Canada — Quebec Act or statute

Canada — Quebec legislation

Act respecting the Université du Québec, 1968

This section defines several terms used in the Act and related regulations, including “University,” “Board of Governors,” “constituent university,” “research institute,” “superior school,” and “Minister.”

Source excerpt

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Jurisdiction: Canada — Quebec
Structure: 77 provisions
Official identity: Year 1968
Dates: Enacted 1968 · Source version 10 Jun 2026

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Dates: Enacted 1968 · Source version 10 Jun 2026

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“This section defines several terms used in the Act and related regulations, including “University,” “Board of Governors,” “constituent university,” “research institute,” “superior school,” and “Minister.””

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Enacted 1968 · 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 1

Section 16

The Executive Committee consists of the University president and three to six other persons appointed by the Board of Governors from among its members.

Section 16

Section 32

A constituent university’s rights and powers are to be exercised by a board of directors made up of specified appointed members.

Section 32

Section 45

A constituent university must send its financial statements to the president of the Université du Québec within 60 days after each fiscal year ends.

Section 45

Schedule

This schedule repeals chapter 66 of the statutes of 1968, except sections 59 and 61, when chapter U-1 of the Revised Statutes comes into force.

Schedule

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Source record from www.legisquebec.gouv.qc.ca · Enacted 1968 · Source version 10 Jun 2026

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Showing 77 of 77 provisions

Provision 72Repeal 3Commencement 2

§ 1Section 1Provision

Source excerpt

1. In this Act and in any regulation made thereunder, unless the context requires a different meaning, the following expressions and words mean: (a) “University”: the Université du Québec constituted by section 2; (b) “Board of Governors”: the Board of Governors of the Université du Québec, contemplated in section 7; (c) “constituent university”: a university constituted under section 27 or contemplated in section 48 or 49; (d) “research institute”: an institute constituted under section 50 or contemplated in section 57 or 58; (e) “superior school”: a school constituted under section 50 or contemplated in section 57 or 58; (f) “Minister”: the Minister of Higher Education, Research, Science and Technology. 1968, c. 66, s. 1; 1985, c. 21, s. 96; 1988, c. 41, s. 88; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 2005, c. 28, s. 195; 2013, c. 28, s. 201.

Section 1Verify source

§ 2Section 2Provision

Source excerpt

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

2. A body is hereby established under the name of “Université du Québec”. 1968, c. 66, s. 2; 1989, c. 14, s. 1.

Section 2Verify source

§ 3Section 3Provision

Source excerpt

The University’s objects are higher education and research, and it must also participate in teacher training within those objects.

3. The objects of the University shall be higher education and research, pursued in keeping with the principles of freedom of conscience and academic freedom befitting a university; within the framework of such objects, the University shall, in particular, participate in teacher training. 1968, c. 66, s. 3; 1989, c. 14, s. 2.

Section 3Verify source

§ 4Section 4Repeal

Source excerpt

The University is a legal person and may carry out listed university, financial, property, and gifting activities.

4. The University shall be a legal person. It may in particular: (a) adopt programs of studies and a nomenclature of university degrees, diplomas and certificates; (a.1) confer any university degree, diploma or certificate; (b) recommend to the Minister the establishment under this Act of constituent universities, research institutes or superior schools; (c) make with any educational or research establishment any agreement which it deems useful for the pursuit of its objects; (d) borrow money on its credit by any method recognized by law, and especially by bills of exchange, notes or other negotiable instruments; (e) hypothecate its movable or immovable property to secure payment of its loans or the performance of its obligations; (f) issue bonds or other titles of indebtedness or securities and sell, exchange or hypothecate the same; (g) (paragraph repealed); (h) acquire, possess, lease, hold, administer and alienate property by all legal methods and under any title; (i) invest its funds in any manner deemed suitable, either in its own name or in the name of trustees; (j) accept any gift, legacy or other liberality. 1968, c. 66, s. 4; 1989, c. 14, s. 3; 1992, c. 57, s. 707; 1999, c. 40, s. 325.

Section 4Verify source

§ 5Section 5Provision

Source excerpt

With Government authorization, the University may expropriate immovables needed for its own purposes or for constituent universities, research institutes, or superior schools, except immovables used for religious or educational purposes.

5. With the authorization of the Government, the University may expropriate any immovable necessary for its purposes or those of constituent universities, research institutes or superior schools, except an immovable being used for religious or educational purposes. 1968, c. 66, s. 5.

Section 5Verify source

§ 6Section 6Provision

Source excerpt

The University’s head office must be in Ville de Québec, and the Board of Governors may move it elsewhere in Québec only after notice is published in the Gazette officielle du Québec.

6. The head office of the University shall be in the territory of Ville de Québec; the Board of Governors, however, may transfer it elsewhere in Québec but no such a change shall come into force until the day of publication of a notice given for such purpose in the Gazette officielle du Québec. 1968, c. 66, s. 6; 1996, c. 2, s. 987.

Section 6Verify source

§ 7Section 7Provision

Source excerpt

The University’s rights and powers are to be exercised by its Board of Governors, made up of the listed members.

7. The rights and powers of the University shall be exercised by the Board of Governors composed of the following persons who shall be members thereof upon their appointment: (a) the president of the University; (b) the principal of each constituent university; (c) not more than four persons appointed for three years by the Government, upon the recommendation of the Minister, from among the directors generals of the research institutes and superior schools; (d) five persons appointed by the Government, three of whom, appointed for three years, shall be members of the faculty of constituent universities, superior schools and research institutes designated by the faculty of such universities, schools and institutes, and two, appointed for two years, shall be students of such universities, schools and institutes designated by the students of such universities, schools and institutes; (e) seven persons appointed for three years by the Government, upon the recommendation of the Minister, after consultation with the most representative groups of the social, cultural, business and labour communities; (f) one person appointed for three years by the Government, upon the recommendation of the Minister, from among college faculty-members. 1968, c. 66, s. 7; 1989, c. 14, s. 4; 1990, c. 62, s. 1.

