The provincial government has introduced a new law to control access to the public English-language school system for people whose parents or older siblings were not educated in English in Canada.

Bill 103 is designed to replace 2002's Bill 104, which was struck down last year by the Supreme Court of Canada.

The law does not apply to children who already have Certificates of Eligibility to attend school in the English system.

Lengthy list of criteria

Under the proposed legislation, children who attend an unsubsidized English-language school in Quebec for three years may be allowed to enter the English public school system.

But that alone will not be enough.

In a system similar to that used by would-be immigrants, children applying would have to accumulate enough 'points' in an individual 'educational path' analysis.

"Being there three years is not sufficient to qualify you or your child to have that certificate," said Education Minister Michelle Courchesne. Those criteria, detailed in a nine-page list, include type of school attended, mother tongue, and more.

Even the minister agrees the process is complicated.

"You're not buying a right because we have to, we need to analyze all the criteria that you have in front of you to qualify you," said Courchesne.

Not the 'oxygen' school boards were asking for

English school boards were hoping the government decision would send them more students.

They are sorely disappointed.

"The government has to sit down and talk to the anglophone community," said Marcus Tabachnick of the Lester B. Pearson school board. "Treat us with the respect we deserve as part of Quebec society, and find a way to help us ensure the long term viability of our system."

Courchesne said that will not happen.

"We will as a government always support them and never jeopardize their future and they know that," said Courchesne. "Their future is not jeopardized right now."

The opposition claims the only thing that is clear from the decision is that it will be contested.

"In no way you can avoid contestation because you are going to apply some criteria based on subjective judgment," said PQ language critic Pierre Curzi.

Session suspended Wednesday morning

Procedural matters temporarily stopped the proposed law in its tracks.

On Wednesday morning Christine St-Pierre, Minister of Culture, Communications and the Status of Women, rose to introduce the government's proposal to replace bill 104.

After she read the preamble to the bill, the Speaker, as is customary, asked if the House was willing to consider that bill.

Opposition House leaders refused, saying the proposed legislation flies in the face of an Order of the Assembly passed unanimously two weeks ago stating that Quebecers could not buy the right to attend English schools.

As a result the Speaker suspended the session for 90 minutes while he pondered the question.

Shortly after 12 p.m., the session resumed, and the Speaker ruled that the government could present its bill, then the House could vote as to whether it would be accepted for debate.

After the legislation was officially tabled, the Assembly voted 65 to 45 in favour of letting the legislation move forward.

Linguistic law background

The French Language Charter restricts English education to those with a family history of being educated in English in Canada.

However the original law did not apply to unsubsidized private English schools, so every year a handful of parents sent their children to these so-called 'bridging schools,' then transferred their children to the public school system.

In 2002 the Parti Quebecois government amended the charter with Bill 104, which closed that loophole.

Several people challenged the law, and in October 2009 the Supreme Court of Canada struck it down, giving the provincial government one year to come up with an alternative solution.

Bill 103, introduced Wednesday, continues to allow the provisions that permit people to acquire the right to attend English public school, but forces children to attend private school for three years, instead of one.

Speaking before the bill was tabled, Premier Jean Charest said the law should comply with what the Court was demanding.

"The Supreme Court of Canada in its ruling asks the Government of Quebec to better define what they call a 'parcours authentique' for a child and that is what we are going to do," said Premier Jean Charest.