I-13.3 - Education Act

À jour au 17 juin 2005

Ce document a valeur officielle.

chapter I-13.3

Education Act

CHAPTER I STUDENTS

DIVISION I STUDENTS’ RIGHTS

1. Every person is entitled to the preschool education services and elementary and secondary school instructional services provided for by this Act and by the basic school regulation made by the Government under section 447, from the first day of the school calendar in the school year in which he attains the age of admission to the last day of the school calendar in the school year in which he attains 18 years of age, or 21 years of age in the case of a handicapped person within the meaning of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1).

Every person is also entitled to other educational services, student services and special educational services provided for by this Act and the basic school regulation referred to in the first paragraph and to the educational services prescribed by the basic vocational training regulation established by the Government under section 448, within the scope of the programs offered by the school board.

The age of admission to preschool education is 5 years on or before the date prescribed by the basic school regulation; the age of admission to elementary school education is 6 years on or before the same date.

1988, c. 84, s. 1; 1990, c. 78, s. 24, s. 54; 1997, c. 96, s. 1; 2004, c. 31, s. 71.

2. Every person no longer subject to compulsory school attendance is entitled to the educational services prescribed by the basic regulations established by the Government under section 448, within the scope of the programs offered by the school board pursuant to this Act.

1988, c. 84, s. 2; 1990, c. 78, s. 25; 1997, c. 96, s. 2.

3. The educational services provided for by this Act and prescribed by the basic school regulation established by the Government under section 447 shall be provided free to every resident of Québec entitled thereto under section 1.

Literacy services and the other learning services prescribed by the basic school regulation for adult education shall be provided free to residents of Québec contemplated in section 2, subject to the conditions prescribed by the said regulation.

The educational services prescribed by the basic vocational training regulation shall be provided free to every resident of Québec, subject, however, to the conditions determined in the basic regulation if the person is 18 years of age or older, or 21 years of age or older in the case of a handicapped person within the meaning of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1).

1988, c. 84, s. 3; 1990, c. 78, s. 26, s. 54; 1997, c. 96, s. 3; 2004, c. 31, s. 71.

4. Every student, or the student’s parents if the student is not of full age, shall have the right to choose, every year, the school that best reflects their preferences from among the schools of the school board whose jurisdiction the student comes under that provide services to which the student is entitled.

The exercise of the right to choose a school is subordinate to the enrollment criteria established pursuant to section 239 where the number of applications for enrollment in a school exceeds the school’s capacity, and, in the case of a school with a special project or a school having a regional or provincial role, subordinate to the enrollment criteria established by the school board pursuant to section 240 or 468.

The exercise of the right does not entail the right to require transportation services where the transportation services required for the student concerned exceed the limits established by the school board.

1988, c. 84, s. 4; 1990, c. 8, s. 1; 1997, c. 96, s. 4.

5. Every student other than a student in the second cycle of the secondary level or a student enrolled in vocational training or adult education has a right to choose, every year, between either Catholic or Protestant moral and religious instruction or moral instruction.

However, where the school a student attends is authorized, in accordance with section 222.1, to replace programs of Catholic or Protestant moral and religious instruction by a local program of studies in oecumenism or a local program of studies in ethics and religious culture, the student has the right to choose between the local program of studies and moral instruction.

In elementary school and in the first two years of secondary school, the parents shall exercise the right of choice on behalf of their child.

A choice made under this section shall be applied in accordance with the organization of the educational services approved under sections 84 to 86 by the governing board of the school where the student is enrolled.

1988, c. 84, s. 5; 1990, c. 78, s. 54; 1997, c. 47, s. 52; 1997, c. 96, s. 5; 2000, c. 24, s. 17.

6. Students other than those enrolled in vocational training or adult education are entitled to student services in spiritual care and guidance and community involvement.

1988, c. 84, s. 6; 1990, c. 78, s. 54; 1997, c. 96, s. 6; 2000, c. 24, s. 18.

7. Students other than those enrolled in adult education have a right to the free use of textbooks and other instructional material required for the teaching of programs of studies until the last day of the school calendar of the school year in which they reach 18 years of age, or 21 years of age in the case of handicapped persons within the meaning of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1). Each student shall have the personal use of the textbook chosen pursuant to section 96.15 for each compulsory and elective subject in which the student receives instruction.

The right of free use does not extend to documents in which students write, draw or cut out.

Instructional material does not include pencils, paper and other objects of a like nature.

1988, c. 84, s. 7; 1990, c. 78, s. 54; 1997, c. 96, s. 7; 2004, c. 31, s. 71.

8. Every student shall take good care of the property placed at his disposal and return it at the end of the school activities.

If a student fails to comply with the first paragraph, the school board may claim the value of the property from the parents of the student if a minor or from the student himself if of full age.

1988, c. 84, s. 8.

9. A student or parents of a student affected by a decision of the council of commissioners, the executive committee or the governing board, or of an officer or employee of the school board may request the council of commissioners to reconsider such decision.

1988, c. 84, s. 9; 1997, c. 96, s. 8.

10. The request of the student or his parents shall be made in writing and shall briefly set forth the grounds on which it is made. It shall be transmitted to the secretary general of the school board.

The secretary general shall assist every student or parent of a student requiring assistance in the formulation of his request.

1988, c. 84, s. 10.

11. The council of commissioners shall dispose of the request without delay.

It may submit the request for examination by a person whom it designates or by a committee which it establishes; such person or committee shall make a report of his or its findings and accompany the report, if it seems appropriate to do so, with recommendations.

During the examination of the request, the interested parties shall have the opportunity to present their points of view.

1988, c. 84, s. 11.

12. The council of commissioners may, if it considers that the request is founded, overturn, entirely or in part, the decision contemplated by the request and make the decision which, in its opinion, ought to have been made in the first instance.

The person who made the request and the author of the contested decision shall be notified of the council’s new decision and informed of the grounds on which it was made.

1988, c. 84, s. 12.

13. In this Act,

(1)  the words “school year” mean the period commencing on 1 July in a year and ending on 30 June in the year following;

(2)  the word “parent” means the person having parental authority or, unless that person objects, the person having custody de facto of the student.

1988, c. 84, s. 13.

DIVISION II COMPULSORY SCHOOL ATTENDANCE

14. Every child resident in Québec shall attend school from the first day of the school calendar in the school year following that in which he attains 6 years of age until the last day of the school calendar in the school year in which he attains 16 years of age or at the end of which he obtains a diploma awarded by the Minister, whichever occurs first.

1988, c. 84, s. 14; 1990, c. 8, s. 2.

15. The following students are exempt from compulsory school attendance:

(1)  a student excused by the school board by reason of illness or for the purpose of receiving medical treatment or care required by his state of health;

(2)  a student excused by the school board, at the request of his parents and after consultation with the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities established under section 185, by reason of a physical or mental handicap which prevents him from attending school;

(3)  a student expelled from school by the school board pursuant to section 242;

(4)  a student who receives home schooling and benefits from an educational experience which, according to an evaluation made by or for the school board, are equivalent to what is provided at school.

A child is excused from attending public school if he attends a private educational institution governed by the Act respecting private education (chapter E-9.1) or an institution whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1) which provides all or part of the educational services provided for by this Act.

A child is also excused from attending public school if the child attends a vocational training centre or receives instruction in an enterprise that meets the conditions determined by the Minister in a regulation under paragraph 7 of section 111 of the Act respecting private education.

In addition, the school board may exempt one of its students, at the request of his parents, from compulsory school attendance for one or more periods totalling not more than six weeks in any school year, to allow him to carry out urgent work.

1988, c. 84, s. 15; 1990, c. 8, s. 3; 1990, c. 78, s. 27; 1992, c. 68, s. 143; 1994, c. 15, s. 33; 1996, c. 21, s. 70; 1997, c. 96, s. 9.

16. (Repealed).

1988, c. 84, s. 16; 1999, c. 52, s. 13.

17. Parents must take the necessary measures to ensure that their child attends school as required.

1988, c. 84, s. 17.

18. The principal shall ascertain, in the manner determined by the school board, that students attend school regularly.

Where a student is repeatedly absent without a valid excuse, the principal or the person designated by him shall intervene with the student and his parents to come to an agreement with them and with the persons providing the school social services with respect to the most appropriate measures to remedy the situation.

When the intervention does not allow the situation to be remedied, the principal, after notifying the parents of the student in writing, shall report it to the director of youth protection.

1988, c. 84, s. 18; 1990, c. 8, s. 5.

CHAPTER II TEACHERS

DIVISION I TEACHERS’ RIGHTS

19. In accordance with the educational project of the school and subject to the provisions of this Act, the teacher has the right to govern the conduct of each group of students entrusted to his care.

The teacher is entitled, in particular,

(1)  to select methods of instruction corresponding to the requirements and objectives fixed for each group or for each student entrusted to his care;

(2)  to select the means of evaluating the progress of students so as to examine and assess continually and periodically the needs and achievement of objectives of every student entrusted to his care.

1988, c. 84, s. 19.

20. Every teacher has a right to refuse to give moral and religious instruction of a religious confession on the grounds of freedom of conscience.

No teacher may be dismissed, suspended or disciplined in any other way for exercising his right under this section.

1988, c. 84, s. 20; 1990, c. 78, s. 28, s. 54; 1997, c. 47, s. 52.

21. A teacher wishing to exercise the right described in section 20 shall so inform the principal, in writing, within the time and in the manner determined by the school board.

Any refusal to give moral and religious instruction of a religious confession stands until the principal receives notice in writing to the contrary.

1988, c. 84, s. 21; 1990, c. 78, s. 29, s. 54; 1997, c. 47, s. 52.

DIVISION II TEACHERS’ OBLIGATIONS

22. A teacher shall

(1)  contribute to the intellectual and overall personal development of each student entrusted to his care;

(2)  take part in instilling into each student entrusted to his care a desire to learn;

(3)  take the appropriate means to foster respect for human rights in his students;

(4)  act in a just and impartial manner in his dealings with his students;

(5)  take the necessary measures to promote the quality of written and spoken language;

(6)  take the appropriate measures to attain and maintain a high level of professionalism;

(6.1)  collaborate in the training of future teachers and in the mentoring of newly qualified teachers;

(7)  comply with the educational project of the school.

1988, c. 84, s. 22; 1990, c. 78, s. 30; 1997, c. 96, s. 10.

DIVISION III TEACHING LICENCE

23. To provide preschool education services or to teach at the elementary or secondary level, a teacher must hold a teaching licence determined by regulation of the Minister of Education, Recreation and Sports. Teaching licences shall be issued by the Minister of Education, Recreation and Sports.

The following persons shall be exempt from the obligation set out in the first paragraph:

(1)  a teacher hired by the lesson or by the hour;

(1.1)  a person who provides instruction in an enterprise that meets the conditions determined by the Minister in a regulation under paragraph 7 of section 111 of the Act respecting private education (chapter E-9.1);

(2)  a casual supply teacher;

(3)  a person providing instruction which does not have as its object, within the meaning of the basic regulations, the obtaining of a diploma, certificate or other official attestation awarded by the Minister or the obtaining of an attestation of qualification issued by a school board pursuant to section 223 or 246.1;

(4)  a person assigned to teaching duties by a school board pursuant to section 25.

1988, c. 84, s. 23; 1990, c. 78, s. 54; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 96, s. 11; 1997, c. 96, s. 164; 2005, c. 28, s. 195.

§ 1 . — Issue of teaching licence

24. The Minister shall issue a teaching licence to every person who satisfies the requirements which the Minister prescribes by regulation.

1988, c. 84, s. 24.

25. In exceptional circumstances, the Minister may authorize a school board, on the conditions and for the period he determines, to engage as preschool education providers or elementary or secondary-level teachers persons who do not hold a teaching licence.

1988, c. 84, s. 25; 1997, c. 96, s. 12.

§ 2 . — Revocation or suspension of teaching licence

26. Any natural person may file a complaint with the Minister against a teacher for a serious fault committed in the exercise of his functions or for an act derogatory to the honour or dignity of the teaching profession.

The complaint must be in writing, include reasons and be made under oath. It must briefly state the nature of the fault alleged to have been committed by the teacher and the relevant circumstances, including the time and place. The complaint shall be received by a person designated by the Minister, who shall assist any person so requesting in drawing up the complaint.

The Minister shall send a copy of the complaint to the teacher and ask him to present observations in writing to the Minister within 10 days.

1988, c. 84, s. 26; 1990, c. 78, s. 54; 1997, c. 43, s. 314.

27. The Minister may dismiss any complaint he considers to be frivolous or excessive. He shall in that case notify the complainant and the teacher and give them the reasons for the dismissal.

1988, c. 84, s. 27; 1997, c. 43, s. 315.

28. Where the Minister considers that the complaint is admissible and the teacher has not admitted to having committed the alleged fault, the Minister shall set up an inquiry committee to which he shall submit the complaint.

The committee shall be composed of three members, including a chairman, selected from among the members of the Barreau, who in the opinion of the Minister is familiar with the educational community. The other two members shall be selected after consultation with bodies which the Minister considers to be most representative of administrators of educational institutions, of the teachers in those institutions and of the parents of students attending such institutions. The members shall serve until the committee has established whether or not the complaint is well-founded.

The salary of the committee members and the rules relating to the reimbursement of expenses incurred in the exercise of their functions shall be fixed by regulation of the Minister.

1988, c. 84, s. 28; 1990, c. 78, s. 54; 1997, c. 43, s. 316.

29. The Minister may, if the acts alleged to have been committed by the teacher are such that, were they to continue or be repeated, the quality of educational services or the safety of students would be seriously jeopardized, and after consultation with the inquiry committee, order the school board to relieve the teacher of his functions, with pay, for the duration of the investigation.

However, the Minister is not required to consult the committee if the urgency of the situation does not allow it.

1988, c. 84, s. 29; 1990, c. 78, s. 54; 1997, c. 43, s. 317.

30. Within 30 days following the filing of the complaint and of the documents relating to it, the committee shall meet the teacher and the complainant to endeavour to establish whether or not the complaint is well-founded.

The committee may require any person to provide it with any information it considers necessary, and examine any relevant file.

No person may hinder the inquiry committee in any way in the exercise of its functions, mislead the committee by withholding information or making false statements, or refuse to provide any information or document relating to the inquiry or to allow the committee to make copies of such a document.

1988, c. 84, s. 30; 1997, c. 43, s. 318.

31. The committee cannot sit if one of its members is absent.

1988, c. 84, s. 31.

32. In conducting their inquiry, the members of the committee have the immunity provided for in sections 16 and 17 of the Act respecting public inquiry commissions (chapter C-37).

1988, c. 84, s. 32; 1997, c. 43, s. 319.

33. After giving the teacher the opportunity to present observations, and within 120 days of the filing of the complaint, the committee shall establish whether or not the complaint is well-founded.

The committee shall transmit its findings, with reasons, to the Minister, the complainant, the teacher and the school board.

1988, c. 84, s. 33; 1997, c. 43, s. 320.

34. Where the committee determines the complaint to be well-founded or where the teacher admits to having committed the alleged fault, the Minister may, if he deems it advisable and after giving the teacher at least 10 clear days to present observations in writing, suspend, revoke, or attach conditions to the teaching licence of the teacher. The Minister shall request the advice of the inquiry committee that determined the complaint to be well-founded.

The Minister shall notify the complainant, the teacher and the school board in writing of his decision and the reasons therefor; the notice shall inform the teacher that he may contest the Minister’s decision before the Administrative Tribunal of Québec and state the time within which a contestation must be made.

1988, c. 84, s. 34; 1997, c. 43, s. 321.

34.1. Where the Minister has attached conditions to the teaching licence of the teacher, the Minister may, if such conditions are not fulfilled, revoke the licence, after giving the teacher at least 30 days to present observations in writing.

1997, c. 43, s. 322.

34.2. The Minister may issue a new teaching licence to a teacher whose behaviour has been above reproach for two years after the date of revocation of his teaching licence.

The new teaching licence may again be revoked as provided for in this subdivision. The second revocation is final.

1997, c. 43, s. 322.

34.3. The decision of the Minister to revoke, suspend or attach conditions to a teaching licence may, within 60 days of notification of the decision, be contested before the Administrative Tribunal of Québec.

A proceeding brought before the Tribunal suspends the execution of the Minister’s decision, unless the Tribunal, on a motion heard and decided by preference, orders otherwise owing to the serious risk to the quality of services or the safety of the students.

1997, c. 43, s. 322.

35. The Minister may at any time suspend, revoke or attach conditions to an authorization granted under section 25 if the school board fails to fulfil the conditions of the authorization. The Minister shall transmit a copy of his decision, with reasons, to the school board and to the teacher.

1988, c. 84, s. 35.

CHAPTER III SCHOOLS

1997, c. 96, s. 13.

DIVISION I ESTABLISHMENT

1997, c. 96, s. 13.

36. A school is an educational institution whose object is to provide to the persons entitled thereto under section 1 the educational services provided for by this Act and prescribed by the basic school regulation established by the Government under section 447 and to contribute to the social and cultural development of the community. A school shall, in particular, facilitate the spiritual development of students so as to promote self-fulfilment.

In keeping with the principle of equality of opportunity, the mission of a school is to impart knowledge to students, foster their social development and give them qualifications, while enabling them to undertake and achieve success in a course of study.

A school shall pursue its mission within the framework of an educational project implemented by means of a success plan.

1988, c. 84, s. 36; 1990, c. 78, s. 54; 1997, c. 96, s. 13; 2000, c. 24, s. 19; 2002, c. 63, s. 2.

36.1. The educational project shall be defined, implemented and periodically evaluated with the participation of the students, the parents, the principal, the teachers and other school staff members, representatives of the community and the school board.

2002, c. 63, s. 3.

37. A school’s educational project shall set out the specific aims and objectives of the school, and objectives for improving student success. It may include actions to promote those aims and objectives and integrate them into the life of the school.

The aims and objectives of the project objectives shall be designed to ensure that the provincial educational policy defined by law, the basic school regulation and the programs of studies established by the Minister are implemented, adapted and enriched.

The educational project of the school must respect the freedom of conscience and of religion of the students, the parents and the school staff.

1988, c. 84, s. 37; 1997, c. 96, s. 13; 2000, c. 24, s. 20; 2002, c. 63, s. 4.

37.1. The success plan of a school shall comprise

(1)  the measures to be taken based on the aims and objectives of the educational project, in particular, those relating to the supervision of students ;

(2)  methods for evaluating the implementation of the success plan.

The success plan shall be reviewed each year and updated, if necessary.

2002, c. 63, s. 5.

38. At the request of the school board, a school shall provide a general education program to students enrolled in a vocational training program provided by a vocational training centre or by an enterprise that meets the conditions determined by the Minister in a regulation under paragraph 7 of section 111 of the Act respecting private education (chapter E-9.1).

1988, c. 84, s. 38; 1997, c. 96, s. 13.

39. Schools shall be established by the school board.

The deed of establishment shall state the name and address of the school, indicate the premises or immovables placed at the school’s disposal and specify the level of instruction the school is to provide.

1988, c. 84, s. 39; 1997, c. 96, s. 13.

40. A school board may, after consulting with the governing board or at its request, amend or revoke the deed of establishment of a school in keeping with the three-year plan of allocation and destination of the school board immovables.

1988, c. 84, s. 40; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

41. Where the deed of establishment of the school places more than one immovable at the disposal of the school, the school board, after consulting with the principal, may appoint a person to be responsible for each immovable and determine that person’s functions.

The persons appointed shall perform their functions under the authority of the principal.

1988, c. 84, s. 41; 1997, c. 96, s. 13.

DIVISION II GOVERNING BOARD

1997, c. 96, s. 13.

§ 1 . — Composition

1997, c. 96, s. 13.

42. A governing board shall be established for each school.

The governing board, which shall have not more than 20 members, shall include the following persons:

(1)  at least four parents of students attending the school who are not members of the school staff, elected by their peers;

(2)  at least four members of the school staff, including at least two teachers and, if the persons concerned so decide, at least one non-teaching staff member and at least one support staff member, elected by their peers;

(3)  in the case of a school providing education to students in the second cycle of the secondary level, two students in that cycle elected by the students enrolled at the secondary level or, as the case may be, appointed by the students’ committee or the association representing those students;

(4)  in the case of a school where childcare is organized for children at the preschool and elementary school level, a member of the staff assigned to childcare, elected by his or her peers;

(5)  two representatives of the community who are not members of the school staff, appointed by the members elected under subparagraphs 1 to 4.

The community representatives on the governing board are not entitled to vote.

1988, c. 84, s. 42; 1990, c. 8, s. 6; 1990, c. 78, s. 54; 1997, c. 96, s. 13; 2001, c. 46, s. 1.

43. The school board shall determine the number of parents’ representatives and staff representatives on the governing board after consulting with each group concerned.

The total number of seats for staff representatives referred to in subparagraphs 2 and 4 of the second paragraph of section 42 must be equal to the number of seats for parents’ representatives.

1988, c. 84, s. 43; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

44. Where fewer than 60 students are enrolled in a school, the school board may, after consulting with the parents of the students attending the school and with the school staff, vary the rules governing the composition of the governing board provided in the second paragraph of section 42.

However, the total number of seats for staff representatives must be equal to the total number of seats for parents’ representatives.

1988, c. 84, s. 44; 1997, c. 96, s. 13.

45. Commissioners elected or appointed pursuant to the Act respecting school elections (chapter E-2.3) cannot be members of the governing board of a school under the authority of the school board.

However, a commissioner, if so authorized by the governing board, may take part in meetings of the governing board but is not entitled to vote.

1988, c. 84, s. 45; 1997, c. 96, s. 13.

46. The principal of the school shall take part in the meetings of the governing board but is not entitled to vote.

1988, c. 84, s. 46; 1997, c. 96, s. 13.

§ 2 . — Formation

1997, c. 96, s. 13.

47. During the month of September each year, the chair of the governing board or, if there is none, the principal shall, by written notice, call a meeting of the parents of the students who attend the school to elect parents’ representatives to the governing board. The notice shall be sent at least four days before the meeting is to be held.

At the meeting, the parents shall elect a representative to the parents’ committee established under section 189 from among their representatives on the governing board.

At the meeting, a second parents’ representative on the governing board may be designated as a substitute to attend and vote at meetings of the parents’ committee when the representative elected for that purpose is unable to do so.

1988, c. 84, s. 47; 1990, c. 78, s. 31; 1997, c. 96, s. 13.

48. During the month of September each year, the teachers of the school shall hold a meeting to elect their representatives to the governing board according to the procedure set out in their collective agreement or, failing that, according to the procedure determined by the principal after consulting with the teachers.

1988, c. 84, s. 48; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

49. During the month of September each year, the members of the non-teaching professional staff who provide services to the students of the school shall hold a meeting to elect their representatives to the governing board according to the procedure set out in the collective agreement of the non-teaching professional staff or, failing that, according to the procedure determined by the principal after consulting with the persons concerned.

1988, c. 84, s. 49; 1997, c. 96, s. 13.

50. During the month of September each year, the members of the support staff who provide services at the school and the members of the school staff who provide childcare for children at the preschool and elementary school level, if any, shall hold meetings to elect their representatives to the governing board according to the procedure set out in the collective agreement of the support staff or, failing that, according to the procedure determined by the principal after consulting with the persons concerned.

1988, c. 84, s. 50; 1997, c. 96, s. 13.

51. During the month of September each year, the students’ committee or the association representing the students, if any, shall appoint students’ representatives to the governing board.

Failing that, the principal shall preside over the election of students’ representatives to the governing board in accordance with the rules established by the principal after consulting with the students enrolled at the secondary level.

1988, c. 84, s. 51; 1997, c. 96, s. 13.

52. Where the meeting of parents called pursuant to section 47 fails to elect the required number of parents’ representatives, the principal shall exercise the functions and powers of the governing board.

The fact that the representatives of any other group fall short of the required number shall not prevent the formation of the governing board.

1988, c. 84, s. 52; 1997, c. 96, s. 13.

53. The members of the governing board shall take office as soon as all members to be elected under subparagraphs 1 to 4 of the second paragraph of section 42 have been elected or not later than 30 September, whichever occurs first.

1988, c. 84, s. 53; 1990, c. 78, s. 32; 1997, c. 96, s. 13; 2001, c. 46, s. 2.

54. The term of office of parents’ representatives on the governing board is two years and the term of office of the representatives of other groups is one year.

However, the term of office of half of the first parents’ representatives, elected by the meeting of parents, is one year.

The members of the governing board shall remain in office until they are reelected, reappointed or replaced.

1988, c. 84, s. 54; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

55. A parents’ representative whose child no longer attends the school may remain a member of the governing board until the next meeting held pursuant to section 47.

A vacancy resulting from the departure of a parents’ representative shall be filled, for the unexpired portion of the representative’s term, by a parent designated by the other parents’ representatives on the governing board.

A vacancy resulting from the departure or disqualification of any other member of the governing board is filled, for the unexpired portion of the term, according to the mode of appointment prescribed for the member to be replaced.

1988, c. 84, s. 55; 1990, c. 8, s. 7; 1997, c. 96, s. 13.

§ 3 . — Operation

1997, c. 96, s. 13.

56. The governing board shall choose its chair from among the parents’ representatives on the governing board who are not members of the personnel of the school board.

1988, c. 84, s. 56; 1997, c. 96, s. 13.

57. The principal shall preside over the governing board until the chair is elected.

1988, c. 84, s. 57; 1997, c. 96, s. 13.

58. The term of office of the chair is one year.

1988, c. 84, s. 58; 1997, c. 96, s. 13.

59. The chair of the governing board shall preside at meetings of the governing board.

1988, c. 84, s. 59; 1997, c. 96, s. 13.

60. If the chair is absent or unable to act, the governing board shall designate a person from among the members who are eligible for the office of chair to exercise the functions and powers of the chair.

1988, c. 84, s. 60; 1990, c. 8, s. 8; 1997, c. 96, s. 13.

60.1. (Replaced).

1990, c. 8, s. 8; 1997, c. 96, s. 13.

61. A majority of the members of the governing board who are in office, including at least half of the parents’ representatives, is a quorum of the governing board.

1988, c. 84, s. 61; 1997, c. 96, s. 13.

62. If the governing board is unable to hold a meeting for lack of a quorum after three consecutive notices have been sent at intervals of at least seven days, the school board may order that the functions and powers of the governing board be suspended for the period determined by the school board and that they be exercised by the principal.

1988, c. 84, s. 62; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

63. The decisions of the governing board are made by a majority vote of the members present and entitled to vote.

If votes are equally divided, the chair has a casting vote.

1988, c. 84, s. 63; 1997, c. 96, s. 13.

64. Every decision of the governing board must be made in the best interests of the students.

1988, c. 84, s. 64; 1997, c. 96, s. 13.

65. The governing board may hold its meetings on the school premises.

The governing board may also use the school’s administrative support services and facilities free of charge, subject to the conditions determined by the principal.

1988, c. 84, s. 65; 1997, c. 96, s. 13.

66. The governing board shall adopt and oversee the administration of its annual operating budget and render an account thereof to the school board.

The budget must maintain a balance between expenditures, on the one hand, and the financial resources allocated to the governing board by the school board, on the other.

1988, c. 84, s. 66; 1997, c. 96, s. 13.

67. The governing board shall establish rules for its internal management. The rules shall provide for at least five meetings every school year.

The governing board shall fix the date, time and place of its meetings, and inform the parents and the members of the school staff.

1988, c. 84, s. 67; 1997, c. 96, s. 13.

68. The meetings of the governing board are open to the public; however the governing board may order that a meeting be closed to the public if a matter is to be examined which could cause injury to a person.

1988, c. 84, s. 68; 1997, c. 96, s. 13.

69. The minutes of the proceedings of the governing board shall be recorded in a register kept for that purpose by the principal or by a person specially designated by the principal. The register is open to the public.

The minutes, after being read and approved at the beginning of the following meeting, shall be signed by the person presiding over the meeting and countersigned by the principal or by the person designated by the principal under the first paragraph.

The reading of the minutes is not required provided that a copy of the minutes was delivered to each member present at least six hours before the beginning of the meeting at which the minutes are to be approved.

A copy of an extract from the register may be obtained on payment of a reasonable fee fixed by the governing board.

1988, c. 84, s. 69; 1997, c. 96, s. 13.

70. Every member of the governing board who has a direct or indirect interest in an enterprise that places the member’s personal interest in conflict with the interest of the school must, on pain of forfeiture of office, disclose the interest in writing to the principal, abstain from voting on any matter concerning the enterprise and avoid influencing the decision relating to it. The member must, in addition, withdraw from a meeting while the matter is discussed or voted on.

A disclosure under the first paragraph must be made at the first meeting of the governing board

(1)  after a person having such an interest becomes a member of the governing board;

(2)  after a member of the board acquires such an interest;

(3)  during which the matter is dealt with.

1988, c. 84, s. 70; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

71. The members of the governing board must act within the scope of the functions and powers conferred on them, and exercise the care, prudence and diligence that a reasonable person would exercise in similar circumstances; they must also act with honesty and loyalty and in the interest of the school, the students, the parents, the school staff and the community.

1988, c. 84, s. 71; 1997, c. 96, s. 13.

72. The members of a governing board may not be prosecuted for an act performed in good faith in the exercise of governing board functions.

1988, c. 84, s. 72; 1997, c. 96, s. 13.

73. The school board shall assume the defence of any member of the governing board who is prosecuted by a third person for an act done in the exercise of governing board functions.

In the case of penal or criminal proceedings, the school board may require a member who has been prosecuted to repay the defence expenses, except if the member had reasonable grounds to believe that the act was in conformity with the law, if the proceedings were withdrawn or dismissed or if the member was discharged or acquitted.

As well, the school board may require repayment of the defence expenses by the member if the member was found liable for damage caused by an act done in bad faith in the exercise of governing board functions.

1988, c. 84, s. 73; 1997, c. 96, s. 13.

§ 4 . — Functions and powers

1997, c. 96, s. 13.

1.  — General functions and powers

1997, c. 96, s. 13.

74. The governing board shall analyze the situation prevailing at the school, principally the needs of the students, the challenges tied to student success and the characteristics and expectations of the community served by the school. Based on the analysis and the strategic plan of the school board, the governing board shall adopt, oversee the implementation of and periodically evaluate the school’s educational project.

In exercising such functions, the governing board shall seek the collaboration of persons having an interest in the school.

To that end, the governing board shall encourage the communication of information, dialogue and concerted action between students, parents, the principal, teachers and other school staff members and community representatives, and their collaboration in helping students to achieve success.

1988, c. 84, s. 74; 1997, c. 96, s. 13; 2002, c. 63, s. 6.

75. The governing board is responsible for approving the school’s success plan, and any updated version of the plan, proposed by the principal.

1988, c. 84, s. 75; 1997, c. 96, s. 13; 2002, c. 63, s. 7.

76. The governing board is responsible for approving the rules of conduct and the safety measures proposed by the principal.

The rules and measures may include disciplinary sanctions other than expulsion from school or corporal punishment; the rules and measures shall be transmitted to all students at the school and their parents.

1988, c. 84, s. 76; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

77. The proposals made under sections 75 and 76 shall be developed in collaboration with the school staff.

The collaboration procedure shall be established by the persons concerned at general meetings called for that purpose by the principal or, failing that, shall be determined by the principal.

1988, c. 84, s. 77; 1997, c. 96, s. 13.

78. The governing board shall advise the school board concerning

(1)  any matter the school board is required to submit to the governing board;

(2)  any matter likely to facilitate the operation of the school;

(3)  any matter likely to improve the organization of the services provided by the school board.

1988, c. 84, s. 78; 1990, c. 78, s. 33; 1997, c. 96, s. 13.

79. The school board must consult with the governing board concerning

(1)  the amendment or revocation of the deed of establishment of the school;

(2)  the selection criteria for the appointment of the principal;

(3)  (paragraph repealed).

1988, c. 84, s. 79; 1997, c. 96, s. 13; 2000, c. 24, s. 21.

80. The governing board may, within the scope of its powers, enter into an agreement with another educational institution of the school board concerning the pooling of goods and services or the holding of joint activities.

1988, c. 84, s. 80; 1990, c. 78, s. 34, s. 54; 1997, c. 58, s. 47; 1997, c. 96, s. 13.

81. The governing board shall furnish to the school board, on the date and in the form specified by the school board, any information required by the school board for the exercise of its functions.

1988, c. 84, s. 81; 1997, c. 96, s. 13.

82. The governing board shall prepare and adopt an annual activity report and shall transmit a copy of the report to the school board.

1988, c. 84, s. 82; 1997, c. 96, s. 13.

83. Each year, the governing board shall inform the parents and the community served by the school of the services provided by the school and report on the level of quality of such services.

The governing board shall make public the educational project and the success plan of the school.

Each year, the governing board shall report on the evaluation of the implementation of the success plan.

A document explaining the educational project and reporting on the evaluation of the implementation of the success plan shall be distributed to the parents and the school staff. The governing board shall see to it that the wording of the document is clear and accessible.

1988, c. 84, s. 83; 1997, c. 96, s. 13; 2002, c. 63, s. 8.

2.  — Functions and powers relating to educational services

1997, c. 96, s. 13.

84. The governing board is responsible for approving the approach proposed by the principal for the implementation of the basic school regulation.

1988, c. 84, s. 84; 1997, c. 96, s. 13.

85. The governing board is responsible for approving the overall approach proposed by the principal for the enrichment or adaptation by the teachers of the objectives and suggested content of the programs of studies established by the Minister and for the development of local programs of studies to meet the specific needs of the students at the school.

1988, c. 84, s. 85; 1989, c. 36, s. 258; 1997, c. 96, s. 13.

86. The governing board is responsible for approving the time allocation proposed by the principal for each compulsory or elective subject and shall satisfy itself

(1)  that the compulsory objectives of the programs of studies established by the Minister will be achieved and their compulsory contents will be acquired;

(2)  (paragraph repealed);

(3)  that the rules governing the certification of studies prescribed by the basic school regulation are complied with.

1988, c. 84, s. 86; 1997, c. 96, s. 13; 2000, c. 24, s. 22.

87. The governing board is responsible for approving the programming of educational activities, proposed by the principal, which entail changes in the students’ regular time of arrival and departure or which require the students to leave school premises.

1988, c. 84, s. 87; 1989, c. 36, s. 259; 1997, c. 96, s. 13.

88. The governing board is responsible for approving the approach proposed by the principal for the implementation of the student services and special educational services programs prescribed by the basic school regulation and determined by the school board, or provided for in an agreement entered into by the school board.

1988, c. 84, s. 88; 1997, c. 96, s. 13.

89. Proposals under sections 84, 87 and 88 shall be developed in collaboration with the school staff; proposals under sections 85 and 86 shall be developed in collaboration with the teachers.

The collaboration procedure shall be established by the persons concerned at general meetings called for that purpose by the principal or, failing that, shall be determined by the principal.

1988, c. 84, s. 89; 1990, c. 78, s. 35; 1997, c. 58, s. 48; 1997, c. 96, s. 13.

3.  — Functions and powers relating to community services

1997, c. 96, s. 13.

90. The governing board may organize educational services other than those prescribed by the basic school regulation, including instructional services outside teaching periods during the school days of the school calendar or on non-school days, and may organize social, cultural or sports services.

It may also allow other persons or organizations to organize such services on school premises.

1988, c. 84, s. 90; 1997, c. 96, s. 13.

91. For the purposes of section 90, the governing board may, in the name of the school board and within the scope of the school’s budget, contract with a person or body for the provision of goods or services. In addition, it may require a financial contribution from users of such goods and services.

A draft of a contract to be entered into under the first paragraph must be sent to the school board at least 20 days before its conclusion. Within 15 days after receiving it, the school board may indicate its disagreement on the ground of non-compliance with the standards governing the school board; in the absence of such indication, the contract may be concluded.

1988, c. 84, s. 91; 1997, c. 96, s. 13.

92. Revenues derived from the provision of goods and services under section 90 shall be credited to the appropriations allocated to the school.

1988, c. 84, s. 92; 1997, c. 96, s. 13.

4.  — Functions and powers relating to physical and financial resources

1997, c. 96, s. 13.

