M-15 - Act respecting the Ministère de l’Éducation, du Loisir et du Sport

À jour au 1^er avril 1999

Ce document a valeur officielle.

chapter M-15

Act respecting the Ministère de l’Éducation

1993, c. 51, s. 1; 1994, c. 16, s. 33.

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

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

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

Whereas it is expedient to establish, in accordance with these principles, a Ministère de l’Éducation with powers commensurate with the functions vested in a Conseil supérieur de l’éducation, its Catholic and Protestant committees and its commissions.

1. The Minister of Education, in this Act called the “Minister”, is charged with the direction and administration of the Ministère de l’Éducation.

R. S. 1964, c. 233, s. 1; 1977, c. 5, s. 14; 1985, c. 21, s. 68; 1993, c. 51, s. 3; 1994, c. 16, s. 35.

The Minister of Education is designated under the name of Minister of Education, Recreation and Sports. The Ministère de l’Éducation is designated under the name of Ministère de l’Éducation, du Loisir et du Sport. Order in Council 120-2005 dated 18 February 2005, (2005) 137 G.O. 2 (French), 874.

1.1. The Minister shall exercise his functions in the fields of preschool, elementary, secondary and college education and in the fields of university education and university research, except a field of education within the competence of another minister.

1985, c. 21, s. 69; 1993, c. 51, s. 4; 1994, c. 16, s. 36.

1.2. The Minister shall devise policies relating to the fields within his competence and propose them to the Government, with a view to, in particular,

(1)  promoting education;

(2)  contributing, by promotion, development and support in those fields, to raising the level of scientific, cultural and professional achievement for the population of Québec and its individual members;

(3)  furthering access to the higher forms of learning and culture for any person who wishes to have access thereto and has the necessary ability;

(4)  contributing to the harmonization of the orientations and activities of his department with general government policy and with economic, social and cultural needs.

The Minister shall be in charge of and coordinate the implementation of the policies.

He shall also be responsible for the administration of the Acts assigned to him.

1985, c. 21, s. 69; 1993, c. 51, s. 5.

1.3. For the carrying out of his duties, the Minister may, in particular,

(1)  provide the services he considers necessary to any person, group or body;

(2)  grant financial assistance out of the sums put at his disposal for that purpose, subject to the conditions he sees fit;

(3)  contribute to the development of educational or research institutions;

(4)  advise the Government, departments and agencies and, where necessary, make recommendations to them;

(5)  participate, with the ministers concerned and within the scope of the policy on Canadian intergovernmental affairs and the policy on international affairs, in devising and implementing programs of external cooperation in sectors in which exchanges further the development of the fields within his competence;

(6)  cooperate in the application of section 24 of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1) and section 3.12 of the Act respecting the Ministère du Conseil exécutif (chapter M-30) for any matter relating to the fields within his competence;

(7)  obtain the necessary information from departments and agencies;

(8)  compile, analyze and publish available information.

1987, c. 78, s. 2; 1993, c. 51, s. 6; 1994, c. 15, s. 33; 1996, c. 21, s. 70.

2. In the fields within his competence, the duties of the Minister shall include, more particularly,

(1)  adopting measures designed to contribute to the training and development of individuals;

(2)  ensuring the development of educational institutions and overseeing the quality of the educational services provided by those institutions;

(3)  encouraging consultation and cooperation between departments and agencies and interested persons;

(4)  encouraging and coordinating the development and diffusion of information;

(5)  (paragraph repealed);

(6)  (paragraph repealed).

R. S. 1964, c. 233, s. 2; 1969, c. 9, s. 1; 1974, c. 6, s. 110; 1985, c. 21, s. 70; 1988, c. 84, s. 657; 1993, c. 51, s. 7; 1994, c. 16, s. 37.

3. The Minister may carry out or cause to be carried out such studies and investigations as he considers useful or necessary for the carrying on of the activities of the department, by such person or body as he may designate, or by any committee that he may establish for such purpose.

R. S. 1964, c. 233, s. 3; 1993, c. 51, s. 8.

3.1. In fields within his competence, the Minister may, in return for payment, provide services relating to distance education to any person or body.

Notwithstanding section 1.1, the Minister may, at the request of another minister and in return for payment, provide the same services to any person or body in fields within the competence of that other minister.

1988, c. 59, s. 1.

