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2003 Legislative Session: 4th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE SHIRLEY BOND

MINISTER OF ADVANCED EDUCATION

BILL 35 – 2003

ADVANCED EDUCATION STATUTES

AMENDMENT ACT, 2003

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

College and Institute Act

Section 1 of the College and Institute Act, R.S.B.C. 1996, c.

52, is amended in the definition of "university" by repealing

paragraph (d).

Section 2 (1) (a), (

d) and (

e) is repealed and the following

substituted:

(

a) establish, in consultation with institutions, policy

or directives for post secondary education and training in British Columbia;

Section 3 (d) (ii) is amended by striking out "associate

or baccalaureate degree" and substituting "associate degree, baccalaureate

degree or applied masters degree" .

Section 5 (1) is repealed and the following substituted:

(1) The Lieutenant Governor in Council may designate any of the following:

(

a) a college;

(

b) the area of British Columbia that is the college region of a college designated under this section;

(

c) a university college;

(

d) the area of British Columbia that is the university college region of a university college designated under this section;

(

e) a Provincial institute.

5 The following

section is added:

Designation of degrees by minister

5.1 The minister may, by order, designate any

of the following:

(

a) an applied baccalaureate degree that a college may grant and the name for the applied baccalaureate degree;

(

b) a baccalaureate degree that a university college may grant and the name for the baccalaureate degree;

(

c) a baccalaureate degree that a Provincial institute may grant and the name for the baccalaureate degree;

(

d) an applied masters degree that a university college or Provincial institute may grant and the name for the applied masters degree;

(

e) an honorary degree that a university college or Provincial institute may grant and the name for the honorary degree.

Section 31 (1) is repealed and the following substituted:

(1) An institution must not plan for or incur a deficit.

(1.1) If a deficit occurs, or if at any time during the fiscal year a deficit is forecast, the board must

(

a) report it to the minister immediately, and

(

b) within 30 days of the report under paragraph (a), submit to the minister a deficit management plan acceptable to the minister.

7 Sections 32 and 39 are repealed.

Section 44 is amended

(

a) by repealing subsections (1) and (3), and

(

b) in subsection (2) by repealing paragraphs (

a) and (

b) and substituting the following:

(

a) the total of unexpended amount of the grant made to the institution in the fiscal year is reduced by the value of the benefits that the employee would have received for the period of the withdrawal of services or the lockout if the employee had worked, and

(

b) the amount of the reduction calculated under paragraph (

a) is a debt to the government and

(

i) must be paid by the institution to the government, or

(ii) must be withheld by the minister from future grants to the institution in that fiscal year or a future fiscal year.

Section 51 is repealed and the following substituted:

Application of the Company Act

51 The Company Act does not apply to an

institution, but on the recommendation of the minister, the Minister of Finance,

by regulation, may declare that all or part of that Act applies to the institution.

Degree Authorization Act

Section 2 (1) (

c) of the Degree Authorization Act, S.B.C. 2002,

c. 24, is repealed.

Financial Administration Act

Section 1 of the Financial Administration Act, R.S.B.C. 1996,

c. 138, is amended in the definition of "government body" by adding

"and" at the end of paragraph (c.1) and by repealing paragraph

(c.2).

Section 56.1 (1) is amended in the definition of "institution"

by repealing paragraph (d).

Financial Information Act

Schedule 2 of the Financial Information Act, R.S.B.C. 1996,

c. 140, is amended by striking out "Open Learning Agency" .

Freedom of Information and Protection of Privacy Act

Schedule 1 of the Freedom of Information and Protection of

Privacy Act, R.S.B.C. 1996, c. 165, is amended in the definition of "educational

body" by repealing paragraph (f).

Institute of Technology Act

Section 13 is amended by striking out "Lieutenant Governor

in Council designates." and substituting "minister, by order,

designates."

Section 14 (2) (

g) is amended by striking out ", other

than money granted under

section 24," .

Section 22 is repealed and the following substituted:

Finances

(1) The fiscal year of the institute ends on

March 31 in each year.

(2) The board must not plan for or incur a deficit.

(3) If a deficit occurs, or if at any time during the fiscal year a deficit is forecast, the board must

(

a) report it to the minister immediately, and

(

b) within 30 days of the report under paragraph (a), submit to the minister a deficit management plan acceptable to the minister.