93. The governing board is responsible for approving the use of the premises or immovables placed at the disposal of the school, proposed by the principal, subject to the obligations imposed by law for the use of the school premises for election purposes and to agreements for the use of school premises entered into by the school board before the issue of the deed of establishment of the school.

Any agreement entered into by the governing board for the use of the premises or immovables placed at the disposal of the school requires prior authorization from the school board if the term of the agreement exceeds one year.

The governing board is responsible for approving the organization by the school board, on the school premises, of cultural, social, sports, scientific or community services.

1988, c. 84, s. 93; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

94. The governing board may, in the name of the school board, solicit and receive gifts, legacies, grants and other voluntary contributions from any person or public or private organization wishing to provide funding for school activities.

The governing board may not, however, solicit or receive gifts, legacies, grants or other contributions to which conditions incompatible with the mission of the school are attached, particularly conditions relative to any form of commercial solicitation.

The contributions received shall be paid into a designated fund created for that purpose in respect of the school by the school board; the funds making up the fund and the interest earned shall be appropriated to the school.

The school board shall keep separate books and accounts for the operations of the fund.

The management of the fund shall be supervised by the governing board; the school board must, at the request of the governing board, give access to the records of the fund and provide the governing board with any account, report or other information relating to the fund.

1988, c. 84, s. 94; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 96, s. 13.

95. The governing board is responsible for adopting the school’s annual budget proposed by the principal, and shall submit the budget to the school board for approval.

1988, c. 84, s. 95; 1997, c. 47, s. 1; 1997, c. 96, s. 13.

DIVISION III PARENT PARTICIPATION ORGANIZATION

1997, c. 96, s. 13.

96. The meeting of parents called pursuant to section 47 shall decide whether or not to form a parent participation organization.

If the meeting decides to form a parent participation organization, it shall determine the name, composition and operating rules of the organization and shall elect its members.

1988, c. 84, s. 96; 1997, c. 96, s. 13.

96.1. Where under the deed of establishment of the school more than one immovable is placed at the disposal of the school or where the school provides both elementary and secondary instruction, the meeting of parents may establish a parent participation organization for each immovable or each level of instruction, instead of only one.

1997, c. 96, s. 13.

96.2. The purpose of a parent participation organization is to encourage the collaboration of parents in developing, implementing and periodically evaluating the school’s educational project and their participation in fostering their child’s success.

1997, c. 96, s. 13; 2002, c. 63, s. 9.

96.3. A parent participation organization may advise the parents’ representatives on the governing board regarding any matter of concern to parents or any matter concerning which the organization is consulted by the parents’ representatives on the governing board.

1997, c. 96, s. 13.

96.4. A parent participation organization may hold its meetings on the school premises.

The organization may also use the school’s administrative support services and facilities free of charge, subject to the conditions determined by the principal after consulting with the governing board.

1997, c. 96, s. 13.

DIVISION IV STUDENT COMMITTEE

1997, c. 96, s. 13.

96.5. During the month of September each year, the principal of a school providing education to students in the second cycle of the secondary level shall see to the formation of a student committee.

The students shall determine the name, composition and operating rules and elect the members of the committee.

The students may decide not to form a student committee or entrust the functions of student committee to an association representing them.

1997, c. 96, s. 13.

96.6. The purpose of the student committee is to encourage the collaboration of students in developing, implementing and periodically evaluating the school’s educational project and their participation in fostering success and in school activities.

The student committee may also make suggestions to the student representatives on the governing board and to the principal that are likely to facilitate the proper operation of the school.

1997, c. 96, s. 13; 2002, c. 63, s. 10.

96.7. The student committee or the association representing the students may, for the purpose of its functions, meet on the school premises.

1997, c. 96, s. 13.

DIVISION V PRINCIPAL

1997, c. 96, s. 13.

§ 1 . — Appointment

1997, c. 96, s. 13.

96.8. The principal of a school shall be appointed by the school board in accordance with the selection criteria established by the school board after consulting with the governing board.

The school board may designate a person to fill the position of principal temporarily, having regard to the provisions of the applicable collective agreements or regulations of the Minister.

1997, c. 96, s. 13.

96.9. The school board may appoint one or more vice principals after consulting with the principal.

1997, c. 96, s. 13.

96.10. A vice principal shall assist the principal in the exercise of the principal’s functions and powers.

The vice principal, or the vice principal designated by the school board, shall exercise the principal’s functions and powers if the principal is absent or unable to act.

1997, c. 96, s. 13.

96.11. The principal may not, on pain of forfeiture of office, have any direct or indirect interest in an enterprise which places the principal’s personal interest in conflict with the interest of the school.

However, forfeiture of office is not incurred if the interest is acquired by succession or gift, provided the principal renounces or disposes of it promptly.

1997, c. 96, s. 13.

§ 2 . — Functions and powers

1997, c. 96, s. 13.

96.12. The principal, under the authority of the director general of the school board, shall ensure that educational services provided at the school meet the proper standards of quality.

The principal is the academic and administrative director of the school and shall see to the implementation of the decisions of the governing board and of the other provisions governing the school.

1997, c. 96, s. 13.

96.13. The principal shall assist the governing board in the exercise of its functions and powers and, for that purpose, the principal shall

(1)  coordinate the analysis of the situation prevailing at the school and the development, implementation and periodical evaluation of the school’s educational project;

(1.1)  coordinate the development, the review and any updating of the school’s success plan;

(2)  ensure that the proposals required under this chapter are prepared and submitted to the governing board for approval;

(2.1)  ensure that the governing board is provided all necessary information before approving the proposals made under this chapter;

(3)  encourage concerted action between the parents, the students and the staff, their participation in the life of the school and their collaboration in fostering success;

(4)  inform the governing board on a regular basis concerning the proposals approved by the principal under section 96.15.

If the principal fails or refuses to submit to the governing board a proposal concerning a matter within the purview of the governing board within 15 days of the date on which the governing board requests the proposal, the governing board may act without such a proposal.

1997, c. 96, s. 13; 2002, c. 63, s. 11.

96.14. In the case of a handicapped student or a student with a social maladjustment or a learning disability, the principal, with the assistance of the student’s parents, of the staff providing services to the student, and of the student himself, unless the student is unable to do so, shall establish an individualized education plan adapted to the needs of the student. The plan must be consistent with the school board’s policy concerning the organization of services for handicapped students and students with social maladjustments or learning disabilities and in keeping with the ability and needs of the student as evaluated by the school board before the student’s placement and enrollment at the school.

The principal shall see to the implementation and periodical evaluation of the education plan and inform the student’s parents on a regular basis.

1997, c. 96, s. 13.

96.15. The principal is responsible for approving, on the proposal of the teachers or, in the case of matters referred to in subparagraph 5, of the members of the staff concerned and after consulting with the governing board in the case of proposals under subparagraph 3,

(1)  in accordance with the policies determined by the governing board, the local programs of studies developed to meet the special needs of students;

(2)  the criteria for the introduction of new instructional methods;

(3)  in accordance with this Act and in keeping with the school budget, the textbooks and instructional material required for the teaching of programs of studies;

(4)  the standards and procedures for the evaluation of student achievement in keeping with the prescriptions of the basic school regulation and subject to the examinations that may be imposed by the Minister or the school board;

(5)  the rules governing the placement of students and their promotion from one cycle to the other at the elementary level, subject to the rules prescribed by the basic school regulation.

The proposals of the teachers or the staff members under this section shall be made according to the procedure determined by the teachers or the staff members at general meetings called for that purpose by the principal or, failing that, according to the procedure determined by the principal.

A proposal of the teachers or the staff members concerning a subject referred to in this section must be made within 15 days after the proposal is requested by the principal, failing which the principal may act without such proposal.

If the principal does not approve a proposal of the teachers or the staff members, the principal shall give reasons, in writing, for the decision.

1997, c. 96, s. 13.

96.16. With the authorization of the Minister, a greater number of credits may be assigned to a local program of studies than the number of credits prescribed by the basic school regulation.

1997, c. 96, s. 13; 2000, c. 24, s. 23.

96.17. Following a request, with reasons, from the parents of a child who has not achieved the objectives of preschool education, the principal may admit the child, as prescribed by regulation of the Minister, to preschool education for the school year in which he would be eligible for admission to elementary school education, if there are reasonable grounds to believe that such measure will enable the child to achieve those objectives.

1997, c. 96, s. 13.

96.18. Following a request, with reasons, from the parents of a student who has not achieved the objectives or mastered the compulsory notional contents of elementary school education at the end of the period fixed by the basic school regulation for mandatory promotion to secondary school, the principal may admit the student, as prescribed by regulation of the Minister, to elementary school education for an additional school year, if there are reasonable grounds to believe that such measure will enable the student to achieve those objectives or master those notional contents.

1997, c. 96, s. 13.

96.19. Each year, the principal shall submit a report to the school board on the number of students admitted under each of sections 96.17 and 96.18, on the date determined and in the form specified by the school board.

1997, c. 96, s. 13.

96.20. After consulting with the school staff, the principal shall inform the school board, on the date and in the form determined by the school board, of the needs of the school in respect of each staff category and of the professional development needs of the staff.

1997, c. 96, s. 13.

96.21. The principal is responsible for the management of the staff of the school and shall determine the duties and responsibilities of each staff member in accordance with the provisions of the applicable collective agreements or regulations of the Minister and, where applicable, with the agreements between the school board and university-level institutions concerning the training of future teachers or the mentoring of newly qualified teachers.

The principal shall see to the organization of such professional development activities for the school staff as agreed with the staff, in accordance with the provisions of the applicable collective agreements.

1997, c. 96, s. 13; 2000, c. 24, s. 24.

96.22. After consulting with the governing board, the principal shall inform the school board of the requirements of the school as regards goods and services, and of any required improvement, equipment, construction, conversion or repair of the premises or immovables placed at the disposal of the school.

1997, c. 96, s. 13.

96.23. The principal shall manage the physical resources of the school in keeping with the applicable standards and decisions of the school board; the principal shall render an account of such management to the school board.

1997, c. 96, s. 13.

96.24. The principal shall prepare the annual budget of the school, submit it to the governing board for adoption, administer the budget and render an account thereof to the governing board.

The budget must maintain a balance between expenditures, on the one hand, and the financial resources allocated to the school by the school board and the school’s own revenues, on the other.

The approved school budget shall constitute separate appropriations within the school board’s budget, and the expenditures for that school shall be charged to those appropriations.

If a school closes, the school’s surpluses and funds shall be transferred to the school board.

1997, c. 96, s. 13.

96.25. The principal shall participate in defining the strategic plan, policies and by-laws of the school board.

1997, c. 96, s. 13; 2002, c. 63, s. 12.

96.26. The principal shall also exercise the functions and powers delegated by the council of commissioners.

The principal shall, at the request of the school board, exercise functions other than the functions of a principal.

1997, c. 96, s. 13.

CHAPTER IV VOCATIONAL TRAINING CENTRES AND ADULT EDUCATION CENTRES

1997, c. 96, s. 13.

DIVISION I ESTABLISHMENT

1997, c. 96, s. 13.

97. Vocational training centres are educational institutions whose mission is to provide the educational services prescribed by the basic vocational training regulation established by the Government under section 448.

Adult education centres are educational institutions whose mission is to provide to persons entitled thereto under section 2 the educational services prescribed by the basic adult education regulation established by the Government under section 448.

Centres shall pursue their mission within the framework of the policies and the objectives determined pursuant to section 109 and implemented by means of a success plan.

It is also the mission of centres to contribute to the social and cultural development of the community.

1988, c. 84, s. 97; 1990, c. 78, s. 54; 1997, c. 96, s. 13; 2002, c. 63, s. 13.

97.1. The success plan of the centre shall comprise

(1)  the measures to be taken based on the policies and objectives determined under section 109 ;

(2)  methods for evaluating the implementation of the success plan.

The success plan shall be reviewed each year and updated, if necessary.

2002, c. 63, s. 14.

98. At the request of the school board, an adult education centre shall provide a general education program to students in a vocational training program offered by a vocational training centre or by an enterprise that meets the conditions determined by the Minister in a regulation under paragraph 7 of section 111 of the Act respecting private education (chapter E-9.1).

Likewise, a vocational training centre shall provide a general education program to students in a vocational training program.

1988, c. 84, s. 98; 1997, c. 96, s. 13.

99. For the purposes of section 72 of the Charter of the French language (chapter C-11), a vocational training centre shall be considered to be a school as far as persons entitled to educational services under section 1 are concerned.

1988, c. 84, s. 99; 1997, c. 96, s. 13.

100. Centres shall be established by the school board.

The deed of establishment of a centre shall state the name and address of the centre and indicate the premises or immovables placed at the disposal of the centre. The deed shall also specify whether the centre is a vocational training centre or an adult education centre.

Where the deed of establishment of the centre places more than one immovable at the disposal of the centre, the school board, after consulting with the principal, may appoint a person to be responsible for each immovable and determine that person’s functions.

The persons appointed shall perform their functions under the authority of the principal.

1988, c. 84, s. 100; 1997, c. 96, s. 13.

101. A school board may, after consulting with the governing board or at its request, amend the deed of establishment of a centre in keeping with the three-year plan of allocation and destination of the school board immovables.

1988, c. 84, s. 101; 1990, c. 8, s. 9; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

DIVISION II GOVERNING BOARD

1997, c. 96, s. 13.

§ 1 . — Composition and formation

1997, c. 96, s. 13.

102. A governing board shall be established for each centre.

The governing board, which shall have not more than 20 members, shall include the following persons, who shall become members of the board upon their appointment or election:

(1)  students attending the centre, elected by their peers according to the procedure determined by the principal after consulting with the students or the students’ association, if any;

(2)  at least four members of the staff of the centre, including at least two teachers and, if the persons concerned so decide, at least one non-teaching professional staff member and at least one support staff member, elected by their peers according to the procedure set out in their respective collective agreements or, failing that, according to the procedure determined by the principal after consulting with the persons concerned;

(3)  at least two persons appointed by the school board after consulting with the socio-economic and community groups in the territory principally served by the centre;

(4)  in the case of a vocational training centre, at least two parents of students attending the centre who are not members of the staff of the centre, elected by their peers according to the procedure determined by the principal;

(5)  at least two persons appointed by the school board from within enterprises of the region which, in the case of a vocational training centre, operate in economic sectors corresponding to the vocational education programs offered by the centre.

The term of office of members of the governing board is two years.

The members of the governing board shall remain in office until they are reelected, reappointed or replaced.

A vacancy resulting from the departure or disqualification of any other member of the governing board is filled, for the unexpired portion of the term, according to the mode of appointment prescribed for the member to be replaced.

1988, c. 84, s. 102; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

103. The school board shall determine the number of representatives of each group on the governing board after consulting with each group.

The total number of seats for staff representatives must not exceed the total number of seats for representatives of other groups.

1988, c. 84, s. 103; 1997, c. 96, s. 13.

104. Commissioners elected or appointed pursuant to the Act respecting school elections (chapter E-2.3) cannot be members of the governing board of a centre under the authority of the school board.

However, a commissioner, if so authorized by the governing board, may take part in meetings of the governing board but is not entitled to vote.

1988, c. 84, s. 104; 1990, c. 8, s. 10; 1990, c. 78, s. 36; 1997, c. 96, s. 13.

105. The principal shall take part in meetings of the governing board but is not entitled to vote.

1988, c. 84, s. 105; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

106. The fact that the representatives of a group fall short of the required number shall not prevent the formation of the governing board.

1988, c. 84, s. 106; 1997, c. 96, s. 13.

§ 2 . — Operation

1997, c. 96, s. 13.

107. The governing board shall choose its chair from among the members appointed or elected under subparagraphs 3 to 5 of the second paragraph of section 102 who are not members of the personnel of the school board.

1988, c. 84, s. 107; 1997, c. 96, s. 13.

107.1. A majority of the members in office is a quorum of the governing board.

2002, c. 63, s. 15.

108. Sections 57 to 60 and 62 to 73, adapted as required, apply to the operation of the governing board of a centre.

1988, c. 84, s. 108; 1997, c. 96, s. 13; 2002, c. 63, s. 16.

§ 3 . — Functions and powers

1997, c. 96, s. 13.

109. The governing board shall analyze the situation prevailing at the centre, particularly the challenges tied to student success and the characteristics and expectations of the community served by the centre. Based on the analysis and the strategic plan of the school board, the governing board shall determine, oversee the implementation of and periodically evaluate the centre’s specific policies and objectives for improving student success. The governing board may also determine actions to promote those policies and integrate them into the life of the centre.

In exercising those functions, the governing board shall seek the collaboration of persons having an interest in the centre.

To that end, the governing board shall encourage the communication of information, dialogue and concerted action between students, parents, the principal, teachers and other staff members and community representatives.

1988, c. 84, s. 109; 1997, c. 96, s. 13; 2002, c. 63, s. 17.

109.1. The governing board is responsible for approving the centre’s success plan, and any updated version of the plan, proposed by the principal.

The proposals shall be developed in collaboration with the staff of the centre.

The collaboration procedure shall be established by the persons concerned at general meetings called for that purpose by the principal or, failing that, shall be determined by the principal.

2002, c. 63, s. 18.

110. The governing board shall advise the school board concerning

(1)  any matter the school board is required to submit to the governing board;

(2)  any matter likely to facilitate the operation of the centre;

(3)  any matter likely to improve the organization of the services provided by the school board.

1988, c. 84, s. 110; 1990, c. 78, s. 54; 1997, c. 96, s. 13.

110.1. The school board must consult the governing board concerning

(1)  the amendment or revocation of the deed of establishment of the centre;

(2)  the selection criteria for the appointment of the principal.

1997, c. 96, s. 13.

110.2. The functions of the governing board include approving the proposals of the principal on the following matters:

(1)  the approach for the implementation of the basic regulation;

(2)  the implementation of the programs of studies;

(3)  the implementation of the programs relating to student services and popular education prescribed by the basic regulation which are determined by the school board or provided for in an agreement made by the school board;

(4)  the operating rules of the centre.

Proposals under subparagraph 2 of the first paragraph shall be developed in collaboration with the teachers and the other proposals, in collaboration with the staff members concerned.

The collaboration procedure shall be established by the persons concerned at general meetings called for that purpose by the principal or, failing that, shall be determined by the principal.

1997, c. 96, s. 13.

110.3. The governing board may organize social, cultural or sports services or allow other persons or organizations to organize such services on the premises of the centre.

For the purposes of this section, the governing board may, in the name of the school board and in keeping with the budget of the centre, contract with a person or organization for the provision of goods and services. In addition, the governing board may require a financial contribution from users of such goods and services.

Revenues derived from the provision of such goods and services shall be credited to the appropriations allocated to the centre.

1997, c. 96, s. 13.

110.3.1. Each year, the governing board shall inform the community served by the centre of the services provided by the centre and report on the level of quality of such services.

The governing board shall make public the policies, objectives and success plan of the centre.

Each year, the governing board shall report on the evaluation of the implementation of the success plan.

A document explaining the policies and objectives of the centre and reporting on the evaluation of the implementation of the success plan shall be distributed to the students and the staff. The governing board shall see to it that the wording of the document is clear and accessible.

2002, c. 63, s. 19.

110.4. Sections 80 to 82 and 93 to 95, adapted as required, apply to the governing board of a centre.

1997, c. 96, s. 13; 2002, c. 63, s. 20.

DIVISION III PRINCIPAL

1997, c. 96, s. 13.

§ 1 . — Appointment

1997, c. 96, s. 13.

110.5. The principal of a centre shall be appointed by the school board in accordance with the criteria established after consulting with the governing board.

The school board may designate a person to fill the position of principal temporarily, having regard to the provisions of the applicable collective agreements or regulations of the Minister.

1997, c. 96, s. 13.

110.6. The school board may appoint one or more vice principals after consulting with the principal.

1997, c. 96, s. 13.

110.7. A vice principal shall assist the principal in the exercise of his functions and powers.

The vice principal, or the vice principal designated by the school board, shall exercise the functions and powers of the principal if the principal is absent or unable to act.

1997, c. 96, s. 13.

110.8. The principal may not, on pain of forfeiture of office, have any direct or indirect interest in an enterprise which places the principal’s personal interest in conflict with the interest of the centre.

However, forfeiture of office is not incurred if the interest is acquired by succession or gift, provided the principal renounces or disposes of it promptly.

1997, c. 96, s. 13.

§ 2 . — Functions and powers

1997, c. 96, s. 13.

110.9. The principal, under the authority of the director general of the school board, shall ensure that educational services provided at the centre meet the proper standards of quality.

The principal is the academic and administrative director of the centre and shall see to the implementation of the decisions of the governing board and of the other provisions governing the centre.

1997, c. 96, s. 13.

110.10. The principal shall assist the governing board in the exercise of its functions and powers and, for that purpose, the principal shall

(1)  coordinate the analysis of the situation prevailing at the centre and the development, implementation and periodical evaluation of the objectives of the centre;

(1.1)  coordinate the development, the review and any updating of the centre’s success plan;

(2)  ensure that the proposals required under this chapter are prepared and submitted to the governing board for approval;

(2.1)  ensure that the governing board is provided all necessary information before approving the proposals made under this chapter.

If the principal fails or refuses to submit to the governing board a proposal concerning a matter within the purview of the governing board within 15 days of the date on which the governing board requests the proposal, the governing board may act without such a proposal.

1997, c. 96, s. 13; 2002, c. 63, s. 21.

110.11. In the case of a handicapped student or a student with a social maladjustment or a learning disability attending a vocational training centre, the principal, with the assistance of the student’s parents, of the staff providing services to the student, and of the student, unless the student is unable to do so, shall establish an individualized education plan adapted to the student’s needs and abilities.

The principal shall see to the implementation and periodical evaluation of the education plan and inform the student’s parents on a regular basis.

1997, c. 96, s. 13.

110.12. The principal is also responsible for approving, on the proposal of the teachers,

(1)  the criteria for the introduction of new instructional methods;

(2)  in keeping with the budget of the centre, the textbooks and instructional material required for the teaching of programs of studies;

(3)  the standards and procedures for the evaluation of student achievement in keeping with the prescriptions of the basic regulation and subject to the examinations that may be imposed by the Minister or the school board.

The proposals of the teachers under this section shall be made according to the procedure determined by the teachers at a meeting called for that purpose by the principal or, failing that, according to the procedure determined by the principal.

A proposal of the teachers concerning a subject referred to in this section must be made within 15 days after the proposal is requested by the principal, failing which the principal may act without such proposal.

If the principal does not approve a proposal of the teachers, the principal shall give reasons for the decision.

1997, c. 96, s. 13.

110.13. Sections 96.20 to 96.26, adapted as required, apply to the principal of a centre.

1997, c. 96, s. 13.

CHAPTER V SCHOOL BOARDS

DIVISION I ESTABLISHMENT OF FRENCH LANGUAGE AND ENGLISH LANGUAGE SCHOOL BOARDS

111. The Government shall, by order, divide the territory of Québec into two groups of territories: one of territories for French language school boards and the other, of territories for English language school boards. The territory of the Cree School Board, that of the Kativik School Board and that of the Commission scolaire du Littoral established by chapter 125 of the statutes of Québec, 1966-67, are excluded from such division, however.

A school board shall be established in each territory.

The order shall assign a name temporarily to each school board; the name may contain a number.

The order shall be published in the Gazette officielle du Québec not later than 31 August and comes into force on the date of its publication.

1988, c. 84, s. 111; 1990, c. 78, s. 1; 1997, c. 47, s. 2.

111.1. After consulting each school board established by the territorial division order, the Government shall determine its name.

The order comes into force 10 days after the date of its publication in the Gazette officielle du Québec or on any later date indicated therein.

1997, c. 47, s. 3.

112. School boards established pursuant to this division belong to only one of the following categories: French language school boards or English language school boards.

1988, c. 84, s. 112.

113. A school board is a legal person established in the public interest.

1988, c. 84, s. 113; 1997, c. 96, s. 14.

114. The Government may, by order, change the name of any school board requesting it.

The order comes into force ten days from the date of its publication in the Gazette officielle du Québec or on any later date indicated therein.

1988, c. 84, s. 114.

115. The head office of a school board shall be located at such place in its territory as it shall determine.

The school board shall inform the Minister and give public notice of the location or of any new address of its head office.

1988, c. 84, s. 115.

116. At the request of the school boards of the same category concerned, whose territories are contiguous, or of a majority of the electors of those school boards, the Government, by order, may amalgamate their territories and establish a new school board, or extend the boundaries of the territory of one of the school boards by annexing the whole territory of the other school board.

In the case of amalgamation, a new school board shall be established in the territory determined in the order, and the applying school boards shall cease to exist.

In case of total annexation, the school board whose territory is annexed shall cease to exist.

1988, c. 84, s. 116.

117. At the request of a school board or of a majority of the electors living in that part of its territory affected by the request, the Government may, by order, divide the territory of that school board and either establish a new territory or annex part of its territory to that of another school board of the same category whose territory is contiguous and which consents thereto.

In the case of a division for the purpose of establishing a new territory, a new school board shall be established in the territory determined in the order.

1988, c. 84, s. 117; 1990, c. 8, s. 11.

117.1. The Government may, of its own motion and, where expedient, without the consent referred to in section 117, issue an order under section 116 or 117.

1991, c. 27, s. 1.

118. Any order issued under section 116, 117 or 117.1 shall, where applicable, determine the name of the new school board.

The order comes into force on 1 July following the date of its publication in the Gazette officielle du Québec or on any later date indicated therein.

1988, c. 84, s. 118; 1991, c. 27, s. 2.

118.1. Where the territories of school boards are amalgamated, the commissioners of such school boards shall, from the publication of the order, establish the provisional council of the new school board resulting from the amalgamation of those territories.

However, the Minister may limit the number of members from each school board; the members shall, in such a case, be designated by their respective councils.

1991, c. 27, s. 3; 1997, c. 96, s. 15.

118.2. Where the territory of a school board is divided to allow for the establishment of new school boards, the provisional council of a new school board shall, from the publication of the order, consist of every commissioner whose electoral division has been totally integrated into the territory of the new school board and of every commissioner whose electoral division has been integrated in part where that part includes the place of residence of a majority of his electors.

1991, c. 27, s. 3.

118.3. The provisional council shall be responsible for taking the preliminary measures necessary to put the new school board into operation in its territory from the coming into force of the order as well as the measures required for the organization of the first school year which begins on the same date.

For such purposes, it shall exercise the functions and powers of the new school board as if it were the council of commissioners. However, the representatives of a parents’ committee who are members of a provisional council are not entitled to vote at sittings of the council.

1991, c. 27, s. 3.

119. Where the territories of school boards are amalgamated or where the territory of a school board is totally annexed to that of another, the rights and obligations of the school boards whose territories are amalgamated or of the school board whose territory is annexed become the rights and obligations of the new school board resulting from the amalgamation or of the annexing school board.

1988, c. 84, s. 119.

120. Where the territory of a school board is divided as a result of the formation of a new territory or the annexation of part of its territory to the territory of another school board, the school boards concerned shall apportion the rights and obligations of the school board whose territory has been divided.

The school boards concerned shall send to the Minister, at such time and in such form as he may determine, the apportionment of the rights and obligations of the school board which has had its territory divided. The Minister shall publish a notice in the Gazette officielle du Québec indicating the school board succeeding to the obligations of the school board which has had its territory divided.

The Minister shall rule on any dispute among the school boards concerned except disputes respecting the transfer and reassignment of employees who are members of a certified association within the meaning of the Labour Code (chapter C-27) or employees for whom a regulation of the Minister made under section 451 provides a special recourse.

1988, c. 84, s. 120; 1997, c. 96, s. 16.

121. In the case of any transfer of ownership of an immovable as a result of the application of section 119 or 120, a notice stating the facts establishing the transfer and describing the immovable concerned shall be registered at the registry office.

1988, c. 84, s. 121; 1999, c. 40, s. 158; 2000, c. 42, s. 179.

DIVISION II

Repealed, 1997, c. 47, s. 4.

1997, c. 47, s. 4.

122. (Repealed).

1988, c. 84, s. 122; 1997, c. 47, s. 4.

123. (Repealed).

1988, c. 84, s. 123; 1990, c. 78, s. 2; 1997, c. 47, s. 4.

123.1. (Repealed).

1990, c. 78, s. 3; 1997, c. 47, s. 4.

124. (Repealed).

1988, c. 84, s. 124; 1997, c. 47, s. 4.

125. (Repealed).

1988, c. 84, s. 125; 1997, c. 47, s. 4.

126. (Repealed).

1988, c. 84, s. 126; 1997, c. 47, s. 4.

127. (Repealed).

1988, c. 84, s. 127; 1989, c. 36, s. 260; 1990, c. 78, s. 54; 1997, c. 47, s. 4.

128. (Repealed).

1988, c. 84, s. 128; 1997, c. 47, s. 4.

129. (Repealed).

1988, c. 84, s. 129; 1990, c. 8, s. 12; 1990, c. 78, s. 4; 1997, c. 47, s. 4.

130. (Repealed).

1988, c. 84, s. 130; 1997, c. 47, s. 4.

131. (Repealed).

1988, c. 84, s. 131; 1997, c. 47, s. 4.

132. (Repealed).

1988, c. 84, s. 132; 1990, c. 78, s. 5; 1997, c. 47, s. 4.

133. (Repealed).

1988, c. 84, s. 133; 1990, c. 78, s. 6; 1997, c. 47, s. 4.

134. (Repealed).

1988, c. 84, s. 134; 1990, c. 78, s. 7; 1997, c. 47, s. 4.

135. (Repealed).

1988, c. 84, s. 135; 1997, c. 47, s. 4.

136. (Repealed).

1988, c. 84, s. 136; 1997, c. 47, s. 4.

137. (Repealed).

1988, c. 84, s. 137; 1997, c. 47, s. 4.

138. (Repealed).

1988, c. 84, s. 138; 1991, c. 27, s. 5; 1997, c. 47, s. 4.

138.1. (Repealed).

1991, c. 27, s. 6; 1997, c. 47, s. 4.

138.2. (Repealed).

1991, c. 27, s. 6; 1997, c. 47, s. 4.

138.3. (Repealed).

1991, c. 27, s. 6; 1997, c. 47, s. 4.

139. (Repealed).

1988, c. 84, s. 139; 1997, c. 47, s. 4.

140. (Repealed).

1988, c. 84, s. 140; 1997, c. 47, s. 4.

141. (Repealed).

1988, c. 84, s. 141; 1997, c. 47, s. 4.

142. (Repealed).

1988, c. 84, s. 142; 1997, c. 47, s. 4.

DIVISION III COUNCIL OF COMMISSIONERS

§ 1 . — Composition

143. Every school board shall be administered by a council of commissioners composed of the following persons:

(1)  the commissioners elected or appointed pursuant to the Act respecting school elections (chapter E-2.3);

(2)  two commissioners representing the parents’ committee, one chosen from among the representatives of schools providing instruction at the elementary level and the other from among the representatives of schools providing instruction at the secondary level, elected pursuant to this Act;

(3)  (paragraph repealed).

1988, c. 84, s. 143; 1997, c. 47, s. 5; 1997, c. 96, s. 17.

144. The director general of the school board shall take part in meetings of the council of commissioners but is not entitled to vote.

1988, c. 84, s. 144.

145. Each year before the third Sunday in November, the chairman of the parents’ committee or, in his absence, the secretary general of the school board shall convene the members of the parents’ committee or of the parents’ central committee, as the case may be, to elect from those among their members who are not members of the personnel of the school board, a commissioner for each of the elementary and secondary levels.

The representative shall be elected by a majority vote of the members present.

The elected representative shall take office on the third Sunday in November following his election. His term of office shall be one year.

Within 35 days from taking office, every elected representative shall swear before the director general, or the person designated by him, to fulfill his duties faithfully and to the best of his judgment and ability.

An entry of the oath shall be made in the Minutes of Proceedings of the school board.

1988, c. 84, s. 145; 1989, c. 36, s. 261; 1997, c. 96, s. 18.

146. (Repealed).

1988, c. 84, s. 146; 1989, c. 36, s. 262; 1990, c. 8, s. 64; 1997, c. 47, s. 6.

147. A commissioner representing the parents’ committee whose child no longer attends a school of the school board may remain on the council of commissioners until the expiry of the commissioner’s term of office.

The office of the commissioner representing the parents’ committee becomes vacant in the same cases as those provided for commissioners elected under the Act respecting school elections (chapter E-2.3).

Such vacancy shall be filled in accordance with the procedure prescribed in section 145, but only for the unexpired portion of the term.

1988, c. 84, s. 147; 1997, c. 96, s. 19; 1997, c. 47, s. 7.

148. Every commissioner representing the parents’ committee shall have the same rights, powers and obligations as those prescribed for the other commissioners.

Notwithstanding the foregoing, the commissioner is not entitled to vote at meetings of the council of commissioners or of the executive committee, or to be appointed chairman or vice-chairman of the school board.

1988, c. 84, s. 148; 1997, c. 47, s. 8.

149. In case of the amalgamation or total annexation of the territories of school boards, the commissioners of such school boards, other than the representatives of the parents’ committee, become members of the council of commissioners of the school board resulting from the amalgamation, or of the annexing school board.

However, the Minister may limit the number of commissioners from each school board; the members shall, in such a case, be designated by their respective councils of commissioners.

They shall remain in office until the date of the next general election of commissioners.

1988, c. 84, s. 149; 1997, c. 96, s. 20; 1997, c. 47, s. 9.

150. Where a school board annexes part of the territory of another school board constituting or including the whole of an electoral division, the commissioner representing the division becomes a member of the council of commissioners of the annexing school board. He shall remain in office until the date of the next general election of commissioners.

1988, c. 84, s. 150.

151. Where a school board annexes part of the territory of another school board which does not constitute or include the whole of an electoral division, the commissioner representing the division shall become a member of the council of commissioners of the school board of which the greatest number of electors of the divided electoral division are resident. He shall remain in office until the date of the next general election of commissioners.

1988, c. 84, s. 151.

152. Where the whole territory of a school board is divided in view of the creation of new school boards, each of the commissioners of the school board whose territory is divided becomes a member of the council of commissioners of the school board into which the whole of his electoral division has been integrated or of the school board of which the greatest number of electors of the division that has not been wholly integrated are resident. He shall remain in office until the date of the next general election of commissioners.

1988, c. 84, s. 152.

153. The secretaries general of the school boards whose territories are amalgamated or totally annexed shall jointly proceed, within 30 days before the change takes effect, to the election of the representative and the chairman of the parents’ committee of the school board resulting from the amalgamation or annexation.

The secretary general of the school board whose territory is divided to allow the establishment of new school boards shall assume the same obligations in respect of each of the school boards resulting from the division.

The election shall take place according to the procedure prescribed in sections 145 and 190, as the case may be. The persons elected shall remain in office until they are replaced by persons elected in accordance with those sections.

1988, c. 84, s. 153; 1997, c. 47, s. 10.

§ 2 . — Operation

154. The director general shall convene the members of the council of commissioners to the first meeting of the council within 15 days after the date of the general election.

1988, c. 84, s. 154.

155. The council of commissioners shall appoint the chairman and the vice-chairman of the school board from among its members.

The term of office of the chairman and the vice-chairman expires at the same time as their term as commissioners, unless they are relieved of their duties by a vote of not less than two-thirds of the members of the council of commissioners who are entitled to vote.

1988, c. 84, s. 155.

156. Until the chairman is appointed, the meetings of the council of commissioners shall be presided over by one of the commissioners designated by the council of commissioners for that purpose.

1988, c. 84, s. 156.

157. Any vacancy in the office of chairman or vice-chairman shall be filled within 30 days.

1988, c. 84, s. 157.

158. Where the chairman is absent or unable to act, the vice-chairman shall exercise his functions and powers. Where the vice-chairman is absent or unable to act, another commissioner designated by the council of commissioners for that purpose shall exercise his functions and powers.

1988, c. 84, s. 158; 1990, c. 78, s. 54; 1997, c. 96, s. 21; 1999, c. 40, s. 158.

159. The chairman shall preside over the sittings of the council of commissioners. He shall maintain order at sittings of the council.

