C-62.1 - Act respecting the Conservatoire de musique et d’art dramatique du Québec

Full text
chapter C-62.1
Act respecting the Conservatoire de musique et d’art dramatique du Québec
CONSERVATOIRE DE MUSIQUE ET D’ART DRAMATIQUEMay 5 1994May 5 1994
CHAPTER I
ESTABLISHMENT AND ORGANIZATION
1. A Conservatoire is hereby established under the name of “Conservatoire de musique et d’art dramatique du Québec”.
1994, c. 2, s. 1.
2. The Conservatoire is a legal person.
1994, c. 2, s. 2.
3. The Conservatoire has its head office in the territory of Ville de Québec. A notice of the location and of any relocation of the head office shall be published in the Gazette officielle du Québec.
1994, c. 2, s. 3; 2000, c. 56, s. 220.
4. The affairs of the Conservatoire are administered by a board of directors composed, as and when they are appointed or elected, of the following members:
(1)  eight persons from various regions of Québec, including the chairman of the board of directors, appointed by the Minister of Culture and Communications following consultation with bodies considered by the Minister to be representative of the fields of music and dramatic art; two of such persons must be former students, one in music and the other in dramatic art, of the Conservatoire or of the Conservatoire de musique et d’art dramatique de la province de Québec established by the Act respecting the Conservatoire de musique et d’art dramatique (chapter C‐62);
(2)  two persons appointed by the Minister of Education, Recreation and Sports following consultation with bodies considered to be representative of the fields of college and university-level education;
(3)  one person appointed by the Minister of Education, Recreation and Sports following consultation with bodies considered to be representative of the fields of elementary and secondary education;
(4)  (subparagraph repealed);
(5)  two principals of institutions of the Conservatoire which provide instruction in music, elected by a majority vote of their peers, in accordance with the by-laws of the Conservatoire;
(6)  one principal of an institution of the Conservatoire which provides instruction in dramatic art, elected by a majority vote of his peers, in accordance with the by-laws of the Conservatoire;
(7)  two teachers of institutions of the Conservatoire which provide instruction in music and one teacher from an institution of the Conservatoire which provides instruction in dramatic art, elected respectively by a majority vote of their peers, in accordance with the by-laws of the Conservatoire;
(8)  one member of the staff of the Conservatoire belonging to none of the categories mentioned in subparagraphs 5, 6 and 7, elected by a majority vote of his peers, in accordance with the by-laws of the Conservatoire;
(9)  two full-time students at the Conservatoire, one studying music and one studying dramatic art, appointed in accordance with section 32 of the Act respecting the accreditation and financing of students’ associations (chapter A‐3.01) or, where that provision cannot be applied, elected by a majority vote of their peers, in accordance with the by-laws of the Conservatoire.
The director general of the Conservatoire is a member of the board.
The elections referred to in subparagraphs 5 to 9 of the first paragraph shall be held and presided over by the person designated by the board members in office.
1994, c. 2, s. 4; 2005, c. 28, s. 195; 2006, c. 26, s. 1.
5. The terms of office of the members of the board of directors referred to in subparagraphs 1 to 3 of the first paragraph of section 4 shall not exceed three years, the terms of the members referred to in subparagraphs 5 to 8 of that paragraph shall not exceed two years, and the terms of the members referred to in subparagraph 9 of that paragraph shall be of one year.
The terms of office of the members referred to in subparagraphs 1 to 3 and subparagraph 9 of the first paragraph of section 4 may not be renewed more than once. The terms of office of the members referred to in subparagraphs 5 to 8 of that paragraph may be renewed twice.
Any vacancy in a position held by a student occurring during his term of office shall be filled for the unexpired portion of the term.
1994, c. 2, s. 5.
7. The members of the board of directors receive no remuneration. They are, however, entitled, on the presentation of vouchers, to the reimbursement of reasonable expenses incurred in the performance of their duties, on the conditions and to the extent prescribed by by-law of the Conservatoire.
1994, c. 2, s. 7.
8. The chairman shall preside over the meetings of the board of directors, supervise its operations and assume all other duties assigned to him by by-law of the Conservatoire.
1994, c. 2, s. 8.
9. The members of the board of directors shall designate a vice-chairman from among their number.
When the chairman is absent or unable to act, the vice-chairman shall act as chairman of the board of directors.
1994, c. 2, s. 9.
10. A majority of the board members constitutes a quorum at meetings of the board.
In the case of a tie-vote, the chairman has a casting vote.
The board may hold its meetings at any place in Québec.
1994, c. 2, s. 10.
11. Upon a written request of a majority of the members of the board in office, the chairman shall call a special meeting of the board.