Section 23 (3) is amended by striking out "Section

22 (6)" and substituting "Section 22 (2) and (3)" .

19 Sections 24, 27 and 29 (2) are repealed.

Motor Vehicle Act

Section 21 (2) (b) (vii) of the Motor Vehicle Act, R.S.B.C.

1996, c. 318, is repealed.

Municipal Finance Authority Act

Section 1 of the Municipal Finance Authority Act, R.S.B.C.

1996, c. 325, is amended in the definition of "public institution"

by adding "and" at the end of paragraph (f), by striking out "and"

at the end of paragraph (

g) and by repealing paragraph (h).

Section 11 (1) (

j) is repealed.

Private Post-Secondary Education Act

Section 1 (1) of the Private Post-Secondary Education Act,

R.S.B.C. 1996, c. 375, as amended by

section 15 (

b) of the Degree Authorization

Act, S.B.C. 2002, c. 24, is amended in paragraph (c) (iii) of the definition

of "post-secondary education" by striking out "the open

university established under the Open Learning Agency Act ," .

Public Education Flexibility and Choice Act

Section 1 of the Public Education Flexibility and Choice Act,

S.B.C. 2002, c. 3, is amended by repealing the definition of "institution"

and substituting the following:

"institution" means a college, a university college

or a Provincial institute or other institute established under the College

and Institute Act or the Institute of Technology Act ; .

Public Sector Employers Act

Section 1 of the Public Sector Employers Act, R.S.B.C. 1996,

c. 384, is amended in paragraph (

e) of the definition of "public sector

employer" by striking out "or the Open Learning Agency" .

Royal Roads University Act

Section 3 (5) of the Royal Roads University Act, R.S.B.C. 1996,

c. 409, is repealed and the following substituted:

(5) The Company Act does not apply to the university, but on the recommendation of the minister, the Minister of Finance, by regulation, may declare that all or part of that Act applies to the university.

School Act

Section 170.2 of the School Act, R.S.B.C. 1996, c. 412, is

amended

(

a) in subsection (1) in the definition of "public post-secondary

institution" by repealing paragraph (c), and

(

b) in subsection (4) (

c) by striking out " Act ;"

and substituting " Act , R.S.B.C. 1996, c. 341;" .

Trinity Western University Foundation Act

Section 2 of the Trinity Western University Foundation Act,

S.B.C. 1989, c. 82, is amended

(

a) by repealing subsections (2) and (7) and substituting the following:

(2) The corporation consists of 5 members appointed by the board of governors of the university.

(7) The board of governors may designate one of the members

of the corporation as the chair of the board. , and

(

b) in subsection (9) (

c) by striking out "chairperson"

and substituting "chair" in both places.

University Act

Section 1 of the University Act, R.S.B.C. 1996, c. 468, is

amended in the definition of "faculty member" by striking

out "on a full time basis" and by striking out "who has

served for 4 months or longer" .

Section 3 (4) and (5) is repealed and the following substituted:

(4) The Company Act does not apply to a university, but on the recommendation of the minister, the Minister of Finance, by regulation, may declare that all or part of that Act applies to a university.

Section 19 (

e) and (

f) is amended by striking out "full

time" .

Section 23 (1) (

f) is repealed.

Section 29 (1) is repealed and the following substituted:

(1) If a deficit occurs, or if at any time during the fiscal year a deficit is forecast, the board must

(

a) report it to the minister immediately, and

(

b) within 30 days of the report under paragraph (a), submit to the minister a deficit management plan acceptable to the minister.

Section 35 (2) is amended

(

a) in paragraph (

h) by striking out "full time" , and

(

b) by repealing paragraph (j).

Section 67 (6) is repealed.

University Foundations Act

Section 1 of the University Foundations Act, R.S.B.C. 1996,

c. 471, is amended by repealing the definition of "board of governors"

and substituting the following:

"board" means the board of a foundation;

Section 2 (2), (3), (6) and (7) is repealed and the following

substituted:

(2) A foundation referred to in subsection (1) consists of a board of 5 members appointed by the board of governors of the relevant university.

(3) The term of office of a member appointed under subsection (2) is 3 years.

(7) The board of governors of the relevant university must designate as the chair one of the members of the board of the foundation.

38 Sections 2 (8) and (9), 7, 8 (1), 10 (2), 11 (1) and (3), 12

and 13 are amended by striking out "of governors" wherever it

appears.

