Bill 105, Act to amend the Education Act | Protecteur du Citoyen
September 21, 2016

Bill 105, Act to amend the Education Act


In a letter to the Committee on Culture and Education, the Québec Ombudsman comments on two specific aspects of the Bill—access to education for children with a precarious immigration status, and home schooling. These issues were addressed in investigation reports by the Québec Ombudsman that gave rise to recommendations.

Access to education for children with a precarious immigration status

The Québec Ombudsman feels that in order to ensure that all children 6 to 16 years old who are living in Québec have access to free public education, regardless of their or their parents’ immigration status, Bill 105 must be amended to include amendments to the Education Act and to the Regulation respecting the definition of resident in Québec.

Pointing out that Bill 105 ignores this, unlike Bill 86, which was introduced in 2015 and proposed amendments likely to solve this situation proscribed by international conventions, the Ombudsperson notes that:

Two school years have come and gone since the Québec Ombudsman’s report was tabled. Yet again, many children of immigrants, still not considered residents, were unable to start school. These children are being denied their basic right to education. This situation is unacceptable.

Home schooling

The Québec Ombudsman is satisfied with the amendment to specify that homeschooled children or their parents may avail themselves of the complaint examination procedure established by their school board and approach the Student Ombudsman if they are dissatisfied with school board services. However, it recommended that this recourse also apply in cases where a school board refuses or fails to provide services.

Also see the: