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1998/99 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE PAUL RAMSEY

MINISTER OF EDUCATION

BILL 87 – 1999

EDUCATION STATUTES AMENDMENT ACT (No. 2), 1999

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

College and Institute Act

Section 19 of the College and Institute Act, R.S.B.C. 1996, c. 52, is amended

(

a) by repealing subsection (5) (

d) and substituting the following:

(

d) at the request of the minister, prepare and submit budgets,

financial statements, reports and other information that the minister considers necessary

to carry out the minister's responsibilities in relation to institutions; , and

(

b) by adding the following subsections:

(5.1) Information requested under subsection (5) (

d) may include

personal information about a student.

(5.2) Personal information obtained under subsection (5) (

d) or

under

section 170.2 of the School Act may not be used to make a decision respecting

an individual student.

(5.3) For the purposes of subsections (5.1) and (5.2), "student"

has the same meaning as in

section 41.1.

Part 4 is amended by adding the following section:

Personal education numbers and information

41.1

(1) In this section:

"personal education number" means a unique identification

number for a student obtained under

section 170.2 of the School Act ;

"student" includes a person applying to be

enrolled in a course or program of studies at an institution.

(2) The board may require a student to provide the institution

with

(

a) the personal information that relates directly to and is

necessary for an operating program or activity of the institution, and

(

b) the personal information necessary to obtain a personal

education number for the student.

(3) The board must submit the personal information collected under

subsection (2) (

b) to the minister responsible for the administration of the School Act

to obtain a personal education number for the student.

(4) The board may use the personal education number obtained under

subsection (3) for the following purposes:

(

a) carrying out its responsibilities in respect of an operating

program or activity of the institution;

(

b) research and statistical analysis of personal information in

the possession of the board;

(

c) facilitating the provision of personal information under

section 19 (5) (d).

(5) The minister must provide to the minister responsible for the

administration of the School Act the personal information about a student that is

in the possession of the minister if the minister responsible for the administration of

the School Act requests that information and provides the minister with a valid

personal education number for that student.

Institute of Technology Act

Section 1 of the Institute of Technology Act, R.S.B.C. 1996, c. 225, is

amended by repealing the definition of "minister" .

Section 14 is amended by adding the following subsections:

(6) At the request of the minister, the institute must provide the

minister with reports and any other information that the minister considers necessary to

carry out the minister's responsibilities in relation to the institute.

(7) Information requested under subsection (6) may include

personal information about a student.

(8) Personal information obtained under subsection (6) or under

section 170.2 of the School Act may not be used to make a decision respecting an

individual student.

(9) For the purposes of subsections (7) and (8), "student"

has the same meaning as in

section 14.1.

5 The following

section is added:

Personal education numbers and information

14.1

(1) In this section:

"personal education number" means a unique identification

number for a student obtained under

section 170.2 of the School Act ;

"student" includes a person applying to be

enrolled in a course or program of studies at the institute.

(2) The board may require a student to provide the institute with

(

a) the personal information that relates directly to and is

necessary for an operating program or activity of the institute, and

(

b) the personal information necessary to obtain a personal

education number for the student.

(3) The board must submit the personal information collected under

subsection (2) (

b) to the minister responsible for the administration of the School Act

to obtain a personal education number for the student.

(4) The board may use the personal education number obtained under

subsection (3) for the following purposes:

(

a) carrying out its responsibilities in respect of an operating

program or activity of the institute;

(

b) research and statistical analysis of personal information in

the possession of the board;

(

c) facilitating the provision of personal information under

section 14 (6).

(5) The minister must provide to the minister responsible for the

administration of the School Act the personal information about a student that is

in the possession of the minister if the minister responsible for the administration of

the School Act requests that information and provides the minister with a valid

personal education number for that student.

Section 18 (5) is repealed and the following substituted:

(5) If joint approval on a matter described in subsection (1) is

not attained within 60 days of the board or education council requesting the other to

consider its proposal, the board or education council may refer the matter to the

minister, and the minister, or the person the minister designates for the purposes of this

subsection, may make the decision the minister or person designated considers most

appropriate.

