Canada — Quebec Act or statute

Canada — Quebec legislation

Act respecting private education, 1992

Source excerpt

accommodationaccreditationaccreditation applicationadministrative hearingadministrative justiceadministrative noticeadmissionsadult educationadult education servicesadvertising standardsagreementagreement administrationannual compliance reportinganti-bullyinganti-bullying complianceapplicationsappointment of personnelappointmentsassessmentattendanceauditor appointmentbasic school regulationboard compositionbudgetary rulesbullying or violence reportsbullying preventionbullying responsecertificationcertification of studieschild admissionchildcarecode of ethicscode of ethics reportingcollege termcompensationcompensation limitscomplaints processingcompliancecompliance riskcompliance verificationcompulsory school attendanceconsentconsumer contractscontract cancellationcontract continuitycontract termscorporate compliancecorrective measurescourt orderscriminal/penal recordscurriculumcurriculum requirementsdecision reasonsdelegation of powersdiplomasdistance educationdistance education complianceeducationeducation administrationeducation complianceeducation contractseducation fundingeducation programseducation regulationeducation serviceseducational institutioneducational institution admissionseducational institution operationseducational service contractseducational serviceselementary school instructionemergency responseemployee disciplineemployment conditionsemployment screeningenrollment recordsexaminations administrationexpiryextracurricular servicesface covering rulesfalse or misleading informationfeesfinancial reportingfinesfit and proper assessmentgovernment contributionsimmovable useincident reportinginformation access controlinformation disclosureinformation requestsinformation verificationinstitution complianceinstitution governanceinstitution safetyinstitution staffinginstitutional accreditationinstitutional authorizationinstitutional capacityinstitutional fundinginstitutional program approvalinstitutional scopeinstitutional verificationinter-institutional agreementsinternal compliancejudicial recordjudicial record disclosurelicensinglicensing compliancelicensing requirementsmandatory incident reportingmeetingsministerial application requirementsministerial approvalministerial authorityministerial consultationministerial permitsministerial regulationministerial reportingnoticeobservationspenaltiespermit administrationpermit applicationspermit conditionspermit content requirementspermit expirypermit issuancepermit regulationpermit renewalpermitspersonnel screeningpolice coordinationpolicy compliancepreschool educationprivate educationprivate education governanceprivate educational institutionsprogram eligibilityquorumrecognition of learningrecord disclosurerecord inspectionrecord retentionrecord verificationrecordkeepingregistersregulatory complianceregulatory inquiryreligious standardsrenewalrepeat offencesreports and documentsretaliationschool administrationschool admissionschool attendanceschool curriculumschool exemptionsschool fundingschool funding calculationschool funding calculationsschool governanceschool instructional servicesschool policyschool programsschool recordsschool regulationschool safetyschool yearsecondary school programssecuritysecurity obligationsservice classificationservice contractsservices contractssite entryspecial school projectspecial school projectsstaff trainingstatutory interpretationstudent admissibility chargesstudent admissionstudent admissionsstudent assessmentstudent base amountsstudent capacitystudent certificationstudent chargesstudent conductstudent disciplinestudent exemptionsstudent fundingstudent ombudsman proceduresstudent paymentsstudent recordsstudent results transmissionstudent safetystudent servicesstudent transportationstudent transportation subsidiesstudent welfarestudent/personnel selectionsubsidiessubsidy administrationteacher continuing educationtraining attestationtuition and feestuition or fee regulationviolence preventionvocational educationvocational trainingvocational training serviceswaiverwebsite publicationwhistleblowingworkplace complianceworkplace discipline

Jurisdiction: Canada — Quebec
Structure: 244 provisions
Official identity: Year 1992
Dates: Enacted 1992 · Source version 10 Jun 2026

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Dates: Enacted 1992 · Source version 10 Jun 2026

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“0.1. The Minister of Education, Recreation and Sports shall exercise the ministerial functions and powers provided for in this Act in relation to preschool education services, elementary school instructional services, secondary school”

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Enacted 1992 · Source version 10 Jun 2026. The date shown identifies this source expression and should not be treated as proof that no later change exists.
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Section 0.1

Section 51

Section 51 is repealed.

Section 51

Section 74

Within 10 days after the contract is cancelled, the institution must return to the client any amounts it received above what it was entitled to keep.

Section 74

Section 124

Before exercising section 123 powers, the Minister must notify the institution in writing, give it at least 10 days to make observations, and send written reasons if the institution’s accreditation for subsidies is modified or revoked.

Section 124

Schedule

This schedule repeals chapter 68 of the statutes of 1992, with an exception for section 178, and later repeals specified sections of that chapter.

Schedule

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Source record from www.legisquebec.gouv.qc.ca · Enacted 1992 · Source version 10 Jun 2026

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Showing 244 of 244 provisions

Provision 208Amendment 18Offence 10Repeal 8

§ 0.1Section 0.1Provision

Source excerpt

0.1. The Minister of Education, Recreation and Sports shall exercise the ministerial functions and powers provided for in this Act in relation to preschool education services, elementary school instructional services, secondary school instructional services in general and vocational education and supplementary vocational training services related to any of those levels of education. The Minister of Higher Education, Research, Science and Technology shall exercise the ministerial functions and powers provided for in this Act in relation to college-level general and vocational instructional services and college-level supplementary vocational training services. 2013, c. 28, s. 121.

Section 0.1Verify source

§ 1Section 1Repeal

Source excerpt

This Act applies to private educational institutions that provide all or part of certain listed educational services.

1. This Act applies to every private educational institution dispensing all or some of the educational services belonging to one or more of the following categories: (1) preschool education services; (2) elementary school instructional services; (3) secondary school instructional services in general education; (4) secondary school instructional services in vocational education in the vocational education programs appearing on the list established by the Minister of Education, Recreation and Sports under section 463 of the Education Act (chapter I‐13.3) the purpose of which is to lead to a diploma, certificate or other official attestation awarded by the Minister; (5) secondary school adult education services in general education; (6) (paragraph repealed); (7) instructional services in general education at the college level; (8) instructional services in vocational training at the college level the purpose of which is to lead to a diploma or attestation of college studies awarded in accordance with the College Education Regulations established under section 18 of the General and Vocational Colleges Act (chapter C‐29); (9) supplementary vocational training, namely vocational training in the fields appearing on the list established for that purpose by government regulation and not intended to lead to a diploma, certificate or other attestation referred to in paragraph 4 or 8. 1992, c. 68, s. 1; 1993, c. 25, s. 26; 1993, c. 51, s. 58; 1994, c. 16, s. 50; 1997, c. 96, s. 167; 2005, c. 28, s. 195.

Section 1Verify source

§ 2Section 2Provision

Source excerpt

This section explains what counts as general education/instruction and what counts as vocational education or training.

2. Paragraphs 1 to 3, 5 and 7 of section 1 refer to education or instruction intended mainly to develop students’ abilities in subjects preparing them for studies at the elementary, secondary, postsecondary, college or university level, as the case may be. Vocational education or vocational training is intended mainly to develop students’ abilities so as to prepare them for an occupation, a trade or a profession. 1992, c. 68, s. 2.

Section 2Verify source

§ 3Section 3Provision

Source excerpt

A person or body that dispenses educational services for its own account, whether for profit or non-profit, is deemed to be operating an educational institution.

3. Any person or body dispensing, for profit or non-profit purposes, educational services for his or its own account shall be deemed to be operating an educational institution. 1992, c. 68, s. 3.

Section 3Verify source

§ 4Section 4Provision

Source excerpt

This Act does not apply to several listed institutions, persons, and an establishment, subject to the stated conditions.

4. In addition to the exclusions provided for by government regulation, this Act does not apply (1) to an institution operated under an Act by a government department or a body which is a mandatary of the State; (1.1) to the Conservatoire de musique et d’art dramatique du Québec; (2) to institutions 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); (3) to natural persons dispensing alone, at home, educational services to children exempted from compulsory school attendance, as provided in subparagraph 4 of the first paragraph of section 15 of the Education Act (chapter I-13.3); (4) to natural persons dispensing alone to less than five students at any one time certain subjects of a category of educational services mentioned in section 1, provided that those of the students who are subject to compulsory school attendance under Division II of Chapter I of the Education Act otherwise fulfil that obligation; (5) to an establishment with regard to supplementary vocational training dispensed to persons who participate at their employer’s request for the purposes of their work. 1992, c. 68, s. 4; 1994, c. 15, s. 33; 1994, c. 2, s. 74; 1996, c. 21, s. 70; 1999, c. 40, s. 119.

Section 4Verify source

§ 5Section 5Repeal

Source excerpt

Section 5 is repealed.

5. (Repealed). 1992, c. 68, s. 5; 1993, c. 51, s. 59.

Section 5Verify source

§ 6Section 6Provision

Source excerpt

“Institution” means the person operating the institution, when the term is used in this Act as the subject of rights or obligations.

6. The word institution, where used in this Act to refer to the subject of rights or obligations, means the person operating the institution to which the provision concerned applies. 1992, c. 68, s. 6.

Section 6Verify source

§ 7Section 7Provision

Source excerpt

7. In the case of a body not endowed with legal personality, the provisions of this Act shall apply as if the body were endowed with legal personality; the obligation to comply with such provisions lies with the persons responsible for the administration of the body. In the case of a partnership, the obligation lies with both the partnership and the partners. 1992, c. 68, s. 7; 1999, c. 40, s. 119.

Section 7Verify source

§ 8Section 8Provision

Source excerpt

References to certain statutory instruments include present and future amendments.

8. Every reference to a statutory instrument made under the Education Act (chapter I-13.3) or the General and Vocational Colleges Act (chapter C-29) includes present and future amendments. For the purposes of those statutory instruments, the terms “school service centre” and “college” mean a private educational institution or the person operating such an institution, as the case may be. 1992, c. 68, s. 8; 2020, c. 1, s. 312.

Section 8Verify source

§ 9Section 9Provision

Source excerpt

This section defines “bullying,” “school year,” and “violence” for the Act.

9. In this Act, “bullying” means any repeated direct or indirect behaviour, comment, act or gesture, whether deliberate or not, including in cyberspace, which occurs in a context where there is a power imbalance between the persons concerned and which causes distress and injures, hurts, oppresses, intimidates or ostracizes; “school year” means the period commencing on 1 July of one year and ending on 30 June of the following year; and “violence” means any intentional demonstration of verbal, written, physical, psychological or sexual force which causes distress and injures, hurts or oppresses a person by attacking their psychological or physical integrity or well-being, or their rights or property. 1992, c. 68, s. 9; 2012, c. 19, s. 22.

Section 9Verify source

§ 10Section 10Provision

Source excerpt

A person may not operate a private educational institution covered by the Act unless the required permit is held.

10. No person may operate a private educational institution to which this Act applies unless the person holds a permit for the institution and the educational services or categories of educational services that are dispensed. The permit is issued (1) by the Minister of Education, Recreation and Sports for educational services or categories of educational services referred to in paragraphs 1 to 5 of section 1; (2) by the Minister of Higher Education, Research, Science and Technology for educational services or categories of educational services referred to in paragraphs 7 and 8 of section 1; or (3) by either of those ministers for supplementary vocational training services referred to in paragraph 9 of section 1, according to the level of education to which they could be considered to belong. If an institution dispenses services under both ministers’ responsibility, a permit issued by each minister is required. 1992, c. 68, s. 10; 2013, c. 28, s. 122.

Section 10Verify source

§ 11Section 11Provision

Source excerpt

Unless the permit says otherwise, the permit holder is not authorized to operate certain distance-education institutions or institutions that restrict admission to specified students.

11. Unless otherwise mentioned in the permit, its holder is not authorized to operate (1) an institution dispensing, as distance education, educational services or categories of educational services mentioned in the permit; (2) an institution limiting admission to all or some of the educational services or categories of educational services mentioned in the permit to handicapped persons, 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), or to students with social maladjustments or learning disabilities. 1992, c. 68, s. 11; 2004, c. 31, s. 71.

Section 11Verify source

§ 12Section 12Offence

Source excerpt

The Minister must issue a permit for the specified institution and services if the applicant meets the listed conditions; the Minister may refuse or impose conditions in two stated situations.

12. The Minister shall issue, after consulting the Commission consultative de l’enseignement privé, for a particular institution and for particular educational services or categories of educational services, a permit to any person (1) who applies therefor in writing to the Minister within the time limit fixed by government regulation and furnishes, within that time limit, the information and documents prescribed by such regulation; (2) who establishes to the Minister’s satisfaction that the institution will have at its disposal the adequate human and material resources required for dispensing the educational services for which the permit is issued and sufficient financial resources for that purpose; (3) who has not been convicted of or pleaded guilty to, or whose chief executive officer has not been convicted of or pleaded guilty to an offence under this Act or section 78.1 or 78.2 of the Charter of the French language (chapter C-11) in the three years preceding the application; (4) who pays the fees fixed by government regulation; (5) who furnishes security, except in the case of an institution accredited for purposes of subsidies, to guarantee the performance of its obligations under Chapter IV in accordance with government regulations. However, the Minister may refuse to issue a permit if, during the three years preceding the application, a permit held by the applicant was revoked. Moreover, the Minister may refuse to issue a permit if, in the Minister’s opinion, doing so could allow the circumvention of section 72 of the Charter of the French language or of other provisions of that Act governing eligibility for instruction in English. The Minister may also, with a view to preventing such a result, subject a permit to any condition the Minister judges necessary. 1992, c. 68, s. 12; 2010, c. 23, s. 12; 2017, c. 23, s. 22.

Section 12Verify source

§ 12.1Section 12.1Offence

Source excerpt

The Minister may refuse a permit if the applicant, a director, shareholder, or officer has a relevant judicial record. The Minister may also establish an expert committee to advise on assessing that relevance.

12.1. The Minister may refuse to issue a permit if the applicant, one of the applicant’s directors or shareholders or an officer of the institution has a judicial record relevant to the abilities and conduct required to operate an educational institution. The Minister may establish a committee of experts to advise the Minister on how to assess the relevance of a judicial record to the abilities and conduct required to operate an educational institution. The committee is made up of persons appointed by the Minister who have relevant interest, expertise or experience. For the purposes of this section, (1) “shareholder” means a natural person who, directly or indirectly, holds voting shares of a legal person not listed on a stock exchange; and (2) “judicial record” means (a) a conviction for a criminal or penal offence committed in Canada or elsewhere, unless a pardon has been obtained for that offence; (b) a charge still pending for a criminal or penal offence committed in Canada or elsewhere; and (c) a court order subsisting against a person in Canada or elsewhere. 2017, c. 23, s. 23.

Section 12.1Verify source

§ 12.2Section 12.2Provision

Source excerpt

Police forces in Québec must provide required information and documents needed to verify whether certain judicial records exist.

12.2. Police forces in Québec are required to communicate any information and documents required by regulation that are needed to verify the existence or absence of a judicial record referred to in section 12.1, 18.1 or 119.1. 2017, c. 23, s. 23.

Section 12.2Verify source

§ 13Section 13Provision

Source excerpt

The Minister may refuse to issue certain school permits, or may issue them subject to conditions the Minister sets.

13. Notwithstanding section 12, the Minister may refuse to issue a permit authorizing, in elementary school or in general education at the secondary school level, instruction limited to certain subjects or classes, or he may subject the issue of such a permit to the conditions he determines. 1992, c. 68, s. 13.

Section 13Verify source

§ 14Section 14Provision

Source excerpt

The Minister may authorize an institution to offer specified educational services as distance education and may authorize limits on admission for certain permit-related students.

14. The Minister may, if he deems it expedient and, where applicable, on the conditions he determines, (1) authorize an institution to dispense, as distance education, the educational services or categories of educational services he determines, provided that the institution dispenses the same services to the students who attend the institution and provided that the person applying for the permit furnishes the information and documents determined by regulation of the Minister; (2) authorize the institution to limit admission to all or some of the educational services or categories of educational services mentioned in the permit to students referred to in paragraph 2 of section 11 and belonging to the category he determines. 1992, c. 68, s. 14.

Section 14Verify source

§ 15Section 15Provision

Source excerpt

15. The Minister, after consulting the Commission, may determine the maximum number, not below the capacity of the facilities at the disposal of the institution, of students who may be admitted to educational services or categories of educational services dispensed by the institution. The capacity of the facilities at the disposal of an institution is the capacity determined by the applicant for a permit at the Minister’s request and approved by the Minister. Where the applicant fails to determine such capacity, the Minister may refuse to issue the permit. In addition, the Minister may determine the minimum threshold of students resident in Québec, within the meaning of government regulations, who must be admitted to educational services or categories of educational services dispensed by the institution. 1992, c. 68, s. 15; 2024, c. 43, s. 12.

Section 15Verify source

§ 16Section 16Provision

Source excerpt

The Ministers may establish separate permits for educational services within their jurisdiction, including distance education and limits on admission to certain students.

16. The Ministers may establish separate permits for the various educational services within their jurisdiction. The same applies for the authorization to dispense educational services in the form of distance education or to limit admission to students referred to in paragraph 2 of section 11. 1992, c. 68, s. 16; 2013, c. 28, s. 123.

Section 16Verify source

§ 17Section 17Provision

Source excerpt

A permit must list the holder’s name and key institutional details, and it must specify certain authorized programs, fields, authorizations, conditions, and student-number limits where applicable.

