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The law and our responsibility

Summary

We enforce the Election Act and its regulations for provincial elections as well as the Referendum Act for provincial referendums. During municipal and school elections, we are responsible for the financing and auditing of election expenses, as well as for criminal offences under the Act respecting elections and referendums in municipalities and the Act respecting school elections to elect certain members of the boards of directors of English-language school service centres.

In this section

Our responsibilities

Provincial elections

We are responsible for the enforcement of the Election Act for provincial elections, and the Referendum Act for provincial referendums.

Municipal and school board elections

We are responsible for the financing and auditing of election expenses, as well as for the criminal offences under the Act respecting elections and referendums in municipalities and the Act respecting school elections to elect certain members of the boards of directors of English-language school service centres.

As far as English school boards are concerned, the Act must be read without the amendments made by the Act to amend mainly the Education Act with regard to school organization and governance (2020, chapter 1, Bill 40), which were incorporated into it, and with those made by the other bills adopted since Bill 40.

The administration of municipal referendums and elections as well as school elections is the responsibility of municipalities and school boards.

Provincial

Election Act (CQLR, c. E-3.3)

Referendum Act (CQLR, c. C-64.1)

Municipal

An Act respecting elections and referendums in municipalities (CQLR, c. E-2.2)

School board

An Act respecting school elections to elect certain members of the boards of directors of English-language school service centres (CQLR, c. E-2.3)

Note: When interpreting or applying the Act, the document with official status is the one published by the Québec Official Publisher on LégisQuébec. However, as far as English school boards are concerned, the Act must be read without the amendments made by the Act to amend mainly the Education Act with regard to school organization and governance (2020, chapter 1, Bill 40), which were incorporated into it, and with those made by the other bills adopted since Bill 40.

Although the title of the Act respecting school elections was amended by section 190 of Bill 40, the coming-into-force provision of Bill 40 was modified so that the amendments made by this Act regarding English school boards come into force on a date or dates set by the Government. This amendment stems from the Regulation respecting the application of provisions of the Act to amend mainly the Education Act with regard to school organization and governance to English-language school service centres, D. 1077-2021 (2021) 153 G.O.Q. II, 5055, which took retroactive effect on February 8, 2020.

This working document therefore incorporates the provisions of the Act respecting school elections in force before the enactment of the Bill 40. These provisions have also been adapted to take into account the process for designating members of the boards of directors of French-language school service centres, a process that remains governed by the Education Act as amended by Bill 40. It also incorporates the modifications brought by the other bills adopted since PL 40.

The content of this working document is not official. It represents a tool placed at your disposal to support you in your work and in preparing for the school elections on November 3, 2024.

The Charter of the French language and its regulations govern the consultation of English-language content.

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