Bill 47 — First Session, 20Th Legislature, 32 Elizabeth Ii the Legislative Assembly of Alberta Bill 47 Department of Advanced Education Act (Legislature 20, Session 1)

L20 S1 3667

Alberta — Bills

1983 BILL 47 First Session, 20th Legislature, 32 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 47 DEPARTMENT OF ADVANCED EDUCATION ACT THE MINISTER OF ADVANCED EDUCATION First Reading Second Reading Committee ofthe Whole Third Reading Royal Assent

BiU 47 BILL 47 1983 DEPARTMENT OF ADVANCED EDUCATION ACT (Assented to .1983) TABLE OF CONTENTS Department Stair

Definitions Department Staff Delegation Boards, committees and councUs Grants Agreements EstabUshment and operation of programs Regulations Amends RSA 1980 cB-1 Amends RSA 1980 cC-18 Amends SA 1981 cT-3.1 Amends RSA 1980 cU-5 Consequential amendments Repeal 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as foUows:

Definitions 1 lU this Act, (a) "Department" means the Department of Advanced Educa tion; (b) "Minister" means the Minister of Advanced Education; (c) "provinciaUy administered institution" means an advanced education mstitution owned by the Govemment and operated as part of the Department. 2 There shaU be a department of the Govemment caUed the De partment of Advanced Education over which shaU preside the mem ber ofthe Executive CouncU appointed by the Lieutenant Governor under the Great Seal of the Province as the Minister of Advanceo Education. 3(1) In accordance with the Public Service Act, there may be ap pointed a Deputy Minister of Advanced Education and any other employees required to conduct the business of the Department.

(2) The Mmister may appoint persons to advise him or to inquire into and report on matters under the Minister's administration and a person so appointed shaU be paid the remuneration and expenses that the Minister prescribes. )eiegation 4(1) The Minister may in writing delegate any power or duty con ferred or imposed on him by this Act or any other Act or regulation under his administration to an employee in the Department or an agent of, or a member, officer or employee of an agent of, the Gov emment. (2) Subsection (1) does not apply to any power or duty of the Min ister to make regulations. loards, 5(1) Thc Minister may estabUsh any boards, committees or councUs nd roindis ^^ cousidcrs ucccssary or desirable to act in an advisory or admin istrative capacity in connection with any of the policies, programs, services or other matters under his administration.

(2) The Minister may, with respect to any board, committee or coun cU estabUshed under this section, (

a) appoint or provide for the manner of appointment of its members, (

b) prescribe the term of office of any member, (

c) designate or provide for the designation of a chairman, vice- chairman and secretary, (

d) authorize, fix and provide for the payment of remuneration and expenses to its members, and (

e) make rules goveming the calling of its meetings, the conduct of busmess at its meetmgs, reporting and any other matters as required.

(3) A board, committee or councU estabUshed pursuant to this sec tion may make rules goveming any matter referred to in subsection (2)(

e) to the extent that the Minister has not made rules under that clause goveming the matter.

(4) A board, committee or councU estabUshed pursuant to this sec tion or any of its members acting on its behalf may exercise the powers and shaU perform the duties and fimctions that the Minister confers or imposes on it or him. 3rants 6(1) Thc Miuistcr may make grants if (

a) he is authorized to do so by regulations made under subsec tion (2), and (

b) there is authority avaUable in a supply vote for the purpose for which the grant is to be made.

(2) The Lieutenant Govemor in CouncU may make regulations (

a) authorizing the Minister to make grants;

Agreements Establishment and operation of programs (

b) respecting the purposes for which grants may be made; (

c) goveming appUcations for grants; (

d) respecting the persons or organizations or classes of persons or organizations eUgible for grants; (

e) respecting the conditions required to be met by any applicant for a grant to render that person eUgible for the grant; (

f) empowering the Minister in particular circumstances to waive eligibihty criteria prescribed under clause (

d) or (e); (

g) respecting the conditions on which a grant is made and re quiring the repayment of the grant to the Govemment if the conditions are not met; (

h) providing for the payment of a grant in a lump sum or by instalments and prescribing the time or times at which the grant or the instalments may be paid; (

i) authorizing the Minister to make deductions firom a grant; (

j) Umiting the amount of a grant or class of grant; (

k) authorizing the Minister to delegate in writing to any em ployee ofthe Govemment any power conferred or duty imposed on him by this

section or the regulations; (1) requiring a person or organization receiving a grant to account for the way in which the grant is spent in whole or in part; (

m) authorizing the Minister to enter into an agreement with respect to any matter relating to the payment of a grant.

(3) Regulations made under subsection (2) may be specific or general in their appUcation.