17. The permit shall mention, in addition to the name of the holder, the name and address of the institution, the address of the buildings or premises at its disposal and, where applicable, their names and the educational services or categories of educational services the institution is authorized to dispense and, where applicable, the authorizations and conditions determined under sections 13 and 14 and the maximum number of students who may be admitted as well as the minimum threshold of students resident in Québec determined under section 15. The permit shall specify (1) where it concerns secondary school instructional services in vocational education or adult vocational education, the vocational education programs that the institution is authorized to dispense; (2) where it concerns supplementary vocational training, the fields for which the permit is granted; (3) where it concerns general or vocational education at the college level, the programs that the institution is authorized to dispense. 1992, c. 68, s. 17; 2024, c. 43, s. 13.

Section 17Verify source

§ 18Section 18Provision

Source excerpt

A permit is valid for 3 years, and the Minister must renew it for 5 years (and then for the same period) if the holder applies in writing on time, provides required documents, meets specified conditions, and has complied with the Act, its regulations, and certain Charter provisions.

18. A permit is valid for a period of 3 years. The Minister shall renew for 5 years, and subsequently for the same period, a permit held by a person who (1) applies therefor in writing to the Minister within the time limit prescribed by government regulation and furnishes, within that time limit, the information and documents prescribed by such regulation and, with regard to distance education, by regulation of the Minister; (2) meets the conditions set out in subparagraph 2 and, where applicable, in subparagraph 5 of the first paragraph of section 12; (3) has complied with the provisions of this Act and its regulations and with sections 78.1 and 78.2 of the Charter of the French language (chapter C-11) for the period of validity preceding the renewal. However, the Minister may issue or renew a permit for a different period or without a date of expiry where he deems it expedient. 1992, c. 68, s. 18; 2010, c. 23, s. 13.

Section 18Verify source

§ 18.1Section 18.1Provision

Source excerpt

The Minister may refuse to renew a permit if certain people connected to the institution have a relevant judicial record.

18.1. The Minister may refuse to renew a permit if the permit holder, one of the holder’s directors or shareholders or an officer of the institution has a judicial record relevant to the abilities and conduct required to operate an educational institution. The second and third paragraphs of section 12.1 apply to this section. 2017, c. 23, s. 24.

Section 18.1Verify source

§ 18.2Section 18.2Provision

Source excerpt

Instead of refusing to renew a permit for a reason in section 18.1, the Minister may order the holder to take corrective measures within a set time limit.

18.2. The Minister may, instead of refusing to renew the permit of a holder for a reason mentioned in section 18.1, order the holder to apply the corrective measures he indicates within the time limit he fixes. If the holder does not comply with the order, the Minister may refuse to renew his permit. 2017, c. 23, s. 24.

Section 18.2Verify source

§ 18.3Section 18.3Provision

Source excerpt

The Minister may refuse or must refuse a permit in specified public-interest or neighbourhood circumstances, and section 22.2 does not apply to decisions under these paragraphs.

18.3. The Minister may refuse to issue or renew a permit if he considers it warranted in the public interest. The Minister shall refuse to issue a permit for an institution dispensing services referred to in paragraphs 1 to 3 of section 1 if premises referred to in an authorization granted under section 667.8 of the Act respecting the governance of the health and social services system (chapter G-1.021) would be located in the neighbourhood, within the meaning of the third paragraph of that section, of the institution or of premises or a building placed at the disposal of the institution. Section 22.2 does not apply to a decision made under the first or second paragraph. 2017, c. 23, s. 24; 2025, c. 34, s. 6.

Section 18.3Verify source

§ 19Section 19Provision

Source excerpt

Before using his section 18 powers, the Minister must consult the Commission in the listed cases.

19. Before exercising his powers under section 18, the Minister shall consult the Commission in the cases appearing on the list established by the Commission and transmitted to the Minister before 1 September each year. 1992, c. 68, s. 19.

Section 19Verify source

§ 20Section 20Provision

Source excerpt

The Minister may modify a permit at a permit holder’s request if the fixed fees are paid.

20. The Minister may, at the request of a permit holder, modify the permit upon payment of the fees fixed by government regulation. To modify the educational services mentioned in his permit, the holder must meet the conditions for the issue of a permit which apply to the educational services for which the request is made. Before granting a modification, the Minister shall consult the Commission, unless the modification concerns the name of an institution or one of its facilities. The Minister shall refuse to modify the address of the institution dispensing services referred to in paragraphs 1 to 3 of section 1 or the address of the buildings or premises placed at the institution’s disposal and mentioned in the permit if premises referred to in an authorization granted under section 667.8 of the Act respecting the governance of the health and social services system (chapter G-1.021) would be located in the neighbourhood, within the meaning of the third paragraph of that section, of the institution or of the buildings or premises that would be mentioned in the permit following the modification. 1992, c. 68, s. 20; 2025, c. 34, s. 7.

Section 20Verify source

§ 21Section 21Provision

Source excerpt

A permit may be transferred only with the Minister’s written authorization.

21. No permit may be transferred except with the written authorization of the Minister. 1992, c. 68, s. 21.

Section 21Verify source

§ 22Section 22Provision

Source excerpt

Permit holders must notify the Minister of changes that make permit information inaccurate or incomplete, and of certain service failures and ownership/name changes.

22. The holder of a permit must inform the Minister of any change which renders the information provided for the issue, renewal or modification of a permit inaccurate or incomplete. He must in addition inform the Minister whenever the institution fails to dispense all or some of the educational services mentioned in its permit. Every legal person or body holding a permit must inform the Minister of any amalgamation, sale or transfer affecting it, as well as of any change in its name. 1992, c. 68, s. 22.

Section 22Verify source

§ 22.1Section 22.1Provision

Source excerpt

Before refusing to issue or renew a permit, the Minister must give the applicant or holder written notice and at least 10 days to present observations.

22.1. The Minister must, before refusing to issue or renew a permit, notify the applicant or holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the applicant or holder at least 10 days to present observations. The Minister must notify the decision in writing, with reasons, to the person to whom he refuses to issue a permit or whose permit he refuses to renew. 2017, c. 23, s. 25.

Section 22.1Verify source

§ 22.2Section 22.2Provision

Source excerpt

A Minister’s decision may be contested before the Administrative Tribunal of Québec within 60 days after notification.

22.2. The Minister’s decision may, within 60 days of being notified, be contested before the Administrative Tribunal of Québec. 2017, c. 23, s. 25.

Section 22.2Verify source

§ 23Section 23Provision

Source excerpt

This section says the division applies to preschool, elementary, and secondary instructional services provided by private educational institutions, but not adult education services.

23. This division governs preschool education services, elementary school instructional services and secondary school instructional services in general education or vocational education dispensed by private educational institutions, with the exception of adult education services. 1992, c. 68, s. 23; 1997, c. 96, s. 168.

Section 23Verify source

§ 24Section 24Provision

Source excerpt

A child must be 4 years old for preschool admission and 6 years old for elementary school admission, each by the relevant date set in the basic school regulations.

24. The age of admission to preschool education is 4 years on or before the date prescribed by the basic school regulations referred to in section 25; the age of admission to elementary school is 6 years on or before the same date. 1992, c. 68, s. 24; 2019, c. 24, s. 9. See transitional provisions, 2019, c. 24, s. 20, par. 2.

Section 24Verify source

§ 25Section 25Provision

Source excerpt

This section says the basic school regulation for the educational services covered here is the regulation made under the Education Act for school service centres, and it governs teaching subjects, admission, enrollment, attendance, promotion, the school calendar and time, student evaluation, certification, and diplomas or other official attestations.

25. The basic school regulation which applies to the educational services contemplated in this division shall be the basic school regulation prescribed under the Education Act (chapter I-13.3) which applies to the educational services of the category dispensed by school service centres, in all matters concerning (1) the subjects to be taught, subject to restrictions mentioned in the permit; (2) admission, enrollment and school attendance, including rules governing promotion from one level of instruction to another; (3) the school calendar and prescribed time, except the maximum time prescribed for preschool education; (4) the evaluation of students’ learning achievement and the certification of studies; (5) the diplomas, certificates and other official attestations awarded by the Minister, as well as the conditions governing their issue. The basic school regulation shall be applied according to the approach for progressive implementation established by the Minister under section 459 of the Education Act. 1992, c. 68, s. 25; 1997, c. 96, s. 169; 2020, c. 1, s. 312.

Section 25Verify source

§ 26Section 26Provision

Source excerpt

The institution may admit a child to elementary school in specified cases, including for humanitarian reasons or to avoid serious prejudice, if the parents apply and state reasons.

26. In the cases determined by regulation of the Minister under section 457.1 of the Education Act (chapter I-13.3), the institution may, for humanitarian reasons or to avoid serious prejudice to a child who has not reached the age of admission, upon an application from the child’s parents giving the reasons on which it is based, (1) admit the child to elementary school education for the school year in which he reaches 6 years of age; (2) admit to elementary school education a child already admitted to preschool education who has reached 5 years of age. 1992, c. 68, s. 26; 2019, c. 24, s. 10. See transitional provisions, 2019, c. 24, s. 20, par. 2.

Section 26Verify source

§ 27Section 27Provision

Source excerpt

The institution may exceptionally admit a child to preschool education for the school year when the child would otherwise be eligible for elementary school, if the child has not met preschool objectives and the other stated conditions are met.

27. Exceptionally, in the interest of the child, where a child has not achieved the objectives of preschool education, the institution may, on an application from the child’s parents giving the reasons on which it is based and in accordance with the terms and conditions determined by regulation of the Minister pursuant to section 457.1 of the Education Act (chapter I-13.3), admit that child to preschool education for the school year in which he would be eligible for elementary school education, if there is reasonable cause to believe that such a measure is necessary to foster the child’s academic progress. 1992, c. 68, s. 27; 2006, c. 51, s. 102.

Section 27Verify source

§ 28Section 28Provision

Source excerpt

The institution may, exceptionally and under stated conditions, admit a student to one additional elementary school year.

28. Exceptionally, in the interest of the student, in the case of a student who has not achieved the objectives and mastered the compulsory notional contents of elementary school education at the end of the period fixed by the basic school regulation for promotion to secondary school education, the institution may, on an application from the parents giving the reasons on which it is based and in accordance with the terms and conditions determined by regulation of the Minister under section 457.1 of the Education Act (chapter I-13.3), admit that student to elementary school education for an additional school year, if there is reasonable cause to believe that such a measure is necessary to foster the student’s academic progress. 1992, c. 68, s. 28; 2006, c. 51, s. 103.

Section 28Verify source

§ 29Section 29Provision

Source excerpt

The institution must report to the Minister by 1 March each year on the number of students admitted under the cases in sections 26 to 28.

29. The institution must report to the Minister, not later than 1 March each year, on the number of students admitted in each of the cases referred to in sections 26 to 28. 1992, c. 68, s. 29.

Section 29Verify source

§ 30Section 30Provision

Source excerpt

The institution may exempt a student from certain basic school regulation requirements, and may permit some departures, under stated conditions.

30. For humanitarian reasons or to avoid serious harm to a student, the institution may, following a request, with reasons, made by the parents of the student or by the student, if of full age, exempt the student from the application of a provision of the basic school regulation. In the case of an exemption from the rules governing certification of studies referred to in section 460 of the Education Act (chapter I‐13.3), the institution must apply therefor to the Minister. The institution may also, subject to the rules governing certification of studies prescribed by the basic school regulation, permit a departure from a provision of the basic school regulation so that a special school project may be carried out. However, the institution may only permit a departure from a list of subjects in the same cases and on the same conditions as those determined by a regulation made by the Minister under section 457.2 of the Education Act or with the authorization of the Minister given in accordance with the rules set out in section 459 of that Act. In addition, the provisions of the basic school regulation concerning exemptions or exceptions shall apply to private educational institutions. Furthermore, the institution may, subject to the rules on certification of studies prescribed in the basic school regulation, exempt from a subject prescribed in the basic school regulation a student who needs support in the programs relating to the language of instruction, a second language or mathematics; the student cannot be exempted, however, from any of these programs. 1992, c. 68, s. 30; 1997, c. 96, s. 170; 2000, c. 24, s. 53; 2004, c. 38, s. 5.

Section 30Verify source

§ 31Section 31Provision

Source excerpt

31. The preschool program shall be the program established by the Minister under section 461 of the Education Act (chapter I-13.3) or an institutional program approved by the Minister. 1992, c. 68, s. 31; 1997, c. 96, s. 171.

Section 31Verify source

§ 32Section 32Provision

Source excerpt

The Minister sets the elementary and secondary general-education programs for compulsory subjects, may prescribe related learning content, and can authorize or approve institutional replacement programs in specified cases.

32. The elementary school program of studies and the secondary school program of studies in general education shall, for compulsory subjects, be the programs established by the Minister under section 461 of the Education Act (chapter I-13.3). The same applies with respect to the activities or content the Minister may prescribe in the broad areas of learning. However, a program of studies established by the Minister may, with the Minister’s authorization and on the conditions he determines, be replaced by a program of studies developed by the institution for any student or category of students unable to profit from the program of studies established by the Minister. Every institutional program shall be submitted to the Minister for approval. In addition, the programs of studies established by the Minister may be replaced by an institutional program of studies approved by the Minister if the institution is operated under a permit restricted to some of the subjects prescribed in the basic school regulations. 1992, c. 68, s. 32; 2005, c. 20, s. 12; 2012, c. 19, s. 23.

Section 32Verify source

§ 33Section 33Provision

Source excerpt

An institution may assign extra credits to an elective subject if the Minister authorizes it.

33. The secondary school program of studies in general education developed by an institution may, with the Minister’s authorization, assign to an elective subject a number of credits that exceeds the number prescribed in the basic school regulations. 1992, c. 68, s. 33.

Section 33Verify source

§ 34Section 34Provision

Source excerpt

Vocational secondary school programs must be either programs established by the Minister under section 461 of the Education Act or institutional programs approved by the Minister.

34. The secondary school programs of studies in vocational education shall be the programs established by the Minister under section 461 of the Education Act (chapter I-13.3) or the institutional programs of studies approved by the Minister. The institution shall dispense the entire program of studies for each vocational education program mentioned in its permit. 1992, c. 68, s. 34.

Section 34Verify source

§ 35Section 35Provision

Source excerpt

Every institution must use only Minister-approved textbooks or instructional materials when teaching the programs of studies established by the Minister.

35. Every institution shall ensure that, for the teaching of the programs of studies established by the Minister, only textbooks, instructional material or categories of instructional material approved by the Minister under section 462 of the Education Act (chapter I‐13.3) are used. 1992, c. 68, s. 35; 1997, c. 96, s. 172; 2000, c. 24, s. 54.

Section 35Verify source

§ 36Section 36Provision

Source excerpt

36. Every institution shall see to the administration of the examinations imposed by the Minister and, for the purposes of the evaluation referred to in section 243 of the Education Act (chapter I-13.3), to the transmission to the Minister of students’ results for each of those examinations. The Minister shall impose examinations in the same subjects or vocational education programs as those determined under section 463 of the Education Act; he shall exercise, in that respect, the same powers as those provided for in section 470 of the said Act. 1992, c. 68, s. 36; 2020, c. 1, s. 265.

Section 36Verify source

§ 37Section 37Provision

Source excerpt

The institution must recognize any learning a student acquired outside the basic school regulation, if the Minister’s criteria or conditions under section 469 are met.

37. The institution, in accordance with the criteria or conditions established by the Minister under section 469 of the Education Act (chapter I-13.3), shall recognize any learning acquired by a student otherwise than as prescribed in the basic school regulation. 1992, c. 68, s. 37.

Section 37Verify source

§ 38Section 38Provision

Source excerpt

If an institution cancels a student’s educational service contract and the student is subject to compulsory school attendance, the institution must notify the responsible school service centre or school board.

38. An institution which cancels the educational service contract of a student subject to compulsory school attendance shall inform the school service centre or the school board responsible for that student of the cancellation. 1992, c. 68, s. 38; 2020, c. 1, s. 310.

Section 38Verify source

§ 38.1Section 38.1Provision

Source excerpt

An institution must, as soon as possible, share necessary student information with the student’s new institution or school service centre after being informed of the student’s admission there.

38.1. An institution that is informed that a student who attends the institution has been admitted to the educational services of another institution governed by this Act or of a school service centre shall communicate, as soon as possible, to that institution or school service centre the information concerning the student that is necessary for the organization and provision of the educational services. 2023, c. 32, s. 60.

Section 38.1Verify source

§ 39Section 39Provision

Source excerpt

A private educational institution must not admit a student to secondary school adult education while the student is subject to compulsory school attendance.

39. No private educational institution may admit a student to secondary school adult education while that student is subject to compulsory school attendance. 1992, c. 68, s. 39.

Section 39Verify source

§ 40Section 40Provision

Source excerpt

40. The educational services referred to in section 39, when dispensed by a private educational institution, shall be governed by the same basic school regulation as that, established pursuant to the Education Act (chapter I-13.3), which applies to adult education services of the same category dispensed by school service centres, in all matters concerning (1) the nature of the secondary school educational services and their general organizational framework; (2) conditions of admission; (3) student records; (4) evaluation of learning and recognition of achievements; (5) diplomas, certificates and other official attestations awarded by the Minister and the conditions which apply to their issue. The basic school regulation shall be applied according to the approach for progressive implementation established by the Minister under section 459 of the Education Act. The provisions of the basic school regulation concerning exceptions or exemptions shall apply to private educational institutions. 1992, c. 68, s. 40; 1997, c. 96, s. 173; 2020, c. 1, s. 312.

