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

À jour au 24 octobre 2025

Ce document a valeur officielle.

chapter E-9.1, r. 1

Regulation respecting the application of the Act respecting private education

Act respecting private education

(chapter E-9.1, s. 111).

The amounts prescribed in the Regulation have been indexed pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 28 December 2024, page 745A. (s. 7) (Effect from 1 January 2024)

CHAPTER I INTRODUCTORY

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

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

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

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

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

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

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

CHAPTER II ISSUE, RENEWAL AND MODIFICATION OF PERMITS

DIVISION I TIME LIMIT FOR FILING AN APPLICATION

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

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

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

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

DIVISION II PRESENTATION DOCUMENTS

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

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

DIVISION III FEES EXIGIBLE

7. The amount of the fees exigible for an application for the issue of a permit shall be $715.

The amount of the fees exigible for an application for the modification of a permit shall be $570, except for an application for a change of name of the institution or one of its facilities.

O.C. 1490-93, s. 7; D. 17-2025, s. 13.

DIVISION IV SECURITY

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

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

9. The security is based on the total revenue from admission or enrollment, educational service and accessory service fees relating to the level of instruction for which the permit is issued as estimated in the institution’s annual budget for the first school year of the period of validity of the permit.

The security is established as follows:

Total revenue from admission or enrollment, educational service and accessory service fees	Security
$0 to $49,999	$5,000
$50,000 to $99,999	$10,000
$100,000 to $199,999	$20,000
$200,000 to $499,999	$50,000
$500,000 to $999,999	$100,000
$1,000,000 to $1,499,999	$150,000
$1,500,000 to $2,499,999	$250,000
$2,500,000 to $4,999,999	$500,000
$5,000,000 to $9,999,999	$1,000,000
$10,000,000 to $24,999,999	$2,500,000
$25,000,000 and over	$5,000,000

O.C. 1490-93, s. 9; S.Q. 2013, c. 28, s. 196; D. 17-2025, s. 2.

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

If during the period of validity of the permit, the total revenue from admission or enrollment, educational service and accessory service fees increases to a higher class on the scale in section 9, the institution shall, without delay, increase the security accordingly.

O.C. 1490-93, s. 10; D. 17-2025, s. 3.

11. The security shall be furnished as follows:

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

2°  by means of a bond or other debt security at any time, of the same type as those referred to in paragraph 2 of article 1339 of the Civil Code; or

3°  in cash, by certified cheque, postal money order, bank draft or certified payment order drawn on a financial services cooperative to the order of the Minister of Finance.

O.C. 1490-93, s. 11; D. 488-2017, s. 3.

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

Security in the form of a bond or other evidence of indebtedness, or furnished in cash, by certified cheque, postal money order, bank draft or by certified payment order drawn on a financial services cooperative shall be sent to the Bureau général de dépôts pour le Québec. It is held on deposit until its expiry date.

O.C. 1490-93, s. 12; D. 488-2017, s. 4.

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

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

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

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

2°  if the security was furnished by means of a bond or other evidence of indebtedness, the Minister shall ask the Bureau général de dépôts pour le Québec to cash in the bond or other evidence of indebtedness and to forward to him out of that amount the amount required to ensure a refund up to the amount of the security; and

3°  if the security was furnished in cash, by certified cheque, postal money order, bank draft or by certified payment order drawn on a financial services cooperative, the Minister shall ask the Bureau général de dépôts pour le Québec to forward to him the sum required to ensure a refund up to an amount equal to the amount of the security.

O.C. 1490-93, s. 14; D. 488-2017, s. 5.

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

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

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

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

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

CHAPTER II.1 CHANGE OF DIRECTOR, SHAREHOLDER OR OFFICER

D. 17-2025, s. 4.

16.1. A notice of change of a director, a shareholder or an officer of the institution shall contain the following information and be accompanied by the following documents:

1°  the name, address, email address and telephone number of the director, shareholder or officer and, where applicable, the name of the person being replaced;

2°  a declaration concerning the person’s judicial record within the meaning of subparagraph 2 of the third paragraph of section 12.1 of the Act respecting private education (chapter E-9.1); and

3°  in the case of an officer, the officer’s curriculum vitae, the function or position held, the date of taking office and the institution’s updated organization chart if it has changed.