1988, c. 84, s. 159.

160. A majority of the members entitled to vote constitutes a quorum of the council of commissioners.

1988, c. 84, s. 160.

161. The decisions of the council of commissioners are taken by a majority of the votes cast by the members present and entitled to vote.

If votes are equally divided, the chairman has the casting vote.

1988, c. 84, s. 161; 1997, c. 96, s. 22.

162. The council of commissioners must, by by-law, fix the day, time and place of its regular meetings.

The council of commissioners must hold at least four regular meetings every school year.

1988, c. 84, s. 162.

163. The chairman or two commissioners may call a special meeting of the council of commissioners.

The meeting shall be called by a notice sent to each commissioner by the secretary general, at least two days before the meeting is held.

Within the same period, the secretary general shall give a public notice of the date, place and time of the meeting and of the matters to be discussed. However, no publication in a newspaper is required.

1988, c. 84, s. 163.

164. At a special meeting, only the matters mentioned in the notice calling the meeting may be dealt with and decided, unless all the commissioners are present at the special meeting and decide otherwise.

1988, c. 84, s. 164.

165. At the opening of a special meeting, the chairman shall ascertain that the procedure for calling the meeting has been complied with; in case of non-compliance, the meeting shall be closed forthwith on pain of absolute nullity of any decision which may be made thereat.

The mere presence of a commissioner constitutes a waiver of the notice calling the meeting unless he specifically attends the meeting to object to the holding of the meeting.

1988, c. 84, s. 165; 1999, c. 40, s. 158.

166. Any regular or special meeting may be adjourned to another hour of the same day or to a subsequent day, without it being necessary to give notice of the adjournment to the absent members.

1988, c. 84, s. 166.

167. The meetings of the council of commissioners are public; however, the council may order that they be held in camera for the purpose of examining any matter liable to be prejudicial to a person.

1988, c. 84, s. 167.

168. Only a commissioner, the director general of the school board and the persons authorized thereto by the council of commissioners may take part in the deliberations of the council of commissioners.

However, a question period must be provided at each public meeting during which the persons present may put oral questions to the commissioners.

The council of commissioners shall establish the rules relating to the time for question period, its duration and the procedure to be followed for putting questions.

1988, c. 84, s. 168.

168.1. (Repealed).

1997, c. 96, s. 23; 2004, c. 38, s. 1.

169. The council of commissioners may provide that, in the cases and on the conditions determined by by-law, a commissioner may participate in a meeting of the council of commissioners through a means that allows the persons participating in or attending the meeting to communicate directly with each other.

The person presiding over the meeting and the director general must be physically present at the place of the meeting.

A commissioner who participates in a meeting through such a means is deemed to be present at the meeting.

1988, c. 84, s. 169; 2002, c. 63, s. 22; 2004, c. 38, s. 2.

170. The minutes of each meeting of the council of commissioners shall be entered in the register known as the “Minutes of Proceedings”. After having been read and approved at the beginning of the following meeting, they shall be signed by the person presiding over the meeting and countersigned by the secretary general.

The council of commissioners, by resolution, may excuse the secretary general from reading the minutes provided that a copy thereof has been given to each member present at least six hours before the opening of the meeting at which they are approved.

1988, c. 84, s. 170.

171. Whenever a by-law or a resolution of the council of commissioners is amended, replaced or repealed, mention shall be made thereof in the margin of the Book of By-laws or of the Minutes of Proceedings, opposite such by-law or resolution, together with the date of its amendment, replacement or repeal.

1988, c. 84, s. 171.

172. The minutes of each meeting, approved by the council of commissioners and signed by the chairman of the meeting and the secretary general, are authentic. The same applies to documents and copies emanating from the school board or forming part of its records if they have been certified by the chairman of the school board, the secretary general or a person authorized to do so by by-law of the school board.

The information included in the register of the minutes is public.

1988, c. 84, s. 172.

173. The signature of the chairman, director general, secretary general or any person designated by the school board may be affixed by means of a signature stamp or replaced by an engraved, lithographed or printed facsimile.

1988, c. 84, s. 173.

174. The council of commissioners may, by by-law, delegate some of its functions and powers to the director general, an assistant director general, a school principal, the principal of a centre or any other member of the executive staff.

The functions and powers so delegated shall be performed under the direction of the director general.

1988, c. 84, s. 174; 1990, c. 78, s. 54; 1997, c. 96, s. 24.

175. The council of commissioners may determine the remuneration that may be paid to its members for the services they render to the school board.

It may also provide, on such conditions and to such extent as it may determine, for the payment of allowances to members for expenses incurred in the performance of their functions.

The maximum annual amount of remuneration that may be paid to all the members of the council of commissioners of a school board shall be determined by the Government which may also establish the portion of the remuneration that may be paid to them as compensation for part of their expenses.

1988, c. 84, s. 175; 1990, c. 78, s. 54.

175.1. The council of commissioners must, by by-law, establish a code of ethics and professional conduct which is applicable to the commissioners.

The code shall set out the duties and obligations of the commissioners, and may prescribe standards that vary according to the various classes of commissioners or that apply only to certain classes of commissioners. The code must, among other things,

(1)  include preventive measures, in particular rules for the disclosure of interests;

(2)  deal with the identification of situations of conflict of interest;

(3)  regulate or prohibit practices relating to remuneration;

(4)  specify the duties and obligations of commissioners even after they leave office;

(5)  include enforcement mechanisms, in particular the designation of the persons charged with the enforcement of the code and provide for penalties.

The school board must ensure public access to the code, and publish it in its annual report.

The annual report shall, in addition, state the number of cases dealt with and the follow-up thereon and set out any breaches determined during the year by the disciplinary authorities, the determination thereof, any penalties imposed by the competent authorities and the names of any commissioners revoked or suspended during the year.

1997, c. 6, s. 2.

175.2. Persons or authorities charged with examining or inquiring into alleged or actual conduct that may be contrary to standards of ethics or professional conduct, or charged with determining or imposing appropriate penalties, may not be prosecuted by reason of acts performed in good faith in the performance of their duties.

1997, c. 6, s. 2.

175.3. Any person who derives a benefit as a result of a failure to comply with any standard of ethics or professional conduct established under section 175.1 is liable to the State for the value of the benefit derived.

1997, c. 6, s. 2.

175.4. Any member of the council of commissioners who has a direct or indirect interest in any enterprise which places the member’s personal interest in conflict with the interest of the school board must, on pain of forfeiture of office, disclose the interest in writing to the director general of the school board, abstain from voting on any matter concerning the enterprise and avoid influencing the decision relating to it. The member must, in addition, withdraw from a sitting while the matter is discussed or voted on.

A disclosure under the first paragraph must be made at the first sitting of the council

(1)  after a person having such an interest becomes a member of the council;

(2)  after a member of the council acquires such an interest;

(3)  during which the matter is dealt with.

Forfeiture of office incurred under this section shall subsist for five years after the date on which the judgment in which the forfeiture is declared acquires the authority of res judicata.

1997, c. 96, s. 25.

176. Sections 306 to 312 of the Act respecting elections and referendums in municipalities (chapter E-2.2) apply to members of the council of commissioners in the same manner as they apply to the members of the council of a municipality. For the purposes of those sections, the council of commissioners is deemed to be a municipal council and the school board is deemed to be a municipality.

1988, c. 84, s. 176; 1997, c. 96, s. 26.

177. No member of the council of commissioners may be prosecuted for an act performed in good faith in the discharge of his functions.

1988, c. 84, s. 177; 1990, c. 78, s. 54.

177.1. The members of the council of commissioners must act within the scope of the functions and powers conferred on them, and exercise the care, prudence and diligence that a reasonable person would exercise in similar circumstances; they must also act with honesty and loyalty and in the interest of the school board and the population served by the school board.

1997, c. 96, s. 27.

177.2. The school board shall assume the defence of any member of the council of commissioners who is prosecuted by a third person for an act done in the exercise of council functions.

In the case of penal or criminal proceedings, the school board may require a member who has been prosecuted to repay the defence expenses, except if the member had reasonable grounds to believe that the act was in conformity with the law, if the proceedings were withdrawn or dismissed or if the member was discharged or acquitted.

As well, the school board may require repayment of the defence expenses by the member if the member was found liable for damage caused by an act done in bad faith in the exercise of council functions.

1997, c. 96, s. 27.

178. The school board may take out liability insurance for the benefit of its employees.

Members of the council of commissioners, of a governing board or of any committee of the school board may, while they remain in office, and on the same conditions as those applicable to the employees of the school board, be a party to the liability insurance taken out by the school board under this section.

1988, c. 84, s. 178; 1997, c. 96, s. 28.

DIVISION IV SCHOOL BOARD COMMITTEES

179. The council of commissioners shall establish an executive committee composed of from five to seven of its members entitled to vote, including the chairman of the school board, and of any commissioner representing the parents’ committee.

The council of commissioners shall determine the term of office of the members of the executive committee.

The seat of a member of the executive committee who is entitled to vote becomes vacant in the same cases as those provided for commissioners elected under the Act respecting school elections (chapter E-2.3). The vacancy is then filled following the procedure provided for the designation of a commissioner, but only for the unexpired portion of the term.

1988, c. 84, s. 179; 1990, c. 8, s. 13; 1997, c. 96, s. 29; 1997, c. 47, s. 11.

180. The director general of the school board takes part in the sittings of the executive committee but is not entitled to vote.

Commissioners who are not members of the executive committee are entitled to attend its sittings, but are not entitled to vote or to take part in the proceedings of the committee.

1988, c. 84, s. 180; 1990, c. 8, s. 14.

181. The executive committee shall exercise the functions and powers delegated to it by by-law of the council of commissioners.

1988, c. 84, s. 181; 1990, c. 78, s. 54.

182. Sections 154 to 166, 169, 170, 171, 172, 173, 175.4 to 177.2, adapted as required, apply to the executive committee.

1988, c. 84, s. 182; 1997, c. 96, s. 30.

183. For the purposes of sections 96.25 and 110.13, every school board shall establish, under the direction of the director general, an advisory committee on management composed of the school principals, the principals of vocational training centres, the principals of adult education centres and of members of the executive staff of the school board.

The principals shall constitute the majority of the members of the committee.

1988, c. 84, s. 183; 1989, c. 36, s. 275; 1997, c. 96, s. 31.

184. Every school board that divides its territory into administrative regions may, for the same purposes, replace the advisory committee on management by an advisory committee for each region and a central advisory committee composed of delegates from the regional committees and of members of the executive staff of the school board.

The school board shall determine, after consultation with the school principals and the principals of centres, the composition, mode of operation and the distribution of functions of each committee.

The school principals shall constitute the majority of the members of each regional committee and of the central committee.

1988, c. 84, s. 184; 1990, c. 78, s. 54; 1997, c. 96, s. 32.

185. Every school board shall establish an advisory committee on services for handicapped students and students with social maladjustments or learning disabilities.

The committee shall be composed of

(1)  parents of the students concerned, designated by the parents’ committee;

(2)  representatives of the teachers, of the members of the non-teaching professional staff and of the members of the support staff, designated by the associations which represent them in their dealings with the school board and elected from among the persons who provide services to the students concerned;

(3)  representatives of bodies which provide services to handicapped students or to students with social maladjustments or learning disabilities, designated by the council of commissioners after consulting with those bodies;

(4)  a school principal designated by the director general.

The director general or his representative shall take part in the sittings of the committee but he is not entitled to vote.

1988, c. 84, s. 185; 1990, c. 8, s. 16.

186. The council of commissioners shall determine the number of representatives from each group.

The representatives of the parents shall constitute the majority of the members of the committee.

1988, c. 84, s. 186.

187. The functions of the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities are

(1)  to advise the school board on a policy for the organization of educational services to handicapped students and students with social maladjustments or learning disabilities;

(2)  to advise the school board on the allocation of financial resources to the services intended for those students.

The committee may also advise the school board on the implementation of an individualized education plan for a handicapped student or a student with social maladjustments or learning disabilities.

1988, c. 84, s. 187; 1990, c. 78, s. 37, s. 54; 1997, c. 96, s. 33.

188. Every school board which provides student transportation shall establish an advisory committee on transportation the composition, operation and functions of which shall meet the norms established by government regulation.

1988, c. 84, s. 188; 1990, c. 78, s. 54.

189. A parents’ committee composed of the following persons shall be established for each school board:

(1)  one representative from each school, elected by the meeting of parents pursuant to the second paragraph of section 47;

(2)  one representative of the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities, designated by and from among the parents who are members of that committee.

A representative from a school whose child no longer attends the school may remain on the parents’ committee.

The parents who are members of the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities may designate a second representative as a substitute to attend and vote at meetings of the parents’ committee when their representative is unable to do so.

1988, c. 84, s. 189; 1989, c. 36, s. 263; 1997, c. 47, s. 12; 1997, c. 96, s. 34.

190. Each year, before 31 October, the chairman of the parents’ committee or, in his absence, the secretary general of the school board shall call a meeting of the parents’ committee to elect the chairman of the parents’ committee.

1988, c. 84, s. 190.

191. Every school board that divides its territory into administrative regions may, for the same purposes, replace the parents’ committee by a regional parents’ committee for each region and a central parents’ committee composed of delegates from the regional parents’ committees and a representative of the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities, designated by and from among the parents who are members of that committee.

Section 190 applies to the election of the chairman of the central parents’ committee and the chairman of each regional parents’ committee.

The school board, after consulting with the members of the regional parents’ committees, shall determine the allocation of functions and the mode of operation and financing of the regional and central committees.

1988, c. 84, s. 191; 1989, c. 36, s. 264; 1990, c. 78, s. 54; 1997, c. 47, s. 13; 1997, c. 96, s. 35.

192. The functions of the parents’ committee are

(1)  to promote parents’ participation in the activities of the school board and, for such purpose, to designate parents who shall take part in the various committees established by the school board;

(2)  to give advice on any matter conducive to the most efficient operation possible of the school board;

(3)  to inform the school board of the needs of parents as identified by the school representatives and by the representative of the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities;

(4)  to give its opinion to the school board on any matter the latter is required to submit to it.

1988, c. 84, s. 192; 1990, c. 78, s. 54; 1997, c. 96, s. 36.

193. The parents’ committee shall be consulted on the following matters:

(1)  the division, annexation or amalgamation of the territory of the school board;

(1.1)  the school board’s strategic plan and any updated version of the strategic plan;

(2)  the three-year plan of allocation and destination of the immovables of the school board, the list of schools and the deeds of establishment;

(3)  the policy in respect of the continued operation or closing of schools;

(4)  (paragraph repealed);

(5)  the distribution of educational services among the schools;

(6)  the criteria referred to in section 239 for the enrollment of students in schools;

(6.1)  the dedication of a school to a special project pursuant to section 240 and the criteria for the enrollment of students in that school;

(7)  the school calendar;

(8)  the rules governing promotion from elementary school to secondary school or from the first cycle to the second cycle of the secondary level;

(9)  the objectives and principles governing the allocation of subsidies, school tax proceeds and other revenues among educational institutions as well as the criteria pertaining thereto, and the objectives, principles and criteria used to determine the amount to be withheld by the school board for its needs and those of its committees;

(10)  the learning activities established by the school board and intended for parents.

1988, c. 84, s. 193; 1990, c. 8, s. 17; 1990, c. 78, s. 54; 1997, c. 47, s. 14; 1997, c. 96, s. 37; 2002, c. 63, s. 23.

194. The committees may hold their meetings on the premises of the school board.

The committees may also use, free of charge the administrative support services and the facilities of the school board in accordance with the terms and conditions established by the director general.

1988, c. 84, s. 194; 1997, c. 96, s. 38.

195. The committees shall establish their rules of internal procedure. The rules shall provide for at least three sittings every school year.

A member may take part in and vote at a meeting of the committee by any means allowing all the participants to communicate with each other.

1988, c. 84, s. 195; 1997, c. 96, s. 39.

196. No committee member may be prosecuted for an act performed in good faith in the discharge of his functions.

Sections 177, 177.1 and 177.2, adapted as required, apply to members of the parents’ committee and to members of the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities.

1988, c. 84, s. 196; 1990, c. 78, s. 54; 1997, c. 96, s. 40.

197. The parents’ committee and the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities shall adopt their annual operating budget, see to its administration and give an account thereof to the school board.

The budget shall maintain a balance between the expenditures of each committee on the one hand and the financial resources allocated to each committee by the school board and each committee’s own other revenues, on the other.

1988, c. 84, s. 197.

DIVISION V DIRECTOR GENERAL

198. Every school board shall appoint a director general and an assistant director general. In the cases prescribed by regulation of the Minister under section 451, the board may appoint more than one assistant director general.

1988, c. 84, s. 198; 1990, c. 8, s. 18; 1997, c. 96, s. 41; 1997, c. 47, s. 15.

199. In no case may the director general or the assistant director general be a member of the governing board of a school or a centre under the authority of the school board.

1988, c. 84, s. 199; 1997, c. 96, s. 42.

200. The suspension or dismissal of the director general and the director general’s removal from office requires the vote of at least two-thirds of the voting members of the council of commissioners.

1988, c. 84, s. 200; 1989, c. 36, s. 265, s. 276; 1990, c. 8, s. 19; 1997, c. 96, s. 43.

201. The director general shall assist the council of commissioners and the executive committee in the exercise of their functions and powers.

He is responsible for the day-to-day management of the activities and resources of the school board. He shall see that the decisions of the council of commissioners and of the executive committee are carried out and shall perform the duties that they assign to him.

1988, c. 84, s. 201; 1990, c. 78, s. 54; 1997, c. 96, s. 44.

201.1. The director general shall, on pain of forfeiture of office, exercise the functions of that office exclusively.

The director general may, however, hold an office or position or provide a service if no compensation or direct or indirect benefit is granted to the director general therefor.

Moreover, the director general may, with the authorization of the council of commissioners, hold an office or position or provide a service for which compensation or any direct or indirect benefit is granted.

1997, c. 96, s. 45.

201.2. The director general may not, on pain of forfeiture of office, have a direct or indirect interest in any enterprise which places the director general’s personal interest in conflict with the interest of the school board.

However, forfeiture of office is not incurred if the interest is acquired by succession or gift, provided the director general renounces or disposes of it promptly.

1997, c. 96, s. 45.

202. The director general shall render account of his management to the council of commissioners or the executive committee, as the case may be.

1988, c. 84, s. 202.

203. An assistant director general shall assist the director general in the exercise of his functions and powers.

An assistant director general shall perform his functions under the authority of the director general.

The assistant director general, or the particular assistant director general designated by the school board, shall exercise the functions and powers of the director general if he is absent or unable to act. If the assistant director general is absent or unable to act, the person designated for that purpose by the school board shall exercise the functions and powers of the director general.

1988, c. 84, s. 203; 1990, c. 8, s. 20; 1990, c. 78, s. 54; 1997, c. 96, s. 46.

DIVISION VI FUNCTIONS AND POWERS OF THE SCHOOL BOARD

§ 1 . — Preliminary provisions

204. For the purposes of this division relating to the educational services referred to in section 1, the persons who reside in the territory of a school board or who are committed or placed under custody therein pursuant to the Youth Protection Act (chapter P-34.1), the Act respecting health services and social services (chapter S-4.2), except persons to whom Part IV.1 of that Act applies, or the Young Offenders Act (Revised Statutes of Canada, 1985, chapter Y-1) come under the jurisdiction of the school board.

For the purposes of the provisions of this division relating to vocational training or adult education, any person entitled and wishing to be enrolled in vocational training or adult education, whether or not resident in the territory of the school board, comes under the jurisdiction of a school board.

1988, c. 84, s. 204; 1990, c. 78, s. 54; 1992, c. 21, s. 175; 1994, c. 23, s. 17; 1997, c. 96, s. 47.

205. Only those persons who, according to law, are entitled to receive instruction in the English language and who elect to come under the jurisdiction of an English language school board come under the jurisdiction of that school board.

1988, c. 84, s. 205.

206. (Repealed).

1988, c. 84, s. 206; 1997, c. 47, s. 16.

207. The election to come under the jurisdiction of an English language school board is made upon an application for admission to the educational services of the school board.

An election made under the first paragraph remains in force until the person makes a new election.

1988, c. 84, s. 207; 1997, c. 47, s. 17.

§ 2 . — General functions

208. Every school board shall ensure that the persons who come under its jurisdiction are provided the educational services to which they are entitled under this Act.

The Minister may, in exceptional circumstances, relieve any school board in whole or in part from that function in respect of persons committed or placed under custody in its territory.

1988, c. 84, s. 208.

209. In order to carry out that function, the school board shall, in particular,

(1)  admit persons who come under its jurisdiction to educational services;

(2)  organize educational services or, if the school board can establish that its resources are insufficient or if the school board agrees to grant the request of parents, entrust the organization of educational services to another school board, a body or a person with which or whom it has entered into an agreement pursuant to any of sections 213 to 215.1, while making sure the services are provided as near the students’ place of residence as possible;

(3)  if it does not arrange certain vocational education programs or adult education services for which it receives no subsidies following a decision of the Minister pursuant to section 466 or 467, refer persons to a school board which provides such services.

In addition, a school board shall provide educational services to persons who come under the jurisdiction of another school board, to the extent indicated in a decision of the Minister pursuant to section 468.

1988, c. 84, s. 209; 1990, c. 8, s. 21; 1990, c. 78, s. 38; 1997, c. 96, s. 48.

209.1. For the exercise of its functions and powers, every school board shall adopt a strategic plan covering a period of several years stating

(1)  the context in which it acts, particularly the needs of its schools and centres, and the characteristics and expectations of the community it serves;

(2)  the main challenges it faces, including success issues, in line with the national indicators established by the Minister pursuant to section 459.1;

(3)  strategic directions and objectives in line with the directions and objectives of the strategic plan established by the Ministère de l’Éducation, du Loisir et du Sport;

(4)  the lines of intervention selected for the achievement of the objectives;

(5)  the results targeted over the period covered by the plan; and

(6)  methods for assessing the achievement of objectives.

The school board’s strategic plan shall be reviewed at intervals determined by the school board and updated, if necessary.

Every school board shall send a copy of its strategic plan and, where applicable, its updated plan to the Minister and shall make them public.

2002, c. 63, s. 24; 2005, c. 28, s. 195.

210. A French language school board shall provide educational services in French; an English language school board shall provide educational services in English.

However, vocational training and adult education services shall be provided in French or in English according to law; the same applies in respect of educational services provided to persons coming under the jurisdiction of a school board of another category pursuant to section 213 or 468.

Nothing in this section shall prevent the teaching of a second language in that language.

1988, c. 84, s. 210; 1997, c. 47, s. 19; 1997, c. 96, s. 49.

211. Each year, after consulting any municipality or metropolitan community whose territory is situated entirely or partially within its own, the school board shall establish a three-year plan for the allocation and destination of its immovables. The school board shall transmit the plan to every municipality or metropolitan community consulted.

The school board shall then draw up, in accordance with the plan, a list of its schools, and of its vocational training and adult education centres, if any, and shall issue a deed of establishment to them.

Where two or more educational institutions are established in the same premises or immovables, the school board shall determine the allocation of the premises or immovables, or the allocation of the use of such premises or immovables among such educational institutions.

In the case described in the third paragraph, the school board may, at the request of the governing boards concerned, establish a coordinating committee composed of representatives of the governing boards and determine the distribution of powers and functions between the governing boards and the coordinating committee, as well as the administrative and operating rules applicable to the coordinating committee.

The school board may also appoint a single principal for all the institutions and one or more vice principals for each institution. In such a case, the school board, after consulting with the governing boards concerned, shall determine the distribution of powers and functions between the principal and the vice principals.

1988, c. 84, s. 211; 1990, c. 8, s. 22; 1997, c. 96, s. 50; 2000, c. 56, s. 159; 2002, c. 68, s. 52; 2003, c. 19, s. 203.

212. After consulting the parents’ committee and subject to the guidelines, if any, established by the Minister, the school board shall adopt a policy concerning the maintenance or closure of schools.

1988, c. 84, s. 212; 1997, c. 96, s. 51.

Section 212 of this Act, as replaced by section 100 of chapter 51 of the statutes of 2006, applies from the school year 2008-2009 (2006, c. 51, s. 105).

Section 212 will then read as follows:

“212. Subject to any policy directions the Minister may establish and after holding a public consultation and consulting the parents’ committee, the school board shall adopt a policy on

(1) the continued operation or closure of schools; and

(2) changes to the level of instruction provided by a school, or to cycles or parts of cycles of the level of instruction, and on the cessation of preschool education services provided by a school.

The policy must include a public consultation process, to take place prior to any change, that must provide for

(1) the consultation timetable;

(2) the manner in which the public, and more particularly the parents and the students of full age concerned, are to be informed, including the place where relevant information on the project, particularly its budgetary and educational impact, may be consulted by any person interested, and the place where additional information may be obtained;

(3) at least one public consultation meeting and the related procedure; and

(4) the presence at the consultation meetings of the chairman of the school board and the commissioner of the electoral division concerned.

The policy must also specify that the public consultation process must start with a public notice of the consultation meeting, to be issued

(1) not later than 1 July of the year preceding the year during which the school would be closed; or

(2) not later than 1 April of the year preceding the year during which a change under subparagraph 2 of the first paragraph would be made.”

213. A school board may enter into an agreement, for the provision of instructional services at the preschool, elementary or secondary level, with another school board or an educational institution governed by the Act respecting private education (chapter E-9.1), or an educational body in Canada which provides educational services equivalent to those referred to in this Act.

A school board may enter into an agreement with another school board, a body or a person for the provision of student services and special educational services, literacy services or popular education services or for any purposes other than the provision of services referred to in the first paragraph.

Before entering into such an agreement, the school board shall consult every student of full age and the parents of every student likely to be concerned by such an agreement. In the case of a handicapped student or a student with a social maladjustment or a learning disability, the school board shall consult the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities.

A school board may, pursuant to an agreement under this section, provide services to persons who do not come under its jurisdiction; it may also organize on-the-job training and apprenticeship programs.

1988, c. 84, s. 213; 1990, c. 8, s. 23; 1990, c. 78, s. 54; 1992, c. 68, s. 144, s. 156; 1997, c. 96, s. 52; 1997, c. 47, s. 20; 1997, c. 96, s. 52.

214. A school board may, according to law, enter into an agreement with a foreign government or one of its departments, an international organization, or an agency of such government or organization.

In addition, with the authorization of the Government and subject to the conditions determined thereby, a school board may enter into an agreement with a department or agency of the Gouvernement du Québec, of the Government of Canada or of the government of any other province of Canada.

However, it cannot enter into an agreement concerning the provision of educational services to which students who come under the jurisdiction of the school board are entitled under the basic regulations except where the Minister judges that the services offered are equivalent to those provided for by such regulations.

Under the terms of an agreement entered into pursuant to this section, a school board may provide services to persons who do not come under its jurisdiction.

1988, c. 84, s. 214; 1990, c. 8, s. 24; 1990, c. 78, s. 54; 1997, c. 96, s. 164.

215. A school board may, with the authorization of the Minister and subject to the conditions he determines, enter into an agreement of association with an educational institution governed by the Act respecting private education (chapter E-9.1).

An institution having entered into an agreement of association with a school board pursuant to the first paragraph is entitled, notwithstanding the Act respecting private education, to such benefits granted to public schools under this Act as the Minister may determine.

1988, c. 84, s. 215; 1992, c. 68, s. 145, s. 156.

215.1. A school board may, with the authorization of and subject to the conditions determined by the Minister, enter into a contract of association with a general and vocational college.

A general and vocational college that enters into a contract of association with a school board in accordance with the first paragraph may provide educational services provided for by this Act and prescribed by the basic regulations established by the Government under sections 447 and 448; the college is entitled to such benefits granted by this Act to schools, vocational training centres or adult education centres as are determined by the Minister.

Likewise, a school board that enters into a contract of association with a general and vocational college may provide college studies programs established by the Minister under the General and Vocational Colleges Act (chapter C-29); the school board is entitled to such benefits granted by the General and Vocational Colleges Act to general and vocational colleges as are determined by the Minister.

1997, c. 96, s. 53.

216. Every school board shall, in accordance with the budgetary rules established by the Minister of Education, Recreation and Sports, require a financial contribution in respect of a student who is not resident in Québec within the meaning of the regulation of the Government.

It may, subject to the maximum amount determined according to the budgetary rules, require a financial contribution in respect of a Québec resident enrolled in vocational training or adult education for services that are not free services under section 3.

1988, c. 84, s. 216; 1990, c. 78, s. 39, s. 54; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 96, s. 54; 2005, c. 28, s. 195.

217. Every school board shall consult the governing boards and the school board committees on those matters on which they must be consulted.

1988, c. 84, s. 217; 1997, c. 96, s. 55.

218. Every school board shall facilitate the implementation, by means of the success plan, of the educational project of each school and of the aims and objectives of each centre.

1988, c. 84, s. 218; 1990, c. 8, s. 25; 1990, c. 78, s. 54; 1997, c. 47, s. 21; 1997, c. 96, s. 56; 2000, c. 24, s. 25; 2002, c. 63, s. 25.

218.1. The school board may require from its educational institutions any information or document it considers necessary for the exercise of its functions and powers, on the date and in the form it specifies.

1997, c. 96, s. 57.

218.2. If a school, a vocational training centre or an adult education centre fails or refuses to comply with this Act or with a regulation of the Government, the Minister or the school board, the school board shall give the institution formal notice to comply therewith; failing that, the school board shall take appropriate action to ensure compliance with this Act and the regulations, such as substituting its decisions for the decisions of the institution.

1997, c. 96, s. 57.

219. Every school board shall prepare and transmit to the Minister the documents and information he requests for the exercise of his functions and powers at such time and in such form as he prescribes.

1988, c. 84, s. 219; 1990, c. 28, s. 1; 1990, c. 78, s. 54; 1990, c. 78, s. 8; 1991, c. 27, s. 7.

220. Every school board shall inform the population in its territory of the educational and cultural services provided by the school board and report on the level of quality of such services.

Every school board shall prepare an annual report giving the population in the territory an account of the implementation of its strategic plan.

The report shall also give an account to the Minister of the results obtained with regard to the directions and objectives of the strategic plan established by the Ministère de l’Éducation, du Loisir et du Sport.

A copy of the report shall be sent to the Minister.

1988, c. 84, s. 220; 1997, c. 96, s. 58; 2002, c. 63, s. 26; 2005, c. 28, s. 195.

§ 3 . — Functions and powers relating to educational services provided in schools

221. This subdivision does not apply to vocational training or adult education services.

A reference to the basic school regulation is a reference to the basic school regulation established by the Government under section 447.

1988, c. 84, s. 221; 1990, c. 78, s. 54; 1997, c. 96, s. 59.

221.1. The school board shall ensure, without encroaching upon the functions and powers conferred on schools, that each school has adopted an educational project to be implemented by means of a success plan.

2002, c. 63, s. 27.

222. Every school board shall ensure that the basic school regulation established by the Government is implemented in accordance with the gradual implementation procedure established by the Minister under section 459.

For humanitarian reasons or to avoid serious harm to a student, the school board may, following a request, with reasons, made by the parents of the student, by the student, if of full age, or by the school principal, exempt the student from the application of a provision of the basic school regulation. In the case of an exemption from the rules governing certification of studies referred to in section 460, the school board must apply therefor to the Minister.

The school board may also, subject to the rules governing certification of studies prescribed by the basic school regulation, permit a departure from a provision of the basic school regulation so that a special school project applicable to a group of students may be carried out. However, a departure from the list of subjects may only be permitted in the cases and on the conditions determined by a regulation of the Minister made under section 457.2 or with the authorization of the Minister given in accordance with section 459.

1988, c. 84, s. 222; 1990, c. 78, s. 54; 1997, c. 96, s. 60; 2004, c. 38, s. 3.

222.1. Every school board shall ensure that the programs of studies established by the Minister under section 461 are implemented.

However, a school board may, at the request of a school principal, after consulting with the student’s parents and subject to the rules governing certification of studies prescribed by the basic school regulation, exempt a student who needs special support services in the language of instruction, second language or mathematics program from a subject prescribed by the basic school regulation; no exemption may be granted, however, in respect of those programs.

As well, a school board may, with the authorization of and subject to the conditions determined by the Minister, allow a school to replace a program of studies established by the Minister by a local program of studies designed for a student or a category of students who are unable to benefit from the programs of studies established by the Minister. Every such local program of studies must be submitted by the school board to the Minister for approval.

A school board may in addition, with the authorization of the Minister and subject to the conditions determined by the Minister, allow a school to replace, for students in the first cycle of the secondary level, the programs of Catholic or Protestant moral and religious instruction established by the Minister, by a local program of studies in oecumenism or a local program of studies in ethics and religious culture.

Every local program of studies in oecumenism must be approved by the Minister after the confessional aspects of the program have been approved by the Religious Affairs Committee. Every program of local studies in ethics and religious culture must be submitted to the Minister for approval after the Minister obtains the opinion of the committee on the religious aspects of the program.

1997, c. 96, s. 61; 2000, c. 24, s. 26.

223. A school board may, with the authorization of and subject to the conditions determined by the Minister, develop and offer, in addition to the vocational education programs that it is authorized to organize, programs of studies leading to an occupation or a profession and award an attestation of qualification for such programs.

The basic school regulation does not apply to a program of studies referred to in the first paragraph.

1988, c. 84, s. 223; 1990, c. 78, s. 54; 1997, c. 96, s. 62.

224. Every school board shall establish a program for each student service and special educational service contemplated in the basic school regulation except in matters coming under the jurisdiction of a minister other than the Minister of Education, Recreation and Sports.

It may enter into an agreement with any person or body with regard to the contents of the programs in those matters which do not come under the jurisdiction of the Minister of Education, Recreation and Sports.

The programs must be in conformity with the basic school regulation.

1988, c. 84, s. 224; 1990, c. 78, s. 54; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 96, s. 63; 2005, c. 28, s. 195.

225. Every school board shall ensure that schools provide the instruction chosen, pursuant to section 5, by the student or his parents.

1988, c. 84, s. 225; 1997, c. 96, s. 64; 2000, c. 24, s. 27.

226. Every school board shall ensure that schools offer to all students student services for spiritual care and guidance and community involvement.

1988, c. 84, s. 226; 1997, c. 96, s. 65; 2000, c. 24, s. 28.

227. (Repealed).

1988, c. 84, s. 227; 1997, c. 96, s. 66; 2000, c. 24, s. 29.

228. (Repealed).

1988, c. 84, s. 228; 1990, c. 78, s. 54; 1997, c. 47, s. 52; 1997, c. 96, s. 67; 2000, c. 24, s. 30.

229. (Repealed).

1988, c. 84, s. 229; 1990, c. 78, s. 54; 1997, c. 96, s. 68.

230. Every school board shall ensure that only the textbooks, instructional material or class of instructional material approved by the Minister are used by schools for the teaching of any program of studies established by the Minister.

It shall also ensure that schools, in accordance with section 7, place at the disposal of the students, free of charge, the textbooks and instructional material used for the teaching of the programs of studies, and ensure that students have access, free of charge, to reference and reading material.

1988, c. 84, s. 230; 1990, c. 78, s. 54; 1997, c. 96, s. 69; 2000, c. 24, s. 31.

231. Every school board shall ensure that each school evaluates student achievement and administers the examinations imposed by the Minister.

A school board may impose internal examinations in the subjects it determines at the end of each cycle of the elementary level and at the end of the first cycle of the secondary level.

1988, c. 84, s. 231; 1990, c. 8, s. 26; 1990, c. 78, s. 54; 1997, c. 96, s. 70.

232. Every school board shall recognize, in accordance with the criteria or conditions established by the Minister, the learning acquired by a student otherwise than as prescribed in the basic school regulation.

1988, c. 84, s. 232; 1990, c. 78, s. 54.

233. After consulting with the parents’ committee, every school board shall establish rules governing promotion from elementary school to secondary school and from the first cycle to the second cycle of the secondary level, subject to the rules prescribed by the basic school regulation.

1988, c. 84, s. 233; 1990, c. 78, s. 54; 1997, c. 47, s. 22; 1997, c. 96, s. 71.

234. Every school board shall, subject to sections 222 and 222.1, adapt the educational services provided to a handicapped student or a student with a social maladjustment or a learning disability according to the student’s needs and in keeping with the student’s abilities as evaluated by the school board according to the procedures prescribed under subparagraph 1 of the second paragraph of section 235.

1988, c. 84, s. 234; 1997, c. 96, s. 72.

235. Every school board shall adopt, after consultation with the advisory committee on services for handicapped students and students with social maladjustments or learning disabilities, a policy concerning the organization of educational services for such students to ensure the harmonious integration of each such student into a regular class or group and into school activities if it has been established on the basis of the evaluation of the student’s abilities and needs that such integration would facilitate the student’s learning and social integration and would not impose an excessive constraint or significantly undermine the rights of the other students.

The policy shall include

(1)  procedures for evaluating handicapped students and students with social maladjustments or learning disabilities; such procedures shall provide for the participation of the parents of the students and of the students themselves, unless they are unable to do so;

(2)  methods for integrating those students into regular classes or groups and into regular school activities as well as the support services required for their integration and, if need be, the weighting required to determine the maximum number of students per class or group;

(3)  terms and conditions for grouping those students in specialized schools, classes or groups;

(4)  methods for preparing and evaluating the individualized education plans intended for such students.

Specialized schools referred to in subparagraph 3 of the second paragraph are not schools established under section 240.

1988, c. 84, s. 235; 1990, c. 78, s. 40; 1997, c. 96, s. 73.

236. Every school board shall determine the educational services to be provided by each of its schools.

1988, c. 84, s. 236.

237. (Repealed).

1988, c. 84, s. 237; 1990, c. 78, s. 54; 1997, c. 96, s. 74.

238. Every school board shall establish the school calendar of its schools, taking into account the provisions of the basic school regulation.

1988, c. 84, s. 238; 1990, c. 78, s. 54.

239. Each year, every school board shall enroll students in its schools in keeping with the choice of each student’s parents or the choice of the student, if of full age. However, if the number of applications for enrollment in a school exceeds the capacity of the school, enrollment shall be effected according to the criteria established by the school board after consultation with the parents’ committee.

The enrollment criteria must give priority to students coming under the jurisdiction of the school board and, as far as possible, to students whose place of residence is nearest to the school premises. They must be adopted, put into force and sent to each governing board at least 15 days before the beginning of the student enrollment period.

The conditions or criteria for participation in a special project may not serve as criteria for enrollment in a school; nor may they operate to exclude a student from the school of the student’s choice if the student has a right to enroll in that school pursuant to the criteria referred to in the first paragraph.

1988, c. 84, s. 239; 1997, c. 96, s. 75.

240. By way of exception, at the request of a group of parents and after consulting with the parents’ committee, a school board may, with the Minister’s approval, establish a school for the purposes of a specific project other than a religious project, subject to the conditions and for the period determined by the Minister.

The school board may determine the criteria for the enrollment of the students in that school.

1988, c. 84, s. 240; 1997, c. 96, s. 76; 2000, c. 24, s. 32.

241. At the time of registration, every school board shall ensure that the student or his parents make the choice provided for in section 5.

In case of refusal or failure to make the choice, the student shall receive the instruction chosen in the preceding year, within the scope of the programs offered, or, where no choice was made, moral instruction.

1988, c. 84, s. 241; 2000, c. 24, s. 33.

241.1. For humanitarian reasons or to avoid a serious prejudice to a child who has not attained the age of admission, the school board may, following a request giving reasons therefor made by the parents, in cases determined by regulation of the Minister,

(1)  admit the child to preschool education for the school year in which he attains 5 years of age, or admit him to elementary school education for the school year in which he attains 6 years of age;

(2)  admit to elementary school education a child admitted to preschool education who has attained 5 years of age.

In the event of refusal by the school board, the Minister may, at the request of the parents and if he considers it expedient on the grounds mentioned in the first paragraph, order the school board to admit the child, in the cases and subject to the conditions prescribed in the first paragraph.

1992, c. 23, s. 1.

241.2. (Repealed).

1992, c. 23, s. 1; 1997, c. 96, s. 77.

241.3. (Repealed).

1992, c. 23, s. 1; 1997, c. 96, s. 77.

241.4. The school board shall, each year and not later than 31 March, send to the Minister a report on the number of students admitted under each of sections 96.17, 96.18 and 241.1.

1992, c. 23, s. 1; 1997, c. 96, s. 78.

242. A school board may, at the request of the principal and for just and sufficient cause, and after giving the student and his parents an opportunity to be heard, enrol him in another school or expel him from its schools; in the latter case, it shall inform the director of youth protection.

1988, c. 84, s. 242.

243. Every school board shall take part in any periodical evaluation by the Minister of the basic school regulation, the programs of studies, the textbooks and instructional material required for the teaching of the programs of studies established by the Minister and the operation of the school system.

1988, c. 84, s. 243; 1990, c. 78, s. 54.

244. The functions and powers provided for in sections 222 to 224, in the second paragraph of section 231 and in sections 233 to 240 and 243 are exercised after consultation with the teachers.

The consultation procedure is the procedure set out in a collective agreement or, failing that, the procedure established by the school board.

1988, c. 84, s. 244; 1997, c. 96, s. 79.

§ 4 . — Functions and powers relating to educational services provided in vocational training centres and adult education centres

1997, c. 96, s. 80.

245. This subdivision applies only to vocational training and adult education services.

A reference to the basic regulation is a reference to a basic regulation established by the Government under section 448.

1988, c. 84, s. 245; 1990, c. 78, s. 54; 1997, c. 96, s. 81.

245.1. The school board shall ensure, without encroaching upon the functions and powers conferred on centres, that each centre has adopted policies and objectives to be implemented by means of a success plan.

2002, c. 63, s. 28.

246. Every school board shall see to the implementation of the basic regulations established by the Government in accordance with the gradual implementation approach prescribed by the Minister under section 459 and of the programs of studies established by the Minister under section 461.

For humanitarian reasons or to avoid serious harm to a student, the school board may, following a request, with reasons, made by the parents of the student, by the student, if of full age, or by the principal of the centre, exempt the student from the application of a provision of the basic regulation. In the case of an exemption from the rules governing certification of studies referred to in section 460, the school board must apply therefor to the Minister.

1988, c. 84, s. 246; 1990, c. 8, s. 27; 1990, c. 78, s. 54; 1997, c. 96, s. 82.

246.1. A school board may, with the authorization of and subject to the conditions determined by the Minister, develop and offer, in addition to the vocational education programs that it is authorized to organize, programs of studies leading to an occupation or a profession and award an attestation of qualification for such programs.

The basic regulations do not apply to a program of studies referred to in the first paragraph.

1997, c. 96, s. 83.

247. Every school board shall establish a program for each student service and popular education service provided for in the basic regulation.

The programs must comply with the objectives set out in the basic regulation.

1988, c. 84, s. 247; 1990, c. 78, s. 41, s. 54; 1997, c. 96, s. 164.

248. (Repealed).

1988, c. 84, s. 248; 1990, c. 78, s. 54; 1997, c. 96, s. 84.

249. Every school board shall ensure that each centre evaluates student achievement and administers the examinations imposed by the Minister.

A school board may impose internal examinations in the subjects in which no examination is imposed by the Minister and for which credits are compulsory for the issue of a secondary school diploma or a vocational training diploma.

1988, c. 84, s. 249; 1990, c. 8, s. 28; 1990, c. 78, s. 54; 1997, c. 96, s. 85.

250. Every school board shall arrange and offer reception and referral services relating to vocational training or adult education.

It shall recognize, in accordance with the criteria or conditions established by the Minister, the scholastic or experiential learning of a person enrolled in vocational training or adult educational services.

1988, c. 84, s. 250; 1990, c. 78, s. 42, s. 54; 1997, c. 96, s. 86.

251. Every school board shall determine the educational services to be provided by each of its vocational training or adult education centres.

1988, c. 84, s. 251; 1997, c. 96, s. 87.

252. Every school board shall establish the school calendar of its vocational training and adult education centres, subject to the provisions of the basic school regulation.

1988, c. 84, s. 252; 1990, c. 78, s. 54; 1997, c. 96, s. 88, s. 164.

253. Every school board shall take part in any periodical evaluation by the Minister of the basic regulation, the programs of studies and the operation of the school system.

1988, c. 84, s. 253; 1990, c. 78, s. 54; 1997, c. 96, s. 164.

254. The functions provided for in this subdivision are exercised after consultation with the teachers.

The consultation procedure is the procedure set out in a collective agreement or, failing that, the procedure established by the school board.

1988, c. 84, s. 254.

§ 5 . — Functions and powers relating to community services

255. A school board may

(1)  through manpower training, technical assistance to enterprises and informational activities, contribute to the development and realization of technological innovation projects, to the implementation and dissemination of new technology and to regional development;

(2)  provide cultural, social, sports, scientific or community services;

(3)  take part, in keeping with Québec policy on Canadian intergovernmental affairs and international affairs, in the development and implementation of external cooperation programs in the fields under its jurisdiction.

The main object of the exercise of such powers shall not be the operation of a commercial enterprise.

1988, c. 84, s. 255; 1995, c. 43, s. 45; 1997, c. 96, s. 89.

255.1. A school board may, to the extent and on the conditions it determines, entrust the management of all or any part of the activities referred to in section 255, except manpower training activities, to a committee it establishes or to a body it designates.

1995, c. 43, s. 45; 1997, c. 96, s. 90.

256. At the request of the governing board of a school, a school board must provide childcare for preschool and elementary school students, in the manner agreed with the governing board, on the school premises or, if the school does not have suitable premises, on other premises.

1988, c. 84, s. 256; 1989, c. 59, s. 28; 1996, c. 16, s. 66; 1997, c. 58, s. 49; 1997, c. 96, s. 91.

256.1. (Repealed).

1992, c. 23, s. 2; 1997, c. 96, s. 92.

257. A school board may arrange services to promote access to educational services, such as meals and lodging.

1988, c. 84, s. 257.

258. The school board may hire staff and enter into agreements for the purposes of sections 255 to 257. In addition, it may require a financial contribution from users of the services it provides.

1988, c. 84, s. 258; 1992, c. 23, s. 3; 1995, c. 43, s. 46; 1997, c. 58, s. 50; 1997, c. 96, s. 93.

§ 6 . — Functions and powers relating to human resources

259. Every school board is the employer of the personnel required for its operation and that of its schools, vocational training centres and adult education centres, except the personnel required for the student services and special educational services programs under the jurisdiction of a minister other than the Minister of Education, Recreation and Sports.

Every school board shall appoint a secretary general who shall perform and exercise, in addition to the functions and powers provided for in this Act and in the regulation of the Minister under section 451, the functions and powers of the secretary of the council of commissioners and of the executive committee and those determined by the school board. The same person may hold the positions of secretary general and assistant director general simultaneously.

1988, c. 84, s. 259; 1990, c. 8, s. 29; 1990, c. 78, s. 43, s. 54; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 96, s. 94; 2005, c. 28, s. 195.

260. The personnel required for the operation of a school board shall perform their functions under the authority of the director general of the school board.

The personnel assigned to a school shall perform their functions under the authority of the principal and the personnel assigned to a vocational training or adult education centre shall perform their functions under the authority of the principal of the centre.

1988, c. 84, s. 260; 1990, c. 78, s. 54; 1997, c. 96, s. 95.

261. Every school board shall, in assigning personnel to its schools, vocational training centres and adult education centres, take into account the staffing requirements submitted to it by the school principals and the principals of the centres, and the applicable collective agreements.

Every school board shall ensure that any person it hires to provide preschool education services or to teach at the elementary or secondary level holds a teaching licence issued by the Minister, except in cases where such a licence is not required.

1988, c. 84, s. 261; 1997, c. 96, s. 96; 2000, c. 24, s. 34.

261.1. A school board may enter into an agreement with any educational institution at the university level concerning the training of future teachers and the mentoring of teacher trainees or newly qualified teachers.

1997, c. 96, s. 97.

262. (Repealed).

1988, c. 84, s. 262; 1997, c. 96, s. 98; 2000, c. 24, s. 35.

263. (Repealed).

1988, c. 84, s. 263; 1997, c. 96, s. 99; 2000, c. 24, s. 35.

264. Every school board which provides adult education services shall appoint a person responsible for adult education services.

1988, c. 84, s. 264; 1990, c. 78, s. 44.

265. Every school board shall appoint a person responsible for educational services for handicapped students or students with social maladjustments or learning disabilities.

1988, c. 84, s. 265.

§ 7 . — Functions and powers relating to material resources

266. The functions of the school board are, in conformity with an intergovernmental agreement on trade liberalization,

(1)  to acquire or lease such property as is required for the carrying on of its activities and the activities of its educational institutions and to accept property gratuitously;

(2)  to build, repair or maintain its property;

(3)  to determine the use of its property and administer it, subject to the right of its educational institutions to use the property placed at their disposal;

(4)  to encourage the use of its immovables by public or community organizations in its territory or to lease out its movable or immovable property, subject to the right of its educational institutions to use the property placed at their disposal.

A school board may be the owner or lessee of premises or immovables situated outside its territory.

1988, c. 84, s. 266; 1990, c. 8, s. 30; 1997, c. 96, s. 100; 1999, c. 40, s. 158.

267. A school board may enter into an agreement with another school board, an educational institution, a municipality or a community organization in its territory to jointly establish, maintain or improve public libraries, administrative, sports, cultural or recreation centres or playgrounds.

The school board shall obtain the prior authorization of the Minister where the agreement provides for the co-ownership of an immovable or where the school board must resort to credit repayable over a period exceeding one year in order to pay the cost of its contribution.

The school board may also, with the authorization of and subject to the conditions determined by the Minister, enter into an agreement with another school board, a general and vocational college, a private educational institution governed by the Act respecting private (chapter E-9.1) or an enterprise that meets the conditions determined by the Minister in a regulation under paragraph 7 of section 111 of that Act and offers a vocational training program to jointly establish, maintain or improve a school, a vocational training centre, an adult education centre or a college-level educational institution. The agreement may provide for co-ownership of an immovable allocated to the educational institution.

1988, c. 84, s. 267; 1997, c. 96, s. 101.

268. (Repealed).

1988, c. 84, s. 268; 1992, c. 23, s. 4.

269. (Repealed).

1988, c. 84, s. 269; 1992, c. 23, s. 4.

270. A school board may insure its property.

1988, c. 84, s. 270.

271. (Repealed).

1988, c. 84, s. 271; 1992, c. 23, s. 5; 1997, c. 96, s. 102.

272. No school board shall, without the authorization of the Minister, hypothecate or demolish its immovables.

Every sale, exchange or other disposition of an immovable shall be effected in accordance with the regulation of the Government.

1988, c. 84, s. 272; 1990, c. 78, s. 54.

273. A school board may, if authorized by the Minister, expropriate an immovable required for its purposes.

Notwithstanding the foregoing, no school board shall, without the authorization of the Government, expropriate an immovable exempt from school tax under the Act respecting municipal taxation (chapter F-2.1).

1988, c. 84, s. 273.

§ 8 . — Functions and powers relating to financial resources

274. The fiscal year of every school board begins on 1 July and ends on 30 June of the following year.

1988, c. 84, s. 274.

275. Every school board shall allocate among its schools, vocational training centres and adult education centres, in an equitable manner and in consideration of social and economic disparities and of the needs expressed by the institutions, the operating subsidies granted by the Minister, including equalization grants, if any, school tax proceeds and income derived from the investment of all or part of those proceeds, reserving the amount determined by the school board to be necessary for its own needs and the needs of its committees.

The allocation shall include resources for the operation of governing boards.

The school board shall make public the objectives and principles governing the allocation of subsidies, school tax proceeds and other revenues among its educational institutions as well as the criteria pertaining thereto, and the objectives, principles and criteria used to determine the amount reserved for its own needs and the needs of its committees.

1988, c. 84, s. 275; 1997, c. 96, s. 103.

276. Every school board is responsible for approving the budget of its schools, vocational training centres and adult education centres.

The budget of an educational institution shall be without effect until it is approved by the school board. However, the school board may, subject to the conditions it determines, authorize an institution to incur expenses that have not been approved.

1988, c. 84, s. 276; 1997, c. 96, s. 104.

277. Every school board shall adopt its operating, investment and debt service budget for the following school year and transmit it to the Minister before such date and in such form as he determines.

The budget of every school board shall indicate the financial resources allocated to its committees and the financial resources allotted to services for handicapped students and students with social maladjustments or learning disabilities.

The budgets of the educational institutions of the school board shall constitute separate appropriations within the school board’s budget.

1988, c. 84, s. 277; 1992, c. 23, s. 6; 1997, c. 96, s. 105.

278. Before adopting its budget, every school board shall give a public notice of at least 15 days of the date, time and place of the sitting of the council of commissioners at which its budget is to be studied.

1988, c. 84, s. 278.

279. Except with the authorization of the Minister and subject to the terms and conditions he determines, the budget may not provide for expenditures that exceed the revenues of the school board.

1988, c. 84, s. 279; 1992, c. 23, s. 7.

280. A school board shall include as revenue in its budget any surplus anticipated for the current year and any other surplus it may have.

In addition, the school board shall include as expenditure in its budget any deficit anticipated for the current year and any deficit for the preceding year not included in its budget.

1988, c. 84, s. 280; 1992, c. 23, s. 8.

281. If, on 1 July, a school board has not adopted its budget, it is authorized to incur expenses for that month for an amount equal to one-twelfth of the amount of expenses of the preceding school year.

The same applies for each month of the school year if, on the first day of the month, the budget has not been adopted.

1988, c. 84, s. 281; 1992, c. 23, s. 9.

282. Every school board shall transmit to the Minister, on the dates and in the form he determines, interim reports on its financial position.

1988, c. 84, s. 282.

283. Every school board shall keep accounting records in such manner and in such form as the Minister may prescribe.

1988, c. 84, s. 283.

284. For each fiscal year, every school board shall appoint from among the members of a professional order of accountants governed by the Professional Code (chapter C-26) an external auditor who shall file a report of his audit of the financial transactions of the school board.

The Minister may specify the mandate applicable to all auditors of school boards.

1988, c. 84, s. 284; 1990, c. 8, s. 31; 1994, c. 40, s. 457.

285. The following shall not act as external auditor for the school boards:

(1)  a member of the council of commissioners;

(2)  an employee of the school board;

(3)  a partner of a person referred to in paragraph 1 or 2;

(4)  a person who, during the fiscal year for which the audit is carried out, has, directly or indirectly, personally or through his partner, any share or interest in or in relation to a contract with the school board, receives a commission pursuant to such a contract or derives any benefit from such a contract, unless his connection with the contract arises from the practice of his profession.

1988, c. 84, s. 285.

286. Once the financial activities have been audited, the director general shall submit the financial statements of the school board and the external auditor’s report to the council of commissioners at its first sitting following by at least 15 days the date of receipt of the report.

The secretary general shall give public notice of the date, time and place of the sitting at least 15 days in advance.

1988, c. 84, s. 286.

287. At least one week before the sitting referred to in section 286, the director general shall publish a summary of the annual financial statement of the school board.

He shall submit to the Minister, at such time and in such form as he prescribes, the annual financial statement of the school board together with the external auditor’s report.

A school board must, if any of its institutions receives a sum of money by way of a gift, legacy, subsidy or other voluntary contribution from any person or any public or private body wishing to provide funding for the activities of the institution, disclose it in a schedule appended to its financial statements, indicating the object for which the sum of money was granted.

The financial statements of a school board that has entrusted a body with the management of certain of the activities referred to in section 255 must be accompanied with any document or information required by the Minister in respect of those activities.

1988, c. 84, s. 287; 1990, c. 8, s. 32; 1995, c. 43, s. 47; 1997, c. 96, s. 106.

288. Notwithstanding any inconsistent legislative provision, a school board may, with the authorization of the Minister and subject to such conditions as he prescribes, borrow money by any method recognized by law.

The Minister may grant to a school board a general authorization to borrow for a period not exceeding one year and up to such amount as he specifies.

At the request of the Minister, the school board, either directly or through the financial institution with which it does business, shall furnish him with any information he may require on its financial position.

1988, c. 84, s. 288.

289. No school board shall negotiate a loan on a money market other than the Canadian market or a loan which must be repaid, in whole or in part, in foreign currency without prior authorization from the Minister of Finance and the Minister of Education, Recreation and Sports.

No school board shall contract such a loan or engage in any registration formality permitting access to a money market other than the Canadian market without obtaining such prior authorizations.

The loan authorization of the Minister of Education, Recreation and Sports may prescribe the conditions of the loan.

Where the authorization limits the amount of the loan, that amount is deemed to be the par value of the bonds or other securities issued pursuant to that loan, regardless of any premium which may be payable upon repayment, or of the fact that the bonds or other securities may be sold at a premium or rebate.

The loan is deemed to be authorized both in foreign currency and in Canadian currency notwithstanding the difference that may exist between them when the loan is made or subsequently.

1988, c. 84, s. 289; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 2005, c. 28, s. 195.

290. The Government may prescribe, by regulation, the nature and form of the information that must be supplied to the Minister of Finance and to the Minister of Education, Recreation and Sports for the purposes of the first paragraph of section 289, as well as the time when it must be supplied.

Regulation under the first paragraph come into force on the date of their publication in the Gazette officielle du Québec or on any later date indicated therein.

1988, c. 84, s. 290; 1990, c. 78, s. 54; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 2005, c. 28, s. 195.

§ 9 . — Functions and powers relating to student transportation

291. A school board may, with the authorization of the Minister, provide transportation for all or part of its students.

It may provide the transportation itself if authorized by the Minister, or enter into a contract with a carrier for that purpose.

1988, c. 84, s. 291; 1997, c. 96, s. 107.

292. Student transportation provided by a school board before the beginning of classes and after the end of classes each day is free of charge. Where the transportation is provided under a contract with a public transit authority or with the holder of a bus transport permit, within the meaning of government regulation, the school board may claim from a student that portion of the cost of the transportation pass which corresponds to service in addition to service before the beginning of classes and after the end of classes each day.

A school board that provides student transportation at noon to allow students to have their meal at home may claim the cost thereof from the students who elect to use that service.

Whether or not a school board provides transportation at noon to allow students to have their meal at home, it is required to ensure, in the manner agreed upon with the governing boards and on such financial conditions as it may determine, supervision of the students who stay at school.

1988, c. 84, s. 292; 1990, c. 78, s. 9, s. 54; 1997, c. 96, s. 108.

293. Section 292 does not apply to the transportation of persons enrolled in adult education.

A school board that provides transportation to persons enrolled in adult education may claim the cost thereof from the users of such service.

1988, c. 84, s. 293; 1990, c. 78, s. 45.

294. A school board authorized to provide transportation for its students may enter into an agreement to provide transportation for all or some of the students of another school board, an institution governed by the Act respecting private education (chapter E-9.1), an institution whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1) or a general and vocational college.

1988, c. 84, s. 294; 1989, c. 17, s. 16; 1992, c. 68, s. 146, s. 156; 1994, c. 15, s. 33; 1996, c. 21, s. 70.

295. The cost of the transportation provided by one school board for another school board shall be assumed by the latter school board according to the cost of the transportation services received or in such proportion as is determined by the Government, after deducting the subsidies granted for such purposes.

1988, c. 84, s. 295.

296. The cost of transportation provided by a school board for a general and vocational college, an institution whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1) or an institution governed by the Act respecting private education (chapter E-9.1) shall be assumed by the college or institution according to the cost of the transportation services received, after deducting the subsidies granted for such purposes, if any.

1988, c. 84, s. 296; 1989, c. 17, s. 17; 1992, c. 68, s. 147, s. 156; 1994, c. 15, s. 33; 1996, c. 21, s. 70.

297. A school board may grant a student transportation contract after negotiating an agreement or following a call for public tenders.

In the case of a call for public tenders, the school board must accept the lowest admissible tender. However, the Minister may, exceptionally, authorize the school board to award the contract to another admissible bidder and attach conditions to such authorization. The school board may also reject all the tenders and either call for new ones or, in the cases provided for by regulation of the Government, enter into a contract by mutual agreement.

Every student transportation contract shall be made in writing and in accordance with government regulation.

The duration of the contract is determined in accordance with the standards established by regulation of the Government. However, where no regulation exists, the maximum duration shall not exceed three school years.

1988, c. 84, s. 297; 1990, c. 78, s. 54; 1993, c. 27, s. 1; 1997, c. 96, s. 109.

298. A school board, after determining the number of available seats, may allow any person other than a person to whom it provides student transportation to use such transportation service until all available seats are filled, and determine the fare in requires for such transportation.

The person who effects student transportation is bound by a decision, notwithstanding any contrary provision contained in a student transportation contract.

This section does not apply where student transportation is integrated into the regular service of a public transit authority or of a holder of a bus transport permit.

1988, c. 84, s. 298.

299. A school board, whether or not it is bound by a student transportation contract, may pay directly to the students an amount to cover all or part of their transportation costs.

1988, c. 84, s. 299.

300. Each year, the Minister shall establish and submit to the Conseil du trésor, for approval, budgetary rules to determine the amount of subsidies granted to school boards providing student transportation.

The budgetary rules may provide that subsidies may be granted on the basis of general standards applicable to all students using student transportation or on the basis of special rules applicable to certain students.

The budgetary rules may provide that the grant of a subsidy may be subject to general conditions applicable to all school boards or to special conditions applicable to one school board or to certain school boards.

The budgetary rules may also provide that the grant of a subsidy may be subject to authorization by the Minister or that it can only be made to one school board or to certain school boards.

Every school board shall provide the Minister with any information he may request for purposes of subsidies at such time and in such form as he prescribes.

A school board which entrusts the transportation of its students to another school board is not presumed to provide student transportation for the purposes of this section.

1988, c. 84, s. 300; 1990, c. 78, s. 10; 1991, c. 27, s. 8; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 96, s. 110; 1999, c. 40, s. 158.

301. The Minister may withhold or cancel all or part of a subsidy for student transportation where a provision of this Act or of the regulation under section 453 or 454 is not complied with.

1988, c. 84, s. 301; 1990, c. 78, s. 54; 1997, c. 96, s. 111.

DIVISION VII TAXATION

§ 1 . — Preliminary provisions

302. In this Act,

(1)  the word “clerk” has the same meaning as in the Act respecting municipal taxation (chapter F-2.1);

(2)  “standardized assessment” means the product obtained by multiplying the values entered on the assessment roll of a municipality by the comparative factor established for that roll under section 264 of the Act respecting municipal taxation;

(3)  “taxable immovable” means

(a)  a taxable unit of assessment, or the taxable part thereof if it is not entirely taxable;

(b)  a non-taxable unit of assessment referred to in the first paragraph of section 208 of the Act respecting municipal taxation, or the part thereof referred to in that paragraph if the reference is not to its entirety;

(4)  “owner” means the person in whose name a taxable immovable is entered on the assessment roll of a municipality.

1988, c. 84, s. 302.

303. A school board, other than a school board situated in whole or in part on the Island of Montréal, may levy a school tax.

Such a tax shall be levied on every taxable immovable situated in the territory of the school board except on any immovable taxable exclusively by or, if not entirely, on the portion of the standardized assessment of an immovable that is taxable exclusively by, another school board having jurisdiction over the territory where the immovable is situated.

1988, c. 84, s. 303.

304. An immovable owned by a person who has children admitted to the educational services of a school board having jurisdiction over the territory where the immovable is situated is taxable exclusively by that school board.

Where the children are admitted to the educational services of different school boards having jurisdiction over the territory where the immovable is situated, the immovable is taxable exclusively by these school boards, each on a portion of the standardized assessment of the immovable corresponding to the ratio between the number of those persons admitted to the educational services of that school board and the number of those persons admitted to the educational services of all the school boards concerned. The school boards concerned may enter into an agreement in respect of the terms and conditions for collecting the tax levied by each of them.

1988, c. 84, s. 304; 1990, c. 8, s. 33.

305. An immovable owned by a natural person to whom section 304 does not apply and whose name is entered on the latest list of electors of a school board having jurisdiction over the territory where the immovable is situated or who has since effected the voting option referred to in section 18 of the Act respecting school elections (chapter E-2.3) is taxable exclusively by that school board.

1988, c. 84, s. 305; 1990, c. 8, s. 34; 1997, c. 47, s. 25.

306. An immovable owned by a natural person to whom sections 304 and 305 do not apply, and who has elected to pay the tax to a school board is taxable exclusively by that school board.

An election as to the levy of school taxes shall be made by way of a notice transmitted before 1 April to the school board in whose favour the election is made; that school board must, without delay and in writing, inform any other school board which has jurisdiction over the territory where the immovable is situated.

Such an election remains in force until the person revokes it in the manner provided in the second paragraph, until he applies for admission of one of his children to the educational services of another school board having jurisdiction over the territory where the immovable is situated or until his name is entered on the list of electors of another school board.

1988, c. 84, s. 306; 1997, c. 47, s. 25.

307. An immovable owned by a person to whom sections 304 to 306 do not apply is taxable by each school board having jurisdiction over the territory in which the immovable is situated on a portion of the standardized assessment of the immovable established in proportion to the number of students enrolled on 30 September of the preceding year in the schools that are under the jurisdiction of the school boards concerned and residing in their common territory.

The school boards concerned shall jointly determine the proportion of the tax to be levied by each of them; they may enter into an agreement in respect of the terms and conditions for collecting the tax levied by each of them.

1988, c. 84, s. 307; 1990, c. 8, s. 35; 1990, c. 28, s. 2.

308. Where the school board levies a tax the rate of which exceeds $0.35 per $100 of the standardized assessment of taxable immovables or a portion of that assessment included in its property tax base or the yield of which, established at the time of the adoption of its budget, exceeds the amount computed under the following paragraphs, the tax is subject to the approval of the electors in accordance with sections 345 to 353.

The maximum yield of the tax for one school year shall be computed

(1)  by multiplying the amount per student determined for the year by the allowable number of students for the same year established in the manner prescribed by regulation of the Government;

(2)  by adding, where the allowable number of students is 1,000 or more, the base amount determined for that year.

For the school year 1990-91, the amount per student is $500 or, where the allowable number of students is under 1,000, $650, and the base amount is $150,000. For each subsequent school year, the amounts per student and the base amount shall be obtained by applying the rates of increase fixed by regulation to those for the preceding year. In cases of amalgamation or total annexation of school board territories or of termination of a regional school board having occurred after 30 June 1990, the base amount of the amalgamated or annexing school board or of a school board that is a member of the regional school board shall, from the school year in which the change takes effect but only for the period determined by regulation, where that is the case, be established according to the rules prescribed therein.

1988, c. 84, s. 308; 1990, c. 28, s. 3; 1992, c. 23, s. 10; 1999, c. 40, s. 158.

309. (Repealed).

1988, c. 84, s. 309; 1990, c. 28, s. 4.

§ 2 . — Levy of school taxes

310. The tax base of the school tax is the standardized assessment of taxable immovables.

1988, c. 84, s. 310.

311. The clerk of every municipal body having jurisdiction in property assessment shall furnish to every school board wholly or partly included in the territory of the body a certified copy of the assessment roll of the taxable immovables situated in the common territory and an attestation of the standardization factor for that roll.

The clerk shall send the copy within 15 days from that on which the Minister of Municipal Affairs and Regions communicates to the body the standardizing factor for the municipal fiscal period in which the roll comes into force.

The copy shall be furnished upon payment of the amount fixed for the issue of copies of municipal documents.

1988, c. 84, s. 311; 1989, c. 36, s. 266; 1999, c. 40, s. 158; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196.

312. The council of commissioners shall set the school tax rate at the time of the adoption of the budget of the school board.

1988, c. 84, s. 312; 1990, c. 28, s. 5; 1992, c. 23, s. 11.

313. The school tax rate of a school board is the same for all taxable immovables.

School taxes are payable by the owner of the taxable immovable.

However, in the case of a tax levied on an immovable owned by a partnership or an immovable held in undivided co-ownership, the tax may be claimed and recovered in its entirety from any member of the partnership or from any co-owner.

1988, c. 84, s. 313; 1997, c. 96, s. 112.

313.1. Any person, other than the debtor, who pays a school tax owed by another person is subrogated by operation of law in the prior claims and legal hypothecs of the school board on the immovables of the debtor and may recover from the debtor the amount of taxes so paid. Such subrogation shall be of no effect unless the receipt which the school board is required to issue states that the payment was made by a third party for the debtor.

The name of such third party shall be recorded in the books of the school board.

1997, c. 96, s. 113.

§ 3 . — Collection of school taxes

314. Once the school tax is levied, the director general of the school board shall mail a request for payment of school taxes to every owner of an immovable which is taxable by the school board, except where the collection of the school tax is entrusted to the municipality or to another school board pursuant to section 304 or 307.

1988, c. 84, s. 314; 1989, c. 36, s. 267; 1990, c. 8, s. 36; 1996, c. 2, s. 698; 1999, c. 40, s. 158; 2000, c. 56, s. 160.

315. School taxes are payable 31 days from the sending of the tax bill.

School taxes are payable in a single payment.

1988, c. 84, s. 315.

316. Interest is payable on school taxes at the rate fixed by the school board.

The last rate fixed applies to any tax unpaid at the time it is fixed, from the date on which the tax became due.

Every tax bill shall set out clearly the rate of interest in force at the time the bill is sent and the fact that the interest rate may be changed without prior notice.

1988, c. 84, s. 316; 1997, c. 96, s. 114.

317. No school board may waive the payment of school taxes or interest.

1988, c. 84, s. 317.

317.1. In addition to being a prior claim within the meaning of paragraph 5 of article 2651 of the Civil Code, the school tax is secured by a legal hypothec on the immovable subject to the tax.

Registration by the school board of a legal immovable hypothec does not prevent it from exercising its prior claim.

1997, c. 96, s. 115.

317.2. A creditor who takes proceedings in execution or who, as holder of an immovable hypothec, has registered a prior notice of his intention to exercise his hypothecary rights, may request the school board to declare the amount of its prior claim. The request must be registered and proof of its notification must be filed at the registry office.

Within 30 days following the notification, the school board must declare the amount of its claim and enter it in the land register; such a declaration does not have the effect of limiting the priority of the school board’s claim to the amount entered.

An application for registration, in the land register, of the request for declaration and of the declaration shall be made in the form of a notice. In addition to the provisions of this section and the requirements of the regulation made under Book IX of the Civil Code, the notice shall indicate the legislative provision under which it is given, the name of the debtor and the name of the school board; the notice does not require attestation and may be presented in single copy.

1997, c. 96, s. 115.

318. Any action for the recovery of school taxes brought against an owner is prescribed by three years from the date they become payable.

1988, c. 84, s. 318.

319. The school board shall collect the school taxes itself. It may, however, enter into an agreement with the municipality having jurisdiction to send municipal tax accounts in the territory of the school board or part thereof under which the municipality shall collect, on its behalf, the school taxes on the immovables situated in their common territory.

Where such an agreement exists, the municipality shall collect, on behalf of the school board, the amount of the school taxes in any manner it sees fit and with the same rights and obligations as for the collection of municipal property taxes.

Notwithstanding the foregoing, the payment of school taxes of a school board shall be demanded in a single payment but shall not necessarily be demanded in the same bill as the municipal tax.

1988, c. 84, s. 319; 1999, c. 40, s. 158.

320. The municipality may withhold an amount to cover expenses incurred in collecting school taxes, by agreement with the school board.

1988, c. 84, s. 320.

321. The municipality shall pay the amount of the school tax to the school board as and when it is collected or as agreed between them.

1988, c. 84, s. 321.

322. The municipality shall remit to the school board any additional amount relating to school taxes payable by an owner under the Act respecting municipal taxation (chapter F-2.1).

The school board shall remit to the municipality any amount relating to school taxes reimbursed to an owner under the Act respecting municipal taxation.

The remittances shall be made on the first day of the month of April, July or November following the due date of the billing or the reimbursement of the amount, whichever of those three dates is closest.