Section 40Verify source

§ 40.1Section 40.1Provision

Source excerpt

The institution may exempt a student from a basic school regulation provision for humanitarian reasons or to avoid serious harm, if requested with reasons by the parents or by the student if of full age.

40.1. For humanitarian reasons or to avoid serious harm to a student, the institution may, following a request, with reasons, made by the parents of the student or by the student, if of full age, exempt the student from the application of a provision of the basic school regulation. In the case of an exemption from the rules governing certification of studies referred to in section 460 of the Education Act (chapter I-13.3), the institution must obtain the authorization of the Minister. 1997, c. 96, s. 174.

Section 40.1Verify source

§ 41Section 41Provision

Source excerpt

Secondary school adult education programs must be either Minister-established programs under section 461 of the Education Act or institutional programs approved by the Minister.

41. The programs of studies for secondary school adult education shall be the programs established by the Minister under section 461 of the Education Act (chapter I-13.3), or the institutional programs of studies approved by the Minister. 1992, c. 68, s. 41; 1997, c. 96, s. 175.

Section 41Verify source

§ 42Section 42Provision

Source excerpt

Every institution must administer the examinations imposed by the Minister.

42. Every institution shall see to the administration of the examinations imposed by the Minister. The Minister shall impose examinations in the same subjects or vocational education programs as those determined under section 463 of the Education Act (chapter I-13.3); he shall exercise, in that respect, the same powers as those provided for in section 470 of the said Act. 1992, c. 68, s. 42.

Section 42Verify source

§ 43Section 43Provision

Source excerpt

The institution must recognize a person’s scholastic or experiential learning in adult education, following the Minister’s criteria or conditions.

43. The institution shall recognize, in accordance with the criteria or conditions established by the Minister under section 469 of the Education Act (chapter I-13.3), the scholastic or experiential learning of a person enrolled in adult education. 1992, c. 68, s. 43.

Section 43Verify source

§ 44Section 44Provision

Source excerpt

The College Education Regulations apply to college-level general or vocational instructional services provided by private educational institutions.

44. The College Education Regulations shall apply to general or vocational instructional services at the college level dispensed by private educational institutions. The conditions of application of the College Education Regulations are the same as those established by the Minister under section 18 of the General and Vocational Colleges Act (chapter C-29). 1992, c. 68, s. 44; 1993, c. 25, s. 27.

Section 44Verify source

§ 45Section 45Provision

Source excerpt

An educational institution must offer, for each permit-listed pre-university or technical program, at least the courses needed for students to qualify for university-level studies or for a college diploma or attestation under the College Education Regulations.

45. An educational institution shall dispense, for each program of pre-university or technical studies mentioned in its permit, at least those courses which, when combined, render the student eligible for admission to university-level studies or to a diploma or attestation of college studies awarded in accordance with the College Education Regulations. 1992, c. 68, s. 45; 1993, c. 25, s. 28.

Section 45Verify source

§ 46Section 46Provision

Source excerpt

A private educational institution must not admit a student to supplementary vocational training while the student is subject to compulsory school attendance.

46. No private educational institution may admit a student for supplementary vocational training while that student is subject to compulsory school attendance. 1992, c. 68, s. 46.

Section 46Verify source

§ 47Section 47Provision

Source excerpt

The Government may make regulations about the pedagogical aspects of supplementary vocational training services offered by private educational institutions, and those regulations may require Ministerial approval for specified items.

47. The Government may, by regulation, determine rules governing the pedagogical aspects of the supplementary vocational training services dispensed by private educational institutions. The regulation may prescribe that the following are subject to the Minister’s approval: (1) the programs of studies; (2) the instructional material to be used by the institutions; (3) the form and content of the training attestation to be issued by an institution to a student who has achieved the objectives of the programs of studies in a field authorized by its permit; (4) the standards and procedures for the evaluation of students’ learning achievement; and (5) the rules governing certification of studies by an institution. 1992, c. 68, s. 47; 2013, c. 28, s. 124.

Section 47Verify source

§ 48Section 48Provision

Source excerpt

Section 48 is marked as replaced.

48. (Replaced). 1992, c. 68, s. 48; 2013, c. 28, s. 124.

Section 48Verify source

§ 49Section 49Provision

Source excerpt

The institution must issue a training attestation to a qualifying student, and the attestation must not suggest it was issued by the Minister or that it is equivalent to certain diplomas or attestations.

49. The institution shall issue a training attestation to a student who has achieved the objectives of the programs of studies in a field authorized by its permit. The attestation must not contain any mention which may lead to believe that the attestation has been awarded by the Minister or that it is equivalent to a diploma, certificate or other attestation referred to in paragraph 4 or 8 of section 1. 1992, c. 68, s. 49; 1993, c. 25, s. 29; 1997, c. 96, s. 176; 2013, c. 28, s. 125.

Section 49Verify source

§ 50Section 50Provision

Source excerpt

Institutions must ensure certain staff hold the required teaching licence or qualifications, subject to stated exceptions.

50. Every institution shall ensure that any person it employs to dispense preschool education services or to teach in elementary or secondary school holds a teaching licence issued by the Minister of Education, Recreation and Sports under the Education Act (chapter I‐13.3), except in the cases referred to in subparagraphs 2 and 3 of the second paragraph of section 23 of the said Act. It shall also, except where it dispenses only college-level instruction or in the cases referred to in section 54, ensure that any person it employs to be in charge of the educational methods or the administration of the institution possesses the qualifications required by the regulations of the Minister of Education, Recreation and Sports. However, the Minister of Education, Recreation and Sports may, on such conditions and for such time as he determines, authorize exceptions to this section. 1992, c. 68, s. 50; 1993, c. 51, s. 60; 1994, c. 16, s. 50; 1997, c. 96, s. 177; 2005, c. 28, s. 195.

Section 50Verify source

§ 50.1Section 50.1Provision

Source excerpt

If applicable, the Minister must give written notice of certain teaching-licence decisions and include the reasons.

50.1. If applicable, the Minister shall give the institution that employs the person holding the teaching licence and the person who filed the complaint that gave rise to the decision a written notice of the decision not to renew the licence, to suspend or revoke it or to attach conditions to it, and include the reasons for the decision. 2005, c. 16, s. 12.

Section 50.1Verify source

§ 51Section 51Repeal

Source excerpt

Section 51 is repealed.

51. (Repealed). 1992, c. 68, s. 51; 1993, c. 25, s. 30.

Section 51Verify source

§ 52Section 52Repeal

Source excerpt

Section 52 is repealed.

52. (Repealed). 1992, c. 68, s. 52; 2000, c. 24, s. 55.

Section 52Verify source

§ 53Section 53Provision

Source excerpt

Every institution must ensure that people it employs for supplementary vocational training have qualifications set by the institution and approved by the Minister.

53. Every institution shall ensure that any person it employs to provide supplementary vocational training possesses the qualifications determined by the institution and approved by the Minister. 1992, c. 68, s. 53.

Section 53Verify source

§ 54Section 54Provision

Source excerpt

54. An institution dispensing only supplementary vocational training or operating under a permit restricted to certain subjects prescribed in the basic school regulation shall ensure that any person it employs to be in charge of the educational methods or the administration of the institution possesses the qualifications determined by the institution and approved by the Minister. 1992, c. 68, s. 54.

Section 54Verify source

§ 54.0.1Section 54.0.1Provision

Source excerpt

An institution must adopt a Minister-prescribed code of ethics for staff and others working with or around minor or handicapped students, include conduct expectations and reporting duties, and publish the code on its website and make it accessible on request.

54.0.1. An institution must adopt, in the form prescribed by the Minister, a code of ethics applicable to members of its personnel and to any person required to work with minor or handicapped students or be in contact with them. The code must set out, in particular, in addition to the elements that the Minister may prescribe by regulation, the practices and conduct expected of persons required to work with minor or handicapped students or be in contact with them. In addition, the code must set out the obligation to report to the institution without delay any failure to comply with its provisions that could reasonably pose a threat for the physical or psychological safety of the students. The institution shall publish the code of ethics on its website and make the code otherwise accessible to any person who requests it. 2024, c. 9, s. 26; 2025, c. 29, s. 54.

Section 54.0.1Verify source

§ 54.0.2Section 54.0.2Provision

Source excerpt

The institution must keep information confidential if it would identify a person who made a report, unless that person consents; it may disclose the identity to youth protection or the police force concerned.

54.0.2. The institution shall take all necessary measures to preserve the confidentiality of any information allowing a person who has made a report to be identified, unless the person consents to being identified. However, the institution may communicate the identity of the person to the director of youth protection or to the police force concerned. 2024, c. 9, s. 26.

Section 54.0.2Verify source

§ 54.1Section 54.1Offence

Source excerpt

54.1. For the purposes of this subdivision, (1) “judicial record” means (a) a conviction for a criminal or penal offence committed in Canada or elsewhere, unless a pardon has been obtained for that offence; (b) a charge still pending for a criminal or penal offence committed in Canada or elsewhere; and (c) a court order subsisting against a person in Canada or elsewhere; and (2) “institution” means a private educational institution dispensing all or some preschool education services, elementary school instructional services or secondary school instructional services in general or vocational education, including educational services for adults. 2005, c. 16, s. 13.

Section 54.1Verify source

§ 54.2Section 54.2Provision

Source excerpt

The institution must restrict access to judicial-record information to qualified persons and get those persons to sign a written undertaking to follow the stated limits.

54.2. For the purposes of this subdivision, the information concerning a judicial record provided for in its provisions may be gathered, used and kept only with a view to ensuring the safety and well-being of the students. The institution must ensure that that information is accessible only to the persons who are qualified to receive it by reason of their responsibilities, and that those persons undertake in writing with the institution to comply with the limitations set out in the first paragraph. 2005, c. 16, s. 13.

Section 54.2Verify source

§ 54.3Section 54.3Provision

Source excerpt

The Minister and the Minister of Public Security must make a framework agreement on procedures for Québec police forces when verifying judicial records for institutions.

54.3. The Minister and the Minister of Public Security shall make a framework agreement for establishing the procedures to be followed by Québec police forces when verifying judicial records for institutions. 2005, c. 16, s. 13.

Section 54.3Verify source

§ 54.4Section 54.4Provision

Source excerpt

The Minister must prepare and distribute a guide for institutions about verifying judicial records and behaviours that may threaten students’ physical or psychological safety.

54.4. The Minister shall prepare a guide for institutions on the verification of judicial records and of behaviours that could reasonably pose a threat for the physical or psychological safety of students and see that it is distributed. In particular, the guide must pertain to the period covered by the verification of behaviours. Behaviours that could reasonably pose a threat for the physical or psychological safety of the students include acts of sexual violence. 2005, c. 16, s. 13; 2024, c. 9, s. 27.

Section 54.4Verify source

§ 54.5Section 54.5Provision

Source excerpt

Before hiring certain persons, the institution must ensure they have no relevant judicial record, and those persons must provide a declaration of their judicial record.

54.5. Before hiring persons who would be required to work with minor or handicapped students or be regularly in contact with them, the institution must ensure that they have no judicial record relevant to the functions that could be assigned to them within that institution. To that end, those persons must send a declaration concerning their judicial record to the institution. The institution must verify the declaration or have it verified. 2005, c. 16, s. 13; 2024, c. 9, s. 28.

Section 54.5Verify source

§ 54.6Section 54.6Provision

Source excerpt

On request, staff who work with or regularly contact minor or handicapped students must give the institution a declaration about their judicial record.

54.6. At the request of the institution, persons who work with minor or handicapped students and persons who are regularly in contact with minor or handicapped students in the institution must send it a declaration concerning their judicial record so that the institution may ensure that they have no judicial record relevant to their functions within that institution. To that end, the institution may act on the strength of that declaration, or verify the declaration or have it verified. 2005, c. 16, s. 13; 2024, c. 9, s. 29.

Section 54.6Verify source

§ 54.7Section 54.7Provision

Source excerpt

If the institution reasonably believes a person working with minor or handicapped students may have a judicial record, the institution must ask for a declaration, verify it, and ensure the record is not relevant to the person’s functions. The person must respond within 10 days.

54.7. If the institution has reasonable grounds to believe that a person who works with minor or handicapped students in the institution or is regularly in contact with them has a judicial record, it must require the person to send it a declaration concerning the person’s judicial record. The person must comply with the request within 10 days. The institution must verify the declaration or have it verified, and ensure that the person has no judicial record relevant to the functions of that person within the institution. 2005, c. 16, s. 13; 2024, c. 9, s. 30.

Section 54.7Verify source

§ 54.8Section 54.8Provision

Source excerpt

Certain staff must tell the institution within 10 days after they are notified of a change in their judicial record. The institution must verify the declaration, or have it verified, and make sure the person has no judicial record relevant to their functions.

54.8. Within 10 days of being notified of a change in their judicial record, persons who work with minor or handicapped students and persons who are regularly in contact with minor or handicapped students in the institution must inform the institution of that change, regardless of whether they have already filed a declaration concerning that record. The institution must verify the declaration or have it verified, and ensure that the person has no judicial record relevant to the person’s functions within the institution. 2005, c. 16, s. 13; 2024, c. 9, s. 30.

Section 54.8Verify source

§ 54.9Section 54.9Provision

Source excerpt

An institution verifying a declaration about a judicial record may have it verified by a Québec police force and may communicate or receive information for that verification.

54.9. When an institution verifies a declaration concerning a judicial record under this subdivision, or has it verified, it may have the declaration verified, in particular, by a Québec police force and communicate or receive any information for the purposes of the verification. 2005, c. 16, s. 13.

Section 54.9Verify source

§ 54.10Section 54.10Provision

Source excerpt

The institution’s declaration form must say it may verify the declaration, including through a Québec police force, and may communicate or receive information for that verification.

54.10. The form established by the institution for declarations concerning a judicial record under this subdivision must state that the institution may verify the declaration, or have it verified, in particular by a Québec police force, and communicate or receive any information for the purposes of the verification. The declaration form must also state that the institution will inform the Minister of each case in which it has concluded that the judicial record of a person holding a teaching licence is relevant to the functions that are assigned or that could be assigned to that person within the institution. 2005, c. 16, s. 13.

Section 54.10Verify source

§ 54.11Section 54.11Provision

Source excerpt

The institution must tell the Minister when it decides that a teaching-licence holder’s judicial record is relevant to the person’s assigned or assignable functions.

54.11. The institution must inform the Minister of each case in which it has concluded that the judicial record of a person holding a teaching licence is relevant to the functions that are assigned or that could be assigned to that person within the institution. 2005, c. 16, s. 13.

Section 54.11Verify source

§ 54.11.1Section 54.11.1Provision

Source excerpt

Before hiring certain staff who will work with minor or handicapped students, the institution must screen for behaviour posing a reasonable threat to student safety. Those persons must also provide a declaration and, in some cases, written consent and a decision on whether information may be communicated to the institution.

54.11.1. Before hiring persons who would be required to work with its minor or handicapped students or be regularly in contact with them, the institution shall ensure that those persons have not exhibited behaviour that could reasonably pose a threat for the physical or psychological safety of students in the exercise of their functions in a school service centre or in an educational institution governed by this Act or an educational body in Québec that provide all or part of the educational services covered by the Education Act (chapter I-13.3). For that purpose, those persons shall send to the institution a declaration concerning the functions they exercise or have exercised in a school service centre or in such an institution or body. The declaration must be accompanied by the written consent of the person concerned to the verification of the information or documents necessary for establishing the existence or absence of any behaviour referred to in the first paragraph and, where applicable, to the communication of the absence of such information or documents. If the verification reveals information or documents that could establish the existence of such behaviour, the person must, after examining them and if the person still wishes to apply, decide whether he consents to them being communicated to the institution that requests them in order for the institution to assess the content. 2024, c. 9, s. 31.

Section 54.11.1Verify source

§ 54.11.1.1Section 54.11.1.1Provision

Source excerpt

At the institution’s request, certain staff or regular contacts must provide a declaration about their past or current functions, and the institution must make sure they have not shown behaviour that could reasonably threaten students’ physical or psychological safety.

54.11.1.1. At the request of the institution, persons who work with its minor or handicapped students and persons who are regularly in contact with them must send it a declaration concerning the functions they exercise or have exercised in a school service centre or in an educational institution governed by this Act or an educational body in Québec that provide all or part of the educational services covered by the Education Act (chapter I-13.3). The institution shall ensure that those persons have not exhibited behaviour that could reasonably pose a threat for the physical or psychological safety of students in the exercise of their functions in a school service centre or in such an institution or body. The third paragraph of section 54.11.1 applies, with the necessary modifications, to such a declaration. 2024, c. 9, s. 31.

Section 54.11.1.1Verify source

§ 54.11.2Section 54.11.2Provision

Source excerpt

An institution must provide certain information and documents on request for student-safety screening, and must keep the necessary information and documents for that purpose.

54.11.2. Every institution must, at the request of a school service centre or of an educational institution governed by this Act or an educational body in Québec that provide all or part of the educational services covered by the Education Act (chapter I-13.3), provide it with the information and documents the institution holds and that are required to establish the existence or absence of behaviour that could reasonably pose a threat for the physical or psychological safety of students with a view to the hiring of a person who would be required to work with the centre’s, institution’s or body’s minor or handicapped students or be regularly in contact with them or for the purpose of verifying the existence or absence of such behaviour from a person who works with those minor or handicapped students or is regularly in contact with them. The institution shall keep the information and documents necessary for the purposes of this subdivision, taking into account the guide prepared by the Minister in accordance with section 54.4. 2024, c. 9, s. 31.