Section 7Verify source

§ 7.1Section 7.1Provision

Source excerpt

The president of the University must preside over the Board of Governors.

7.1. The Board of Governors shall be presided over by the president of the University. 1990, c. 62, s. 2.

Section 7.1Verify source

§ 8Section 8Provision

Source excerpt

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

8. The term of office of the persons contemplated in subparagraphs d to f of section 7 shall not be renewed consecutively more than once. 1968, c. 66, s. 8; 1989, c. 14, s. 5.

Section 8Verify source

§ 9Section 9Provision

Source excerpt

A member described in section 7(b), (c), or (d) stops being a Board of Governors member if they lose the qualifications required for appointment under the Board’s by-laws.

9. Any member contemplated in subparagraph b, c or d of section 7 shall cease to be a member of the Board of Governors upon losing the qualifications required for appointment within the meaning of the by-laws made for such purpose by the Board of Governors. 1968, c. 66, s. 9; 1989, c. 14, s. 6.

Section 9Verify source

§ 10Section 10Provision

Source excerpt

A specified Board of Governors member who fails to attend the required number of sittings loses his term of office.

10. Failure by a member of the Board of Governors contemplated in subparagraph d, e or f of section 7 to attend the number of sittings fixed by the by-laws made for such purpose by the Board of Governors shall terminate his term of office. 1968, c. 66, s. 10; 1989, c. 14, s. 7.

Section 10Verify source

§ 11Section 11Provision

Source excerpt

Members of the Board of Governors continue as members until their successors are appointed.

11. Subject to sections 9 and 10, the members of the Board of Governors shall continue to be members thereof until their successors are appointed, notwithstanding the termination of the period for which they are appointed. 1968, c. 66, s. 11.

Section 11Verify source

§ 12Section 12Provision

Source excerpt

For certain members listed in section 7, any vacancy must be filled using the same method used to appoint the replacement member.

12. In the case of the members contemplated in subparagraphs c, d, e and f of section 7, any vacancy shall be filled by following the method prescribed for the appointment of the member to be replaced. 1968, c. 66, s. 12; 1989, c. 14, s. 8.

Section 12Verify source

§ 12.1Section 12.1Provision

Source excerpt

Certain Board of Governors members must not hold conflicting interests, and affected members must disclose the interest in writing to the president and step out of related deliberations or decisions.

12.1. No member of the Board of Governors other than a member contemplated by paragraph e or f of section 7 may, on pain of forfeiture of office, have any direct or indirect interest in an undertaking which places his personal interest in conflict with his duties of office. However, forfeiture shall not be incurred if such an interest devolves to him by succession or gift, provided he renounces or disposes of it with diligence. Every member of the Board of Governors contemplated by paragraph e or f of section 7 who has a direct or indirect interest in an undertaking which places his personal interest in conflict with that of the Université du Québec shall, on pain of forfeiture of office, declare his interest in writing to the president and abstain from participating in any deliberation or decision relating to the undertaking in which he has such interest or in any sitting at which his interest is discussed. 1989, c. 14, s. 9.

Section 12.1Verify source

§ 12.2Section 12.2Provision

Source excerpt

Certain Board members and personnel must leave a sitting when specified labour-negotiation or personal-interest matters are being discussed or voted on.

12.2. Every member of the Board of Governors contemplated in paragraph d of section 7 who is also a member of the personnel of the Université du Québec or of a constituent university, research institute or superior school must leave any sitting of the Board while a matter concerning negotiations relating to the collective agreement or the collective labour contract taking its place which governs him or other members of the personnel of the Université du Québec or a constituent university, research institute or superior school is being discussed or voted on. Every member of the personnel of the Université du Québec, a constituent university, research institute or superior school must leave any sitting while any matter in which he has a personal and separate interest is being discussed or voted on. 1989, c. 14, s. 9; 1990, c. 62, s. 3.

Section 12.2Verify source

§ 13Section 13Provision

Source excerpt

The University president is appointed for five years by the Government on the Minister’s recommendation, must devote full time to the office, and has a salary fixed by the Government.

13. The president of the University shall be appointed for five years by the Government, upon the recommendation of the Minister. He shall devote his time exclusively to the work and duties of his office. His salary shall be fixed by the Government. 1968, c. 66, s. 13.

Section 13Verify source

§ 13.1Section 13.1Provision

Source excerpt

If the president is absent, unable to act, or the office is vacant, the Board of Governors must designate a vice-president to replace the president.

13.1. If the president is absent or unable to act or if the office of president is vacant, the Board of Governors shall designate one of the vice-presidents to replace the president while he is absent or unable to act or until a president is appointed by the Government. 1989, c. 14, s. 10; 1999, c. 40, s. 325.

Section 13.1Verify source

§ 14Section 14Provision

Source excerpt

The Board of Governors may appoint specified vice-presidents and a secretary general. It may appoint other vice-presidents only with the Minister’s approval.

14. The Board of Governors may appoint a vice-president for administrative affairs, a vice-president for academic affairs and research, a vice-president for planning and a secretary general; with the approval of the Minister, it may also appoint any other vice-president and assign to him the title appropriate to his functions. 1968, c. 66, s. 14; 1989, c. 14, s. 11.

