e-9.1, r. 1 - Regulation respecting the application of the Act respecting private education

À jour au 18 mars 2017

Ce document a valeur officielle.

chapter E-9.1, r. 1

Regulation respecting the application of the Act respecting private education

Act respecting private education

(chapter E-9.1, s. 111).

The amounts prescribed in the Regulation have been indexed pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 18 March 2017, page 333. (s. 7). (Effect from 1 January 2017.)

CHAPTER I INTRODUCTORY

1. The Minister of Education, Recreation and Sports shall exercise the functions provided for in this Regulation with regard to preschool, elementary school and secondary school education, adult education services. The Minister of Higher Education, Research, Science and Technology shall exercise the functions provided for in this Regulation with regard to college level education.

O.C. 1490-93, s. 1; S.Q. 2013, c. 28, s. 195.

2. The word “institution”, used in this Regulation to refer to the subject of rights or obligations, means the person operating the institution to which the provision concerned applies.

O.C. 1490-93, s. 2.

3. In the case of a body not endowed with legal personality, the provisions of this Regulation shall apply as if the body were endowed with legal personality; the obligation to comply with those provisions lies with the persons responsible for the administration of the body.

In the case of a contractual partnership within the meaning of the Civil Code, the obligation lies with both the partnership and the partners.

O.C. 1490-93, s. 3.

CHAPTER II ISSUE, RENEWAL AND MODIFICATION OF PERMITS

DIVISION I TIME LIMIT FOR FILING AN APPLICATION

4. Every application for the issue of a permit to operate a private educational institution shall be filed with the Minister not later than 1 September preceding the school year in which the institution is scheduled to open.

O.C. 1490-93, s. 4.

5. Every application for the renewal or modification of a permit, other than an application relating to a program of studies leading to an attestation of college studies, shall be filed with the Minister not later than 1 November preceding the school year referred to in the application, except in the case of a change of name of the holder of the permit, the institution or one of its facilities.

O.C. 1490-93, s. 5.

DIVISION II PRESENTATION DOCUMENTS

6. An application for the issue, renewal or modification of a permit shall contain the information and documents referred to in Schedule A.

O.C. 1490-93, s. 6.

DIVISION III FEES EXIGIBLE

7. The amount of the fees exigible for an application for the issue of a permit shall be $332.

O.C. 1490-93, s. 7.

DIVISION IV SECURITY

8. The person or body applying for the issue or renewal of a permit to operate an institution, except in the case of an institution accredited for purposes of subsidies, shall furnish the security prescribed in this Division.

O.C. 1490-93, s. 8.

9. The security is based on the total revenue from tuition fees relating to the level of instruction for which the permit is issued as estimated in the institution’s annual budget for the first school year of the period of validity of the permit.

The security is established as follows:

 ____________________________________________________________________
|                                 |                                  |
|      Total revenue from         |                                  |
|         tuition fees            |             Security             |
|_________________________________|__________________________________|
|                                 |                                  |
|           $0 to  $49,999        |              $5,000              |
|      $50,000 to  $99,999        |             $10,000              |
|     $100,000 to $199,999        |             $20,000              |
|     $200,000 to $499,999        |             $50,000              |
|     $500,000 and over           |            $100,000              |
|_________________________________|__________________________________|        

O.C. 1490-93, s. 9; S.Q. 2013, c. 28, s. 196.

10. The security shall cover the period of validity of the permit.

If during the period of validity of the permit, the total revenue from tuition fees increases to a higher class on the scale in section 9, the institution shall, without delay, increase the security accordingly.

O.C. 1490-93, s. 10.

11. The security shall be furnished as follows:

(1)  by means of a guarantee policy in favour of the Minister according to the form prescribed in Schedule B and issued by a company authorized to stand surety in Québec;

(2)  by means of a bond or other evidence of indebtedness payable to the bearer at any time, of the same type as those referred to in paragraph 5 of article 1339 of the Civil Code; or

(3)  in cash, by certified cheque, postal money order, bank draft or certified payment order drawn on a savings and credit union to the order of the Minister of Finance.

O.C. 1490-93, s. 11.

12. Security in the form of a guarantee policy shall be kept by the Minister.

Security in the form of a bond or other evidence of indebtedness, or furnished in cash, by certified cheque, postal money order, bank draft or by certified payment order drawn on a savings and credit union shall be forwarded to the Minister of Finance, who shall hold it in trust until its expiry date.

O.C. 1490-93, s. 12.

13. Where an institution permanently ceases activities, the security shall be held for a period of 12 months or until such time as it has been shown that all amounts owing to students or clients have been refunded.

O.C. 1490-93, s. 13.

14. Where an institution does not refund the amount it owes to a student or client because it has not met its obligations under Chapter IV of the Act respecting private education (chapter E-9.1), the Minister himself shall refund the student or client out of the security in accordance with the following terms and conditions:

(1)  if the security was furnished by means of a guarantee policy, the Minister shall notify the surety to forward to him, within 60 days of the notice, the amount required to ensure a refund up to the amount of the security;

(2)  if the security was furnished by means of a bond or other evidence of indebtedness, the Minister shall ask the Minister of Finance to cash in the bond or other evidence of indebtedness and to forward to him out of that amount the amount required to ensure a refund up to the amount of the security; and

(3)  if the security was furnished in cash, by certified cheque, postal money order, bank draft or by certified payment order drawn on a savings and credit union, the Minister shall ask the Minister of Finance to forward to him the sum required to ensure a refund up to an amount equal to the amount of the security.

O.C. 1490-93, s. 14.

15. The student or client shall forward his claim to the Minister along with supporting documents.

Where the amount of the security is less than the total amount of the claims, the security shall be distributed on a pro rata basis among them.

O.C. 1490-93, s. 15.

16. Where the Minister makes a refund out of security furnished in accordance with paragraph 2 or 3 of section 11, such security shall be made up in order to comply with section 9.

O.C. 1490-93, s. 16.

CHAPTER III ADVERTISING, SOLICITATION AND OFFERS OF SERVICE

17. Every institution shall mention in any written advertising the following information as it appears in its permit:

(1)  the name and address of the institution;

(2)  the educational services or categories of educational services it is authorized to dispense; and

(3)  the programs or vocational specialties mentioned in the permit, where applicable.

In addition, the institution shall mention, where applicable, whether the instruction it dispenses is certified by examinations of the Minister or leads to a diploma or other attestation awarded by the Minister or awarded pursuant to the College Education Regulations (chapter C-29, r. 4) made under section 18 of the General and Vocational Colleges Act (chapter C-29).

O.C. 1490-93, s. 17.

18. No advertisement or offer of service shall

(1)  be formulated in such a way as to suggest that pursuing studies in that institution guarantees employment;

(2)  advertise courses in such a way as to suggest that it is an employment offer; or

(3)  mention a program of studies or educational service not mentioned in the permit.

O.C. 1490-93, s. 18.

19. In any advertisement or offer of service, the institution shall specify the language in which the course is dispensed.

O.C. 1490-93, s. 19.

CHAPTER IV EDUCATIONAL SERVICE CONTRACTS AND REGISTRATION

20. Every educational service contract or registration form shall contain the following information:

(1)  the name and address of the institution;

(2)  a list of the educational services concerned and, where applicable, accessory services concerned;

(3)  the language of instruction;

(4)  the dates of the beginning and end of the dispensation of the services;

(5)  the price agreed to for the educational services and, where applicable, accessory services, including admission or enrollment fees and other fees of a similar nature but not including the charge referred to in section 67 of the Act respecting private education (chapter E-9.1);

(6)  the complete text of sections 70 to 75 of the Act;

(7)  the following text: “The institution undertakes not to assign or sell this contract”; and

(8)  a space directly below the text referred to in paragraph 7 for the client’s signature.

O.C. 1490-93, s. 20.

21. In addition to the information referred to in section 20, the contract or registration form shall contain the following:

(1)  at the college level, the prerequisites stipulated in the training profile offered;

(2)  at the college level, the duration of the program expressed in the number of hours of theoretical or laboratory work, as the case may be;

(3)  the list of courses offered; and

(4)  the nature of the recognition or the certification of studies.

