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

À jour au 7 décembre 2023

Ce document a valeur officielle.

chapter M-15

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

The Ministère de l’Éducation, du Loisir et du Sport is designated under the name of Ministère de l’Éducation. Order in Council 653-2020 dated 22 June 2020, (2020) 152 G.O. 2 (French), 2934.

1993, c. 51, s. 1; 1994, c. 16, s. 33; 2005, c. 28, s. 195.

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, du Loisir et du Sport.

2006, c. 52, s. 24; 2023, c. 32, s. 66.

DIVISION I RESPONSIBILITIES OF THE MINISTER

2023, c. 32, s. 67.

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

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; 2005, c. 28, s. 195.

The Minister of Education, Recreation and Sports is designated under the name of Minister of Education. The Ministère de l’Éducation, du Loisir et du Sport is designated under the name of Ministère de l’Éducation. Order in Council 653-2020 dated 22 June 2020, (2020) 152 G.O. 2 (French), 2934.

The functions and responsibilities of the Minister of Education, Recreation and Sports provided for in this Act in respect of the fields of recreation and sports, are assigned to the Minister responsible for Sports, Recreation and the Outdoors. Order in Council 1651-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6519.

1.1. The Minister shall exercise his functions in the fields of preschool, elementary and secondary education, and in the fields of recreation and sports.

1985, c. 21, s. 69; 1993, c. 51, s. 4; 1994, c. 16, s. 36; 2005, c. 28, s. 117; 2013, c. 28, s. 162.

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, recreation and sports;

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

(3)  taking coordinated action with the Minister of Higher Education, Research, Science and Technology to foster the continuity, development and integration of educational pathways;

(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; 2005, c. 28, s. 118; 2013, c. 28, s. 163.

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 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; 2013, c. 28, s. 164.

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;

(2.1)  seeing to the quality and improvement of the educational services provided by educational institutions and, to that end, assessing the quality of those services;

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

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

(5)  seeing to educational success;

(6)  ensuring monitoring of students’ educational path and, in particular, identifying its determinants so as to positively influence it, identifying difficulties as well as the interventions capable of fostering educational success, measuring the effectiveness of those interventions and monitoring the evolution of certain specific trends; and

(7)  fostering education system resources management and planning based on, among other things, knowledge of students’ needs and, to that end, collecting the information necessary to assess those needs and to make that assessment.

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; 2023, c. 32, s. 68.

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.

3.2. A sharing of resources and services between the Minister and the Minister of Higher Education, Research, Science and Technology is to be encouraged wherever it can be instrumental in their pursuit of objectives related to the continuity, development and integration of educational pathways or their fulfillment of efficiency and cost-benefit requirements in the management of human, financial, physical and information resources.

2013, c. 28, s. 165.

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 the purposes of this Act 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; 2005, c. 28, s. 119.

DIVISION II INFORMATION IN EDUCATION

2023, c. 32, s. 69.

5.1. Where the Ministère de la Famille, des Aînés et de la Condition féminine or the Ministère de la Santé et des Services sociaux holds information whose nature is related to the Minister’s functions, it shall communicate to the Minister the non-personal information he requests that is necessary for the carrying out of his duties referred to in section 2 of this Act.

1993, c. 51, s. 11; 1994, c. 16, s. 38; 2023, c. 32, s. 69.

6. For the purposes of this division, the following are bodies:

(1)  a school service centre;

(2)  a school board governed by the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14);

(3)  an educational institution governed by the Act respecting private education (chapter E-9.1) that provides all or part of the educational services that are under the responsibility of the Minister;

(4)  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); and

(5)  an educational institution referred to in section 5.

R. S. 1964, c. 233, s. 6; 1988, c. 84, s. 659; 2023, c. 32, s. 69.

6.1. The Minister may designate an education information filing and communication system to support the management of the education network and the organization, planning and provision of services in the field of education by simplifying communications.