Section 14Verify source

§ 15Section 15Provision

Source excerpt

The University’s ordinary administration is under an Executive Committee, which also has whatever additional powers the Board of Governors assigns by by-law.

15. The ordinary administration of the University shall be under the jurisdiction of an Executive Committee which shall also exercise such other powers as are assigned to it by by-law of the Board of Governors. 1968, c. 66, s. 15.

Section 15Verify source

§ 16Section 16Provision

Source excerpt

The Executive Committee consists of the University president and three to six other persons appointed by the Board of Governors from among its members.

16. The Executive Committee shall be composed of the president of the University and not fewer than three nor more than six persons appointed by the Board of Governors from among its members. 1968, c. 66, s. 16.

Section 16Verify source

§ 16.1Section 16.1Provision

Source excerpt

The Board of Governors may delegate by by-law the power to authorize expenditures and enter contracts to specified university officers or personnel.

16.1. The Board of Governors may, by by-law, delegate to the president, to a vice-president, to the secretary general or to any member of the personnel of the Université du Québec the power to authorize expenditures and, accordingly, enter into contracts in the name of the University. Every by-law under this section shall indicate (1) the area of jurisdiction within which the delegation applies; (2) the amount of expenditure which may be authorized by the president, a vice-president, the secretary general or a member of the personnel; (3) any other condition relating to the delegation. 1989, c. 14, s. 12.

Section 16.1Verify source

§ 17Section 17Provision

Source excerpt

The Board of Governors may make general by-laws for the listed universities and institutes, including rules on administration, staff, budgets, accounting, auditing, and reporting. These by-laws may also contain special provisions for Université du Québec à Montréal, and they take effect when published in the Gazette officielle du Québec.

17. The Board of Governors may make general by-laws, applicable to the constituent universities, superior schools and research institutes, respecting: (a) the establishment of bodies of internal administration within such universities, schools and institutes; (b) the engagement of staff; (c) the form in which the budgetary estimates and financial statements must be submitted and the time within which they must be sent to the president of the Université du Québec; (d) accounting, auditing, books to be kept and returns and statistics to be furnished to the Université du Québec. Such by-laws may include special provisions applicable only to the Université du Québec à Montréal, by reason, in particular, of its status as an associated university. Such by-laws shall come into force on the date of their publication in the Gazette officielle du Québec. 1968, c. 66, s. 17; 1989, c. 14, s. 13; 1999, c. 40, s. 325.

Section 17Verify source

§ 18Section 18Provision

Source excerpt

An Academic Council is established, and its membership is set out in the section.

18. An Academic Council is established. Such Council shall be composed of the following members: (a) the president of the University and, if there be such, the vice-president for academic affairs and research; (b) the principal of each constituent university or his representative; (c) the director general of each research institute and each superior school or his representative; (d) three professors of constituent universities, research institutes and superior schools, designated by the faculty of such universities, institutes and schools, and three students of such universities, institutes and schools, designated by the students of such universities, institutes and schools. The term of office of the members of the Academic Council shall be fixed by the by-laws adopted for such purpose by the Board of Governors. 1968, c. 66, s. 18; 1990, c. 62, s. 4.

Section 18Verify source

§ 19Section 19Provision

Source excerpt

The Academic Council must prepare general by-laws for the listed universities and institutes, and those by-laws must be approved by the Board of Governors before taking effect on publication in the Gazette officielle du Québec.

19. The Academic Council shall prepare the general by-laws, applicable to the constituent universities, superior schools and research institutes, respecting: (a) the organization of instruction and research; (b) the structure of curricula and the nomenclature of university degrees, diplomas or certificates; (c) the admission of students; (d) the criteria and procedure for the engagement and promotion of the members of the faculty; (e) the procedure to be followed at consultations of the faculty for appointments to positions of responsibility for instruction and research; (f) the powers and composition of the academic committee of the constituent universities and superior schools and of the research committee of the research institutes, the procedure to be followed for the appointment, and term of office of their members. Such by-laws must be submitted for the approval of the Board of Governors; they shall come into force, after they are so approved, on the date of their publication in the Gazette officielle du Québec. Such by-laws may include special provisions applicable only to the Université du Québec à Montréal, by reason, in particular, of its status as an associated university. The Academic Council may also make recommendations to the Board of Governors respecting the co-ordination of instruction and research among the constituent universities, superior schools and research institutes. 1968, c. 66, s. 19; 1989, c. 14, s. 14; 1990, c. 62, s. 5.

Section 19Verify source

§ 20Section 20Provision

Source excerpt

The Academic Council is to be presided over by the University president, or another person the president designates.

20. The Academic Council shall be presided over by the president of the University or by any other person whom he designates. 1968, c. 66, s. 20.

Section 20Verify source

§ 21Section 21Provision

Source excerpt

A planning committee is created, must study matters about Université du Québec development, and must make recommendations to the Board of Governors.

21. A planning committee is established. Such committee shall study any matter respecting the development of the Université du Québec, the constituent universities, superior schools and research institutes, and make recommendations to the Board of Governors. The Board of Governors shall appoint the members of such committee; it may, by by-law, determine the number of members of such committee, their term of office and the extent of their powers, and decide any matter necessary for the internal management of the committee. 1968, c. 66, s. 21.

Section 21Verify source

§ 22Section 22Provision

Source excerpt

The Board of Governors may establish committees, set their composition, members’ terms, and powers, and must appoint the members.

22. The Board of Governors may establish other committees, including technical advisory committees and special committees and determine the composition of such committees, the term of office of their members and the extent of their powers; it shall also appoint the members of such committees. 1968, c. 66, s. 22.

Section 22Verify source

§ 23Section 23Provision

Source excerpt

The University must send the Minister its annual operating and investment budget before the date the Minister sets, and must also send requested budget estimates or five-year investment plans.

23. The University shall transmit to the Minister each year, before the date fixed by him, its operating and investment budget for the following fiscal year. The University shall transmit to the Minister any budgetary estimates or five-year investment plans for the University, constituent universities, research institutes or superior schools requested by the Minister. 1968, c. 66, s. 23; 2009, c. 38, s. 26.

Section 23Verify source

§ 23.1Section 23.1Provision

Source excerpt

The University must send interim reports on its financial position to the Minister.

23.1. The University shall transmit interim reports on its financial position to the Minister, on the dates and in the form the Minister determines; the reports are to contain those of the constituent universities, research institutes and superior schools. 2009, c. 38, s. 27.

Section 23.1Verify source

§ 24Section 24Provision

Source excerpt

The University’s financial statements must be sent to the Minister within 90 days after each fiscal year ends.

24. The financial statements of the University shall be forwarded to the Minister within ninety days after the end of each fiscal year; they shall contain those of the constituent universities, research institutes and superior schools. 1968, c. 66, s. 24.

Section 24Verify source

§ 25Section 25Provision

Source excerpt

The University must send the Minister an annual report of its activities, and the Minister must table that report before the National Assembly right away.

25. The University shall forward to the Minister, each year, a report of its activities, including those of the constituent universities, research institutes and superior schools; the Minister shall lay such report forthwith before the National Assembly. 1968, c. 66, s. 25; 1968, c. 9, s. 90.

Section 25Verify source

§ 26Section 26Repeal

Source excerpt

Section 26 is repealed.

26. (Repealed). 1968, c. 66, s. 26; 1979, c. 72, s. 395.

Section 26Verify source

§ 27Section 27Provision

Source excerpt

The Government may constitute constituent universities by letters patent under the Great Seal, but only after the Minister recommends it and the Board of Governors gives advice.

27. The Government, upon the recommendation of the Minister and after obtaining the advice of the Board of Governors, may constitute constituent universities, by letters patent under the Great Seal. 1968, c. 66, s. 27.

Section 27Verify source

§ 28Section 28Provision

Source excerpt

The letters patent must state the university’s name, head office location, and first six board members, and may include other provisions consistent with the Act.

28. The letters patent shall state the name of the constituent university, the place of its head office and the first six members of its board of directors, appointed under subparagraphs a and e of section 32; they may also contain any other provision consistent with this Act. 1968, c. 66, s. 28; 1989, c. 14, s. 15.

Section 28Verify source

§ 29Section 29Provision

Source excerpt

The Government may issue supplementary letters patent to a constituent university if the board of directors petitions, the Minister recommends, and the Board of Governors advises.

29. Upon the petition of the board of directors of a constituent university, the Government may, upon the recommendation of the Minister and after obtaining the advice of the Board of Governors, issue supplementary letters patent to the constituent university. A notice of the issue of the letters patent and supplementary letters patent under section 27 and the preceding paragraph shall be published in the Gazette officielle du Québec. 1968, c. 66, s. 29.

Section 29Verify source

§ 29.1Section 29.1Provision

Source excerpt

The Government may issue new letters patent to replace earlier letters patent, after the required advice, and notice of the issue must be published in the Gazette officielle du Québec.

29.1. The Government may, of its own initiative or upon the petition of the board of directors of the constituent university concerned and after obtaining the advice of the Board of Governors, issue new letters patent to replace the letters patent and supplementary letters patent issued under section 28, 29 or 48. The constituent universities created by virtue of the letters patent thus replaced shall continue their existence and shall be governed by the new provisions. By-laws and other decisions made by these constituent universities continue to apply and are deemed to have been made pursuant to the new letters patent provided they are not incompatible therewith. A notice of the issue of the letters patent under this section shall be published in the Gazette officielle du Québec. 1990, c. 62, s. 6.

Section 29.1Verify source

§ 30Section 30Provision

Source excerpt

A constituent university must have higher education and research as its objects, participate in teacher training within that framework, and may offer services to the community it serves.

30. The objects of a constituent university shall be higher education and research; within the framework of such objects, it shall in particular participate in teacher training. It may also offer services to the community it serves. 1968, c. 66, s. 30; 1989, c. 14, s. 16.

Section 30Verify source

§ 31Section 31Provision

Source excerpt

A constituent university is a legal person and may exercise certain powers, subject to by-law conditions and any required authorization.

31. Every constituent university is a legal person. It may in particular exercise the same powers as those assigned to the University by subparagraphs c to j of section 4; the exercise of the powers provided for in subparagraphs c to h of the first paragraph of that section is subject to the conditions fixed by a by-law of the Board of Governors, which by-law may require the authorization of the Board of Governors, of the executive committee or of the president. Any by-law made under the second paragraph shall come into force on the date of its publication in the Gazette officielle du Québec. Any contract made by a constituent university without the authorization contemplated in the second paragraph in cases where it is required shall be without effect. 1968, c. 66, s. 31; 1990, c. 62, s. 7; 1999, c. 40, s. 325.

Section 31Verify source

§ 32Section 32Provision

Source excerpt

A constituent university’s rights and powers are to be exercised by a board of directors made up of specified appointed members.