Section 54.11.2Verify source

§ 54.11.3Section 54.11.3Provision

Source excerpt

If the institution concludes that conduct posing a reasonable threat to students’ physical or psychological safety has occurred, the person must send the institution a declaration about the functions they perform in certain Québec education settings.

54.11.3. Where an institution concludes that behaviour that could reasonably pose a threat for the physical or psychological safety of students has been exhibited by a person who works with its minor or handicapped students or is regularly in contact with them in the exercise of his functions, that person must send to the institution a declaration concerning the functions he exercises in a school service centre or in an educational institution governed by this Act or an educational body in Québec that provide all or part of the educational services covered by the Education Act (chapter I-13.3). The institution shall inform the school service centre and any educational institution governed by this Act and any educational body in Québec that provide all or part of the educational services covered by the Education Act in which the person exercises a function of the situation. 2024, c. 9, s. 31.

Section 54.11.3Verify source

§ 54.11.4Section 54.11.4Provision

Source excerpt

An employee of an institution who has reasonable grounds to believe a teacher committed a serious fault or a derogatory act that could threaten students’ physical or psychological safety must report it to the Minister without delay.

54.11.4. Any employee of an institution who, in the exercise of his functions, has reasonable grounds to believe that a teacher has committed a serious fault in the exercise of his functions or an act derogatory to the honour or dignity of the teaching profession involving behaviour that could reasonably pose a threat for the physical or psychological safety of students must report the situation without delay to the Minister. 2024, c. 9, s. 31.

Section 54.11.4Verify source

§ 54.11.5Section 54.11.5Provision

Source excerpt

An agreement or decree cannot stop an institution from considering a prior disciplinary measure when disciplining certain employees working with, or regularly in contact with, minor or handicapped students for conduct that could threaten students’ physical or psychological safety.

54.11.5. No provision of an agreement or decree within the meaning of the Act respecting labour standards (chapter N-1.1) may have the effect of preventing an institution, where the latter imposes a disciplinary measure on an employee who works with minor or handicapped students or is regularly in contact with them because of a behaviour that could reasonably pose a threat for the physical or psychological safety of students, from taking into account a disciplinary measure that has previously been imposed on the employee because of such a behaviour. 2024, c. 9, s. 31.

Section 54.11.5Verify source

§ 54.11.6Section 54.11.6Provision

Source excerpt

Personnel of a non-subsidized institution must perform their functions with their face uncovered, unless a health, disability, or job/task requirement applies. The institution must take necessary means to ensure compliance.

54.11.6. Members of the personnel of an institution not accredited for purposes of subsidies must exercise their functions with their face uncovered, unless their face must be covered for health reasons or because of a handicap or of requirements tied to their functions or to the performance of certain tasks. The institution must take the necessary means to ensure compliance with the obligation provided for in the first paragraph. A provision of a collective agreement or a decree within the meaning of the Act respecting labour standards (chapter N-1.1) or of any other contract concerning conditions of employment that is incompatible with the provisions of this section is absolutely null. 2025, c. 29, s. 55.

Section 54.11.6Verify source

§ 54.12Section 54.12Provision

Source excerpt

Teachers must complete at least 30 hours of continuing education every two school years, starting on 1 July of each odd-numbered year.

54.12. Teachers must undergo at least 30 hours of continuing education activities per period of two school years beginning on 1 July of every odd-numbered year. They shall choose the continuing education activities that best meet their needs in connection with developing their skill set, subject to the conditions and procedures prescribed under section 457 of the Education Act (chapter I-13.3). “Continuing education activity” means participating in a structured activity, including a course, seminar, convention or conference organized by the Minister, a university-level educational institution, a school service centre, an educational institution governed by this Act, another body or a peer. Reading specialized literature is also recognized as a continuing education activity as is participating as an instructor in such an activity. The institution must see to it that teachers fulfill their continuing education obligation. 2020, c. 1, s. 266; 2023, c. 32, s. 61.

Section 54.12Verify source

§ 55Section 55Provision

Source excerpt

A permit holder must use only the name shown on the permit when identifying the institution or a facility used by the institution.

55. No permit holder may identify the institution or a facility at the disposal of the institution by any name other than the name appearing on his permit. 1992, c. 68, s. 55.

Section 55Verify source

§ 56Section 56Provision

Source excerpt

The holder must post his permit in a conspicuous place in a facility of the institution.

56. The holder must post his permit in a conspicuous place in a facility of the institution. 1992, c. 68, s. 56.

Section 56Verify source

§ 57Section 57Repeal

Source excerpt

Section 57 is repealed.

57. (Repealed). 1992, c. 68, s. 57; 2000, c. 24, s. 55.

Section 57Verify source

§ 58Section 58Repeal

Source excerpt

Section 58 is repealed.

58. (Repealed). 1992, c. 68, s. 58; 2000, c. 24, s. 55.

Section 58Verify source

§ 59Section 59Provision

Source excerpt

Every institution must comply with government regulations for advertising, solicitation, and offers of service.

59. Every institution must comply with government regulations in its advertising, solicitation and offers of service. 1992, c. 68, s. 59.

Section 59Verify source

§ 59.1Section 59.1Provision

Source excerpt

An institution must not solicit or receive gifts, legacies, subsidies, contributions, or other benefits if the attached conditions conflict with the educational services it provides.

59.1. An institution may not solicit or receive a gift, legacy, subsidy, contribution or other benefit to which conditions incompatible with the educational services dispensed are attached. 2017, c. 23, s. 26.

Section 59.1Verify source

§ 60Section 60Provision

Source excerpt

Distance education institutions must follow the Minister’s regulatory standards, as well as the permit conditions that already apply to them.

60. Every institution dispensing distance education must, in addition to the conditions mentioned in its permit, comply with the standards determined by regulation of the Minister. 1992, c. 68, s. 60.

Section 60Verify source

§ 61Section 61Provision

Source excerpt

The Minister may make an agreement with an institution for it to offer courses to students or provide other educational services, subject to the agreement’s conditions.

61. The Minister may enter into an agreement with an institution whereby the institution undertakes, on the conditions agreed upon in the agreement, to dispense courses to students or to provide other services of an educational nature. 1992, c. 68, s. 61.

Section 61Verify source

§ 62Section 62Provision

Source excerpt

An institution may arrange student transportation through a school service centre, or with ministerial authorization organize it itself and charge students the cost after any subsidies are deducted.

62. An institution may enter into an agreement with a school service centre under section 294 of the Education Act (chapter I-13.3) to provide transportation for the students of the institution who are enrolled in preschool education, elementary or secondary school or in adult education and claim from them the cost it is required to assume pursuant to section 296 of the said Act after deducting the subsidies granted for that purpose, if any. The institution may also, with the authorization of the Minister, organize independently all or part of the transportation of the students referred to in the first paragraph and enter into an agreement for that purpose. It may claim the cost of such transportation from the students using the service after deducting the subsidies granted for that purpose, if any. Sections 297 and 298 of the Education Act and the regulations made under section 453 of that Act apply, adapted as required, to an institution which organizes transportation independently for its students. An institution to which the second paragraph applies may enter into an agreement with another such institution to provide transportation for its students. 1992, c. 68, s. 62; 1997, c. 96, s. 178; 2020, c. 1, s. 312.

Section 62Verify source

§ 62.1Section 62.1Provision

Source excerpt

An institution may provide childcare at school only for children it already serves with preschool education or elementary school instructional services.

62.1. An institution may only provide childcare at school to children to whom it already provides preschool education services or elementary school instructional services. 1997, c. 58, s. 42; 1997, c. 96, s. 179.

Section 62.1Verify source

§ 63Section 63Provision

Source excerpt

Every institution must keep a school record for each student and a register of enrollment in the form prescribed by the Minister, and must send those documents to the Minister when it stops operating.

63. Every institution must keep a school record for each student and a register of enrollment in the form and tenor prescribed by regulation of the Minister. The institution must, upon ceasing its activities, forward to the Minister the documents mentioned in the first paragraph. 1992, c. 68, s. 63.

Section 63Verify source

§ 63.0.1Section 63.0.1Provision

Source excerpt

An educational institution in the listed categories must establish a complaint-processing procedure for matters related to its functions.

63.0.1. An institution dispensing educational services belonging to the categories referred to in paragraphs 1 to 5 of section 1 shall establish a procedure for processing complaints related to its functions. The procedure does not apply, however, to complaints filed by a student or the parents of that student with regard to the educational services belonging to the categories referred to in paragraphs 1 to 5 of section 1 that the institution provides to them or to the follow-up to a report or complaint concerning an act of bullying or violence. Those complaints are subject to the procedure provided for by the Act respecting the National Student Ombudsman (chapter P-32.01). 2022, c. 17, s. 70.

Section 63.0.1Verify source

§ 63.1Section 63.1Provision

Source excerpt

Certain educational institutions must adopt, maintain, review, and transmit an anti-bullying and anti-violence plan, and give parents a clear document about it.

63.1. An institution providing educational services belonging to the categories listed in paragraphs 1 to 5 of section 1 must provide a healthy and secure learning environment that allows every student to develop his or her full potential, free from any form of bullying or violence. To that end, the institution must adopt, in the form prescribed by the Minister, an anti-bullying and anti-violence plan. The main purpose of the plan must be to prevent and stop all forms of bullying and violence targeting a student, a teacher or any other personnel member. In addition to any elements the Minister may prescribe by regulation, the plan must include (1) an analysis of the situation prevailing at the institution with respect to bullying and violence; (2) prevention measures to put an end to all forms of bullying and violence, in particular those motivated by racism or homophobia or targeting sexual orientation, sexual identity, a handicap or a physical characteristic; (3) measures to encourage parents to collaborate in preventing and stopping bullying and violence and in creating a healthy and secure learning environment; (4) procedures for reporting, or registering a complaint concerning, an act of bullying or violence to or with the institution and, more particularly, procedures for reporting the use of social media or communication technologies for cyberbullying purposes; (5) the actions to be taken when a student, teacher or other personnel member or any other person observes an act of bullying or violence or when a report or complaint is sent to the institution by the regional student ombudsman; (6) measures to protect the confidentiality of any report or complaint concerning an act of bullying or violence; (7) supervisory or support measures for any student who is a victim of bullying or violence, for witnesses and for the perpetrator; (8) specific disciplinary sanctions for acts of bullying or violence, according to their severity or repetitive nature; and (9) the required follow-up on any report or complaint concerning an act of bullying or violence. A separate section of the anti-bullying and anti-violence plan must be for sexual violence. That section must include, in addition to the elements prescribed by the third paragraph, the following elements: (1) compulsory training activities for management and other personnel; and (2) safety measures to stop sexual violence. A document explaining the anti-bullying and anti-violence plan must be distributed to the parents. The document must indicate that it is possible to make a report or file a complaint concerning an act of sexual violence to or with the regional student ombudsman and, for a person who is dissatisfied with the follow-up on a complaint filed with the institution, to use the complaint processing procedure provided for in the Act respecting the National Student Ombudsman (chapter P-32.01). The institution shall see to it that the wording of the document is clear and accessible. The anti-bullying and anti-violence plan must be reviewed each year, and updated if necessary. The institution sends a copy of the anti-bullying and anti-violence plan and any updated version to the National Student Ombudsman. 2012, c. 19, s. 24; 2022, c. 17, s. 71; 2024, c. 9, s. 32.

Section 63.1Verify source

§ 63.2Section 63.2Provision

Source excerpt

The anti-bullying and anti-violence plan must set out the undertakings for the victim student and parents, and what the institution must do about the perpetrator and the perpetrator’s parents.

63.2. The anti-bullying and anti-violence plan must specify the form and nature of the undertakings to be given by the institution to a student who is a victim of bullying or violence and to his or her parents. It must also prescribe what action must be taken by the institution to deal with the perpetrator and his or her parents, and specify the form and nature of the undertakings they must give in order to prevent any further act of bullying or violence. 2012, c. 19, s. 24.

Section 63.2Verify source

§ 63.3Section 63.3Provision

Source excerpt

The institution’s anti-bullying and anti-violence plan must include rules of conduct and safety measures, and students must follow civility, respect, and participation requirements.

63.3. The anti-bullying and anti-violence plan must be accompanied by a document that sets out the rules of conduct and the safety measures applicable in the institution, including the obligation for students to conduct themselves in a civil and respectful manner toward their peers and the institution’s personnel, to contribute to creating a healthy and secure learning environment, and to take part in civics and anti-bullying and anti-violence activities held by the institution. In addition to the elements the Minister may prescribe by regulation, the rules of conduct must specify (1) the attitudes and conduct that are required of students at all times; (2) the behaviours and verbal or other exchanges that are prohibited at all times, including during school transportation, regardless of the means used, including social media; and (3) the applicable disciplinary sanctions, according to the severity or repetitive nature of the prohibited act. The rules of conduct and the safety measures must be presented to the students during a civics session held each year by the institution in collaboration with its personnel, and must be sent to the parents at the beginning of each school year. Every member of the institution’s personnel must collaborate in implementing the rules of conduct and see to it that every student complies with the obligation to have their face uncovered. 2012, c. 19, s. 24; 2025, c. 29, s. 59.

Section 63.3Verify source

§ 63.4Section 63.4Provision

Source excerpt

The institution’s personnel must participate in preparing the plan, rules and measures referred to in sections 63.1 and 63.3.

63.4. The plan, rules and measures provided for in sections 63.1 and 63.3 are prepared with the participation of the members of the institution’s personnel. 2012, c. 19, s. 24.

Section 63.4Verify source

§ 63.5Section 63.5Provision

Source excerpt

63.5. The institution shall set up an anti-bullying and anti-violence team and designate, from among the members of its personnel, a person to coordinate its work as part of his or her regular duties. The institution shall see to it that all the members of its personnel are informed of the institution’s rules of conduct and safety measures and anti-bullying and anti-violence measures and of the procedure to be followed when an act of bullying or violence is observed. Every personnel member shall collaborate in implementing the anti-bullying and anti-violence plan and shall see to it that no student in the institution is a victim of bullying or violence. On the occurrence of an act of bullying or violence, and after considering the best interest of the students directly involved, the person designated by the institution specifically for that purpose from among the members of its management personnel shall promptly communicate with their parents to inform them of the measures in the anti-bullying and anti-violence plan. In the case of a complaint concerning an act of sexual violence, the designated person shall also inform the student who is the victim that it is possible to refer the complaint to the Commission des services juridiques. If the student is under 14 years of age, the designated person also informs their parents of that option, and if the student is 14 years of age or over, the designated person may also inform their parents of that option, with the student’s consent. For each report and complaint received with regard to an act of sexual violence, the designated person shall send the regional student ombudsman a summary report on the nature of the incident and the follow-up measures taken. 2012, c. 19, s. 24; 2022, c. 17, s. 72.

Section 63.5Verify source

§ 63.6Section 63.6Provision

Source excerpt

The institution may suspend a student for bullying, violence, or non-compliance with conduct rules, and must inform the student’s parents of the reasons and of imposed assistance, remedial, and reintegration measures.

63.6. The institution may suspend a student if, in its opinion, such a disciplinary sanction is necessary to put an end to acts of bullying or violence or to compel the student to comply with the institution’s rules of conduct. When determining the duration of the suspension, the institution shall take into account the student’s best interest, the severity of the incidents, and any previously taken measures. The institution shall inform the student’s parents of the reasons for the suspension and of the assistance, remedial and reintegration measures imposed on the student. 2012, c. 19, s. 24.

Section 63.6Verify source

§ 63.7Section 63.7Provision

Source excerpt

The institution must support student groups that want to carry out activities to prevent and stop bullying and violence, when recommended by the team under section 63.5.

63.7. The institution shall, on the recommendation of the team established under section 63.5, support any group of students wishing to conduct activities conducive to preventing and stopping bullying and violence. 2012, c. 19, s. 24.

Section 63.7Verify source

§ 63.8Section 63.8Provision

Source excerpt

63.8. Not later than 31 December each year, the institution shall send the Minister a report which states the nature of the reports and complaints concerning an act of bullying or violence brought to the institution’s attention and the measures taken. The report must also state, in addition to the elements the Minister may prescribe, the number and nature of the reports brought to the institution’s attention concerning any failure to comply with the provisions of its code of ethics that could reasonably pose a threat for the physical or psychological safety of the students, the processing time for those reports and the measures taken. 2012, c. 19, s. 24; 2022, c. 17, s. 73; 2024, c. 9, s. 33.

Section 63.8Verify source

§ 63.9Section 63.9Provision

Source excerpt

The institution and the relevant police authority must make an agreement about emergency intervention, responses to reported bullying or violence, and prevention/investigation cooperation.

63.9. The institution and each competent authority in respect of a police force in its territory shall enter into an agreement to determine how the officers of that police force will intervene in an emergency and when an act of bullying or violence is reported to them, and to establish a mode of collaboration for prevention and investigation purposes. The Government may, by regulation, determine the essential elements and the special stipulations that the agreement must include. In the absence of an agreement between the institution and the competent authority in respect of a police force in the territory of the institution, the Minister and the Minister of Public Security shall jointly determine how the members of the police force will intervene in an emergency and when an act of bullying or violence is reported, and establish a mode of collaboration for prevention and investigation purposes, to stand in lieu of such an agreement. The institution shall send a copy of the agreement to the regional student ombudsman in charge of accountability assigned to the region in which the institution is located. 2012, c. 19, s. 24; 2022, c. 17, s. 74.