1994, c. 2, s. 11.
12. Every member of the board, except the director general, who has a direct or indirect interest in an enterprise that places his personal interest in conflict with that of the Conservatoire must, on pain of forfeiture of office, disclose his interest in writing to the chairman, abstain from voting on any matter concerning the enterprise and avoid influencing the decision relating to it. The member must, in addition, withdraw from the meeting while the matter is discussed or voted on.
Furthermore, every member of the board who is a member of the staff of the Conservatoire must, on pain of forfeiture of office, abstain from voting on any matter concerning his employment status, remuneration, fringe benefits and other conditions of employment, or those of the category of employees to which he belongs. In addition, the member must, after having been given an opportunity to present his views, withdraw from the meeting while the matter is discussed or voted on.
The second paragraph applies in the same manner to every member of the board who is a member of the staff, except the director general and the principal of an educational institution of the Conservatoire, with respect to any matter concerning the remuneration, fringe benefits and other conditions of employment of other categories of employees.
Despite the second paragraph, the director general may vote on any matter concerning the employment status, remuneration, fringe benefits or other conditions of employment of the academic director.
1994, c. 2, s. 12; 2006, c. 26, s. 2.
13. The Conservatoire may, by by-law, establish rules for its internal management.
Not in force
It may, in particular, provide for the establishment of an executive committee and determine its duties and powers; the committee shall be composed of members of the board of directors chosen in the majority from among the members appointed under subparagraph 1 of the first paragraph of section 4, of at least one member chosen from among the members appointed or elected under subparagraphs 5 to 9 of that paragraph and of the principal of the institution of the Conservatoire at Montréal which provides instruction in music.
1994, c. 2, s. 13.
17. No act, document or writing shall be binding upon the Conservatoire unless it is signed by the chairman, the director general or a staff member of the Conservatoire, and, where signed by a staff member, it shall be binding only to the extent determined by by-law of the Conservatoire.
The Conservatoire may, on the conditions and with respect to the documents it determines, allow a required signature to be affixed by means of an automatic device, or allow a facsimile of a signature to be engraved, lithographed or printed. However, the facsimile has the same value as the signature itself only if the document is countersigned by a person authorized by the chairman or the director general.
1994, c. 2, s. 17.
18. The minutes of the meetings of the board of directors, approved by the board and certified by the chairman or by any other person authorized to do so by the Conservatoire, are authentic. The same rule applies in respect of documents or copies emanating from the Conservatoire or forming part of its records when signed or certified as true copies by one of those persons.
1994, c. 2, s. 18.
28. The members of the staff of the Conservatoire shall be appointed according to the staffing plan established by the Conservatoire.
1994, c. 2, s. 28; 2000, c. 8, s. 116.
29. Subject to the provisions of a collective agreement, the Conservatoire shall determine, by by-law, the standards and scales of remuneration, employee benefits and other conditions of employment of the members of its staff in accordance with the conditions defined by the Government.
1994, c. 2, s. 29; 2000, c. 8, s. 117.
30. (Repealed).
1994, c. 2, s. 30; 2000, c. 8, s. 118.
55. (Repealed).
1994, c. 2, s. 55; 2006, c. 26, s. 9.
76. (Repealed).
1994, c. 2, s. 76; 2006, c. 26, s. 12.
CHAPTER VII
TRANSITIONAL AND FINAL PROVISIONS
81. The first board of directors of the new Conservatoire, composed of the members appointed after 15 June 2006 pursuant to subparagraphs 1 to 3 of the first paragraph of section 4, is charged with taking all the preparatory measures necessary for the operation of the new Conservatoire from the date of coming into force of Chapter II, except the measures coming under the responsibility of the Minister of Culture and Communications pursuant to section 82.
The board of directors shall, before that date,
(1)  adopt the by-laws referred to in sections 4, 7, 29, 32, 33, 35, 36, 41, 42, 43 and 45 and in the first paragraph of section 13;
(2)  establish the staffing plan of the Conservatoire;
(3)  establish an assignment plan for the employees who will be transferred to the new Conservatoire under section 89;
(4)  submit to the Minister for approval, in accordance with section 53, the budgetary estimates of the new Conservatoire for its first fiscal year.
The first board of directors may, for such purposes and with the authorization of the Minister, request the assistance of the personnel of the Ministère de la Culture et des Communications or contract a loan.
The board of directors must make public, in the manner it considers most appropriate, the by-laws adopted under section 4.
The by-laws adopted by the first board of directors pursuant to subparagraph 1 of the second paragraph of this section must be adopted again, with or without amendment, at a meeting of the board of directors composed of all members appointed or elected under section 4.