The system must enable the following, among other things:

(1)  the hosting and indexing of all or part of the information that a body holds in the exercise of its functions;

(2)  the communication between bodies or between a body and the Minister of information concerning a student;

(3)  the communication by a body to the Minister of information concerning its personnel;

(4)  access to information hosted in the system;

(5)  the logging of every access to the system by a person, whether the purpose of the access is to file information in the system, to use the information or to be given communication of it; and

(6)  any other functionality determined by regulation of the Minister.

The information filing and communication system shall be under the Minister’s responsibility. The Minister may not use personal information hosted in the system for purposes other than those authorized by the delegated manager referred to in section 6.7 or those related to the exercise of the Minister’s responsibility with respect to the system.

2023, c. 32, s. 69.

6.2. The Minister may require a body it designates to use the information filing and communication system to host and communicate all or part of the information that the Minister considers necessary and that the body holds in the exercise of its functions and powers, on the conditions and in the manner the Minister determines.

Where such information can be communicated or used in a form that does not allow the person concerned to be identified directly, it must be communicated or used in that form.

2023, c. 32, s. 69.

6.3. The operations management of the information filing and communication system shall be assumed by the Minister or, in whole or in part, by an operations manager he designates.

The Minister or, where applicable, the operations manager must

(1)  put in place security measures for ensuring the protection of information as well as its availability and integrity in compliance with the provisions of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1); and

(2)  proactively monitor the system access logs.

Where all or part of the operations management of the system is entrusted to an operations manager, the Minister must enter into a written agreement with the operations manager. The agreement must, among other things, set out the following obligations:

(1)  send to the Minister, each year, an assessment report enabling the Minister to, among other things, validate the security measures put in place and assess the efficiency and performance of the information filing and communication system as well as the benefits resulting from its establishment;

(2)  notify the Minister without delay of any confidentiality incident; and

(3)  submit, three years after the agreement is entered into and whenever the Minister so requests, to an external audit aimed at ensuring compliance with the highest standards and best practices in matters of information security and protection of personal information.

The agreement must also set out the cases and circumstances in which and conditions on which the operations manager may, after notifying the Minister, entrust to a third person, by mandate or by contract of enterprise or for services, all or part of the services dedicated to hosting, operating or using the information filing and communication system.

Subject to the provisions of the Act respecting Access to documents held by public bodies and the Protection of personal information, the Minister shall publish the agreement and the assessment report on his department’s website.

The Minister shall send a copy of the agreement and of the assessment report to the Commission d’accès à l’information.

2023, c. 32, s. 69.

6.4. Before designating an information filing and communication system, the Minister must conduct a privacy impact assessment and send the assessment to the Commission d’accès à l’information.

2023, c. 32, s. 69.

6.5. The Minister shall define rules for the governance of information hosted in the information filing and communication system. The rules must, in particular, provide a framework for the collection, preservation and destruction of such information, including the information that must be provided to the persons to whom the personal information relates and the notice that must be given to any person whose personal information is concerned by a confidentiality incident.

The Minister shall send a copy of the rules to the Commission d’accès à l’information.

2023, c. 32, s. 69.

6.6. The Minister may, by a formal demand notified by any appropriate method, require an operations manager to file, within the reasonable time specified, any information or document enabling verification of compliance with the obligations set out in the agreement.

The operations manager to whom the demand is made must comply with it within the specified time regardless of whether the operations manager has already filed such information or documents in response to a similar demand or to fulfill an obligation under the law.

2023, c. 32, s. 69.

6.7. The person acting as the delegated manager of government digital data for the Ministère de l’Éducation, du Loisir et du Sport under subparagraph 9.2 of the first paragraph of section 10.1 of the Act respecting the governance and management of the information resources of public bodies and government enterprises (chapter G-1.03) shall be responsible for authorizing the communications and the uses provided for in section 6.8.

2023, c. 32, s. 69.

