SECOND SESSION

THIRTY-NINTH LEGISLATURE

Bill 78
(2012, chapter 12)

An Act to enable students to receive
instruction from the postsecondary
institutions they attend

Introduced 18 May 2012
Passed in principle 18 May 2012
Passed 18 May 2012
Assented to 18 May 2012

Québec Official Publisher
2012

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EXPLANATORY NOTES

The purpose of this Act is to enable students to receive instruction
from the postsecondary institutions they attend.
The Act suspends academic terms in progress as regards all
classes interrupted and still interrupted on its coming into force. It
provides for when and how classes are to resume and includes
measures to ensure the validity of the 2012 winter and fall terms and
the 2013 winter term. Other provisions in the Act are aimed at
ensuring the continuity of instructional services as regards all other
classes.
The Act contains further provisions to maintain peace, order and
public security as well as various administrative, civil and penal
measures to ensure enforcement of the law.

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Bill 78
AN ACT TO ENABLE STUDENTS TO RECEIVE INSTRUCTION
FROM THE POSTSECONDARY INSTITUTIONS THEY ATTEND
THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS:
DIVISION I
INTERPRETATION
1.

In this Act, unless the context indicates otherwise,

“college” means a college governed by the General and Vocational Colleges
Act (R.S.Q., chapter C-29) and its constituent parts within the meaning of
subparagraph 6 of the first paragraph of section 2 of the Act respecting the
accreditation and financing of students’ associations (R.S.Q., chapter A-3.01);
“employee” means an employee within the meaning of the Labour Code
(R.S.Q., chapter C-27) who, on 18 May 2012, is a member of the personnel of
an institution;
“federation of associations” means a body bringing together various student
associations such as the Association pour une solidarité syndicale étudiante
(ASSÉ), the Fédération étudiante collégiale du Québec (F.E.C.Q.), the
Fédération étudiante universitaire du Québec (FEUQ) and the Table de
concertation étudiante du Québec as well as any coalition to which any of those
student associations belong, including the CLASSE (Coalition large de
l’ASSÉ);
“institution” means a college or university or any other college- or universitylevel institution determined by government regulation for the purposes of
subparagraph 7 of the first paragraph of section 2 of the Act respecting the
accreditation and financing of students’ associations;
“instructional services” means instructional services delivered to a student,
including research services;
“student association” means a postsecondary students’ association or
students’ association alliance within the meaning of section 3 of the Act
respecting the accreditation and financing of students’ associations;
“university” means a university-level educational institution referred to in
section 1 of the Act respecting educational institutions at the university level

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(R.S.Q., chapter E-14.1) and its constituent parts within the meaning of
subparagraph 6 of the first paragraph of section 2 of the Act respecting the
accreditation and financing of students’ associations.
DIVISION II
CONTINUITY OF INSTRUCTIONAL SERVICES
2. The 2012 winter term and, in universities, the 2012 summer term, are
suspended in institutions as regards all classes interrupted during such a term
and still interrupted on 18 May 2012.
Classes at all colleges must resume not later than 7:00 a.m. on 17 August 2012,
except at CÉGEP de Maisonneuve, where classes must resume not later than
7:00 a.m. on 22 August 2012, and at CÉGEP d’Ahuntsic, where classes must
resume not later than 7:00 a.m. on 30 August 2012. As for all other institutions,
the suspension under the first paragraph is effective until the resumption date
set by each institution, unless it has cancelled the interrupted classes.
Nothing in this section prevents a college, the student association of a college
and the associations representing the employees of such a college from agreeing,
by 1 August 2012 and with the approval of the Minister of Education, Recreation
and Sports, on a different resumption date than those provided for in the second
paragraph.
Nothing in this section prevents an institution from organizing a 2012 summer
term.
3. Every institution and its officers and representatives must employ
appropriate means to ensure that instructional services are delivered or continue
to be delivered to all students having a right to such services. The obligation
imposed by this section applies
(1) as of the applicable resumption date, in the case of the classes referred
to in the first paragraph of section 2; and
(2) as of 7:00 a.m. on 19 May 2012, in any other case.
4. Not later than 1 June 2012, a college must, as regards classes referred to
in the first paragraph of section 2, submit a plan for the resumption of
instructional services aimed at ensuring the validity of the 2012 winter and fall
terms and, if applicable, that of the 2013 winter term, to the Minister of
Education, Recreation and Sports for approval.
The director general of a college may take any measure to ensure that the
obligation imposed by the first paragraph is complied with within the time limit
specified, including drawing up the services resumption plan himself or herself
in the place of any authority competent in that regard.

