FIRST SESSION 

FORTY-FIRST LEGISLATURE

Bill 62
An Act to foster adherence to State
religious neutrality and, in particular,
to provide a framework for religious
accommodation requests in certain
bodies

Introduction

Introduced by
Madam Stéphanie Vallée
Minister of Justice

Québec Official Publisher
2015

1

 EXPLANATORY NOTES

The purpose of this bill is to establish measures to foster
adherence to State religious neutrality. For that purpose, it provides,
in particular, that personnel members of public bodies must
demonstrate religious neutrality in the exercise of their functions,
being careful to neither favour nor hinder a person because of the
person’s religious affiliation or non-affiliation. However, this duty
does not apply to personnel members who, in certain bodies, provide
spiritual care and guidance services or are in charge of providing
instruction of a religious nature.
Under the bill, personnel members of public bodies and of certain
other bodies must exercise their functions with their face uncovered,
unless they have to cover their face, in particular because of their
working conditions or because of occupational or task-related
requirements. In addition, persons receiving services from such
personnel members must have their face uncovered. An accommodation
is possible but must be refused if the refusal is warranted in the context
for security or identification reasons or because of the level of
communication required.
The bill establishes the conditions under which accommodations
on religious grounds may be granted as well as the specific elements
that must be considered when dealing with certain accommodation
requests.
It specifies that the measures it introduces must not be interpreted
as affecting the emblematic and toponymic elements of Québec’s
cultural heritage, in particular its religious cultural heritage, that
testify to its history.
Lastly, special measures with respect to educational childcare
services are introduced to ensure that, among other considerations,
children’s admission is not related to their learning a specific religious
belief, dogma or practice and that the activities organized by
subsidized childcare providers do not involve learning of a religious
or dogmatic nature.

LEGISLATION AMENDED BY THIS BILL:

–  Educational Childcare Act (chapter S-4.1.1).
2

 Bill 62
AN ACT TO FOSTER ADHERENCE TO STATE RELIGIOUS
NEUTRALITY AND, IN PARTICULAR, TO PROVIDE A
FRAMEWORK FOR RELIGIOUS ACCOMMODATION
REQUESTS IN CERTAIN BODIES
THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS:
CHAPTER I
PURPOSE
1.  Given the State’s religious neutrality, the purpose of this Act is to establish
measures to foster adherence to such neutrality. For that purpose, the Act
imposes a duty of religious neutrality, in particular, on personnel members of
public bodies in the exercise of the functions of office.
A further purpose of the Act is to establish measures that apply when services
are provided by public and certain other bodies, in particular the conditions
under which an accommodation on religious grounds may be granted.
CHAPTER II
MEASURES FOSTERING ADHERENCE TO STATE RELIGIOUS
NEUTRALITY
DIVISION I
SCOPE
2.  The measures set out in this chapter apply to the personnel members of
the following public bodies:
(1)  government departments;
(2)  budget-funded bodies, bodies other than budget-funded bodies and
government enterprises listed in Schedules 1 to 3 to the Financial Administration
Act (chapter A-6.001), and the Caisse de dépôt et placement du Québec;
(3)  bodies whose personnel is appointed in accordance with the Public
Service Act (chapter F-3.1.1);