Section 6 is repealed and the following substituted:

Bylaws

6 A board may establish the bylaws of the foundation.

University of Victoria Foundation Act, 1979

Section 3 (3) (

b) and (

c) of the University of Victoria Foundation

Act, 1979, S.B.C. 1979, c. 38, is repealed and the following substituted:

(c) 4 members appointed by the university board, and

Transitional – Trinity Western University Foundation

Act

41 Despite the amendment of

section 2 of the Trinity

Western University Foundation Act by

section 30 of this Act, any individuals

appointed under

section 2 of the Trinity Western University Foundation Act

before the coming into force of

section 30 of this Act whose terms of office

as members of the corporation had not expired, continue to hold office until

their terms would have expired if

section 30 of this Act had not been brought

into force.

Transitional – University Act

42 Despite the repeal of

section 35 (2) (

j) of

the University Act by

section 36 (

b) of this Act, any individuals appointed

under

section 35 (2) (

j) of the University Act before the coming into

force of

section 36 (

b) of this Act whose terms of office as members of a university

senate had not expired, continue to hold office until their terms would have

expired if

section 36 (

b) had not been brought into force.

Transitional – University Foundations Act

43 Despite the amendment of

section 2 (2) of the

University Foundations Act by

section 40 of this Act, any individuals

appointed under

section 2 (2) of the University Foundations Act before

the coming into force of

section 40 of this Act whose terms of office as members

of a university foundation had not expired, continue to hold office until their

terms would have expired if

section 40 of this Act had not been brought into

force.

Transitional – University of Victoria Foundation

Act, 1979

44 Despite the amendment of

section 3 (3) of the

University of Victoria Foundation Act, 1979 by

section 43 of this Act,

any individuals appointed under

section 3 (3) of the University of Victoria

Foundation Act, 1979 before the coming into force of

section 43 of this

Act whose terms of office as members of the foundation board had not expired,

continue to hold office until their terms would have expired if

section 43 of

this Act had not been brought into force.

Commencement

45 This Act comes into force by regulation of

the Lieutenant Governor in Council.

Explanatory Notes

College and Institute Act

SECTION 1: [College and Institute Act, amends

section 1] is consequential

to the repeal of the Open Learning Agency Act by

section 22 of that Act.

SECTION 2: [College and Institute Act, amends

section 2 (1)]

is self-explanatory.

SECTION 3: [College and Institute Act, amends

section 3 (d) (ii)]

adds applied masters degrees to the list of degrees that the minister may require

an institution to grant in order to provide consistency with the Degree Authorization

Act .

SECTION 4: [College and Institute Act, repeals and replaces

section 5

(1)] removes designation of degrees by the Lieutenant Governor in Council

so that they may be designated by the minister under new

section 5.1 enacted

by this Bill.

SECTION 5: [College and Institute Act, enacts

section 5.1] provides

for the designation of degrees by the minister.

SECTION 6: [College and Institute Act, amends

section 31] is

self-explanatory.

SECTION 7: [College and Institute Act, repeals sections 32 and 39]

is self-explanatory.

SECTION 8: [College and Institute Act, amends

section 44] is

self-explanatory.

SECTION 9: [College and Institute Act, re-enacts

section 51]

substitutes a power to apply provisions of the Company Act .

Degree Authorization Act

SECTION 10: [Degree Authorization Act, repeals

section 2 (1) (c)]

is consequential to the repeal of the Open Learning Agency Act by

section 22

of that Act.

Financial Administration Act

SECTION 11: [Financial Administration Act, amends

section 1]

is consequential to the repeal of the Open Learning Agency Act by

section

22 of that Act.

SECTION 12: [Financial Administration Act, amends

section 56.1 (1)]

is consequential to the repeal of the Open Learning Agency Act by

section

22 of that Act.

Financial Information Act

SECTION 13: [Financial Information Act, amends

Schedule 2] is

consequential to the repeal of the Open Learning Agency Act by

section

22 of that Act.

Freedom of Information and Protection of Privacy Act

(Ministry of Management Services)

SECTION 14: [Freedom of Information and Protection of Privacy Act, amends

Schedule 1] is consequential to the repeal of the Open Learning Agency

Act by

section 22 of that Act.