In the case of vocational education or vocational training, the contract or registration form shall also contain the standards governing admission to and the practice of the trade or occupation in question, where such standards exist.

O.C. 1490-93, s. 21.

CHAPTER V EXCLUSIONS

22. Every institution shall be exempt from the application of the first paragraph of section 32 of the Act respecting private education (chapter E-9.1) provided the institution dispenses programs of studies which the Minister of Education, Recreation and Sports judges equivalent.

In addition, if the Minister so authorizes, a religious non-profit organization or association shall be exempt from the application of subparagraph 1 of the first paragraph of section 25, the fourth paragraph of section 32 and section 35 of the Act provided the organization or association meets the conditions set out by the Minister.

O.C. 1490-93, s. 22.

22.1. The Minister may, on the conditions he determines, exempt from the application of all the provisions of the Act any person or body dispensing in its facilities a portion or all of the programs of study in vocational training determined by the Minister and enumerated in a list set up by both the Minister and the Minister of Employment and Social Solidarity.

O.C. 1139-97, s. 1.

CHAPTER VI FINAL

23. (Omitted).

O.C. 1490-93, s. 23.

24. (Omitted).

O.C. 1490-93, s. 24.

25. (Omitted).

O.C. 1490-93, s. 25.

SCHEDULE A

(s. 6)

INFORMATION AND DOCUMENTS TO BE FURNISHED FOR THE ISSUE, RENEWAL OR MODIFICATION OF A PERMIT

(An Act respecting private education (chapter E-9.1), ss. 12, 18 and 20)

 ________________________________________________________________________________
|                                                                                |
|  INFORMATION AND DOCUMENTS TO BE FURNISHED FOR:                                |
|________________________________________________________________________________|
|                                                                                |
| 1. The issue of a permit: . . . . . . . . . . . . . . . . . . . . . . 1 to 10  |
|                                                                                |
| 2. The renewal of a permit*: . . . . . . . . . . . . . . 1.1, 2, 5.2, 6 to 10  |
|                                                                                |
| 3. The modification of a permit:                                               |
|                                                                                |
|    (a) change of name . . . . . . . . . . . . . . . . . . . . . . . . . . . 1  |
|    (b) change of address* . . . . . . . . . . . . . 1.1, 2, 3.2, 5.2, 6 to 10  |
|    (c) addition of a facility*  . . . . . . . . . . . . 1.1, 2, 3. 5. 6 to 10  |
|    (d) change in student capacity  . .  1.1, 2, 3.2, 5.2, 6.3, 9.3, 9.4, 10.1  |
|    (e) addition of programs                                                    |
|        or services . . . . . . 1.1, 2, 3.1, 3.2, 4, 5.2, 6.3, 7, 9.3, 9.4, 10  |
|                                                                                |
| *  For items 6 to 10, specify only the changes made since the obtention or     |
| last renewal of the permit or the changes arising from the request for         |
| modification of the permit.                                                    |
|________________________________________________________________________________|
       

1. IDENTITY OF THE APPLICANT, THE INSTITUTION AND THE FACILITIES

1.1 Applicant’s name, address and telephone number

— attach a resolution of the board of directors (in the case of a legal person) or a declaration of the highest authority of the institution certifying the information provided and authorizing the filing of the application;

1.2 Where the applicant is a legal person

— file the letters patent and, where applicable, the certificate of registration (certificate of compliance, certificate of authenticity or certified true copy);

— file the by-laws of the legal person; and

— file the list of members of the board of directors;

Where the applicant is not a legal person

— file the certificate of registration (a certified true copy of the original, not a photocopy).

1.3 Name and address of the institution

1.4 Name and address of each facility, if different from the institution

2 PURPOSE OF THE APPLICATION

All or some of the educational services or categories of educational services, titles and numbers of programs which the institution proposes to dispense in each facility at its disposal.

3. BASIS FOR THE APPLICATION

3.1 Elements and procedures having marked the development of the project

3.2 Specify the needs to which the institution proposes to respond

4. OBJECTIVES AND ACTIVITIES OF THE INSTITUTION

Description of the general objectives of the institution and features of its educational project.