Open Learning Agency Act

Section 1 of the Open Learning Agency Act, R.S.B.C. 1996, c. 341, is amended by

adding the following

definitions:

"registrar" means the registrar of the agency;

"student" means a person the registrar recognizes

to be enrolled and in good standing in a course or program of studies at the agency.

8 The following

section is added:

Personal education numbers and information

7.1

(1) In this section:

"personal education number" means a unique identification

number for a student obtained under

section 170.2 of the School Act ;

"student" includes a person applying to be

enrolled in a course or program of studies at the agency.

(2) The board may require a student to provide the agency with

(

a) the personal information that relates directly to and is

necessary for an operating program or activity of the agency, and

(

b) the personal information necessary to obtain a personal

education number for the student.

(3) The board must submit the personal information collected under

subsection (2) (

b) to the minister responsible for the administration of the School Act

to obtain a personal education number for the student.

(4) The board may use the personal education number obtained under

subsection (3) for the following purposes:

(

a) carrying out its responsibilities in respect of an operating

program or activity of the agency;

(

b) research and statistical analysis of personal information in

the possession of the board;

(

c) facilitating the provision of personal information under

section 14 (2).

(5) The minister must provide to the minister responsible for the

administration of the School Act the personal information about a student that is

in the possession of the minister if the minister responsible for the administration of

the School Act requests that information and provides the minister with a valid

personal education number for that student.

Section 14 (2) is repealed and the following substituted:

(2) At the request of the minister, the agency must provide the

minister with reports and any other information that the minister considers necessary to

carry out the minister's responsibilities in relation to the agency.

(3) Information requested under subsection (2) may include

personal information about a student.

(4) Personal information obtained under subsection (2) or under

section 170.2 of the School Act may not be used to make a decision respecting an

individual student.

(5) For the purposes of subsections (3) and (4), "student"

has the same meaning as in

section 7.1.

Royal Roads University Act

Section 16 of the Royal Roads University Act, R.S.B.C. 1996, c. 409, is

amended by striking out "and 70" and substituting ",

70 and 70.1" .

School Act

Section 168 of the School Act, R.S.B.C. 1996, c. 412, is amended

(

a) in subsection (2) by adding the following paragraph:

(d.1) preparing a process for measuring individual student

performance, and requiring a board or a francophone education authority to cause its

schools to participate in the process for the purpose of assessing the effectiveness of

educational programs; , and

(

b) by adding the following subsection:

(2.1) An order made under subsection (2) (d.1) may provide for the

reporting of student performance, on an individual or aggregate basis, to a board or

francophone education authority so that it may assess the effectiveness of the educational

programs it delivers.

12 Division 1 of

Part 9 is amended by adding the following sections:

Personal education numbers

170.1

(1) In this section, "personal education

number" means a unique identification number assigned to a person under

subsection (2).

(2) The minister may assign a personal education number to the

following persons:

(

a) a student;

(

b) a francophone student;

(

c) a child registered under

section 13;

(

d) a student as defined in the Independent School

Act .

(3) The personal education number of a person referred to in

subsection (2) may only be used for the following purposes:

(

a) determining the number of full time students or the equivalent

of full time students for the purposes of establishing and allocating Provincial funding

under sections 107 and 108;

(

b) ensuring the efficient and effective use of grants paid under

sections 114 and 115;

(

c) determining enrollment in an independent school and

ensuring the efficient and effective use of grants paid under the Independent

School Act ;

(

d) researching and evaluating the effectiveness of boards,

francophone education authorities and authorities governed by the Independent School

Act and the programs, courses and curricula delivered by them;

(

e) administering the processes referred to in

section 168 (2) (

d) and (d.1);

(

f) administering Provincial examinations;

(

g) issuing graduation credentials and transcripts;

(

h) awarding Provincial scholarships and bursaries;

(

i) any additional purposes prescribed under subsection (4).