32. The rights and powers of a constituent university shall be exercised by a board of directors composed of the following persons who shall become members of the board upon their appointment: (a) the principal; (b) two persons holding an administrative position at the constituent university, one of whom shall be a person holding a position as head of academic affairs or head of research, appointed for five years by the Government and designated by the board of directors, upon the recommendation of the principal; (c) six persons appointed by the Government, upon the recommendation of the Minister, three of whom shall be professors of the constituent university appointed for three years and designated by the faculty of such university, two shall be students of the constituent university appointed for two years and designated by the students of such university and one shall be a lecturer of the constituent university appointed for three years and designated by the lecturers of such university; (d) one person appointed for three years by the Government on the recommendation of the Minister and chosen from among the persons recommended jointly by the general and vocational colleges of the region principally served by the constituent university; (e) five persons appointed for three years by the Government upon the recommendation of the Minister, after consultation with the most representative groups of the social, cultural, business and labour communities; (f) one graduate of the constituent university appointed for three years by the Government upon the recommendation of the Minister, after consultation with the graduate associations of such university or, if there is no associations, after consultation with the constituent university concerned. 1968, c. 66, s. 32; 1989, c. 14, s. 17; 1990, c. 62, s. 8.

Section 32Verify source

§ 33Section 33Provision

Source excerpt

The term of office of the persons in section 32(b) to (f) cannot be renewed consecutively more than once.

33. The term of office of the persons contemplated in subparagraphs b to f of section 32 shall not be renewed consecutively more than once. 1968, c. 66, s. 33; 1989, c. 14, s. 18.

Section 33Verify source

§ 34Section 34Provision

Source excerpt

A member covered by section 32(b) or (c) must stop being a board member if they lose the appointment qualifications set by the board’s by-laws.

34. Every member contemplated in subparagraph b or c of section 32 shall cease to be a member of the board of directors of a constituent university upon losing the qualifications required for appointment within the meaning of the by-laws made for such purpose by the board of directors. 1968, c. 66, s. 34; 1989, c. 14, s. 19.

Section 34Verify source

§ 35Section 35Provision

Source excerpt

If a specified board member fails to attend the number of meetings set by the board’s by-laws, the member’s term of office ends.

35. Failure by a member of the board of directors contemplated in subparagraphs b to f of section 32 to attend the number of sittings fixed by the by-laws made for such purpose by the board of directors shall terminate his term of office. 1968, c. 66, s. 35; 1989, c. 14, s. 20.

Section 35Verify source

§ 36Section 36Provision

Source excerpt

Board members remain in office until successors are appointed, subject to sections 34 and 35.

36. Subject to sections 34 and 35, the members of the board of directors shall continue to be members thereof until their successors are appointed, notwithstanding the termination of the period for which they were appointed. 1968, c. 66, s. 36.

Section 36Verify source

§ 37Section 37Provision

Source excerpt

If a vacancy arises for the members mentioned in section 32(b) to (f), it must be filled using the method prescribed for appointing the member being replaced.

37. In the case of the members contemplated in subparagraphs b to f of section 32, any vacancy shall be filled by following the method prescribed for the appointment of the member to be replaced. 1968, c. 66, s. 37; 1989, c. 14, s. 21.

Section 37Verify source

§ 37.1Section 37.1Provision

Source excerpt

Most board members may not hold a direct or indirect interest that conflicts with their office duties; an exception applies for interests acquired by succession or gift if promptly renounced or disposed of. Certain board members with a conflict must also disclose the interest in writing to the principal and refrain from taking part in related deliberations, decisions, or sittings.

37.1. No member of the board of directors other than a member contemplated by any of paragraphs e and f of section 32 may, on pain of forfeiture of office, have any direct or indirect interest in any undertaking which places his personal interest in conflict with his duties of office. However, forfeiture shall not be incurred if such an interest devolves to him by succession or gift, provided he renounces or disposes of it with diligence. Every member of the board of directors contemplated by any of paragraphs e and f of section 32 who has a direct or indirect interest in an undertaking which places his personal interest in conflict with that of the constituent university shall, on pain of forfeiture of office, declare his interest in writing to the principal and abstain from participating in any deliberation or decision relating to the undertaking in which he has such interest or in any sitting at which his interest is discussed. 1989, c. 14, s. 22.

Section 37.1Verify source

§ 37.2Section 37.2Provision

Source excerpt

Certain board members who are also university personnel must leave board sittings when specified labour-negotiation or personal-interest matters are discussed or voted on.

37.2. Every member of the board of directors of a constituent university contemplated in paragraph c of section 32 who is also a member of the personnel of that university must leave any sitting of the board while a matter concerning negotiations relating to the collective agreement or the collective labour contract taking its place which governs him or other members of the personnel of the constituent university is being discussed or voted on. Every member of the personnel of the constituent university who is a member of the board of directors must leave any sitting while any matter in which he has a personal and separate interest is being discussed or voted on. 1989, c. 14, s. 22; 1990, c. 62, s. 9.

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§ 38Section 38Provision

Source excerpt

The principal of each constituent university is appointed by the Government for a five-year term, on the Board of Governors’ recommendation and after consultation with the university, its faculty, and designated groups or associations. The principal must devote all time to the office’s work and duties, and the Government sets the salary.

38. The principal of each constituent university shall be appointed for five years by the Government upon the recommendation of the Board of Governors, after consultation with the constituent university concerned, its faculty and the groups or associations determined in the by-laws of the Board of Governors. He shall devote his time exclusively to the work and duties of his office. His salary shall be fixed by the Government. 1968, c. 66, s. 38; 1989, c. 14, s. 23.

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§ 38.1Section 38.1Provision

Source excerpt

If the principal is absent, unable to act, or the office is vacant, the Board of Governors must appoint a vice-principal to replace the principal.

38.1. If the principal is absent or unable to act or if the office of principal is vacant, the Board of Governors shall appoint one of the vice-principals to replace the principal while he is absent or unable to act or until a principal is appointed by the Government. 1989, c. 14, s. 24; 1999, c. 40, s. 325.

