POST-SECONDARY LEARNING ACT (RSA 2000 cP-19.5)

RSA 2000 cP-19.5

Alberta — Consolidated Statutes

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Chapter P-19.5 Current as of May 15, 2025 POST-SECONDARY LEARNING ACT

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Regulations The following is a list of the regulations made under the Post-secondary Learning Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg.

Amendments Post-secondary Learning Act Alternative Academic Council ....................... 219/2006 ......... 131/2015, 252/2018, 10/2019, 157/2022 Athabasca University ..................................... 50/2004 ........... 225/2010, 163/2011, 225/2018, 245/2021, 155/2022 Independent Academic Institutions Designation ........................... 78/2023 ........... 300/2025 Land Use ........................................................ 54/2004 ........... 55/2008, 226/2010, 64/2013, 41/2015, 63/2018, 10/2019, 14/2021, 144/2023 Pension Validation ......................................... 52/2004 Programs of Study .......................................... 91/2009 ........... 7/2013, 251/2017, 227/2018, 247/2021, 56/2024 Sessional Faculty ............................................ 116/2018 Tuition and Fees ............................................. 228/2018 ......... 190/2019, 248/2021, 157/2022

1 POST-SECONDARY LEARNING ACT

Chapter P-19.5 Table of Contents 1

Definitions 1.1 Provincial laws prevail

Part 1 Universities 2

Definitions Establishment 3 Establishment of compreh ensive academic and research universities 3.1 Establishment of undergr aduate universities 4 Initial governing authority 5 Powers and duties of initial governing authority Chancellor and Vice-chancellor 6 Election of chancellor 7 Establishment of a joint committee 8 Term of office and removal 9 Duties of chancellor 10 Vice-chancellor Senate 10.1 Definition 11 Senate 12 Term of office and vacancy 13 Duties of senate 14 Administration of senate 15 Report to senate

Chapter P-19.5 POST-SECONDARY LEARNING ACT 2 Board of Governors 16 Board of governors 17 Power of board to own a nd operate utility 18 Bylaws of board 19 Board to consider recommendations Officers and Employees 20 Registrar 21 Deans 22 Appointment, suspension and dismissal of staff General Faculties Council 23 Composition of general faculties council 24 Elected members 25 Additional members 26 Powers of general faculties council Deans’ Council 27 Deans’ council Faculty and School Councils 28 Faculty councils 29 Powers of faculty councils 30 School councils Student Affairs 31 Student discipline 32 Council on student affairs Establishment of Comprehensive Community Colleges as Undergraduate Universities or Polytechnic Institutions 32.1 Establishment as undergraduate universities or polytechnic institutions 32.2 Mount Royal University, Gr ant MacEwan University 32.3 Alberta College of Art and Design Miscellaneous 36 Use of word “university”, coat of arms or crest 38 Religious freedom

Chapter P-19.5 POST-SECONDARY LEARNING ACT 3

Part 2 Comprehensive Community Colleges and Polytechnic Institutions 39 Definition Establishment 40 Establishment of comprehensive community colleges and polytechnic institutions Initial Governing Authority 41 Initial governing authority 42 Powers and duties of initial governing authority Board of Governors 43 Board of governors 44 Composition of board 45 Programs boards must provide Academic Council 46 Academic council 47 Powers and duties 47.1 Alternative academic council Miscellaneous 48 Use of “college”, “technical institute”, “comprehensive community college” or “polytechnic institution”

Part 3 The Banff Centre 50 Definition 51 Continuation 52 Board of governors

Part 4 Public and Private Post-secondary Institutions 53

Definitions Division 1 Administration Membership of Board 54 Eligibility 55 Remuneration and expenses

Chapter P-19.5 POST-SECONDARY LEARNING ACT 4 56 Term of office and vacancy 57 Termination 58 Majority and quorum Board Powers and Duties 59 Natural person powers 60 General powers and duties 61 Tuition fees and mandatory non-instructional fees 62 Delegation of powers 63 Settlement of questions 64 Student discipline 65 Collection of personal information 66 Acquisition of land 67 Disposition of land 68 Ownership of intellectual property 69 Pensions and annuities Financial Matters 70 Fiscal year 71 Auditor 72 Borrowing 73 Debenture borrowing 74 Guarantees 75 Banking and investment 76 Pooled trust fund 77 Approval respecting Financial Administration Act Accountability of Board 78 Investment management agreements, budgets and capital plans 79 Annual report 80 Other reports and information Officers and Staff 81 President 82 Vice-presidents 83 Officers and employees 84 Academic staff 85 Academic staff associations 86 Academic staff association executive 90 Application of labour law 92.1 Postdoctoral fello ws associations 92.2 Postdoctoral fellows a ssociations executive

Chapter P-19.5 POST-SECONDARY LEARNING ACT 5 Student Affairs 93 Students association 94 Graduate students association 95 Management of student organizations 97 Audit of student organizations 98 Student petitions 98.1 Amalgamation with society Investigator, Administrator and Dissolution 99 Investigation 100 Administrator of public post-secondary institution 101 Effect of appointment of administrator 102 Dissolution of public pos t-secondary institution Division 2 Roles of Post-secondary Institutions and Programs of Study 102.1

Definitions 102.3 Comprehensive academic and research university role 102.4 Comprehensive community college role 102.5 Independent academic institution role 102.6 Polytechnic institution role 102.7 Banff Centre role 102.8 Undergraduate university role 105 Programs of study 106 Degrees 107 Honorary degrees Division 2.1 Minister’s Advisory Council on Higher Education and Skills 107.01 Minister’s Advisory Council on Higher Education and Skills 107.02 Powers and duties Division 2.2 Campus Alberta Quality Council 108 Establishment of Campus A lberta Quality Council 109 Powers and duties

Chapter P-19.5 POST-SECONDARY LEARNING ACT 6 Division 3 Miscellaneous 118 Information and reports 119 Protection from liability 120 Exemption from e xpropriation 121 Development of land 122 Changing name of corporation or public post-secondary institution 122.1 Accessibility and affordability Division 4 Regulations 123 Application of Regulations Act 124 Lieutenant Governor in Council regulations

Part 5 Transitional Provisions, Consequential Amendments, Repeals and Coming into Force Division 0.1 Transition Relating to 2018 Amendments 125.1

Definitions 125.2 Continuation of unive rsities as comprehensive academic and research universities 125.3 Continuation of public colleges as comprehensive community colleges 125.4 Continuation of technical instit utes as polytechnic institutions 125.5 Transitional regulation powers Division 1 Transition from Former Acts to this Act 126 Continuation of Univers ities Act corporations 127 Continuation of Colle ges Act corporations 128 Continuation of Technical In stitutes Act corporations 129 Continuation of other bodies Division 1.1 Validity and Enforcement of Bylaws 129.1 Transitional Division 1.2 Orders in Council 129.2 Orders in Council remain in force

Chapter P-19.5 POST-SECONDARY LEARNING ACT 7 Division 2 Consequential Amendments 130-152 Consequential amendments Division 3 Repeals and Coming into Force 153 Repeals 155 Coming into force

Preamble

WHEREAS the Government of Alberta is committed to ensuring that Alberta’s post-secondary education system is a high-quality system that enables Albertans to acquire the skills, knowledge and competencies they need to succeed in their lifelong pursuits, is highly responsive to labour market needs and, through innovative programming and excellence in research, contributes to the betterment of an innovative and prosperous Alberta;

WHEREAS a high-quality system is one in which students are well-prepared for work or for further learning and can develop the skills, knowledge and competencies needed to contribute to Alberta’s society and succeed in the labour market;

WHEREAS the Government of Alberta is committed to ensuring that Alberta’s post-secondary education system is accessible, affordable, accountable and coordinated;

WHEREAS an accessible system is one in which all Albertans are able to plan a career path and receive post-secondary education regardless of their location or barriers;

WHEREAS an affordable system is one in which finances do not limit any Albertan from accessing post-secondary education;

WHEREAS an accountable system is one in which all Albertans have access to clear information about linkages between labour markets and post-secondary education programs and in which post-secondary providers are effectively governed, financially sustainable, fiscally responsible and collaborative with their communities, government and each other;

WHEREAS a coordinated system is one in which programs are integrated and diverse, without being duplicative or redundant, and in which the roles of students, educators, providers, industry and government are clearly articulated and differentiated within a collaborative governance model;

WHEREAS apprenticeship education is as valuable, useful and respectable as other forms of post-secondary education, and

Section 1

Chapter P-19.5 POST-SECONDARY LEARNING ACT 8 experiential learning is as important to post-secondary education as academic learning; and

WHEREAS the Government of Alberta is committed to ensuring that Alberta’s post-secondary institutions continue to build on their record of global excellence in post-secondary research and innovation and that they continue contributing to the economic diversification of the province by promoting and strengthening the commercialization of post-secondary research; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) “academic council” means the academic council of a comprehensive community college or polytechnic institution; (b) “academic staff association” means an academic staff association of a comprehensive community college, polytechnic institution or university established under

section 85 or continued under

section 32.1, 32.2, 32.3, 125.2, 125.3 or 125.4; (c) “academic staff member”, “academic staff” and “member of the academic staff” mean an employee of the board of a comprehensive community college, polytechnic institution or university who, as a member of a category of employees or individually, is designated as an academic staff member in accordance with this Act; (c.1) “academically employed gr aduate student” includes a graduate student employed as a teaching or research assistant; (c.2) “Alberta CPI” means the All-items Consumer Price Index for Alberta published by Statistics Canada; (c.3) “apprenticeship education program” means apprenticeship education program as defined in

section 1 of the Skilled Trades and Apprenticeship Education Act; (c.4) repealed 2021 c17 s1(3); (

d) repealed 2018 c19 s3;

Section 1

Chapter P-19.5 POST-SECONDARY LEARNING ACT 9 (e) “Banff Centre” means The Banff Centre continued under

Part 3; (f) “board” means the board of governors of a public post-secondary institution; (f.1) “comprehensive academic a nd research university” means a comprehensive academic and research university established under

section 3 or a university continued under

section 125.2 to be a comprehensive academic and research university; (f.2) “comprehensive co mmunity college” means a comprehensive community college established under

section 40 or a public college continued under

section 125.3 to be a comprehensive community college; (f.3) “domestic student” means a student who is a Canadian citizen, a permanent resident of Canada or a protected person under subsection 95(2) of the Immigration and Refugee Protection Act (Canada); (g) “graduate student” means a person enrolled in a program of graduate studies at a university; (h) “graduate students associa tion” means a graduate students association of a university established under

section 94 or a graduate students association of a university continued under

section 125.2 to be a graduate students association of a university; (h.1) “independent academic institution” means any of the following institutions resident in Alberta: (

i) Ambrose University; (ii) Burman University; (iii) Concordia University of Edmonton; (iv) The King’s University; (

v) St. Mary’s University; (vi) an institution designated by the regulations as an independent academic institution; (i) “Minister” means the Minist er determined under

section 16 of the Government Organization Act as the Minister responsible for this Act;

Section 1

Chapter P-19.5 POST-SECONDARY LEARNING ACT 10 (j) “non-academic staff”, “non-academic staff member” and “member of the non-academic staff” mean an employee of the board of a comprehensive community college, polytechnic institution or university other than (

i) an academic staff member, (ii) an academically employed graduate student, or (iii) a postdoctoral fellow; (k) “non-academic staff association” means a bargaining agent, as defined in the Labour Relations Code, representing non-academic staff; (k.01) “polytechnic institution” means a polytechnic instituti on established under

section 40 or a technical institute continued under

section 125.4 to be a polytechnic institution; (k.1) “postdoctoral fellow” means an individual holding a postdoctoral appointment or occupying a postdoctoral position at a university, including any of the following: (

i) postdoctoral fellow; (ii) postdoctoral associate; (iii) postdoctoral researcher; (iv) postdoctoral scholar; (k.2) “postdoctoral fellows ass ociation” means a postdoctoral fellows association established under

section 92.1; (l) “president” means the president of a public post-secondary institution appointed under

section 81; (m) “private post-secondary in stitution” means a post-secondary institution other than a public post-secondary institution; (n) “program of study” means a group of credit courses that, on completion, leads to the granting of a degree, diploma or certificate; (

o) repealed 2018 c19 s3; (p) “public post-secondary ins titution” means Banff Centre, a university, a comprehensive community college, a polytechnic institution or any other institution established