Any amount remitted after the applicable time limit bears interest at a rate equal to the maximum rate fixed under section 50 of the Act respecting municipal debts and loans (chapter D-7) from the expiration of that time limit. If the maximum rate is changed after the expiration of that time limit but before the amount is paid, the new rate applies from passage of the order.

1988, c. 84, s. 322.

323. Notwithstanding any legislative provision to the contrary, every municipality shall pay to the school board the contributions or subsidies that are given in lieu of the school tax within 15 days of their collection.

Where a municipality receives a partial payment, it shall, within the same time limit, pay a part of that payment to the school board proportionate to the ratio between the amount owing as school tax and the total amount.

Every amount remitted after the time limit bears interest at the rate prescribed under the fourth paragraph of section 322.

1988, c. 84, s. 323.

324. The clerk of the municipality shall forward to the school board any information it requires in writing in respect of the school tax and the contributions or subsidies given in lieu thereof.

1988, c. 84, s. 324.

§ 4 . — Recovery of school taxes

1.  — Seizure and sale of movable property

325. The provisions of the Code of Civil Procedure (chapter C-25) respecting the seizure in execution of movable property apply except as otherwise provided in this subdivision.

1988, c. 84, s. 325.

326. The director general may collect, with costs, the taxes due by any owner by the seizure and sale of his movable property not exempt from seizure that is found in the territory of the school board.

1988, c. 84, s. 326.

327. The seizure and sale are made under a writ prepared by the chairman of the school board and signed and issued by the clerk of the Court of Québec or the clerk of the Superior Court, according to the amount of the claim.

The clerk shall issue the writ upon production of a certificate from the chairman of the school board attesting the amount of the debt and the fact that it is due and owing.

1988, c. 84, s. 327.

328. The writ is addressed to a bailiff, who shall execute it in the same manner as a writ of seizure in execution of movable property issued by the Court of Québec.

1988, c. 84, s. 328.

329. The bailiff shall announce the day and place of sale of the seized movable property by public notice given in accordance with the Code of Civil Procedure (chapter C-25).

1988, c. 84, s. 329.

330. The public notice shall state the name and address of the person whose property is to be sold.

1988, c. 84, s. 330.

2.  — Oppositions to seizure and sale of movable property and oppositions to payment out of proceeds of sale

331. The debtor or any person having a right to claim the movable property seized may oppose the seizure and sale, the former on any of the grounds listed in article 596 of the Code of Civil Procedure (chapter C-25), and the latter on any of the grounds listed in article 597 of the said Code.

In addition to the grounds mentioned in article 596 of the Code of Civil Procedure, opposition to annul may be brought before the court of competent jurisdiction for any cause likely to affect the claim of the school board.

1988, c. 84, s. 331; 1992, c. 57, s. 594.

332. The opposition shall be accompanied by a declaration under oath attesting that the allegations therein contained are true, and that it is not made with intent to unjustly delay the sale, but with a view to obtaining justice. It shall be served upon the bailiff entrusted with the execution of the writ of seizure and returned to the office of the Court of Québec, within eight days following the service.

1988, c. 84, s. 332.

333. On being served with an opposition, the bailiff shall stay the proceedings, and, within eight days following the service, he shall return all his proceedings respecting the writ of seizure to the office of the court mentioned in the opposition.

1988, c. 84, s. 333.

334. The opposition shall thereafter be contested, heard and decided according to the rules of procedure governing oppositions to the seizure and sale of movable property before the court in which it is brought.

1988, c. 84, s. 334.

335. Where the opposition to the seizure and sale is dismissed, the court shall order the bailiff entrusted with the seizure, or any other bailiff, to proceed on the writ of seizure, and, upon the delivery to him of such writ and of a copy of the judgment, the bailiff shall proceed with the sale of the movable property seized, after notice given in the manner provided in the Code of Civil Procedure (chapter C-25).

1988, c. 84, s. 335.

336. Where no opposition to the distribution of the proceeds of the sale of the seized movable property is made, the bailiff shall return the writ and his proceedings, and remit the proceeds of the sale, after deducting the costs of seizure and sale, to the director general, who shall apply such proceeds towards the payment of the school taxes for which the writ of seizure was issued.

1988, c. 84, s. 336.

337. Where an opposition is made to the payment of the proceeds of the sale, the bailiff shall remit the moneys in his possession, after deducting the costs of seizure and sale, to the director general, who shall receive them on deposit, and make a return of all his proceedings respecting the seizure and sale to the court.

The opposition shall thereafter be contested, heard and decided according to the rules of procedure governing oppositions to payment before the court in which it is brought.

The proceeds of the sale shall be distributed by the court, and paid by the director general as ordered by the court.

1988, c. 84, s. 337.

338. If there is any surplus, the director general shall pay it to the owner whose property was sold.

1988, c. 84, s. 338.

3.  — Sale of immovable property

339. Before the beginning of the month of November every year, the director general shall prepare a statement of the school taxes remaining due and owing by owners.

The statement shall show the name and address of each owner and describe the taxable immovables subject to the school tax according to the assessment roll. The description of the taxable immovables is made in accordance with the provisions of the Cities and Towns Act (chapter C-19) respecting the sale of immovables for non-payment of taxes.

1988, c. 84, s. 339.

340. The statement contemplated in section 339 shall be submitted to the council of commissioners for approval.

Before the beginning of the month of November, the director general shall transmit the approved statement to the secretary-treasurer of the local municipality governed by the Municipal Code of Québec (chapter C-27.1) in whose territory the immovables are situated.

The provisions of the Municipal Code of Québec respecting the sale of immovables for non-payment of taxes, including the redemption of immovables sold, apply.

Where the taxes to be collected relate to immovables situated in the territory of a municipality governed by the Cities and Towns Act (chapter C-19), the provisions of that Act respecting the sale of immovables for non-payment of taxes and the redemption of immovables sold apply.

1988, c. 84, s. 340; 1996, c. 2, s. 699.

341. Where the director general of a school board receives from the secretary-treasurer of the municipality a statement of the immovable property to be sold for taxes by the secretary-treasurer of the regional county municipality, he shall, if he has not already done so under section 340 with respect to the secretary-treasurer of the local municipality, forward to the secretary-treasurer of the regional county municipality, before 31 December, a statement showing the amount of school taxes due and affecting each such immovable for school purposes; the secretary-treasurer of the regional county municipality shall take such claim into account in preparing his list.

1988, c. 84, s. 341.

342. Where immovables in the territory of a school board are put up for sale for non-payment of school taxes, the school board may bid for and purchase immovables through its chairman or another person authorized by the school board, without being bound to pay the purchase price forthwith.

The school board may also bid for and purchase those immovables at any sheriff’s sale or any other sale having the effect of a sheriff’s sale.

In no case, however, may the bid of the school board exceed the amount of the school taxes in principal, interest and costs, plus a sufficient amount to satisfy any prior claim of prior or equal rank to the school taxes, in which case the school board shall pay the purchase price in the same manner as any other bidder.

1988, c. 84, s. 342; 1992, c. 57, s. 595.

343. The school board shall enter in its own name the immovables purchased at auction upon the assessment and collection rolls and upon the special apportionment rolls; such immovables shall remain subject to municipal and school taxes like any other immovables and shall be so assessed but the municipal taxes shall not be collectable from the school board.

If the right of redemption is exercised, the redemption price shall include, in addition to the amount paid by the school board for the immovable and interest thereon at 10%, the amount of the municipal and school taxes levied on the immovable from the date of the auction purchase to the date of the redemption, or the instalments due upon such taxes if they are payable by instalments, and also the sums of money owing for municipal and school taxes which were not paid in the distribution of the proceeds of the sale.

After the redemption, the undue instalments of special taxes shall continue to encumber the redeemed immovable and the owner shall be liable therefor.

If the right of redemption is not exercised within the period fixed by law, the director general, sheriff or clerk, as the case may be, shall draw up and sign a deed of sale in favour of the school board and cause it to be registered.

1988, c. 84, s. 343.

344. Immovables acquired at auction by the school board which are not redeemed and are not required for the carrying on of its activities shall be sold at auction or by private sale, as the school board may determine.

1988, c. 84, s. 344.

§ 5 . — Referendum

345. Where the levy of a school tax is subject to the approval of the electors, the vote shall be taken in accordance with sections 346 to 353 of this Act and the provisions of the Act respecting school elections (chapter E-2.3) concerning electors, election officers, the revision of the list of electors, polling, proceedings after the close of the pool, the electoral code of ethics and contestation of elections shall apply, adapted as required, to the referendum. To that end, the returning officer for the referendum shall exercise the functions and powers of the returning officer.

The returning officer for the referendum shall make a written request asking the chief electoral officer to transmit a list of the electors entered on the permanent list of electors who are entitled to be entered on the list of school electors to be used for the referendum. The request shall be made as determined by the chief electoral officer. It shall specify the date of reference, describe the territory involved and specify the date on which and the form in which the list is to be transmitted.

The director general of the school board is ex officio the returning officer for the referendum; where he is unable to perform his functions, the person designated by the school board shall exercise the functions and powers of the returning officer for the referendum.

1988, c. 84, s. 345; 1990, c. 78, s. 54; 2002, c. 10, s. 103.

346. The council of commissioners of the school board shall fix and give public notice of the referendum date.

1988, c. 84, s. 346.

347. The list of electors shall be filed at the head office of the school board at least 30 days before the referendum date.

1988, c. 84, s. 347; 2002, c. 10, s. 104.

348. The following shall be printed on the ballot paper:

“Do you approve the levy of a tax at the rate of (x) cents per hundred dollars of standardized assessment of taxable immovables for the (name of the school board)?”

                     _______________
                    |       |       |
                    |       |       |
                    |  YES  |       |
                    |       |       |
                    |_______|_______|
                    |       |       |
                    |       |       |
                    |   NO  |       |
                    |       |       |
                    |_______|_______|      

Beneath shall appear whichever of the following notes is appropriate:

(If the limit it is proposed to exceed is the tax rate:)

“NOTE: This rate corresponds to (x) cents per $100 of standardized assessment more than the legal limit.

If the levy of the tax is approved, the rate of this tax constitutes the new legal limit for that purpose for the school year (insert here the school year) and the following three school years.”

(If the limit it is proposed to exceed is the maximum yield of the tax:)

“NOTE: The anticipated revenue from this tax corresponds to $ (w), which is $ (x) more than the legal maximum yield; the amount per student has been raised to $ (y), which is $ (z) more than the legal limit.

If the levy of the tax is approved, the amount of $ (z) mentioned above is added to the legal amount per student for computing the maximum yield of the tax for the school year (insert here the school year) and the following three school years.”

(Or, if it is proposed to exceed both limits:)

“NOTE: The rate of this tax corresponds to (v) cents per $100 of standardized assessment more than the legal limit.

The anticipated revenue from this tax corresponds to $ (w), which is $ (x) more than the legal maximum yield; the amount per student has been raised to $ (y), which is $ (z) more than the legal limit.

If the levy of the tax is approved, the rate of this tax constitutes the new legal limit for that purpose for the school year (insert here the school year) and the following three school years, and the amount of $ (z) mentioned in the second paragraph is added to the legal amount per student for computing the maximum yield of the tax for those school years.”.

1988, c. 84, s. 348; 1990, c. 8, s. 38; 1990, c. 28, s. 6.

349. The returning officer for the referendum shall, if so requested in writing, appoint for each polling station a representative for those persons voting “YES” and a representative for those voting “NO”.

The appointment of a representative shall be made in writing and signed by the returning officer. It shall indicate the name, occupation and residence of the representative and the polling station in which he may act.

1988, c. 84, s. 349.

350. If the results show a majority of “NO” votes, the tax levy is disapproved and the school board shall levy a tax within the limits prescribed in this Act.

In the event of a tie-vote, the chairman of the school board shall have a casting vote.

1988, c. 84, s. 350.

351. The returning officer for the referendum shall certify the returns and declare, over his signature, whether the school tax has been approved or disapproved, giving the necessary particulars.

The returning officer for the referendum shall table the returns and his declaration before the council of commissioners at its next sitting.

1988, c. 84, s. 351.

352. Where the school tax is approved,

(1)  the rate higher than that provided in section 308 constitutes the new maximum rate for the purposes of that section for the school year in question and the following three school years;

(2)  the amount by which the amount per student exceeds that contemplated in section 308 for the school year in question is added to the legal amount per student for computing the maximum yield of the tax for that school year and the following three school years.

1988, c. 84, s. 352; 1990, c. 8, s. 39; 1990, c. 28, s. 7.

353. Where, following a contestation, the court annuls a referendum, it may order a new referendum.

1988, c. 84, s. 353.

DIVISION VIII

Repealed, 1997, c. 47, s. 26.

1997, c. 47, s. 26.

354. (Repealed).

1988, c. 84, s. 354; 1997, c. 47, s. 26.

355. (Repealed).

1988, c. 84, s. 355; 1997, c. 47, s. 26.

356. (Repealed).

1988, c. 84, s. 356; 1997, c. 47, s. 26.

357. (Repealed).

1988, c. 84, s. 357; 1997, c. 47, s. 26.

358. (Repealed).

1988, c. 84, s. 358; 1997, c. 47, s. 26.

359. (Repealed).

1988, c. 84, s. 359; 1997, c. 47, s. 26.

360. (Repealed).

1988, c. 84, s. 360; 1997, c. 47, s. 26.

361. (Repealed).

1988, c. 84, s. 361; 1997, c. 47, s. 26.

362. (Repealed).

1988, c. 84, s. 362; 1997, c. 47, s. 26.

363. (Repealed).

1988, c. 84, s. 363; 1997, c. 47, s. 26.

364. (Repealed).

1988, c. 84, s. 364; 1997, c. 47, s. 26.

365. (Repealed).

1988, c. 84, s. 365; 1997, c. 47, s. 26.

366. (Repealed).

1988, c. 84, s. 366; 1991, c. 27, s. 9; 1997, c. 47, s. 26.

366.1. (Repealed).

1991, c. 27, s. 10; 1997, c. 47, s. 26.

367. (Repealed).

1988, c. 84, s. 367; 1991, c. 27, s. 11; 1997, c. 47, s. 26.

368. (Repealed).

1988, c. 84, s. 368; 1997, c. 47, s. 26.

369. (Repealed).

1988, c. 84, s. 369; 1997, c. 47, s. 26.

370. (Repealed).

1988, c. 84, s. 370; 1997, c. 47, s. 26.

371. (Repealed).

1988, c. 84, s. 371; 1997, c. 47, s. 26.

372. (Repealed).

1988, c. 84, s. 372; 1997, c. 47, s. 26.

373. (Repealed).

1988, c. 84, s. 373; 1997, c. 47, s. 26.

374. (Repealed).

1988, c. 84, s. 374; 1997, c. 47, s. 26.

375. (Repealed).

1988, c. 84, s. 375; 1997, c. 47, s. 26.

376. (Repealed).

1988, c. 84, s. 376; 1997, c. 47, s. 26.

377. (Repealed).

1988, c. 84, s. 377; 1990, c. 8, s. 65; 1997, c. 47, s. 26.

378. (Repealed).

1988, c. 84, s. 378; 1997, c. 47, s. 26.

379. (Repealed).

1988, c. 84, s. 379; 1997, c. 47, s. 26.

380. (Repealed).

1988, c. 84, s. 380; 1997, c. 47, s. 26.

381. (Repealed).

1988, c. 84, s. 381; 1990, c. 8, s. 40; 1997, c. 47, s. 26.

382. (Repealed).

1988, c. 84, s. 382; 1990, c. 8, s. 41; 1997, c. 47, s. 26.

383. (Repealed).

1988, c. 84, s. 383; 1997, c. 47, s. 26.

384. (Repealed).

1988, c. 84, s. 384; 1990, c. 78, s. 54; 1997, c. 47, s. 26.

385. (Repealed).

1988, c. 84, s. 385; 1997, c. 47, s. 26.

386. (Repealed).

1988, c. 84, s. 386; 1997, c. 47, s. 26.

387. (Repealed).

1988, c. 84, s. 387; 1997, c. 47, s. 26.

388. (Repealed).

1988, c. 84, s. 388; 1997, c. 47, s. 26.

389. (Repealed).

1988, c. 84, s. 389; 1990, c. 28, s. 8; 1997, c. 47, s. 26.

390. (Repealed).

1988, c. 84, s. 390; 1989, c. 36, s. 268; 1996, c. 2, s. 700; 1997, c. 47, s. 26.

391. (Repealed).

1988, c. 84, s. 391; 1997, c. 47, s. 26.

DIVISION IX PROCEDURE

§ 1 . — By-laws and resolutions

392. No by-law may be adopted by a school board where this procedure is provided for in this Act, unless the school board gives public notice of 30 days before adoption, indicating the object of the by-law, the day appointed for its adoption and the place where the draft may be examined.

The school board shall send to each governing board a copy of every draft by-law within the same period before adoption; copy thereof shall also be sent in the same manner to the parents’ committee.

This section does not apply to by-laws pertaining to the delegation of functions or powers of the council of commissioners.

1988, c. 84, s. 392; 1997, c. 96, s. 116.

393. No resolution may be adopted by a school board authorizing an application to be made to the Government for the making of an order pursuant to this Act, unless the school board gives public notice of at least 30 days before adoption, indicating the object of the resolution and the day appointed for its adoption.

A school board shall send to each governing board a copy of every draft resolution within the same period before adoption; copy thereof shall also be sent in the same manner to the parents’ committee.

1988, c. 84, s. 393; 1997, c. 96, s. 117.

394. By-laws come into force on the day of the publication of a public notice that they have been adopted or on any later date indicated in the notice.

1988, c. 84, s. 394; 1990, c. 8, s. 66.

395. The secretary general of a school board shall, without delay, send a true copy of the by-laws to each governing board and to the parents’ committee.

1988, c. 84, s. 395; 1997, c. 96, s. 118.

396. All by-laws shall be recorded in a by-law registry kept at the head office of the school board.

Each entry of by-laws in the by-law registry shall be signed by the chairman and the secretary general of the school board.

1988, c. 84, s. 396.

§ 2 . — Public notices

397. All public notices shall be posted up in each school and each centre of the school board and published in at least one newspaper circulated in the territory of the school board.

1988, c. 84, s. 397; 1997, c. 96, s. 119.

398. The notice shall indicate its object and shall be published within the time limit prescribed by this Act or, where none is prescribed, as soon as possible.

1988, c. 84, s. 398.

CHAPTER VI COMITÉ DE GESTION DE LA TAXE SCOLAIRE DE L’ÎLE DE MONTRÉAL

2002, c. 75, s. 1.

DIVISION I CONSTITUTION AND COMPOSITION

1999, c. 40, s. 158.

399. The Comité de gestion de la taxe scolaire de l’île de Montréal replaces the Conseil scolaire de l’île de Montréal. The Comité shall acquire the rights and assume the obligations of the Council.

The Comité has jurisdiction over the school boards situated in whole or in part on the island of Montréal in those matters that are assigned to it.

1988, c. 84, s. 399; 2002, c. 75, s. 2.

400. The Comité is a legal person established in the public interest.

1988, c. 84, s. 400; 1997, c. 96, s. 120; 2002, c. 75, s. 31.

401. The head office of the Comité is located in the territory of Ville de Montréal.

The Comité shall notify the Minister and give public notice of the location or of any relocation of the head office.

The Comité shall send a copy of the notice to each school board on the island of Montréal.

1988, c. 84, s. 401; 1989, c. 36, s. 269; 1996, c. 2, s. 701; 2000, c. 56, s. 161; 2002, c. 75, s. 31.

402. The Comité shall consist of members designated in the following manner:

(1)  each school board on the island of Montréal shall designate one person from among its elected commissioners;

(2)  the Minister shall designate two persons, one person chosen from among the managerial staff of the Ministère de l’Éducation, du Loisir et du Sport and another person domiciled on the island of Montréal, chosen after consultation with the parents’ committees of the school boards on the island of Montréal.

If a school board fails to make the designation as provided in subparagraph 1 of the first paragraph, the Minister shall, within 30 days of the vacancy, designate a person from among the commissioners of that school board.

1988, c. 84, s. 402; 2002, c. 75, s. 3; 2005, c. 28, s. 195.

403. A school board may designate another of its commissioners as a substitute to sit and vote in the commissioner’s stead when that commissioner is unable to take part in a sitting of the Comité.

1988, c. 84, s. 403; 2002, c. 75, s. 4.

404. The director general shall take part in the sittings of the Comité but is not entitled to vote.

1988, c. 84, s. 404; 2002, c. 75, s. 31.

405. (Repealed).

1988, c. 84, s. 405; 1990, c. 8, s. 42; 2002, c. 75, s. 5.

406. (Repealed).

1988, c. 84, s. 406; 2002, c. 75, s. 6.

407. No officer or employee of the Comité or of a school board on the island of Montréal may be designated or appointed as a member of the Comité.

1988, c. 84, s. 407; 2002, c. 75, s. 7.

DIVISION II OPERATION

408. (Repealed).

1988, c. 84, s. 408; 2002, c. 75, s. 8.

409. The members of the Comité shall designate a president from among themselves.

The president must be a person referred to in subparagraph 1 of the first paragraph of section 402.

1988, c. 84, s. 409; 2002, c. 75, s. 9.

410. (Repealed).

1988, c. 84, s. 410; 2002, c. 75, s. 10.

411. The Council shall send a copy of the notice and of the agenda for its extraordinary sittings to each school board on the island of Montréal and to the members of the Council.

1988, c. 84, s. 411.

412. The Comité may delegate certain of its functions and powers to the secretary or to another member of the personnel of the Comité.

1988, c. 84, s. 412; 2002, c. 75, s. 11.

413. (Repealed).

1988, c. 84, s. 413; 2002, c. 75, s. 12.

414. (Repealed).

1988, c. 84, s. 414; 2002, c. 75, s. 12.

415. Sections 159, 160, the first paragraph of section 161, the first and second paragraphs of section 163, sections 164 to 166, 169 to 173 and 175 to 178 apply to the Comité or to its members. For that purpose, “commissioner” means a member of the Comité.

1988, c. 84, s. 415; 2002, c. 75, s. 13.

415.1. The Comité shall fix the date, time and place of its regular sittings. It shall hold at least one regular sitting each school year.

2002, c. 75, s. 13.

DIVISION III

Repealed, 2002, c. 75, s. 14.

2002, c. 75, s. 14.

416. (Repealed).

1988, c. 84, s. 416; 1990, c. 8, s. 43; 2002, c. 75, s. 14.

417. (Repealed).

1988, c. 84, s. 417; 1990, c. 8, s. 44; 2002, c. 75, s. 14.

418. (Repealed).

1988, c. 84, s. 418; 2002, c. 75, s. 14.

419. (Repealed).

1988, c. 84, s. 419; 1990, c. 8, s. 45; 1997, c. 96, s. 121; 2002, c. 75, s. 14.

DIVISION IV STAFF

420. The Comité shall appoint a director general and the necessary staff for its operations.

Sections 200, 201.1 and 201.2, adapted as required, apply to the director general of the Comité.

1988, c. 84, s. 420; 1997, c. 96, s. 122; 2002, c. 75, s. 31.

421. The secretary is responsible for the day-to-day management of the activities and resources of the Comité.

The secretary shall see that the decisions of the Comité are carried out, and perform the tasks that are assigned to the secretary by the Comité.

1988, c. 84, s. 421; 2002, c. 75, s. 15.

422. The Comité shall designate a member of its executive staff to perform the functions of the director general if he is absent or unable to act.

1988, c. 84, s. 422; 1990, c. 78, s. 54; 1997, c. 96, s. 123; 2002, c. 75, s. 31.

DIVISION V FUNCTIONS AND POWERS

423. Only the Comité may, with the authorization of the Minister and on the conditions he determines, borrow money by any legal means for its purposes and the purposes of school boards on the island of Montréal.

Sections 288 to 290, adapted as required, apply to the Comité.

The second paragraph of section 288 also applies to the school boards on the island of Montréal.

1988, c. 84, s. 423; 1990, c. 8, s. 46; 2002, c. 75, s. 16.

424. The funds required for the amortization of the principal and the payment of interest on the bonds or other evidences of indebtedness or securities issued by the Council from 1 July 1998 shall be derived from the general revenue of the Council and of the school boards on the island of Montréal.

The funds required for the amortization of the principal and the payment of interest on the bonds or other evidences of indebtedness or securities forming part of the bonded debt of the Council on 1 July 1998 shall be derived from the general revenue of the Council and of the school boards on the island of Montréal.

1988, c. 84, s. 424; 1997, c. 96, s. 124.

424.1. The funds required for the amortization of the principal and the payment of interest on bonds or other evidences of indebtedness or securities issued by the Comité on or after 28 February 2003 shall be derived from the general revenue of the Comité and of the school boards on the island of Montréal.

The funds required for the amortization of the principal and the payment of interest on bonds or other evidences of indebtedness or securities forming part of the debt of the Comité on 28 February 2003 shall be derived from the general revenue of the Comité and of the school boards on the island of Montréal.

2002, c. 75, s. 17.

425. The bonds or other evidences of indebtedness or securities issued by the Council from 1 July 1998 constitute a direct, general and unconditional undertaking of the Council and of the school boards on the island of Montréal and rank pari passu with all other undertakings of the Council and of the school boards on the island of Montréal in respect of loans of money not secured by hypothec or other encumbrance.

The same applies to those bonds or other evidences of indebtedness or securities forming part of the bonded debt of the Council on 1 July 1998.

1988, c. 84, s. 425; 1997, c. 96, s. 125.

425.1. The bonds or other evidences of indebtedness or securities issued by the Comité on or after 28 February 2003 constitute a direct, general and unconditional undertaking of the Comité and of the school boards on the island of Montréal and rank pari passu with all other undertakings of the Comité and of the school boards on the island of Montréal in respect of loans not secured by hypothec or other encumbrance.

The same applies to bonds or other evidences of indebtedness or securities forming part of the debt of the Comité on 28 February 2003.

1990, c. 78, s. 11; 1997, c. 47, s. 27; 2002, c. 75, s. 18.

426. Before being delivered, every bond issued by the Comité shall be stamped with the seal of the Ministère des Affaires municipales et des Régions and provided with a certificate of the Minister of Municipal Affairs and Regions or of a person specially authorized by him attesting that the resolution authorizing the issue thereof has been approved by the Minister of Municipal Affairs and Regions and that such bond is issued in accordance with that resolution.

Every bond issued pursuant to a resolution approved by the Minister of Municipal Affairs and Regions that bears such seal and certificate is valid and its validity cannot be contested for any reason.

This section does not apply to any issue of bonds made or to any loan contracted after 7 March 1982.

1988, c. 84, s. 426; 1999, c. 43, s. 13; 2002, c. 75, s. 31; 2003, c. 19, s. 250; 2005, c. 28, s. 196.

427. The Comité may authorize a person designated by it to keep, outside Québec, in its place and stead, a register for the entry of the bonds or other evidences of indebtedness or securities redeemable in foreign currency issued by it or already included in its bonded debt. The register will also serve for the entry of the names and addresses of the original holders or transferees of the bonds or other evidences of indebtedness or securities redeemable in foreign currency, the amount, date of issue and number of each such bond or other evidence of indebtedness or security, and the date on which each such entry is made.

Sections 23 and 24 of the Act respecting municipal debts and loans (chapter D-7) cease from such date to apply in respect of the bonds or other evidences of indebtedness or securities in respect of which the entry is made.

This section does not apply to any issue of bonds made after 7 March 1982.

1988, c. 84, s. 427; 2002, c. 75, s. 31.

428. The Comité shall receive government subsidies, which have not been transferred as loan securities, relating to the bonds or other evidences of indebtedness or securities forming part of any bonded debt contracted for its purposes and those of the school boards on the island of Montréal.

1988, c. 84, s. 428; 2002, c. 75, s. 31.

429. For the purposes of the rules contained in the Civil Code as regards investments presumed sound, the Comité is considered a school board.

1988, c. 84, s. 429; 1999, c. 40, s. 158; 2002, c. 75, s. 31.

430. Each school board on the island of Montréal, by by-law, shall adopt measures calculated to ensure the upgrading of education in economically disadvantaged areas of school boards on the island of Montréal.

1988, c. 84, s. 430; 1990, c. 78, s. 54; 2002, c. 75, s. 19.

431. Following an agreement with a school board, the Comité may provide technical, administrative or financial support services to it. The agreement shall provide for the costs of such services.

1988, c. 84, s. 431; 2002, c. 75, s. 31.

432. (Repealed).

1988, c. 84, s. 432; 1990, c. 78, s. 54; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 96, s. 126; 2002, c. 75, s. 20.

433. (Repealed).

1988, c. 84, s. 433; 2002, c. 75, s. 20.

434. (Repealed).

1988, c. 84, s. 434; 1990, c. 8, s. 47; 1990, c. 28, s. 9; 1990, c. 78, s. 54; 2002, c. 75, s. 20.

434.1. The Comité shall levy a school tax on every taxable immovable situated in the territory of the school boards on the island of Montréal to meet their needs.

1990, c. 28, s. 9; 2002, c. 75, s. 31.

434.2. The rate of the school tax levied by the Comité cannot exceed $0.35 per $100 of the standardized assessment of taxable immovables or a portion of that assessment included in the property tax base of the school boards on the island of Montréal nor can the yield of the tax, established at the time of the adoption of the budget of those school boards, exceed the total of the amounts obtained by applying, for each school board on the island of Montréal, the method of computation prescribed in the second and third paragraphs of section 308.

1990, c. 28, s. 9; 1999, c. 40, s. 158; 2002, c. 75, s. 31.

434.3. Sections 302, 310, 311, 313 to 318 and 324 to 344, adapted as required, apply to taxation by the Comité; for this purpose, the words “school board” refer to the Comité.

1990, c. 28, s. 9; 2002, c. 75, s. 31.

434.4. For the purposes of section 434.1, where part of the territory of a school board on the island of Montréal is situated outside the island of Montréal, the Comité shall exercise, on that part of the territory, in accordance with sections 304 to 307, such functions and powers as would have been exercised by the school board if section 303 were applicable to it.

For determining the property tax base of a school board on the island of Montréal, the second paragraph of section 303 and sections 304 to 307 apply, where such is the case, as if the school tax were levied by the school board itself.

1990, c. 28, s. 9; 1999, c. 40, s. 158; 2002, c. 75, s. 21.

434.5. Every year, each school board on the island of Montréal shall require from the Comité, by resolution of its Council, the payment of an amount that may not, however exceed the maximum proceeds of school tax established by the school board by effecting the calculations as provided in the second and third paragraphs of section 308. At the meeting at which the resolution is adopted, the Council shall present the tax rate projected by the Comité, in accordance with the second paragraph of section 435.

The school boards on the island of Montréal shall prepare and transmit to the Comité the documents and information it requests for the purposes of school taxation.

1990, c. 28, s. 9; 2002, c. 75, s. 22.

435. The Comité shall, each year, fix the rate of the school tax.

In addition, the Comité shall provide the school boards, before the adoption of the resolution referred to in the first paragraph of section 434.5, with a projection of the property tax rate that could result if the school boards require the maximum proceeds of school tax established for each school board by effecting the calculations as provided in the second and third paragraphs of section 308.

1988, c. 84, s. 435; 1990, c. 8, s. 48; 1990, c. 28, s. 10; 1992, c. 23, s. 12; 2002, c. 75, s. 23.

436. The Comité itself shall collect the school tax that it levies. It may, however, enter into an agreement with any municipality competent to send out municipal tax accounts whose territory is wholly or partly comprised in that of a school board on the island of Montréal allowing the municipality to collect in its territory, on behalf of the Comité, the school tax levied by the Comité.

Where there is an agreement, the municipality shall collect, on behalf of the Comité, the amount of the school tax in the manner it sees fit and with the same rights and obligations as for the collection of the municipal property taxes and those prescribed under sections 320 to 324 for the collection of school tax.

Notwithstanding the foregoing, the payment of school taxes of a school board shall be demanded in one payment and there is no obligation to demand payment of the school tax in the same bill as the municipal tax.

1988, c. 84, s. 436; 1990, c. 8, s. 49; 1990, c. 28, s. 11; 1999, c. 40, s. 158; 2002, c. 75, s. 31.

437. (Repealed).

1988, c. 84, s. 437; 1990, c. 28, s. 12.

438. (Repealed).

1988, c. 84, s. 438; 1990, c. 28, s. 13.

439. The Comité shall apportion, for every school year, the proceeds of school tax and the investment income of all or part of the proceeds according to the following rules :

(1)  each school board on the island of Montréal shall receive, not later than 3 January of each year, that part of the proceeds of the school tax that corresponds to the proportion that the amount required by the school board is of the total amount obtained by effecting for each school board on the island of Montréal the calculations set out in the second and third paragraphs of section 308 ; a school board may not receive any amount in excess of the maximum proceeds of school tax resulting from the calculations set out in the second and third paragraphs of section 308 ;

(2)  the remainder, after deducting the amount determined by the Comité for its purposes, shall be apportioned among the school boards to ensure the upgrading of education in economically disadvantaged areas served by those school boards, at such periods and according to such allocation rules as determined by a resolution adopted by the vote of at least two-thirds of the members of the Comité.

The remainder referred to in subparagraph 2 of the first paragraph must be apportioned in a fair and non-discriminatory manner.

1988, c. 84, s. 439; 1990, c. 28, s. 14; 1990, c. 78, s. 12, s. 54; 2002, c. 75, s. 24.

440. Where a school board requires an amount exceeding the limit referred to in subparagraph 1 of the first paragraph of section 439, the school board shall collect the excess itself by way of a surtax.

Before collecting the surtax, the school board shall obtain the approval of its electors. Sections 345 to 353, adapted as required, apply to the levy of the surtax.

Where the surtax is approved, it shall apply to the school year for which it is levied, and the school board may collect the amount by which the amount per student exceeds that contemplated in section 308 for the following three school years without exceeding the lesser of the new limits.

1988, c. 84, s. 440; 1990, c. 8, s. 50; 1990, c. 28, s. 15; 2002, c. 75, s. 25.

441. The surtax shall be levied by a school board on any taxable immovable or portion of the standardized assessment of the taxable immovable situated in its territory and included in its property tax base.

1988, c. 84, s. 441; 1999, c. 40, s. 158.

442. The school boards shall collect the surtaxes they levy themselves. They may, however, enter into an agreement with the municipality having jurisdiction as regards the sending of municipal tax bills in the territory or part of the territory of the school board in order to provide that the municipality will collect the surtax on immovables situated in their common territory on behalf of the school board.

Where an agreement is entered into, the municipality shall collect, on behalf of the school board, the amount of the surtax in the manner it sees fit and with the same rights and obligations as for the collection of the municipal property taxes. In such case, sections 320 to 322 and 324 apply.

Notwithstanding the foregoing, the payment of the surtax of a school board shall be demanded in one payment and there is no obligation, where the surtax is collected by a municipality, to demand payment thereof in the same bill as the municipal tax.

The clerk of the Court of Québec and the clerk of the Superior Court have the same powers in actions for recovery of surtaxes as the powers they have in actions for recovery of municipal taxes.

1988, c. 84, s. 442; 1999, c. 40, s. 158.

443. The prescription periods and the charges relating to the surtax and the rights and obligations of persons with respect to the surtax shall be the same as those applicable to municipal property taxes.

1988, c. 84, s. 443; 1999, c. 40, s. 158.

444. (Repealed).

1988, c. 84, s. 444; 1990, c. 8, s. 51; 1990, c. 28, s. 16; 1990, c. 78, s. 54; 2002, c. 75, s. 26.

445. The Comité shall adopt its operating, capital and debt service budget for the following school year and transmit it to the Minister before the date and in the form prescribed by him. The Comité shall send a copy of its budget to the school boards on the island of Montréal.

1988, c. 84, s. 445; 1992, c. 23, s. 13; 2002, c. 75, s. 31.

446. Sections 266, 270, 272, 274, 279 to 285, the first paragraph of section 286 and the second paragraph of section 287 apply to the Comité, with the necessary modifications.