Section 63.9Verify source

§ 63.10Section 63.10Provision

Source excerpt

63.10. The institution shall enter into an agreement with Santé Québec or an institution other than a Santé Québec institution, as the case may be, or with another body in the health and social services network for the provision of services to students after an act of bullying or violence is reported. It may also enter into an agreement with a community organization operating in its territory. Any agreement under this section must stipulate, among other things, the actions to be taken jointly in such cases. The institution shall send a copy of the agreement to the regional student ombudsman in charge of accountability assigned to the region in which the institution is located. 2012, c. 19, s. 24; 2022, c. 17, s. 75; 2023, c. 34, s. 1014.

Section 63.10Verify source

§ 63.11Section 63.11Provision

Source excerpt

Regional student ombudsmen must, on request, present their activities report to the institution and answer questions about that report.

63.11. Regional student ombudsmen shall, on request, present the report of their activities sent in accordance with section 58 of the Act respecting the National Student Ombudsman (chapter P-32.01) to the institution. Regional student ombudsmen must answer any questions addressed to them concerning the report. 2022, c. 17, s. 76.

Section 63.11Verify source

§ 64Section 64Provision

Source excerpt

Every institution must send the Minister the documents and information the Minister requests, except information covered by section 6.8 of the cited Act.

64. Every institution shall prepare and forward to the Minister such documents and information, other than the information referred to in section 6.8 of the Act respecting the Ministère de l’Éducation, du Loisir et du Sport (chapter M-15), as are requested by the Minister in the exercise of his functions and powers, at such time and in such form as the Minister determines. 1992, c. 68, s. 64; 2023, c. 32, s. 62.

Section 64Verify source

§ 65Section 65Provision

Source excerpt

Every institution must send its annual financial statements to the Minister, in the time and form the Minister determines.

65. Every institution shall forward to the Minister, at such time and in such form as he determines, the annual financial statements of the institution. This section does not apply to an institution which dispenses only supplementary vocational training or which is operated under a permit restricted to certain subjects provided for in the basic school regulation. 1992, c. 68, s. 65.

Section 65Verify source

§ 65.1Section 65.1Provision

Source excerpt

65.1. Any contract that allows the total or partial use of an immovable of an institution is deemed to contain a clause allowing the institution to cancel the contract if the other contracting party or any person exhibits behaviour during such use that could reasonably pose a threat for the physical or psychological safety of the students or of the other persons present. A notice of cancellation must be sent to the other contracting party. The cancellation takes effect on receipt of the notice. No compensation or indemnity may be claimed by the other contracting party. 2016, c. 12, s. 27.

Section 65.1Verify source

§ 65.2Section 65.2Provision

Source excerpt

Agreements for extracurricular services or special school projects must be in writing and must include anti-bullying measures, training requirements, ethics-code compliance, and face-uncovered rules for service providers, subject to listed exceptions.

65.2. Any agreement between an institution and a body or person as part of providing extracurricular services or carrying out a special school project for the provision of services other than education services must be made in writing. The agreement must provide for measures to prevent and stop any form of bullying or violence during the provision of extracurricular services or implementation of the special school project and, where applicable, require that persons who would be required to work with minor or handicapped students and persons regularly in contact with minor or handicapped students inform the person designated in accordance with section 63.5 of any act of bullying or violence that they observe. The agreement must also require that, in collaboration with the institution, persons who would be required to work with minor or handicapped students and persons regularly in contact with minor or handicapped students complete proper anti-bullying and anti-violence training as soon as possible. The agreement must be accompanied by the code of ethics provided for in section 54.0.1 and provide that any person required to work with minor or handicapped students or be in contact with them must undertake to comply with that code. Lastly, the agreement must provide that any person who would be required to provide the services covered by the agreement to students must ensure the students’ compliance with the obligation to have their face uncovered. The agreement must also provide that the person must have their face uncovered when providing those services to the students, unless their face must be covered for health reasons or because of a handicap or of requirements tied to their functions or to the performance of certain tasks. 2022, c. 17, s. 77; 2024, c. 9, s. 34; 2025, c. 29, s. 64.

Section 65.2Verify source

§ 66Section 66Provision

Source excerpt

An educational service contract covered by this chapter is one where a private educational institution provides certain educational or accessory services to a natural person, and the client must pay a price to the operator.

66. The educational service contract to which this chapter applies is a contract by which a private educational institution undertakes in respect of a natural person, the client, to provide educational services belonging to a category mentioned in any of paragraphs 1 to 8 of section 1, or to provide accessory services, in return for a price which the client undertakes to pay to the operator. The price shall include the admission or enrollment fees but not the charge referred to in section 67. 1992, c. 68, s. 66.

Section 66Verify source

§ 67Section 67Provision

Source excerpt

An institution may not require a person to pay a charge for determining a student’s admissibility when making an educational service contract if that charge exceeds the amount set under the Minister’s regulations.

67. No institution may require of a person, for the making of an educational service contract, a charge to determine a student’s admissibility in excess of the amount determined in accordance with the regulations of the Minister. 1992, c. 68, s. 67.

Section 67Verify source

§ 68Section 68Provision

Source excerpt

The contract must be in writing and comply with government regulations, and a copy of the contract or enrollment must be given to the client before services begin.

68. The contract, on pain of nullity, must be evidenced in writing and must comply with government regulations. The client’s consent may be expressed by the enrollment of the student, admitted by the institution, in the educational services covered by the contract. A copy of the contract or enrollment, on pain of absolute nullity of the contract, must be given to the client before dispensation of the services has begun. 1992, c. 68, s. 68; 1999, c. 40, s. 119.

Section 68Verify source

§ 68.1Section 68.1Provision

Source excerpt

An educational service contract must state that students must have their face uncovered on the institution’s premises and while services are provided, unless a face covering is required for health reasons, disability, or certain task requirements.

68.1. The educational service contract for educational services belonging to a category mentioned in any of paragraphs 1 to 5 of section 1 of this Act must, on pain of nullity, set out the students’ obligation to have their face uncovered when they are on the premises, such as a room or an immovable, of the institution and when services are being provided to them by the institution, including services provided on behalf of the institution or those provided as part of the carrying out of a special school project, unless their face must be covered for health reasons or because of a handicap or of requirements tied to the performance of certain tasks. The contract must also provide that no accommodation or other derogation or adaptation, except those provided for by this Act, may be granted in connection with the students’ obligation to have their face uncovered. 2025, c. 29, s. 65.

Section 68.1Verify source

§ 69Section 69Provision

Source excerpt

The contract rate per month, per lesson, or per credit must stay the same for the contract’s duration.

69. The rate per month, per lesson or per credit must remain the same for the duration of the contract. 1992, c. 68, s. 69.

Section 69Verify source

§ 70Section 70Provision

Source excerpt

An institution cannot require a client to pay before its service obligation has begun, except for a regulated admission or enrollment fee.

70. No institution may require payment from a client before performance of its obligation has begun, except for the payment of an admission or enrollment fee not in excess of the amount determined in accordance with the regulations of the Minister. No institution may require payment of the client’s obligation, or balance thereof if admission or enrollment fees have been paid, in less than two reasonably equal instalments. The dates on which the instalments become due must be fixed in such a way that they fall approximately at the beginning of each half of the duration, calculated in months, lessons or credits, of the educational services for which the student is enrolled. 1992, c. 68, s. 70.

Section 70Verify source

§ 71Section 71Provision

Source excerpt

The client may cancel the contract at any time by giving notice by registered mail.

71. The client may, at any time and at his discretion, cancel the contract by giving notice to that effect by registered mail. The contract shall be cancelled by operation of law from the receipt of the notice. 1992, c. 68, s. 71.

Section 71Verify source

§ 72Section 72Provision

Source excerpt

If the client cancels before services begin, the institution may not demand compensation above a stated cap.

72. If the client cancels the contract before the provision of services has begun, the institution cannot demand compensation in excess of the amount obtained by subtracting the admission or enrollment fees from the lesser of the following two amounts: the maximum amount determined in accordance with the regulations of the Minister, and an amount representing not more than 1/10 of the total price agreed upon for the services. 1992, c. 68, s. 72.

Section 72Verify source

§ 73Section 73Offence

Source excerpt

If the client cancels after services have started, the institution may demand only specified amounts.

73. If the client cancels the contract after the provision of services has begun, the institution may demand only the following amounts from the client: (1) the price of the services provided calculated in months, lessons, or credits as specified in the contract; (2) as penalty, the amount obtained by subtracting the admission or enrollment fees from the lesser of the following two amounts: the maximum amount determined in accordance with the regulations of the Minister, and an amount representing not more than 1/10 of the total price agreed upon for the services. 1992, c. 68, s. 73.

Section 73Verify source

§ 74Section 74Provision

Source excerpt

Within 10 days after the contract is cancelled, the institution must return to the client any amounts it received above what it was entitled to keep.

74. In the ten days following the cancellation of the contract, the institution must return to the client the amounts it has received in excess of those to which it is entitled. 1992, c. 68, s. 74.

Section 74Verify source

§ 75Section 75Provision

Source excerpt

The client may demand annulment of the contract if he learns the student was admitted contrary to the admission rules for the educational services.

75. The client may demand that the contract be annulled if he becomes aware that the student was admitted to the educational services concerned in contravention of the provisions governing admission to those services. 1992, c. 68, s. 75.

Section 75Verify source

§ 76Section 76Provision

Source excerpt

A person cannot avoid this chapter’s rules by agreement, and a client cannot waive a right given by this chapter.

76. No person may depart from the provisions of this chapter by means of an agreement which provides otherwise. Furthermore, no client may waive a right conferred on him by this chapter. 1992, c. 68, s. 76.

Section 76Verify source

§ 77Section 77Provision

Source excerpt

77. The Minister, after consulting the Commission, may accredit for purposes of subsidies, a private educational institution in respect of all or some of the educational services belonging to the categories mentioned in paragraphs 1 to 4, 7 and 8 of section 1 and dispensed in a facility at the disposal of the institution. 1992, c. 68, s. 77.

Section 77Verify source

§ 78Section 78Provision

Source excerpt

When granting accreditation, the Minister must consider specified factors about the institution, its need, public support, community effects, contribution, parent participation, and policy compatibility.

78. For the purpose of granting accreditation, the Minister shall take account of, in particular, (1) the quality of the institution’s educational organization and the criteria governing the selection of the teaching and managerial personnel; (2) the importance of the need expressed to which the institution proposes to respond; (3) the extent of public support, and community involvement; (4) the effects of accreditation on resources in the community; (5) the specific contribution to be made by the institution in terms of enrichment, complementarity or diversity; (6) the level of participation of parents in the life of the institution; (7) the compatibility between the institution’s objectives and the policies of the Minister or the Government. 1992, c. 68, s. 78.

Section 78Verify source

§ 78.1Section 78.1Provision

Source excerpt

Accreditation may not be granted to certain institutions tied to religious instruction or religious segregation.

78.1. No accreditation may be granted to an institution whose provision of educational services prescribed in the basic school regulation during the hours of activities devoted to those services is based on religious standards or precepts, on the transmission of religious convictions or beliefs, or on religious practice, or to an institution that practices segregation on the basis of religious criteria in the selection of students or of personnel members. In force: 2029-04-02An accreditation may be revoked under section 123 for failure to comply with the conditions set out in the first paragraph. 2026, c. 6, s. 22.

Section 78.1Verify source

§ 79Section 79Provision

Source excerpt

The accreditation may set the maximum number of full-time students eligible for subsidies in each vocational education or technical studies program, and must state the grounds for that determination.

79. The accreditation may determine the maximum number of full-time students eligible for subsidies in each vocational education program or program of technical studies. The accreditation shall determine the grounds on which it is based. 1992, c. 68, s. 79; 1993, c. 25, s. 31.

Section 79Verify source

§ 80Section 80Provision

Source excerpt

A person seeking accreditation for an institution must apply in writing to the Minister within the time limits set by regulation.

80. Every person wishing to obtain the accreditation of his institution must apply in writing to the Minister, within the time limits prescribed by regulation of the Minister. The application shall contain the information and be submitted with the documents determined by regulation of the Minister. 1992, c. 68, s. 80.

Section 80Verify source

§ 81Section 81Provision

Source excerpt

Accreditation lasts as long as the related permit remains in force.

81. Accreditation shall be valid for the time remaining to run under the permit issued for the institution and the educational services to which it applies. Renewal of the permit entails renewal of accreditation for the same period. Where a permit is issued or renewed without a date of expiry, accreditation is also granted or renewed without a date of expiry. 1992, c. 68, s. 81.

Section 81Verify source

§ 82Section 82Provision

Source excerpt

The Minister may modify an institution’s accreditation if the permit holder requests it and the Commission is consulted.

82. At the request of the permit holder and after consulting the Commission, the Minister may modify the accreditation of an institution. In modifying an accreditation, the Minister shall take account, in particular, of the elements listed in section 78. 1992, c. 68, s. 82.

Section 82Verify source

§ 83Section 83Provision

Source excerpt

In this division, “term” means what it means in the College Education Regulations.

83. In this division, the word “term” has the same meaning as in the College Education Regulations. 1992, c. 68, s. 83; 1993, c. 25, s. 32.

Section 83Verify source

§ 84Section 84Provision

Source excerpt

84. The Minister shall establish annually, after consulting the accredited educational institutions, and submit to the Conseil du trésor for approval budgetary rules to determine the amount of subsidies to be paid to accredited educational institutions for dispensing accredited services. The budgetary rules must provide for the allocation of a base amount for each full-time student duly enrolled on the dates provided therein, in educational services belonging to one of the categories mentioned in paragraphs 1 to 4, 7 and 8 of section 1 for which the accreditation is granted, together with the standards and methods of calculating the allocation of a subsidy for part-time students enrolled at the college level, within the meaning of those rules, and of an amount in lieu of the rental value of the institution’s facilities. The budgetary rules may, in addition, provide for the granting of subsidies to an institution offering special programs established by the Minister for public education, dispensing other educational services than those referred to in the second paragraph, dispensing educational services to handicapped students or students with social maladjustments or learning disabilities otherwise than under an authorization granted under paragraph 2 of section 14 or carrying out activities agreed upon with the Minister. The budgetary rules may provide that the granting of subsidies may be subject to general conditions applicable to all institutions or special conditions applicable to one or more institutions. The budgetary rules may also provide that a subsidy under the third paragraph shall be granted to one institution or to certain institutions only. The budgetary rules may vary according to the nature of the educational services or categories of students. 1992, c. 68, s. 84; 1993, c. 25, s. 33.

Section 84Verify source

§ 84.1Section 84.1Provision

Source excerpt

Budgetary rules may set an additional financial contribution for students who are not resident in Québec, with exceptions for certain classes; the Minister may also exempt students from paying it.

84.1. The budgetary rules may also provide for the additional financial contribution chargeable to students who are not resident in Québec, within the meaning of government regulations, and provide for exceptions applicable to certain classes of such students. The Minister may, by way of exception, exempt students from the payment of the additional financial contribution. 1997, c. 87, s. 29.

Section 84.1Verify source

§ 85Section 85Provision

Source excerpt

The Minister must calculate the number of full-time students for section 84 using stated conversion rules, except for college-level students.

85. The Minister shall determine the number of full-time students referred to in the second paragraph of section 84, except those enrolled at the college level, by applying the following rules: (1) a full-time student is a student taking part, during the school year, in the minimum number of hours of activities prescribed in the basic school regulation or pursuant to any exception to the basic school regulation applicable to him; (2) the number of students who are not full-time students must be converted into the equivalent number of full-time students in the following manner: (a) by dividing, for each part-time student, the number of hours of his activities during the school year by the minimum number of hours of activities prescribed in the basic school regulation applicable to that student; (b) by adding the quotients obtained under subparagraph a; (3) in vocational education, the number of students taking part, during the school year, in a program requiring a number of hours exceeding the minimum prescribed in the basic school regulation must, for the excess hours, be converted into a number of full-time students in the following manner: (a) by dividing, for each such student, the number of excess hours referred to above by the minimum number of hours of activities prescribed in the basic school regulation; (b) by adding the quotients obtained under subparagraph a. At the college level, only students enrolled full-time, within the meaning of the budgetary rules, give entitlement to the granting of a base amount per student. 1992, c. 68, s. 85.

Section 85Verify source

§ 86Section 86Provision

Source excerpt

For section 85, certain students are excluded from the count: distance education students, and some students over the admission age limit unless admitted under a qualifying exception.

86. For the purposes of section 85, the following students are not taken into account: (1) students enrolled in distance education; (2) with regard to educational services mentioned in paragraphs 2 to 4 of section 1, students over the age limit for admission within the meaning of section 1 of the Education Act (chapter I-13.3), unless they were admitted pursuant to an exception on the same conditions as those provided for in the basic school regulation. 1992, c. 68, s. 86.

Section 86Verify source

§ 87Section 87Provision

Source excerpt

87. The base amount for each student for a given school year or, at the college level, for each full-time student for each term of a given school year, is obtained by applying to the base amount for each student fixed for the preceding school year the rate of variation of the subsidies paid for the given school year to school service centres and general and vocational colleges for the same educational service, without however taking into account subsidies paid for expenses inherent in public education. 1992, c. 68, s. 87; 2020, c. 1, s. 312.