Section 1.1

Chapter P-19.5 POST-SECONDARY LEARNING ACT 11 under this Act that is designated by the regulations as a public post-secondary institution; (q) “student” means a person enrolled at a public post-secondary institution, and includes a graduate student; (r) “students association” means a students association of a university, comprehensive community college or polytechnic institution established under

section 93 or continued under

section 32.1, 32.2, 32.3, 98.1, 125.2, 125.3 or 125.4; (s) “student organization” mean s a students association or graduate students association; (

t) repealed 2018 c19 s3; (t.1) “undergraduate univers ity” means an undergraduate university established under

section 3.1, an undergraduate university established under

section 32.1 and a college deemed established under

section 32.2 or 32.3 as an undergraduate university; (u) “university” means a compre hensive academic and research university or an undergraduate university. 2003 cP-19.5 s1;2005 c45 s2;2008 c25 s2;2017 c4 s2; 2018 c19 ss3,59,60;2018 c21 s7;2021 c17 s1(3); 2023 c3 s15;2024 c19 s14;2025 c15 s5 Provincial laws prevail 1.1 If there is an inconsistency between this Act or any other enactment and a resolution, regulation, bylaw, rule, policy or other instrument made under this Act, the instrument is of no effect to the extent of the inconsistency. 2010 c22 s2

Part 1 Universities

Definitions 2 In this Part, (a) “alumni association” means an association recognized by the board of a university as being representative of the graduates of the university; (b) “board” means the board of governors of a university.

Section 3

Chapter P-19.5 POST-SECONDARY LEARNING ACT 12 Establishment Establishment of comprehensive academic and research universities 3(1) The Lieutenant Governor in Council may by order establish a comprehensive academic and research university.

(2) An order made under subsection (1) must designate the name of the university so established. 2003 cP-19.5 s3;2018 c19 s4 Establishment of undergraduate universities 3.1(1) The Lieutenant Governor in Council may by order establish an undergraduate university.

(2) An order made under subsection (1) must designate the name of the university so established. 2018 c19 s4 Initial governing authority 4(1) When the Lieutenant Governor in Council establishes a university under

section 3, the Lieutenant Governor in Council may (

a) establish an initial governin g authority for the university consisting of one or more members; (

b) appoint the member or members of the initial governing authority and, if the Lieutenant Governor in Council appoints more than one member, shall designate one of them as its chair; (

c) specify the name of the initial governing authority; (

d) confer or impose on the i nitial governing authority any powers or duties the Lieutenant Governor in Council considers necessary in connection with the carrying out of its responsibilities.

(2) An initial governing authority is a corporation with the name given to it by the Lieutenant Governor in Council and consists of the persons appointed as its member or members.

(3) The members of the initial governing authority (

a) may be paid remuneration for the performance of their duties as members of the initial governing authority, and

Section 5

Chapter P-19.5 POST-SECONDARY LEARNING ACT 13 (

b) shall be paid travelling and living expenses while away fr om their ordinary places of residence in the course of their duties as members of the initial governing authority, at the rates prescribed by the Lieutenant Governor in Council.

(4) An initial governing authority shall exercise its powers and perform its duties until it is dissolved by an order of the Lieutenant Governor in Council.

(5) The Lieutenant Governor in Council may make any order the Lieutenant Governor in Council considers necessary in respect of the disposition of the rights, property, debts and obligations of the initial governing authority on its dissolution. Powers and duties of initial governing authority 5(1) Notwithstanding anything in this Act and in addition to the powers and duties conferred or imposed on the initial governing authority under

section 4(1)(d), the initial governing authority of a university (

a) may exercise the powers and perform the duties of (

i) the chancellor, until the el ection of the first chancellor, (ii) the president, until the ap pointment of the first president, (iii) in the case of a compre hensive academic and research university, the senate, until the commencement of the senate’s first meeting, (iv) the board, until the comm encement of the board’s first meeting, and (

v) the general faculties counc il, until the commencement of the general faculties council’s first meeting, a n d (

b) may exercise the powers and perform the duties referred to in clause (

a) either in its own name or in the name of the chancellor, the president, the senate, the board or the general faculties council, as the case may be.

(2) Notwithstanding anything in this Act, the initial governing authority of a university (

a) shall, subject to

section 58.6 of the Labour Relations Code, after consulting with the academic staff association and with

Section 6

Chapter P-19.5 POST-SECONDARY LEARNING ACT 14 any other bargaining agent representing employees of the university affected by the designation, do one or both of the following: (

i) designate categories of employees as academic staff members of the university; (ii) designate individual employees as academic staff members of the university, (

b) shall prescribe procedures respecting the election of (

i) the first executive of the academic staff association at the university, and (ii) the first councils of the student organizations at the university, a n d (

c) may, subject to

section 58.6 of the Labour Relations Code, change a designation made under this subsection after consulting with the academic staff association and with any other bargaining agent representing employees of the university affected by the change in designation. 2003 cP-19.5 s5;2017 c4 s2;2018 c19 s5 Chancellor and Vice-chancellor Election of chancellor 6(1) The senate of a comprehensive academic and research university shall elect a chancellor for the university from among (

a) the persons nominated by the joint committee established under

section 7(1), and (

b) any other persons who are nominated by members of the senate at the meeting of the senate at which the joint committee presents its nominations to the senate.

(2) An undergraduate university is not required to have a chancellor but if the board determines that the university is to have a chancellor, the chancellor shall be elected by the board from among the persons nominated by the joint committee established under

section 7(2).

(3) A person is not eligible for election as chancellor under this

section unless the person is a Canadian citizen or has been lawfully admitted to Canada for permanent residence. 2003 cP-19.5 s6;2018 c19 s6

Section 7

Chapter P-19.5 POST-SECONDARY LEARNING ACT 15 Establishment of a joint committee 7(1) The senate of a comprehensive academic and research university shall establish a joint committee when (

a) a comprehensive academic and research university is established under

section 3, or (

b) a vacancy occurs during the term of office of the chancellor of the university or the expiry of the term of office of the chancellor is imminent.

(2) The board of an undergraduate university shall establish a joint committee, (

a) if there is no chancellor for the university, when the board determines that the university is to have a chancellor, (

b) if a vacancy occurs durin g the term of office of the chancellor of the university, when the board determines that the vacancy is to be filled, or (

c) if the expiry of the term of office of the chancellor is imminent, when the board determines that a successor is to be elected.

(3) A joint committee must consist of (a) 3 members of the general faculties council appointed by th e general faculties council, (b) 3 members of the alumni association appointed by the alumni association, (

c) in the case of a compre hensive academic and research university, 3 members of the senate appointed by the senate, (

d) in the case of an undergraduate university, 3 members of t he board appointed by the board, (

e) one member of the students association appointed by the students association or 2 members if the university does not have a graduate students association, and (

f) if the university has a gra duate students association, one member of the graduate students association appointed by the graduate students association.

(4) A joint committee shall nominate for the office of chancellor of a comprehensive academic and research university the number of persons that the senate directs.

Section 8

Chapter P-19.5 POST-SECONDARY LEARNING ACT 16

(5) A joint committee shall nominate for the office of chancellor of an undergraduate university the number of persons that the board directs. 2003 cP-19.5 s7;2018 c19 s6 Term of office and removal 8(1) A chancellor holds office for a term of 4 years and is not eligible for re-election as chancellor.

(2) If the senate of a comprehensive academic and research university is satisfied that a person elected as chancellor of the university is, for any reason, no longer capable of acting as chancellor or of fulfilling the chancellor’s duties, the senate may remove that person from office.

(3) If the board of an undergraduate university is satisfied that a person elected as chancellor of the university is, for any reason, no longer capable of acting as chancellor or of fulfilling the chancellor’s duties, the board may remove that person from office. 2003 cP-19.5 s8;2018 c19 s6 Duties of chancellor 9(1) In addition to the chancellor’s other functions under this Act, the chancellor shall represent the university at ceremonial occasions, preside over all degree-conferring ceremonies of the university and confer the degrees, and represent the public interest in the university.

(2) When the office of chancellor is vacant or the chancellor is absent or unable to act, the vice-chancellor may perform all the functions of the chancellor.

(3) When the chancellor and the vice-chancellor are absent or unable to act or when the offices are vacant, the deans’ council may designate a person to perform the chancellor’s functions at degree-conferring ceremonies. Vice-chancellor 10 The president of a university is the vice-chancellor. Senate Definition 10.1 In sections 11 to 15, “university” means a comprehensive academic and research university. 2018 c19 s7

Section 11

Chapter P-19.5 POST-SECONDARY LEARNING ACT 17 Senate 11(1) The Lieutenant Governor in Council shall by order establish a senate for each university.

(2) Each senate is a corporation with the name given to it by the Lieutenant Governor in Council and consists of its members.

(3) A senate shall consist of (

a) the following persons who are members by virtue of their offices: (

i) the chancellor, who is the chair; (ii) the president; (iii) the vice-president de signated by the board; (iv) the chief academic o fficer for student affairs; (

v) the director of extension, or if none, the officer performing comparable functions; (vi) the president and vice-president of the alumni association; (

b) the following appointed members: (i) 2 deans, appointed by the deans’ council; (ii) 2 members of the board, appointed by the board; (iii) 3 members of the general faculties council, appointed by the general faculties council; (iv) 2 members of the alumni association, appointed by the alumni association; (v) 2 non-academic staff m embers, appointed by the non-academic staff association; (vi) 4 members of the students association, appointed by the council of the students association; (vii) if there is a graduate stu dents association, one member of the association, appointed by the council of the association; (viii) 9 members of the public , appointed by the Minister;

Section 12

Chapter P-19.5 POST-SECONDARY LEARNING ACT 18 (c) 30 representative members, e lected by the members of the senate referred to in subsection (4), to represent geographical areas and groups and organizations with an interest in the university including, at the discretion of the members of the senate, representatives of staff organizations within the university.

(4) The persons eligible to vote in the election of a representative member under subsection (3)(

c) are all the persons who, at the time of the election, are members of the senate.

(5) Only persons who are Canadian citizens or have been lawfully admitted to Canada for permanent residence are eligible to be appointed as members of a senate under subsection (3)(b)(viii).

(6) The members of the senate may be paid travelling and living expenses while away from their ordinary places of residence in the course of their duties as members of the senate at the rates prescribed by the senate. Term of office and vacancy 12(1) A person appointed under

section 11(3)(b)(

i) to (v) (

a) holds office for a term t hat does not exceed 3 years, and (

b) is, if otherwise qualified, eligible for reappointment.

(2) A person appointed under

section 11(3)(b)(vi) or (vii) (

a) holds office for a term of one year, and (

b) is, if otherwise qualified, eligible for reappointment.

(3) A person appointed under

section 11(3)(b)(viii) (

a) holds office for a term t hat does not exceed 3 years, and (

b) may not be appointed for more than two terms.

(4) A person elected under

section 11(3)(c) (

a) holds office for a term t hat does not exceed 3 years, and (

b) may not be elected for more than two terms.

(5) When a vacancy exists on a senate, (

a) if the vacancy is in respect of an appointed member, the person or body having the power of appointment may

Section 13

Chapter P-19.5 POST-SECONDARY LEARNING ACT 19 appoint a person under

section 11(3)(

b) to serve the balance of the unexpired term of office of the former member, and (

b) if the vacancy is among the representative members, the members of the senate may elect a person under

section 11(3)(

c) to serve the balance of the unexpired term of office of the former member.