D. 17-2025, s. 4.

CHAPTER III ADVERTISING, SOLICITATION AND OFFERS OF SERVICE

17. In any advertising, solicitation or offer of service made by the institution or by a mandatary, the name of the institution and the educational services or program concerned shall be mentioned, as that information appears in the institution’s permit.

In addition, any advertising, solicitation or offer of service shall mention

1°  the address of the institution and the address of any buildings or premises at its disposal, as that information appears in the institution’s permit;

2°  the institution’s email address and website address and, if applicable, the institution’s telephone number;

3°  the code and name of the program concerned, as that information appears in the institution’s permit, if applicable;

4°  the fact that the awarding of a diploma, certificate or other attestation is subject to an examination or other requirement imposed under an Act or regulation, if applicable; and

5°  the fact that the instruction provided leads to a diploma, a certificate or other attestation awarded by the Minister or pursuant to the College Education Regulations (chapter C-29, r. 4), if applicable.

Where the advertising or solicitation provides a link to the institution’s website and the information required under the second paragraph is found on the website, the advertising or solicitation is deemed to comply with that paragraph.

O.C. 1490-93, s. 17; D. 17-2025, s. 5.

17.1. Every offer of service shall mention the following in addition to the information set out in section 17:

1°  the school year for preschool education services, elementary school instructional services and secondary school instructional services in general education, the school year or term and the duration of the program in number of weeks for educational services for secondary school general adult education, vocational education and college level education;

2°  the date of the beginning of the provision of services;

3°  for educational services in vocational training and college level education,

a)  any prerequisite course or other preliminary condition to be met; and

b)  the term of validity of the offer of services and a list of courses that includes any laboratory work and internships;

4°  for educational services for secondary school general adult education, vocational education and college level education, the learning modalities of the educational services offered, that is classroom and, if applicable, distance learning;

5°  accessory services, instructional material and equipment, including textbooks and course notes, required for the programs of activities, the teaching of programs of studies or the courses, specifying, if applicable, any services, material or equipment not provided by the institution or not included in the price referred to in paragraph 6;

6°  the total price charged by the institution and the price breakdown according to the following apportionment:

a)  admission or enrollment fees;

b)  educational services;

c)  accessory services, instructional material and equipment included;

d)  in the case of an institution accredited for purposes of subsidies, the amount of the additional financial contribution for a student who is not resident in Québec, within the meaning of government regulations, set in accordance with the budgetary rules established by the Minister of Education, Recreation and Sports or by the Minister of Higher Education, Research, Science and Technology;

7°  the text, “Except in the case of a bursary, the payment of the fees to the institution may only be made by the student, a parent or a person connected by marriage or a civil union.”; and

8°  for educational services in vocational training and college level education, the stages and dates of the routing of an application for admission up to enrollment.

D. 17-2025, s. 5.

18. No advertising, solicitation or offer of service shall

0.1°  guarantee admission to a program of studies or guarantee that a person enrolling in the program will successfully complete it;

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

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

3°  mention a program of studies or educational service not mentioned in the permit; or

4°  suggest that the admission of a foreign student to an institution will guarantee the right to enter and stay in Canada under the Immigration and Refugee Protection Act (S.C. 2001, c. 27) and the Québec Immigration Act (chapter I-0.2.1) or to receive a permit or other document required by those Acts;

5°  mention any information that the institution or its mandatary knows to be incomplete, false or misleading.

O.C. 1490-93, s. 18; D. 17-2025, s. 6.

19. In any advertising, solicitation or offer of service, the institution shall specify the language in which the programs of studies are dispensed and, if applicable, the language of each course offered in another language.