6.8. The Minister may request authorization from the manager

(1)  to receive communication of personal information held by a body; and

(2)  to use personal information filed by a body in the information filing and communication system.

The application for authorization must be made in writing to the manager and must

(1)  specify the purposes for which communication or use of information is requested and show that the information is necessary for the exercise of the Minister’s functions and powers under this Act or another Act under the Minister’s administration that pertains to education; and

(2)  set out the security measures that will be in place when the information is communicated or used.

2023, c. 32, s. 69.

6.9. The manager may authorize the communication or use requested in accordance with section 6.8, for the time, on the conditions and in the manner the manager determines, where the manager, after assessing the request, considers that the following criteria are met:

(1)  the communication or use requested complies with the criteria set out in section 6.8; and

(2)  the security measures that will be in place when the information is communicated or used are suitable for protecting the information.

The authorization must specify that the information must be communicated or used only in a form not allowing the person concerned to be identified directly where it is possible to achieve the purposes pursued by communicating or using the information in such a form.

The manager shall give reasons for his decision in writing.

2023, c. 32, s. 69.

6.10. A body that holds information covered by an authorization of the manager must communicate the information to the Minister.

2023, c. 32, s. 69.

6.11. Every person has the right to be informed, on request, of the name of any person having accessed information concerning him that is hosted in the information filing and communication system or otherwise having used the information or received communication of it. Likewise, every person has the right to be informed of the date and time of the access, use or communication.

2023, c. 32, s. 69.

6.12. The manager may, without delay or formality, revoke the authorization granted under section 6.9 if the manager has reason to believe that the use of the information does not comply with the authorization, that the security measures for ensuring the protection of the information put in place or the conditions attached to the authorization are not being complied with, or that the protection of the information is otherwise compromised.

The manager shall inform the Minister of the reasons for the revocation as soon as possible. He may, if the Minister demonstrates to the manager’s satisfaction that measures have been taken to comply with the authorization, grant a new authorization in accordance with section 6.9.

2023, c. 32, s. 69.

6.13. At the expiry of the authorization and, where its term is longer than one year, each year on the anniversary date of the authorization, the Minister must report to the manager, in the form the latter determines, on the use of the information covered by the authorization and on his compliance with the conditions set out in the authorization.

The Minister shall send a copy of the report referred to in the first paragraph to the Commission d’accès à l’information.

2023, c. 32, s. 69.

6.14. The manager must keep a register of every communication or use he has authorized. The register must include

(1)  a description of the information covered by each authorization and its source;

(2)  a description of the purposes for which each communication or use was authorized;

(3)  the duration of and conditions applicable to each authorization, including, if applicable, the special security measures necessary for ensuring the protection of the information that were imposed by the manager; and

(4)  the processing time for the request for authorization.

The Minister shall publish the register, and keep it up to date, on his department’s website.

2023, c. 32, s. 69.

6.15. The Minister may require a body to use, on the conditions and in the manner he determines, any information resource service the Minister designates other than a system designated under section 6.1, including, in particular, any decision support tool, in order to facilitate the management of the education network and the organization, planning and provision of services in the field of education.

The conditions and manner must provide, in particular, for the conduct of an algorithmic impact analysis enabling an assessment of the risks of injury if information is used for automated decision-making.

In addition, the Minister shall encourage concerted action by the bodies and see to the sharing of good practices applicable to the use of any decision support tool, in order to facilitate the management of the education network and the organization, planning and provision of services in the field of education.

2023, c. 32, s. 69.

6.16. In exercising the powers provided for in sections 6.1, 6.2, 6.5 and 6.15, the Minister shall take into account the orientations, standards, strategies, directives, rules and application instructions made under the Act respecting the governance and management of the information resources of public bodies and government enterprises (chapter G-1.03).

2023, c. 32, s. 69.

6.17. A body shall communicate to the Minister, in the form and within the time he determines, any statement, statistics, report and other information that he requires with regard to its human resources, including students and trainees, and that is necessary to manage and plan the resources allocated to the education system.

Where the information required by the Minister in accordance with the first paragraph allows a personnel member of the body or another person referred to in that paragraph to be identified, the information may be communicated only if the delegated manager of government digital data of the Ministère de l’Éducation, du Loisir et du Sport referred to in subparagraph 9.2 of the first paragraph of section 10.1 of the Act respecting the governance and management of the information resources of public bodies and government enterprises (chapter G-1.03) authorizes its communication.

In order to obtain the manager’s authorization, the Minister must submit a written request to the manager. In such a case, sections 6.8 to 6.14 of this Act apply to the Minister and to the manager, with the necessary modifications.

Information communicated under this section must not allow a student to be identified.

2023, c. 32, s. 69.

6.18. The Commission d’accès à l’information shall be responsible for overseeing the application of the provisions of this Act that relate to the information filing and communication system and to the use and communication of personal information.

To that end, it has all the powers provided for by the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

2023, c. 32, s. 69.

DIVISION III ORGANIZATION OF THE DEPARTMENT

2023, c. 32, s. 70.

7. The Government shall appoint a Deputy Minister of Education, Recreation and Sports, hereinafter called the “Deputy Minister”.

R. S. 1964, c. 233, s. 7; 1977, c. 5, s. 14; 1993, c. 51, s. 12; 1994, c. 16, s. 39; 2000, c. 24, s. 46; 2005, c. 28, s. 195.

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.

R. S. 1964, c. 233, s. 8; 1978, c. 15, s. 125; 1988, c. 84, s. 660; 2000, c. 24, s. 47.

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 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; 2000, c. 24, s. 48.

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 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; 2000, c. 24, s. 49.

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. (Section renumbered).

1988, c. 59, s. 2; 2011, c. 18, s. 28; 2013, c. 28, s. 206.

See section 17 of chapter M-15.1.0.1.

13.2. (Repealed).

1988, c. 59, s. 2; 2011, c. 18, s. 324; 2011, c. 18, s. 174.

13.3. (Section renumbered).

1988, c. 59, s. 2; 1993, c. 51, s. 15; 1994, c. 16, s. 40; 2005, c. 28, s. 195; 2011, c. 18, s. 29, s. 325; 2011, c. 18, s. 29; 2013, c. 28, s. 206.

See section 18 of chapter M-15.1.0.1.

13.4. (Section renumbered).

1988, c. 59, s. 2; 1993, c. 51, s. 16; 1994, c. 16, s. 41; 2000, c. 15, s. 110; 2005, c. 28, s. 195; 2011, c. 18, s. 175; 2013, c. 28, s. 206.

See section 19 of chapter M-15.1.0.1.

13.5. (Repealed).

1988, c. 59, s. 2; 2011, c. 18, s. 176.

13.6. (Repealed).

1988, c. 59, s. 2; 2011, c. 18, s. 176.

13.7. (Section renumbered).

1988, c. 59, s. 2; 2011, c. 18, s. 177; 2013, c. 28, s. 206.

See section 20 of chapter M-15.1.0.1.

13.8. (Repealed).

1988, c. 59, s. 2; 1991, c. 73, s. 5; 2000, c. 8, s. 159; 2000, c. 15, s. 111; 2011, c. 18, s. 178.

13.9. (Repealed).

1988, c. 59, s. 2; 2011, c. 18, s. 178.

13.10. (Repealed).

1988, c. 59, s. 2; 1999, c. 40, s. 180; 2011, c. 18, s. 178.

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. (Repealed).

1982, c. 21, s. 1; 1986, c. 101, s. 12; 1988, c. 84, s. 662; 2000, c. 24, s. 50.

18. (Repealed).

1986, c. 101, s. 12; 1988, c. 84, s. 663; 1994, c. 11, s. 1; 1999, c. 28, s. 1; 2000, c. 24, s. 51.

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.