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5. A college must ask the students who are enrolled for the classes referred
to in the first paragraph of section 2 to confirm, on the date specified by the
college and not later than 15 June 2012, whether or not they will continue
taking them.
6. Despite the definition of “course” in section 1 of the College Education
Regulations (R.R.Q., chapter C-29, r. 4) and section 18 of those regulations, a
college may take special measures to ensure the validity of the 2012 winter
and fall terms. A college may, for that purpose, take such special measures as
(1) ending the period in the 2012 winter term that is allotted to teaching
and evaluation on or before 30 September 2012; and
(2) organizing a term having less than 82 days allotted to teaching and
evaluation but comprising at least the equivalent of 12 weeks of learning, insofar
as the course objectives are otherwise met and the number of course credits
allocated are the same.
For the purposes of this section, a college may, among other things, ask its
teachers to specify any special educational measures required to enable students
to attain the course objectives.
7. Despite any provision to the contrary, a university must take any general
measure within its jurisdiction to avoid penalizing, as regards their admission
to university for the 2012 fall or 2013 winter term, students who attended an
institution whose 2012 winter term was interrupted or suspended.
8. Nothing in the framework established by this division operates to restrict
an institution’s capacity to arrange the services required, without prejudice to
the quality of instruction, so as to take into account the particular circumstances
resulting from the interruption of the 2012 winter or summer term.
9. The Government, on the recommendation of the Minister of Education,
Recreation and Sports, may take all necessary measures to carry out sections 2
and 4 to 8, including specifying certain legislative and regulatory provisions
as not applicable and prescribing any other necessary modification to this Act
and to any other Act and its regulatory instruments.
The Minister may, for those purposes, issue directives to institutions, which
directives the institutions must comply with. Furthermore, any agreement
entered into by institutions and associations of employees to comply with such
directives must be approved by the Minister.
Divisions III and IV of the Regulations Act (R.S.Q., chapter R-18.1), except
its sections 15 and 20, do not apply to any measure taken by the Government
under this section.

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10. All employees must, as of 7:00 a.m. on 19 May 2012, report for work
according to their normal work schedule and other applicable conditions of
employment.
The first paragraph does not apply to an employee who has resigned and
whose resignation has been accepted by the institution, or to an employee who
has been dismissed or suspended or has retired.
11. All employees must, as of 7:00 a.m. on 19 May 2012, perform all duties
attached to their respective functions, according to the applicable conditions
of employment, without any stoppage, slowdown, reduction or degradation of
their normal activities.
12. Sections 10 and 11 do not prevent an association of employees from
declaring a strike in accordance with the Labour Code.
An association of employees, its senior officers, its representatives, including
its spokespersons, and its members are prohibited, however, from participating
in concerted action if the concerted action involves a contravention by
employees of section 10 or section 11.
13. No one may, by an act or omission, deny students their right to receive
instruction from the institution they attend or prevent or impede the resumption
or maintenance of an institution’s instructional services or the performance by
employees of work related to such services, or directly or indirectly contribute
to slowing down, degrading or delaying the resumption or maintenance of such
services or the performance of such work.
14. No one may, by an act or omission, deny a person access to a place if
the person has the right or a duty to be there in order to obtain services from
or perform functions for an institution.
Without restricting the generality of the first paragraph, any form of gathering
that could result in denying such access is prohibited inside any building where
instructional services are delivered by an institution, on the grounds of such a
building or within 50 metres from the outer limits of such grounds.
15. An association of employees must employ appropriate means to induce
its members to comply with sections 10 and 11 and not to contravene sections 13
and 14.
A student association must employ appropriate means to induce the students
it represents not to contravene sections 13 and 14. The same holds for a
federation of associations with respect to its member student associations and
the students represented by them.