(4) Notwithstanding subsection (2)(g), the Minister may impose fur ther conditions not prescribed in the regulations on the maldng of a particular grant. 7(1) The Minister may enter into agreements on or in connection with any poUcies, programs, services or other matters under his administration.

(2) Without Umiting subsection (1), agreements may be made under that subsection with the Govemment of Canada or of a province or any agency ofthe Govemment of Canada or of a provmce. 8 The Mmister may estabUsh or operate any advanced education programs and services he considers necessary or deskable. Regulations 9 The Minister may make regulations (

a) for the estabUshment, operation, administration and manage ment of provinciaUy administered institutions;

(

b) prescribmg fees and other charges to be charged for any mat ter or service provided by the Department or a provinciaUy ad ministered institution; (

c) providing for the waiver of fees or other charges prescribed under this Act; (

d) conceming programs oflfered or to be oflTered by a provinciaUy administered institution; (

e) providing for the co-ordination of programs and services be tween 2 or more institutions offering advanced education pro grams or services; (

f) respecting the estabUshment of advisory or administrative committees at provinciaUy administered institutions. iSA 1980 cB-i 10 The Banff Centre Act is amended by adding the following after

section 17: jivestigation of 17.1

(1) The Minister may in writing appoint a person to examine .e Banff Centre aud iuSpCCt (

a) the financial condition, (

b) the administrative condition, or (

c) any other matter connected with the management, administration or operation, ofthe Banflf Centre.

(2) The person appointed by the Minister under subsection (1) may examine, inspect and take copies of (

a) aU books of record and account, (

b) aU bank books, (

c) electronicaUy stored information, and (

d) any other papers, documents or things, in the possession ofthe Banff Centre.

(3) The person having custody of the books, papers, documents and things mentioned in subsection (2) shaU make them avaUable to the person appointed under subsection (1) at the time the appointee requests them from him.

(4) The person appointed under subsection (1) may, during his examination and inspection, make any inquiries he thinks fit and may require and take evidence on oath.

(5) The person appointed under subsection (1) shall report to the Minister on his examination and inspection and on receipt ofthe report the Minister may make any order that to him seems proper.

RSA 1980 cc-18 11 The Colleges Act is amended by adding the following after sec tion 38: Investigation of public college Administrator for public college Effect of apfHjintment of administrator 38.1(1) The Minister may in vmtmg appoint a person to examine and inspect (

a) the financial condition, (

b) the administrative condition, or (

c) any other matter connected with the management, administration or operation, of a pubUc coUege.

(2) The person appointed by the Minister under subsection (1) may examine, inspect and take copies of (

a) aU books of record and account, (

b) aU bank books, (

c) electronicaUy stored information, and (

d) any other papers, documents or things, in the possession ofthe public coUege.

(3) The person having custody of the books, papers, docuinents and tilings mentioned in subsection (2) shaU make them avaUable to the person appointed under subsection (1) at the time the appointee requests them fi-om him.

(4) The person appointed under subsection (1) may, during his examination and inspection, make any inquiries he thinks fit and may require and take evidence on oath.

(5) The person appointed under subsection (1) shall report to the Minister on his examination and inspection and on receipt ofthe report the Minister may make any order that to him seems proper. 38.2(1) When in his opinion it is in the pubUc interest to do so, the Lieutenant Govemor in CoimcU may appoint an administra tor for a pubUc coUege.

(2) The administrator shaU be paid the remuneration and ex penses that the Minister prescribes and the payment shaU be made out of the funds of the coUege board.

(3) The admmistrator holds office for 1 year firom the effective date of his appointment unless the appointment is previously terminated by the Lieutenant Govemor in CouncU. 38.3(1) On the appointment of an administrator for a pubUc col lege, the terms of office of the members of the coUege board terminate.

(2) During the period of the administrator's appointment and with respect to the pubUc college for which he was appointed, (

a) he is the sole member of the coUege board and, in the name ofthe college board, may exercise the powers and shaU perform the duties ofthe college board, (

b) if the office of president of the pubhc coUege is or be comes vacant, he may exercise the powers and shall perform the duties that the president otherwise would have had, (

c) a reference in this Act, the regulations or any other docu ment to (

i) the coUege board or the board of govemors of the public college, (ii) the chairman of the coUege board, or (iu) the president, where the office of the president is vacant, shaU be read as a reference to the administrator, and (

d) the operation of sections 4, 4.1, 19(2) and, if the office of the president is or becomes vacant,

section 19(1), is sus pended. SA 1981 cT-3.1 12 The Technical Institutes Act is amended by adding the following after

section 27: Investigation of 27.1(1) The Minister may in writing appoint a person to examine technical institute and UlSpCCt (

a) the financial condition, (

b) the administrative condition, or (

c) any other matter connected with the management, administration or operation, of a technical institute.