Section 87Verify source

§ 88Section 88Provision

Source excerpt

88. Section 87 does not apply to amounts in respect of each handicapped student or student with social maladjustments or learning disabilities attending an institution operated pursuant to an authorization granted under paragraph 2 of section 14. The amount for each student referred to in the first paragraph shall be determined specifically in the budgetary rules for each institution. 1992, c. 68, s. 88.

Section 88Verify source

§ 89Section 89Provision

Source excerpt

If certain public education bodies or governments pay an additional contribution for a student, the excess must be deducted from that student’s base amount.

89. In cases where a school service centre, a school board, a general and vocational college, the Gouvernement du Québec or another government or any of their departments or agencies assumes directly or indirectly, in respect of a student, a financial contribution in addition to the contribution referred to in the first paragraph of section 93, the excess amount shall be deducted from the base amount intended for that student. 1992, c. 68, s. 89; 2020, c. 1, s. 309.

Section 89Verify source

§ 90Section 90Provision

Source excerpt

An accredited institution must deduct the additional financial contribution chargeable to a student who is not resident in Québec from that student’s subsidies.

90. The amount of the additional financial contribution referred to in section 93 chargeable by an accredited institution to a student who is not resident in Québec, within the meaning of government regulations, shall be deducted from the amount of subsidies intended for that student. 1992, c. 68, s. 90; 1997, c. 87, s. 30.

Section 90Verify source

§ 91Section 91Provision

Source excerpt

The Minister may grant transportation subsidies to certain accredited institutions, and must prepare annual budgetary rules for determining subsidy amounts and submit them to the Conseil du trésor for approval.

91. The Minister may grant a subsidy to an accredited institution authorized, pursuant to the second paragraph of section 62, to organize transportation independently for all or some of the students enrolled in the educational services for which accreditation was granted. For that purpose, he shall establish annually and submit to the Conseil du trésor for approval budgetary rules for determining the amount of the subsidies granted for the transportation of such students. The budgetary rules may provide that the subsidy may be granted on the basis of general standards which apply to all students transported or on the basis of special standards which apply only to some students. The budgetary rules may provide that the granting of a subsidy may be subject to general conditions applicable to all accredited private educational institutions or to special conditions applicable to one institution or to certain institutions. The budgetary rules may also provide that the granting of a subsidy may be subject to authorization by the Minister or that it may be granted to one institution or certain institutions only. 1992, c. 68, s. 91; 1993, c. 51, s. 61; 1994, c. 16, s. 50; 1997, c. 96, s. 180.

Section 91Verify source

§ 92Section 92Provision

Source excerpt

The institution must prepare and send the Minister the information and documents the Minister requires for subsidy decisions, in the time and form the Minister determines.

92. The institution shall prepare and forward to the Minister the information and documents he requires for the purpose of granting subsidies, at the time and in such form as he determines. 1992, c. 68, s. 92; 1997, c. 96, s. 181.

Section 92Verify source

§ 93Section 93Provision

Source excerpt

An accredited institution may not charge more than the ministerially set maximum for covered educational services, but it must charge an additional contribution to a student who is not resident in Québec, subject to ministerial budgetary rules.

93. No accredited institution may charge, for the educational services for which accreditation is granted, including admission, enrollment and other services of a similar nature, an amount in excess of the maximum amount determined by regulation of the Minister. The institution must, however, in accordance with the budgetary rules established by the Minister of Education, Recreation and Sports, charge an additional financial contribution to a student who is not resident in Québec within the meaning of government regulations. This section does not apply to the additional financial contribution paid directly or indirectly by a person, government or body referred to in section 89. 1992, c. 68, s. 93; 1997, c. 87, s. 31; 2005, c. 28, s. 195.

Section 93Verify source

§ 94Section 94Provision

Source excerpt

Each accredited institution must appoint an independent auditor every fiscal year, and the auditor’s report must be sent to the Minister with the institution’s annual financial statements.

94. For each fiscal year, an accredited institution shall appoint an independent auditor who shall produce a report of the audit of the financial operations of the institution. The Minister may specify the terms of reference applicable to all the independent auditors of accredited institutions. The report of the independent auditor must be forwarded to the Minister with the annual financial statements of the institution. 1992, c. 68, s. 94.

Section 94Verify source

§ 95Section 95Provision

Source excerpt

The private education consultative commission is continued under its existing name.

95. The Commission consultative de l’enseignement privé, instituted by the Act respecting private education (1968, chapter 67), is continued, under its name, pursuant to this Act. 1992, c. 68, s. 95.

Section 95Verify source

§ 96Section 96Provision

Source excerpt

The Commission has nine members, including a chairman, appointed by the Government.

96. The Commission is composed of nine members, including a chairman, appointed by the Government. The members, other than the chairman, shall represent the following fields: (1) five members shall represent the field of preschool, elementary and secondary education; and (2) three members shall represent the field of college education. The members referred to in subparagraph 1 of the first paragraph are appointed on the recommendation of the Minister of Education, Recreation and Sports. At least three of those members are chosen from a list of at least six candidates proposed by the groups which the Minister considers, with regard to the services within the Minister’s jurisdiction, to be representative of permit holders, directors of private educational institutions governed by this Act, teachers in those institutions and parents of the students attending those institutions. The members referred to in subparagraph 2 of the first paragraph are appointed on the recommendation of the Minister of Higher Education, Research, Science and Technology. At least two of those members are chosen from a list of at least six candidates proposed by the groups which the Minister considers, with regard to the services within the Minister’s jurisdiction, to be representative of permit holders, directors of private educational institutions governed by this Act, teachers in those institutions and parents of the students attending those institutions. The chairman is appointed on the recommendation of the Minister of Education, Recreation and Sports, after consultation with the Minister of Higher Education, Research, Science and Technology. 1992, c. 68, s. 96; 1993, c. 51, s. 62; 1994, c. 16, s. 50; 2005, c. 28, s. 195; 2013, c. 28, s. 126.

Section 96Verify source

§ 97Section 97Provision

Source excerpt

Members are appointed for a term of not more than three years.

97. Members are appointed for a term of not more than three years. At the expiry of his term, a member shall remain in office until reappointed or replaced. Members may not serve more than two consecutive terms. 1992, c. 68, s. 97.

Section 97Verify source

§ 98Section 98Provision

Source excerpt

A vacancy during a member’s term must be filled for the unexpired portion of the term under section 96. Missing four consecutive Commission meetings creates a vacancy.

98. Any vacancy occurring during a member’s term shall be filled for the unexpired portion of the term in the manner prescribed in section 96. Failure to attend four consecutive meetings of the Commission constitutes a vacancy. 1992, c. 68, s. 98.

Section 98Verify source

§ 99Section 99Provision

Source excerpt

Commission members are generally unpaid, unless the Government تعیینes otherwise; they are entitled to expense reimbursement for costs incurred in carrying out their functions, subject to government-set conditions.

99. Members of the Commission are not remunerated, except in the cases, on the conditions and to the extent determined by the Government. Members are however entitled to reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government. 1992, c. 68, s. 99.

Section 99Verify source

§ 100Section 100Provision

Source excerpt

The chairman must preside at Commission meetings and is responsible for managing the Commission’s activities.

100. The chairman shall preside at meetings of the Commission and shall be responsible for the management of the Commission’s activities. 1992, c. 68, s. 100.

Section 100Verify source

§ 101Section 101Provision

Source excerpt

A majority of members is a quorum for Commission meetings.

101. A majority of members constitutes a quorum at meetings of the Commission. 1992, c. 68, s. 101.

Section 101Verify source

§ 102Section 102Provision

Source excerpt

The Commission may hold its sittings anywhere in Québec.

102. The Commission may hold its sittings at any place in Québec. 1992, c. 68, s. 102.

Section 102Verify source

§ 103Section 103Provision

Source excerpt

The secretary and other Commission personnel must be appointed under the Public Service Act.

103. The secretary and the other members of the personnel of the Commission shall be appointed in accordance with the Public Service Act (chapter F-3.1.1). The chairman shall exercise, with regard to such personnel, the powers conferred by that Act on a chief executive officer. 1992, c. 68, s. 103; 2000, c. 8, s. 242.

Section 103Verify source

§ 104Section 104Provision

Source excerpt

The Commission must advise the two Ministers on matters within their respective jurisdictions in private education under this Act.

104. The principal function of the Commission is to advise the Minister of Education, Recreation and Sports and the Minister of Higher Education, Research, Science and Technology on any matter within their respective jurisdictions in the field of private education governed by this Act. 1992, c. 68, s. 104; 1993, c. 51, s. 63; 1994, c. 16, s. 50; 2005, c. 28, s. 195; 2013, c. 28, s. 127.

Section 104Verify source

§ 105Section 105Provision

Source excerpt

The Commission must advise the relevant minister on private-education matters submitted to it, and it must give advice within 90 days when a minister is required to consult it under the Act.

105. The Commission must advise the Minister of Education, Recreation and Sports or the Minister of Higher Education, Research, Science and Technology, as the case may be, on any matter either minister submits to it respecting private education. The advice of the Commission on any subject concerning which a Minister is required to consult the Commission pursuant to this Act must be given within 90 days of the date of the Minister’s request, failing which the obligation of the Minister is deemed to be fulfilled. 1992, c. 68, s. 105; 1993, c. 51, s. 64; 1994, c. 16, s. 50; 2005, c. 28, s. 195; 2013, c. 28, s. 128.

Section 105Verify source

§ 106Section 106Provision

Source excerpt

The Commission must hear any person who applies for a permit or accreditation under the Act and asks in writing to be heard.

106. The Commission must hear every person applying for a permit or an accreditation under this Act who so requests in writing. 1992, c. 68, s. 106.

Section 106Verify source

§ 107Section 107Provision

Source excerpt

The Commission may refer matters about private education to either specified minister, and may collect observations and suggestions from individuals and groups.

107. The Commission may (1) refer any matter relating to private education to the Minister of Education, Recreation and Sports or the Minister of Higher Education, Research, Science and Technology, according to their respective jurisdictions; and (2) solicit and receive observations and suggestions from individuals and groups on any matter relating to such matters. 1992, c. 68, s. 107; 1993, c. 51, s. 65; 1994, c. 16, s. 50; 2005, c. 28, s. 195; 2013, c. 28, s. 129.

Section 107Verify source

§ 108Section 108Provision

Source excerpt

The Commission must make by-laws prescribing rules for its internal management.

108. The Commission must, by by-law, prescribe rules for its internal management. 1992, c. 68, s. 108.

Section 108Verify source

§ 109Section 109Provision

Source excerpt

The Commission must send an annual activities report to two ministers by 1 December each year.

109. The Commission must forward to the Minister of Education, Recreation and Sports and the Minister of Higher Education, Research, Science and Technology, not later than 1 December each year, a report on its activities for the preceding school year. The report must contain (1) a list of all applications for permits, modifications, renewals and revocations together with, in each case, the advice of the Commission and the reasons justifying it; (2) a list of all applications for accreditation for purposes of subsidies, modifications and revocations together with, in each case, the advice of the Commission and the reasons justifying it; (3) any information prescribed by either of those ministers. 1992, c. 68, s. 109; 1993, c. 51, s. 66; 1994, c. 16, s. 50; 2005, c. 28, s. 195; 2013, c. 28, s. 130.

Section 109Verify source

§ 110Section 110Provision

Source excerpt

The Minister of Education, Recreation and Sports must table the Commission’s activity report before the National Assembly within 30 days after receiving it, or within 30 days after the Assembly resumes if it is not sitting.

110. The Minister of Education, Recreation and Sports shall table the report of the activities of the Commission before the National Assembly within 30 days of receiving it or, if the Assembly is not sitting, within 30 days of resumption. 1992, c. 68, s. 110; 1993, c. 51, s. 67; 1994, c. 16, s. 50; 2005, c. 28, s. 195.

Section 110Verify source

§ 111Section 111Provision

Source excerpt

111. The Government may, by regulation, on the recommendation of the Minister of Education, Recreation and Sports or the Minister of Higher Education, Research, Science and Technology, according to their respective jurisdictions, (1) establish a list of the fields of supplementary vocational training; (2) determine the time limit for presenting an application for the issue, renewal or modification of a permit, and the information and documents which must be submitted with the application, including those relating to the judicial record of the permit applicant or permit holder, the applicant’s or holder’s directors and shareholders and the officers of the institution; (3) determine the fees exigible for the issue or modification of a permit; (4) establish the nature and amount of the security which must be furnished for the issue or renewal of a permit, except in the case of an accredited institution, and determine the cases in which the holder of a permit is required to make up security and the rules governing the use of the security by the Minister in cases of default and those governing its return; (5) establish standards or prohibitions relating to advertising, solicitation and offers of service by a private educational institution; (6) determine the form and tenor of educational service contracts, including enrollment; (7) exclude, on the conditions it may determine or authorize, to the extent it indicates, the Minister to exclude, on the conditions he may determine, persons, bodies, institutions or educational services from all or some of the provisions of this Act or of the regulations made under this section; (8) prescribe standards for the provision of childcare at school; (9) define the expression “resident in Québec” for the purposes of this Act; (10) determine, among the information and documents provided by the permit holder, those that must be updated and how often they must be updated; (11) determine the information and documents that the permit holder must provide when there is any change in the holder’s directors or shareholders or the officers of the institution; and (12) determine the information and documents needed to verify the existence or absence of a judicial record that police forces are required to communicate to the Minister or to a permit applicant or permit holder. 1992, c. 68, s. 111; 1997, c. 58, s. 43; 1997, c. 87, s. 32; 2013, c. 28, s. 131; 2017, c. 23, s. 27.

Section 111Verify source

§ 112Section 112Offence

Source excerpt

The Minister may make regulations on listed education-administration matters, permit and accreditation information, student records, school safety, and related fees and amounts.

112. The Minister may, by regulation, (1) establish the qualifications required of persons employed to be in charge of the educational methods or the administration of an institution governed by section 50; (2) determine the information and documents which a person must furnish when applying for a permit to obtain the authorization to dispense distance education services or the renewal of a permit giving such authorization and prescribe standards relating to distance education services; (3) determine the form and tenor of student records and the register of enrollment which an institution must keep; (4) establish the procedure which applies to the granting or modification of an accreditation for purposes of subsidies, including the documents and information to be furnished and the time limits for presenting an application; (5) establish rules for determining the financial contribution referred to in section 93; (6) establish rules for determining the maximum amount of the charge referred to in section 67, the admission or enrollment fees referred to in section 70, the compensation referred to in section 72 or the penalty referred to in section 73; (7) provide for and regulate the carrying out of information and prevention activities related to safety at school as well as prescribe or limit the application by school authorities of certain measures relating to safety at school and to the safety and well-being of students and the safety and integrity of their property. 1992, c. 68, s. 112; 1997, c. 87, s. 33; 2016, c. 26, s. 57.

Section 112Verify source

§ 113Section 113Provision

Source excerpt

Regulations made under sections 111 and 112 may vary by institution, service, program, vocational education program, or category of persons.

113. Regulations made under sections 111 and 112 may vary according to institutions, educational services, programs, vocational education programs or categories of persons. 1992, c. 68, s. 113.

Section 113Verify source

§ 114Section 114Provision

Source excerpt

Draft regulations under sections 111 and 112 are subject to examination by the Commission.

114. Draft regulations referred to in sections 111 and 112 are subject to examination by the Commission. 1992, c. 68, s. 114.

Section 114Verify source

§ 115Section 115Provision

Source excerpt

The Minister may appoint a person to inspect compliance with the Act and related instruments, and designated persons may inspect certain educational premises and records; they need occupant authorization or a search warrant to enter a dwelling house.

115. The Minister may designate a person generally or specially to verify whether the provisions of this Act and the statutory instruments are being complied with. The Minister may also, in the same manner, designate a person to verify whether the information in his possession could demonstrate that a teacher has committed a serious fault in the exercise of the teacher’s functions or an act derogatory to the honour or dignity of the teaching profession. The person designated may (1) enter, at any reasonable time, any place where the person has reason to believe educational services for which a permit is required under this Act are being dispensed and the facilities of any private educational institution; (2) examine and make copies of any register or document relating to activities governed by this Act; (2.1) take photographs or make recordings; (3) require any information or document relating to the application of this Act. Despite subparagraph 1 of the first paragraph, to enter a dwelling house, a designated person must obtain the occupant’s authorization or, failing that, a search warrant in accordance with the Code of Penal Procedure (chapter C-25.1). The owner or person in charge of a place being inspected and any other person present is required to assist a designated person in the exercise of his functions. 1992, c. 68, s. 115; 2017, c. 23, s. 28; 2024, c. 9, s. 36.

Section 115Verify source

§ 115.1Section 115.1Provision

Source excerpt

A person designated under section 115 may request information or documents relating to the application of the Act by registered mail or personal service.

115.1. A person designated under section 115 may, in a request sent by registered mail or by personal service, require any person to communicate any information or document relating to the application of this Act to the designated person, by registered mail or by personal service, within a specified reasonable time. 2017, c. 23, s. 29.

Section 115.1Verify source

§ 115.2Section 115.2Provision

Source excerpt

The Minister may designate a person, generally or for a specific case, to inquire into matters relating to the application of the Act.

115.2. The Minister may designate a person generally or specially to inquire into any matter relating to the application of this Act. 2017, c. 23, s. 29.

Section 115.2Verify source

§ 116Section 116Provision

Source excerpt

On request, the person designated by the Minister must identify himself and show a certificate signed by the Minister attesting his capacity.