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DIVISION III
PROVISIONS TO MAINTAIN PEACE, ORDER AND PUBLIC
SECURITY
16. A person, a body or a group that is the organizer of a demonstration
involving 50 people or more to take place in a venue accessible to the public
must, not less than eight hours before the beginning of the demonstration,
provide the following information in writing to the police force serving the
territory where the demonstration is to take place:
(1) the date, time, duration and venue of the demonstration as well as its
route, if applicable; and
(2) the means of transportation to be used for those purposes.
When it considers that the planned venue or route poses serious risks for
public security, the police force serving the territory where the demonstration
is to take place may, before the demonstration, require a change of venue or
route so as to maintain peace, order and public security. The organizer must
then submit the new venue or route to the police force within the agreed time
limit and inform the participants.
17. A person, a body or a group that is the organizer of a demonstration and
a student association or a federation of associations taking part in the
demonstration without being its organizer must employ appropriate means to
ensure that the demonstration takes place in compliance with the information
provided under subparagraph 1 of the first paragraph of section 16 and, if
applicable, under the second paragraph of section 16.
DIVISION IV
ADMINISTRATIVE AND CIVIL MEASURES
§1. — Assessments, premises and furniture
18. On noting that it is unable to deliver instructional services to all or some
of the students having a right to such services, an institution must, without
delay, report the situation to the Minister of Education, Recreation and Sports,
including the circumstances that caused the situation, the groups of students
affected and, for each of those groups, the student association to which it
belongs as well as any other information that may be useful for the purposes
of this Act.
If the Minister notes that the institution is unable to deliver instructional
services as a result of a failure by a student association to comply with an
obligation imposed by this Act, the Minister may, despite any provision to the
contrary, order the institution to cease collecting the assessment established
by the student association or any successor student association and to cease

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providing premises, furniture, notice boards and display stands to the student
association or any successor student association free of charge.
The cessation is effective for a period equal to one term per day or part of
a day during which the institution was unable to deliver instructional services
as a result of the failure to comply.
19. Despite any provision to the contrary, students represented by a student
association referred to in the second paragraph of section 18 are not required
to pay any assessment, contribution or other similar amount to the student
association, any successor student association or a third party for the benefit
of either for the duration of the cessation ordered under section 18.
20. If the Minister of Education, Recreation and Sports notes that a
federation of associations has failed to comply with an obligation imposed by
this Act and that the failure to comply has resulted in hindering the delivery
of instructional services to students having a right to such services, the Minister
may, despite any provision to the contrary, order all student associations to
cease paying any assessment, contribution or other similar amount to the
federation of associations, any successor federation of associations or a third
party for the benefit of either.
The cessation is effective for a period equal to one term per day or part of
a day during which the delivery of instructional services was not possible as a
result of the failure to comply.
21. Despite any provision to the contrary, a student association that belongs
to a federation of associations referred to in the second paragraph of section 20
is not required to pay any assessment, contribution or other similar amount to
the federation of associations, any successor federation of associations or a
third party for the benefit of either for the duration of the cessation ordered
under section 20.
§2. — Civil liability
22. A student association of an institution or a federation of associations to
which such a student association belongs that helps or induces one or more of
its members to contravene section 13 or 14 is solidarily liable for any damage
caused to a third person by its members who contravene either of those sections
with respect to the institution.
The same holds for an association of employees in the case of a contravention
of section 13 or 14 by employees it represents.
23. An association of employees is solidarily liable for any damage caused
to a third person through the fault of an employee it represents as a result of a
contravention of section 10 or 11, unless it proves that the damage is not
attributable to the contravention or that the contravention is not part of any
concerted action.