O.C. 1490-93, s. 19; D. 17-2025, s. 7.

19.1. The institution shall keep the following information concerning all advertising, solicitation and offers of service made by the institution or by a mandatary for a duration of 5 years:

1°  the text of the advertising, solicitation or offer of service whether written, audio or video recorded;

2°  if the advertising, solicitation or offer of service is an audio or video recording or contains an image, a copy of the recording or image in a format that allows it to be played or viewed;

3°  the period during which the advertising, solicitation or offer of service was published or broadcast;

4°  if the advertising, solicitation or offer of service mentions that a program is recognized for training purposes by a regulatory body of a profession or by a professional association or organization, proof to that effect;

5°  if the advertising, solicitation or offer of service mentions that a program is recognized by the government of a province, territory or country for a particular purpose, proof to that effect.

D. 17-2025, s. 8.

CHAPTER IV EDUCATIONAL SERVICE CONTRACTS AND REGISTRATION

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

1°  the complete text of section 14, if applicable;

2°  the dates of the beginning and end of the contract;

3°  the information set out in sections 17, 17.1 and 19, except paragraph 8 of section 17.1;

4°  a list and detailed price breakdown of each accessory service included;

5°  the complete text of sections 70 to 75 of the Act respecting private education (chapter E-9.1); and

6°  the text, “The institution undertakes not to assign or sell this contract.”.

Such a contract shall also contain a space directly below the text referred to in paragraph 6 of the first paragraph for the client’s signature.

O.C. 1490-93, s. 20; D. 17-2025, s. 9.

21. For educational services in vocational training and college level education, the educational service contract or registration form shall contain the following information, in addition to the information provided under section 20:

1°  a list of the courses offered;

2°  the nature of the recognition or certification of the studies; and

3°  the days of the week and the hours during which the program of studies may be dispensed.

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

O.C. 1490-93, s. 21; D. 17-2025, s. 10.

21.1. In the case of educational services belonging to the categories listed in paragraphs 1 to 5 of section 1 of the Act respecting private education (chapter E-9.1), the contract or registration form must also contain the complaint processing procedure provided for in Chapter II of the Act respecting the National Student Ombudsman (chapter P-32.01).

S.Q. 2022, c. 17, s. 97.

CHAPTER V EXCLUSIONS

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

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

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

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

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

CHAPTER VI FINAL

23. (Omitted).

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

24. (Omitted).

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

25. (Omitted).

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

SCHEDULE A

(s. 6)

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

Type of application		Information and documents to be furnished
1. The issue of a permit		1 to 10
2. The renewal of a permit		1.1, 2, 5.2, 6 to 10
3. The modification of a permit:
	a) change of name	1
	b) change address	1.1, 2, 3.2, 5.2, 6 to 10
	c) addition of a facility	1.1, 2, 3, 5, 6 to 10
	d) change in student capacity	1.1, 2, 3.2, 5.2, 6.1, 6.3, 9.3, 9.4, 9.5, 10.1
	e) addition of programs or services	1.1, 2, 3.1, 3.2, 4, 5.2, 6.1, 6.3, 7, 9.3, 9.4, 9.5, 10

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

1.1. Applicant’s name, address, email address and telephone number, as well as the resolution of the board of directors in the case of a legal person or the declaration of the highest authority of the institution certifying the information furnished and authorizing the filing of the application.

1.2. Where the applicant is a legal person,

— the letters patent and, where applicable, a certified copy, certificate of authenticity or certified true copy of the certificate of registration;

— the by-laws of the legal person;

— the list of members of the board of directors, including their name, address, email address and telephone number.

Where the applicant is not a legal person,

— a certified true copy of the original certificate of registration.

1.3. Name and address of the institution.

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

2. PURPOSE OF THE APPLICATION

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

3. BASES FOR THE APPLICATION

3.1. Elements and procedures having marked the development of the project.

3.2. Needs to which the institution proposes to respond.

4. OBJECTIVES AND ACTIVITIES OF THE INSTITUTION

A description of the general objectives of the institution and, except as regards college level education, the features of its educational project.