Institute of Technology Act

SECTION 15: [Institute of Technology Act, amends

section 13]

is self-explanatory.

SECTION 16: [Institute of Technology Act, amends

section 14 (2) (g)]

is consequential to the repeal of

section 24 of the Act by this Bill.

SECTION 17: [Institute of Technology Act, re-enacts

section 22]

is self-explanatory.

SECTION 18: [Institute of Technology Act, amends

section 23 (3)]

is consequential to the re- enactment of

section 22 of the Institute of Technology

Act by this Bill.

SECTION 19: [Institute of Technology Act, repeals sections 24, 27 and

29 (2)] is self-explanatory.

Motor Vehicle Act

SECTION 20: [Motor Vehicle Act, repeals

section 21 (2) (b) (vii)]

is consequential to the repeal of the Open Learning Agency Act by

section

22 of that Act.

Municipal Finance Authority Act

SECTION 21: [Municipal Finance Authority Act, amends

section 1]

is consequential to the repeal of the Open Learning Agency Act by

section

22 of that Act.

SECTION 22: [Municipal Finance Authority Act, repeals

section 11 (1)

(j)] is consequential to the repeal of the Open Learning Agency Act

section 22 of that Act.

Private Post-Secondary Education Act

SECTION 23: [Private Post-Secondary Education Act, amends

section 1 (1)]

is consequential to the repeal of the Open Learning Agency Act by

section

22 of that Act.

Public Education Flexibility and Choice Act

SECTION 24: [Public Education Flexibility and Choice Act, amends

section

1] is consequential to the repeal of the Open Learning Agency Act

section 22 of that Act.

Public Sector Employers Act

SECTION 25: [Public Sector Employers Act, amends

section 1] is

consequential to the repeal of the Open Learning Agency Act by

section

22 of that Act.

Royal Roads University Act

SECTION 26: [Royal Roads University Act, repeals and replaces

section

3 (5)] substitutes a power to apply provisions of the Company Act .

School Act

SECTION 27: [School Act, amends

section 170.2] is consequential

to the repeal of the Open Learning Agency Act by

section 22 of that Act.

Trinity Western University Foundation Act

SECTION 28: [Trinity Western University Foundation Act, amends

section

2] repeals the power of the Lieutenant Governor in Council to appoint

members of the corporation of the foundation.

University Act

SECTION 29: [University Act, amends

section 1] is self-explanatory.

SECTION 30: [University Act, amends

section 3] substitutes a

power to apply provisions of the Company Act .

SECTION 31: [University Act, amends

section 19 (

e) and (f)] is

self-explanatory.

SECTION 32: [University Act, repeals

section 23 (1) (f)] is self-explanatory.

SECTION 33: [University Act, repeals and replaces

section 29 (1)]

is self-explanatory.

SECTION 34: [University Act, amends

section 35 (2)] repeals the

power of the Lieutenant Governor in Council to appoint members of the senate

of a university.

SECTION 35: [University Act, repeals

section 67 (6)] is consequential

to the repeal of the Open Learning Agency Act by

section 22 of that Act.

University Foundations Act

SECTION 36: [University Foundations Act, amends

section 1] clarifies

the definition of "board" with reference to a foundation.

SECTION 37: [University Foundations Act, amends

section 2] provides

for the members and the chair of each foundation to be appointed by the board

of governors of the relevant university.

SECTION 38: [University Foundations Act, amends sections 2, 7, 8 and

10 to 13] corrects statute revision errors.

SECTION 39: [University Foundations Act, re-enacts

section 6]

is self-explanatory.

University of Victoria Foundation Act, 1979

SECTION 40: [University of Victoria Foundation Act, 1979, amends

section

3 (3)] repeals the power of the Lieutenant Governor in Council to appoint

members of the foundation board.

SECTION 41: [Transitional – Trinity Western University Foundation Act]

provides for smooth transition for certain appointments of members of the corporation

under the Trinity Western University Foundation Act .

SECTION 42: [Transitional – University Act] provides for smooth

transition for certain appointments to the senates of universities.

SECTION 43: [Transitional – University Foundations Act] provides

for smooth transition for certain appointments of members of university foundations.

SECTION 44: [Transitional – University of Victoria Foundation Act, 1979]

provides for smooth transition for certain appointments of members of the foundation

board under the University of Victoria Foundation Act, 1979 .

Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada