Eligibility
Who is eligible to attend English school?
Under the Charter of the French language, children in the following three situations are eligible:
- children who are residing in Québec permanently and who qualify for a certificate of eligibility for instruction in English
- children who are residing in Québec permanently and who are entitled to receive instruction in English under a special authorization
- children who are living in Québec temporarily and who qualify for a temporary authorization to receive instruction in English
Who may obtain a certificate of eligibility?
In general, a child may obtain a certificate of eligibility if:
- they have received the major part of their elementary or secondary school education in English in Canada
- their brother or sister received the major part of their elementary or secondary education in English in Canada
- their father or mother received the major part of their elementary school education in English in Canada
- their father or mother attended school in Québec after August 26, 1977, and could have been declared eligible for instruction in English at that time
In the first two cases, the father or mother of the child must be a Canadian citizen. In the third case, the father or mother who received the major part of their elementary school education in English must be a Canadian citizen. The fourth case is divided into several categories based on the time when the parent attended school and could have been declared eligible to receive instruction in English. Each case requires specific documents that may vary from one case to the next.
The declaration of eligibility to receive instruction in English under section 73, 76 or 86.1 is permanent, that is, it is not limited by time.
In addition, a child declared eligible to receive instruction in English under any of these sections may, even if they receive all of their instruction in French, transmit this right to their children.
Lastly, when a child is declared eligible to receive instruction in English, their brothers and sisters may also be declared eligible.
Who may receive instruction in English under special authorization?
- Children with serious learning disabilities as defined in the government regulation under section 81 of the Charter. Instruction in English is then a necessary measure to support their learning.
- Children whom the Ministère admitted to receive instruction in English because of a serious family or humanitarian situation, following a recommendation to this effect by the examining committee, and after an assessment by a designated person that the child’s situation is not covered under any provision of the Charter.
Who may receive temporary authorization?
Children may receive temporary authorization to receive their instruction in English fall into three categories:
- First, the dependent children of persons living in Québec temporarily to study or work, including:
- the children or the dependent children of foreign nationals who hold a work or study permit issued in accordance with the Canadian Immigration and Refugee Protection Act (section 84.1 of the Charter of the French language)
- the children or the dependent children of foreign nationals who hold a Québec Acceptance Certificate or who are exempted from holding such certificate or authorization under a statute applicable in Québec
- the dependent children of Canadian citizens or permanent residents domiciled in another Canadian province or territory who are temporarily living in Québec to study or work
- Dependent children of persons who are not Canadian citizens and who are posted in Québec temporarily as representatives or officers of a country other than Canada or of an international organization
- Dependent children of members of the Canadian Armed Forces who are posted in Québec temporarily
In all cases, the temporary authorization to receive instruction in English granted to the children is valid for a maximum of three years. However, the authorization is extended until June 30 of the school year during which the period of validity ends if that period ends before that date.
For children or the dependent children of foreign nationals who hold a work or study permit issued in accordance with the Canadian Immigration and Refugee Protection Act, the authorization to receive instruction in English granted under section 84.1 of the Charter of the French language is not renewable.
The authorization to receive instruction in English granted under section 85 of the Charter of the French language can be renewed, provided that the conditions that applied to the original application are still met.
However, temporary authorization cannot be granted to the children of foreign nationals who are claiming refugee status for themselves or their children, or of foreign nationals who choose to settle in Québec on a permanent basis and obtain a Certificat de sélection du Québec. If an authorization has already been granted, it expires on June 30 of the school year in which the selection certificate is issued.