u-1 - Act respecting the Université du Québec

À jour au 17 juin 2005

Ce document a valeur officielle.

chapter U-1

Act respecting the Université du Québec

DIVISION I DEFINITIONS

1. In this Act and in any regulation made thereunder, unless the context requires a different meaning, the following expressions and words mean:

(a)  “University” : the Université du Québec constituted by section 2;

(b)  “Board of Governors” : the Board of Governors of the Université du Québec, contemplated in section 7;

(c)  “constituent university” : a university constituted under section 27 or contemplated in section 48 or 49;

(d)  “research institute” : an institute constituted under section 50 or contemplated in section 57 or 58;

(e)  “superior school” : a school constituted under section 50 or contemplated in section 57 or 58;

(f)  “Minister” : the Minister of Education, Recreation and Sports.

1968, c. 66, s. 1; 1985, c. 21, s. 96; 1988, c. 41, s. 88; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 2005, c. 28, s. 195.

DIVISION II UNIVERSITÉ DU QUÉBEC

2. A body is hereby established under the name of “Université du Québec”.

1968, c. 66, s. 2; 1989, c. 14, s. 1.

3. The objects of the University shall be higher education and research, pursued in keeping with the principles of freedom of conscience and academic freedom befitting a university; within the framework of such objects, the University shall, in particular, participate in teacher training.

1968, c. 66, s. 3; 1989, c. 14, s. 2.

4. The University shall be a legal person. It may in particular:

(a)  adopt programs of studies and a nomenclature of university degrees, diplomas and certificates;

(a.1)  confer any university degree, diploma or certificate;

(b)  recommend to the Minister the establishment under this Act of constituent universities, research institutes or superior schools;

(c)  make with any educational or research establishment any agreement which it deems useful for the pursuit of its objects;

(d)  borrow money on its credit by any method recognized by law, and especially by bills of exchange, notes or other negotiable instruments;

(e)  hypothecate its movable or immovable property to secure payment of its loans or the performance of its obligations;

(f)  issue bonds or other titles of indebtedness or securities and sell, exchange or hypothecate the same;

(g)  (paragraph repealed);

(h)  acquire, possess, lease, hold, administer and alienate property by all legal methods and under any title;

(i)  invest its funds in any manner deemed suitable, either in its own name or in the name of trustees;

(j)  accept any gift, legacy or other liberality.

1968, c. 66, s. 4; 1989, c. 14, s. 3; 1992, c. 57, s. 707; 1999, c. 40, s. 325.

5. With the authorization of the Government, the University may expropriate any immovable necessary for its purposes or those of constituent universities, research institutes or superior schools, except an immovable being used for religious or educational purposes.

1968, c. 66, s. 5.

6. The head office of the University shall be in the territory of Ville de Québec; the Board of Governors, however, may transfer it elsewhere in Québec but no such a change shall come into force until the day of publication of a notice given for such purpose in the Gazette officielle du Québec.

1968, c. 66, s. 6; 1996, c. 2, s. 987.

7. The rights and powers of the University shall be exercised by the Board of Governors composed of the following persons who shall be members thereof upon their appointment:

(a)  the president of the University;

(b)  the principal of each constituent university;

(c)  not more than four persons appointed for three years by the Government, upon the recommendation of the Minister, from among the directors generals of the research institutes and superior schools;

(d)  five persons appointed by the Government, three of whom, appointed for three years, shall be members of the faculty of constituent universities, superior schools and research institutes designated by the faculty of such universities, schools and institutes, and two, appointed for two years, shall be students of such universities, schools and institutes designated by the students of such universities, schools and institutes;

(e)  seven persons appointed for three years by the Government, upon the recommendation of the Minister, after consultation with the most representative groups of the social, cultural, business and labour communities;

(f)  one person appointed for three years by the Government, upon the recommendation of the Minister, from among college faculty-members.