(2) The person appointed by the Minister under subsection (1) may examine, inspect and take copies of (

a) aU books of record and accoimt, (

b) aU bank books, (

c) electronicaUy stored information, and (

d) any other papers, documents or things, in the possession ofthe technical institute.

(3) The person having custody ofthe books, papers, docurnents and thmgs mentioned in subsection (2) shall make them avaUable

Administrator for technical institute Effect of appointment of administrator to the person appointed under subsection (1) at the time the appointee requests them from him.

(4) The person appointed under subsection (1) may, during his examination and inspection, make any inquiries he thinks fit and may require and take evidence on oath.

(5) The person appointed under subsection (1) shaU report to the Minister on his examination and inspection and on receipt ofthe report the Minister may make any order that to him seems proper. 27.2(1) When in his opinion it is in the public interest to do so, the Lieutenant Govemor in CouncU may appoint an administra tor for a technical institute.

(2) The administrator shaU be paid the remuneration and ex penses that the Minister prescribes and the payment shall be made out of the funds of the board.

(3) The administrator holds office for one year from the effective date of his appointment unless the appointment is previously terminated by the Lieutenant Govemor in CouncU. 27.3(1) On the appointment of an administrator for a technical institute, the terms of office of the members of the board termi nate.

(2) During the period of the administrator's appointment and with respect to the technical institute for which he was appointed, (

a) he is the sole member of the board and, in the name of the board, may exercise the powers and shaU perform the duties of the board, (

b) in carrying out his responsibiUties under

section 12(3), the president is subject to any directions given to him by the administrator, (

c) if the office ofthe president is or becomes vacant, he may exercise the powers and shaU perform the duties that the pres ident otherwise would have had, (

d) a reference in this Act or any other document to (

i) the board or the board of govemors of the technical institute, (

u) the chairman ofthe board, or (ui) the president, where the office of the president is vacant, shaU be read as a reference to the administrator, and (

e) the operation of sections 5, 6, 12(2) and, if the ofl&ce of the president is or becomes vacant,

section 12(1), is sus pended.

RSA 1980 cu-5 13 The Universities Act is amended bv adding the following after

section 67: Investigation of university Consequential 68(1) The Minister may in writing appoint a person to examine and inspect (

a) the financial condition, (

b) the administrative condition, or (

c) any other matter connected with the management, administration or operation, of a university.

(2) The person appointed by the Minister under subsection (1) may examine, inspect and take copies of (

a) all books of record and account, (

b) aU bank books, (

c) electronicaUy stored information, and (

d) any other papers, documents or things, in the possession of the university.

(3) The person having custody of the books, papers, documents and things mentioned in subsection (2) shaU make them available to the person appointed under subsection (1) at the time the appointee requests them fi-om him.

(4) The person appointed under subsection (1) may, during his examination and inspection, make any inquiries he thinks fit and may require and take evidence on oath.

(5) The person appointed under subsection (1) shaU report to the Minister on his examination and inspection and on receipt ofthe report the Minister may make any order that to him seems proper. ^^(

l) In the following enactments "and Manpower" is struck out wherever it occurs: Act Banff Centre Act CoUeges Act Health Occupations Act Mental Health Act Nursing Assistants Registration Act Private Vocational Schools Act Students Finance Act Students Loan Guarantee Act Teachers' Retirement Fund Act Ultimate Heir Act Universities Act

Section number 1(e) 1(g) 3(7) and 4(3)(c) 5(6.1) 2(4), 3(l)(

b) and 5(1) 1(g) 1(b) 1(c) 24(8) 7(2) 1(e)

(2) In the following enactments "Department of Advanced Educa tion and Manpower Act" is struck out wherever it occurs and "De partment of Advanced Education Act" is substituted: Act

Section number Election Act l(e)(ii) Private Vocational Schools Act 2(

d) Students Finance Act 9(l)(

a) Technical Institutes Act 25 and 40(1) Repeal 15 The Department of Advanced Education and Manpower Act is repealed. In accordance with

section 4(1) ofthe

Interpretation Act, this BiU comes into force on the date it receives Royal Assent. Title: 1983 (20th, 1st) Bill 47, Department of Advanced Education Act

Document details

Collection	Alberta — Bills
Citation	L20 S1 3667
Type	bill
Volume / chapter	L20 S1 3667
Language	en
Format	json
Source	PROVINCIAL
Identifier	408038bb3969b9942f0bf3ae79b37087a0307689

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