of a vocational specialty established under the Education Act (chapter I-13.3).

The Minister of Higher Education and Science may, in the same manner, recognize the curriculum of an institution as equivalent to an official curriculum.

1968, c. 67, s. 43; 1988, c. 84, s. 601.

44. If there is no official curriculum or curriculum established by the Minister in respect of the secondary level corresponding to the vocations or trades specified in the permit, the curriculum of the institution, the examinations which it holds and the form and content of the certificate that the institution may award to evidence completion of the studies must be approved by the Minister after consultation with the Commission. The Minister shall satisfy himself that the curriculum complies, if necessary, with the conditions governing the lawful practice of the vocation or trade for which the permit is issued.

1968, c. 67, s. 44; 1988, c. 84, s. 602.

45. Notwithstanding sections 42, 43 and 44, an institution of vocational education which holds a permit may, in accordance with the regulations, provide intensive instruction comprising only the courses of vocational training contemplated in the official curriculum or in a curriculum recognized under section 43 or approved under section 44, as the case may be.

1968, c. 67, s. 45; 1988, c. 84, s. 603.

DIVISION IV SELF-IMPROVEMENT EDUCATION

46. No institution holding a permit for self-improvement education shall register any pupil to whom section 14 of the Education Act (chapter I-13.3) applies, unless it also complies with section 15 of the said Act.

1968, c. 67, s. 46; 1988, c. 84, s. 604.

47. The Government, on the recommendation of the Minister of Education, may make regulations to govern the conditions of issue, renewal and revocation of a permit for self-improvement education.

1968, c. 67, s. 47; 1985, c. 21, s. 56.

48. No person, in his publicity or advertising, or when giving information, shall advertise or lead to the belief that a self-improvement institution prepares its students for the practice of a vocation or trade or leads to an examination, certificate, diploma or other official accreditation awarded by the Minister of Education or the Minister of Higher Education and Science.

1968, c. 67, s. 48; 1977, c. 5, s. 14; 1985, c. 21, s. 57; 1988, c. 41, s. 88; 1988, c. 84, s. 605.

49. An institution holding a permit for self-improvement education shall award only a certificate issued in its own name, on which no mention can be made leading to the belief that it is awarded by the Minister of Education or the Minister of Higher Education and Science.

1968, c. 67, s. 49; 1985, c. 21, s. 58; 1988, c. 41, s. 88.

DIVISION V EDUCATION BY CORRESPONDENCE

50. Every institution which applies for a permit for education by correspondence must submit its curricula and its examinations for the approval of the Minister. The Minister may issue such permit after obtaining the advice of the Commission.

Before issuing the permit, the Minister may also require the particulars of the courses comprised in the curricula for which the permit is desired.

The permit shall oblige the institution to comply with the curricula approved by the Minister. The permit must state the curricula of the courses which the institution is authorized to give by correspondence.

1968, c. 67, s. 50.

51. Every institution giving correspondence courses must, in any prospectus or year-book which it publishes, include an exact reproduction of the permit that it holds.

1968, c. 67, s. 51.

52. Every institution that holds a permit for vocational education by correspondence must be able to provide pupils with the instructional or experimental material required for the pursuit of their studies and the texts necessary to guide them in their practical work.

1968, c. 67, s. 52.

53. Subject to sections 60, 61 and 62, the Government, on the recommendation of the Minister, may make regulations applicable to institutions giving correspondence courses to determine:

(a)  the structure of the courses, their duration and the intervals at which the portions of courses which comprise the same must be forwarded;

(b)  the terms of payment of the tuition fees required;

(c)  the terms of payment of the instructional or experimental material necessary for pursuing studies;

(d)  the proportion of the charges paid which an institution may retain when a pupil does not follow or abandons the course for which he has registered;

(e)  the publicity and advertising that an institution may issue;

(f)  the delays for the correction of assignments and examinations and for the transmission of results to pupils.

1968, c. 67, s. 53.

54. Every regulation contemplated in section 53 shall come into force on the date of its publication in the Gazette officielle du Québec or on any later date fixed therein.

1968, c. 67, s. 54.

CHAPTER VI PROVISIONS APPLICABLE TO ALL INSTITUTIONS

55. The Government, by regulation, may determine the standards whereby an institution may give courses of different classes and at different levels at the same time.

1968, c. 67, s. 55.

56. Every person who operates an institution shall, according to whether the education provided is within the competence of the Minister of Education or of the Minister of Higher Education and Science,

(a)  keep for each pupil a school record according to the form and tenor prescribed by the Minister;

(b)  keep a register for the registration of pupils and one for attendance at courses;

(c)  allow any person authorized by the Minister to visit the institution which he operates and give him such information as he may require;

(d)  provide, within 30 days after they are requested, such statistics as the Minister may require;

(e)  file a financial report, in the form prescribed by the Minister, within 90 days after the end of each of its fiscal years;

(f)  furnish the Minister with the information that he requests for the exercise of his functions and powers, at the time and in the form that he determines.

1968, c. 67, s. 56; 1985, c. 21, s. 59; 1988, c. 41, s. 88; 1988, c. 84, s. 606; 1990, c. 78, s. 55; 1991, c. 27, s. 14.

57. Every person who operates an institution shall identify such institution, in his written publicity, by the name under which it was declared to be of public interest or recognized for the purposes of grants or by the name stated in the permit. He shall mention the level and kind of instruction that it offers. He shall also mention, if necessary, that its instruction is tested by examinations held under the authority of the Minister.

1968, c. 67, s. 57.

58. The Minister may require the Commission to hear any institution that asks in writing to be heard.

1968, c. 67, s. 58.

59. An institution may make an agreement with a school board under section 294 of the Education Act (chapter I-13.3) for the transportation of persons who attend such institution and claim from them payment of the cost incurred by the institution under section 296 of that Act.

1974, c. 61, s. 9; 1981, c. 26, s. 12; 1988, c. 84, s. 607.

59.1. The institution may itself, however, with prior authorization of the Minister of Transport, organize all or part of the bussing of the persons who attend the institution, and make a contract therefor. It may claim payment of the cost thereof from the users, after deducting the subsidies made for such purposes.

1981, c. 26, s. 12.

59.2. Sections 291, 297 and 298 of the Education Act (chapter I-13.3) and the regulations under section 453 of the said Act, adapted as required, apply to every institution that, itself, provides transportation for the persons attending the institution.

1981, c. 26, s. 12; 1988, c. 84, s. 608.

59.3. The Minister of Transport may grant a subsidy for the bussing of students who attend an institution, designated by him, declared to be of public interest. To that end, on a yearly basis, after consultation with the Minister of Education, he shall establish and submit for the approval of the Conseil du trésor budgetary rules for determining the amount of the subsidies granted for the bussing of such students.

The budgetary rules may provide that a subsidy may be granted on the basis of general standards intended for all the students bussed or on the basis of specific standards intended only for certain students among them.

The budgetary rules may provide that the granting of a subsidy may be subject to general conditions applicable to all the institutions declared to be of public interest or to specific conditions applicable to one or more of such institutions in particular.

The budgetary rules may also provide that the granting of a subsidy may be subject to the authorization of the Minister of Transport or that a subsidy may only be granted to one or more institutions in particular that have been declared of public interest.

In such time and form as the Minister may determine, the institution shall furnish the Minister of Transport with the information he requests in relation to subsidies.

1981, c. 26, s. 12; 1982, c. 58, s. 27; 1988, c. 84, s. 609; 1990, c. 78, s. 56; 1991, c. 27, s. 15.

CHAPTER VII PROTECTION OF PUPILS

60. Any person who binds himself to follow courses in an institution may free himself of his engagement by giving notice by registered or certified letter mailed within ten clear days of the date of his engagement, provided that he has not actually begun to follow such courses within such ten days’ delay.

1968, c. 67, s. 59; 1975, c. 83, s. 84.

61. No person shall require the payment of tuition or related fees in an institution in less than two approximately equal instalments payable on dates fixed in such a way that they occur approximately at the beginning of each half, computed in months, in lessons or credits, of the duration of a course for which the pupil is registered.

1968, c. 67, s. 60.

62. Any pupil who has followed only a part of a course of instruction in an institution shall be bound to pay only the price of the lessons actually received in comparison with the price which was agreed upon for the whole course. In such case, the institution may require an indemnity not exceeding one-fifth of the price agreed upon for the whole course, provided, however, that in no case shall the total amount paid exceed the total price agreed upon for such course.

1968, c. 67, s. 61.

63. If there has been no lesson actually received, the institution may require only an indemnity not exceeding one-tenth of the total price agreed upon for such course.

1968, c. 67, s. 62.

63.1. Sections 60 to 63 do not apply to contracts governed by Division VI of Chapter III of Title I of the Consumer Protection Act (chapter P-40.1).

1978, c. 9, s. 359; 1983, c. 26, s. 15.

64. If, in its publicity or advertising, an institution identifies the courses given or the vocations or trades for which it prepares its pupils, it must do so in accordance with what is stated in its permit.

1968, c. 67, s. 63.

65. No person, in his publicity or advertising, or when giving information, shall advertise or lead to the belief that the pursuit of studies in an institution guarantees the obtaining of employment, or advertise courses in a manner which leads to the belief that it is an offer of employment.

1968, c. 67, s. 64.

66. No person, either personally or through another, shall canvass from person to person for the sale of courses or to obtain the signing of an engagement to follow such courses.

For the purposes of this section, canvassing does not include:

(a)  information given to groups of persons assembled in one place, provided that no engagement is signed at such place;

(b)  the canvassing of an enterprise to organize courses that are offered without charge by such enterprise to its employees.

1968, c. 67, s. 65.

CHAPTER VIII CONTRACTS FOR SERVICES

67. The Minister may make with any institution a contract by which such institution undertakes, on the conditions agreed to by the parties, to give courses to pupils or to render other services of a pedagogical nature.