1988, c. 84, s. 446; 1990, c. 8, s. 52; 1997, c. 96, s. 127; 2002, c. 75, s. 27.

CHAPTER VII THE GOVERNMENT AND THE MINISTER OF EDUCATION, RECREATION AND SPORTS

1993, c. 51, s. 72; 1994, c. 16, s. 50; 2005, c. 28, s. 195.

DIVISION I REGULATIONS

447. The Government may make regulations to be known as the “basic school regulation”.

The basic school regulation shall relate to

(1)  the nature and objectives of educational services, including preschool education, instructional services, student services and special educational services as well as the general organizational framework thereof;

(2)  the date, between the beginning of the school year and 1 January, for determining the age at which a person is eligible for admission to the educational services referred to in section 1.

In addition, the basic school regulation may

(1)  establish rules on the school admission and enrolment of students and on school attendance;

(2)  establish rules respecting the school calendar;

(3)  establish rules respecting textbooks, instructional material or classes of instructional material and their accessibility;

(3.1)  prescribe the formalities and conditions governing instruction in English to foster the learning thereof;

(4)  establish rules on the evaluation of learning achievement and the certification of studies;

(5)  determine the diplomas, certificates and other official attestation awarded by the Minister and prescribe the conditions under which they are to be awarded;

(6)  provide for the admission of students or categories of students under five years of age and indicate the educational services that they are to receive;

(7)  authorize the Minister to draw up a list of the school boards to which subparagraph 6 applies and to specify the conditions for admission;

(8)  allow, on conditions determined by the Minister, the admission of students or a category of students over the age limit provided for in section 1;

(9)  (subparagraph repealed);

(9.1)  (subparagraph repealed);

(10)  authorize a school board, on conditions and to the extent determined by the Minister, to exempt a category of students from the application of a provision of the basic school regulation.

1988, c. 84, s. 447; 1990, c. 8, s. 53; 1990, c. 78, s. 46, s. 54; 1992, c. 23, s. 14; 1993, c. 40, s. 63; 1997, c. 96, s. 128.

448. The Government shall, by regulation, establish a basic vocational training regulation and a basic adult education regulation.

The basic regulations shall relate to the nature and objectives of instructional, training and student services and, in the case of adult education, literacy and popular education services, as well as to the general organization framework for those services. The basic regulations shall prescribe, subject to the third paragraph of section 3, the conditions governing free access to those services.

The basic regulations may also

(1)  establish rules on the school admission and enrolment of students;

(2)  establish rules respecting the school calendar;

(3)  establish rules respecting textbooks, instructional material or classes of instructional material and their accessibility;

(4)  establish rules on the evaluation of learning achievement and the certification of prior learning;

(5)  determine the diplomas, certificates and other official attestations awarded by the Minister and prescribe the conditions under which they are to be awarded;

(6)  prescribe the cases in which, or the conditions or circumstances under which a person cannot avail himself of the right of free access to vocational training or adult education services provided for in the second paragraph of section 3;

(7)  (subparagraph repealed);

(8)  authorize a school board, on the conditions and to the extent determined by the Minister, to exempt a category of students from the application of a provision of the basic regulation.

1988, c. 84, s. 448; 1990, c. 8, s. 54; 1990, c. 78, s. 47, s. 54; 1997, c. 96, s. 129, s. 164.

449. (Repealed).

1988, c. 84, s. 449; 1990, c. 78, s. 54; 1997, c. 96, s. 164; 2000, c. 24, s. 36.

450. The Government may, by regulation, provide for the organization of services other than educational services to handicapped students and students with social maladjustments or learning disabilities.

1988, c. 84, s. 450.

451. The Minister may, by regulation and with the authorization of the Conseil du trésor, establish for all or certain school boards and for the Comité de gestion de la taxe scolaire de l’île de Montréal, a classification of positions, the maximum number of positions in each job category, working conditions, remuneration, recourses and rights of appeal of the members of the staff who are not members of a certified association within the meaning of the Labour Code (chapter C-27).

The Conseil du trésor may limit the authorization requirement under the first paragraph to the matters it considers to be of governmental import. It may also attach conditions to its authorization.

1988, c. 84, s. 451; 1997, c. 96, s. 130; 2000, c. 8, s. 155; 2002, c. 75, s. 28.

452. The Government may, by regulation,

(1)  determine the norms, conditions and procedure for awarding contracts for the construction, enlargement, equipment, improvement, conversion, demolition, reconstruction or repair of an immovable of a school board or of the Comité de gestion de la taxe scolaire de l’île de Montréal and prescribe forms for those purposes;

(2)  determine the norms, conditions and procedure for disposing of an immovable of a school board or of the Comité de gestion de la taxe scolaire de l’île de Montréal and prescribe the cases in which and the conditions under which the disposal is to take place for a nominal price fixed by the Minister.

The regulation provided for in this section may

(1)  require the authorization of the Minister at various stages; the authorization given may be subject to certain conditions;

(2)  allow the Minister to waive the requirements of certain provisions of the regulation with regard to that portion of the work or those dispositions of immovables which he indicates.

1988, c. 84, s. 452; 1990, c. 78, s. 54; 2002, c. 75, s. 31.

453. The Government may regulate student transportation, namely,

(1)  to determine the stages of the process for awarding contracts for the transportation of students;

(2)  to provide, for each stage, restrictions and conditions for awarding contracts;

(3)  to limit the carriers with whom a school board may make agreements;

(4)  to prescribe the minimum stipulations required to be included in a contract and establish standards in respect of its duration.

A regulation contemplated in this section may allow the Minister to exempt contracts for the transportation of students from the application of some of the provisions of that regulation.

1988, c. 84, s. 453; 1993, c. 27, s. 2; 1997, c. 96, s. 131.

454. The Government may, by regulation, establish the composition, mode of operation and functions of the advisory committee on student transportation.

1988, c. 84, s. 454.

454.1. The Government may by regulation, prescribe standards for the provision of childcare at school.

The regulation may also deal with the nature and objectives of and the general organizational framework for childcare provided at school.

1997, c. 58, s. 51; 1997, c. 96, s. 132.

455. The Government may define, by regulation, the expression “resident in Québec” for the purposes of this Act.

1988, c. 84, s. 455.

455.1. For computing the maximum yield of the tax prescribed in section 308, the Government shall, by regulation,

(1)  determine the rules for establishing the allowable number of students, specifying the students or categories of students that may be taken into account and prescribing a weighting index applicable to each student which may vary according to the categories of students;

(2)  fix the rates of increase of the amounts per student;

(3)  fix the rate of increase of the base amount;

(4)  establish rules for the determination of the base amount in cases of amalgamation or total annexation of school board territories or of termination of a regional school board having occurred after 30 June 1990, which may vary according to the provisions of the regulation.

The Government may, in the same manner, for each case it indicates, determine a period in which the base amount must be established according to the rules prescribed pursuant to subparagraph 4 of the first paragraph.

1990, c. 28, s. 17; 1992, c. 23, s. 15.

456. The Minister may, by regulation, establish

(1)  a classification of teaching licences, the nature and term of such licences, and the requirements and procedure applicable to their issuance or renewal, as the case may be, including the documents and information to be furnished;

(2)  the standards for evaluating the formal training of teachers for the determination of their qualifications.

1988, c. 84, s. 456; 2000, c. 24, s. 37.

456.1. The Minister shall, by regulation, establish the salary of the members of the inquiry committee set up under section 28 and rules relating to the reimbursement of expenses incurred by the members in the exercise of their functions.

1997, c. 43, s. 323.

457. (Repealed).

1988, c. 84, s. 457; 2000, c. 24, s. 38.

457.1. The Minister may determine by regulation

(1)  the cases in which a school board may exercise the powers provided for in section 241.1 in respect of the admission of a child who has not attained the age of admission;

(2)  the information which must be included in a request made under sections 96.17, 96.18 and 241.1 as well as the documents which must be attached to a request;

(3)  the evaluations, consultations, opinions or recommendations required for the purposes of sections 96.17, 96.18 and 241.1.

1992, c. 23, s. 16; 1997, c. 96, s. 133.

457.2. The Minister may determine by regulation the cases in which and the conditions on which a school board may permit a departure from the provisions of a basic regulation that relate to the list of subjects so that a special school project may be carried out.

The regulation must prescribe that a report be made to the Minister, at intervals determined by the Minister, on departures from those provisions granted to carry out special school projects.

2004, c. 38, s. 4.

458. A draft copy of the regulation provided for in sections 447, 448, 450 and 456 shall be submitted before passage to the Conseil supérieur de l’éducation for preliminary examination.

1988, c. 84, s. 458; 1990, c. 78, s. 54.

DIVISION II FUNCTIONS AND POWERS OF THE MINISTER OF EDUCATION, RECREATION AND SPORTS

1993, c. 51, s. 72; 1994, c. 16, s. 50; 2005, c. 28, s. 195.

459. The Minister shall ensure quality in the educational services provided by school boards.

In order to exercise that function, the Minister may establish an approach for gradual implementation of the provisions of the basic regulations relating to the list of subjects and to the rules governing the evaluation of learning achievement and the certification of studies.

Moreover, following a request, with reasons, made by a school board, the Minister may permit, on the conditions and to the extent determined by the Minister, a departure from provisions of a basic regulation relating to the list of subjects so that a special school project applicable to a group of students may be carried out.

1988, c. 84, s. 459; 1990, c. 78, s. 54; 1997, c. 96, s. 134.

459.1. After consultation with the school boards, the Minister shall establish national indicators and make them available to all school boards, particularly so that they may define, in their strategic plans, the main challenges they face.

2002, c. 63, s. 29.

460. The Minister may, on such conditions as he determines, exempt any student or any category of students he determines from the application of certain rules of certification of studies or of prior learning.

1988, c. 84, s. 460; 1990, c. 78, s. 48; 1997, c. 96, s. 135.

461. The Minister shall establish the programs for preschool education, the programs of compulsory subjects for elementary and secondary schools as well as the elective subjects specified in a list drawn up by him under section 463 and, if he considers it appropriate, the programs of vocational education.

Every program shall include compulsory objectives and contents and may include optional objectives and contents that shall be enriched or adapted according to the needs of students who receive the services.

The confessional aspects of the programs of Catholic or Protestant moral and religious instruction established by the Minister under this section must be approved by the Religious Affairs Committee. The Committee shall, in addition, give its opinion to the Minister on the religious aspects of a program of studies in ethics and religious culture established by the Minister.

Furthermore, the Minister may establish literacy and presecondary and secondary education programs to be offered as part of the adult education services.

1988, c. 84, s. 461; 1990, c. 78, s. 49; 1997, c. 96, s. 136; 2000, c. 24, s. 39.

462. The Minister may draw up a list of textbooks, instructional material or classes of instructional material approved by him which may be selected for the teaching of the programs of studies established by him.

This section does not apply to vocational training or adult education.

1988, c. 84, s. 462; 1990, c. 78, s. 54; 1997, c. 96, s. 137; 2000, c. 24, s. 40.

463. The Minister shall draw up a list of elective subjects for which he establishes a program of studies, a list of vocational education programs, the number of credits assigned to each elective subject and to each vocational education program and a list of the subjects and vocational education programs for which he imposes examinations.

The Minister may authorize a school, following a request sent by the school board, to assign a greater number of credits than that prescribed in the basic school regulation to an elective subject for which the school board has adopted a local program of studies.

1988, c. 84, s. 463; 1990, c. 78, s. 54; 1997, c. 96, s. 138.

464. The Minister shall ensure that every school board, governing board, school principal, principal of a centre and teacher and the Conseil supérieur de l’éducation have access, free of charge, to the programs and lists established by the Minister.

1988, c. 84, s. 464; 1997, c. 96, s. 139; 2000, c. 24, s. 41.

465. The Minister may establish, subject to what is prescribed in the basic regulations, conditions of admission to vocational education programs.

1988, c. 84, s. 465; 1990, c. 78, s. 50, s. 54; 1997, c. 96, s. 164.

466. The Minister may draw up a list of school boards which, for purposes of subsidies, are authorized to provide adult education services.

Expenditures incurred by an unlisted school board to provide such adult education services are not qualified for subsidies granted by the Minister of Education, Recreation and Sports.

Pursuant to an agreement with interested school boards which do not provide adult education services, a school board authorized under the first paragraph shall establish mechanisms whereby they may take part in the definition of its adult education policies.

In addition, in an agreement entered into with a school board not included on the list for the provision of adult education services, it may, with the authorization of the Minister and according to the conditions determined by him, send to that school board any sums received from the Minister as subsidies for the organization of those services.

1988, c. 84, s. 466; 1990, c. 8, s. 55; 1990, c. 78, s. 54; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 2005, c. 28, s. 195.

467. The Minister may draw up a list of vocational education programs which a school board, for purposes of subsidies, is authorized to provide.

Expenditures incurred by a school board to provide any vocational education program that is not included on the list drawn up in its respect are not qualified for subsidies granted by the Minister of Education, Recreation and Sports.

1988, c. 84, s. 467; 1990, c. 78, s. 54; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 96, s. 140; 2005, c. 28, s. 195.

468. The Minister may establish a school, vocational training centre or adult education centre having a regional or provincial role under the jurisdiction of one or more school boards, pursuant to an agreement with each of the school boards concerned.

The agreement shall state the name and address of the institution, indicate the premises or immovables placed at its disposal, specify the educational services to be provided by the institution, the enrollment criteria, the territory to be served as well as the mode of administration and operation of the institution.

In addition, the agreement may entrust the management of any or all of the services provided by the institution to a committee or body established by the agreement and determine the distribution of the functions and powers between the institution, the school board and the committee or body.

Neither Chapter III nor Chapter IV applies to the institution.

1988, c. 84, s. 468; 1990, c. 78, s. 51; 1997, c. 96, s. 141.

469. The Minister shall establish criteria or requirements for the recognition by school boards of the learning acquired by a person otherwise than as prescribed in the basic school regulation established under section 447.

In addition, the Minister shall establish criteria or requirements for the recognition by school boards of the scholastic or experiential learning of a person enrolled in vocational training or adult education.

1988, c. 84, s. 469; 1990, c. 78, s. 52, s. 54; 1997, c. 96, s. 142.

470. The Minister may, to avoid penalizing students unduly, revise the results obtained by them in the examinations he imposes, to compensate for any error or ambiguity in the examinations brought to his attention after they are taken.

The Minister may, where circumstances so require, invalidate the examination and either retain as the final result the grades obtained in the school board internal examinations or hold another examination.

In addition, the Minister may, in accordance with the criteria and methods established by him, weight the results obtained in the school board internal examinations in subjects for which he imposes examinations, to make the results comparable to those obtained in the internal examinations held in other school boards.

1988, c. 84, s. 470.

471. The Minister shall award diplomas, certificates and other official attestations prescribed in the basic regulations as well as the official attestations and transcripts of marks which he determines.

1988, c. 84, s. 471; 1990, c. 78, s. 54; 1997, c. 96, s. 164.

472. After consulting with the school boards, the Minister shall establish annually and submit to the Conseil du trésor for approval, budgetary rules for the determination of the amount of operating expenses, capital expenditures and debt service expenses allowable for the purpose of subsidies to be allocated to school boards and the Comité de gestion de la taxe scolaire de l’île de Montréal. The budgetary rules shall be drafted in such a way as to provide an equitable apportionment with regard to the allocation of subsidies applicable to the operating expenses of school boards.

The budgetary rules shall also provide for the allocation of subsidies, to a school board authorized, for the purpose of subsidies to organize vocational training programs or adult education services or which fulfils a special obligation it is subject to under this Act, and, in particular, under subparagraphs 6 and 7 of the third paragraph of section 447 and section 468. The allocation of such subsidies may be made on the basis of general or specific standards or be subject to the authorization of the Minister.

The budgetary rules may provide that the allocation of subsidies applicable to capital expenditures and debt service for capital expenditures may be made on the basis of general or specific standards, be subject to the authorization of the Minister or be made only to one school board or certain school boards or the Comité de gestion de la taxe scolaire de l’île de Montréal.

The budgetary rules may provide that the allocation of subsidies applicable to the expenses referred to in the second and third paragraphs may also be subject to general conditions applicable to all school boards or to special conditions applicable only to one school board or certain school boards.

1988, c. 84, s. 472; 1990, c. 78, s. 54; 1997, c. 96, s. 143; 2002, c. 75, s. 29.

473. The budgetary rules may also prescribe

(1)  the financial contribution to be collected from a person not resident in Québec, within the meaning of the regulation of the Government, subject to the power of the Minister to exempt certain persons or categories of persons therefrom;

(2)  the maximum amount of the financial contribution that may be required for services to which the right to free access, as provided in section 3 does not apply, from a resident of Québec enrolled in vocational training or adult education;

(3)  the terms and conditions of the computation of subsidies payable to school boards for the application of the right of free access to vocational training or adult education services.

1988, c. 84, s. 473; 1990, c. 78, s. 54; 1997, c. 96, s. 144.

473.1. The budgetary rules may, subject to the conditions or according to the criteria prescribed therein or determined by the Minister, provide for the granting of subsidies or authorize the Minister to grant subsidies to school boards or to the Comité de gestion de la taxe scolaire de l’île de Montréal, in order to take into account special situations or to carry out certain projects or activities.

Such subsidies may

(1)  be granted on the basis of general or special standards;

(2)  be subject to general conditions applicable to every school board, or to special conditions applicable to one or some of them;

(3)  be granted only to one or some of the school boards or to the Comité de gestion de la taxe scolaire de l’île de Montréal.

For the purposes of this section, the Minister may authorize any holder of a position at the Ministère de l’Éducation, du Loisir et du Sport to exercise functions or powers vested by the budgetary rules with respect to the subsidies granted under this section; section 11 of the Act respecting the Ministère de l’Éducation, du Loisir et du Sport (chapter M-15) does not apply to such an authorization.

1992, c. 23, s. 17; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 2002, c. 75, s. 31; 2005, c. 28, s. 195.

474. The budgetary rules may also provide, subject to the conditions prescribed by the Minister, that a subsidy shall be granted to a school board or to the Comité de gestion de la taxe scolaire de l’île de Montréal where the property of the school board or the Comité de gestion de la taxe scolaire de l’île de Montréal is damaged as the result of a disaster, theft or vandalism.

The Minister is, in such a case, subrogated to the rights of the school board or the Comité de gestion de la taxe scolaire de l’île de Montréal.

1988, c. 84, s. 474; 2002, c. 75, s. 31.

475. The Minister shall, in the budgetary rules contemplated in section 472, provide for the payment of an equalization grant to every school board whose fiscal resources are insufficient for a particular school year. The grant shall be fixed by the Minister after receipt of the school board’s budget

(1)  by determining, for that school year, the maximum yield of the school tax that could be levied by the school board, applying the method of computation prescribed in the second and third paragraphs of section 308;

(2)  by determining, for the same school year, the yield of a school tax that could be levied by the school board at the maximum rate prescribed in section 308;

(3)  by subtracting the amount obtained under subparagraph 2 from the amount obtained under subparagraph 1.

For the purposes of the first paragraph, the rate or the amount per student exceeding that contemplated in section 308 that has been approved by referendum or that the school board must submit to its electors for approval shall not be taken into account.

1988, c. 84, s. 475; 1990, c. 28, s. 18; 1992, c. 23, s. 18.

475.1. The Minister shall also provide, in the budgetary rules referred to in section 472, for the payment of equalization grants to a school board on the island of Montréal equal to the amount obtained by subtracting the amount paid to the school board by the Comité de gestion de la taxe scolaire de l’île de Montréal under subparagraph 1 of the first paragraph of section 439 from the maximum yield of the school tax obtained, for the school board, by effecting the calculations set out in the second and third paragraphs of section 308.

For the purposes of this section, any amount that exceeds the amount per student referred to in section 308 that has been approved by a referendum or that a school board must submit to its electors for approval shall not be taken into account.

2002, c. 75, s. 30.

476. The Minister may, on the terms and conditions he determines, grant on behalf of the Government a subsidy to any school board or the Comité de gestion de la taxe scolaire de l’île de Montréal for the payment, in whole or in part, out of the funds voted annually for such purpose by the Parliament, of the principal and interest of any loan contracted or to be contracted by the school board or the Comité de gestion de la taxe scolaire de l’île de Montréal.

The school board shall apply the proceeds of the loan referred to in the first paragraph to the capital expenditures and debt service for the capital expenditures referred to in section 472, to the repayment of loans contracted for the purposes of such capital expenditures and debt service or to the payment of the costs and expenses related to the loan.

The Minister may entrust to the Minister of Finance, to be managed by him, any amount intended for the payment in principal of a loan contracted by the school board to establish a sinking fund for the purposes of paying, out of those amounts and on the maturity dates provided for the loan, the principal of the loan and, out of the proceeds or revenues of the fund, the loans contracted by any school board.

The third paragraph applies only to loans contracted before 1 April 1991.

1988, c. 84, s. 476; 1990, c. 66, s. 8; 2002, c. 75, s. 31.

477. The Minister may withhold or cancel all or part of the amount of any subsidy, other than a subsidy for the transportation of students, intended for a school board or the Comité de gestion de la taxe scolaire de l’île de Montréal if it refuses or neglects to comply with a provision governing the school board and the Comité.

In no case, however, may the Minister withhold or cancel a subsidy granted under section 476 related to the payment in principal and interest of any duly authorized loan of a school board or the Comité de gestion de la taxe scolaire de l’île de Montréal.

1988, c. 84, s. 477; 2002, c. 75, s. 31.

477.1. The Minister may deposit with the Minister of Finance, to be managed by him, sums intended for the repayment of the principal of a loan in respect of which a subsidy has been granted under section 476, in order to constitute a sinking fund for the purpose of repaying, out of such sums, the principal of the loan, on the maturity dates under the terms of the loan.

The income of the sinking fund shall be used for the repayment of any duly authorized loan of any school board, or allocated for the repayment of any loan for which a sinking fund is constituted, in replacement of the sums that would otherwise be deposited under the first paragraph.

This section applies only to loans contracted on or after 1 April 1991.

1990, c. 66, s. 9.

477.1.1. On the recommendation of the Minister, the Government may, if it considers it advisable in the public interest and so as to foster effective and efficient management of the immovables belonging to school boards, order that the ownership of an immovable belonging to a school board be transferred to another school board so that the latter school board may establish an educational institution.

Such a transfer shall take effect on the date determined by the Government.

2000, c. 11, s. 7.

477.1.2. The Government shall determine, by order in council, whether an indemnity is to be paid as consideration for the transfer and, where applicable, the amount of the indemnity and the other conditions of the transfer.

2000, c. 11, s. 7.

477.1.3. Before making a recommendation to the Government, the Minister must give the school boards concerned an opportunity to present observations in writing and grant them at least 30 days to do so.

2000, c. 11, s. 7.

477.1.4. Notwithstanding section 40 and paragraph 1 of section 79, a deed of establishment that places all or part of the immovable to which the decision applies at the disposal of an educational institution shall cease to have effect

(1)  on 30 June, if the decision takes effect on 1 July following the decision; or

(2)  on the date of the day preceding the date determined by the Government under section 477.1.1.

2000, c. 11, s. 7.

477.1.5. Where the ownership of an immovable is transferred pursuant to section 477.1.1, a notice stating the facts that establish the transfer and containing a description of the immovable concerned shall be given to the registrar of the registration division in which the immovable is situated.

2000, c. 11, s. 7.

DIVISION II.1 COUNCIL AND COMMITTEES OF THE MINISTER

1997, c. 96, s. 145.

§ 1 . — Commission des programmes d’études

1997, c. 96, s. 145.

1.  — Establishment

1997, c. 96, s. 145.

477.2. A programs council is hereby established under the name “Commission des programmes d’études”.

1997, c. 96, s. 145.

477.3. The council shall be composed of 11 members, including the chair of the council, appointed by the Minister as follows:

(1)  five teachers at the elementary and secondary levels;

(2)  an education sector professional;

(3)  a member of the management staff or the director general of a school board;

(4)  a representative of the college education sector;

(5)  two representatives of the university education sector;

(6)  a parent of a student attending an elementary or secondary school.

At least two members of the council must represent the English-language education sector.

1997, c. 96, s. 145.

2.  — Mission and functions

1997, c. 96, s. 145.

477.4. The mission of the council is to advise the Minister on any matter relating to programs of studies established by the Minister pursuant to section 461.

The council, in the pursuit of its mission, shall make recommendations to the Minister on

(1)  the general guidelines and framework for the establishment of programs of studies;

(2)  the timetable for the development, implementation and review of programs of studies;

(3)  the approval of programs of studies;

(4)  the ongoing adaptation of programs of studies.

1997, c. 96, s. 145.

477.5. The council shall advise the Minister on any matter submitted to it by the Minister concerning programs of studies.

1997, c. 96, s. 145.

477.6. The council may

(1)  refer any matter relating to programs of studies to the Minister;

(2)  solicit and receive observations and suggestions from individuals or groups on any matter relating to programs of studies.

1997, c. 96, s. 145.

477.7. The council may, in exercising its powers and functions,

(1)  form advisory committees and determine their powers and functions as well as their operating rules;

(2)  hire the services of experts.

1997, c. 96, s. 145.

§ 2 . — Comité d’évaluation des ressources didactiques

1997, c. 96, s. 145.

1.  — Establishment

1997, c. 96, s. 145.

477.8. A teaching resource evaluation committee is hereby established under the name “Comité d’évaluation des ressources didactiques”.

1997, c. 96, s. 145.

477.9. The committee shall be composed of 13 members, including the chair of the committee, appointed by the Minister as follows:

(1)  six persons exercising education functions, including three persons from the French language school boards, one person from the English language school boards, one person from a private educational institution providing instruction in French at the elementary or secondary level and one person from such an institution providing instruction in English at the elementary or secondary level;

(2)  a principal of an elementary school and a principal of a secondary school;

(3)  two parents of students attending an elementary or secondary school;

(4)  a representative from a book publishers’ association;

(5)  a representative of the school boards;

(6)  a university-level educational technology or didactics expert.

1997, c. 96, s. 145.

2.  — Mission and functions

1997, c. 96, s. 145.

477.10. The mission of the committee is to advise the Minister on any matter relating to textbooks, instructional material or classes of instructional material.

The committee, in the pursuit of its mission, shall make recommendations to the Minister concerning

(1)  criteria for the approval of instructional resources;

(2)  the approval of instructional resources.

1997, c. 96, s. 145.

477.11. The committee shall advise the Minister on any matter submitted by the Minister in relation to the evaluation, approval, implementation and review of instructional resources.

1997, c. 96, s. 145.

477.12. The committee may

(1)  refer any matter relating to instructional resources to the Minister;

(2)  solicit and receive observations and suggestions from individuals or groups on any matter relating to instructional resources.

1997, c. 96, s. 145.

§ 3 . — Comité d’agrément des programmes de formation à l’enseignement

1997, c. 96, s. 145.

1.  — Establishment

1997, c. 96, s. 145.

477.13. A teacher training program accreditation committee is hereby established under the name “Comité d’agrément des programmes de formation à l’enseignement”.

1997, c. 96, s. 145.

477.14. The committee shall be composed of nine members appointed by the Minister after consultation with the interested bodies, as follows:

(1)  the chair shall be, alternately, an education sector professional and a person from university education sector;

(2)  three elementary or secondary-level teachers;

(3)  a teaching sector professional;

(4)  three university-level teachers;

(5)  a representative of the university education sector with experience at the preschool, elementary or secondary level.

At least two members of the committee must represent the English-language education sector.

In addition, the Minister may appoint two associate members to the committee, one chosen from among the employees of the Ministère de l’Éducation, du Loisir et du Sport, the other from among the managerial staff of the school boards.

Associate members are not entitled to vote.

1997, c. 96, s. 145; 2005, c. 28, s. 195.

2.  — Mission and functions

1997, c. 96, s. 145.

477.15. The mission of the committee is to advise the Minister on any matter relating to the accreditation of teacher training programs for the elementary and secondary levels.

The committee shall, in the pursuit of its mission,

(1)  examine and approve training teacher programs for the preschool, elementary and secondary levels;

(2)  make recommendations to the Minister concerning teacher training programs required for the issue of teaching licences;

(3)  advise the Minister on the determination of the qualifications required of teachers at the elementary and secondary levels.

1997, c. 96, s. 145.

§ 4 . — Comité d’orientation de la formation du personnel enseignant

1997, c. 96, s. 145.

1.  — Establishment

1997, c. 96, s. 145.

477.16. A teacher training policy committee is hereby established under the name “Comité d’orientation de la formation du personnel enseignant”.

1997, c. 96, s. 145.

477.17. The committee shall be composed of 16 members, 15 of which shall be appointed by the Minister as follows:

(1)  a committee chair;

(2)  six persons holding a pedagogical position at the elementary and secondary levels;

(3)  three members chosen from among the commissioners and the members of the managerial staff of the school boards, including a principal of an institution;

(4)  three representatives of the university education sector;

(5)  a member chosen from among the parents, students or enterprise executives;

(6)  an employee of the Ministère de l’Éducation, du Loisir et du Sport.

At least two members of the committee must represent the English-language education sector.

The chair of the Comité d’agrément des programmes de formation à l’enseignement shall also be a member of the committee.

1997, c. 96, s. 145; 2005, c. 28, s. 195.

2.  — Mission and functions

1997, c. 96, s. 145.

477.18. The mission of the committee is to advise the Minister on any matter relating to the teacher training policy for the elementary and secondary levels.

At the Minister’s request or on its own initiative, the committee may propose guidelines and make recommendations to the Minister concerning

(1)  the identification of teacher training priorities;

(2)  draft regulations relating to teacher training;

(3)  teacher training and professional development;

(4)  any aspect of the teaching profession having a connection with teacher training.

1997, c. 96, s. 145.

§ 4.1 . — Religious Affairs Committee

1.  — Establishment

477.18.1. A Religious Affairs Committee is hereby established.

2000, c. 24, s. 42.

477.18.2. The committee shall be composed of 13 members, including the committee chair, appointed by the Minister after consultation with groups or bodies active in the religious sector or in the education field, as follows:

(1)  two parents of students attending an elementary school and two parents of students attending a secondary school;

(2)  four members of the staff of school boards, including a teacher at the elementary level, a teacher at the secondary level, an education sector professional exercising education functions and a member of the management staff whose functions are related to educational services;

(3)  four representatives of the university education sector, including two from the field of theology, one from the field of philosophy and one from the field of religious sciences;

(4)  an employee of the Ministère de l’Éducation, du Loisir et du Sport.

The member referred to in subparagraph 4 of the first paragraph may not be appointed as the committee chair.

2000, c. 24, s. 42; 2005, c. 28, s. 195.

2.  — Mission and functions

477.18.3. The mission of the committee is to advise the Minister on any matter relating to the place of religion in schools.

The committee may be called upon, in particular, to give its opinion on the orientations to be favoured in this area by the school system and on the adaptation of the school system to the socioreligious evolution of Québec society.

The committee shall approve the confessional aspects of the programs of Catholic or Protestant moral and religious instruction established by the Minister under section 461 and of the local programs of studies in oecumenism; the committee shall also give its opinion on the religious aspects of the local programs of studies in ethics and religious culture submitted to the Minister for approval or established by the Minister.

Before approving the confessional aspects of a program, the committee shall take into account the opinions of the churches concerned; when it is called upon to give its opinion, the committee may consult religious groups and persons or bodies particularly interested in religious issues.

2000, c. 24, s. 42.

§ 5 . — Operation

1997, c. 96, s. 145.

477.19. Members of the council or of the committees shall be appointed for three years.

However, the Minister may appoint one-third of the first members designated by the Minister for one year and another third of the members designated by the Minister for two years.

1997, c. 96, s. 145.

477.20. At the expiry of their terms, the members shall remain in office until reappointed or replaced.

The total duration of successive terms of a member and of any period in which the member remained in office between terms shall not exceed six years. At the end of such a six-year period, a member shall remain in office until replaced.

1997, c. 96, s. 145.

477.21. Any vacancy during a term of office shall be filled, in the manner prescribed for the member’s appointment, for the unexpired portion of the term.

1997, c. 96, s. 145.

477.22. Members of the council or of the committees shall receive no remuneration except in such cases, on such conditions and to such extent as the Government may determine. They are, however, entitled to the reimbursement of expenses incurred in the exercise of their functions on the conditions and to the extent determined by the Government.

1997, c. 96, s. 145.

477.23. The chair shall preside at the meetings of the council or committee and manage its operations.

The Minister shall designate a member of the council or committee to replace the chair if the chair is absent or unable to act.

1997, c. 96, s. 145.

477.24. The quorum at meetings of the council or a committee is the majority of its members.

1997, c. 96, s. 145.

477.25. The council and the committees may hold their meetings anywhere in Québec.

1997, c. 96, s. 145.

477.26. The Minister shall place at the disposal of the council and the committees the department personnel and physical resources they need for the exercise of their missions.

1997, c. 96, s. 145.

§ 6 . — Annual report

1997, c. 96, s. 145.

477.27. The council and each of the committees shall submit to the Minister, not later than 15 November each year, a report of its activities for the school year ending on the preceding 30 June.

1997, c. 96, s. 145.

477.28. The Minister shall table the reports in the National Assembly within 30 days after receiving them if the Assembly is in session or, if it is not sitting, within 30 days of resumption.

1997, c. 96, s. 145.

DIVISION III TRUSTEESHIP

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.

478.1. On request, the person designated by the Minister must identify himself or herself and show a certificate of capacity, signed by the Minister.

1997, c. 96, s. 146.

478.2. The person designated by the Minister may not be prosecuted for acts done in good faith in the exercise of official functions.

1997, c. 96, s. 146.

478.3. The Minister may designate a person to inquire into any matter relating to the quality of educational services or to the administration, organization or operation of any school board or of any of a school board’s educational institutions or of the Comité de gestion de la taxe scolaire de l’île de Montréal.

The person so designated shall be vested, for the purposes of an inquiry, with the immunity and powers of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1997, c. 96, s. 146; 2002, c. 75, s. 31.

478.4. The Minister and the Deputy Minister have ex officio the right and power to make verifications or conduct inquiries.

1997, c. 96, s. 146; 2000, c. 24, s. 43.

479. The Government may, during or after the verification or investigation, order all or part of the powers and functions of a school board or of the Comité de gestion de la taxe scolaire de l’île de Montréal suspended for a period not exceeding six months and appoint an administrator to exercise the powers of the council of commissioners or of the Comité de gestion de la taxe scolaire de l’île de Montréal.

The administrator appointed by the Government may, subject to the rights of third persons in good faith, annul any decision made by the school board or by the Comité de gestion de la taxe scolaire de l’île de Montréal under the powers which have been suspended.

The Government may extend the suspension and the term of office of the administrator for a period not exceeding six months.

1988, c. 84, s. 479; 1990, c. 78, s. 54; 2002, c. 75, s. 31.

CHAPTER VIII OFFENCES AND PENALTIES

480. A commissioner, director general, secretary general or any other person who, after ceasing to hold office at the school board or the Comité de gestion de la taxe scolaire de l’île de Montréal and after being notified by the Minister, the school board or the Comité, does not surrender any money, document or other object that he has in his possession and that belongs to the school board or the Comité, is guilty of an offence.

Service of the notice upon such person must be made at his domicile by a bailiff, who must then make a return of service to the Minister.

1988, c. 84, s. 480; 2002, c. 75, s. 31.

481. Every person who

(1)  votes more than once at the same referendum;

(2)  authorizes a person to vote whose name is not entered on the list of electors;

(3)  votes without being entitled thereto;

(4)  votes or attempts to vote by fraudulently using the name and capacity of an elector or by using the name of a fictitious or deceased person;

(5)  knowingly prints or uses a false ballot paper or alters or counterfeits a ballot paper;

(6)  modifies or imitates the initials of the deputy returning officer;

(7)  acts in the capacity of a representative within the meaning of section 349 when his power of attorney is false;

(8)  is a deputy returning officer and remits a ballot paper to a person refusing to take the required oath;

(9)  is a deputy returning officer and admits a person to vote with the knowledge that he has already voted,

is guilty of an offence.

1988, c. 84, s. 481; 1999, c. 40, s. 158.

