An Act respecting the Commission d'évaluation de l'enseignement collégial

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Published: 2015-11-01

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chapter C-32.2

An Act respecting the Commission d'évaluation de l'enseignement collégial

CHAPTER I 
ESTABLISHMENT AND ORGANIZATION

Establishment.

1. A commission is hereby established under the name of “Commission d'évaluation de l'enseignement collégial”.

1993, c. 26, s. 1.

Composition.

2. The Commission shall consist of four members, including a chairman, appointed by the Government.

1993, c. 26, s. 2; 2002, c. 50, s. 7.

Incompatibility of office.

3. The office of member of the board of directors of any of the following bodies is incompatible with the office of member of the Commission:

 (1) a general and vocational college, a legal person entrusted by a college with the management of some of its activities or a service company established under section 30.1 of the General and Vocational Colleges Act (chapter C-29);

 (2) any other public or private educational institution to which the College Education Regulations established under section 18 of the General and Vocational Colleges Act apply or a legal person associated with such an institution for the carrying on of activities related to its mission.

Incompatibility.

Any mandate, function or employment carried out or held for a body referred to in the first paragraph that entails remuneration or a benefit in lieu of remuneration is also incompatible with the office of member of the Commission.

1993, c. 26, s. 3; 1999, c. 40, s. 63.

Term of office.

4. The term of office of a member shall not exceed five years. At the end of his term, the member shall remain in office until he is replaced or reappointed.

Total duration.

In no case may the total duration of the successive terms of office of a member and any period during which he remains in office between two of such terms exceed ten years. At the end of such ten-year period, the member shall remain in office until he is replaced.

1993, c. 26, s. 4.

5. Where a member of the Commission is absent or unable to act, the Minister may appoint a person to replace him in the interim.

1993, c. 26, s. 5; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 2005, c. 28, s. 195; 2013, c. 28, s. 201.

Chairman.

6. The chairman shall be responsible for the management of the Commission and preside over its meetings.

Replacement.

The Government shall designate a member of the Commission to replace the chairman when he is absent or unable to act.

1993, c. 26, s. 6.

Conditions of employment.

7. The Government shall determine the remuneration, social benefits and other conditions of employment of the members of the Commission.

1993, c. 26, s. 7.

Quorum.

8. Two members constitute a quorum at meetings of the Commission.

Casting vote.

In the case of a tie-vote, the chairman has a casting vote.

1993, c. 26, s. 8.

Forfeiture.

9. No member of the Commission may, under pain of forfeiture of office, be in a situation incompatible with his office within the meaning of section 3, or have any direct or indirect interest in an undertaking that puts his interest in conflict with that of the Commission.

Exception.

However, forfeiture is not incurred if such an interest devolves to him by succession or gift, provided he renounces or disposes of it with dispatch.

1993, c. 26, s. 9.

Appointment of staff.

10. 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).

1993, c. 26, s. 10; 2000, c. 8, s. 242.

Internal management.

11. The Commission may, by by-law, provide for its internal management.

1993, c. 26, s. 11.

Secretariat.

12. The secretariat of the Commission shall be established in the territory of Ville de Québec, at any place determined by the Government. Notice of the location or of any change in the location of the secretariat shall be published in the Gazette officielle du Québec.

Place of meeting.

The Commission may hold its meetings anywhere in Québec.

1993, c. 26, s. 12; 2000, c. 56, s. 220.

CHAPTER II 
MISSION AND POWERS

13. The mission of the Commission shall pertain to the college instruction provided by general and vocational colleges and by any other public or private educational institution to which the College Education Regulations apply.

Its mission shall consist in evaluating, for each educational institution,

 (1) the institution's policy on the evaluation of learning achievement and the procedures for the certification of studies, and their implementation;

 (2) the institution's policy on the evaluation of programs of studies, and their implementation;

 (3) the implementation of the programs of studies established by the Minister, taking into account the objectives and standards assigned to them;

 (4) the objectives, standards and implementation of the programs of studies established by the institution, taking into account the needs these programs are designed to meet.

In addition, for general and vocational colleges and private educational institutions accredited for purposes of subsidies under the Act respecting private education (chapter E-9.1), the Commission shall evaluate the activities related to their educational mission as regards administrative and academic planning and management as well as instruction and support services. Such evaluation includes an evaluation of the strategic plan established pursuant to section 16.1 of the General and Vocational Colleges Act (chapter C-29).

1993, c. 26, s. 13; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 2002, c. 50, s. 8; 2005, c. 28, s. 195; 2013, c. 28, s. 201.

Evaluation.

14. The Commission may also evaluate the implementation, by all or some of the educational institutions, of any program of college studies it designates.

1993, c. 26, s. 14.

Powers and duties.

15. The Commission may, in exercising its powers and duties,

 (1) develop evaluation criteria and instruments and ensure their dissemination;

 (2) form advisory committees and determine their powers and duties as well as their operating rules;

 (3) retain the services of experts.

1993, c. 26, s. 15.

Evaluation.

16. The Commission may carry out an evaluation each time it considers it expedient. It shall give prior notice thereof to the educational institution concerned and give it an opportunity to present its views.

Special attention.

The Minister may ask the Commission to pay special attention, in carrying out its evaluation, to one or more aspects of the activities related to the educational mission of one or more educational institutions.

Method.

The Commission shall conduct its evaluation according to the method it determines.

1993, c. 26, s. 16; 2002, c. 50, s. 9.

Evaluation report.

17. The Commission shall prepare an evaluation report containing its findings and conclusions.

Recommendations.