3

 (4)  government agencies listed in Schedule C to the Act respecting the
process of negotiation of the collective agreements in the public and parapublic
sectors (chapter R-8.2);
(5)  school boards established under the Education Act (chapter I-13.3), the
Comité de gestion de la taxe scolaire de l’île de Montréal, general and vocational
colleges established under the General and Vocational Colleges Act
(chapter C-29), and university-level educational institutions listed in paragraphs 1
to 11 of section 1 of the Act respecting educational institutions at the university
level (chapter E-14.1);
(6)  public institutions governed by the Act respecting health services and
social services (chapter S-4.2), except public institutions referred to in Parts IV.1
and IV.3 of that Act, joint procurement groups referred to in section 383 of that
Act, and health communication centres referred to in the Act respecting
pre-hospital emergency services (chapter S-6.2); and
(7)  bodies to which the National Assembly or any of its committees appoints
the majority of the members.
All directors or members of a body referred to in the first paragraph, except
elected persons, who receive remuneration, other than a reimbursement of
expenses, from such a body are also considered personnel members of the
body.
3.  For the purposes of this chapter, the following are also personnel members
of a public body:
(1)  National Assembly personnel members and Lieutenant-Governor staff
members;
(2)  persons appointed or designated by the National Assembly to an office
under its authority and the personnel directed by them;
(3)  persons whose personnel is appointed in accordance with the Public
Service Act and the personnel directed by them;
(4)  commissioners appointed by the Government under the Act respecting
public inquiry commissions (chapter C-37) and the personnel directed by them;
(5)  any other person appointed by the Government or by a minister to
exercise an adjudicative function within the administrative branch, including
arbitrators whose names appear on a list drawn up by the Minister of Labour
in accordance with the Labour Code (chapter C-27);
(6)  peace officers; and

4

 (7)  physicians, dentists and midwives who practise in a centre operated by
a public institution referred to in subparagraph 6 of the first paragraph of
section 2.
DIVISION II
DUTY OF PERSONNEL MEMBERS OF PUBLIC BODIES
4.  In the exercise of their functions, personnel members of public bodies
must demonstrate religious neutrality.
They must be careful to neither favour nor hinder a person because of the
person’s religious affiliation or non-affiliation.
5.  The duty of religious neutrality does not apply to personnel members who
provide spiritual care and guidance services in a university‑level educational
institution or general and vocational college referred to in subparagraph 5 of
the first paragraph of section 2, in a centre operated by a public institution
referred to in subparagraph 6 of that paragraph or in a correctional facility
governed by the Act respecting the Québec correctional system (chapter S‑40.1).
Nor does that duty apply to personnel members in charge of providing
instruction of a religious nature in a university‑level educational institution.
6.  The duty of religious neutrality does not prevent health professionals
from refraining from recommending or providing professional services because
of their personal convictions, as permitted by law.
DIVISION III
CONTRACTUAL MEASURES
7.  A public body referred to in the first paragraph of section 2 may require
any person or partnership with whom it has entered into a service contract or
subsidy agreement to fulfill the duty set out in Division II if the contract or
agreement relates to the provision of services that are inherent in the body’s
mission or that are performed in its personnel’s place of work. The same applies
to any person in authority referred to in any of paragraphs 2 to 4 of section 3.

5

 CHAPTER III
MEASURES WITHIN VARIOUS BODIES
DIVISION I
SCOPE
8.  The measures set out in this chapter apply to the personnel members of
a body who are referred to in Chapter II and to the personnel members of the
following bodies:
(1)  childcare centres, home childcare coordinating offices and subsidized
day care centres governed by the Educational Childcare Act (chapter S-4.1.1);
(2)  institutions accredited for the purposes of subsidies under the Act
respecting private education (chapter E-9.1) and institutions whose instructional
program is the subject of an international agreement within the meaning of the
Act respecting the Ministère des Relations internationales (chapter M-25.1.1);
and
(3)  private institutions under agreement, intermediary resources and
family-type resources governed by the Act respecting health services and social
services.
For the purposes of this chapter, recognized subsidized home childcare
providers governed by the Educational Childcare Act and persons directed by
them are also considered personnel members of a body. The same applies to
persons not otherwise subject to this chapter, while they are exercising functions
provided for by law for which they were appointed or designated by the
Government or a minister.
DIVISION II
SERVICES WITH FACE UNCOVERED
9.  Personnel members of bodies must exercise their functions with their face
uncovered, unless they have to cover their face, in particular because of their
working conditions or because of occupational or task-related requirements.
Similarly, persons receiving services from such personnel members must
have their face uncovered.
An accommodation that involves an adaptation of either of those rules is
possible but must be refused if the refusal is warranted in the context for security
or identification reasons or because of the level of communication required.