(4) The Lieutenant Governor in Council may make regulations

prescribing additional purposes for which the personal education number of a person may be

used under this section.

Public post-secondary students

170.2

(1) In this section:

"personal education number" means a unique

identification number for a student assigned or identified under subsection (2);

"public post-secondary institution" means an

institution established or continued under one of the following Acts:

(

a) the College and Institute Act ;

(

b) the Institute of Technology Act ;

(

c) the Open Learning Agency Act ;

(

d) the Royal Roads University Act ;

(

e) the Technical University of British Columbia Act ;

(

f) the University Act ;

(

g) the University of Northern British Columbia Act ;

"student" means a person who is, or is applying

to be, a student of a public post-secondary institution.

(2) If the minister receives from the board of a public

post-secondary institution the personal information the minister considers necessary with

respect to a student, the minister must

(

a) assign a personal education number to the student or identify

a personal education number previously assigned to the student under

section 170.1, and

(

b) provide the personal education number to the board of that

public post-secondary institution.

(3) The minister must provide to the minister responsible for

public post-secondary institutions the personal information about a student that is in the

possession of the minister if the minister responsible for public post-secondary

institutions requests that information and provides the minister with a valid personal

education number for that student.

(4) The personal information of a student obtained under any of

the following provisions is to be used only for the purposes referred to in

section 170.1

(3) (d):

(

a) section 41.1 (5) of the College and Institute Act ;

(

b) section 14.1 (5) of the Institute of Technology

Act ;

(

c) section 7.1 (5) of the Open Learning Agency Act ;

(

d) section 70.1 (2) of the University Act , as

it applies under

section 16 of the Royal Roads University Act ;

(

e) section 70.1 (2) of the University Act , as

it applies under

section 16 of the Technical University of British Columbia

Act ;

(

f) section 70.1 (2) of the University Act ;

(

g) section 70.1 (2) of the University Act as it

applies under

section 16 of the University of Northern British Columbia Act .

Technical University of British Columbia Act

Section 8 of the Technical University of British Columbia Act, S.B.C. 1997, c.

54, is amended by adding the following subsections:

(3) Information requested under subsection (2) (

c) may include

personal information about a student.

(4) Personal information obtained under this

section or under

section 170.2 of the School Act may not be used to make a decision respecting an

individual student.

(5) For the purposes of subsections (3) and (4), "student"

includes a person applying to enroll in a credit course at the university.

Section 16 is amended by striking out "and 70" and

substituting ", 70 and 70.1" .

University Act

Section 27 of the University Act, R.S.B.C. 1996, c. 468, is amended by adding

the following subsections:

(4) The board may require a student to provide the university with

(

a) the personal information that relates directly to and is

necessary for an operating program or activity of the university, and

(

b) the personal information necessary to obtain a personal

education number for the student.

(5) The board must submit the personal information collected under

subsection (4) (

b) to the minister responsible for the administration of the School Act

to obtain a personal education number for the student.

(6) The board may use the personal education number obtained under

subsection (5) for the following purposes:

(

a) carrying out its responsibilities in respect of an operating

program or activity of the university;

(

b) research and statistical analysis of personal information in

the possession of the board;

(

c) facilitating the provision of personal information under

section 49.

(7) In subsections (4), (5) and (6):

"personal education number" means a unique identification

number for a student obtained under

section 170.2 of the School Act ;

"student" includes a person applying to enroll in

a credit course at a university.

Section 49 is amended by renumbering the

section as

section 49 (1) and by

adding the following subsections:

(2) Information requested under subsection (1) may include

personal information about a student.

(3) Personal information obtained under this

section or under

section 170.2 of the School Act may not be used to make a decision respecting an

individual student.

(4) For the purposes of subsections (2) and (3), "student"

has the same meaning as in

section 27 (7).

Part 12 is amended by adding the following section:

Provision of personal information

70.1

(1) In this section, "personal education

number" and "student" have the same meanings as in

section 27

(7).