1968, c. 66, s. 7; 1989, c. 14, s. 4; 1990, c. 62, s. 1.

7.1. The Board of Governors shall be presided over by the president of the University.

1990, c. 62, s. 2.

8. The term of office of the persons contemplated in subparagraphs d to f of section 7 shall not be renewed consecutively more than once.

1968, c. 66, s. 8; 1989, c. 14, s. 5.

9. Any member contemplated in subparagraph b, c or d of section 7 shall cease to be a member of the Board of Governors upon losing the qualifications required for appointment within the meaning of the by-laws made for such purpose by the Board of Governors.

1968, c. 66, s. 9; 1989, c. 14, s. 6.

10. Failure by a member of the Board of Governors contemplated in subparagraph d, e or f of section 7 to attend the number of sittings fixed by the by-laws made for such purpose by the Board of Governors shall terminate his term of office.

1968, c. 66, s. 10; 1989, c. 14, s. 7.

11. Subject to sections 9 and 10, the members of the Board of Governors shall continue to be members thereof until their successors are appointed, notwithstanding the termination of the period for which they are appointed.

1968, c. 66, s. 11.

12. In the case of the members contemplated in subparagraphs c, d, e and f of section 7, any vacancy shall be filled by following the method prescribed for the appointment of the member to be replaced.

1968, c. 66, s. 12; 1989, c. 14, s. 8.

12.1. No member of the Board of Governors other than a member contemplated by paragraph e or f of section 7 may, on pain of forfeiture of office, have any direct or indirect interest in an undertaking which places his personal interest in conflict with his duties of office. However, forfeiture shall not be incurred if such an interest devolves to him by succession or gift, provided he renounces or disposes of it with diligence.

Every member of the Board of Governors contemplated by paragraph e or f of section 7 who has a direct or indirect interest in an undertaking which places his personal interest in conflict with that of the Université du Québec shall, on pain of forfeiture of office, declare his interest in writing to the president and abstain from participating in any deliberation or decision relating to the undertaking in which he has such interest or in any sitting at which his interest is discussed.

1989, c. 14, s. 9.

12.2. Every member of the Board of Governors contemplated in paragraph d of section 7 who is also a member of the personnel of the Université du Québec or of a constituent university, research institute or superior school must leave any sitting of the Board while a matter concerning negotiations relating to the collective agreement or the collective labour contract taking its place which governs him or other members of the personnel of the Université du Québec or a constituent university, research institute or superior school is being discussed or voted on. Every member of the personnel of the Université du Québec, a constituent university, research institute or superior school must leave any sitting while any matter in which he has a personal and separate interest is being discussed or voted on.

1989, c. 14, s. 9; 1990, c. 62, s. 3.

13. The president of the University shall be appointed for five years by the Government, upon the recommendation of the Minister. He shall devote his time exclusively to the work and duties of his office.

His salary shall be fixed by the Government.

1968, c. 66, s. 13.

13.1. If the president is absent or unable to act or if the office of president is vacant, the Board of Governors shall designate one of the vice-presidents to replace the president while he is absent or unable to act or until a president is appointed by the Government.

1989, c. 14, s. 10; 1999, c. 40, s. 325.

14. The Board of Governors may appoint a vice-president for administrative affairs, a vice-president for academic affairs and research, a vice-president for planning and a secretary general; with the approval of the Minister, it may also appoint any other vice-president and assign to him the title appropriate to his functions.

1968, c. 66, s. 14; 1989, c. 14, s. 11.

15. The ordinary administration of the University shall be under the jurisdiction of an Executive Committee which shall also exercise such other powers as are assigned to it by by-law of the Board of Governors.

1968, c. 66, s. 15.

16. The Executive Committee shall be composed of the president of the University and not fewer than three nor more than six persons appointed by the Board of Governors from among its members.

1968, c. 66, s. 16.