In its report, the Commission may recommend to the educational institution measures for improving the quality of its evaluation policies, its programs or the means by which its programs are implemented. Such measures may also concern the planning, organization and operation of the institution and the management of the activities related to the educational mission of the institution.

Recommendations.

The Commission may also make recommendations to the Minister on any matter relating to programs of studies and evaluation policies, including any governmental or ministerial policy having an impact on the management by the institution of programs of studies and evaluation. It may, in particular, recommend to the Minister that an educational institution be authorized to award the Diploma of College Studies.

1993, c. 26, s. 17; 2002, c. 50, s. 10.

Transmission of report.

18. The Commission shall send a copy of its evaluation report to every educational institution concerned and to the Minister.

Report made public.

The report shall be made public by the Commission in the manner it considers appropriate.

1993, c. 26, s. 18.

Person authorized.

19. The Commission may generally or specially authorize any person to collect from any educational institution concerned by an evaluation the information necessary for the carrying out of its mission.

Powers.

To that end, the person authorized may

 (1) have access, at any reasonable time, to the facilities of the institution;

 (2) examine and make copies of any relevant register or document;

 (3) require any relevant information or document.

1993, c. 26, s. 19.

Identification.

20. The person authorized under section 19 must, on request, identify himself and show the certificate attesting his capacity.

1993, c. 26, s. 20.

Immunity.

21. No member of the Commission nor any person it authorizes under section 19 may be prosecuted for official acts performed in good faith in the performance of their duties.

1993, c. 26, s. 21.

CHAPTER III 
ANNUAL REPORT

22. Not later than 15 November each year, the Commission shall submit a report of its activities for the school year ending on the preceding 30 June to the Minister.

1993, c. 26, s. 22; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 2005, c. 28, s. 195; 2013, c. 28, s. 201.

Tabling.

23. The Minister shall table the report before the National Assembly within 30 days of receiving it or, if the Assembly is not sitting, within 30 days of resumption.

1993, c. 26, s. 23.

CHAPTER IV 
AMENDING PROVISIONS

24. (Amendment integrated into c. C-26, s. 184).

1993, c. 26, s. 24.

25. (Amendment integrated into c. C-29, s. 6).

1993, c. 26, s. 25.

26. (Amendment integrated into c. C-29, s. 27.1).

1993, c. 26, s. 26.

27. (Omitted).

1993, c. 26, s. 27.

28. (Omitted).

1993, c. 26, s. 28.

29. (Amendment integrated into c. C-60, s. 4).

1993, c. 26, s. 29.

30. (Amendment integrated into c. C-60, s. 7).

1993, c. 26, s. 30.

31. (Amendment integrated into c. C-60, s. 9).

1993, c. 26, s. 31.

32. (Amendment integrated into c. C-60, s. 14.1).

1993, c. 26, s. 32.

33. (Amendment integrated into c. C-60, s. 24).

1993, c. 26, s. 33.

34. (Amendment integrated into c. C-62, s. 12).

1993, c. 26, s. 34.

35. (Amendment integrated into c. C-62, s. 12.1).

1993, c. 26, s. 35.

36. (Amendment integrated into c. C-62, s. 15).

1993, c. 26, s. 36.

37. (Amendment integrated into c. E-14.1, s. 1).

1993, c. 26, s. 37.

38. (Amendment integrated into c. I-13.02, s. 18).

1993, c. 26, s. 38.

39. (Amendment integrated into c. I-13.02, s. 19).

1993, c. 26, s. 39.

40. (Amendment integrated into c. I-13.02, s. 20).

1993, c. 26, s. 40.

41. (Amendment integrated into c. I-17, s. 2).

1993, c. 26, s. 41.

42. (Amendment integrated into c. M-14, s. 2).

1993, c. 26, s. 42.

43. (Omitted).

1993, c. 26, s. 43.

CHAPTER V 
TRANSITIONAL AND FINAL PROVISIONS

Matters in progress.

44. Matters in progress before the Conseil des collèges or before the Conseil des universités shall be continued by the Conseil supérieur de l'éducation.

Matters in progress.

However, matters in progress before the Conseil des collèges in respect of the examination of institutional evaluation policies and the examination of the implementation of those policies shall be continued by the Commission d'évaluation de l'enseignement collégial.

1993, c. 26, s. 44.

Records and documents.

45. The records and other documents of the Conseil des universités and of the Conseil des collèges become the records and documents of the Conseil supérieur de l'éducation.

Records and documents.

However, the records and other documents of the Conseil des collèges relating to the examination of institutional evaluation policies and the examination of the implementation of those policies become the records and documents of the Commission d'évaluation de l'enseignement collégial.

1993, c. 26, s. 45.

Appropriations.

46. Appropriations granted to the Conseil des universités and to the Conseil des collèges shall be transferred to the Conseil supérieur de l'éducation and to the Commission d'évaluation de l'enseignement collégial to the extent and on the terms and conditions determined by the Government.

Sums required.

The other sums required for the carrying out of this Act for the fiscal year 1993-94 shall be taken out of the Consolidated Revenue Fund to the extent determined by the Government.

1993, c. 26, s. 46.

47. The Minister of Higher Education, Research, Science and Technology is responsible for the administration of this Act.

1993, c. 26, s. 47; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 2005, c. 28, s. 195; 2013, c. 28, s. 201.

48. (Omitted).

1993, c. 26, s. 48.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 26 of the statutes of 1993, in force on 1 September 1993, is repealed, except paragraph 1 of section 43 and section 48, effective from the coming into force of chapter C-32.2 of the Revised Statutes.