I-13.3, r. 10 - Basic vocational training regulation

À jour au 15 juillet 2021

Ce document a valeur officielle.

chapter I-13.3, r. 10

Basic vocational training regulation

Education Act

(chapter I-13.3, s. 448).

On 10 August 2020, the Superior Court ordered a stay of the application of the Act to amend mainly the Education Act with regard to school organization and governance (S.Q. 2020, c. 1) to English language school boards until a judgment is rendered on the merits of the application for judicical review challenging the validity of certain provisions of the Act.

See also the Regulation respecting the postponement of the designation and taking office of members of school service centres’ boards of directors and the coming into force of certain provisions, O.C. 522-2020, 2020 G.O. 2, 1391A.

CHAPTER I NATURE AND OBJECTIVES OF EDUCATIONAL SERVICES

1. The educational services offered in vocational training include training services and student services.

The purpose of the services is:

(1)  to enable persons to become increasingly autonomous;

(2)  to facilitate the social and vocational integration of persons;

(3)  to help persons enter and remain in the job market;

(4)  to enable persons to contribute to the economic, social and cultural development of the community; and

(5)  to enable persons to acquire training that is certified by the Minister.

O.C. 653-2000, s. 1.

DIVISION I TRAINING SERVICES

2. Training services are the services related to the acquisition, evaluation and certification of the competencies referred to in the programs of studies that are offered.

They also include services related to pedagogical support and the educational environment in which persons learn, from their enrollment to the completion of their studies.

O.C. 653-2000, s. 2.

3. Training services include instructional services and orientation services.

O.C. 653-2000, s. 3.

4. Instructional services may be offered by various means. Their purpose is to help persons acquire the occupational competencies leading to:

(1)  (paragraph revoked);

(2)  a Diploma of Vocational Studies, leading to a skilled trade or occupation and, if applicable, to further studies;

(3)  an Attestation of Vocational Specialization, leading to a specialization in a particular branch of a trade or occupation and, if applicable, to further studies.

O.C. 653-2000, s. 4; O.C. 490-2005, s. 1.

5. Orientation services are designed to allow persons:

(1)  to establish their learning plan following reception referral, counselling and support services, taking into account their personal and work experience and their goals; and

(2)  to explore the paths and resources available in order to carry out their learning plan based on their learning needs.

O.C. 653-2000, s. 5; O.C. 816-2021, s. 67.

DIVISION II STUDENT SERVICES

6. The student services available to persons referred to in section 1 of the Education Act (chapter I-13.3) are those set out in the Basic school regulation for preschool, elementary and secondary education (chapter I-13.3, r. 8).

The student services available to other persons are those set out in the Basic adult general education regulation (chapter I-13.3, r. 9).

O.C. 653-2000, s. 6.

CHAPTER II GENERAL ORGANIZATIONAL FRAMEWORK FOR EDUCATIONAL SERVICES

DIVISION I ADMISSION AND ENROLLMENT

7. In order to be admitted to a vocational training program, a person shall apply for admission to the school service centre offering the program.

The application for admission must include the following information:

(1)  the person’s name;

(2)  the person’s residential address;

(3)  if the person is a minor, the names and residential address of the person’s parents.

O.C. 653-2000, s. 7.

8. If the person has previously attended an educational institution in Québec, the application must include an official document bearing the permanent code assigned to the person by the Ministère de l’Éducation, du Loisir et du Sport.

If the person applying for admission is unable to provide such a document because he or she will be attending an educational institution in Québec for the first time, the application must include a birth certificate bearing the names of the person’s parents, unless the person is of full age, or a copy of the person’s act of birth issued by the registrar of civil status.

If, for one of the reasons set out in articles 130 and 139 of the Civil Code, a copy of the person’s act of birth or the person’s birth certificate cannot be provided, the application for admission must include an affidavit attesting to the person’s date and place of birth. That affidavit shall be made by the person, if of full age, or by the person and one of his parents, if the person is a minor.

O.C. 653-2000, s. 8.

9. The school service centre shall inform the person and, if the person is a minor, the person’s parents, whether the application for admission has been accepted or denied.

O.C. 653-2000, s. 9.

10. If the person is admitted, the school service centre shall enroll the person in a vocational training centre.

O.C. 653-2000, s. 10.

11. (Revoked).

O.C. 653-2000, s. 11; O.C. 490-2005, s. 2.

12. In order to be admitted to a vocational training program leading to a Diploma of Vocational Studies, a person shall:

(1)  hold a Secondary School Diploma and meet the requirements for admission to the program established by the Minister in accordance with section 465 of the Education Act (chapter I-13.3);

(2)  be at least 16 years of age on 30 September of the school year in which vocational training is to begin and meet the requirements for admission to the program established by the Minister in accordance with section 465 of the Education Act;

(3)  be 18 years of age or over and have the functional prerequisites prescribed for admission to the program by the Minister in accordance with section 465 of the Education Act; or

(4)  have earned Secondary III credits in language of instruction, second language and mathematics in programs of studies established by the Minister and continue, concurrently with his or her vocational training, his or her general education courses in secondary school second cycle programs of studies established by the Minister and required for admission to the vocational training program.

O.C. 653-2000, s. 12.

13. In order to be admitted to a vocational training program leading to an Attestation of Vocational Specialization, a person shall:

(1)  hold the Diploma of Vocational Studies required by the Minister, in accordance with section 465 of the Education Act (chapter I-13.3), as a prerequisite for admission to the program; or

(2)  carry on a trade or occupation related to the program of studies.

Those admission requirements do not apply in the case of a program to start a business.

O.C. 653-2000, s. 13.

14. A person whose prior learning is recognized as equivalent in accordance with sections 232 and 250 of the Education Act (chapter I-13.3) is considered to have earned the required credits or to hold the required diploma.

O.C. 653-2000, s. 14.

DIVISION II SCHOOL CALENDAR

15. The following days are holidays for persons enrolled in vocational training:

(1)  1 July;

(2)  the first Monday in September;

(3)  the second Monday in October;

(4)  24, 25 and 26 December;

(5)  31 December, 1 and 2 January;

(6)  Good Friday and Easter Monday;

(7)  the Monday preceding 25 May; and

(8)  24 June.

Notwithstanding the foregoing, those persons may be called upon to take part in training related to the vocational training programs on those holidays.

O.C. 653-2000, s. 15.

DIVISION III TEXTBOOKS AND INSTRUCTIONAL MATERIAL

16. Persons enrolled in a vocational training centre shall have access to the textbooks and instructional material selected in accordance with the Act for their vocational training programs.

Persons referred to in section 1 of the Education Act (chapter I-13.3) shall be provided with the textbook selected, in accordance with the Act, for every compulsory and elective subject taken in general education concurrently with their vocational training.

O.C. 653-2000, s. 16.

DIVISION IV EVALUATION OF LEARNING

17. Each vocational training competency shall be evaluated and the results expressed as a pass mark or a fail mark.

O.C. 653-2000, s. 17.

18. Persons enrolled in vocational training shall receive a statement of learning at least twice a year.

O.C. 653-2000, s. 18.

19. The vocational training centre shall provide the parents of minors with at least 4 communications per year concerning general education courses provided by the centre and taken concurrently with the vocational training courses. The communications must include 2 report cards and an end-of-year competency report.

The reports must contain at least the following information:

(1)  the school year;

(2)  the grade level;

(3)  the name of the school service centre;

(4)  the person’s name;

(5)  the person’s permanent code;

(6)  the person’s date of birth;

(7)  the parents’ names, address and telephone number;

(8)  the family relationship or responsibility linking the person with the person to whom the report is addressed;

(9)  the name of the principal of the vocational training centre;

(10)  the names of the teachers;

(11)  the name, address and telephone number of the vocational training centre;

(12)  the seal of the school service centre or the signature of the principal of the centre;

(13)  the code and title of each course taken and the name of the teacher responsible for each course;

(14)  the person’s attendance record;

(15)  the status of the development of the competencies in the vocational training programs, if the competencies have been evaluated;

(16)  (subparagraph revoked).

This section also applies to the school providing general education courses to minors concurrently with vocational training.

O.C. 653-2000, s. 19; O.C. 490-2005, s. 3.

19.1. At the end of each year, the centre shall provide the parents of minors with a competency report for the general education courses the centre has provided.

The report must include

(1)  an indication of the level of development achieved by the student for each of the competencies in the vocational training programs offered. The assessment of the level of development is based on the scales of competency levels established by the Minister for the vocational training program;

(2)  an assessment of the student’s achievement in 1 or more of the cross-curricular competencies, observed during the period concerned, in keeping with the standards and procedures for the evaluation of student achievement approved by the principal of the centre under subparagraph 3 of the first paragraph of section 110.12 of the Act; and

(3)  the student’s results in each subject taught and, where the student passes, the credits for the subjects. The results are expressed in the form of marks.

O.C. 490-2005, s. 4.

20. A person enrolled in vocational training may register for imposed examinations to earn credits without having taken the corresponding course, provided the pedagogical and organizational requirements are met.

O.C. 653-2000, s. 20.

CHAPTER III CERTIFICATION OF STUDIES

21. (Revoked).

O.C. 653-2000, s. 21; O.C. 490-2005, s. 5.

22. The Minister shall award a Diploma of Vocational Studies that specifies the trade or occupation and includes a statement of competencies to a person who has met all the admission requirements for the vocational training program and has earned all of the credits in that program.

O.C. 653-2000, s. 22.

23. The Minister shall award an Attestation of Vocational Specialization that specifies the specialization and includes a statement of competencies to a person who has earned all of the credits in a vocational training program.

O.C. 653-2000, s. 23.

24. Training centres shall give 15 hours of instructional services for each credit in a vocational training program unless fewer hours are required to achieve the compulsory objectives and cover the compulsory content of the program.

O.C. 653-2000, s. 24.

25. A person referred to in section 1 of the Education Act (chapter I-13.3) who takes concurrent courses in general education is subject, with respect to those courses, to the rules governing certification of studies prescribed under the Basic school regulation for preschool, elementary and secondary education (chapter I-13.3, r. 8). In all other cases, the person is subject to the rules under the Basic adult general education regulation (chapter I-13.3, r. 9).

O.C. 653-2000, s. 25.

CHAPTER IV FREE EDUCATIONAL SERVICES

26. To be entitled to free educational services, a resident of Québec within the meaning of the Education Act (chapter I-13.3) who has reached 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), must be enrolled, for the duration of the studies, in courses for a minimum of 15 hours a week unless the courses remaining to complete the studies require fewer hours.

This section does not apply to a person who takes part in activities referred to in section 255 of the Education Act.

O.C. 653-2000, s. 26.

27. A resident of Québec within the meaning of the Education Act (chapter I-13.3) who has reached 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), and who has not achieved the objectives of a vocational training program leading to a Diploma of Vocational Studies or to an Attestation of Vocational Specialization within the time allotted for the duration of the vocational training program, plus 20%, shall no longer be entitled to free educational services.

O.C. 653-2000, s. 27.

CHAPTER V QUALITY OF LANGUAGE

28. Vocational training centres shall take the necessary measures to ensure that all teachers and all staff members pay special attention to the quality of written and spoken language in learning and in all the centre’s activities.

O.C. 653-2000, s. 28.

CHAPTER VI FINAL PROVISIONS

29. (Omitted).

O.C. 653-2000, s. 29.

30. (Omitted).

O.C. 653-2000, s. 30.

REFERENCES

O.C. 653-2000, 2000 G.O. 2, 2608

O.C. 490-2005, 2005 G.O.2, 1665

S.Q. 2020, c. 1, s. 312

O.C. 816-2021, 2021 G.O. 2, 2103