482. Every person who

(1)  falsifies the poll book or the return of the poll;

(2)  knowingly destroys a ballot paper before the end of the period for the contestation of the referendum;

(3)  is a returning officer and makes an announcement of the results of the referendum with the knowledge that it does not correspond to the actual results,

is guilty of an offence.

1988, c. 84, s. 482.

483. Every person who is the returning officer for the referendum or an election officer and fraudulently neglects or refuses to act, or acts against any provision of sections 345 to 353 or against any provision of the Act respecting school elections (chapter E-2.3) applicable in the case of a referendum under section 345 of this Act, is guilty of an offence.

1988, c. 84, s. 483.

484. Every person who knowingly violates or attempts to violate the secrecy of voting, inhibits or attempts to inhibit the freedom to vote, prevents or attempts to prevent any procedure relating to the vote, or alters or attempts to alter the results of the referendum, is guilty of an offence.

1988, c. 84, s. 484.

485. Every employer who

(1)  contravenes section 203 or 204 of the Act respecting school elections (chapter E-2.3) at a referendum;

(2)  uses his authority or his influence to incite any of his employees to refuse to become an election officer or to abandon that position after having accepted it,

is guilty of an offence.

1988, c. 84, s. 485; 1989, c. 36, s. 270.

486. (Repealed).

1988, c. 84, s. 486; 1990, c. 4, s. 509; 1999, c. 52, s. 13.

487. Every person who is guilty of an offence described in section 480, in any one of paragraphs 1 to 3, 6 or 8 of section 481 or in section 485 is liable to a fine of not less than $100 nor more than $1,000 in the case of a natural person or, in the case of a legal person, to a fine of not less than $300 nor more than $3,000 and, for any subsequent conviction, to a fine of not less than $200 nor more than $2,000 in the case of a natural person or, in the case of a legal person, to a fine of not less than $600 nor more than $6,000.

1988, c. 84, s. 487; 1990, c. 4, s. 510.

488. Every person who is guilty of an offence described in any one of paragraphs 4, 5, 7 or 9 of section 481, or in any one of sections 482 to 484 is liable to a fine of not less than $500 nor more than $5,000 in the case of a natural person or, in the case of a legal person, to a fine of not less than $1,500 nor more than $15,000 and, for any subsequent conviction, to a fine of not less than $1,000 nor more than $10,000 in the case of a natural person or, in the case of a legal person, to a fine of not less than $3,000 nor more than $30,000.

1988, c. 84, s. 488; 1990, c. 4, s. 511.

489. Every person who, by his act or omission, aids another person to commit an offence may be found guilty of the offence as if he had committed it himself, if he knew or should have known that his act or omission would probably result in aiding to commit the offence.

1988, c. 84, s. 489.

490. Every person who, through encouragement or advice or by means of an order, leads another person to commit an offence may be found guilty of the offence, and of any other offence the other person commits as a result of his encouragement, advice or order, as if he had committed it himself, if he knew or should have known that his encouragement, advice or order would probably result in the commission of the offence.

1988, c. 84, s. 490.

491. The school board or the Comité de gestion de la taxe scolaire de l’île de Montréal may, in accordance with article 10 of the Code of Penal Procedure (chapter C‐25.1), institute penal proceedings for an offence under a provision of this chapter.

1988, c. 84, s. 491; 1990, c. 4, s. 512; 1992, c. 61, s. 357; 1999, c. 52, s. 14; 2002, c. 75, s. 31.

492. The fine imposed for an offence referred to in section 491 belongs to the school board or the Conseil where it has taken charge of the prosecution.

1988, c. 84, s. 492; 1992, c. 61, s. 358.

CHAPTER IX INTERIM ADMINISTRATION

DIVISION I PERIOD OF APPLICATION

493. This chapter only applies during the transitional period beginning 1 July 1989 and ending 30 June of the year following the year of publication of the order respecting territorial division made pursuant to section 111.

1988, c. 84, s. 493.

DIVISION II PROVISIONAL SCHOOL BOARDS

494. This division does not apply to confessional school boards nor to dissentient school boards.

1988, c. 84, s. 494.

495. During the transitional period, every school board and regional school board, whether for Catholics or for Protestants, existing on 30 June 1989 is continued under this Act in its territory and under its name.

1988, c. 84, s. 495.

496. Schools boards thus continued shall be governed by the provisions of Chapters I to VIII which are in force, as if they were French-language or English-language school boards or regional school boards.

These conditions also apply to school boards, whether for Catholics or for Protestants, resulting from any modifications ordered by the Government under sections 114, 116, 117 and 117.1 and regional school boards, whether for Catholics or for Protestants, constituted by the Government under section 356 or created by the modifications ordered by the Government under sections 359, 368 and 369.

1988, c. 84, s. 496; 1991, c. 27, s. 12.

497. The school boards which are contemplated in this division shall belong to either of the following categories: for Catholics or for Protestants.

A school board may be a member of a regional school board belonging to the same category.

However, and notwithstanding section 494, the Greater Québec School Board shall continue to be a member of the Eastern Québec Regional School Board and the provisions of this Act respecting a member school board of a regional school board apply to the Greater Québec School Board in the same manner as to any other member school board of the Eastern Québec Regional School Board.

1988, c. 84, s. 497; 1989, c. 36, s. 271.

498. In addition, the provisions of sections 143 to 153, 179, 189 and 191 with respect to the representative of the parents of the minority of students contemplated in section 146 shall apply to school boards, whether for Catholics or for Protestants, as though they were confessional or dissentient school boards.

The provisions of sections 146 to 148, 179, 189 and 191 relating to the representative of the minority of students contemplated in section 146 also apply to a regional school board for Catholics or for Protestants.

The representatives of the parents of the minority of students contemplated in section 146 who are members of a provisional council referred to in section 118.3 shall not be entitled to vote at sittings of the council.

1988, c. 84, s. 498; 1989, c. 36, s. 272; 1991, c. 27, s. 13.

499. The secretary general of the school board which ceases to form part of a regional school board shall, where necessary, within 30 days of the coming into force of the order, provide for the election of every commissioner representing the parents of the minority of students contemplated in section 146 in accordance with the procedure prescribed in the said section. The persons elected remain in office until they are replaced by persons elected in accordance with that section.

1988, c. 84, s. 499.

500. Where a school board withdraws from a regional school board contemplated in section 362, the secretary general of the regional school board shall, where necessary, within 30 days of the coming into force of the order, provide for the election of every commissioner representing the parents of the minority of students contemplated in section 146 in accordance with the procedure prescribed in the said section. The person elected shall remain in office until he is replaced by a person elected pursuant to the said section.

1988, c. 84, s. 500.

501. In the cases provided for in section 368, the secretaries general of regional school boards whose territories are amalgamated or annexed shall, where necessary, within 30 days before the date on which the modifications take effect, provide jointly for the election of the commissioner representing the parents of the minority of students contemplated in section 146.

In the case provided for in section 369, the secretary general of the school board whose territory is being divided shall, where necessary, assume the same responsibilities in respect of each of the regional school boards resulting from the division.

The election shall be held in accordance with the procedure prescribed in section 146. The persons elected shall remain in office until they are replaced by persons elected pursuant to the said section.

1988, c. 84, s. 501.

502. For the purposes of Division VI of Chapter V relating to the educational services contemplated in section 1, any person who is not a member of the religious denomination, whether Catholic or Protestant, of a school board including a regional school board, whether for Catholics or Protestants, is not under the jurisdiction of that school board.

Nothing in this section shall prevent a school board from providing, according to the terms of an agreement entered into pursuant to section 213, services to persons not under its jurisdiction.

1988, c. 84, s. 502; 1990, c. 8, s. 57; 1990, c. 78, s. 54.

DIVISION III CONFESSIONAL AND DISSENTIENT SCHOOL BOARDS

503. For the purposes of Division VI of Chapter V relating to the educational services contemplated in section 1, any person who is not a member of the religious denomination, whether Catholic or Protestant, of a confessional school board is not under the jurisdiction of that school board.

Nothing in this section shall prevent a confessional school board from providing, according to the terms of an agreement entered into pursuant to section 213, services to persons not under its jurisdiction.

1988, c. 84, s. 503; 1990, c. 8, s. 58; 1990, c. 78, s. 54.

504. For the purposes of Division VI of Chapter V relating to the educational services contemplated in section 1, only a person who so elects shall come under the jurisdiction of a dissentient school board. Any person who is a member of the religious denomination, whether Catholic or Protestant, of the dissentient school board and, unless the dissentient school board decides otherwise, any other person with the exception of a person who is a member of a religious denomination, whether Catholic or Protestant, which is not that of the dissentient school board, may elect to come under the jurisdiction of the dissentient school board.

The election to come under the jurisdiction of a dissentient school board is made by an application for admission to the educational services of that school board, and remains in force until the person makes another election.

Nothing in this section shall prevent a dissentient school board from providing, according to the terms of an agreement entered into pursuant to section 213, educational services to persons not under its jurisdiction.

1988, c. 84, s. 504; 1990, c. 8, s. 59; 1990, c. 78, s. 54.

DIVISION IV SPECIAL PROVISIONS FOR THE ISLAND OF MONTRÉAL

505. (Repealed).

1988, c. 84, s. 505; 2002, c. 75, s. 32.

506. Notwithstanding section 423, the Council shall borrow no money for the purposes of a confessional or dissentient school board on the island of Montréal, unless it borrows money pursuant to an agreement with the school board.

Section 424, the first paragraph of section 425 and section 428 shall apply to a confessional or dissentient school board only to the extent that the bonds or other evidences of indebtedness or securities were issued by the Council pursuant to an agreement contemplated in the first paragraph.

1988, c. 84, s. 506.

507. Failing an agreement with the Council, a confessional or dissentient school board shall be authorized to take out loans in accordance with sections 288 to 290.

The bonds or other evidences of indebtedness or securities issued by a confessional or dissentient school board on the island of Montréal must rank pari passu with all other undertakings of the Council in respect of loans of money not secured by hypothec or other encumbrance.

1988, c. 84, s. 507.

508. (Repealed).

1988, c. 84, s. 508; 1990, c. 28, s. 19.

CHAPTER X ESTABLISHMENT OF FRENCH-LANGUAGE AND ENGLISH-LANGUAGE SCHOOL BOARDS

1997, c. 47, s. 29.

DIVISION I DEFINITIONS

509. In this chapter,

(1)  “existing school board” means any school board as it exists on the date of publication of the territorial division order made pursuant to section 111;

(2)  “new school board” means any French language or English language school board established by the territorial division order.

1988, c. 84, s. 509; 1997, c. 47, s. 30; 1997, c. 47, Schedule (s. 2).

DIVISION II PROVISIONAL COUNCILS OF FRENCH LANGUAGE AND ENGLISH LANGUAGE SCHOOL BOARDS

1997, c. 47, s. 31.

510. A provisional council shall be established for each new French language or English language school board.

All existing school boards, other than regional school boards, to whose educational services provided in schools at least 100 students residing or placed in the territory of the new school board were admitted as of the preceding 30 September to receive instruction in the language of the new school board, shall be concerned by the establishment of the provisional council.

1988, c. 84, s. 510; 1997, c. 47, s. 31.

511. If a single school board is concerned by the establishment of the provisional council, its commissioners as a group shall form the provisional council.

1988, c. 84, s. 511; 1997, c. 47, s. 31.

512. If more than one school board is concerned, the members of the provisional council shall be designated as follows:

(1)  commissioners elected by universal suffrage to the school boards concerned shall be designated by their respective councils of commissioners according to the scale prescribed by section 513;

(2)  two commissioners representing the parents’ committees of the school boards concerned shall be elected by a majority vote of their peers present at the general meeting called pursuant to section 514.3.

1988, c. 84, s. 512; 1997, c. 47, s. 31.

513. The number of commissioners elected by universal suffrage to be assigned to the provisional council by each school board concerned shall be a function of the ratio between the number of its students residing or placed in the territory of the new school board who, as of the preceding 30 September, were admitted to the educational services provided in schools to receive instruction in the language of the new school board and the total number of such students of all the school boards concerned. The number shall be fixed by the Minister, according to the following scale:

(1)  one commissioner if the ratio is less than 10 %;

(2)  two commissioners if the ratio is from 10 % to 18 % exclusive;

(3)  three commissioners if the ratio is from 18 % to 26 % exclusive;

(4)  four commissioners if the ratio is from 26 % to 34 % exclusive;

(5)  five commissioners if the ratio is from 34 % to 42 % exclusive;

(6)  six commissioners if the ratio is from 42 % to 50 % exclusive;

(7)  seven commissioners if the ratio is from 50 % to 58 % exclusive;

(8)  eight commissioners if the ratio is from 58 % to 66 % exclusive;

(9)  nine commissioners if the ratio is from 66 % to 74 % exclusive;

(10)  10 commissioners if the ratio is from 74 % to 82 % exclusive;

(11)  11 commissioners if the ratio is from 82 % to 90 % exclusive;

(12)  12 commissioners if the ratio is 90 % or over.

1988, c. 84, s. 513; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 47, s. 31.

514. The commissioners elected by universal suffrage who may be designated to the provisional council by their respective councils of commissioners are the commissioners who would be entitled to have their names entered on the list of electors of the new school board on the date of designation.

The commissioners representing parents’ committees who may be elected to the provisional council are those who have children residing or placed in the territory of the new school board and who are receiving instruction in the language of the new school board.

1988, c. 84, s. 514; 1997, c. 47, s. 31.

514.1. Where the number of persons on the council of commissioners of a school board concerned or among the commissioners representing the parents’ committees of the school boards concerned who may be designated or elected to the provisional council falls short of the required number, the council of commissioners or the general meeting called pursuant to section 514.3 shall complete its representation by designating or electing persons domiciled in the territory of the new school board who have the required status.

1997, c. 47, s. 31.

514.2. For the purposes of section 15 of the Act respecting school elections (chapter E-2.3), in the cases described in the first paragraph of section 514 and in section 514.1, children admitted to educational services provided in schools of an existing school board are deemed to be admitted to the educational services of a French language school board or, if they receive instruction in English, they are deemed to be admitted to the educational services of an English language school board; furthermore, the date of admission to educational services shall be 30 September of the year preceding the year of publication of the territorial division order.

1997, c. 47, s. 31.

514.3. The meetings of the councils of commissioners and the general meeting called to designate or elect the members of the provisional council shall be held within 30 days after the date of publication of the territorial division order. Such meetings and general meeting shall be called by a person appointed in writing by the Minister, by means of a notice of at least seven clear days transmitted to each person concerned by such provisions.

The person appointed by the Minister shall preside over the election of the members referred to in paragraph 2 of section 512; the election procedure shall be determined by that person.

1997, c. 47, s. 31.

514.4. The person appointed by the Minister shall call the members of the provisional council to the first meeting of the council within 15 days after the date on which the designation and election of members are completed.

The provisional council shall choose its chairman and its vice-chairman from among the commissioners elected by universal suffrage.

1997, c. 47, s. 31.

514.5. Before the calling of the meetings and general meeting referred to in section 514.3, the Minister shall publish in the Gazette officielle du Québec a notice indicating, opposite the name of each new school board, the number of commissioners elected by universal suffrage to be assigned to the provisional council by each school board concerned and the name of the person appointed to exercise the functions specified in sections 514.3 and 514.4.

Within the same time, the Minister shall send a copy of the notice to the council of commissioners and parents’ committee of each school board concerned.

1997, c. 47, s. 31; 1997, c. 47, Schedule (s. 3).

515. The operation of a provisional council shall be governed by sections 158 to 178, except section 174, adapted as required; for that purpose, the word “commissioner” shall designate a member of the provisional council.

Sections 167 to 168.1, adapted as required, apply to the operation of the executive committee of the new school board.

The commissioners representing the parents’ committees referred to in paragraph 2 of section 512 shall have the same rights, powers and obligations as the other members of the provisional council, except the right to vote.

1988, c. 84, s. 515; 1997, c. 47, s. 31; 1997, c. 96, s. 156.

DIVISION II.1

Repealed, 1997, c. 47, Schedule (s. 4).

1990, c. 78, s. 17; 1997, c. 47, s. 31; 1997, c. 47, Schedule (s. 4).

515.1. (Repealed).

1990, c. 78, s. 17; 1997, c. 47, s. 31; 1997, c. 47, Schedule (s. 4).

515.2. (Repealed).

1990, c. 78, s. 17; 1997, c. 47, s. 31; 1997, c. 47, Schedule (s. 4).

515.3. (Repealed).

1990, c. 78, s. 17; 1997, c. 47, s. 31; 1997, c. 47, Schedule (s. 4).

515.4. (Repealed).

1990, c. 78, s. 17; 1997, c. 47, s. 31; 1997, c. 47, Schedule (s. 4).

515.5. (Repealed).

1997, c. 47, s. 31; 1997, c. 47, Schedule (s. 4).

515.6. (Repealed).

1997, c. 47, s. 31; 1997, c. 47, Schedule (s. 4).

515.7. (Repealed).

1997, c. 47, s. 31; 1997, c. 47, Schedule (s. 4).

515.8. (Repealed).

1997, c. 47, s. 31; 1997, c. 47, Schedule (s. 4).

515.9. (Repealed).

1997, c. 47, s. 31; 1997, c. 47, Schedule (s. 4).

DIVISION II.2 FUNCTIONS AND POWERS OF PROVISIONAL COUNCILS

1990, c. 78, s. 18.

§ 1 . — General provisions

1997, c. 47, s. 32.

516. The provisional council is responsible for taking the preliminary measures leading to the operation of the new school board in its territory from 1 July in the year following the year of publication of the territorial division order and the measures necessary for organizing the first school year commencing on that date.

For this purpose, the provisional council shall exercise the functions and powers of the new school board as if it were the council of commissioners thereof.

1988, c. 84, s. 516; 1990, c. 78, s. 54; 1997, c. 47, s. 52.

517. The provisional council may, for its purposes, requisition staff from the existing school boards, but only after obtaining their authorization.

The provisional council shall appoint the director general of the new school board, subject to the norms of transfer and reassignment prescribed by regulation of the Minister.

The director general shall take office on the day of his appointment.

1988, c. 84, s. 517; 1997, c. 47, s. 33.

518. The provisional council may, by by-law, delegate the exercise of certain of its powers and functions to the director general.

1988, c. 84, s. 518.

518.1. Not later than 1 March of the year following the year of publication of the territorial division order, the provisional council shall proceed with admissions to educational services provided in schools for the school year beginning in the same year.

1997, c. 47, s. 34; 1997, c. 47, Schedule (s. 5).

519. The provisional council, in co-operation with the other provisional councils concerned, shall decide as to the allocation of the rights of ownership in the immovables of the existing school boards situated in the territory of the new school board.

However, an immovable premises of which are, on 24 April 1997, at the disposal of one or more schools which provide instruction exclusively in the language of the new school board shall be allocated to the new school board, except where the provisional councils concerned decide otherwise.

Registration of the transfer of ownership of immovables shall be made in accordance with the provisions of section 121.

1988, c. 84, s. 519; 1997, c. 47, s. 35.

520. The provisional council shall establish a three-year plan of allocation and destination of immovables distributed to the new school board; the plan shall be sent to every town or regional county municipality responsible for the management of a land use planning and development plan applicable to the whole or a part of the territory of the school board and to each metropolitan community responsible for the preparation or management of a metropolitan land use and development plan applicable to that territory or intended to apply to that territory.

The provisional council shall then establish the list of schools and, where applicable, of vocational training and adult education centers operated by the new school board and issue deeds of establishment to them.

The deeds of establishment have effect from 1 July in the year following the year of publication of the territorial division order.

A school established in premises or immovables which were, on 30 June of that year, at the disposal of a school recognized as Catholic or Protestant shall retain that recognition until the Catholic committee or the Protestant committee revokes it of its own initiative or at the request of the provisional council or the new school board.

Moreover, a school established in premises or immovables which were under the jurisdiction of a confessional or dissentient school board is deemed to be a school recognized as Catholic or Protestant according to the religious confession of the confessional or dissentient school board. The school shall retain that recognition until the Catholic committee or the Protestant committee revokes it of its own initiative or at the request of the provisional council or the new school board.

1988, c. 84, s. 520; 1997, c. 47, s. 36, s. 52; 1997, c. 96, s. 157; 1997, c. 47, Schedule (s. 6); 1999, c. 28, s. 2; 2000, c. 56, s. 162; 2002, c. 68, s. 52.

521. The provisional council, in co-operation with the other provisional councils concerned, shall decide as to the allocation of the rights, other than the rights of ownership in immovables, and obligations of the existing school boards situated wholly or partly within the territory of the new school board.

However, the bonded debt of the Commission des écoles catholiques de Montréal and that of the Protestant School Board of Greater Montréal shall be disregarded.

1988, c. 84, s. 521; 1997, c. 47, s. 37; 1997, c. 96, s. 158.

522. (Repealed).

1988, c. 84, s. 522; 1997, c. 47, s. 38.

523. In addition, the provisional council shall

(1)  (paragraph repealed);

(2)  allocate the educational services among the schools and, as the case may be, among the vocational training centres and the adult education centres;

(3)  establish criteria for the enrolment of students and provide for the enrolment for the school year following the year of publication of the territorial division order;

(4)  allocate financial resources among the schools and, where applicable, the vocational training centres and the adult education centres;

(5)  establish the budget of the schools, the vocational training centres and the adult education centres;

(6)  adopt the budget of the new school board for the school year commencing in the year following that of the publication of the territorial division order;

(7)  fix the school tax rate for that school year, for which purpose sections 302 to 353 apply, adapted as required, to the provisional council; in the case of school boards of the island of Montréal and the Conseil scolaire de l’île de Montréal, sections 434 to 444 apply, adapted as required.

For the purposes of section 306, the notice provided for in the second paragraph of that section may be transmitted before 15 June.

1988, c. 84, s. 523; 1997, c. 47, s. 39, s. 52; 1997, c. 96, s. 159.

§ 2 . — Special provisions respecting the transfer and reassignment of personnel

1997, c. 47, s. 40.

523.1. The personnel of an existing school board shall be distributed among and transferred to the school boards concerned in accordance with the applicable transfer and reassignment standards and procedure, which may not operate to reduce the conditions of employment that are in force, particularly those relating to the right of a person who is in a bargaining unit to be recalled to work.

1997, c. 47, s. 40.

523.2. The transfer standards and procedure are provisions that allow the employer of a personnel member to be determined as of 1 July of the year following the year of publication of the territorial division order. The transfer of a personnel member does not sever the employment relationship.

The reassignment standards and procedure applicable to teachers are provisions concerning the application of the assignment process provided for in the applicable conditions of employment.

The reassignment standards and procedure applicable to employees who are non-teaching personnel are provisions that allow them to be assigned a position or a place of employment as of 1 July of the year following the year of publication of the territorial division order.

1997, c. 47, s. 40.

523.3. The transfer and reassignment standards and procedure applicable to personnel who are not represented by a certified association within the meaning of the Labour Code (chapter C-27), as well as the rights of and remedies available to a person who believes he has been wronged in the application of such standards and procedure, shall be determined by regulation of the Minister, after consulting the associations representative, at the provincial level, of management personnel.

The Regulations Act (chapter R-18.1) does not apply to such regulation or proposed regulation. The regulation comes into force on the date of its publication in the Gazette officielle du Québec.

1997, c. 47, s. 40.

523.4. The transfer and reassignment standards and procedure applicable to personnel who are employees represented by a certified association within the meaning of the Labour Code (chapter C-27), and the rights of and remedies available to such an employee who believes he has been wronged in the application of such standards and procedure, shall be negotiated and ratified by the management and union parties in the education sector identified in the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2).

The management and union parties may also negotiate and ratify conditions of employment incidental to the transfer and reassignment of employees.

1997, c. 47, s. 40.

523.5. Failing an agreement between the management and union parties before 30 November of the year of publication of the territorial division order, the disagreement shall be submitted to a single arbitration tribunal established for each class of personnel referred to in section 29 of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2).

However, if the disagreement concerns the support staff class, it shall be submitted to a single arbitrator.

1997, c. 47, s. 40.

523.6. The arbitration tribunal shall be composed of one person designated by the management negotiating committees referred to in paragraphs 1 and 2 of section 30 of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2), of one person designated by the groups of associations of employees referred to in section 26 of the said Act and of a president appointed by agreement between the persons so designated or, failing agreement, appointed by the Minister of Labour.

If a party fails to designate a representative, the tribunal may proceed in the absence of that party’s representative.

The single arbitrator shall be appointed by agreement between the management negotiating committees referred to in paragraphs 1 and 2 of section 30 of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors and the groups of associations of employees referred to in section 26 of the said Act or, failing agreement, by the Minister of Labour.

The members of the tribunal or the single arbitrator shall be designated before 5 December of the year of publication of the territorial division order.

1997, c. 47, s. 40.

523.7. Where the employees of a class are represented by different negotiating agents, each agent may intervene during the arbitration and make any recommendations the agent considers fair and expedient.

1997, c. 47, s. 40.

523.8. The arbitration award shall determine the transfer and reassignment standards and procedure, and the rights of and remedies available to an employee who believes he has been wronged in the application of such standards and procedure.

The tribunal or the single arbitrator may also determine any condition of employment it or he considers incidental to the transfer and reassignment of an employee.

The arbitration award must operate to determine the employer and assignment of every employee who would have been in the employ of an existing school board on 1 July of the year following the year of publication of the territorial division order; the award may not operate to require a school board to hire a greater number of employees than the total number of employees entitled to transfer and reassignment.

The award may not operate to provide conditions of employment that entail higher costs than those entailed by the application of the conditions of employment applicable at the time the disagreement was submitted to arbitration, or to increase the staff.

1997, c. 47, s. 40.

523.9. The decision must be rendered by the arbitration tribunal or the single arbitrator not later than 15 January of the year following the year of publication of the territorial division order.

1997, c. 47, s. 40.

523.10. The management and union parties may agree on any mechanism for settling disputes other than the mechanism provided for in sections 523.5 to 523.9; they may, in particular, agree to substitute a single arbitrator for the arbitration tribunal.

1997, c. 47, s. 40.

523.11. The provisional council shall establish the administrative structure of the new school board and determine, in co-operation with the other provisional councils concerned, the distribution of the personnel not represented by a certified association within the meaning of the Labour Code (chapter C-27) in accordance with the transfer and reassignment standards and procedure referred to in section 523.3.

1997, c. 47, s. 40.

523.12. The provisional council shall prepare a staffing plan to determine the staffing needs of the new school board in respect of each class of employees represented by a certified association within the meaning of the Labour Code (chapter C-27) and shall, in co-operation with the other provisional councils concerned, prepare a transfer plan. The staffing and transfer plans shall be prepared in accordance with the standards and procedure established pursuant to sections 523.4 to 523.10.

1997, c. 47, s. 40.

523.13. The provisional council shall consult the associations representative of the personnel concerned concerning the establishment of the administrative structure of the new school board and the distribution plan for the personnel not represented by a certified association within the meaning of the Labour Code (chapter C-27).

The provisional council shall also consult the associations of employees concerning the establishment of the administrative structure of the new school board.

1997, c. 47, s. 40.

523.14. The provisional council shall transmit a copy of the distribution plan for the personnel not represented by a certified association within the meaning of the Labour Code (chapter C-27) and a copy of the transfer plan for the other personnel members to each representative association, within an existing school board, of a class of personnel affected by the plans.

1997, c. 47, s. 40.

523.15. No later than 30 June of the year following the year of publication of the territorial division order, the provisional council shall give written notice to each personnel member of the name of his employer as of 1 July of that year.

1997, c. 47, s. 40.

523.16. The provisional council shall reassign the personnel members who are employees represented by a certified association within the meaning of the Labour Code (chapter C-27) in accordance with the conditions of employment applicable on 1 July of the year following the year of publication of the territorial division order and with the transfer and reassignment standards and procedure established pursuant to sections 523.4 to 523.10.

1997, c. 47, s. 40.

DIVISION III EXISTING SCHOOL BOARDS

524. No existing school board may, from the establishment of a provisional council, validly contract an obligation extending beyond 30 June in the year following the year of the coming into force of the territorial division order or having effect after that date, except with the authorization of the provisional council of the new school board. Nor may an existing school board fill a vacancy in a position that must be held by a personnel member who is not represented by a certified association within the meaning of the Labour Code (chapter C-27) otherwise than by way of a provisional appointment or assignment.

During the period contemplated in the first paragraph, every existing school board must, in each case where it is required to obtain the authorization of the Minister of Education, forward to the provisional council of the new school board a copy of the application regarding which the provisional council may make any recommendation it deems expedient to the Minister relating to the matter.

This section does not apply to a loan in respect of which a subsidy is granted by the Minister pursuant to section 476.

1988, c. 84, s. 524; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 47, s. 41, s. 52; 1997, c. 96, s. 160.

525. (Repealed).

1988, c. 84, s. 525; 1989, c. 36, s. 273; 1997, c. 47, s. 42.

526. Every existing school board shall

(1)  make an inventory of its rights and obligations and transmit it to the provisional council of the new school board in its territory within the time and in the manner prescribed by the provisional council;

(2)  furnish to the provisional council of the new school board in its territory any information or document it may require for the performance of its functions;

(3)  fulfil the obligations prescribed in this chapter with respect to the provisional council of each interested new school board, where it is situated in the territory of more than one new school board.

1988, c. 84, s. 526.

527. All existing school boards cease to exist on 1 July in the year following the year of publication of the territorial division order.

1988, c. 84, s. 527; 1997, c. 47, s. 43, s. 52.

DIVISION IV

Repealed, 1997, c. 98, s. 20; 1997, c. 47, Schedule (s. 8, s. 9).

1997, c. 98, s. 20; 1997, c. 47, Schedule (s. 8, s. 9).

528. (Repealed).

1988, c. 84, s. 528; 1997, c. 98, s. 20.

529. (Repealed).

1988, c. 84, s. 529; 1990, c. 78, s. 20; 1997, c. 47, s. 44; 1997, c. 98, s. 20.

529.1. (Repealed).

1997, c. 47, s. 44; 1997, c. 98, s. 20.

529.2. (Repealed).

1997, c. 47, s. 44; 1997, c. 98, s. 20.

530. (Repealed).

1988, c. 84, s. 530; 1990, c. 78, s. 54; 1997, c. 47, s. 45, s. 52; 1997, c. 98, s. 20.

530.1. (Repealed).

1997, c. 47, s. 46; 1997, c. 47, Schedule (s. 8).

530.2. (Repealed).

1997, c. 47, s. 46; 1997, c. 98, s. 20; 1997, c. 47, Schedule (s. 9).

DIVISION IV.1 UNION REPRESENTATION

1997, c. 47, s. 46.

530.3. The provisions of the Labour Code (chapter C-27) relating to union representation apply, except where incompatible with the provisions of this division.

Notwithstanding section 23 of the Labour Code, the labour commissioner general may appoint any person temporarily to ensure the carrying out of this division.

1997, c. 47, s. 46.

530.4. Any association of employees representing personnel of a class of employees that is certified, as of 30 June of the year following the year of publication of the territorial division order or as of the date of the transfer notice referred to in section 523.15, to represent a group of employees of the same class within an existing school board whose territory wholly or partly coincides with the territory of the new school board shall be entitled to apply for certification to represent that group of employees.

1997, c. 47, s. 46.

530.5. An application for certification shall be made by means of a petition filed not later than 30 September at the office of the labour commissioner general.

The petition shall be accompanied by a copy of the decision certifying the petitioning association, and by any other information required in the form provided to that end by the labour commissioner general, except applications for membership.

1997, c. 47, s. 46.

530.6. Failure to file the petition for certification at the office of the labour commissioner general within the prescribed time entails dismissal of the petition.

1997, c. 47, s. 46.

530.7. Upon receipt of one or more petitions, the labour commissioner general shall proceed as follows:

(1)  if he comes to the conclusion that the petitioning association is the only association possessing certification in the territory of the new school board or that the petitioning association is the only association to have filed a petition, he shall certify it and indicate what group of employees constitutes the bargaining unit;

(2)  if he comes to the conclusion that the petitioning association has obtained the agreement of all associations of employees entitled to certification to represent a group of employees, he shall certify the petitioning association and indicate what group of employees constitutes the bargaining unit;

(3)  if he comes to the conclusion that all petitioning associations have agreed that one petitioning association be certified to represent a group of employees, he shall certify that petitioning association and indicate what group of employees constitutes the bargaining unit;

(4)  if he comes to the conclusion that all the petitioning associations agree to amalgamate into a single association, he shall certify the association resulting from the amalgamation and indicate what group of employees constitutes the bargaining unit;

(5)  if he comes to the conclusion that there is no agreement between the petitioning associations as to certification of one association to represent a group of employees, he shall determine what group of employees constitutes the bargaining unit and order a vote by secret ballot.

1997, c. 47, s. 46.

530.8. Only employees who are in a bargaining unit may participate in the secret ballot vote.

All employees whose names appear on the new school board’s transfer plan as of 1 July of the year following the year of publication of the territorial division order are presumed to form the bargaining unit for the purposes of the vote.

The vote by secret ballot shall be held under the responsibility of the labour commissioner general and in the manner he determines, and shall take place not later than 31 January of the year which follows the year following the year of publication of the territorial division order.

1997, c. 47, s. 46.

530.9. Where there is a disagreement by reason of the fact that the persons actually forming part of a bargaining unit as of 1 July of the year following the year of publication of the territorial division order are not the same as the persons whose names appear on the transfer plan, an association entitled to certification or the new school board may file a petition with the labour commissioner general asking that he decide the matter. Such a petition shall not prevent the certification of the association having received the greatest number of votes.

If the labour commissioner to whom the matter is referred determines that granting the petition could affect the result of the vote, he shall settle the disagreement and, if necessary, order a new vote by secret ballot.

Where a different association is awarded certification, the only conditions of employment applicable from the date of the final judgment shall be those in force on 30 June of the year following the year of publication of the territorial division order to which that association was a party.

1997, c. 47, s. 46.

530.10. The newly certified association shall be subrogated by operation of law to the rights and obligations arising out of a collective agreement to which a certified association it replaces was a party.

1997, c. 47, s. 46.

530.11. Fifteen days after the decision made under section 530.7, the only conditions of employment applicable to a group of employees shall be those in force before that date to which the association having obtained certification in accordance with this division was a party.

Where the newly certified association was a party to two or more collective agreements or in the case of a voluntary amalgamation referred to in paragraph 4 of section 530.7, the conditions of employment applicable shall be those provided in the collective agreement chosen by agreement between the management and union parties from among the collective agreements applicable to the employees concerned or, failing an agreement, those provided in the collective agreement applicable to the largest group of employees.

Any other conditions of employment applicable, at that date, to employees of that group shall lapse in respect of those employees from that date.

1997, c. 47, s. 46.

530.12. Notwithstanding the second and third paragraphs of section 530.11, every employee of the support staff shall retain

(1)  the right to cash out any cash-convertible sick-leave days to his credit if he is entitled thereto under the conditions of employment applicable to him at 30 June of the year following the year of publication of the territorial division order, according to the value and terms and conditions determined in those conditions of employment;

(2)  the non-cash-convertible sick-leave days he has accumulated at 30 June of that year, if he is entitled thereto under the conditions of employment applicable to him as of that date;

(3)  the right to housing, if he is entitled thereto at 30 June of that year.

1997, c. 47, s. 46.

530.13. If, in the case of teaching personnel, the conditions of employment applicable to the association having obtained certification do not contain provisions governing the assignment of teachers, the newly certified association shall choose, from among the collective agreements applicable before its certification, provisions governing the assignment of teachers. Such provisions shall form part of the applicable conditions of employment.

1997, c. 47, s. 46.

DIVISION V MISCELLANEOUS AND TRANSITIONAL PROVISIONS

531. The sums required for the application of this chapter are taken out of the sums that the existing school boards are required to pay to the provisional council; the sums are determined by the provisional council with the approval of the Minister of Education and must be taken out of the revenues provided for in the budget of each existing school board, according to the terms and conditions determined by the Minister of Education.