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§ 39Section 39Provision

Source excerpt

The board of directors may appoint vice-principals and a secretary general, and set their duties/functions and titles.

39. The board of directors may appoint vice-principals, determine their duties and assign to them the title appropriate to their functions. The board may also appoint a secretary general and determine his functions. 1968, c. 66, s. 39; 1990, c. 62, s. 10.

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§ 40Section 40Provision

Source excerpt

The current administration of a constituent university is under an executive committee, and that committee also exercises other powers assigned by the board’s by-law.

40. The current administration of a constituent university shall be under the jurisdiction of an executive committee which shall also exercise such other powers as are assigned to it by by-law of the board of directors of such university. The executive committee shall be composed of the principal of the university and not fewer than three nor more than six persons appointed by the board of directors from among its members. 1968, c. 66, s. 40.

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§ 40.1Section 40.1Provision

Source excerpt

The board of directors may, by by-law, delegate authority to authorize expenditures and enter contracts to the principal, a vice-principal, or a member of the personnel.

40.1. The board of directors may, by by-law, delegate to the principal, to a vice-principal or to any member of the personnel of the constituent university the power to authorize expenditures and, accordingly, enter into contracts in the name of the constituent university. Every by-law under this section shall indicate (1) the field of jurisdiction within which the delegation applies; (2) the amount of expenditure which may be authorized by the principal, a vice-principal or a member of the personnel; (3) any other condition relating to the delegation. 1989, c. 14, s. 25.

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§ 40.2Section 40.2Provision

Source excerpt

The Université du Québec à Montréal may enter useful agreements without authorization and must confer its own degrees, recommend its principal’s appointment, and designate the person replacing the principal.

40.2. The Université du Québec à Montréal, constituted by letters patent issued on 9 April 1969, in accordance with section 27 of this Act, is an associate university of the Université du Québec, and as such (1) it shall, notwithstanding paragraph a.1 of section 4, confer its own university degrees, diplomas or certificates; (2) it may, notwithstanding the second paragraph of section 31, enter without authorization into any agreement it deems useful for the pursuit of its objects, with any educational or research establishment; (3) it shall, notwithstanding section 38, make a recommendation for the appointment of its principal; (4) it shall, notwithstanding section 38.1, designate the person replacing the principal from among its vice-principals. 1989, c. 14, s. 25; 1999, c. 40, s. 325.

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§ 41Section 41Provision

Source excerpt

The board of directors must establish an academic committee, which must prepare internal by-laws on teaching and research.

41. Subject to the general by-laws made under subparagraph f of section 19, the board of directors shall establish an academic committee whose principal duty shall be to prepare the internal by-laws respecting teaching and research. Such by-laws shall be subject to approval by the board of directors. The academic committee may also submit to the board of directors recommendations respecting the co-ordination of instruction and research. Until the academic committee has been established after the formation of a constituent university, the board of directors shall exercise its powers. 1968, c. 66, s. 41.

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§ 42Section 42Provision

Source excerpt

The board of directors of a constituent university may make by-laws on internal administration, staff appointment and functions, property management, and the executive committee’s term and powers, subject to the Act and certain general by-laws.

42. Subject to the provisions of this Act and the general by-laws made under sections 17 and 19, the board of directors of a constituent university may make by-laws respecting: (a) the internal administration of the constituent university; (b) the appointment and functions of the staff of the constituent university; (c) the management of the property of the constituent university; (d) the term of office of the members of the executive committee and the extent of its powers. 1968, c. 66, s. 42.

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§ 43Section 43Provision

Source excerpt

Studies in a constituent university are governed by the general by-laws made under section 19, and they must be attested by a university degree, diploma, or certificate from the Université du Québec or, as applicable, the Université du Québec à Montréal.

43. The studies followed in a constituent university shall be governed by the general by-laws made under section 19. Studies shall be attested by a university degree, diploma or certificate awarded by the Université du Québec or, as the case may be, by the Université du Québec à Montréal. 1968, c. 66, s. 43; 1989, c. 14, s. 26.

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§ 44Section 44Provision

Source excerpt

Each constituent university must send the Université du Québec its annual operating and investment budget by the Board of Governors’ deadline, and it must also provide any budgetary estimates and five-year investment plans the Board requests.

44. Every constituent university shall submit each year to the Université du Québec, before the date fixed by the Board of Governors, its operating and investment budget for the following fiscal year. Constituent universities must submit to the Université du Québec any budgetary estimates and five-year investment plans requested by the Board of Governors. The budget of a constituent university shall form part of the budget of the Université du Québec. 1968, c. 66, s. 44; 2009, c. 38, s. 28.

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§ 44.1Section 44.1Provision

Source excerpt

Every constituent university must submit interim reports on its financial position to the Université du Québec on the dates and in the form set by the Board of Governors.

44.1. Every constituent university shall submit interim reports on its financial position to the Université du Québec, on the dates and in the form determined by the Board of Governors. The reports of a constituent university form part of the reports of the Université du Québec. 2009, c. 38, s. 29.

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§ 45Section 45Provision

Source excerpt

A constituent university must send its financial statements to the president of the Université du Québec within 60 days after each fiscal year ends.

45. The financial statements of a constituent university shall be forwarded to the president of the Université du Québec within sixty days after the end of each fiscal year. The fiscal year of a constituent university shall be the same as that of the Université du Québec. 1968, c. 66, s. 45; 1990, c. 62, s. 11.

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§ 46Section 46Provision

Source excerpt

Each constituent university must send an annual activities report to the Université du Québec by the date set by the Board of Governors.