16.1. The Board of Governors may, by by-law, delegate to the president, to a vice-president, to the secretary general or to any member of the personnel of the Université du Québec the power to authorize expenditures and, accordingly, enter into contracts in the name of the University.

Every by-law under this section shall indicate

(1)  the area of jurisdiction within which the delegation applies;

(2)  the amount of expenditure which may be authorized by the president, a vice-president, the secretary general or a member of the personnel;

(3)  any other condition relating to the delegation.

1989, c. 14, s. 12.

17. The Board of Governors may make general by-laws, applicable to the constituent universities, superior schools and research institutes, respecting:

(a)  the establishment of bodies of internal administration within such universities, schools and institutes;

(b)  the engagement of staff;

(c)  the form in which the budgetary estimates and financial statements must be submitted and the time within which they must be sent to the president of the Université du Québec;

(d)  accounting, auditing, books to be kept and returns and statistics to be furnished to the Université du Québec.

Such by-laws may include special provisions applicable only to the Université du Québec à Montréal, by reason, in particular, of its status as an associated university.

Such by-laws shall come into force on the date of their publication in the Gazette officielle du Québec.

1968, c. 66, s. 17; 1989, c. 14, s. 13; 1999, c. 40, s. 325.

18. An Academic Council is established. Such Council shall be composed of the following members:

(a)  the president of the University and, if there be such, the vice-president for academic affairs and research;

(b)  the principal of each constituent university or his representative;

(c)  the director general of each research institute and each superior school or his representative;

(d)  three professors of constituent universities, research institutes and superior schools, designated by the faculty of such universities, institutes and schools, and three students of such universities, institutes and schools, designated by the students of such universities, institutes and schools.

The term of office of the members of the Academic Council shall be fixed by the by-laws adopted for such purpose by the Board of Governors.

1968, c. 66, s. 18; 1990, c. 62, s. 4.

19. The Academic Council shall prepare the general by-laws, applicable to the constituent universities, superior schools and research institutes, respecting:

(a)  the organization of instruction and research;

(b)  the structure of curricula and the nomenclature of university degrees, diplomas or certificates;

(c)  the admission of students;

(d)  the criteria and procedure for the engagement and promotion of the members of the faculty;

(e)  the procedure to be followed at consultations of the faculty for appointments to positions of responsibility for instruction and research;

(f)  the powers and composition of the academic committee of the constituent universities and superior schools and of the research committee of the research institutes, the procedure to be followed for the appointment, and term of office of their members.

Such by-laws must be submitted for the approval of the Board of Governors; they shall come into force, after they are so approved, on the date of their publication in the Gazette officielle du Québec.

Such by-laws may include special provisions applicable only to the Université du Québec à Montréal, by reason, in particular, of its status as an associated university.

The Academic Council may also make recommendations to the Board of Governors respecting the co-ordination of instruction and research among the constituent universities, superior schools and research institutes.

1968, c. 66, s. 19; 1989, c. 14, s. 14; 1990, c. 62, s. 5.

20. The Academic Council shall be presided over by the president of the University or by any other person whom he designates.

1968, c. 66, s. 20.

21. A planning committee is established.

Such committee shall study any matter respecting the development of the Université du Québec, the constituent universities, superior schools and research institutes, and make recommendations to the Board of Governors.

The Board of Governors shall appoint the members of such committee; it may, by by-law, determine the number of members of such committee, their term of office and the extent of their powers, and decide any matter necessary for the internal management of the committee.

1968, c. 66, s. 21.

22. The Board of Governors may establish other committees, including technical advisory committees and special committees and determine the composition of such committees, the term of office of their members and the extent of their powers; it shall also appoint the members of such committees.

1968, c. 66, s. 22.

23. The University shall transmit to the Minister each year, before the date fixed by him, its operating and investment budget for the following fiscal year. Such budget shall be accompanied by the budgetary estimates for the administration and development of the University and the constituent universities, research institutes and superior schools, and their quinquennial investment plans.

1968, c. 66, s. 23.