116. On request, the person designated by the Minister must identify himself and show a certificate, signed by the Minister, attesting his capacity. 1992, c. 68, s. 116.

Section 116Verify source

§ 117Section 117Provision

Source excerpt

A person designated by the Minister may not be prosecuted for acts done in good faith while performing those duties.

117. No person designated by the Minister may be prosecuted for acts done in good faith in the performance of his duties. 1992, c. 68, s. 117.

Section 117Verify source

§ 118Section 118Provision

Source excerpt

The Minister, or a person designated by the Minister, may inquire into education-service quality and the administration, organization, or operation of a private educational institution.

118. The Minister or any person designated by him may inquire into any matter relating to the quality of educational services governed by this Act, or to the administration, organization or operation of a private educational institution. The Minister may also designate a person to inquire into any behaviour that could reasonably pose a threat for the students’ physical or psychological safety. The Minister or the person designated by him is, for the purposes of the inquiry, vested with the powers and immunity of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment. 1992, c. 68, s. 118; 2016, c. 12, s. 28.

Section 118Verify source

§ 118.1Section 118.1Provision

Source excerpt

Retaliation is prohibited against a person who in good faith reports or complains, helps process a report or complaint, or accompanies someone doing so.

118.1. Reprisals are prohibited against a person who, in good faith, makes a report or files a complaint, cooperates in the processing of a report or complaint or accompanies a person who makes a report or files a complaint under sections 54.0.1 and 54.11.4. It is also prohibited to threaten to take a reprisal against a person to dissuade the person from performing an act described in the first paragraph. The demotion, suspension, termination of employment or transfer of a person or any disciplinary or other measure that adversely affects the employment or working conditions of a person is presumed to be a reprisal. Depriving a student, child or their parents of any right or subjecting them to differential treatment or suspending or expelling a student who has made a report or filed a complaint is also presumed to be a reprisal. 2024, c. 9, s. 37.

Section 118.1Verify source

§ 119Section 119Provision

Source excerpt

The Minister may modify or revoke a permit after consulting the Commission if the permit holder meets any listed grounds.

119. The Minister may, after consulting the Commission, modify or revoke a permit where its holder (1) no longer meets the conditions fixed by this Act for the issue or renewal of the permit; (2) does not comply with the conditions, restrictions or prohibitions relating to his institution; (3) no longer has at his disposal the required or adequate human or material resources for dispensing the educational services for which the permit was issued; (4) fails to maintain in force or make up the security prescribed by government regulations; (5) has ceased to dispense the services for which his permit was issued; (6) is or is about to become insolvent;. (7) contravenes section 78.1 or 78.2 of the Charter of the French language (chapter C-11); (8) does not use the means at his disposal to put an end to behaviour that could reasonably pose a threat for the students’ physical or psychological safety. 1992, c. 68, s. 119; 2010, c. 23, s. 14; 2016, c. 12, s. 29.

Section 119Verify source

§ 119.1Section 119.1Provision

Source excerpt

The Minister may modify or revoke a permit in specified circumstances involving the permit holder’s judicial record or missing regulated information.

119.1. The Minister may modify or revoke a permit if the permit holder, one of the holder’s directors or shareholders or an officer of the institution has a judicial record relevant to the abilities and conduct required to operate an educational institution. The Minister may also modify or revoke a permit if the permit holder fails to provide any information or document required by regulation with regard to the holder’s judicial record, the judicial record of one of the holder’s directors or shareholders or the judicial record of an officer of the institution. The second and third paragraphs of section 12.1 apply to this section. 2017, c. 23, s. 30.

Section 119.1Verify source

§ 120Section 120Provision

Source excerpt

The Minister may order a permit holder to take corrective measures instead of modifying or revoking the permit in specified cases.

120. The Minister may, instead of modifying or revoking the permit of a holder for a reason mentioned in paragraph 1, 2 or 3 of section 119, order the holder to apply the corrective measures he indicates within the time limit he fixes. The Minister may do likewise instead of modifying or revoking the permit of a holder for a reason mentioned in section 119.1. If the holder does not comply with the order, the Minister may modify or revoke his permit. 1992, c. 68, s. 120; 2017, c. 23, s. 31.

Section 120Verify source

§ 120.1Section 120.1Provision

Source excerpt

The Minister must first order a permit holder to take corrective measures within a time limit the Minister sets before modifying or revoking the permit for the reason in section 119, paragraph 8.

120.1. The Minister must, before modifying or revoking the permit of a holder for the reason mentioned in paragraph 8 of section 119, order the holder to apply the corrective measures he indicates within the time limit he fixes. If the holder does not comply with the order, the Minister may modify or revoke his permit. 2016, c. 12, s. 30.

Section 120.1Verify source

§ 120.2Section 120.2Provision

Source excerpt

The Minister may modify or revoke a permit if the Minister considers it warranted in the public interest.

120.2. The Minister may modify or revoke a permit if he considers it warranted in the public interest. Section 121.1 does not apply to such a decision. 2017, c. 23, s. 32.

Section 120.2Verify source

§ 121Section 121Provision

Source excerpt

Before modifying or revoking a permit, the Minister must notify the institution in writing and allow at least 10 days for observations.

121. The Minister must, before modifying or revoking a permit, notify the institution in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow it at least 10 days to present observations. The Minister must give notice of his decision in writing, and include the reasons which led to that decision, to the institution whose permit is modified or revoked. 1992, c. 68, s. 121; 1997, c. 43, s. 227.

Section 121Verify source

§ 121.1Section 121.1Provision

Source excerpt

A Minister’s decision may be contested before the Administrative Tribunal of Québec within 60 days after notification.

121.1. Every decision made by the Minister may, within 60 days of notification of the decision, be contested before the Administrative Tribunal of Québec. 1997, c. 43, s. 228.

Section 121.1Verify source

§ 122Section 122Provision

Source excerpt

Accreditation is modified or revoked by operation of law in specified cases.

122. Accreditation is modified or revoked by operation of law where the permit is modified pursuant to section 119 or revoked. Accreditation is also revoked by operation of law if the institution refuses or neglects to receive for a given school year the subsidy to which it would be entitled by virtue of an accreditation. 1992, c. 68, s. 122; 2010, c. 23, s. 15.

Section 122Verify source

§ 122.1Section 122.1Provision

Source excerpt

The revocation takes effect on 1 July of the following school year, but for two specified pension-plan purposes it takes effect on 1 January following that date.

122.1. The revocation provided for in the second paragraph of section 122 takes effect on 1 July of the school year following that for which it refuses or neglects to receive the subsidy. However, for the purposes of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and the Act respecting the Pension Plan of Management Personnel (chapter R-12.1), the revocation takes effect on 1 January following that date. 2010, c. 23, s. 16.

Section 122.1Verify source

§ 123Section 123Provision

Source excerpt

The Minister may, after consulting the Commission, modify or revoke an institution’s accreditation for subsidies, and may revoke it on the Minister’s own initiative in a specified non-compliance case.

123. The Minister may, after consulting the Commission, modify or revoke an institution’s accreditation for purposes of subsidies where (1) accreditation was granted on the basis of false or misleading information; (2) the institution does not comply with the conditions, restrictions or prohibitions applicable to it; (3) he considers it necessary by reason of a change that has occurred in the institution’s situation, taking into account the grounds on which accreditation was based. In force: 2029-04-02The Minister may also, on his own initiative, revoke an accreditation if he considers that the institution does not comply with the conditions set out in the first paragraph of section 78.1. 1992, c. 68, s. 123; 2026, c. 6, s. 23.

Section 123Verify source

§ 124Section 124Provision

Source excerpt

124. The Minister must, before exercising the powers provided for in section 123, notify the institution in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow it at least 10 days to present observations. The Minister must give notice of his decision in writing, and include the reasons which led to that decision, to the institution whose accreditation for purposes of subsidies is modified or revoked. 1992, c. 68, s. 124; 1997, c. 43, s. 229.

Section 124Verify source

§ 125Section 125Provision

Source excerpt

125. The Minister may withhold or cancel all or part of the amount of a subsidy intended for an institution, other than a subsidy for student transportation, in cases of refusal or neglect to comply with the conditions, restrictions or prohibitions relating to the institution. The same applies if the institution does not use the means at its disposal to put an end to behaviour that could reasonably pose a threat for the students’ physical or psychological safety. 1992, c. 68, s. 125; 2016, c. 12, s. 31.

Section 125Verify source

§ 126Section 126Provision

Source excerpt

An accredited institution that does not comply with certain Charter of the French language provisions or related regulations is not eligible for the subsidies for the relevant level of instruction for that school year.

126. An accredited institution which does not comply with the provisions of section 72 or 73 of the Charter of the French language (chapter C-11) or the regulations made under section 80 or 81 of that Act is not eligible for the subsidies applicable to the level of instruction concerned for the school year of non-compliance. 1992, c. 68, s. 126.

Section 126Verify source

§ 127Section 127Provision

Source excerpt

The Minister may withhold or cancel all or part of a student transportation subsidy if section 62, section 92, or a provision referred to by section 62 is not complied with.

127. The Minister may withhold or cancel all or part of the amount of any subsidy for student transportation where any of the provisions of section 62 or 92 or a provision to which section 62 refers is not complied with. 1992, c. 68, s. 127; 1997, c. 96, s. 182.

Section 127Verify source

§ 128Section 128Provision

Source excerpt

A person who breaches sections 10, 11, or 55 is liable to a fine.

128. Every person who contravenes any of the provisions of sections 10, 11 and 55 is liable to a fine of $500 to $5,000 in the case of a natural person, or, in the case of a legal person, to a fine of $1,000 to $10,000. 1992, c. 68, s. 128.

Section 128Verify source

§ 129Section 129Provision

Source excerpt

A person who lacks the Minister’s permit must not make others believe they operate or are authorized to operate a private educational institution covered by section 1 or with the same objectives.

129. Every person who, without holding a permit issued by the Minister for the institution and the educational services in question, leads others to believe that he operates or is authorized to operate a private educational institution dispensing educational services belonging to a category contemplated in section 1 or pursuing the same objectives is liable to a fine of $500 to $5,000 in the case of a natural person, or, in the case of a legal person, to a fine of $1,000 to $10,000. 1992, c. 68, s. 129.

Section 129Verify source

§ 129.1Section 129.1Provision

Source excerpt

A person who hinders or misleads a designated person under sections 115 or 115.2, or refuses to provide required information or documents to a person designated under section 115, is liable to a fine.

129.1. Every person who hinders a person designated under section 115 or 115.2 in the exercise of his functions or misleads the designated person by misrepresentation is liable to a fine of $500 to $5,000 in the case of a natural person or, in the case of a legal person, to a fine of $1,000 to $10,000. The same applies to every person who refuses to provide any information or document to a person designated under section 115 that he is authorized to require under this Act. 2017, c. 23, s. 33.

Section 129.1Verify source

§ 130Section 130Provision

Source excerpt

A person must not transfer a permit unless authorized by the Minister. A fine applies.

130. Every person who transfers his permit without being authorized thereto by the Minister is liable to a fine of $100 to $500 in the case of a natural person, or, in the case of a legal person, to a fine of $200 to $1,000. 1992, c. 68, s. 130.

Section 130Verify source

§ 131Section 131Provision

Source excerpt

An institution that contravenes section 56 is liable to a fine.

131. Every institution which contravenes any of the provisions of section 56 is liable to a fine of $100 to $500 in the case of a natural person, or, in the case of a legal person, to a fine of $200 to $1,000. 1992, c. 68, s. 131.

Section 131Verify source

§ 132Section 132Provision

Source excerpt

A person who contravenes sections 22 or 63 is liable to a fine, with different amounts for natural and legal persons.

132. Every person who contravenes any of the provisions of sections 22 and 63 is liable to a fine of $100 to $2,000 in the case of a natural person, or, in the case of a legal person, to a fine of $200 to $4,000. 1992, c. 68, s. 132.

Section 132Verify source

§ 133Section 133Provision

Source excerpt

A person who contravenes sections 59, 67, 68, 70, or 93 is liable to a fine.

133. Every person who contravenes any of the provisions of sections 59, 67, 68, 70 and 93 is liable to a fine of $100 to $2,000 in the case of a natural person, or, in the case of a legal person, to a fine of $200 to $4,000. 1992, c. 68, s. 133.

Section 133Verify source

§ 134Section 134Offence

Source excerpt

A person must not give the Minister information known to be false or misleading, or allow it to be entered in specified school or ministerial records; penalties apply.

134. Every person who furnishes to the Minister, under sections 22, 64, 80 and 92 information he knows to be false or misleading or who allows such information to be entered in a school record or a register kept under section 63 or in a statement, report or other document which he forwards to the Minister under sections 64, 65, 80, 92 and 94 is liable to a fine of $500 to $5,000 in the case of a natural person, or, in the case of a legal person, to a fine of $1,000 to $10,000. 1992, c. 68, s. 134.

Section 134Verify source

§ 135Section 135Offence

Source excerpt

An institution that contravenes certain regulations is liable to a fine.

135. Every institution which contravenes a provision of a regulation made under paragraph 5 or paragraph 6 of section 111 the violation of which constitutes an offence is liable to a fine of $100 to $2,000 in the case of a natural person, or, in the case of a legal person, to a fine of $200 to $4,000. 1992, c. 68, s. 135.

Section 135Verify source

§ 135.1Section 135.1Offence

Source excerpt

A person who threatens, intimidates, or takes reprisals referred to in section 118.1 is liable to a fine, with higher ranges for natural persons and other cases, and doubled amounts for a subsequent offence.

135.1. Every person who threatens or intimidates or attempts to threaten or intimidate a person or takes or attempts to take reprisals referred to in section 118.1 is liable to a fine of $2,000 to $20,000 in the case of a natural person and $10,000 to $250,000 in any other case. For a subsequent offence, the amounts are doubled. 2024, c. 9, s. 38.

Section 135.1Verify source

§ 136Section 136Offence

Source excerpt

136. In the case of a second offence, the fines prescribed for the offence concerned shall be doubled. 1992, c. 68, s. 136.

Section 136Verify source

§ 137Section 137Offence

Source excerpt

A director, officer, or representative of a legal person can be treated as a party to an offence if they prescribed, authorized, or consented to the act or omission.

137. Where a legal person commits an offence under this Act, any director, officer or representative of that legal person who prescribed or authorized the act or the omission which constitutes the offence or who consented thereto is a party to the offence and is liable to the prescribed penalty. 1992, c. 68, s. 137; 1999, c. 40, s. 119.

Section 137Verify source

§ 138Section 138Amendment

Source excerpt

This section notes that an amendment was integrated into c. C-11, s. 72.

138. (Amendment integrated into c. C-11, s. 72). 1992, c. 68, s. 138.

Section 138Verify source

§ 139Section 139Amendment

Source excerpt

This section notes that an amendment was integrated into c. F-2.1, s. 204, and gives a 1992 citation.

139. (Amendment integrated into c. F-2.1, s. 204). 1992, c. 68, s. 139.

Section 139Verify source

§ 140Section 140Amendment

Source excerpt

This section notes that the provision’s amendment was integrated into c. F-2.1, s. 236, and cites 1992, c. 68, s. 140.

140. (Amendment integrated into c. F-2.1, s. 236). 1992, c. 68, s. 140.

Section 140Verify source

§ 141Section 141Amendment

Source excerpt

141. (Amendment integrated into c. F-2.1, s. 255). 1992, c. 68, s. 141.

Section 141Verify source

§ 142Section 142Amendment

Source excerpt

This section is a consolidation note stating that an amendment is integrated into c. I-3, s. 1029.8.22, and gives a 1992 citation.

142. (Amendment integrated into c. I-3, s. 1029.8.22). 1992, c. 68, s. 142.

Section 142Verify source

§ 143Section 143Amendment

Source excerpt

143. (Amendment integrated into c. I-13.3, s. 15). 1992, c. 68, s. 143.

Section 143Verify source

§ 144Section 144Amendment

Source excerpt

144. (Amendment integrated into c. I-13.3, s. 213). 1992, c. 68, s. 144.

Section 144Verify source

§ 145Section 145Amendment

Source excerpt

This section notes that an amendment was integrated into c. I-13.3, s. 215.

145. (Amendment integrated into c. I-13.3, s. 215). 1992, c. 68, s. 145.

Section 145Verify source

§ 146Section 146Amendment

Source excerpt

146. (Amendment integrated into c. I-13.3, s. 294). 1992, c. 68, s. 146.

Section 146Verify source

§ 147Section 147Amendment

Source excerpt

This section is an amendment note: the amendment was integrated into c. I-13.3, s. 296.

147. (Amendment integrated into c. I-13.3, s. 296). 1992, c. 68, s. 147.

Section 147Verify source

§ 148Section 148Amendment

Source excerpt

This section notes that an amendment was integrated into c. M-15, s. 5, and cites 1992, c. 68, s. 148.

148. (Amendment integrated into c. M-15, s. 5). 1992, c. 68, s. 148.

Section 148Verify source

§ 149Section 149Amendment

Source excerpt

149. (Amendment integrated into c. M-15.1.1, s. 5). 1992, c. 68, s. 149.

Section 149Verify source

§ 150Section 150Amendment

Source excerpt

This section states that the amendment is integrated into c. M-15.1.1, section 11.

150. (Amendment integrated into c. M-15.1.1, s. 11). 1992, c. 68, s. 150.