46. Every constituent university shall forward each year to the Université du Québec a report of its activities, before the date prescribed by the Board of Governors. 1968, c. 66, s. 46.

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§ 47Section 47Provision

Source excerpt

The Government may revoke the charter of a constituent university not covered by section 49, if the board petitions, the Board of Governors advises, and the Minister recommends it.

47. The Government may revoke the charter of a constituent university not contemplated by section 49, on the petition of its board of directors, after obtaining the advice of the Board of Governors and on the recommendation of the Minister. Such revocation shall take effect on the sixtieth day after publication of a notice to that effect in the Gazette officielle du Québec. The constituent university shall thereupon be dissolved and, after payment of its debts and the carrying out of its obligations, its property shall vest in the Université du Québec. 1968, c. 66, s. 47.

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§ 48Section 48Commencement

Source excerpt

Universities not constituted under section 27 may petition the Minister to become constituent universities of the Université du Québec.

48. Notwithstanding any inconsistent legislative provision, any university not constituted under section 27 may apply to the Minister, by a petition adopted by its board of directors or by the body acting as such, to be constituted a constituent university of the Université du Québec. The Minister shall submit every petition so presented to him to the Board of Governors of the Université du Québec to obtain its advice. After receiving such advice, the Government may declare such university a constituent university of the Université du Québec, and grant it letters patent constituting it a legal person governed by this Act. Upon the issue of the letters patent all the rights, property and obligations of the former university shall vest in the new one and all proceedings that might have been commenced or continued by or against the former university may be commenced or continued by or against the new one. Notice of issue of letters patent under this section shall be published in the Gazette officielle du Québec. 1968, c. 66, s. 48; 1999, c. 40, s. 325.

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§ 49Section 49Provision

Source excerpt

The Government may declare, with the university’s option and the Board of Governors’ favourable advice, that a petitioning university becomes a constituent university of the Université du Québec while keeping its own charter.

49. The Government may also, at the option of the petitioning university and upon the favourable advice of the Board of Governors of the Université du Québec declare that such petitioning university, while retaining its own charter, is a constituent university of the Université du Québec. Such order in council shall be published in the Gazette officielle du Québec. As soon as the order is so published, the petitioning university shall be governed by the by-laws made under subparagraphs c and d of section 17 and subparagraphs a to d of section 19; moreover, the second paragraph of section 31, the second paragraph of section 43 and sections 44 to 46 shall apply thereto with the necessary modifications. 1968, c. 66, s. 49; 1990, c. 62, s. 12.

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§ 50Section 50Provision

Source excerpt

The Government may establish research institutes and superior schools by letters patent under the Great Seal, if the Minister recommends it and the Board of Governors advises it.

50. Upon the recommendation of the Minister and after obtaining the advice of the Board of Governors, the Government may establish research institutes and superior schools by letters patent under the Great Seal. 1968, c. 66, s. 50.

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§ 51Section 51Provision

Source excerpt

Letters patent must state the institute or school’s name, objects, head office, and first directors.

51. The letters patent shall state the name of the institute or school, its objects, the place of its head office and the first members of its board of directors; they may also contain any other provision consistent with this Act. 1968, c. 66, s. 51.

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§ 52Section 52Provision

Source excerpt

52. Upon petition by the Board of Governors or by the board of directors of a research institute or superior school, the Government, on the recommendation of the Minister and after obtaining the advice of the board of directors or of the Board of Governors, as the case may be, may issue supplementary letters patent to the institute or school. A notice of the issue of the letters patent and supplementary letters patent under section 50 and the preceding paragraph shall be published in the Gazette officielle du Québec. 1968, c. 66, s. 52.

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§ 52.1Section 52.1Provision

Source excerpt

The Government may issue new letters patent to replace certain existing letters patent, after petition and advice requirements are met, and must publish notice in the Gazette officielle du Québec.

52.1. The Government may, of its own initiative or upon a petition by the board of directors of the research institute or superior school concerned and after obtaining the advice of the Board of Governors, issue new letters patent to replace the letters patent and supplementary letters patent issued under section 50, 52 or 57. The research institutes and superior schools created by virtue of the letters patent thus replaced shall continue their existence and shall be governed by the new provisions. By-laws and other decisions made by these research institutes and superior schools continue to apply and are deemed to have been made pursuant to the new letters patent provided they are not incompatible therewith. A notice of the issue of the letters patent under this section shall be published in the Gazette officielle du Québec. 1990, c. 62, s. 13.

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§ 53Section 53Provision

Source excerpt

Each constituent university is a legal person and may exercise certain powers, subject to by-law conditions and possible authorization requirements. By-laws made under the second paragraph take effect when published in the Gazette officielle du Québec, and a contract made without required authorization has no effect.

53. Every constituent university is a legal person. It may in particular exercise the same powers as those assigned to the University by subparagraphs c to j of section 4; the exercise of the powers provided for in paragraphs c to h of the said section is subject to the conditions fixed by a by-law of the Board of Governors, which by-law may require the authorization of the Board of Governors, of the executive committee or of the president. Any by-law made under the second paragraph shall come into force on the date of its publication in the Gazette officielle du Québec. Any contract made by an institute or school without the authorization contemplated in the second paragraph in the cases where it is required shall be without effect. 1968, c. 66, s. 53; 1990, c. 62, s. 14; 1999, c. 40, s. 325.

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§ 54Section 54Provision

Source excerpt

A research institute or superior school must have its rights and powers exercised by a board of directors.