Such a contract may be made by a school board if it is so authorized by the Minister of Education, and by a general and vocational college if it is so authorized by the Minister of Higher Education and Science.

Such a contract may be made for the entire curriculum of any level of education, for a part of such curriculum or for certain services only and must also indicate the period for which it will be in force and the number of pupils it covers.

1968, c. 67, s. 66; 1985, c. 21, s. 60; 1988, c. 41, s. 88.

CHAPTER IX REGULATIONS

68. In addition to the regulatory powers assigned to it by this Act, the Government, by regulation, upon the recommendation of the Minister who shall obtain the advice of the Commission, may:

(a)  determine the criteria, in addition to those provided by this Act, upon which a declaration of public interest shall be based;

(b)  determine the criteria whereby an institution may be recognized for purposes of grants;

(c)  determine the form and tenor of petitions for declarations of public interest or of applications for recognition for purposes of grants, and of applications for permits;

(d)  regulate the organization of education in institutions of education for handicapped children;

(e)  determine the form and tenor of attestations or certificates of studies;

(f)  determine the standards whereby examinations administered by an institution must be held, and the transmission of the results;

(g)  determine the form and tenor of forms or contracts for registration or for purchase of courses;

(h)  determine the rules and standards respecting the management of the affairs of institutions declared to be of public interest, including the tuition fees required of pupils, invitations to the public to subscribe for the shares of such institutions, the transfer of shares, the maximum number of shareholders, the authorized capital and the subscribed capital, dividends and the salaries of directors and teaching staff;

(i)  require of the person keeping an institution which has not been declared to be of public interest or been recognized for the purpose of grants, security to guarantee compliance with his obligations towards the pupils registered for his courses, and determine the amount and nature thereof and the procedure for dealing with the same if need be;

(j)  define the expression “lessons actually received” within the meaning of sections 62 and 63;

(k)  determine the form and organization of the intensive vocational instruction provided for in section 45;

(l)  exempt certain institutions from the obligation to hold a permit for self-improvement;

(m)  fix the time of payment of the grants provided for in sections 14 and 17;

(n)  exclude from the application of this act:

(1)  any class of persons who give education acting alone;

(2)  any organization, group of persons, association or syndicate which occasionally, without pecuniary gain and for its members, organizes education the object of which is connected with the pursuit of its objects;

(3)  any school instituted or administered by a corporation governing a liberal profession.

The regulations contemplated in the above sub-paragraphs shall come into force from the date of their publication in the Gazette officielle du Québec, or on any other date determined by the Government.

1968, c. 67, s. 67.

68.1. In the exercise of its regulatory powers under this Act, the Government may define various classes of institutions or fields of education and prescribe appropriate rules for each.

1985, c. 21, s. 61.

CHAPTER X PENAL PROVISIONS

1990, c. 4, s. 414.

69. Every institution is guilty of an offence which:

(a)  infringes this act or the regulations;

(b)  makes any misrepresentation in an application for a permit or for a renewal, or in an application for recognition for purposes of grants or in a petition to be declared of public interest or in a report that it makes to the Minister, or when giving information to him;

(c)  gives courses or advertises in any way without having complied with the provisions of this act;

(d)  hinders or attempts to hinder in any way a person who does anything that this act or the regulations oblige or authorize him to do;

(e)  neglects or refuses to return to the Minister the permit which it holds when it is revoked or cancelled, or when the institution for which it was issued ceases to give courses.

1968, c. 67, s. 68.

70. Every institution convicted of an offence under section 69 shall be liable to a fine of $100 to $500 and, in the case of a second or subsequent conviction, to a fine of $200 to $1 000.

In the case of a legal person, the judge may, at his discretion, increase the fines described in the first paragraph up to $2 000 for the first offence and up to $5 000 in the case of a second or subsequent conviction.

1968, c. 67, s. 69; 1990, c. 4, s. 415.

71. (Repealed).

1968, c. 67, s. 70; 1990, c. 4, s. 416.

CHAPTER XI FINAL PROVISIONS

72. Every private normal school in operation, including scholasticate normal schools, and existing in virtue of a special act or an order-in-council, shall be deemed to hold a permit within the meaning of this act and may present a petition to be declared of public interest or an application to be recognized for purposes of grants.

1968, c. 67, s. 71.

72.1. All or part of a declaration of public interest or of a recognition for purposes of grants made by the Minister of Education before 15 July 1985 shall be deemed made by the Minister of Higher Education and Science to the extent that it concerns a field of education within his competence.

Similarly, all or part of a permit issued by the Minister of Education before 15 July 1985 shall be deemed issued by the Minister of Higher Education and Science to the extent that it concerns a field of education within his competence.

1985, c. 21, s. 62; 1988, c. 41, s. 88.

73. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 67 of the statutes of 1968, in force on 31 December 1977, is repealed, except sections 74, 75 and 77 to 80, effective from the coming into force of chapter E-9 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 62a of chapter 67 of the statutes of 1968, in force on 1 November 1980, is repealed effective from the coming into force of the updating to 1 November 1980 of chapter E-9 of the Revised Statutes.