4. The Minister shall table in the National Assembly a report of the activities of the department for each fiscal year within six months of the end of the fiscal year or, if the Assembly is not sitting, within 30 days of resumption.

R. S. 1964, c. 233, s. 4; 1988, c. 84, s. 658; 1993, c. 51, s. 9.

5. The Government, upon such conditions as it determines, may authorize the Minister to establish, administer and operate, alone or jointly with others, educational institutions in the fields within his competence.

It may also, for such purpose, and on such conditions as it shall determine, authorize him to acquire immovables by agreement or expropriation, to erect and equip the buildings required and to lease and alienate the immovables of which he has become the owner.

Nevertheless the power of expropriation provided in the preceding paragraph shall not apply to lands or immovables and buildings at the disposal of a private educational institution.

R. S. 1964, c. 233, s. 5; 1966-67, c. 59, s. 1; 1985, c. 21, s. 71; 1992, c. 68, s. 148; 1993, c. 51, s. 10.

5.1. (Repealed).

1993, c. 51, s. 11; 1994, c. 16, s. 38.

6. (Repealed).

R. S. 1964, c. 233, s. 6; 1988, c. 84, s. 659.

7. The Government shall appoint a Deputy Minister of Education, hereinafter called the “Deputy Minister”, and two Associate Deputy Ministers, one after consultation of the Catholic committee and the other after consultation of the Protestant committee of the Conseil supérieur de l’éducation.

R. S. 1964, c. 233, s. 7; 1977, c. 5, s. 14; 1993, c. 51, s. 12; 1994, c. 16, s. 39.

8. Under the direction of the Minister, the deputy minister shall have the supervision of the other officers and employees of the department and shall manage its current business.

The authority of the deputy minister is that of the Minister, his orders must be carried out in the same manner as those of the Minister and his official signature gives force and authority to any document within the jurisdiction of the department.

Under the authority of the Minister and Deputy Minister, each associate deputy minister is responsible for ensuring that the confessional status of educational institutions recognized as Catholic or Protestant is respected and for securing the exercise of confessional rights by Catholics and Protestants in the other educational institutions.

In the exercise of the responsibilities contemplated in the third paragraph, the powers of the associate deputy minister are those of the Minister, his orders must be carried out in the same manner as those of the Minister and his official signature gives force and authority to any document relating to any matter under his jurisdiction.

The associate deputy minister shall also exercise the powers of the Deputy Minister within the spheres determined by the Minister.

R. S. 1964, c. 233, s. 8; 1978, c. 15, s. 125; 1988, c. 84, s. 660.

8.1. The Deputy Minister may, in writing and to the extent he indicates, delegate the exercise of his duties under this Act to a public servant or to the holder of a position.

He may, in the instrument of delegation, authorize the subdelegation of the duties he indicates; where that is the case, he shall identify the holder of a position or the public servant to whom such duties may be subdelegated.

1993, c. 51, s. 13.

9. The Government shall also appoint, in accordance with the Public Service Act (chapter F-3.1.1), all other officers and employees required for the proper administration of the department.

R. S. 1964, c. 233, s. 9; 1965 (1st sess.), c. 14, s. 81; 1978, c. 15, s. 140; 1983, c. 55, s. 161.

10. The respective duties of the officers and employees of the department not expressly regulated by law or by the Government shall be determined by the Minister.

R. S. 1964, c. 233, s. 10.

11. No deed, document or writing shall bind the department or be attributed to the Minister, unless signed by him, the deputy minister, an associate deputy minister, an assistant deputy minister or another officer. In the case of such other officer, he must be duly authorized in writing by the Minister, except in matters of budget approval and loans, where he is authorized only to the extent determined by government regulation published in the Gazette officielle du Québec.

Nevertheless the Government, on such conditions as it may fix, may permit the necessary signature to be affixed by means of an automatic device to such documents as it determines.

The Government may also permit a facsimile of the necessary signature to be engraved, lithographed or printed on such documents as it determines; in such case, the facsimile shall have the same validity as the signature itself, if the document is countersigned by a person authorized by the Minister.

R. S. 1964, c. 233, s. 11; 1965 (1st sess.), c. 65, s. 1; 1966-67, c. 59, s. 2; 1981, c. 27, s. 25.

12. A copy of any document forming part of the archives of the department, certified as a true copy by a person authorized to sign such document in accordance with the first paragraph of section 11, is authentic and has the same validity as the original.