1994, c. 2, s. 81; 2006, c. 26, s. 14.
82. The Minister may, on behalf of the new Conservatoire and before the coming into force of Chapter II, admit and register students and hire teachers and non-teaching staff.
1994, c. 2, s. 82.
82.1. For the first year of operation of the new Conservatoire, the admission, registration and tuition fees, and the terms and conditions of payment and refund, are the same as those determined for the former Conservatoire.
The Minister shall, on behalf of the new Conservatoire, collect the fees payable before the coming into force of Chapter II.
For the subsequent years, the fees and terms and conditions remain applicable unless they are replaced or modified by the new Conservatoire.
2006, c. 26, s. 15.
89. The employees of the Direction générale du Conservatoire de musique et d’art dramatique of the Ministère de la Culture et des Communications, and the employees of the branches of the former Conservatoire, in office on 14 June 2006 become employees of the new Conservatoire, subject to the conditions of employment applicable to them and provided that a decision providing for their transfer is made by the Conseil du trésor before 15 June 2007. The same applies to any employee of the Ministère de la Culture et des Communications whose principal or secondary tasks are related to the activities of the new Conservatoire.
Such employees shall hold the positions and perform the duties assigned to them by the new Conservatoire, subject to the provisions of any collective agreement applicable to them.
1994, c. 2, s. 89; 2006, c. 26, s. 17.
90. Every employee transferred to the new Conservatoire under section 89 may apply for a transfer to a position in the public service or enter a competition for promotion to such a position in accordance with the Public Service Act (chapter F-3.1.1) if, on the date on which he was transferred to the new Conservatoire, he was a public servant with permanent tenure in the department.
Section 35 of the Public Service Act applies to any employee who enters such a competition for promotion.
1994, c. 2, s. 90.
91. Where an employee referred to in section 90 applies for a transfer or enters a competition for promotion, he may require the chairman of the Conseil du trésor to give him an assessment of the classification that would be assigned to him in the public service. The assessment must take account of the classification of the employee on the date of the transfer, as well as the years of experience and the formal training acquired in the course of his employment with the new Conservatoire.
Where an employee is transferred pursuant to section 90, the deputy minister or chief executive officer shall assign to him a classification compatible with the assessment provided for in the first paragraph.
Where an employee is promoted pursuant to section 90, his classification must take account of the criteria set out in the first paragraph.
1994, c. 2, s. 91; 1996, c. 35, s. 19.
92. Where some or all of the activities of the new Conservatoire are discontinued or if there is a shortage of work, an employee referred to in section 90 is entitled to be placed on reserve in the public service with the classification he had before he was transferred.
In such a case, the chairman of the Conseil du trésor shall, where applicable, establish his classification taking account of the criteria set out in the first paragraph of section 91.
1994, c. 2, s. 92; 1996, c. 35, s. 19.
93. A person who, in accordance with the applicable conditions of employment, refuses to be transferred to the new Conservatoire is assigned to the new Conservatoire until the chair of the Conseil du trésor is able to place the person in accordance with section 100 of the Public Service Act (chapter F-3.1.1). The same applies to a person placed on reserve under section 92, which person remains in the employ of the new Conservatoire.
1994, c. 2, s. 93; 1996, c. 35, s. 19; 2006, c. 26, s. 18.
94. Subject to the recourses available under a collective agreement, an employee referred to in section 90 who is dismissed may bring an appeal under section 33 of the Public Service Act (chapter F-3.1.1).
1994, c. 2, s. 94.
95. The associations of employees certified in accordance with the provisions of Chapter IV of the Public Service Act (chapter F-3.1.1) that represent groups of employees of the Ministère de la Culture et des Communications on the date on which the employees were transferred in accordance with section 89, continue to represent those employees at the new Conservatoire until the date of expiry of the collective agreements in force at the time of the transfer.
The associations of employees shall also represent the future employees of the new Conservatoire, according to the groups to which they belong, until the collective agreements referred to in the first paragraph expire.
The provisions of the collective agreements continue to apply to the employees of the new Conservatoire so far as they are applicable, until they expire.
However, the provisions of the collective agreements concerning job security do not apply to the employees referred to in the second paragraph.
1994, c. 2, s. 95.
99. (Omitted).
1994, c. 2, s. 99.
REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 2 of the statutes of 1994, in force on 1 September 1994, is repealed, except section 99, effective from the coming into force of chapter C-62.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 28 of chapter 2 of the statutes of 1994, in force on 1 March 1996, is repealed effective from the coming into force of the updating to 1 March 1996 of chapter C-62.1 of the Revised Statutes.