(6) When a person is appointed by the Minister under

section 11(3)(b)(viii) to serve the balance of a former member’s unexpired term of office in accordance with subsection (5)(a), that service is not considered a term for the purposes of subsection (3)(b).

(7) Notwithstanding subsections (1) and (2), a person appointed as a member of the senate under

section 11(3)(b)(

i) to (vii) ceases to hold office when the member ceases to occupy the position or perform the function that qualifies the member for the appointment.

(8) Notwithstanding subsections (1) to (4), when a senate is satisfied that an appointed or representative member is, for any reason, no longer capable of acting as a member or of fulfilling the member’s duties, the senate may, on the vote of not less than 2/3 of the members present when the vote for removal from office is taken, remove that member from office. Duties of senate 13(1) It is the duty of a senate to inquire into any matter that might benefit the university and enhance its position in the community.

(2) Without restricting the generality of subsection (1), a senate may (

a) require a report on any matter from any faculty or school council, the council of the students association, the council of the graduate students association and any member of the academic staff of the university, (

b) receive and consider submis sions from anyone interested in the university, (

c) acquire and provide information with respect to the university and its functions through public meetings, radio and television programs and any other means that it considers appropriate, and (

d) make any report and reco mmendations respecting the matters referred to in clauses (

a) to (

c) that it considers

Section 14

Chapter P-19.5 POST-SECONDARY LEARNING ACT 20 advisable to the board, the general faculties council or the Minister. Administration of senate 14(1) There is to be an executive committee of the senate consisting of the chancellor and 6 to 12 other members of the senate to be selected annually by the senate, which shall exercise the powers and perform the duties and functions that are assigned to it by the senate.

(2) Each year a senate may submit a budget to the board for approval and the board shall, in accordance with the approved budget, provide the senate with the funds required to meet the cost of staff and supplies and any other expenses that may be incurred by the senate in fulfilling its duties. Report to senate 15 The president shall report annually to the senate on the academic work of the university and as to its progress and requirements and make any recommendations on them that the president considers necessary. Board of Governors Board of governors 16(1) The Lieutenant Governor in Council shall by order establish a board of governors for each university.

(2) Each board is a corporation with the name given to it by the Lieutenant Governor in Council.

(3) A board shall consist of the following members: (

a) a chair of the board appointed by the Lieutenant Governor in Council; (

b) the chancellor of the university, if the university has a chancellor; (

c) the president of the university; (

d) the following members appointed by the Minister: (i) 2 alumni of the university nominated by the alumni association, if there is an alumni association;

Section 17

Chapter P-19.5 POST-SECONDARY LEARNING ACT 21 (ii) in the case of a compre hensive academic and research university, one member of the senate nominated by the other members of the senate from among the members appointed under

section 11(3)(b)(viii) or elected under

section 11(3)(c); (iii) 2 members of the academic staff of the university, one of whom is nominated by the general faculties council and one of whom is nominated by the academic staff association; (iv) 2 students nominated by the council of the students association; (

v) if the university has a gra duate students association, one graduate student nominated by the council of the association; (vi) one member of the non-aca demic staff nominated by the non-academic staff association; (

e) not more than 9 members r epresentative of the general public, in addition to the chair, appointed by the Lieutenant Governor in Council; (

f) additional persons appointed by the Lieutenant Governor in Council on the recommendation of the Minister.

(4) The members of a board may elect one member to act as chair in the absence of the chair or in the event of the chair’s inability to act.

(5) The members of the board must act in the best interests of the university.

(6) If a board advises the Lieutenant Governor in Council that an appointed member of the board is, for any reason, no longer capable of acting as a member or of fulfilling the member’s duties, the Lieutenant Governor in Council may terminate the appointment of the member. 2003 cP-19.5 s16;2018 c19 s8 Power of board to own and operate utility 17 In addition to the other powers of a board, a board of a comprehensive academic and research university may own and operate a gas utility as defined in the Gas Utilities Act or a public utility as defined in the Public Utilities Act. 2003 cP-19.5 s17;2007 cA-37.2 s82(23);2018 c19 s9

Section 18

Chapter P-19.5 POST-SECONDARY LEARNING ACT 22 Bylaws of board 18(1) A board may make any bylaws the board considers appropriate for the management, government and control of the university buildings and land.

(2) A board may make the following bylaws to control vehicles and pedestrians on university land: (

a) parking bylaws (

i) governing the places whe re, the times when and the conditions on which persons are authorized to park or are prohibited from parking vehicles; (ii) authorizing any person to allocate reserved parking locations to persons, subject to the conditions prescribed by the bylaws; (iii) providing for the placemen t of parking control signs, markings and meters prohibiting or governing the parking of vehicles; (iv) providing for the impounding and removal of vehicles parked or left in contravention of a bylaw; (

v) establishing fees respecting the parking of vehicles and providing for the collection of those fees; (vi) prescribing penalties, including fines, to be imposed for contraventions of bylaws made under this clause and providing for the imposition and collection of those penalties; (vii) providing for the hearing and determination of disputes arising in relation to (

A) contraventions of bylaws, or (

B) the imposition and collection of penalties under this clause. (

b) traffic bylaws (

i) fixing speed limits, (ii) prohibiting the entry of or restricting the direction of movement of vehicles, and

Section 19

Chapter P-19.5 POST-SECONDARY LEARNING ACT 23 (iii) requiring vehicles to yield or to stop and yield the right of way to other vehicles or pedestrians before proceeding, at the places indicated b y traffic control devices; (

c) pedestrian bylaws governing and prohibiting the crossing o f and walking on roadways by pedestrians.

(3) A bylaw under subsection (2) may delegate to any person the authority to determine where parking control signs, markings and meters or traffic control devices are to be placed and the duty to ensure that they are so placed and that a record of the locations is kept. 2003 cP-19.5 s18;2010 c22 s3 Board to consider recommendations 19 A board must consider the recommendations of the general faculties council, if any, on matters of academic import prior to providing for (

a) the support and maintenance of the university, (

b) the betterment of existing buildings, (

c) the construction of any new buildings the board considers necessary for the purposes of the university, (

d) the furnishing and equipping of the existing and newly erected buildings, or (

e) the establishment of faculties, schools, departments, chai rs, programs of study and any other activities the board considers necessary or advantageous. Officers and Employees Registrar 20(1) The board of a university shall appoint a registrar for the university.

(2) A registrar has the powers, duties and functions that are assigned to the registrar by the board and the president. Deans 21(1) The board of a university shall appoint a dean for each faculty of the university.

(2) A dean of a faculty

Section 22

Chapter P-19.5 POST-SECONDARY LEARNING ACT 24 (

a) repealed 2008 c25 s3, (

b) has general supervision ove r and direction of the academic work and instructional staff of the faculty and of the officers and employees employed in connection with that work, and (

c) has the other powers, duties and functions that are assign ed to the dean by the president.

(3) The president may appoint a member of the instructional staff of a faculty who shall act as dean in the event of the absence or inability to act of the dean of the faculty or during any vacancy in the office of a dean.

(4) A dean may delegate any of the dean’s powers, duties and functions as the dean considers appropriate and may prescribe conditions governing the exercise or performance of any delegated power, duty or function, including the power of subdelegation. 2003 cP-19.5 s21;2008 c25 s3 Appointment, suspension and dismissal of staff 22(1) Except as otherwise provided in subsection (3), the president of a university may, in the president’s discretion, suspend from duty and privileges (

a) any officer or employee of the board, or (

b) any person who is paid from funds administered by the university, for a period not exceeding 3 months, but any person suspended pursuant to this subsection is entitled to be paid his or her salary during the time the suspension is in effect.

(2) A person shall not be appointed to, promoted to or dismissed from any position on the academic staff at a university except on the recommendation of the president made in accordance with procedures approved by the general faculties council.

(3) Subject to any collective agreement, a president may, in the president’s discretion, suspend from duty and privileges any member of the academic staff at the university and shall forthwith report the president’s action and the reasons for it (

a) to the board, and (

b) to the executive committee of the general faculties council.

(4) In subsection (3), “collective agreement” includes an agreement between a board and an academic staff association that

Section 23

Chapter P-19.5 POST-SECONDARY LEARNING ACT 25 was made under

section 87 before the repeal of

section 87 and that is still in effect. 2003 cP-19.5 s22;2008 c25 s4;2017 c4 s2 General Faculties Council Composition of general faculties council 23 Each university must have a general faculties council consisting of (

a) the following persons who are members by virtue of their offices: (

i) the president, who is the chair; (ii) the vice-presidents; (iii) the dean of each faculty; (iv) the director of each school; (

v) the chief librarian, or if none, the officer performing comparable functions; (vi) the director of extension, or if none, the officer performing comparable functions; (vii) the registrar; (

b) the members elected under

section 24(1) to represent the faculties and the schools that have school councils; (

c) the following student members: (i) 2 students appointed by the council of the students association; (ii) if there is a graduate stude nts association, one student appointed by the council of the association; (

d) the members appointed from the staff and students of the university under

section 25. 2003 cP-19.5 s23;2018 c19 s10 Elected members 24(1) The faculty council of each faculty and the school council of each school that has a school council may elect from the full-time members of the academic staff of the faculty or school the number of members to the general faculties council that may be assigned to it pursuant to subsection (2).

Section 25

Chapter P-19.5 POST-SECONDARY LEARNING ACT 26

(2) The general faculties council from time to time (

a) shall establish the total nu mber of elected members to be on the general faculties council, which shall be twice the number of persons who are members of the general faculties council by virtue of their offices, and (

b) shall determine and assign to each faculty and school the number of members that may be elected by that faculty or school, which so far as is reasonably possible shall be in the same proportion to the total number of elected members as the number of full-time members of the academic staff of the faculty or school is to the total number of full-time members of the academic staff of all the faculties and schools.

(3) A member elected under subsection (1) holds office for a term of 3 years or until the member’s successor is elected.

(4) Notwithstanding subsection (3), a member elected under subsection (1) ceases to hold office if the member ceases to be a full-time member of the academic staff of the faculty or school.

(5) Notwithstanding subsection (3), a faculty council or school council (

a) shall, as circumstances re quire, elect members to hold office for one-year or 2-year terms so as to provide overlapping terms of office for the representatives of the faculty or school, and (

b) may, when a member ceases t o hold office before the expiry of that member’s term of office, elect a new member to hold office for the remainder of the unexpired term. 2003 cP-19.5 s24;2018 c19 s11 Additional members 25 The members of the general faculties council referred to in

section 23(a), (

b) and (

c) shall appoint the members referred to in

section 23(

d) from the staff and students of the university, in the number and for the terms of office that the elected and student members and persons who are members by virtue of their offices determine. 2003 cP-19.5 s25;2018 c19 s12 Powers of general faculties council 26(1) Subject to the authority of the board, a general faculties council is responsible for the academic affairs of the university and,

Section 26

Chapter P-19.5 POST-SECONDARY LEARNING ACT 27 without restricting the generality of the foregoing, has the authority to (

a) exercise any power of a facu lty council that the general faculties council considers desirable to exercise; (

b) consider and make decisions on the reports of the faculty councils as to the programs of study in the faculties; (

c) determine all programs of st udy to which clause (

b) does not apply that are to be offered by the university for credit toward the requirements for any degree, diploma or certificate; (

d) determine the timetables fo r examinations and for lectures and other instruction in each faculty; (

e) consider and make decisions on the reports of faculty councils as to the appointment of examiners and the conduct and results of examinations in the faculties; (

f) provide for the granting an d conferring of degrees other than honorary degrees; (

g) provide for the preparation and publication of the univers ity calendar; (

h) hear and determine appeals from the decisions of faculty councils on applications, requests or petitions by students and others; (

i) consider all matters reporte d to it by any faculty council and communicate its opinion or action on those matters to the faculty council concerned; (

j) determine the date for the beginning and end of lectures in the university and also the beginning and end of each university term; (

k) make rules and regulatio ns for the management and operation of libraries; (

l) recommend to the board the establishment of faculties, schools, departments, chairs and programs of study in the university in any subject that the general faculties council thinks fit; (

m) make rules and regulations respecting academic awards;

Section 27

Chapter P-19.5 POST-SECONDARY LEARNING ACT 28 (

n) determine standards and po licies respecting the admission of persons to the university as students; (

o) make recommendations to the board with respect to affiliation with other institutions, academic planning, campus planning, a building program, the budget, the regulation of residences and dining halls, procedures in respect of appointments, promotions, salaries, tenure and dismissals, and any other matters considered by the general faculties council to be of interest to the university; (

p) authorize lecturing and t eaching on the university premises by persons other than members of the staff of the university; (

q) authorize a school to have a school council of the same nature and with the same powers, duties and functions as a faculty council and, in its discretion, revoke any authority so given.