5. STUDENT POPULATION

5.1. Profile of the student population.

5.2. Student enrollment estimates:

— the estimated number of students in each program or educational service, distinguishing, where applicable, full-time students from part-time students, students enrolled in a program offered in French from students enrolled in a program offered in English, and residents within the meaning of the Regulation respecting the definition of resident in Québec (chapter E-9.1, r. 2) from those who are not such residents;

— the information pertaining to expected changes in student enrollment over the next 3 school years.

6. ADMINISTRATIVE ORGANIZATION

6.1. Administrative structure

— a description of the mandates, duties and responsibilities of the directors and officers;

— the organization chart containing the names of the persons who perform the duties indicated in it;

— for the applicant or permit holder and for each director, shareholder or officer of the institution, a declaration concerning the person’s judicial record within the meaning of subparagraph 2 of the third paragraph of section 12.1 of the Act respecting private education (chapter E-9.1).

6.2. Description of the functional links between the various groups of persons involved.

6.3. Human resources:

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

— the resume of the officers;

— with regard to preschool, elementary school and secondary school education, for applications for the issue of a permit and applications for the modification of a permit to add a facility and to add programs or services, a list of prospective teachers;

— with regard to college level education, for applications for the issue of a permit and applications for the modification of a permit to add a facility and to add programs or services, the curriculum vitae of the prospective teachers.

7. ORGANIZATION OF TEACHING

7.1. Admission policy.

7.2. Language of instruction.

7.3. Teaching approach.

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

7.5. School calendar and student timetable.

7.6. Specific measurement and evaluation policy.

8. STUDENT SERVICES

A description of the organizational framework, that is the activities, plan of action and personnel for each of the following services:

— auxiliary services;

— special services;

— other services.

9. MATERIAL RESOURCES

9.1. Description of each building or facility and their location.

9.2. Terms of occupancy as owner or lessee and the relevant documents.

9.3. Description of the general or specialized premises for each facility:

— for all premises used by the students, the number of student places, surface area, use and furnishings;

— for science laboratories and, as regards vocational training and college level education, for all premises used by the students, the tools, apparatus and equipment;

— a basic plan or sketch for each facility.

9.4. The student capacity of each facility and, except as regards college level education, for each educational service or category of educational services dispensed in each facility.

9.5. For vocational training and college level education, a description of the instructional material, a list of the software used by the students and the reference documents used to enable the competencies for each program of studies to be achieved.

9.6. For vocational training and college level education, if the programs of studies include internships, provide letters from employers ready to accept or intending to accept trainees, signed by a duly authorized representative, and containing the following information:

— the name, address and Québec business number;

— the name and code of the program of studies involved;

— the terms or school years involved and number of trainees anticipated for each term or school year.

10. FINANCIAL RESOURCES

10.1. Budget estimates of the institution presented by category of revenue and expenditures, along with any document demonstrating that the institution will have access to sufficient financial resources to dispense the educational services for which the application is being made.

10.2. The total price charged by the institution and the detailed price breakdown according to the apportionment set out in paragraph 6 of section 17.1.

O.C. 1490-93, Sch. A; D. 17-2025, s. 12.

SCHEDULE B

(s. 11)

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

SECURITY No ___________

WE, _______________________________________________________________________________

(name of institution)

_______________________________________________________________________________

(address)

hereinafter called “the Institution”,

AND WE, ___________________________________________________________________________

(name of the surety)

___________________________________________________________________________

(address)

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

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

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

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

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

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

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

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

_______________________________________

Institution

_______________________________________

Surety

_____________________________________________

Witness

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

REFERENCES

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

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

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

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

O.C. 488-2017, 2017 G.O. 2, 1429

S.Q. 2022, c. 17, s. 97

D. 17-2025, 2025 G.O. 2, 487