24. The financial statements of the University shall be forwarded to the Minister within ninety days after the end of each fiscal year; they shall contain those of the constituent universities, research institutes and superior schools.

1968, c. 66, s. 24.

25. The University shall forward to the Minister, each year, a report of its activities, including those of the constituent universities, research institutes and superior schools; the Minister shall lay such report forthwith before the National Assembly.

1968, c. 66, s. 25; 1968, c. 9, s. 90.

26. (Repealed).

1968, c. 66, s. 26; 1979, c. 72, s. 395.

DIVISION III CONSTITUENT UNIVERSITIES

27. The Government, upon the recommendation of the Minister and after obtaining the advice of the Board of Governors, may constitute constituent universities, by letters patent under the Great Seal.

1968, c. 66, s. 27.

28. The letters patent shall state the name of the constituent university, the place of its head office and the first six members of its board of directors, appointed under subparagraphs a and e of section 32; they may also contain any other provision consistent with this Act.

1968, c. 66, s. 28; 1989, c. 14, s. 15.

29. Upon the petition of the board of directors of a constituent university, the Government may, upon the recommendation of the Minister and after obtaining the advice of the Board of Governors, issue supplementary letters patent to the constituent university.

A notice of the issue of the letters patent and supplementary letters patent under section 27 and the preceding paragraph shall be published in the Gazette officielle du Québec.

1968, c. 66, s. 29.

29.1. The Government may, of its own initiative or upon the petition of the board of directors of the constituent university concerned and after obtaining the advice of the Board of Governors, issue new letters patent to replace the letters patent and supplementary letters patent issued under section 28, 29 or 48.

The constituent universities created by virtue of the letters patent thus replaced shall continue their existence and shall be governed by the new provisions. By-laws and other decisions made by these constituent universities continue to apply and are deemed to have been made pursuant to the new letters patent provided they are not incompatible therewith.

A notice of the issue of the letters patent under this section shall be published in the Gazette officielle du Québec.

1990, c. 62, s. 6.

30. The objects of a constituent university shall be higher education and research; within the framework of such objects, it shall in particular participate in teacher training. It may also offer services to the community it serves.

1968, c. 66, s. 30; 1989, c. 14, s. 16.

31. Every constituent university is a legal person.

It may in particular exercise the same powers as those assigned to the University by subparagraphs c to j of section 4; the exercise of the powers provided for in subparagraphs c to h of the first paragraph of that section is subject to the conditions fixed by a by-law of the Board of Governors, which by-law may require the authorization of the Board of Governors, of the executive committee or of the president.

Any by-law made under the second paragraph shall come into force on the date of its publication in the Gazette officielle du Québec.

Any contract made by a constituent university without the authorization contemplated in the second paragraph in cases where it is required shall be without effect.

1968, c. 66, s. 31; 1990, c. 62, s. 7; 1999, c. 40, s. 325.

32. The rights and powers of a constituent university shall be exercised by a board of directors composed of the following persons who shall become members of the board upon their appointment:

(a)  the principal;

(b)  two persons holding an administrative position at the constituent university, one of whom shall be a person holding a position as head of academic affairs or head of research, appointed for five years by the Government and designated by the board of directors, upon the recommendation of the principal;

(c)  six persons appointed by the Government, upon the recommendation of the Minister, three of whom shall be professors of the constituent university appointed for three years and designated by the faculty of such university, two shall be students of the constituent university appointed for two years and designated by the students of such university and one shall be a lecturer of the constituent university appointed for three years and designated by the lecturers of such university;

(d)  one person appointed for three years by the Government on the recommendation of the Minister and chosen from among the persons recommended jointly by the general and vocational colleges of the region principally served by the constituent university;

(e)  five persons appointed for three years by the Government upon the recommendation of the Minister, after consultation with the most representative groups of the social, cultural, business and labour communities;

(f)  one graduate of the constituent university appointed for three years by the Government upon the recommendation of the Minister, after consultation with the graduate associations of such university or, if there is no associations, after consultation with the constituent university concerned.