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24. For the purposes of section 22, damage includes any additional cost
assumed or loss of earnings or revenue incurred by anyone, including a student,
an institution or the State.
25. Despite article 1003 of the Code of Civil Procedure (R.S.Q., chapter C-25),
if a person who suffered damage as a result of anything done in contravention
of section 10, 11, 13 or 14 brings a class action under Book IX of the Code by
way of a motion in accordance with the second paragraph of article 1002 of
the Code, the court authorizes the bringing of the class action if it is of the
opinion that the person to whom the court intends to ascribe the status of
representative is in a position to adequately represent the members of the group
described in the motion.
DIVISION V
PENAL PROVISIONS
26. Anyone who contravenes section 3, the first paragraph of section 10,
section 11, the second paragraph of section 12 or section 13, 14, 15, 16 or 17
is guilty of an offence and is liable, for each day or part of a day during which
the contravention continues, to a fine of $1,000 to $5,000.
However, the fine is
(1) $7,000 to $35,000 if the offence is committed by a senior officer, an
employee or a representative, including a spokesperson, of a student association,
a federation of associations or an association of employees, by a senior officer
or a representative of an institution, or by a natural person who is the organizer
of a demonstration; and
(2) $25,000 to $125,000 if the offence is committed by a student association,
a federation of associations, an association of employees or an institution, or
by a legal person, a body or a group that is the organizer of a demonstration.
The fines prescribed by this section are doubled for a second or subsequent
offence.
27. An institution that contravenes the first paragraph of section 18 or fails
to comply with an order made under that section is guilty of an offence and is
liable to the fine prescribed by subparagraph 2 of the second paragraph of
section 26.
28. A student association that fails to comply with an order made under
section 20 is guilty of an offence and is liable to the fine prescribed by
subparagraph 2 of the second paragraph of section 26.
29. An institution that fails to comply with a request made under section 34
is guilty of an offence and is liable to the fine prescribed by subparagraph 2 of
the second paragraph of section 26.

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30. Anyone who helps or induces a person to commit an offence under this
Act is guilty of the same offence and is liable to the fine prescribed by the first
paragraph of section 26 or by subparagraph 1 or 2 of the second paragraph of
that section if either subparagraph applies.
31. The amounts of fines set out in this Act apply in all cases and despite
article 233 of the Code of Penal Procedure (R.S.Q., chapter C-25.1).
DIVISION VI
FINAL PROVISIONS
32. Judicial proceedings, including applications for an injunction, instituted
before 18 May 2012 seeking an order for the delivery of instructional services
to students having a right to such services may not be continued as of that date.
Moreover, any judgment rendered or order issued for that purpose on the basis
of such proceedings ceases to have effect on that date.
This section does not prevent the institution or continuance of proceedings
for contempt of court after 18 May 2012 in relation to contraventions of a
judgment rendered or an order issued before that date.
33. An institution, the student association of the institution and the
associations representing the employees of the institution may enter into an
agreement so that students who, following a judgment or an order, including
an injunction, received, before 18 May 2012, instructional services to which
they had a right and are still receiving them on that date may continue receiving
them.
34. An institution must provide any information the Minister of Education,
Recreation and Sports requests for the purposes of this Act within the time
limit the Minister specifies.
35. The Minister of Education, Recreation and Sports is responsible for the
administration of this Act, except Division III, the administration of which is
under the responsibility of the Minister of Public Security.
36. The provisions of this Act cease to have effect on 1 July 2013 or on any
earlier date or dates set by the Government.
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This Act comes into force on 18 May 2012.

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