Section 150Verify source

§ 151Section 151Amendment

Source excerpt

151. (Amendment integrated into c. P-40.1, s. 188). 1992, c. 68, s. 151.

Section 151Verify source

§ 152Section 152Amendment

Source excerpt

This section states that an amendment has been integrated into c. P-40.1, section 190, and gives the 1992 citation.

152. (Amendment integrated into c. P-40.1, s. 190). 1992, c. 68, s. 152.

Section 152Verify source

§ 153Section 153Amendment

Source excerpt

153. (Amendment integrated into c. R-10, Schedule I). 1992, c. 68, s. 153.

Section 153Verify source

§ 154Section 154Amendment

Source excerpt

154. (Amendment integrated into c. R-10, Schedule II). 1992, c. 68, s. 154.

Section 154Verify source

§ 155Section 155Amendment

Source excerpt

This section notes that an amendment was integrated into c. R-11, Schedule I.

155. (Amendment integrated into c. R-11, Schedule I). 1992, c. 68, s. 155.

Section 155Verify source

§ 156Section 156Provision

Source excerpt

A reference to the Act respecting private education, or to one of its provisions, is generally treated as a reference to this Act or the corresponding provision, unless the context indicates otherwise.

156. In any Act, regulation, ordinance, order in council, order, contract or any other document, a reference to the Act respecting private education (chapter E-9) or to one of its provisions is, unless the context indicates otherwise, a reference to this Act or to the corresponding provision of this Act. 1992, c. 68, s. 156.

Section 156Verify source

§ 157Section 157Provision

Source excerpt

157. (Omitted). 1992, c. 68, s. 157.

Section 157Verify source

§ 157.1Section 157.1Provision

Source excerpt

157.1. For the purpose of determining the amount of the transfer duties under the Act respecting duties on transfers of immovables (chapter D‐15.1), the basis of imposition is the amount of the consideration furnished for the transfer of the immovable or the amount of the consideration stipulated for the transfer, whichever is greater, notwithstanding the second paragraph of section 2 of that Act, where (1) the transferor is a religious community or a non-profit organization devoted to private education; (2) the transferee is a non-profit private educational institution; and (3) the transfer is made to enable the transferee to use the immovable for private education purposes. 2000, c. 54, s. 36.

Section 157.1Verify source

§ 158Section 158Provision

Source excerpt

Some private-education permits and related declarations are deemed to be permits issued under this Act when they concern covered educational services, with a timing limit tied to 1 July 1993 and the 1992-93 school year.

158. The following are deemed to be permits issued under this Act, to the extent that they concern educational services to which this Act applies and, unless their period of validity begins on 1 July 1993 or thereafter, to the extent that those services were dispensed during the school year 1992-93: (1) permits issued under the Act respecting private education (chapter E-9) or referred to in section 72 of that Act; (2) declarations of public interest and recognition for purposes of grants made under that Act. 1992, c. 68, s. 158.

Section 158Verify source

§ 159Section 159Provision

Source excerpt

Permits referred to in section 158 expire on the date fixed in the permit, the declaration of public interest, or the recognition for purposes of grants; if several dates are fixed, the earliest one applies.

159. Every permit referred to in section 158 shall expire on the date fixed in the permit, the declaration of public interest or the recognition for purposes of grants; if more than one date is fixed, the earliest date shall be the date of expiry. If there is no mention of a date of expiry, the permit shall expire on 30 June 1994. 1992, c. 68, s. 159.

Section 159Verify source

§ 160Section 160Provision

Source excerpt

Permits referred to in section 158 must be renewed under this Act; when a permit is renewed, the Minister must update its wording to match the institution’s educational services, and may use powers from sections 15, 16, and the third paragraph of section 18.

160. Permits referred to in section 158 shall be renewed in accordance with the provisions of this Act. On renewing a permit, the Minister shall rectify any mention on the permit to make it consistent with the educational services dispensed by the institution, subject to the modifications made pursuant to this Act and the terminology used in this Act; in addition, he may exercise the powers provided for in sections 15 and 16 and the third paragraph of section 18. However, in the case of a declaration of public interest or a recognition for purposes of grants made without a date of expiry with regard to educational services belonging to a category listed in paragraphs 1 to 3, 5 and 7 of section 1, the permit to dispense such services must be renewed without a date of expiry and without its holder being bound to meet the conditions provided for in the second paragraph of section 18. 1992, c. 68, s. 160.

Section 160Verify source

§ 161Section 161Provision

Source excerpt

Declarations and recognitions for grants under the private education Act are treated as accreditations for subsidies under this Act.

161. Declarations of public interest and recognitions for purposes of grants made under the Act respecting private education (chapter E-9), are deemed to be accreditations for purposes of subsidies granted under this Act. The Minister may, after consulting the Commission, determine the maximum number of full-time students of an institution to which the first paragraph applies giving entitlement to subsidies for each program of technical studies or vocational education program, in cases where that number is not specified on the declaration of public interest or recognition for purposes of grants. 1992, c. 68, s. 161; 1993, c. 25, s. 34.

Section 161Verify source

§ 162Section 162Provision

Source excerpt

The Minister must decide certain permit-related applications for private educational institutions, and for renewal applications must consult the Commission. The Minister may also require documents or information from the applicant and must suspend review until those materials are received.

162. The Minister shall make his decision on any application for the issue, renewal or modification of a permit in relation to a private educational institution in the conditions prescribed by this Act, to be valid from a date after 30 June 1993, whether the application is made before or after 22 December 1992. Every application for the issue, renewal or modification of a declaration of public interest or recognition for purposes of grants, to be valid from a date after 30 June 1993, shall be treated both as an application for a permit in accordance with the first paragraph and as an application for accreditation for purposes of subsidies, whether the application is made before or after 22 December 1992. Subparagraph 1 of the first paragraph of section 12, subparagraph 1 of the second paragraph of section 18 and section 80 do not apply with respect to such an application. However, the Minister may require from the applicant any document or information he considers necessary for making his decision; he shall suspend the examination of an application until he receives the required documents or information. The Minister shall consult the Commission regarding every application for renewal. 1992, c. 68, s. 162.

Section 162Verify source

§ 163Section 163Provision

Source excerpt

For calculating base amounts under section 87 for preschool and elementary students, the preceding school year’s base amounts must be replaced with specified adjusted amounts.

163. For the purpose of calculating, under section 87, the base amounts for each student enrolled in preschool and elementary education for each school year mentioned below, the base amounts for the preceding school year must be replaced by the amounts obtained (1) for the school year 1993-94, by increasing the base amounts for the school year 1992-93 as determined by the Government for institutions declared to be of public interest under section 14.1 of the Act respecting private education (chapter E-9) by 1.25%; (2) for the school year 1994-95, by increasing the base amounts for the school year 1992-93 referred to in paragraph 1 by 5% and applying to the results obtained the rates of variation in the subsidies paid for similar services to school boards for the school year 1993-94, excluding, however, expenses inherent in public education. 1992, c. 68, s. 163.

Section 163Verify source

§ 164Section 164Provision

Source excerpt

For section 87 calculations, the preceding school year’s base amount must be replaced by an adjusted amount for the listed school years.

164. For the purpose of calculating, under section 87, the base amount for each student enrolled in secondary education for each school year mentioned below, the base amount for the preceding school year must be replaced by the amount obtained (1) for the school year 1993-94, by increasing the base amount for the school year 1992-93 as determined by the Government for institutions declared to be of public interest under section 14.1 of the Act respecting private education (chapter E-9) by 1.25%; (2) for the school year 1994-95, by increasing the base amount for the school year 1992-93 referred to in paragraph 1 by 3.2% and applying to the results obtained the rates of variation in the subsidies paid for similar services to school boards for the school year 1993-94, excluding, however, expenses inherent in public education. 1992, c. 68, s. 164.

Section 164Verify source

§ 165Section 165Provision

Source excerpt

For calculating the section 87 base amounts for full-time college students in the 1993-94 school year, the preceding school year’s base amounts are set at one half of the 1992-93 school year base amounts, as determined by the Government for certain public-interest institutions.

165. For the purpose of calculating, under section 87, the base amounts for each student enrolled full-time in college level education for each term of the school year 1993-94, the base amounts of the preceding school year shall be one half of the base amounts for the school year 1992-93, as determined by the Government for institutions declared to be of public interest under section 14.1 of the Act respecting private education (chapter E-9). 1992, c. 68, s. 165.

Section 165Verify source

§ 166Section 166Provision

Source excerpt

166. For the purposes of section 88 of this Act, the declaration of public interest or recognition for purposes of grants of an educational institution for handicapped children made pursuant to section 36 of the Act respecting private education (chapter E-9) shall be regarded as an authorization referred to in paragraph 2 of section 14 of this Act. 1992, c. 68, s. 166.

Section 166Verify source

§ 167Section 167Provision

Source excerpt

The members’ appointment expires on 30 June 1993, but they may stay in office until they are reappointed or replaced under the Act.

167. The appointment of the members of the Commission consultative de l’enseignement privé shall expire on 30 June 1993. The members may, however, remain in office until reappointed or replaced pursuant to this Act. For the purposes of the third paragraph of section 97, terms served before a member’s appointment under this Act, if any, shall not be taken into account. 1992, c. 68, s. 167.

Section 167Verify source

§ 168Section 168Provision

Source excerpt

The Government, the Minister, and private educational institutions may validly exercise certain functions and powers before 1 July 1993.

168. The Government, the Minister and private educational institutions may, before 1 July 1993, validly exercise the functions and powers provided for in this Act and in the basic school regulations referred to in this Act, in order to give effect to the provisions of this Act from 1 July 1993. 1992, c. 68, s. 168.

Section 168Verify source

§ 169Section 169Repeal

Source excerpt

Certain regulations and decisions continue to apply to governed persons or institutions if they are compatible with this Act, until replaced, repealed, or fulfilled.

169. Regulations and decisions made by the Government, by the Minister of Education, by the Minister of Higher Education and Science or by the Minister of Transport under the Act respecting private education (chapter E-9), or under a provision referred to in that Act, or under section 30 of the Act respecting the Conseil supérieur de l’éducation (chapter C-60) and applicable to persons or institutions governed by this Act shall remain applicable to those persons or institutions to the extent that they are compatible with this Act, until they are replaced or repealed under this Act or until their object is achieved; such regulations and such decisions are deemed to have been made by the authority having jurisdiction under this Act. 1992, c. 68, s. 169.

Section 169Verify source

§ 170Section 170Provision

Source excerpt

A qualifying private educational institution may keep offering the program until its permit expires.

170. Notwithstanding sections 34, 44 and 45 of this Act, a private educational institution which, on 30 June 1993, is authorized to dispense an institutional program of studies recognized by the Minister under section 43 or 44 of the Act respecting private education (chapter E-9), may continue to dispense that program until the date of expiry of its permit. 1992, c. 68, s. 170.

Section 170Verify source

§ 171Section 171Provision

Source excerpt

This section replaces the Act respecting private education.

171. This Act replaces the Act respecting private education (chapter E-9). The latter Act shall, from 1 January 1993, cease to apply in relation to self-improvement education within the meaning of paragraph d of section 1 of the said Act, except sections 60 to 63 which shall continue to apply to educational service contracts entered into before that date in respect of the dispensing of self-improvement education. In addition, the Act respecting private education (chapter E-9) shall not apply to subsidies for the school year 1993-94. 1992, c. 68, s. 171.

Section 171Verify source

§ 172Section 172Provision

Source excerpt

Certain post-31 December 1992 successive-performance service contracts for self-improvement education are governed by a specific division of the Consumer Protection Act, unless a contrary later regulation applies.

172. Every contract for services of successive performance entered into after 31 December 1992, which has as its object the dispensation of self-improvement education, shall be governed by Division VI of Chapter III of Title I of the Consumer Protection Act (chapter P-40.1), subject to any contrary provision of a regulation made under paragraph r of section 350 of that Act which takes effect after 31 December 1992. 1992, c. 68, s. 172; 1993, c. 25, s. 35; 1999, c. 40, s. 119.

Section 172Verify source

§ 173Section 173Provision

Source excerpt

For certain educational service contracts entered into before 1 July 1993, sections 60 to 63 of the private education Act continue to apply, the contracts are subject to this Act for a Consumer Protection Act purpose, and the prescribed security is meant to guarantee the obligations in those sections.

173. The provisions of sections 60 to 63 of the Act respecting private education (chapter E-9) continue to apply to educational service contracts referred to in section 66 of this Act that were entered into before 1 July 1993. Such contracts are, for the purposes of paragraph e of section 188 of the Consumer Protection Act (chapter P-40.1), subject to this Act. The security prescribed by government regulation is, with respect to such contracts, intended to guarantee the obligations referred to in the abovementioned sections 60 to 63. 1992, c. 68, s. 173; 1999, c. 40, s. 119.

Section 173Verify source

§ 174Section 174Provision

Source excerpt

The two named ministers are responsible for administering this Act within their respective jurisdictions.

174. The Minister of Education, Recreation and Sports and the Minister of Higher Education, Research, Science and Technology are responsible for the administration of this Act, in the areas within their respective jurisdictions. 1992, c. 68, s. 174; 1993, c. 51, s. 68; 1994, c. 16, s. 50; 1997, c. 96, s. 183; 2005, c. 28, s. 195; 2013, c. 28, s. 132.

Section 174Verify source

§ 175Section 175Provision

Source excerpt

No accommodation, derogation, or adaptation may be granted for the application of section 54.11.6.

175. No accommodation or other derogation or adaptation may be granted in connection with the application of section 54.11.6. 1992, c. 68, s. 175; 2000, c. 24, s. 55; 2025, c. 29, s. 66.

Section 175Verify source

§ 175.1Section 175.1Provision

Source excerpt

A service contract for certain educational services, made before 30 October 2025 and still being performed after that date, is deemed to include the obligation in section 68.1.

175.1. A service contract to provide educational services belonging to one of the categories mentioned in paragraphs 1 to 5 of section 1, entered into before 30 October 2025 and whose performance continues after that date, is deemed to include the obligation set out in section 68.1. 2025, c. 29, s. 66.

Section 175.1Verify source

§ 175.2Section 175.2Provision

Source excerpt

Sections 54.11.6, 63.3, 65.2, 68.1, 175, and 175.1 apply despite sections 1 to 38 of the Charter of human rights and freedoms.

175.2. The provisions of sections 54.11.6, 63.3, 65.2, 68.1, 175 and 175.1 apply despite sections 1 to 38 of the Charter of human rights and freedoms (chapter C-12). 2025, c. 29, s. 66.

Section 175.2Verify source

§ 175.3Section 175.3Provision

Source excerpt

175.3. The provisions of sections 54.11.6, 63.3, 65.2, 68.1, 175 and 175.1 have effect notwithstanding sections 2 and 7 to 15 of the Constitution Act, 1982 (Schedule B to the Canada Act, chapter 11 in the 1982 volume of the Acts of the

Section 175.3Verify source

§ 176Section 176Provision

Source excerpt

This section ceased to have effect on 1 July 1998.

176. (This section ceased to have effect on 1 July 1998). 1992, c. 68, s. 176; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

Section 176Verify source

§ 177Section 177Provision

Source excerpt

Sections 139 to 141 apply for each municipal fiscal year starting in the 1994 fiscal year, and section 154 has effect from 17 December 1987.

177. Sections 139 to 141 have effect for the purposes of each municipal fiscal year from the 1994 fiscal year. Section 154 has effect from 17 December 1987. 1992, c. 68, s. 177.

Section 177Verify source

§ 178Section 178Provision

Source excerpt

178. (Omitted). 1992, c. 68, s. 178.

Section 178Verify source

§ —ScheduleRepeal

Source excerpt

This schedule repeals chapter 68 of the statutes of 1992, with an exception for section 178, and later repeals specified sections of that chapter.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 68 of the statutes of 1992, in force on 1 March 1993, is repealed, except section 178, effective from the coming into force of chapter E-9.1 of the Revised Statutes. In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 1 to 153, 155, 156, 158 to 161, 167, 169, 170, the first paragraph of section 171, sections 173 to 176 and the first paragraph of section 177 of chapter 68 of the statutes of 1992, in force on 1 September 1993, are repealed effective from the coming into force of the updating to 1 September 1993 of chapter E-9.1 of the Revised Statutes.

ScheduleVerify source

Legislative relationships

14 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

10 instruments

Act respecting private 166. For the purposes of section 88 of this Act
Section 166
Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and the Act
Section 122.1
Charter of the French language (chapter C-11) or the regulations made under section 80 or 81 of that Act
Section 126
Charter of the French language or of other provisions of that Act
Section 12
College Education Regulations
Section 44
Commission on any subject concerning which a Minister is required to consult the Commission pursuant to this Act
Section 105
Commission shall be appointed in accordance with the Public Service Act
Section 103
Constitution Act, 1982
Section 175.3
Consumer Protection Act
Sections 172, 173
Education Act
Sections 1, 4, 25, 30, 31, 32, 34, 35, 36, 37, 40, 40.1, 41, 42, 43, 54.12, 62, 86

G–M

3 instruments

Higher Education and Science or by the Minister of Transport under the Act
Section 169
Minister pursuant to section 457.1 of the Education Act
Section 27
Minister under section 457.1 of the Education Act
Sections 26, 28

N–S

1 instrument

Revised Statutes. In accordance with section 9 of the Act
Section Schedule

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Act respecting private education, 1992

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