54. The rights and powers of a research institute or superior school shall be exercised by a board of directors composed of the number of persons determined by the letters patent issued under section 50; the letters patent shall also determine the qualifications required of the members of the board of directors, their term of office and the procedure applicable for their replacement. 1968, c. 66, s. 54.

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§ 54.1Section 54.1Provision

Source excerpt

Certain board members of a research institute or superior school must not hold conflicting interests, and other conflicted board members must disclose the interest in writing and abstain from related decisions.

54.1. No member of the board of directors of a research institute or of a superior school who holds an administrative position in or who is a member of the personnel of the research institute or superior school may, on pain of forfeiture of office, have any direct or indirect interest in an undertaking which places his personal interest in conflict with his duties of office. However, forfeiture shall not be incurred if such an interest devolves to him by succession or gift, provided he renounces or disposes of it with diligence. Every other member of the board of directors who has a direct or indirect interest in an undertaking which places his personal interest in conflict with that of the institute or school shall, on pain of forfeiture of office, declare his interest in writing to the director general and abstain from participating in any deliberation or decision relating to the undertaking in which he has such interest or in any sitting at which his interest is discussed. 1989, c. 14, s. 27; 1990, c. 62, s. 15.

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§ 54.2Section 54.2Provision

Source excerpt

Certain board members must leave board sittings when specified matters are being discussed or voted on.

54.2. Every member of the personnel of a research institute or superior school who is a member of the board of directors of that institute or that school in his quality as professor, student or lecturer, must leave any sitting of the board while a matter concerning negotiations relating to the collective agreement or the collective labour contract taking its place which governs him or other members of the personnel of that institute or school is being discussed or voted on. Every member of the personnel of a research institute or superior school who is a member of the board of directors must leave any sitting while any matter in which he has a personal and separate interest is being discussed or voted on. 1989, c. 14, s. 27; 1990, c. 62, s. 16.

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§ 55Section 55Provision

Source excerpt

The Government appoints each institute’s or school’s director general for a five-year term, after the specified recommendations and consultations, and fixes the salary. The director general must devote all time to the office. If the director general is absent, unable to act, or the office is vacant, the Board of Governors must designate a replacement from among administrative staff.

55. The director general of every institute and of every school shall be appointed by the Government for a term of five years on the recommendation of the Board of Governors, after consultation with the institute or school concerned, its teaching staff and such groups or associations as are determined by by-law of the Board of Governors. He must devote his time exclusively to the work and duties of his office. His salary shall be fixed by the Government. If the director general is absent or unable to act or if the office of director general is vacant, the Board of Governors shall designate a person from among persons holding an administrative position at the institute or school to replace the director general while he is absent or unable to act or while the office of director general remains vacant. 1968, c. 66, s. 55; 1989, c. 14, s. 28; 1990, c. 62, s. 17; 1999, c. 40, s. 325.

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§ 56Section 56Provision

Source excerpt

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

56. In addition to the by-laws made under sections 17 and 19, sections 40 to 47 shall apply with the necessary modifications to every research institute or superior school constituted under section 50 or 57. In applying section 41 to a research institute, the words “academic committee” shall be replaced by the words “research committee”. 1968, c. 66, s. 56; 1989, c. 14, s. 29; 1990, c. 62, s. 18.

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§ 57Section 57Commencement

Source excerpt

A qualifying research institute or superior school may petition the Minister for constitution under the Act, and the Minister must send the petition to the Board of Governors of the Université du Québec for advice.

57. Notwithstanding any inconsistent legislative provision, any research institute or superior school which is not constituted under section 50 may apply to the Minister, by a petition adopted by its board of directors or by the body acting as such, to be constituted a research institute or superior school governed by this Act. The Minister shall submit every petition so presented to him to the Board of Governors of the Université du Québec to obtain its advice. After receiving such advice, the Government may grant the petition and issue letters patent constituting it a legal person governed by this Act. Upon the issue of such letters patent, all the rights, property and obligations of the former institute or school shall vest in the new institute or school, and all proceedings that might have been commenced or continued by or against the former institute or school may be commenced or continued by or against the new institute or school. Notice of issue of letters patent under this section shall be published in the Gazette officielle du Québec. 1968, c. 66, s. 57; 1999, c. 40, s. 325.

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§ 58Section 58Provision

Source excerpt

58. The Government may also, at the option of the petitioning institute or school and upon the favourable advice of the Board of Governors of the Université du Québec, declare that such institute or school, while retaining its own charter, shall be governed by this Act. Such order in council shall be published in the Gazette officielle du Québec. As soon as the order is so published, the petitioning institute or school shall be governed by the by-laws made under subparagraphs c and d of section 17, and subparagraphs a to d of section 19; moreover, the second paragraph of section 31, the second paragraph of section 43 and sections 44 to 46 shall apply thereto with the necessary modifications. 1968, c. 66, s. 58; 1990, c. 62, s. 19.

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§ 59Section 59Provision

Source excerpt

The Minister of Higher Education, Research, Science and Technology is responsible for carrying out this Act.

59. The Minister of Higher Education, Research, Science and Technology shall have charge of the carrying out of this Act. 1968, c. 66, s. 60; 1985, c. 21, s. 96; 1988, c. 41, s. 88; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 2005, c. 28, s. 195; 2013, c. 28, s. 201.

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§ 60Section 60Provision

Source excerpt

Section 60 ceased to have effect on 17 April 1987.

60. (This section ceased to have effect on 17 April 1987). 1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

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§ —ScheduleRepeal

Source excerpt

This schedule repeals chapter 66 of the statutes of 1968, except sections 59 and 61, when chapter U-1 of the Revised Statutes comes into force.

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

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Act respecting the Université du Québec, 1968

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