Third

Session, 45th General Assembly

Elizabeth II, 2006

BILL 21

AN ACT TO ESTABLISH THE

COUNCIL ON HIGHER EDUCATION

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

JOAN BURKE

Minister of Education

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

The purpose of this Bill is to

establish the Council on Higher Education for the province.

A BILL

AN ACT TO ESTABLISH THE COUNCIL ON HIGHER

EDUCATION

Analysis

Short title

Definitions

Council

Quorum and voting

Committees

Expenses

Duties

Recommendations

Assistance to council

Administration

Action prohibition

Review committee

SNL1996 cC-22.1 Amdt.

RSNL1990 cM-7 Amdt.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Council on Higher

Education Act.

Definitions

2. In

this Act

(a) "college" mean the college

established under the College Act, 1996 ;

(b) "college board" means the board as

defined in the College Act, 1996 ;

(c) "council" means the Council on

Higher Education established under

section 3;

(d) "department" means the department

presided over by the minister;

(e) "minister" means the minister

appointed under the Executive Council Act

to be responsible for this Act;

(f) "post-secondary education" means

courses, programs and subjects offered by the university or the college;

(g) "university" means the Memorial

University of Newfoundland established under the Memorial University Act ; and

(h) "university board" means the board

as defined in the Memorial University Act .

Council

(1) There

is established a Council on Higher Education.

(2) The council shall, by virtue of their offices,

consist of the

(

a) chairperson of the university board;

(

b) chairperson of the college board;

(

c) minister;

(

d) deputy minister of the department;

(

e) president of the college; and

(

f) president of the university.

(3) In addition to the persons who are members of

the council under subsection (2), the minister

(

a) shall appoint 2 persons, one who is a student

enrolled at the university and one who is a student enrolled at the college, to

be members of the council; and

(

b) may appoint not more than 3 persons as members

of the council,

for a term that the minister may establish.

(4) A person appointed under subsection (3) shall

not serve as a member of the council for more than 2 terms.

(5) The minister shall be the chairperson of the

board and shall be the presiding officer at all meetings of the council.

Quorum and voting

(1) A

quorum of the council shall be a 2/3 majority of all its members.

(2) A decision of the council may be made by a 2/3

majority vote of all its members.

Committees

(1) The

council may appoint one or more committees of one or more persons to carry out

its mandate and to assist in its purposes.

(2) Persons appointed to a committee under this

section shall be a member of the council or an employee of the university,

college, government of the province or of Canada or

an agency of the government of the province or of Canada .

(3) The council may

(

a) designate a person appointed to a committee

under subsection (1) to be the chairperson of the committee to which he or she

was appointed; and

(

b) establish the parameters and procedures of a

committee appointed under subsection (1).

(4) A committee appointed under this

section shall

operate under the direction of the council and shall

(

a) be appointed for the time and purpose

stipulated by the council; and

(

b) report, in writing, to the council as the

council may require.

Expenses

(1) A

member of the council or of a committee established under

section 5 shall serve

on the council or committee without remuneration for his or her duties related

to the council or committee.

(2) A member of the council or of a committee

established under

section 5 is entitled to be paid for his or her expenses

(

a) where he or she is employed by the university,

college or the government of the province, from his or her employer at a rate

that his or her employer may establish;

(

b) where he or she is appointed by the minister

under subsection 3(3) and

(

i) is not an employee of the university, college

or the government of the province, or

(ii) is a student appointed under paragraph

3(3)(a),

by the government of the province at a rate

that it may establish; and

(

c) where he or she is a member of the university

board or the college board but is not employed by the university, college or

government of the province, from the university or college for which he or she is

a board member at a rate that the university or college may establish.

Duties

7. The

council shall

(

a) hold not fewer than 2 meetings in a year and

those other meetings that it considers necessary;

(

b) prepare and maintain accurate records of the meetings

and business of the council; and

(

c) at least twice annually review and report on

shared program areas of the university and the college.

Recommendations

(1) The

council shall make recommendations to the university, the college and the minister,

as it considers appropriate, with respect to

(

a) the strategic directions that should be

implemented for post-secondary education in the province;

(

b) priorities for the provision of post-secondary

education in the province to reduce unnecessary duplication of effort and expense;

(

c) the sharing of library resources, information,

career counselling, academic and pre-enrolment advice services, disability

services, housing services, distance education delivery and other student

support services;

(

d) cost-effective provincial, national and

international student recruitment policies and standards and student recruitment

activities;

(

e) student credit transfer arrangements among the

university, the college and other accredited provincial, national and international

post-secondary educational programs; and

(

f) those other matters related to the university

and the college that the council considers necessary.

(2) In developing and making its recommendations the

council shall

(

a) promote a shared approach between the

university and the college with respect to program planning and delivery;

(

b) endeavour to foster and promote the

collaboration of the university and the college on issues related to economic development

in the province; and

(

c) recommend policies to enhance cooperation and

specialization in the delivery of post-secondary education academic programs in

areas agreed upon by the council.

Assistance to council

9. The

council may request that members of the university board who are also appointed

as members of the college board under subsection 10(2.1) of the College Act, 1996 assist the council

with respect to those areas for which the council may carry out duties or make

recommendations under sections 7 and 8.

Administration

(1) The

minister may appoint an employee of the department to be an officer of the

council who shall

(

a) act as the secretary to the council;

(

b) carry out those duties required by the

council;

(

c) supervise persons employed under subsection

(3);

(

d) manage the business and affairs of the council

and ensure that they are conducted in accordance with this Act;

(

e) co-ordinate and arrange the meetings, work and

duties of the council; and

(

f) prepare and maintain plans, records, annual

and other reports of the council operations, proceedings and transactions.

(2) An employee appointed as officer of the council

under subsection (1) shall attend all meetings of the council but shall not

vote on matters before the council.

Action

prohibition

11. A member of the council or of a committee

established under this Act or a member of the university board referred to in

section 9 is not personally liable in an action or a proceeding for or in

respect of

an act or thing done or omitted by him or her in good faith in the

exercise or purported exercise of his or her duties or powers under this Act or

for costs in connection with that action or proceeding.

Review committee

12. The

minister shall establish, for a period that the minister may determine, a

review committee of one or more persons whose function is to review every 5

years the operation of this Act and to report to the minister concerning its

operation and stating whether, in its opinion, the principles and purpose of

this Act are being followed.

SNL1996 cC-22.1 Amdt.

Section 10 of the College Act, 1996 is amended by adding immediately after subsection

(2) the following:

(2.1) Three of the members referred to in subsection

(1) shall be the same persons who are appointed under paragraph 22(2)(

c) of the

Memorial University Act .

RSNL1990 cM-7 Amdt.

14. Paragraph 22(2)(

c) of the Memorial University Act is repealed and the following substituted:

(c) 17 members appointed by the

Lieutenant-Governor in Council of whom 3 shall be the same persons who are

appointed under subsection 10(2.1) of the College

Act, 1996 ; and

Commencement

15. This Act comes into force on a date to be

proclaimed by the Lieutenant-Governor in Council.

Earl G. Tucker, Queen's Printer