1968, c. 66, s. 32; 1989, c. 14, s. 17; 1990, c. 62, s. 8.

33. The term of office of the persons contemplated in subparagraphs b to f of section 32 shall not be renewed consecutively more than once.

1968, c. 66, s. 33; 1989, c. 14, s. 18.

34. Every member contemplated in subparagraph b or c of section 32 shall cease to be a member of the board of directors of a constituent university upon losing the qualifications required for appointment within the meaning of the by-laws made for such purpose by the board of directors.

1968, c. 66, s. 34; 1989, c. 14, s. 19.

35. Failure by a member of the board of directors contemplated in subparagraphs b to f of section 32 to attend the number of sittings fixed by the by-laws made for such purpose by the board of directors shall terminate his term of office.

1968, c. 66, s. 35; 1989, c. 14, s. 20.

36. Subject to sections 34 and 35, the members of the board of directors shall continue to be members thereof until their successors are appointed, notwithstanding the termination of the period for which they were appointed.

1968, c. 66, s. 36.

37. In the case of the members contemplated in subparagraphs b to f of section 32, any vacancy shall be filled by following the method prescribed for the appointment of the member to be replaced.

1968, c. 66, s. 37; 1989, c. 14, s. 21.

37.1. No member of the board of directors other than a member contemplated by any of paragraphs e and f of section 32 may, on pain of forfeiture of office, have any direct or indirect interest in any undertaking which places his personal interest in conflict with his duties of office. However, forfeiture shall not be incurred if such an interest devolves to him by succession or gift, provided he renounces or disposes of it with diligence.

Every member of the board of directors contemplated by any of paragraphs e and f of section 32 who has a direct or indirect interest in an undertaking which places his personal interest in conflict with that of the constituent university shall, on pain of forfeiture of office, declare his interest in writing to the principal and abstain from participating in any deliberation or decision relating to the undertaking in which he has such interest or in any sitting at which his interest is discussed.

1989, c. 14, s. 22.

37.2. Every member of the board of directors of a constituent university contemplated in paragraph c of section 32 who is also a member of the personnel of that university must leave any sitting of the board while a matter concerning negotiations relating to the collective agreement or the collective labour contract taking its place which governs him or other members of the personnel of the constituent university is being discussed or voted on. Every member of the personnel of the constituent university who is a member of the board of directors must leave any sitting while any matter in which he has a personal and separate interest is being discussed or voted on.

1989, c. 14, s. 22; 1990, c. 62, s. 9.

38. The principal of each constituent university shall be appointed for five years by the Government upon the recommendation of the Board of Governors, after consultation with the constituent university concerned, its faculty and the groups or associations determined in the by-laws of the Board of Governors. He shall devote his time exclusively to the work and duties of his office.

His salary shall be fixed by the Government.

1968, c. 66, s. 38; 1989, c. 14, s. 23.

38.1. If the principal is absent or unable to act or if the office of principal is vacant, the Board of Governors shall appoint one of the vice-principals to replace the principal while he is absent or unable to act or until a principal is appointed by the Government.

1989, c. 14, s. 24; 1999, c. 40, s. 325.

39. The board of directors may appoint vice-principals, determine their duties and assign to them the title appropriate to their functions.

The board may also appoint a secretary general and determine his functions.

1968, c. 66, s. 39; 1990, c. 62, s. 10.

40. The current administration of a constituent university shall be under the jurisdiction of an executive committee which shall also exercise such other powers as are assigned to it by by-law of the board of directors of such university.

The executive committee shall be composed of the principal of the university and not fewer than three nor more than six persons appointed by the board of directors from among its members.

1968, c. 66, s. 40.

40.1. The board of directors may, by by-law, delegate to the principal, to a vice-principal or to any member of the personnel of the constituent university the power to authorize expenditures and, accordingly, enter into contracts in the name of the constituent university.