5. STUDENT POPULATION

5.1 Profile of the student population

5.2 Student enrollment estimates

— estimated number of students in each program or educational service, distinguishing, where applicable, the full-time from the part-time students; and

— information as to expected changes in student enrollment for the next 3 years of activities.

6. ADMINISTRATIVE ORGANIZATION

6.1 Administrative structure

— description of the mandates, duties and responsibilities of the various units;

— attach the organization chart;

6.2 Description of the functional links between the various persons involved

6.3 Human resources

— number of staff members in each category and employment group and their qualifications.

7. ORGANIZATION OF TEACHING

7.1 Admission policy

7.2 Language of instruction

7.3 Teaching approach

7.4 Distribution of courses and activities for each category of educational services

7.5 School calendar and student timetable

7.6 Specific measurement and evaluation policy

8. STUDENT SERVICES

Provide a description of the organizational framework (activities, plan of action, personnel) for each of the services provided in the following areas:

— student services;

— special services; and

— other services.

9. MATERIAL RESOURCES

9.1 Describe each building or facility and the location of each

9.2 Specify the terms of occupancy as owner or lessee and provide relevant documents

9.3 Describe the general and specialized premises

— area, use, furniture and equipment;

— attach a basic plan or sketch.

9.4 Determine the student capacity for each educational service or category of educational services dispensed in each facility

10. FINANCIAL RESOURCES

10.1 Budget estimates of the institution presented by fund and by category of revenue and expenditures

Attach to the budget estimates any document demonstrating that the institution will have access to sufficient financial resources.

10.2 Specify all charges and fees that will be required of the students.

O.C. 1490-93, Sch. A.

SCHEDULE B

(s. 11)

SECURITY TO BE FURNISHED PURSUANT TO THE ACT RESPECTING PRIVATE EDUCATION (chapter E-9.1)

SECURITY No ___________

WE, _______________________________________________________________________________

(name of institution)

_______________________________________________________________________________

(address)

hereinafter called “the Institution”,

AND WE, ___________________________________________________________________________

(name of the surety)

___________________________________________________________________________

(address)

hereinafter called “the Surety”, are solidarily bound to the Minister of ______________________________ of the Province of Québec, hereinafter called “the Minister”, for an amount not exceeding ______________________________ dollars ($__________), legal tender of Canada, which we hereby solidarily commit ourselves, and also our respective heirs, liquidators, administrators and successors to pay to the said Minister.

WHEREAS the institution has applied to the Minister to obtain (or renew) a permit authorizing it to operate the above-designated institution in accordance with the provisions of the Act respecting private education (chapter E-9.1) and the Regulation respecting the application of the Act.

WHEREAS under section 12 of the Act respecting private education (chapter E-9.1) and section 8 of the Regulation respecting the application of the Act, the application must be accompanied by security to guarantee the faithful execution of the obligations of the institution under Chapter IV of the Act.

THEREFORE, the condition of this security is such that if the institution promptly and faithfully executes its obligations under Chapter IV of the Act respecting private education (chapter E-9.1) and the Regulation respecting the application of the Act, this security shall be without effect; otherwise, it shall remain in full force.

IT IS UNDERSTOOD AND AGREED THAT this security is valid for the entire term of the permit and that the surety may terminate the permit only by giving at least 60 days notice in writing to the Minister of ______________________________ of the Province of Québec.

NO CLAIM may be made or legal proceedings or lawsuit instituted against the surety more than 1 year after the date on which this security ends; moreover, any claim, legal proceedings or lawsuit must be based on an act or omission which took place while the security was in force.

AT ALL EVENTS, the total liability of the surety under this security is not cumulative and is limited to the amount specified in this security or to any other amount substituted therefor by means of an amendment.

IN WITNESS WHEREOF, the institution and the surety have signed this document and the surety has affixed its seal hereto at ______________________________, this ______________________________ day of ______________________________ 20__________.

_______________________________________

Institution

_______________________________________

Surety

_____________________________________________

Witness

O.C. 1490-93, Sch. B.

REFERENCES

O.C. 1490-93, 1993 G.O. 2, 5813

O.C. 1139-97, 1997 G.O. 2, 4590

S.Q. 1997, c. 63, s. 138

S.Q. 2013, c. 28, ss. 195 and 196