6

 DIVISION III
RELIGIOUS ACCOMMODATIONS
10.  A personnel member of a body who deals with a request for an
accommodation on religious grounds must make sure that
(1)  the accommodation request results from the application of section 10
of the Charter of human rights and freedoms (chapter C-12);
(2)  the accommodation requested is consistent with the right for equality
between women and men; and
(3)  the accommodation requested does not compromise the principle of
State religious neutrality.
The accommodation must be reasonable in that it must not impose undue
hardship with regard to, among other considerations, the rights of others, public
health and safety, the effects on the proper operation of the body, and the costs
involved.
An accommodation may be granted only if the person making the request
has cooperated in seeking a solution that meets the criterion of reasonableness.
11.  When a request for an accommodation on religious grounds by a
personnel member involves an absence from work, more specific consideration
must be given to the following factors:
(1)  the frequency and duration of absences on such grounds;
(2)  the size of the administrative unit to which the person making the request
belongs, the ability of the unit to adapt, and the interchangeability of the body’s
workforce;
(3)  the consequences of the absence on the work of the person making the
request, on the work of other personnel members and on the organization of
services;
(4)  the possible arrangements by the person making the request, including
modifying their work schedule, accumulating or using their bank of hours or
vacation days, or their undertaking to make up the hours missed; and
(5)  fairness with regard to the employment conditions of other personnel
members, including the number of days of paid leave and work schedules.
12.  If a request for an accommodation on religious grounds concerns a
student attending an educational institution established by a school board, the
school board must take into account the objectives set out in the Education Act
to ensure that the request does not compromise

7

 (1)  compulsory school attendance;
(2) the basic school regulations established by the Government;
(3)  the school’s educational project;
(4)  the mission of schools, which is to impart knowledge to students, foster
their social development and give them qualifications, in keeping with the
principle of equal opportunity, while enabling them to undertake and achieve
success in a course of study; and
(5)  the ability of the institution to provide students with the educational
services provided for by law.
CHAPTER IV
INTERPRETATIVE AND MISCELLANEOUS PROVISIONS
13.  The measures introduced in this Act must not be interpreted as affecting
the emblematic and toponymic elements of Québec’s cultural heritage, in
particular its religious cultural heritage, that testify to its history.
14.  It is incumbent on the person exercising the highest administrative
authority over the personnel members referred to in Chapters II and III to take
the necessary measures to ensure compliance with the measures set out in those
chapters.
15.  The Minister of Justice is responsible for the administration of this Act.
CHAPTER V
AMENDING PROVISIONS
EDUCATIONAL CHILDCARE ACT
16.  The Educational Childcare Act (chapter S-4.1.1) is amended by inserting
the following section after section 90:
“90.1.  In order to foster social cohesion and facilitate the integration of
children without regard to social or ethnic origin or religious affiliation,
subsidized childcare providers must ensure that
(1)  children’s admission is not related to their learning a specific religious
belief, dogma or practice;
(2)  the objective of educational activities and communication is not teach
such a belief, dogma or practice; and

8

 (3)  a repeated activity or practice stemming from a religious precept is not
authorized if its aim, through words or actions, is to teach children that specific
religious belief, dogma or practice.
However, the purpose of the first paragraph is not to prevent
(1)  a special cultural event linked to a celebration with a religious connotation
or a celebration originating from a religious tradition;
(2)  a diet based on a religious precept or a tradition;
(3)  the establishment of a program of activities to reflect the diversity of
cultural and religious realities; and
(4)  participation in an activity whose theme is inspired by a custom.
The Minister may, by a directive to subsidized childcare providers and home
childcare coordinating offices, prescribe special terms to govern the application
and implementation of this section.”
17.  Section 97 of this Act is amended by adding the following subparagraph
at the end of the first paragraph:
“(9)  refuses or neglects to comply with section 90.1 or a directive given by
the Minister under that section.”
Chapter VI
Final provision
18.  The provisions of this Act come into force on the date or dates to be set
by the Government.

9