Every by-law under this section shall indicate

(1)  the field of jurisdiction within which the delegation applies;

(2)  the amount of expenditure which may be authorized by the principal, a vice-principal or a member of the personnel;

(3)  any other condition relating to the delegation.

1989, c. 14, s. 25.

40.2. The Université du Québec à Montréal, constituted by letters patent issued on 9 April 1969, in accordance with section 27 of this Act, is an associate university of the Université du Québec, and as such

(1)  it shall, notwithstanding paragraph a.1 of section 4, confer its own university degrees, diplomas or certificates;

(2)  it may, notwithstanding the second paragraph of section 31, enter without authorization into any agreement it deems useful for the pursuit of its objects, with any educational or research establishment;

(3)  it shall, notwithstanding section 38, make a recommendation for the appointment of its principal;

(4)  it shall, notwithstanding section 38.1, designate the person replacing the principal from among its vice-principals.

1989, c. 14, s. 25; 1999, c. 40, s. 325.

41. Subject to the general by-laws made under subparagraph f of section 19, the board of directors shall establish an academic committee whose principal duty shall be to prepare the internal by-laws respecting teaching and research. Such by-laws shall be subject to approval by the board of directors.

The academic committee may also submit to the board of directors recommendations respecting the co-ordination of instruction and research.

Until the academic committee has been established after the formation of a constituent university, the board of directors shall exercise its powers.

1968, c. 66, s. 41.

42. Subject to the provisions of this Act and the general by-laws made under sections 17 and 19, the board of directors of a constituent university may make by-laws respecting:

(a)  the internal administration of the constituent university;

(b)  the appointment and functions of the staff of the constituent university;

(c)  the management of the property of the constituent university;

(d)  the term of office of the members of the executive committee and the extent of its powers.

1968, c. 66, s. 42.

43. The studies followed in a constituent university shall be governed by the general by-laws made under section 19.

Studies shall be attested by a university degree, diploma or certificate awarded by the Université du Québec or, as the case may be, by the Université du Québec à Montréal.

1968, c. 66, s. 43; 1989, c. 14, s. 26.

44. Every constituent university shall submit each year to the Université du Québec, before the date fixed by the Board of Governors, its operating and investment budget for the following fiscal year. Such budget shall be accompanied by the budgetary estimates for the administration and development of the constituent university and its quinquennial investment plans. The budget of a constituent university shall form part of the budget of the Université du Québec.

1968, c. 66, s. 44.

45. The financial statements of a constituent university shall be forwarded to the president of the Université du Québec within sixty days after the end of each fiscal year.

The fiscal year of a constituent university shall be the same as that of the Université du Québec.

1968, c. 66, s. 45; 1990, c. 62, s. 11.

46. Every constituent university shall forward each year to the Université du Québec a report of its activities, before the date prescribed by the Board of Governors.

1968, c. 66, s. 46.

47. The Government may revoke the charter of a constituent university not contemplated by section 49, on the petition of its board of directors, after obtaining the advice of the Board of Governors and on the recommendation of the Minister.

Such revocation shall take effect on the sixtieth day after publication of a notice to that effect in the Gazette officielle du Québec.

The constituent university shall thereupon be dissolved and, after payment of its debts and the carrying out of its obligations, its property shall vest in the Université du Québec.

1968, c. 66, s. 47.

48. Notwithstanding any inconsistent legislative provision, any university not constituted under section 27 may apply to the Minister, by a petition adopted by its board of directors or by the body acting as such, to be constituted a constituent university of the Université du Québec.

The Minister shall submit every petition so presented to him to the Board of Governors of the Université du Québec to obtain its advice.

After receiving such advice, the Government may declare such university a constituent university of the Université du Québec, and grant it letters patent constituting it a legal person governed by this Act. Upon the issue of the letters patent all the rights, property and obligations of the former university shall vest in the new one and all proceedings that might have been commenced or continued by or against the former university may be commenced or continued by or against the new one.

Notice of issue of letters patent under this section shall be published in the Gazette officielle du Québec.

1968, c. 66, s. 48; 1999, c. 40, s. 325.

49. The Government may also, at the option of the petitioning university and upon the favourable advice of the Board of Governors of the Université du Québec declare that such petitioning university, while retaining its own charter, is a constituent university of the Université du Québec. Such order in council shall be published in the Gazette officielle du Québec. As soon as the order is so published, the petitioning university shall be governed by the by-laws made under subparagraphs c and d of section 17 and subparagraphs a to d of section 19; moreover, the second paragraph of section 31, the second paragraph of section 43 and sections 44 to 46 shall apply thereto with the necessary modifications.

1968, c. 66, s. 49; 1990, c. 62, s. 12.

DIVISION IV RESEARCH INSTITUTES AND SUPERIOR SCHOOLS

50. Upon the recommendation of the Minister and after obtaining the advice of the Board of Governors, the Government may establish research institutes and superior schools by letters patent under the Great Seal.

1968, c. 66, s. 50.

51. The letters patent shall state the name of the institute or school, its objects, the place of its head office and the first members of its board of directors; they may also contain any other provision consistent with this Act.

1968, c. 66, s. 51.

52. Upon petition by the Board of Governors or by the board of directors of a research institute or superior school, the Government, on the recommendation of the Minister and after obtaining the advice of the board of directors or of the Board of Governors, as the case may be, may issue supplementary letters patent to the institute or school.

A notice of the issue of the letters patent and supplementary letters patent under section 50 and the preceding paragraph shall be published in the Gazette officielle du Québec.

1968, c. 66, s. 52.

52.1. The Government may, of its own initiative or upon a petition by the board of directors of the research institute or superior school concerned and after obtaining the advice of the Board of Governors, issue new letters patent to replace the letters patent and supplementary letters patent issued under section 50, 52 or 57.

The research institutes and superior schools created by virtue of the letters patent thus replaced shall continue their existence and shall be governed by the new provisions. By-laws and other decisions made by these research institutes and superior schools continue to apply and are deemed to have been made pursuant to the new letters patent provided they are not incompatible therewith.

A notice of the issue of the letters patent under this section shall be published in the Gazette officielle du Québec.

1990, c. 62, s. 13.

53. Every constituent university is a legal person.

It may in particular exercise the same powers as those assigned to the University by subparagraphs c to j of section 4; the exercise of the powers provided for in paragraphs c to h of the said section is subject to the conditions fixed by a by-law of the Board of Governors, which by-law may require the authorization of the Board of Governors, of the executive committee or of the president.

Any by-law made under the second paragraph shall come into force on the date of its publication in the Gazette officielle du Québec.

Any contract made by an institute or school without the authorization contemplated in the second paragraph in the cases where it is required shall be without effect.

1968, c. 66, s. 53; 1990, c. 62, s. 14; 1999, c. 40, s. 325.

54. The rights and powers of a research institute or superior school shall be exercised by a board of directors composed of the number of persons determined by the letters patent issued under section 50; the letters patent shall also determine the qualifications required of the members of the board of directors, their term of office and the procedure applicable for their replacement.

1968, c. 66, s. 54.

54.1. No member of the board of directors of a research institute or of a superior school who holds an administrative position in or who is a member of the personnel of the research institute or superior school may, on pain of forfeiture of office, have any direct or indirect interest in an undertaking which places his personal interest in conflict with his duties of office. However, forfeiture shall not be incurred if such an interest devolves to him by succession or gift, provided he renounces or disposes of it with diligence.

Every other member of the board of directors who has a direct or indirect interest in an undertaking which places his personal interest in conflict with that of the institute or school shall, on pain of forfeiture of office, declare his interest in writing to the director general and abstain from participating in any deliberation or decision relating to the undertaking in which he has such interest or in any sitting at which his interest is discussed.

1989, c. 14, s. 27; 1990, c. 62, s. 15.

54.2. Every member of the personnel of a research institute or superior school who is a member of the board of directors of that institute or that school in his quality as professor, student or lecturer, must leave any sitting of the board while a matter concerning negotiations relating to the collective agreement or the collective labour contract taking its place which governs him or other members of the personnel of that institute or school is being discussed or voted on. Every member of the personnel of a research institute or superior school who is a member of the board of directors must leave any sitting while any matter in which he has a personal and separate interest is being discussed or voted on.

1989, c. 14, s. 27; 1990, c. 62, s. 16.

55. The director general of every institute and of every school shall be appointed by the Government for a term of five years on the recommendation of the Board of Governors, after consultation with the institute or school concerned, its teaching staff and such groups or associations as are determined by by-law of the Board of Governors. He must devote his time exclusively to the work and duties of his office.

His salary shall be fixed by the Government.

If the director general is absent or unable to act or if the office of director general is vacant, the Board of Governors shall designate a person from among persons holding an administrative position at the institute or school to replace the director general while he is absent or unable to act or while the office of director general remains vacant.

1968, c. 66, s. 55; 1989, c. 14, s. 28; 1990, c. 62, s. 17; 1999, c. 40, s. 325.

56. In addition to the by-laws made under sections 17 and 19, sections 40 to 47 shall apply with the necessary modifications to every research institute or superior school constituted under section 50 or 57.

In applying section 41 to a research institute, the words “academic committee” shall be replaced by the words “research committee”.

1968, c. 66, s. 56; 1989, c. 14, s. 29; 1990, c. 62, s. 18.

57. Notwithstanding any inconsistent legislative provision, any research institute or superior school which is not constituted under section 50 may apply to the Minister, by a petition adopted by its board of directors or by the body acting as such, to be constituted a research institute or superior school governed by this Act.

The Minister shall submit every petition so presented to him to the Board of Governors of the Université du Québec to obtain its advice.

After receiving such advice, the Government may grant the petition and issue letters patent constituting it a legal person governed by this Act. Upon the issue of such letters patent, all the rights, property and obligations of the former institute or school shall vest in the new institute or school, and all proceedings that might have been commenced or continued by or against the former institute or school may be commenced or continued by or against the new institute or school.

Notice of issue of letters patent under this section shall be published in the Gazette officielle du Québec.

1968, c. 66, s. 57; 1999, c. 40, s. 325.

58. The Government may also, at the option of the petitioning institute or school and upon the favourable advice of the Board of Governors of the Université du Québec, declare that such institute or school, while retaining its own charter, shall be governed by this Act. Such order in council shall be published in the Gazette officielle du Québec. As soon as the order is so published, the petitioning institute or school shall be governed by the by-laws made under subparagraphs c and d of section 17, and subparagraphs a to d of section 19; moreover, the second paragraph of section 31, the second paragraph of section 43 and sections 44 to 46 shall apply thereto with the necessary modifications.

1968, c. 66, s. 58; 1990, c. 62, s. 19.

59. The Minister of Education, Recreation and Sports shall have charge of the carrying out of this Act.

1968, c. 66, s. 60; 1985, c. 21, s. 96; 1988, c. 41, s. 88; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 2005, c. 28, s. 195.

As regards higher education, the functions of the Minister of Education, Recreation and Sports provided for in this Act are assigned to the Minister of Higher Education, Research, Science and Technology. Order in Council 878-2012 dated 20 September 2012, (2012) 144 G.O. 2 (French), 4872.

DIVISION V

This Division ceased to have effect on 17 April 1987.

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

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

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 66 of the statutes of 1968, in force on 31 December 1977, is repealed, except sections 59 and 61, effective from the coming into force of chapter U-1 of the Revised Statutes.