(2) The minister must provide to the minister responsible for the

administration of the School Act the personal information about a student that is

in the possession of the minister if the minister responsible for the administration of

the School Act requests that information and provides the minister with a valid

personal education number for that student.

Commencement

18 This Act comes into force by regulation of the

Lieutenant Governor in Council.

Explanatory Notes

College and Institute Act

(Ministry of Advanced Education, Training and Technology)

SECTION 1: [College and Institute Act, amends

section 19] repeals and

replaces paragraph (5) (

d) to refer to information the minister considers necessary and

restricts the use of that information.

SECTION 2: [College and Institute Act, enacts

section 41.1] requires

institutions to obtain a unique identification number for their students in order to

facilitate the provision of information about those students to the Minister of Advanced

Education, Training and Technology. The

section also requires the disclosure of student

information to the Minister of Education to be used for certain purposes under the School

Act.

Institute of Technology Act

(Ministry of Advanced Education, Training and Technology)

SECTION 3: [Institute of Technology Act, amends

section 1] repeals the

definition of "minister".

SECTION 4: [Institute of Technology Act, adds

section 14 (6) to (9)]

allows the minister to require information the minister considers necessary and restricts

the use of that information.

SECTION 5: [Institute of Technology Act, enacts

section 14.1] requires

the institute to obtain a unique identification number for its students in order to

facilitate the provision of information about those students to the Minister of Advanced

Education, Training and Technology. The

section also requires the disclosure of student

information to the Minister of Education to be used for certain purposes under the School

Act.

SECTION 6: [Institute of Technology Act, repeals and replaces

section 18 (5)] is

consequential to the amendment to

section 1 of the Act.

Open Learning Agency Act

(Ministry of Advanced Education, Training and Technology)

SECTION 7: [Open Learning Agency Act, amends

section 1] adds new

definitions for the purposes of

section 7.1 of the Act.

SECTION 8: [Open Learning Agency Act, enacts

section 7.1] requires the

agency to obtain a unique identification number for its students in order to facilitate

the provision of information about those students to the Minister of Advanced Education,

Training and Technology. The

section also requires the disclosure of student information

to the Minister of Education to be used for certain purposes under the School Act.

SECTION 9: [Open Learning Agency Act, repeals and replaces

section 14 (2) and

adds subsections (3) to (5)] allows the minister to require information the

minister considers necessary and places limitation on use of that information.

Royal Roads University Act

(Ministry of Advanced Education, Training and Technology)

SECTION 10: [Royal Roads University Act, amends

section 16] ensures that

section 70.1 of the University Act applies to the Royal Roads University.

School Act

(Ministry of Education)

SECTION 11: [School Act, adds

section 168 (2) (d.1) and (2.1)] permits a

process of individual student assessment and provides for the reporting of the results of

that assessment.

SECTION 12: [School Act, enacts sections 170.1 and 170.2] permits the

Minister of Education to assign, identify and disclose unique identification numbers for

students of public post-secondary institutions. The

section also requires the disclosure

of student information to the Minister of Advanced Education, Training and Technology to

be used for certain purposes under legislation pertaining to public post-secondary

institutions.

Technical University of British Columbia Act

(Ministry of Advanced Education, Training and Technology)

SECTION 13: [Technical University of British Columbia Act, adds

section 8 (3) to

(5)] clarifies that personal information about students may be requested and

restricts the use of that information.

SECTION 14: [Technical University of British Columbia Act, amends

section 16]

ensures that

section 70.1 of the University Act applies to the Technical University

of British Columbia.

University Act

(Ministry of Advanced Education, Training and Technology)

SECTION 15: [University Act, adds

section 27 (4) to (7)] permits the

university to obtain a personal education number for a student in order to facilitate the

provision of information under

section 49 of the Act.

SECTION 16: [University Act, amends

section 49] clarifies that personal

information about students may be requested and restricts the use of that information.

SECTION 17: [University Act, enacts

section 70.1] requires the

disclosure of student information to the Minister of Education to be used for

certain purposes under the School Act .

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