(2) Any recommendations from the general faculties council to the board must be transmitted to the board through the president.

(3) A general faculties council may delegate any of its powers, duties and functions under this Act, including the powers referred to in

section 31, as it sees fit and may prescribe conditions governing the exercise or performance of any delegated power, duty or function, including the power of subdelegation. 2003 cP-19.5 s26;2009 c11 s2;2018 c19 s13 Deans’ Council Deans’ council 27(1) Each university must have a deans’ council that shall consist of (

a) the president, who is the chair, (

b) the vice-presidents, (

c) the dean of each faculty, and (

d) any other officers of the university that may be designate d by the council.

(2) The deans’ council is an advisory body to the president of the university, the board and the general faculties council and has the powers, duties and functions that are delegated to it.

Section 28

Chapter P-19.5 POST-SECONDARY LEARNING ACT 29 Faculty and School Councils Faculty councils 28(1) Each faculty of a university must have a faculty council.

(2) A faculty council, other than that of a faculty of graduate studies, shall consist of (

a) the dean of the faculty, who is the chair, (

b) the president, (

c) all full-time members of the academic staff of the faculty, (

d) any representative of a pro fessional association appointed pursuant to subsection (4), and (

e) any other persons who are appointed to the faculty council by the general faculties council on the recommendation of the faculty council.

(3) The faculty council of a faculty of graduate studies shall consist of (

a) the dean of the faculty, who is the chair, (

b) the president, and (

c) any other persons who are appointed to the faculty council by the general faculties council.

(4) When by statute a body has regulatory powers in respect of a profession for which a faculty offers a program of study, the general faculties council shall appoint to the faculty council of that faculty a representative of that body nominated by that body. Powers of faculty councils 29(1) A faculty council may (

a) determine the programs of study for which the faculty is established, (

b) appoint the examiners for examinations in the faculty, conduct the examinations and determine the results of them, (

c) provide for the admission of students to the faculty, (

d) determine the conditions under which a student must withdraw from or may continue the student’s program of studies in the faculty, and

Section 30

Chapter P-19.5 POST-SECONDARY LEARNING ACT 30 (

e) authorize the gr anting of degrees, subject to any conditions or restrictions that are imposed by the general faculties council.

(2) A meeting of a faculty council must be held at any time on the summons of the dean of the faculty.

(3) A faculty council may delegate any of its powers, duties and functions under this Act as it sees fit and may prescribe conditions governing the exercise or performance of any delegated power, duty or function, including the power of subdelegation. 2003 cP-19.5 s29;2009 c11 s3 School councils 30 When the general faculties council authorizes a school of the university to have a school council, (

a) the director of the school may exercise and perform all th e powers, duties and functions of a dean of a faculty, and (

b) the school council shall be of the same nature as and may exercise the powers and perform the duties and functions of a faculty council, subject to any conditions or restrictions that are imposed by the general faculties council. Student Affairs Student discipline 31(1) The general faculties council has general supervision of student affairs at a university and in particular, but without restricting the generality of the foregoing, the general faculties council may (

a) subject to a right of appeal to the board, discipline students attending the university, and the power to discipline includes the power (

i) to fine students, (ii) to suspend the right of students to attend the university or to participate in any student activities, or both, and (iii) to expel students from the university; (

b) delegate its power to discipline students in any particula r case or generally to any person or body of persons, subject

Section 32

Chapter P-19.5 POST-SECONDARY LEARNING ACT 31 to any conditions with respect to the exercise of any delegated power that it considers proper; (

c) give to a student organization of the university the power s to govern the conduct of students it represents that the general faculties council considers proper.

(2) Any powers to govern the conduct of students given to a student organization pursuant to subsection (1)(

c) are subject to the overriding control of the board, the president and the general faculties council. Council on student affairs 32(1) A general faculties council may establish a council on student affairs to exercise immediate jurisdiction over student affairs with respect to any matters and in any manner the general faculties council determines and to exercise or perform any other powers, duties and functions the general faculties council determines.

(2) A council on student affairs may consist of (

a) members of the academic staff of the university, (

b) students of the university, and (

c) officers of the university who have administrative responsibility for student affairs.

(3) A council on student affairs may make bylaws governing the calling of its meetings and the quorum and conduct of business at its meetings and generally as to the conduct of its affairs.

Establishment of Comprehensive Community Colleges as Undergraduate Universities or Polytechnic Institutions Establishment as undergraduate universities or polytechnic institutions 32.1(1) Notwithstanding anything in this Act, the Lieutenant Governor in Council may by order, effective on the date set out in the order, establish an existing comprehensive community college as an undergraduate university or a polytechnic institution, and the university or polytechnic institution so established is deemed to have been established respectively under

section 3.1 or 40.

Section 32.1

Chapter P-19.5 POST-SECONDARY LEARNING ACT 32

(2) An order under subsection (1) must designate the name of the university or polytechnic institution, as the case may be, and the name of its board of governors.

(3) Where an order is made under subsection (1) to establish a comprehensive community college as an undergraduate university or polytechnic institution, as the case may be, (

a) the board of governors of the comprehensive community college is continued under the name set out in the order, and is deemed established as the board of governors of the undergraduate university or polytechnic institution, as the case may be, with the powers and duties of a board of an undergraduate university or polytechnic institution, as the case may be, and with the same members until the membership is changed in accordance with

section 16 or 43, as the case may be, or the terms of office of the members expire, (

b) the academic council of t he comprehensive community college becomes, (

i) in the case of the establishment of the comprehensive community college as an undergraduate university, the general faculties council of the undergraduate university, with the powers and duties of a general faculties council of an undergraduate university, and with the same members until the membership is changed in accordance with

section 23 or the terms of office of the members expire, or (ii) in the case of the establishment of the comprehensive community college as a polytechnic institution, the academic council of the polytechnic institution, with the same members until the terms of office of the members expire, (

c) the academic staff association of the comprehensive community college is continued and becomes the academic staff association of the undergraduate university or polytechnic institution, as the case may be, with the powers and duties of an academic staff association of an undergraduate university or polytechnic institution, as the case may be, and with the same executive membership until the terms of office of the members expire, and (

d) the students association of the comprehensive community college is continued and becomes the students association of the undergraduate university or polytechnic institution, as

Section 32.2

Chapter P-19.5 POST-SECONDARY LEARNING ACT 33 the case may be, with the powers and duties of a students association of an undergraduate university or polytechnic institution, as the case may be, and with the same council membership until the terms of office of the members expire. 2018 c19 s15 Mount Royal University, Grant MacEwan University 32.2(1) On the coming into force of this subsection, Mount Royal University and Grant MacEwan University are deemed established as undergraduate universities under

section 3.1 under the names Mount Royal University and Grant MacEwan University.

(2) On the coming into force of this subsection, the corporations known as The Board of Governors of Mount Royal University and The Board of Governors of Grant MacEwan University are continued and deemed established under

section 16 as corporations under those names, with the powers and duties of a board of an undergraduate university and with the same members until the membership is changed in accordance with

section 16 or the terms of office of the members expire.

(3) On the coming into force of this subsection, The Mount Royal University Faculty Association and The Faculty Association of Grant MacEwan University are continued under their same names and deemed to be the academic staff associations of the respective undergraduate universities referred to in subsection (1), with the powers and duties of an academic staff association of an undergraduate university.

(4) On the coming into force of this subsection, the academic councils of Mount Royal University and Grant MacEwan University become general faculties councils of the respective undergraduate universities, with the powers and duties of a general faculties council of an undergraduate university and with the same members until the membership is changed in accordance with

section 23 or the terms of office of the members expire.

(5) On the coming into force of this subsection, the students associations of Mount Royal University and Grant MacEwan University are continued under their same names as the students associations of the respective undergraduate universities referred to in subsection (1), with the powers and duties of a students association of an undergraduate university. 2018 c19 s15 Alberta College of Art and Design 32.3(1) On the coming into force of this subsection, Alberta College of Art and Design is deemed to be established as an

Section 32.3

Chapter P-19.5 POST-SECONDARY LEARNING ACT 34 undergraduate university under

section 3.1 under the name Alberta University of the Arts. (2) On the coming into force of this subsection, the corporation known as The Board of Governors of Alberta College of Art and Design is continued under the name The Board of Governors of Alberta University of the Arts and deemed to have been established under

section 16(1), with the powers and duties of a board of an undergraduate university and with the same members until the membership is changed in accordance with

section 16 or the terms of office of the members expire.

(3) On the coming into force of this subsection, the Alberta College of Art and Design Faculty Association is continued under the name Alberta University of the Arts Faculty Association and deemed to have been established under

section 85, with the powers and duties of an academic staff association of an undergraduate university.

(4) On the coming into force of this subsection, the academic council of Alberta College of Art and Design becomes the general faculties council of Alberta University of the Arts, with the powers and duties of a general faculties council of an undergraduate university and with the same members until the membership is changed, subject to subsection (5), in accordance with

section 23 or the terms of office of the members expire.

(5) Notwithstanding

section 24(2)(a), the number of elected members of the general faculties council of Alberta University of the Arts must be greater than the number of persons who are members of the general faculties council of Alberta University of the Arts by virtue of their offices.

(6) On the coming into force of this subsection, the students association of Alberta College of Art and Design is continued under the name Alberta University of the Arts Students’ Association and deemed to have been established under

section 93, with the powers and duties of a students association of an undergraduate university.

(7) Notwithstanding

section 102.8(2), Alberta University of the Arts may offer graduate level programs. 2018 c19 s15 33 to 35 Repealed 2018 c19 s16. (NOTE: Notwithstanding the repeal of sections 33 to 35, those sections continue to apply in respect of Athabasca University. See SA 2018 c19 s16(2).)

Section 36

Chapter P-19.5 POST-SECONDARY LEARNING ACT 35 Miscellaneous Use of word “university”, coat of arms or crest 36(1) Except on and in accordance with an authorization of the board, no person shall assume or use (

a) the coat of arms or crest of a university, or (

b) any design in imitation of the coat of arms or crest of a university.

(2) Except on and in accordance with an authorization of the board, no person shall use the name of a university or any derivation or abbreviation of the name (

a) in the name of any business or undertaking, (

b) in any advertising, or (

c) in the name of any thing, place or building.

(3) No organization that is or purports to be an educational institution, other than a comprehensive academic and research university or an undergraduate university, may use the word “university” or any derivation or abbreviation of it in its name or in any advertising relating to it unless that body (

a) is acting in accordance with an authorization of the board under subsection (2), (

b) is a non-resident institutio n approved under the regulations under

section 124(k), (b.1) repealed 2018 c19 s17, (

c) is an institution specifically authorized to use the word or expression in its name by

an Act of the legislature of another jurisdiction, by the public authority in another jurisdiction having overall responsibility for the body or by an authority having responsibility in another jurisdiction for the accreditation of post-secondary institutions, or (

d) is a private post-secondary institution that has been designated as an institution that may grant a degree and has the Minister’s written approval to use the word “university” or any derivation or abbreviation of the word.

(4) A person who contravenes this

section is guilty of an offence and liable to a fine of not more than $5000.

Section 38

Chapter P-19.5 POST-SECONDARY LEARNING ACT 36

(5) If a person contravenes this section, the Court of King’s Bench on application (

a) by the university in respect of a contravention of subsection (2), or (

b) by the Minister in respect of a contravention of subsectio n (3), may grant an injunction enjoining the person from continuing the contravention of this section. 2003 cP-19.5 s36;2009 c11 s4;2009 c53 s138;2018 c19 s17; AR 217/2022 36.1 Repealed 2018 c19 s18. 37 Repealed 2020 c39 s12. Religious freedom 38(1) No religious test shall be required of any officer or employee or student of a university nor shall religious observances according to the form of any religious denomination or sect be imposed on any of them. (2) Subsection (1) does not take away or impair any right of a private post-secondary institution or institution affiliated with a university (

a) to make any provision with regard to religious instruction and religious worship for its own students that it considers proper, and (

b) to require the observance of those provisions as part of i ts own discipline. 2003 cP-19.5 s38;2018 c19 s20

Part 2 Comprehensive Community Colleges and Polytechnic Institutions Definition 39 In this Part, “board” means the board of governors of a comprehensive community college or a polytechnic institution. 2003 cP-19.5 s39;2018 c19 s22

Section 40

Chapter P-19.5 POST-SECONDARY LEARNING ACT 37 Establishment Establishment of comprehensive community colleges and polytechnic institutions 40 The Lieutenant Governor in Council may by order establish a comprehensive community college or polytechnic institution and shall designate the name of each comprehensive community college or polytechnic institution so established. 2003 cP-19.5 s40;2018 c19 s23 Initial Governing Authority Initial governing authority 41(1) When the Lieutenant Governor in Council establishes a comprehensive community college or polytechnic institution under

section 40, the Lieutenant Governor in Council may (

a) establish an initial gove rning authority for the comprehensive community college or polytechnic institution consisting of one or more members; (

b) appoint the member or members of the initial governing authority and, if the Lieutenant Governor in Council appoints more than one member, shall designate one of them as its chair; (

c) specify the name of the initial governing authority; (

d) confer or impose on the i nitial governing authority any powers or duties the Lieutenant Governor in Council considers necessary in connection with the carrying out of its responsibilities.

(2) An initial governing authority is a corporation with the name given to it by the Lieutenant Governor in Council and consists of the persons appointed as its member or members.

(3) The members of the initial governing authority (

a) may be paid remuneration for the performance of their duties as members of the initial governing authority, and (

b) shall be paid travelling and living expenses while away fr om their ordinary places of residence in the course of their duties as members of the initial governing authority, at the rates prescribed by the Lieutenant Governor in Council.

Section 42

Chapter P-19.5 POST-SECONDARY LEARNING ACT 38

(4) An initial governing authority shall exercise its powers and perform its duties until it is dissolved by an order of the Lieutenant Governor in Council.

(5) The Lieutenant Governor in Council may make any order the Lieutenant Governor in Council considers necessary in respect of the disposition of the rights, property, debts and obligations of the initial governing authority on its dissolution. 2003 cP-19.5 s41;2018 c19 ss59,60 Powers and duties of initial governing authority 42(1) Notwithstanding anything in this Act and in addition to the powers and duties conferred or imposed on the initial governing authority under

section 41(1)(d), an initial governing authority of a comprehensive community college or polytechnic institution (

a) may exercise the powers and perform the duties of (

i) the president, until the appointment of the first presiden t, (ii) the board, until the commen cement of the board’s first meeting, and (iii) the academic council, un til the commencement of the academic council’s first meeting, a n d (

b) may exercise the powers and perform the duties referred to in clause (

a) either in its own name or in the name of the president, the board or the academic council, as the case may be.

(2) Notwithstanding anything in this Act, the initial governing authority of a comprehensive community college or polytechnic institution (

a) shall, subject to

section 58.6 of the Labour Relations Code, after consulting with the academic staff association and with any other bargaining agent representing employees of the comprehensive community college or polytechnic institution affected by the designation, do one or both of the following: (

i) designate categories of employees as academic staff members of the comprehensive community college or polytechnic institution; (ii) designate individual employees as academic staff members of the comprehensive community college or polytechnic institution,

Section 43

Chapter P-19.5 POST-SECONDARY LEARNING ACT 39 (

b) shall prescribe procedures respecting the election of (

i) the first executive of the academic staff association at the comprehensive community college or polytechnic institution, and (ii) the first councils of the student organizations at the comprehensive community college or polytechnic institution, a n d (

c) may, subject to

section 58.6 of the Labour Relations Code, change a designation made under this subsection after consulting with the academic staff association and with any other bargaining agent representing employees of the comprehensive community college or polytechnic institution affected by the change in designation. 2003 cP-19.5 s42;2017 c4 s2;2018 c19 ss59,60 Board of Governors Board of governors 43(1) The Lieutenant Governor in Council shall by order establish a board of governors for each comprehensive community college and polytechnic institution.

(2) Each board is a corporation with the name given to it by the Lieutenant Governor in Council. 2003 cP-19.5 s43;2018 c19 ss59,60 Composition of board 44(1) The board of a polytechnic institution shall consist of the following members: (

a) repealed 2005 c44 s2; (

b) the following persons appointed by the Minister: (i) 2 students nominated by the council of the students association, (ii) 2 academic staff member s nominated by the academic staff association, and (iii) one member of the non- academic staff who is not engaged in the administration of the polytechnic institution nominated by the non-academic staff association;

Section 45

Chapter P-19.5 POST-SECONDARY LEARNING ACT 40 (c) 10 persons appointed by the Lieutenant Governor in Council, one of whom shall be designated as chair; (c.1) additional persons appointed by the Lieutenant Governor in Council on the recommendation of the Minister; (

d) the president of the polytechnic institution.

(2) The board of a comprehensive community college shall consist of the following members: (

a) repealed 2005 c44 s2; (

b) the following persons appointed by the Minister: (

i) one academic staff member nominated by the academic staff association, (ii) 2 students nominated by the council of the students association, and (iii) one member of the non- academic staff who is not engaged in the administration of the comprehensive community college nominated by the non-academic staff association; (c) 7 persons appointed by the Lieutenant Governor in Council, one of whom shall be designated as chair; (c.1) additional persons appointed by the Lieutenant Governor in Council on the recommendation of the Minister; (

d) the president of the comprehensive community college.

(3) The members of the board may elect from among themselves a person to act as chair in the absence or inability to act of the chair.

(4) The members of the board must act in the best interests of the comprehensive community college or polytechnic institution. 2003 cP-19.5 s44;2005 c44 s2;2018 c19 ss24,59,60 Programs boards must provide 45(1) The board of a polytechnic institution shall provide, with respect to one or more designated trades under the Skilled Trades and Apprenticeship Education Act, the classroom instruction required as part of an apprenticeship education program.

(2) The board of a polytechnic institution or comprehensive community college shall establish a process for the review and

Section 46

Chapter P-19.5 POST-SECONDARY LEARNING ACT 41 approval of proposed programs of study to be submitted to the Minister. 2003 cP-19.5 s45;2018 c19 s25;2021 c17 s1(4) Academic Council Academic council 46(1) Subject to

section 47.1, for each comprehensive community college and polytechnic institution there is to be an academic council consisting of (

a) the president, who is the ch air unless a chair is elected under subsection (5); (

b) not more than 4 senior offi cials, appointed as members of the council by the board; (

c) subject to subsection (2), n ot more than 10 academic staff members, elected by the academic staff association of the comprehensive community college or polytechnic institution; (

d) not more than 10 students, appointed by the council of the students association; (

e) not more than 5 additional members, appointed by the board.

(2) The number of academic staff members elected to the academic council under subsection (1)(

c) shall in no case be less than 1/3 of the total number of members of the academic council.

(3) The term of office of members of the academic council shall be determined by the board.

(4) Where any question arises as to the composition of the academic council or any matter concerning the election of academic staff members or students to an academic council, the question shall be decided by the board and the board’s decision is final.

(5) The academic council may elect a chair from among its members. 2003 cP-19.5 s46;2005 c45 s3;2018 c19 ss26,59,60 Powers and duties 47(1) An academic council (

a) shall make recommendations or reports to the board with respect to any matter that the board refers to the academic

Section 47.1

Chapter P-19.5 POST-SECONDARY LEARNING ACT 42 council, including academic policy related to the following matters: (

i) standards and policy respecting the selection and admission of students other than students in classroom instruction that is part of an apprenticeship education program; (ii) courses and programs of instruction or training provided or to be provided by the board; (iii) academic awards, (

b) shall, in accordance with t he process established under

section 45(2), review proposed programs of study to be offered by the comprehensive community college or polytechnic institution, and make a report respecting that review, and (

c) may make recommendations o r reports to the board on any other matter the academic council considers advisable.

(2) A recommendation or report of an academic council under subsection (1) must be in writing and must be transmitted to the board through the president for consideration at its next meeting. 2003 cP-19.5 s47;2018 c19 ss27,59,60;2021 c17 s1(5);2023 c9 s26 Alternative academic council 47.1(1) Instead of having an academic council established under

section 46, a comprehensive community college or polytechnic institution that meets the criteria established under the regulations may, with the written approval of the Minister, establish an academic council in accordance with the procedures established in the regulations under subsection (4).

(2) Section 47 does not apply to an academic council established under this section.

(3) If a comprehensive community college or polytechnic institution establishes an academic council under this section, any academic council established for that comprehensive community college or polytechnic institution under

section 46 or continued for that comprehensive community college or polytechnic institution under

Part 5 is dissolved.

(4) The Lieutenant Governor in Council may make regulations for the purposes of this section, including regulations (

a) respecting the establishmen t of criteria that a comprehensive community college or polytechnic institution must meet in

Section 48

Chapter P-19.5 POST-SECONDARY LEARNING ACT 43 order to be eligible to apply for approval to establish an academic council under subsection (1), (a.1) respecting the procedures for establishing and dissolving academic councils under this section, (

b) respecting the composition of academic councils established under this section, and (

c) prescribing the powers and duties that academic councils established under this

section may exercise or perform. 2005 c45 s4;2007 c7 s2;2018 c19 ss28,59,60 Miscellaneous Use of “college”, “technical institute”, “comprehensive community college” or “polytechnic institution” 48 No board under the Education Act may use the term “college”, “technical institute”, “comprehensive community college” or “polytechnic institution” in connection with its educational or other activities. 2003 cP-19.5 s48;2012 cE-0.3 s288;2018 c19 s29 49 Repealed 2005 c44 s3.

Part 3 The Banff Centre Definition 50 In this Part, “board” means the board of governors of Banff Centre. Continuation 51 The Banff Centre is continued with the object of providing the public with access to a broad range of learning experience with emphasis on the fine arts, management studies, language training and environmental training. 2003 cP-19.5 s51;2008 c25 s6 Board of governors 52(1) The board of governors of Banff Centre is continued as a corporation under the name “Board of Governors of The Banff Centre” and consists of the following members: (

a) the chair of the board appointed by the Lieutenant Governo r in Council,

Section 53

Chapter P-19.5 POST-SECONDARY LEARNING ACT 44 (

b) the president, (c) 5 persons, in addition to the chair, appointed by the Lieutenant Governor in Council, and (d) 9 persons appointed by the remaining members of the board, one of whom must have been nominated by the Minister of the Crown in right of Canada charged with the administration of the National Parks Act (Canada).

(2) The members of the board may elect one member to act as chair in the absence of the chair or in the event of the chair’s inability to act.

(3) At least 5 of the 9 members appointed to the board under subsection (1)(

d) must be Canadian citizens or lawfully admitted to Canada for permanent residence.

(4) If a member of the board, other than the president, is absent without the permission of the board from 3 consecutive meetings of the board, the member’s office immediately becomes vacant.

(5) The members of the board must act in the best interests of Banff Centre. 2003 cP-19.5 s52;2008 c25 s7

Part 4 Public and Private Post-secondary Institutions

Definitions 53 In this Part, (

a) repealed 2005 c44 s4. (b) “Crown” means the Crown in right of Alberta. 2003 cP-19.5 s53;2005 c44 s4 Division 1 Administration Membership of Board Eligibility 54 A person who is an employee of the board of a public post-secondary institution may not be appointed as or remain a member of the board if the person (

a) is a voting member of the executive body or an officer of an academic or non-academic staff association of that public post-secondary institution, or

Section 55

Chapter P-19.5 POST-SECONDARY LEARNING ACT 45 (

b) has the responsibility, or the joint responsibility with others, of negotiating with the board, on behalf of the academic or non-academic staff association of that public post-secondary institution, the terms and conditions of service of members of the association. Remuneration and expenses 55 The members of the board (

a) may be paid remuneration for the performance of their duties as members of the board, and (

b) shall be paid for travellin g and living expenses incurred while away from their ordinary places of residence in the course of their duties as members of the board, at the rates prescribed by the board and in accordance with any applicable regulations under the Alberta Public Agencies Governance Act. 2003 cP-19.5 s55;2009 cA-31.5 s66;2025 c15 s5 Term of office and vacancy 56(1) Subject to sections 52(4), 57 and 101, a person appointed as a member of a board (

a) holds office for a term not exceeding 3 years as prescribed in the appointment, and (

b) continues to hold office af ter the expiry of the person’s term of office until the person is reappointed, the person’s successor is appointed or a period of 3 months has elapsed, whichever occurs first.

(2) An appointed member of a board is eligible to be reappointed for a 2nd or subsequent term if the reappointment would not result in the member serving for a total of more than 6 years.

(2.01) A person who has served a total of 6 years as a member of the board is eligible to be reappointed as a member if at least 3 years have elapsed since the person’s last term expired.

(2.1) Repealed 2018 c19 s30.

(3) Notwithstanding subsections (2) and (2.01), but subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act,

Section 57

Chapter P-19.5 POST-SECONDARY LEARNING ACT 46 (

a) the chair of a board is always eligible for reappointment or redesignation on the conclusion of the chair’s term of office, and (

b) an appointed member of a board is eligible for appointment or redesignation as chair even if (

i) the appointment or redes ignation as chair would result in the member serving for terms totalling more than 6 years, or (ii) less than 3 years has ela psed since the member’s last term expired.

(4) If a vacancy occurs on a board, a person may be appointed as a member of the board to serve the balance of the unexpired term of office of the former member (

a) by the Lieutenant Governo r in Council, if the former member was appointed by the Lieutenant Governor in Council, (

b) by the Minister, if the former member was appointed by the Minister, or (

c) by the remaining members of the board, if the former member was appointed under

section 52(1)(d).

(5) The following periods must be disregarded in determining a number of years for the purposes of subsection (2) or (2.01): (

a) any period during which a person continues to hold office under subsection (1)(b); (

b) any period during which a member appointed under subsection (4) serves the balance of an unexpired term. 2003 cP-19.5 s56;2007 c7 s3;2009 cA-31.5 s66; 2018 c19 s30;2021 c17 s1(6) Termination 57(1) The term of office of a member of a board terminates when (

a) in the case of a person nominated by the general faculties council of a university, that person ceases to be an academic staff member at that university, (

b) in the case of a person n ominated by the academic staff association of a public post-secondary institution, that person ceases to be an academic staff member at that

Section 58

Chapter P-19.5 POST-SECONDARY LEARNING ACT 47 comprehensive community college or polytechnic institution, (

c) in the case of a person nom inated by the non-academic staff association of a public post-secondary institution, that person ceases to be a member of the non-academic staff of that public post-secondary institution, (

d) in the case of a person n ominated by the council of a students association of a public post-secondary institution, that person ceases to be a student at that public post-secondary institution, (

e) in the case of a person n ominated by the council of a graduate students association of a university, that person ceases to be a graduate student at that university, (

f) in the case of a person nominated by the senate of a university, that person ceases to be a member of the senate of that university, or (

g) that person may no longer remain a member pursuant to

section 54.

(2) If a member of a board resigns from the board, the member’s appointment as a member terminates on the effective date specified in the member’s resignation or, if no effective date is specified, on the date the board receives the resignation. 2003 cP-19.5 s57;2008 c25 s8;2018 c19 ss59,60 Majority and quorum 58(1) A majority of the persons holding office from time to time as members of a board constitutes a quorum of the board.

(2) As long as there is a quorum of the board, (

a) the board is deemed to be properly constituted notwithstanding that there are any vacancies on the board, and (

b) any resolution or bylaw passed by a majority of the members present at a meeting of the board at which a quorum is present binds all the members of the board. Board Powers and Duties Natural person powers 59(1) A board has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.

Section 60

Chapter P-19.5 POST-SECONDARY LEARNING ACT 48

(2) With respect to any right, power or privilege exercisable by the board, the Lieutenant Governor in Council may, by regulation, (

a) prohibit the use of the right, power or privilege; (

b) restrict the use of the r ight, power or privilege; (

c) provide that the right, power or privilege be exercised subject to any terms or conditions prescribed in the regulations.

(3) Notwithstanding subsection (1), the board of a public post-secondary institution shall not engage in or carry on any activity that is not within the mandate of the public post-secondary institution contained in the investment management agreement entered into under

section 78. 2003 cP-19.5 s59;2008 c25 s9;2020 c3 s3 General powers and duties 60(1) The board of a public post-secondary institution shall (

a) manage and operate the public post-secondary institution i n accordance with its mandate, (

b) develop, manage and operate, alone or in co-operation with any person or organization, programs, services and facilities for the economic prosperity of Alberta and for the educational or cultural advancement of the people of Alberta, (

c) establish admission require ments for students of the public post-secondary institution other than students in classroom instruction that is part of an apprenticeship education program, and (

d) make and publish rules (

i) respecting the enrolment of students to take courses, programs of study or training provided by the board, and (ii) governing the taking of courses, programs of study or training provided by the board.

(2) Subject to

section 58.6 of the Labour Relations Code, the board of a public post-secondary institution other than Banff Centre may, after consulting with the academic staff association of the institution and with any other bargaining agent representing employees of the institution affected by the designation or change in designation, do one or more of the following:

Section 61

Chapter P-19.5 POST-SECONDARY LEARNING ACT 49 (

a) designate categories of employees as academic staff members of the public post-secondary institution; (

b) designate individual employees as academic staff members of the public post-secondary institution; (

c) change a designation made u nder clause (

a) or (

b) or under

section 5(2) or 42(2). 2003 cP-19.5 s60;2008 c25 s10;2017 c4 s2;2018 c19 s31; 2021 c17 s1(7) Tuition fees and mandatory non-instructional fees 61(1) The board of a public post-secondary institution shall set (

a) the tuition fees to be paid by students of the public post-secondary institution, and (

b) the mandatory non-instructional fees to be paid by student s of the public post-secondary institution.

(2) The tuition fees and mandatory non-instructional fees referred to in subsection (1) for all public post-secondary institutions other than Banff Centre must be set in accordance with this

section and the regulations.

(3) In setting the tuition fees for an academic year, the board may increase the tuition fees to be paid by domestic students, subject to any restrictions on increasing tuition fees set out in the regulations, (

a) if the average tuition fee increase per domestic student does not exceed the product of (

i) the average tuition fees per domestic student in the preceding academic year, excluding any tuition fees that were subject to an exceptional tuition fee increase in that year, multiplied by (ii) in respect of (

A) the 2023-2024 academic year, the percentage annual change in the Alberta CPI, determined in accordance with the regulations, or (

B) the 2024-2025 academic year and subsequent academic years, 2%, o r

Section 62

Chapter P-19.5 POST-SECONDARY LEARNING ACT 50 (

b) in respect of a specific ap proved program of study or in respect of classroom instruction in an apprenticeship education program, by means of an exceptional tuition fee increase made in accordance with the regulations.

(3.1) Repealed 2025 c15 s5.

(4) The Minister may by order prohibit the boards of all public post-secondary institutions other than Banff Centre from increasing tuition fees for domestic students and mandatory non-instructional fees for an academic year.

(5) If the board of a public post-secondary institution other than Banff Centre sets a mandatory non-instructional fee, the board shall set an amount for the fee that is less than or equal to the cost incurred by the public post-secondary institution to provide the goods or to deliver the services for which the fee is set.

(6) The board of a public post-secondary institution other than Banff Centre shall not introduce a new mandatory non-instructional fee unless the board has obtained written approval from each of the public post-secondary institution’s students’ councils. 2003 cP-19.5 s61;2005 c44 s5;2006 c26 s2;2018 c19 s32: 2019 c18 s12;2021 c17 s1(8);2023 c3 s15;2025 c15 s5 61.01 Repealed 2021 c17 s1(9). 61.1 Repealed 2018 c19 s33. Delegation of powers 62 A board may delegate in writing to any person any power, duty or function conferred or imposed on it by this Act, except the power to make bylaws. Settlement of questions 63(1) In this section, “body”, (

a) in respect of a comprehe nsive academic and research university, means a senate, a general faculties council, a deans’ council, a faculty council, a faculty, a school council and a school of the university, (

b) in respect of an undergraduate university, means a general faculties council, a deans’ council, a faculty council, a faculty, a school council and a school of the university, and

Section 64

Chapter P-19.5 POST-SECONDARY LEARNING ACT 51 (

c) in respect of a comprehe nsive community college or polytechnic institution, means an academic council of the comprehensive community college or polytechnic institution.

(2) Where the powers or duties of any officer, employee or body of a public post-secondary institution are not definitely provided for in this Act, the board of the public post-secondary institution shall decide any question that arises regarding those powers and duties.

(3) The decision of the board under subsection (2) is final. 2003 cP-19.5 s63;2018 c19 s34 Student discipline 64 The board of a comprehensive community college, polytechnic institution or Banff Centre may (

a) discipline students attending the public post-secondary institution, and the power to discipline students includes the power (

i) to fine students, (ii) to suspend the right of students to attend the public post-secondary institution or to participate in any student activities, or both, and (iii) to expel students from the public post-secondary institution, a n d (

b) delegate its power to discipline students in any particula r case or generally to any person or body of persons, subject to any conditions with respect to the exercise of any delegated power that it considers proper. 2003 cP-19.5 s64;2018 c19 s35 Collection of personal information 65 The board of a public post-secondary institution may require a student of the public post-secondary institution to provide personal information to the board if (

a) the personal information re lates directly to and is necessary for an operating program or activity of the public post-secondary institution, (

b) the Minister requires the board to collect the personal information under

section 118, or

Section 66

Chapter P-19.5 POST-SECONDARY LEARNING ACT 52 (

c) the Minister requires the board to collect the personal information under the regulations. Acquisition of land 66(1) A board may acquire any interest in land for the purposes of the board in conducting the affairs of the public post-secondary institution.

(2) If the Lieutenant Governor in Council considers it appropriate the Minister may, on a request by the board, expropriate land for the purposes of the public post-secondary institution.