1988, c. 84, s. 531; 1993, c. 51, s. 72; 1994, c. 16, s. 50.

532. The Minister shall see that the provisional councils of the new school boards receive the information and assistance necessary for the carrying into effect of this chapter in their territory.

1988, c. 84, s. 532.

533. The Minister shall rule on any dispute between the provisional councils and the existing school boards except disputes respecting the transfer and reassignment of personnel who are members of a certified association within the meaning of the Labour Code (chapter C-27) or personnel for whom a regulation of the Minister provides a special recourse.

1988, c. 84, s. 533; 1997, c. 47, s. 47; 1997, c. 96, s. 161; 1997, c. 47, Schedule (s. 10).

534. The provisional council of every existing school board ceases to exist on 1 July in the year following the year of publication of the territorial division order.

1988, c. 84, s. 534; 1997, c. 47, s. 48, s. 52.

535. On 1 July in the year following the year of publication of the territorial division order, the rights and obligations of any existing school board become the rights and obligations of the new school boards having jurisdiction in its territory, to the extent provided in the plan of allocation of rights and obligations established under sections 519 and 521.

1988, c. 84, s. 535; 1997, c. 47, s. 52.

536. (Repealed).

1988, c. 84, s. 536; 1997, c. 47, s. 49.

537. Any accumulated deficit on 30 June 1980 of an existing school board or an expense of an existing board resulting from a judgment by a court or the Bureau de révision de l’évaluation foncière or from an arbitration award in respect of a cause of action existing before 30 June 1980 shall be made up by means of a special tax or a loan repaid by means of a special annual tax in accordance with the conditions determined by the Minister. Where required by the Minister, the special tax shall be levied and collected in the territory of the existing school board that incurred the deficit or expense.

Notwithstanding sections 308, 440 and 444, the special tax is not subject to the approval of the electors.

1988, c. 84, s. 537.

538. Any bonded debt of an existing school board becomes the bonded debt of the new school board in accordance with the allocation under section 521.

The bonded debt of the Commission des écoles catholiques de Montréal and that of the Protestant School Board of Greater Montréal become the bonded debt of the Conseil scolaire de l’Île de Montréal.

The school tax levied by the existing school boards to discharge the bonded debt contracted before 1 July 1980 becomes, in accordance with the rules referred to in the first paragraph, a special tax of the new school board. The special tax is levied in the whole territory of the new school board according to the initial conditions and, notwithstanding sections 308 and 440, is not subject to the approval of the electors.

1988, c. 84, s. 538; 1997, c. 96, s. 162.

539. The members of the Conseil scolaire de l’île de Montréal in office on 30 June of the year following the year of publication of the territorial division order shall remain in office until they are replaced or reappointed.

1988, c. 84, s. 539; 1997, c. 47, s. 52.

540. The Government may, by regulation, adopt any other transitional provision to remedy any omission in order to ensure the carrying out of this Act in the territory of a new school board on 1 July in the year following the year of publication of the territorial division order.

The Regulations Act (chapter R-18.1) does not apply to such regulation or proposed regulation.

Every regulation made under this section comes into force on the date of its publication in the Gazette officielle du Québec or on any later date fixed therein. A regulation may, however, once published and if it so provides, apply from any date not prior to the date of publication of the territorial division order.

1988, c. 84, s. 540; 1997, c. 47, s. 50, s. 52.

CHAPTER XI CONCORDANCE PROVISIONS

ACT RESPECTING ACCESS TO DOCUMENTS HELD BY PUBLIC BODIES AND THE PROTECTION OF PERSONAL INFORMATION

541. (Amendment integrated into c. A-2.1, s. 6).

1988, c. 84, s. 541.

ACT RESPECTING THE CREE REGIONAL AUTHORITY

542. (Amendment integrated into c. A-6.1, Schedule).

1988, c. 84, s. 542.

ARCHIVES ACT

543. (Amendment integrated into c. A-21.1, Schedule).

1988, c. 84, s. 543.

ACT RESPECTING THE NATIONAL ASSEMBLY

544. (Amendment integrated into c. A-23.1, s. 57).

1988, c. 84, s. 544.

ACT RESPECTING INSURANCE

545. (Amendment integrated into c. A-32, s. 93.247).

1988, c. 84, s. 545.

ACT RESPECTING THE BUREAU DE LA STATISTIQUE

546. (Amendment integrated into c. B-8, s. 7).

1988, c. 84, s. 546.

CHARTER OF THE FRENCH LANGUAGE

547. (Amendment integrated into c. C-11, s. 79).

1988, c. 84, s. 547.

548. (Amendment integrated into c. C-11, s. 88).

1988, c. 84, s. 548.

549. (Amendment integrated into c. C-11, s. 208.1).

1988, c. 84, s. 549.

550. (Amendment integrated into c. C-11, Schedule).

1988, c. 84, s. 550.

CITIES AND TOWNS ACT

551. (Amendment integrated into c. C-19, s. 500).

1988, c. 84, s. 551.

552. (Omitted).

1988, c. 84, s. 552.

CODE OF CIVIL PROCEDURE

553. (Amendment integrated into c. C-25, a. 629).

1988, c. 84, s. 553.

554. (Amendment integrated into c. C-25, a. 696).

1988, c. 84, s. 554.

MUNICIPAL CODE OF QUÉBEC

555. (Amendment integrated into c. C-27.1, a. 986).

1988, c. 84, s. 555.

556. (Amendment integrated into c. C-27.1, a. 1022).

1988, c. 84, s. 556.

557. (Amendment integrated into c. C-27.1, a. 1023).

1988, c. 84, s. 557.

558. (Amendment integrated into c. C-27.1, a. 1024).

1988, c. 84, s. 558.

GENERAL AND VOCATIONAL COLLEGES ACT

559. (Amendment integrated into c. C-29, s. 6.1).

1988, c. 84, s. 559.

560. (Amendment integrated into c. C-29, s. 6.3).

1988, c. 84, s. 560.

ACT RESPECTING THE COMMISSION MUNICIPALE

561. (Amendment integrated into c. C-35, s. 65).

1988, c. 84, s. 561.

ACT RESPECTING PUBLIC INQUIRY COMMISSIONS

562. (Amendment integrated into c. C-37, s. 14).

1988, c. 84, s. 562.

ACT RESPECTING THE COMMUNAUTÉ RÉGIONALE DE L’OUTAOUAIS

563. (Amendment integrated into c. C-37.1, s. 196).

1988, c. 84, s. 563.

ACT RESPECTING THE COMMUNAUTÉ URBAINE DE MONTRÉAL

564. (Amendment integrated into c. C-37.2, s. 290).

1988, c. 84, s. 564.

565. (Amendment integrated into c. C-37.2, s. 330).

1988, c. 84, s. 565.

ACT RESPECTING THE COMMUNAUTÉ URBAINE DE QUÉBEC

566. (Amendment integrated into c. C-37.3, s. 216).

1988, c. 84, s. 566.

CHARTERED ACCOUNTANTS ACT

567. (Amendment integrated into c. C-48, s. 28).

1988, c. 84, s. 567.

ACT RESPECTING THE CONSEIL SUPÉRIEUR DE L’ÉDUCATION

568. (Amendment integrated into c. C-60, s. 22).

1988, c. 84, s. 568.

569. (Amendment integrated into c. C-60, s. 23).

1988, c. 84, s. 569.

570. (Amendment integrated into c. C-60, s. 30).

1988, c. 84, s. 570.

571. (Amendment integrated into c. C-60, s. 31).

1988, c. 84, s. 571.

572. (Amendment integrated into c. C-60, s. 32).

1988, c. 84, s. 572.

ACT RESPECTING THE CONSERVATION AND DEVELOPMENT OF WILDLIFE

573. (Amendment integrated into c. C-61.1, s. 151).

1988, c. 84, s. 573.

ACT RESPECTING SECURITY FUND CORPORATIONS

574. (Amendment integrated into c. C-69.1, s. 36).

1988, c. 84, s. 574.

575. (Amendment integrated into c. C-69.1, s. 38).

1988, c. 84, s. 575.

ACT RESPECTING MUNICIPAL AND INTERMUNICIPAL TRANSIT CORPORATIONS

576. (Amendment integrated into c. C-70, s. 66).

1988, c. 84, s. 576.

FORESTRY CREDIT ACT

577. (Amendment integrated into c. C-78, s. 46.2).

1988, c. 84, s. 577.

ACT TO PROMOTE FOREST CREDIT BY PRIVATE INSTITUTIONS

578. (Amendment integrated into c. C-78.1, s. 55).

1988, c. 84, s. 578.

ACT RESPECTING MUNICIPAL AND SCHOOL DEBTS AND LOANS

579. (Amendment integrated into c. D-7, title of the Act).

1988, c. 84, s. 579.

580. (Amendment integrated into c. D-7, s. 15).

1988, c. 84, s. 580.

581. (Amendment integrated into c. D-7, s. 15.1).

1988, c. 84, s. 581.

582. (Amendment integrated into c. D-7, s. 16).

1988, c. 84, s. 582.

583. (Amendment integrated into c. D-7, s. 17).

1988, c. 84, s. 583.

584. (Amendment integrated into c. D-7, s. 20).

1988, c. 84, s. 584.

585. (Amendment integrated into c. D-7, s. 21).

1988, c. 84, s. 585.

586. (Amendment integrated into c. D-7, s. 23).

1988, c. 84, s. 586.

587. (Amendment integrated into c. D-7, s. 26).

1988, c. 84, s. 587.

588. (Omitted).

1988, c. 84, s. 588.

589. (Amendment integrated into c. D-7, s. 36).

1988, c. 84, s. 589.

590. (Amendment integrated into c. D-7, s. 42).

1988, c. 84, s. 590.

591. (Omitted).

1988, c. 84, s. 591.

592. (Omitted).

1988, c. 84, s. 592.

ACT RESPECTING PRIVATE EDUCATION

593. (Amendment integrated into c. E-9, s. 1).

1988, c. 84, s. 593.

594. (Amendment integrated into c. E-9, s. 14.1).

1988, c. 84, s. 594.

595. (Amendment integrated into c. E-9, s. 17.1).

1988, c. 84, s. 595.

596. (Amendment integrated into c. E-9, s. 21).

1988, c. 84, s. 596.

597. (Amendment integrated into c. E-9, s. 31).

1988, c. 84, s. 597.

598. (Amendment integrated into c. E-9, s. 34).

1988, c. 84, s. 598.

599. (Amendment integrated into c. E-9, s. 38).

1988, c. 84, s. 599.

600. (Amendment integrated into c. E-9, s. 42).

1988, c. 84, s. 600.

601. (Amendment integrated into c. E-9, s. 43).

1988, c. 84, s. 601.

602. (Amendment integrated into c. E-9, s. 44).

1988, c. 84, s. 602.

603. (Amendment integrated into c. E-9, s. 45).

1988, c. 84, s. 603.

604. (Amendment integrated into c. E-9, s. 46).

1988, c. 84, s. 604.

605. (Amendment integrated into c. E-9, s. 48).

1988, c. 84, s. 605.

606. (Amendment integrated into c. E-9, s. 56).

1988, c. 84, s. 606.

607. (Amendment integrated into c. E-9, s. 59).

1988, c. 84, s. 607.

608. (Amendment integrated into c. E-9, s. 59.2).

1988, c. 84, s. 608.

609. (Amendment integrated into c. E-9, s. 59.3).

1988, c. 84, s. 609.

ACT TO SECURE THE HANDICAPPED IN THE EXERCISE OF THEIR RIGHTS

610. (Amendment integrated into c. E-20.1, s. 25).

1988, c. 84, s. 610.

611. (Amendment integrated into c. E-20.1, s. 26).

1988, c. 84, s. 611.

EXPROPRIATION ACT

612. (Amendment integrated into c. E-24, s. 37).

1988, c. 84, s. 612.

ACT RESPECTING MUNICIPAL TAXATION

613. (Amendment integrated into c. F-2.1, s. 1).

1988, c. 84, s. 613.

614. (Amendment integrated into c. F-2.1, s. 153).

1988, c. 84, s. 614.

615. (Amendment integrated into c. F-2.1, s. 177).

1988, c. 84, s. 615.

616. (Amendment integrated into c. F-2.1, s. 180).

1988, c. 84, s. 616.

617. (Amendment integrated into c. F-2.1, s. 495).

1988, c. 84, s. 617.

618. (Omitted).

1988, c. 84, s. 618.

HYDRO-QUÉBEC ACT

619. (Amendment integrated into c. H-5, s. 40).

1988, c. 84, s. 619.

EDUCATION ACT

620. (Amendment integrated into c. I-14, title of the Act).

1988, c. 84, s. 620.

621. (Amendment integrated into c. I-14, s. 568).

1988, c. 84, s. 621.

622. (Amendment integrated into c. I-14, s. 569).

1988, c. 84, s. 622.

623. (Amendment integrated into c. I-14, s. 571).

1988, c. 84, s. 623.

624. (Amendment integrated into c. I-14, s. 572).

1988, c. 84, s. 624.

625. (Amendment integrated into c. I-14, s. 573).

1988, c. 84, s. 625.

626. (Amendment integrated into c. I-14, s. 575).

1988, c. 84, s. 626.

627. (Amendment integrated into c. I-14, s. 579).

1988, c. 84, s. 627.

628. (Amendment integrated into c. I-14, s. 580).

1988, c. 84, s. 628.

629. (Amendment integrated into c. I-14, ss. 582.1-582.11).

1988, c. 84, s. 629.

630. (Amendment integrated into c. I-14, s. 585).

1988, c. 84, s. 630.

631. (Amendment integrated into c. I-14, s. 587).

1988, c. 84, s. 631.

632. (Amendment integrated into c. I-14, s. 590).

1988, c. 84, s. 632.

633. (Amendment integrated into c. I-14, s. 599).

1988, c. 84, s. 633.

634. (Amendment integrated into c. I-14, s. 603).

1988, c. 84, s. 634.

635. (Amendment integrated into c. I-14, s. 604).

1988, c. 84, s. 635.

636. (Amendment integrated into c. I-14, s. 605).

1988, c. 84, s. 636.

637. (Amendment integrated into c. I-14, s. 609).

1988, c. 84, s. 637.

638. (Amendment integrated into c. I-14, ss. 613.1-613.2).

1988, c. 84, s. 638.

639. (Amendment integrated into c. I-14, s. 614).

1988, c. 84, s. 639.

640. (Amendment integrated into c. I-14, s. 619).

1988, c. 84, s. 640.

641. (Amendment integrated into c. I-14, s. 620).

1988, c. 84, s. 641.

642. (Amendment integrated into c. I-14, s. 622).

1988, c. 84, s. 642.

643. (Amendment integrated into c. I-14, s. 622.1).

1988, c. 84, s. 643.

644. (Amendment integrated into c. I-14, s. 649).

1988, c. 84, s. 644.

645. (Amendment integrated into c. I-14, s. 653).

1988, c. 84, s. 645.

646. (Amendment integrated into c. I-14, s. 654).

1988, c. 84, s. 646.

647. (Amendment integrated into c. I-14, s. 657).

1988, c. 84, s. 647.

648. (Amendment integrated into c. I-14, s. 663).

1988, c. 84, s. 648.

649. (Amendment integrated into c. I-14, s. 664).

1988, c. 84, s. 649.

650. (Amendment integrated into c. I-14, s. 667).

1988, c. 84, s. 650.

651. (Amendment integrated into c. I-14, s. 669).

1988, c. 84, s. 651.

652. (Amendment integrated into c. I-14, s. 680).

1988, c. 84, s. 652.

653. (Amendment integrated into c. I-14, s. 686).

1988, c. 84, s. 653.

654. (Amendment integrated into c. I-14, s. 690).

1988, c. 84, s. 654.

655. (Amendment integrated into c. I-14, s. 720).

1988, c. 84, s. 655.

656. (Amendment integrated into c. I-14, s. 721).

1988, c. 84, s. 656.

ACT RESPECTING THE MINISTÈRE DE L’ÉDUCATION

657. (Amendment integrated into c. M-15, s. 2).

1988, c. 84, s. 657.

658. (Amendment integrated into c. M-15, s. 4).

1988, c. 84, s. 658.

659. (Omitted).

1988, c. 84, s. 659.

660. (Amendment integrated into c. M-15, s. 8).

1988, c. 84, s. 660.

661. (Amendment integrated into c. M-15, s. 12.1).

1988, c. 84, s. 661.

662. (Amendment integrated into c. M-15, s. 17).

1988, c. 84, s. 662.

663. (Amendment integrated into c. M-15, s. 18).

1988, c. 84, s. 663.

ACT RESPECTING THE MINISTÈRE DU CONSEIL EXÉCUTIF

664. (Amendment integrated into c. M-30, s. 3.11).

1988, c. 84, s. 664.

PHOTOGRAPHIC PROOF OF DOCUMENTS ACT

665. (Amendment integrated into c. P-22, s. 1).

1988, c. 84, s. 665; 1987, c. 95, s. 402.

ACT RESPECTING THE PROTECTION OF NON-SMOKERS IN PUBLIC PLACES

666. (Amendment integrated into c. P-38.01, s. 6).

1988, c. 84, s. 666.

ACT RESPECTING THE PROCESS OF NEGOTIATION OF COLLECTIVE AGREEMENTS IN THE PUBLIC AND PARAPUBLIC SECTORS

667. (Amendment integrated into c. R-8.2, s. 1).

1988, c. 84, s. 667.

668. (Amendment integrated into c. R-8.2, s. 30).

1988, c. 84, s. 668.

ACT RESPECTING THE GOVERNMENT AND PUBLIC EMPLOYEES RETIREMENT PLAN

669. (Amendment integrated into c. R-10, Schedule II).

1988, c. 84, s. 669.

ACT RESPECTING SUPPLEMENTAL PENSION PLANS

670. (Amendment integrated into c. R-17, s. 75).

1988, c. 84, s. 670.

ACT RESPECTING CHILD DAY CARE

671. (Amendment integrated into c. S-4.1, s. 2).

1988, c. 84, s. 671.

672. (Amendment integrated into c. S-4.1, s. 13).

1988, c. 84, s. 672.

673. (Amendment integrated into c. S-4.1, s. 32).

1988, c. 84, s. 673.

674. (Amendment integrated into c. S-4.1, s. 35).

1988, c. 84, s. 674.

675. (Amendment integrated into c. S-4.1, s. 50).

1988, c. 84, s. 675.

676. (Amendment integrated into c. S-4.1, s. 73).

1988, c. 84, s. 676.

677. (Amendment integrated into c. S-4.1, ss. 22 and 38).

1988, c. 84, s. 677.

678. (Amendment integrated into c. S-4.1, ss. 1, 4, 7, 33, 41 and 44).

1988, c. 84, s. 678.

ACT RESPECTING THE NASKAPI DEVELOPMENT CORPORATION

679. (Amendment integrated into c. S-10.1, Schedule).

1988, c. 84, s. 679.

ACT RESPECTING THE SOCIÉTÉ DU PARC INDUSTRIEL DU CENTRE DU QUÉBEC

680. (Amendment integrated into c. S-15, s. 25).

1988, c. 84, s. 680.

ACT RESPECTING THE SOCIÉTÉ IMMOBILIÈRE DU QUÉBEC

681. (Amendment integrated into c. S-17.1, s. 36).

1988, c. 84, s. 681.

ACT RESPECTING THE MAKIVIK CORPORATION

682. (Amendment integrated into c. S-18.1, Schedule).

1988, c. 84, s. 682.

ACT RESPECTING THE SOCIÉTÉ NATIONALE DE L’AMIANTE

683. (Amendment integrated into c. S-18.2, s. 19).

1988, c. 84, s. 683.

684. (Omitted).

1988, c. 84, s. 684.

685. (Omitted).

1988, c. 84, s. 685.

686. (Omitted).

1988, c. 84, s. 686.

687. (Omitted).

1988, c. 84, s. 687.

688. (Omitted).

1988, c. 84, s. 688.

689. (Omitted).

1988, c. 84, s. 689.

690. (Omitted).

1988, c. 84, s. 690.

691. (Omitted).

1988, c. 84, s. 691.

692. (Omitted).

1988, c. 84, s. 692.

ACT RESPECTING PREARRANGED FUNERAL SERVICES AND SEPULTURES

693. (Amendment integrated into c. A-23.001, s. 26).

1988, c. 84, s. 693.

ACT RESPECTING FARM FINANCING

694. (Amendment integrated into c. F-1.2, s. 130).

1988, c. 84, s. 694.

ACT RESPECTING TRUST COMPANIES AND SAVINGS COMPANIES

695. (Amendment integrated into c. S-29.01, s. 203).

1988, c. 84, s. 695.

ACT RESPECTING MUNICIPAL TERRITORIAL ORGANIZATION

696. (Amendment integrated into c. O-9, s. 285).

1988, c. 84, s. 696.

ACT RESPECTING THE MINISTÈRE DES AFFAIRES INTERNATIONALES

697. (Amendment integrated into c. M-21.1, s. 23).

1988, c. 84, s. 697.

OTHER CONCORDANCE PROVISIONS

698. In the following legislation, any reference to the Education Act (chapter I-14) is a reference to the Education Act (chapter I-13.3) and to the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14):

(1)  (amendment integrated into c. C-26, s. 37);

(2)  (amendment integrated into c. P-21, s. 5);

(3)  (amendment integrated into c. T-11.1, s. 2).

1988, c. 84, s. 698.

699. In the following legislation, any reference to the Education Act (chapter I-14) is a reference to the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14):

(1)  (amendment integrated into c. A-2.1, Schedule A);

(2)  (amendment integrated into c. C-35, s. 97);

(3)  (amendment integrated into c. R-8.2, s. 35).

1988, c. 84, s. 699.

700. The words “school corporation” and “school corporations” are replaced by the words “school board” and “school boards”, respectively, in the following legislation:

(1)  (amendment integrated into c. A-19.1, s. 5);

(2)  (amendment integrated into c. C-2, ss. 20 and 26);

(3)  (inoperative, 1983, c. 37, s. 194);

(4)  (amendment integrated into c. C-19, s. 415);

(5)  (amendment integrated into c. C-27, ss. 11 and 68);

(6)  (amendment integrated into c. C-27.1, a. 564);

(7)  (amendment integrated into c. E-9, s. 2);

(8)  (amendment integrated into c. E-24, s. 53.15);

(9)  (inoperative, 1988, c. 63, s. 1);

(10)  (amendment integrated into c. N-1.1, s. 30);

(11)  (amendment integrated into c. P-40.1, s. 188);

(12)  (amendment integrated into c. P-41.1, s. 1);

(13)  (amendment integrated into c. R-20.1, s. 1);

(14)  (amendment integrated into c. S-3.1, s. 31);

(15)  (amendment integrated into c. S-38, s. 40);

(16)  (amendment integrated into c. V-1.1, ss. 41 and 44).

1988, c. 84, s. 700.

701. In the following legislation, the words “or school corporation”, “and school corporations” and “school” are replaced, adapted as required, by the words “corporation or school board”, “corporations and school boards” and “school boards”, respectively:

(1)  (amendment integrated into c. A-32, s. 225);

(2)  (amendment integrated into c. B-1, s. 136);

(3)  (amendment integrated into c. C-4, s. 83);

(4)  (amendment integrated into c. C-25, aa. 35 and 36);

(5)  (amendment integrated into c. C-27, s. 40);

(6)  (amendment integrated into c. F-5, s. 27);

(7)  (amendment integrated into c. Q-2, s. 2).

1988, c. 84, s. 701.

702. For the application of any other Act, or any regulation, ordinance, order in council, order, contract or other document,

(1)  the expressions “corporation of commissioners” or “school commissioners” or the words “corporation” or “commissioners”, where the two latter words are used to mean the two former expressions, shall designate a school board other than a dissentient school board;

(2)  the expressions “corporation of trustees” or “school trustees” or the words “corporation” or “trustees”, where the two latter words are used to mean the two former expressions, shall designate a dissentient school board;

(3)  the expression “school municipality” or the word “municipality” where the latter is used to mean the former, shall designate a school board or the territory thereof, according to the context;

(4)  the expression “school corporation” or the word “corporation”, where the latter is used to mean the former, shall designate a school board;

(5)  the word “secretary-treasurer”, where it refers to a school board, shall designate the director general of a school board.

1988, c. 84, s. 702.

703. In any other Act, and in any regulation, ordinance, order in council, order, contract or other document, any reference to the Education Act (chapter I-14) or to any of the provisions thereof is a reference to this Act or to the corresponding provision of this Act.

Concerning the Cree School Board, the Kativik School Board and the Naskapi Education Committee contemplated in Parts X to XII of the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14), a reference to the Education Act shall be deemed to be a reference to the Education Act for Cree, Inuit and Naskapi Native Persons.

1988, c. 84, s. 703; 1999, c. 40, s. 158.

704. In any Act other than this Act and the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14), and in any regulation, ordinance, order in council or order, unless the context indicates a different meaning, “school board” means a school board governed by this Act and a school board governed by the Education Act for Cree, Inuit and Naskapi Native Persons.

1988, c. 84, s. 704; 1997, c. 47, s. 51.

705. In any Act, proclamation, regulation, order in council, order, ordinance, contract or other document, any reference to the Act respecting municipal and school debts and loans (chapter D-7) is a reference to the Act respecting municipal debts and loans (chapter D-7).

1988, c. 84, s. 705.

CHAPTER XII TRANSITIONAL AND FINAL PROVISIONS

706. Every commissioner, school trustee, representative of the parents’ committee and every chairman or vice-chairman of a school board who is in office on 30 June 1989 is deemed to have been elected or appointed pursuant to the Act respecting school elections (chapter E-2.3) or to this Act, as the case may be.

Such trustees and representatives of the parents’ committee are deemed to be commissioners within the meaning of this Act.

Every commissioner and school trustee and every chairman and vice-chairman shall remain in office until the third Sunday of November 1990 or until he is replaced by a person elected or appointed pursuant to the Act respecting school elections or to this Act, as the case may be.

Every representative of the parents’ committee shall remain in office until he is re-elected or replaced pursuant to this Act.

1988, c. 84, s. 706; 1999, c. 40, s. 158.

707. In a school board contemplated in sections 146 and 498, the members referred to in section 706 shall exercise alone the functions and powers of the council of commissioners until the parents’ representatives of the minority of students contemplated in these sections have been appointed.

1988, c. 84, s. 707; 1990, c. 78, s. 54.

708. The commissioners of the Kativik School Board in office on 30 June 1989 are deemed to have been elected or appointed pursuant to the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14).

They shall remain in office until the third Wednesday in November 1990 or until they are replaced by persons appointed or elected pursuant to the said Act.

1988, c. 84, s. 708.

709. Every principal of a school and every member of an orientation committee, school committee or parents’ committee in office on 30 June 1989 is deemed to have been elected or appointed pursuant to this Act.

He shall remain in office until he is reelected, reappointed or replaced pursuant to this Act.

1988, c. 84, s. 709.

710. The members of the Conseil scolaire de l’île de Montréal and the chairman and vice-chairman of the Conseil in office on 30 June 1989 are deemed to have been designated or appointed pursuant to this Act.

They shall remain in office until the first meeting of the Conseil following the third Sunday of November 1990 or until they are replaced by persons designated or appointed pursuant to this Act.

1988, c. 84, s. 710.

711. Every school and adult education centre in existence on 30 June 1989 is deemed to have been established in conformity with this Act.

Every school shall retain the confessional recognition that it has on 30 June 1989 until the Catholic committee or Protestant committee revokes it ex officio or upon application therefor by the school board.

1988, c. 84, s. 711.

712. Teaching permits and teaching certificates or diplomas issued under the Regulation respecting teaching permits and teaching diplomas (R.R.Q., 1981, c. C-60, r. 7) are teaching licences within the meaning of this Act and are deemed to have been issued pursuant thereto.

1988, c. 84, s. 712.

713. Any deficit of a school board on 30 June 1980 or any expense arising from a court judgment, a judgment of the Bureau de révision de l’évaluation foncière or an arbitration award in respect of a cause of action existing before 30 June 1980 shall be made up by means of a special tax or a loan repaid by means of a special annual tax in accordance with the conditions determined by the Minister. Where required by the Minister, the special tax shall be levied and collected in the territory of the school board that incurred the deficit or expense.

Notwithstanding sections 308, 440 and 444, the special tax is not subject to the approval of the electors.

This section has effect from 30 June 1980.

1988, c. 84, s. 713.

714. Any bonded debt contracted by a school board before 1 July 1980 is taken out of the general fund of the school board and must be discharged by means of a special tax levied in the whole of the territory of the school board and, notwithstanding section 308, the special tax is not subject to the approval of the electors.

1988, c. 84, s. 714.

715. Any election in respect of the payment of the school tax made before 1 July 1989 under the Education Act (chapter I-14), as it read before that date, constitutes an election within the meaning of section 305 of this Act.

The person who signs a notice provided for in section 55 or 59 of the Education Act, as it read before 1 July 1989, and served on a dissentient school board before that date, is deemed to have made the election contemplated in section 305 of this Act in respect of the dissentient school board.

Catholics are deemed to have made the election contemplated in section 305 of this Act in respect of the Catholic confessional school board or the school board for Catholics; Protestants are deemed to have made such election in respect of the Protestant confessional school board or the school board for Protestants.

1988, c. 84, s. 715; 1990, c. 8, s. 60.

716. A dissentient school board which, on 1 July 1989, must acquire jurisdiction over new levels of instruction and a school board for Catholics or for Protestants of which all or part of the territory includes that of the former, shall distribute between themselves the rights and obligations of the school board for Catholics or for Protestants.

The Minister shall rule on every dispute between the school boards involved, except disputes relating to the transfer or integration of employees belonging to certified associations within the meaning of the Labour Code (chapter C-27) or of employees who are provided a special remedy by government regulation. The Minister shall ensure that his ruling does not deprive the dissentient school board of the property it requires to function.

In the case of the transfer of ownership of an immovable, a notice stating the facts which resulted in the transfer and containing a description of the immovable transferred shall be registered at the registry office.

1988, c. 84, s. 716; 1999, c. 40, s. 158; 2000, c. 42, s. 180.

717. The provisions of the Act respecting municipal and school debts and loans (chapter D-7) as they read before 1 July 1989 continue to apply to an issue of bonds made before 1 July 1989 by a school board or by the Conseil scolaire de l’île de Montréal to the extent that they were applicable before being amended.

1988, c. 84, s. 717.

718. Every regulation, by-law, resolution, order or ordinance of a school board or the Conseil scolaire de l’île de Montréal in force on 30 June 1989 remains in force, to the extent that it is consistent with this Act and as long as its object has not been carried out or until it is replaced or repealed.

Every act performed before 1 July 1989 by a school board or the Conseil scolaire de l’île de Montréal pursuant to a provision replaced or repealed by this Act retains its effects if it is still useful and is deemed, in that case, to have been performed pursuant to the corresponding provision of this Act.

1988, c. 84, s. 718; 1990, c. 8, s. 61.

719. For the school years 1989-90 to 1993-94, the Minister shall establish and submit to the Government, for approval, directives in respect of adult education services pertaining to the matters listed in the second paragraph of section 448 and, if he considers it expedient, to those listed in the third paragraph of the said section.

The Regulations Act (chapter R-18.1) does not apply to the directives or to their drafts. The directives come into force on 1 July following the date of their publication in the Gazette officielle du Québec.

For the purposes of the provisions of this Act, except section 458, during the school years 1989-90 to 1993-94, any reference to the basic school regulation for adult education is a reference to the directives established by the Minister under the first paragraph.

This section ceases to have effect upon the coming into force of the basic school regulation for adult education made under section 448.

1988, c. 84, s. 719; 1990, c. 78, s. 23, s. 53.

720. The Government and the Minister of Education may validly exercise, before 1 July 1989, their functions and powers under Chapter VII and section 719 so that the provisions of this Act may be given effect as early as 1 July 1989.

1988, c. 84, s. 720; 1990, c. 78, s. 54.

721. Every regulation and every decision made by the Government, the Minister of Education or the Minister of Transport under the Education Act (chapter I-14) as it read before 1 July 1989, or under section 30 of the Act respecting the Conseil supérieur de l’éducation (chapter C-60) and applicable to the persons or bodies contemplated in this Act remains applicable thereto, to the extent that it is consistent with this Act, unless otherwise provided under this Act.

The words “School bussing or transportation” used in any regulation, decision or contract mean “student transportation”.

1988, c. 84, s. 721.

722. This Act, except sections 620 to 656, does not apply to the Cree School Board, the Kativik School Board or the Naskapi Education Committee.

The Cree School Board and the Kativik School Board are governed by the Education Act (chapter I-14) as it read on 8 June 1978 and as amended thereafter, to the extent that the amendments are expressly applicable thereto. They are also governed by the regulations made under that Act to the extent that they are expressly applicable.

The Naskapi Education Committee is governed by the Education Act as it read on 22 June 1979 and as amended thereafter, to the extent that the amendments are expressly applicable thereto. It is also governed by the regulations made under that Act, to the extent that they are expressly applicable.

The Government may, however, by regulation, at the request of the Cree School Board, the Kativik School Board or the Naskapi Education Committee, render a provision or part of a provision of this Act applicable to such school board or committee, with the necessary adjustments of concordance, and indicate the provision of the Education Act applicable to Cree, Inuit and Naskapi Native Persons it replaces.

Such regulation may specify what provision or part of a provision of a regulation made under this Act applies, or ceases to apply, to the Cree School Board, the Kativik School Board or the Naskapi Education Committee.

The regulation shall be published in the Gazette officielle du Québec and comes into force on the date of its publication or on any later date indicated therein.

1988, c. 84, s. 722.

723. This Act replaces the Education Act (chapter I-14), except as regards the Cree School Board, the Kativik School Board and the Naskapi Education Committee.

1988, c. 84, s. 723.

723.1. For the purposes of the levy of school taxes for the years 2001-02 and 2002-03, Division IV.3 of Chapter XVIII of the Act respecting municipal taxation (chapter F-2.1) applies, with the necessary modifications, to the Conseil scolaire de l’île de Montréal. The Conseil is deemed to have adopted the resolution referred to in the second paragraph of section 253.27 of that Act.

The school tax shall be levied in accordance with section 310. However, the standardized assessment of taxable immovables shall be established by multiplying the adjusted values resulting from the application of the said Division IV.3 by the comparative factor established for the assessment roll under section 264 of the Act respecting municipal taxation.

2001, c. 30, s. 1.

724. (Repealed).

1988, c. 84, s. 724; 1989, c. 36, s. 274.

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

1988, c. 84, s. 725; 1990, c. 8, s. 62; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1997, c. 96, s. 163; 2005, c. 28, s. 195.

726. 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).

1988, c. 84, s. 726; 1990, c. 78, s. 54; 1997, c. 47, s. 52.

727. 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).

1988, c. 84, s. 727; 1990, c. 78, s. 54; 1994, c. 11, s. 1; 1999, c. 28, s. 1; 2000, c. 24, s. 44.

728. (Omitted).

1988, c. 84, s. 728; 1990, c. 8, s. 63.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 84 of the statutes of 1988, in force on 1 March 1989, is repealed, except sections 685 to 692 and 728, effective from the coming into force of chapter I-13.3 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 1 to 110, 113 to 122, 125 to 130, 132, 133, the first, second, third and fourth paragraphs of section 134, sections 135, 136, 138, 140 to 204, 208, 209, 211 to 261, 264 to 353, 356 to 401, 403 to 508, 541 to 684, 693 to 715, 717 to 719, 721 to 727 of chapter 84 of the statutes of 1988, in force on 1 March 1990, are repealed effective from the coming into force of the updating to 1 March 1990 of chapter I-13.3 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 111, 112, 205 to 207, 516 to 521, 523, 524, 526, 527, 531 to 535 and 537 to 540 of chapter 84 of the statutes of 1988, in force on 1 April 1998, are repealed effective from the coming into force of the updating to 1 April 1998 of chapter I-13.3 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 262, 263 and 402 of chapter 84 of the statutes of 1988, in force on 1 April 1999, are repealed effective from the coming into force of the updating to 1 April 1999 of chapter I-13.3 of the Revised Statutes.