R. S. 1964, c. 233, s. 12; 1978, c. 15, s. 126.

12.1. The Government may, by regulation, authorize the Deputy Minister, an associate deputy minister, an assistant deputy minister or another officer to exercise any power conferred on the Minister under any Act which is under his responsibility or any duty entrusted to the Minister pursuant thereto but, in the case of an officer, only to the extent determined by 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.

1984, c. 39, s. 595; 1988, c. 84, s. 661; 1993, c. 51, s. 14.

13. The Minister may enter into an agreement according to law with any government other than that of Québec, any department of such a government, any international organization or any agency of such a government or organization, in order to carry out his duties.

R. S. 1964, c. 233, s. 13; 1985, c. 21, s. 72.

13.1. A fund called “distance education fund” is hereby established at the department for the purpose of financing goods and services related to distance education.

1988, c. 59, s. 2.

13.2. The Government shall determine the date on which the fund begins to operate, the assets and liabilities to be posted, the nature of the goods and services to be financed by and the costs to be charged to the fund.

1988, c. 59, s. 2.

13.3. The fund shall be constituted of the following sums except interest:

(1)  the sums received for goods and services financed by the fund;

(2)  the advances granted by the Minister of Finance under the first paragraph of section 13.5;

(3)  the sums paid by the Minister of Education out of the appropriations allocated for that purpose by Parliament.

1988, c. 59, s. 2; 1993, c. 51, s. 15; 1994, c. 16, s. 40.

13.4. The sums paid into the fund shall be managed by the Minister of Finance. They shall be credited to him and deposited with the financial institutions he determines.

Notwithstanding section 13 of the Financial Administration Act (chapter A-6), the books of account for the fund and the recording of the financial commitments chargeable to the fund shall be kept by the Minister of Education. He shall also certify that such commitments and the payments arising therefrom do not exceed the available balances and comply with them.

1988, c. 59, s. 2; 1993, c. 51, s. 16; 1994, c. 16, s. 41.

13.5. The Minister of Finance may, with the authorization of the Government and subject to the conditions it determines, advance to the fund sums taken out of the consolidated revenue fund.

The Minister may, conversely, advance to the consolidated revenue fund, on a short-term basis and subject to the conditions he determines, any part of the sums paid into the fund that is not required for its operation.

Any advance paid into the fund shall be repayable out of that fund.

1988, c. 59, s. 2.

13.6. The sums necessary for the payment of the remuneration and expenses pertaining to social benefits and other conditions of employment of the persons assigned, in accordance with the Public Service Act (chapter F-3.1.1), to activities related to the fund shall be taken out of the fund.

1988, c. 59, s. 2.

13.7. The surpluses accumulated by the fund shall be paid into the consolidated revenue fund on the dates and to the extent determined by the Government.

1988, c. 59, s. 2.

13.8. Sections 22 to 27, 33, 35, 45, 47 to 49, 49.2, 51, 57 and 70 to 72 of the Financial Administration Act (chapter A-6), adapted as required, apply to the fund.

1988, c. 59, s. 2; 1991, c. 73, s. 5.

13.9. The fiscal year of the fund ends on 31 March.

1988, c. 59, s. 2.

13.10. Notwithstanding any provision to the contrary, the Minister of Finance shall, in the event of a deficiency in the consolidated revenue fund, pay out of the fund the sums required for the execution of a judgment against the Crown that has become res judicata.

1988, c. 59, s. 2.

14. (Repealed).

R. S. 1964, c. 233, s. 14; 1977, c. 5, s. 14; 1985, c. 21, s. 73.

15. (Repealed).

R. S. 1964, c. 233, s. 15; 1985, c. 21, s. 73.

16. (Repealed).

R. S. 1964, c. 233, s. 16; 1965 (1st sess.), c. 66, s. 1; 1977, c. 5, s. 14; 1985, c. 21, s. 73.

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

1982, c. 21, s. 1; 1986, c. 101, s. 12; 1988, c. 84, s. 662.

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

1986, c. 101, s. 12; 1988, c. 84, s. 663; 1994, c. 11, s. 1.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 233 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed, except the preamble, effective from the coming into force of chapter M-15 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), preamble of chapter 233 of the Revised Statutes, 1964, in force on 1 November 1980, is repealed effective from the coming into force of the updating to 1 November 1980 of chapter M-15 of the Revised Statutes.