(3) If the Minister expropriates land on behalf of the board, the board shall pay to the Minister the costs associated with the expropriation and the compensation payable to the owner of the land by the Minister. 2003 cP-19.5 s66;2005 c44 s6 Disposition of land 67(1) In this section, (a) “donated land” means land that has been donated or devised to a public post-secondary institution or its board, other than land donated by a municipality, the Government of Alberta or the Government of Canada; (b) “support services” has the meaning given to it in the regulations.

(1.1) A board shall not, without the prior approval of the Minister, (

a) sell or exchange any interest in land, other than donated land, that is held by and being used for the purposes of the board, or (

b) lease for a term that exceeds 5 years any land held by the board unless the lease is to a person that will use the land for the purpose of providing support services to the students, faculty or staff of the public post-secondary institution.

(2) Notwithstanding subsection (1.1), a board may dispose of minerals held by it in any manner it considers proper.

(3) A sale, exchange or lease referred to in subsection (1.1) is subject to any trust in accordance with which a board holds the land or the interest in land. 2003 cP-19.5 s67;2007 c7 s4;2020 c3 s3

Section 68

Chapter P-19.5 POST-SECONDARY LEARNING ACT 53 Ownership of intellectual property 68(1) Unless otherwise agreed to by the board, the ownership of any invention, work, information or material, regardless of form, including any patent, copyright, technological or industrial design process or trademark acquired or produced by an officer of the public post-secondary institution or an employee of the board that results from or is connected with the officer’s or employee’s duties or employment vests in the board and may be made available to the public under conditions, on payment of fees or royalties or otherwise, as the board may determine.

(2) The board may compensate a person described in subsection (1).

(3) The board may enter into an agreement with a person to whom the board has provided or proposes to provide facilities, equipment or financial aid providing for the respective rights, obligations and liabilities of the board and the person with respect to the ownership of any invention, work, information or material, regardless of form, including any patent, copyright, technological or industrial design process or trademark acquired or produced by the person while engaged in a project funded in whole or in part by the board. 2003 cP-19.5 s68;2025 c15 s5 Pensions and annuities 69(1) For the purposes of this section, (a) “designated pension plans ” means the Local Authorities Pension Plan, the Management Employees Pension Plan, the Universities Academic Pension Plan, the Public Service Pension Plan and the Teachers’ Pension Plan; (b) “registered pension plan” means a pension plan which is registered or accepted for registration under the Income Tax Act (Canada).

(2) A board may (

a) apply for pension coverage under one or more designated pension plans for its employees, (

b) subject to approval of the proposed plan by the Lieutenant Governor in Council, establish a registered pension plan as an alternative to a designated pension plan for its employees who do not participate in a designated plan referred to in clause (a), provided that the employer contribution rate to that plan does not exceed the employer contribution rate to the comparable designated pension plan,

Section 70

Chapter P-19.5 POST-SECONDARY LEARNING ACT 54 (

c) subject to approval of the proposed plan by the Minister, establish a pension plan which is supplementary to a plan referred to in clause (

a) or (b), and (

d) make the appropriate employer contributions to such plan o r plans.

(3) A pension plan established before the coming into force of this Act and listed in the regulations is deemed to have been validly established, effective from the date the plan was established, notwithstanding that the plan may not have been given the approval or designation required by the enactment under which it was established. Financial Matters Fiscal year 70 The fiscal year of a board is the period established as the fiscal year by the Minister. Auditor 71 The Auditor General is the auditor of the board of a public post-secondary institution other than Banff Centre.

Borrowing 72(1) A board may borrow from any bank or treasury branch or from any other person any sum of money required to meet the expenses of the public post-secondary institution until the time the revenues for the current year are available.

(2) Any borrowings made pursuant to subsection (1) must be repaid out of and are a first charge on the revenues of the current year, and may be secured by a promissory note or notes given on behalf of the board in any manner the board may arrange.

(3) Subject to the approval of the Minister, a board may for the purposes of the public post-secondary institution, as defined in

section 73, borrow by way of temporary loans from any bank or treasury branch or from any other person any sums of money on any terms that the board determines, by way of an overdraft or line of credit or by the pledging as security for the temporary loans of notes, bonds, debentures or other securities of the board pending the sale of them, or instead of selling them, or in any other manner the board determines.

(4) Any cheques, promissory notes or other instruments that may be necessary or desirable in connection with the borrowing of money and the obtaining of advances by way of a temporary loan

Section 73

Chapter P-19.5 POST-SECONDARY LEARNING ACT 55 under subsection (3) may be executed in any manner the board determines. Debenture borrowing 73(1) Subject to the approval of the Minister, a board, for the purposes of the public post-secondary institution, may from time to time borrow any sums of money the board requires and may from time to time issue notes, bonds, debentures or other securities that (

a) bear interest at a rate or r ates determined by the board, (

b) are in a denomination or denominations determined by the board, (

c) are payable as to principal and interest (

i) in the currency or currencies of any country or countries, (ii) at any place or places, (iii) at any time or times, and (iv) in any manner, determined by the board, (

d) may be made redeemable in wh ole or in

part in advance of maturity (

i) at any time or times, (ii) on any terms, and (iii) at any price or prices, e ither with or without premium, determined by the board, and (

e) may be issued in amounts that will realize the net sum required by the board for the purposes of the public post-secondary institution.

(2) When the authorizing resolution of a board made under subsection (1) contains a recital or declaration that the amount of the notes, bonds, debentures or other securities authorized by the resolution is necessary to realize the net sum required for the purposes of the public post-secondary institution, the recital or declaration is conclusive proof of the facts stated in it.

Section 74

Chapter P-19.5 POST-SECONDARY LEARNING ACT 56

(3) Subject to the approval of the Minister, a board may sell or otherwise dispose of any notes, bonds, debentures or other securities on any terms and conditions it considers advisable, either at their par value or at less or more than their par value, and may charge, pledge, hypothecate, deposit or deal with any of those securities as collateral security.

(4) Any notes, bonds, debentures or other securities and the coupons, if any, attached to them must be in the form and must be executed in the manner and by the persons determined by the board.

(5) In this section, “purposes of the public post-secondary institution” includes (

a) acquiring any real property; (

b) erecting, repairing, adding to, furnishing or equipping an y building; (

c) the repayment or refunding from time to time of the whole or any part of any borrowings made by the board; (

d) the payment of any other liability or indebtedness of the board; (

e) the carrying out of any of the powers and duties of the board. 2003 cP-19.5 s73;2020 c3 s3 Guarantees 74(1) If approved by the Lieutenant Governor in Council and in accordance with the regulations, the principal and interest of any amount borrowed by a board or notes, bonds, debentures and other securities issued by a board may be guaranteed by the Crown.

(2) Without prior approval of the Lieutenant Governor in Council a board may not give a guarantee of the obligations of any other person. Banking and investment 75(1) A board must, for the purposes of short-term cash management, keep its funds in a bank, a treasury branch, a credit union, a loan corporation or a trust corporation.

(2) When making investments a board must adhere to the investment and lending policies, standards and procedures approved under subsection (3).

Section 76

Chapter P-19.5 POST-SECONDARY LEARNING ACT 57

(3) The board must, by resolution, approve policies, standards and procedures that a reasonable and prudent person would apply in respect of a portfolio of investments to avoid undue risk of loss and to obtain a reasonable return.

(4) The contravention of subsection (2) does not by itself make any agreement or transaction void or invalid. Pooled trust fund 76(1) In this section, “pooled trust fund” means a fund that consists of a trust fund and one or more other funds combined for the purpose of investment and that allocates to each trust an amount computed by reference to the value of that trust’s proportionate interest in the assets of the fund.

(2) A board may (

a) provide for the establishment, management, investment and winding-up of a pooled trust fund, (

b) alter the terms and conditi ons of a trust to allow the trust to participate in a pooled trust fund, (

c) alter the terms and conditi ons of a trust to enable income earned by the trust to be withheld from distribution to avoid fluctuations in the amounts distributed and generally to regulate the distribution of income earned by the trust, (c.1) alter the terms and cond itions of a trust to enable the board to encroach on the capital of the trust to avoid fluctuations in the amounts distributed and generally to regulate the distribution of income earned by the trust if, in the opinion of the board, the encroachment benefits the public post-secondary institution and does not impair the long-term value of the fund, and (

d) provide for remuneration for the trustee of a pooled trust fund and the trusts that participate in the pooled trust fund out of the income earned by the pooled trust fund. 2003 cP-19.5 s76;2007 c7 s5 Approval respecting Financial Administration Act 77 A board must obtain the approval of the Minister for (

a) an incorporation, (

b) the acquisition of a subsidiary corporation either directl y or indirectly through the acquisition of a majority of shares in the corporation, or

Section 78

Chapter P-19.5 POST-SECONDARY LEARNING ACT 58 (

c) the dissolution of a corporation prior to seeking Lieutenant Governor in Council approval under the Financial Administration Act. Accountability of Board Investment management agreements, budgets and capital plans 78(1) In this

section and sections 79 and 80, “board” includes the governing body of an independent academic institution.

(2) A board shall enter into an investment management agreement with the Minister that includes (

a) the mandate of the institution, (

b) performance metrics for the institution, and (

c) anything else determined by the Minister.

(3) The mandate of a public post-secondary institution referred to in subsection (2)(

a) must be consistent with the role of the public post-secondary institution under

Part 4, Division 2.

(4) The Minister may establish the form of the agreement referred to in subsection (2) and the date by which the agreement must be entered into.

(5) The board shall prepare and approve a budget, which must be submitted to the Minister on or before the date specified by the Minister.

(6) The board of a public post-secondary institution shall not submit a budget in which consolidated operating expense exceeds consolidated operating revenue unless the board has the written approval of the Minister to do so.

(7) The board of a public post-secondary institution must prepare and approve a capital plan, which must be submitted to the Minister on or before the date specified by the Minister.

(8) The following are deemed to satisfy the requirement of a board as the governing body of an accountable organization under

section 10(2) of the Sustainable Fiscal Planning and Reporting Act to prepare and give to the Minister a business plan for each fiscal year in the form, at a time and containing the information acceptable to the Minister:

Section 79

Chapter P-19.5 POST-SECONDARY LEARNING ACT 59 (

a) the entering into by the board with the Minister of an agreement under subsection (2) that applies to that fiscal year; (

b) the preparation and approval by the board of a budget unde r subsection (5) and of a capital plan under subsection (7), and the submission of the budget and the capital plan to the Minister in the form and containing the information acceptable to the Minister on or before the date specified by the Minister. 2003 cP-19.5 s78;2018 c19 s36;2020 c3 s3;2021 c17 s1(10); 2023 c3 s15 78.1 Repealed 2018 c19 s37. Annual report 79(1) Each year a board must prepare and submit to the Minister a report that includes (

a) the audited financial statements for the preceding fiscal year, and (

b) any other information the Minister requires.

(2) The annual report must be submitted to the Minister on or before the date specified by the Minister. Other reports and information 80 The board must submit to the Minister any reports or other information required by the Minister in the form and manner determined by the Minister. 2003 cP-19.5 s80;2018 c19 s38 Officers and Staff President 81(1) The board of a public post-secondary institution shall appoint the president of the public post-secondary institution.

(2) The board shall prescribe the term of office of the president and the remuneration to be paid to the president by the board.

(3) A president has general supervision over and direction of the operation of the public post-secondary institution and has those other powers, duties and functions that are assigned to the president by the board.

(4) A president may delegate in writing any of the president’s powers, duties or functions as the president considers appropriate

Section 82

Chapter P-19.5 POST-SECONDARY LEARNING ACT 60 and may prescribe conditions governing the exercise or performance of any delegated power, duty or function, including the power of subdelegation. Vice-presidents 82(1) A board may appoint the number of vice-presidents for the public post-secondary institution that the board considers advisable.

(2) A vice-president has the powers, duties and functions that are assigned to the vice-president by the board on the recommendation of the president. Officers and employees 83 A board shall (

a) hire any employees and a ppoint any officers or other persons it considers necessary for the proper conduct of the affairs of the public post-secondary institution and may promote or dismiss the officers, employees and other persons, (

b) determine the remuneration of the officers and employees, (

c) prescribe the duties of t he officers and employees, and (

d) prescribe the term of employment and the terms and conditions of employment of the officers and employees. 2003 cP-19.5 s83;2008 c25 s12 Academic staff 84(1) In this section, “collective agreement” includes an agreement between a board and an academic staff association that was made under

section 87 before the repeal of

section 87 and that is still in effect.

(2) The board of a public post-secondary institution other than Banff Centre shall, subject to

section 22(2), employ any persons it considers necessary to serve as academic staff members at the public post-secondary institution.

(3) A board shall, subject to any collective agreement, (

a) determine the remuneratio n of academic staff members, (

b) prescribe the duties of academic staff members, and

Section 85

Chapter P-19.5 POST-SECONDARY LEARNING ACT 61 (

c) prescribe the term of employment and the terms and conditions of employment of academic staff members. 2003 cP-19.5 s84;2017 c4 s2;2018 c19 s39 Academic staff associations 85(1) The Lieutenant Governor in Council shall by order establish an academic staff association for each public post-secondary institution other than the Banff Centre.

(2) Each academic staff association is a corporation with the name given to it by the Lieutenant Governor in Council and consists of the academic staff members of the public post-secondary institution.

(3) Repealed 2017 c4 s2. 2003 cP-19.5 s85;2017 c4 s2 Academic staff association executive 86(1) The business and affairs of an academic staff association shall be managed by an executive, the members of which shall be elected by the academic staff members.

(2) The academic staff association shall, with the approval of the academic staff members, make bylaws governing its affairs, and those bylaws shall contain provisions governing at least the following matters: (

a) the election of members of the executive of the academic staff association; (

b) the number of persons and the officers of which the executive is to consist, and their duties, powers and remuneration; (

c) the calling of general and special meetings of the academic staff association and of the executive; (

d) the conduct of business at the meetings referred to in cla use (c), including the number constituting a quorum at a meeting and the method of voting; (

e) the charging of membership fees and the amount of those fees; (e.1) in its role as bargaining agent, the charging of union d ues and the amount of those dues; (

f) the acquisition, management and disposition of property of the academic staff association;

Section 90

Chapter P-19.5 POST-SECONDARY LEARNING ACT 62 (

g) the audit of accounts; (

h) the manner of making, altering and rescinding bylaws; (

i) the preparation and custody of (

i) minutes of meetings of th e academic staff association and of the executive, and (ii) books and records of the academic staff association; (

j) the time and place at which t he minutes, books and records of the academic staff association may be inspected by members. 2003 cP-19.5 s86;2020 c28 s13 87 to 89 Repealed 2017 c4 s2. Application of labour law 90 The Employment Standards Code does not apply to the following: (

a) the initial governing author ity of a public post-secondary institution when acting as the employer of its academic staff members, academically employed graduate students and postdoctoral fellows; (

b) the board of a public post- secondary institution when acting as the employer of its academic staff members, academically employed graduate students and postdoctoral fellows; (

c) the academically employe d graduate students of a university; (

d) the postdoctoral fellows o f a comprehensive academic and research university; (

e) the academic staff member s of a public post-secondary institution. 2003 cP-19.5 s90;2017 c4 s2;2018 c19 s40 91 and 92 Repealed 2017 c4 s2. Postdoctoral fellows associations 92.1(1) The Lieutenant Governor in Council may by order establish a postdoctoral fellows association for each comprehensive

Section 92.2

Chapter P-19.5 POST-SECONDARY LEARNING ACT 63 academic and research university and shall give the association a name consisting of the words “The Postdoctoral Fellows Association of” followed by the name of the university.

(2) Each postdoctoral fellows association is a corporation with the name given to it by the Lieutenant Governor in Council and consists of the postdoctoral fellows of the comprehensive academic and research university.

(3) An order under subsection (1) must prescribe the procedures respecting the election of the first executive of the postdoctoral fellows association. 2017 c4 s2;2018 c19 s41 Postdoctoral fellows associations executive 92.2(1) The business and affairs of a postdoctoral fellows association shall be managed by an executive, the members of which shall be elected by the members of the association.

(2) The postdoctoral fellows association shall, with the approval of the members of the association, make bylaws governing its affairs, and those bylaws must contain provisions governing at least the following matters: (

a) the election of members of the executive of the postdoctoral fellows association; (

b) the number of persons and the officers of which the executive is to consist, and their duties, powers and remuneration; (

c) the calling of general a nd special meetings of the postdoctoral fellows association and of the executive; (

d) the conduct of business at the meetings referred to in cla use (c), including the number constituting a quorum at a meeting and the method of voting; (

e) the charging of membership fees and the amount of those fees; (e.1) in its role as bargaining agent, the charging of union d ues and the amount of those dues; (

f) the acquisition, management and disposition of property of the postdoctoral fellows association; (

g) the audit of accounts; (

h) the manner of making, altering and rescinding bylaws;

Section 93

Chapter P-19.5 POST-SECONDARY LEARNING ACT 64 (

i) the preparation and custody of (

i) minutes of meetings of the postdoctoral fellows association and of the executive, and (ii) books and records of the postdoctoral fellows association; (

j) the time and place at which t he minutes, books and records of the postdoctoral fellows association may be inspected by members. 2017 c4 s2;2020 c28 s13 Student Affairs Students association 93(1) The Lieutenant Governor in Council shall by order establish a students association for each public post-secondary institution other than Banff Centre and shall give the students association a name consisting of the words “The Students Association of” followed by the name of the public post-secondary institution.

(2) Each students association is a corporation and consists of the students of the public post-secondary institution, other than students enrolled only in non-credit courses and, in the case of a university with a graduate students association, graduate students.

(3) The students association of a public post-secondary institution shall provide for the administration of student affairs at the public post-secondary institution, including the development and management of student committees, the development and enforcement of rules relating to student affairs and the promotion of the general welfare of the students consistent with the purposes of the public post-secondary institution.

(4) If it has the approval of the board to do so, a students association may acquire real property by purchase, lease or otherwise and may hold and dispose of it. 2003 cP-19.5 s93;2005 c44 s7;2018 c19 s42 Graduate students association 94(1) If a university offers a program of graduate studies, the Lieutenant Governor in Council may by order establish a graduate students association for the university and shall give the graduate students association a name consisting of the words “The Graduate Students Association of” followed by the name of the university.

(2) Each graduate students association is a corporation and consists of the graduate students of the university.

Section 95

Chapter P-19.5 POST-SECONDARY LEARNING ACT 65

(3) The graduate students association of a university shall provide for the administration of graduate student affairs at the university, including the development and management of graduate student committees, the development and enforcement of rules relating to graduate student affairs and the promotion of the general welfare of the graduate students consistent with the purposes of the university.

(4) If it has the approval of the board to do so, a graduate students association may acquire real property by purchase, lease or otherwise and may hold and dispose of it. 2003 cP-19.5 s94;2007 c7 s6 Management of student organizations 95(1) The business and affairs of a student organization of a public post-secondary institution must be managed by a council, the members of which are (

a) to be elected by and from the members of the student organization as provided in the bylaws made by the council under subsection (2), or (

b) if it is the first council of the student organization, to be elected in accordance with the procedures prescribed by the initial governing authority under

section 5(2)(b)(ii) or 42(2)(b)(ii).

(2) The council of a student organization may make bylaws governing (

a) the requirements for membership in the student organization; (

b) the qualifications for election as a member of the council and the time and manner of conducting the elections; (

c) the number of persons and the officers that the council is to consist of; (

d) the calling of meetings of the council and the quorum and conduct of business at those meetings; (

e) in the case of a students a ssociation, the maintenance of the association by the levy of membership fees on its members; (

f) in the case of a graduate students association, the maintenance of the association by the levy of membership fees on its members; (f.1) in the case of a graduate students association, its role as bargaining agent for academically employed graduate

Section 97

Chapter P-19.5 POST-SECONDARY LEARNING ACT 66 students, which must require the association to ascertain and act on the wishes of the academically employed graduate students; (f.2) in the case of a graduate students association in its role as bargaining agent for academically employed graduate students, the charging of union dues and the amount of those dues; (

g) the acquisition, management and disposition of property by the student organization; (

h) any other matter pertaining to the management and affairs of the student organization.

(2.1) A bylaw made under subsection (2)(f.1) must be filed with the Labour Relations Board for approval.

(2.2) The Labour Relations Board shall approve the bylaw if it is satisfied that the bylaw requires the association to ascertain and act on the wishes of the academically employed graduate students.

(2.3) Repealed 2020 c39 s12.

(3) Repealed 2005 c44 s8.

(4) The council of a students association is the official channel of communication between the students of a public post-secondary institution, other than graduate students in the case of a university with a graduate students association, and the board.

(5) The council of a graduate students association is the official channel of communication between the graduate students of a university and the board. 2003 cP-19.5 s95;2005 c44 s8;2017 c4 s2;2018 c19 s43; 2020 c28 s13;2020 c39 s12 96 Repealed 2017 c4 s2. Audit of student organizations 97(1) Each student organization of a public post-secondary institution shall provide audited financial statements annually to the board of the public post-secondary institution and shall make the audited financial statements available to students of the public post-secondary institution on request.

Section 98

Chapter P-19.5 POST-SECONDARY LEARNING ACT 67

(2) Where an investigator appointed under

section 99 finds irregularities in the management of the financial affairs of a student organization, the Minister may (

a) suspend or terminate the term of office of one or more members of the council of the student organization, (

b) appoint an administrator to exercise the powers and perfor m the duties of the council until a new council is elected, and (

c) take any other ac tion that the Minister considers appropriate to remedy the irregularity.

(3) An administrator appointed under subsection (2)(

b) shall be paid the remuneration and expenses determined by the Minister out of the funds of the student organization. Student petitions 98(1) Members of a student organization may, by a petition that is determined to be sufficient in accordance with a bylaw passed under

section 95(2), require the council of the student organization to conduct a vote on and implement any resolution pertaining to the affairs of the student organization.

(2) If a council has not passed the bylaw referred to in subsection (1), the petition is sufficient if it is signed by at least 10% of the members of the student organization. Amalgamation with society 98.1(1) In this section, “society” means a society incorporated or continued under the Societies Act.

(2) In accordance with this section, the students association of a public post-secondary institution may amalgamate with a society and continue as a students association.

(3) The council of a students association may, by resolution, approve an amalgamation with a society, and the governing body of a society may, by resolution, approve an amalgamation with a students association.

(4) The Minister may recommend to the Lieutenant Governor in Council that an order be made amalgamating the students association of a public post-secondary institution and a society if (

a) the Minister is satisfied t hat the primary purpose of the society is to provide for the administration of student affairs at the public post‑secondary institution,

Section 98.1

Chapter P-19.5 POST-SECONDARY LEARNING ACT 68 (

b) the students association has provided to the Minister a co py of the resolution to amalgamate approved by the students association that is certified to be a true copy by a member of the council of the students association, and (

c) the society has provided to the Minister a copy of the resolution to amalgamate approved by the society that is certified to be a true copy by a director of the society.

(5) On receiving a recommendation under subsection (4), the Lieutenant Governor in Council may, by order, amalgamate the students association and the society.

(6) An order made under subsection (5) must (

a) specify the date that the a malgamation takes effect, and (

b) designate the name of th

Document details

Collection	Alberta — Consolidated Statutes
Citation	RSA 2000 cP-19.5
Type	statute
Volume / chapter	RSA 2000 cP-19.5
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	26aa66fdf62cee579e1ccf5c93981b9a558837cc

Source file is stored in the law ingest library (pdf).