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2008 Legislative Session: 4th Session, 38th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE MURRAY COELL

MINISTER OF ADVANCED EDUCATION AND MINISTER

RESPONSIBLE FOR RESEARCH AND TECHNOLOGY

BILL 34 – 2008

UNIVERSITY AMENDMENT ACT, 2008

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

SECTION 1: [University Act,

section 1] adds a definition of "special purpose, teaching university"

and amends the

definitions of "faculty" and "university" to accommodate

the new definition.

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

(

a) by repealing the definition of "faculty" and substituting the following:

"faculty" means,

(

a) in the case of a university named in

section 3 (1), an academic administrative division of a university constituted by the board as a faculty under

section 39, or the dean and faculty members of a faculty, as the context requires, or

(

b) in the case of a special purpose, teaching university, an educational administrative division of a university constituted by the board as a faculty under

section 39, or the dean and faculty members of a faculty, as the context requires; ,

(

b) by adding the following definition:

"special purpose, teaching university" means a university referred to in

section 3 (1.1) and designated by the Lieutenant Governor in Council under

section 71 (3) (a); , and

(

c) by repealing the definition of "university" and substituting the following:

"university" means

(

a) each of the universities named in

section 3 (1), and

(

b) a special purpose, teaching university; .

SECTION 2: [University Act,

section 3] continues an institution that is designated as a special

purpose, teaching university.

Section 3 is amended by adding the following subsection:

(1.1) An institution that is designated as a special purpose, teaching university by the Lieutenant Governor in Council under

section 71 (3) (

a) is continued as a university in British Columbia.

SECTION 3: [University Act,

section 4] requires every university to have a convocation.

Section 4 is repealed and the following substituted:

Convocation required

4 Each university must have a convocation.

SECTION 4: [University Act,

section 6] reflects that the chancellor is to be appointed,

rather than elected, under the proposed amendment to

section 11 of the Act.

Section 6 (

a) is repealed.

SECTION 5: [University Act,

section 11] reflects that the chancellor is to be appointed

rather than elected.

Section 11 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) There must be a chancellor of each university, who is to be appointed by the board on nomination by the alumni association and after consultation with the senate or, in the case of the University of British Columbia, after consultation with the council.

(1.1) The chancellor holds office for 3 years and after that until a successor is appointed. ,

(

b) in subsection (2) by striking out " re-election " and substituting " reappointment ", and

(

c) in subsection (3) by striking out " elected " and substituting " appointed ".

SECTION 6: [University Act,

section 12] reflects that the chancellor is to be appointed

rather than elected.

Section 12 is repealed and the following substituted:

Vacancy in office of chancellor

(1) If the office of chancellor becomes vacant for any reason before the expiration of the chancellor's term of office, the vacancy must be filled as soon as practicable as described in

section 11 (1).

(2) A person appointed under subsection (1) holds office for the unexpired term of the predecessor in office.

SECTION 7: [University Act,

section 14] reflects that the chancellor is to be appointed

rather than elected.

Section 14 is amended

(

a) by repealing subsection (1), and

(

b) in subsection (3) by striking out " to each person nominated as a candidate for the office of chancellor and ".

SECTION 8: [University Act,

section 15] reflects that the chancellor is to be appointed

rather than elected.

Section 15 is repealed and the following substituted:

Acclamation

15 If only as many candidates are nominated for the senate as are required to be elected, the candidates are declared to have been elected.

SECTION 9: [University Act,

section 35] ensures that

section 35 of the Act does not apply

to a special purpose, teaching university.

Section 35 (1) and (2) is amended by adding " or a special purpose, teaching university " after " other than the University of British Columbia ".

SECTION 10: [University Act,

section 35.2] describes the composition and powers of the

senate of a special purpose, teaching university.

10 The following

section is added:

Senate of a special purpose, teaching university

35.2

(1) A special purpose, teaching university must have a senate.

(2) The senate of a special purpose, teaching university is composed of the following:

(

a) the chancellor;

(

b) the president, who is its chair;

(

c) the academic vice president or equivalent;

(

d) the deans of faculties;

(

e) the chief librarian;

(

f) the registrar;

(

g) two faculty members for each faculty, elected by faculty members of the faculty;

(

h) four students elected by the students;

(

i) one alumni member who is not a faculty member, appointed by the president on nomination by the alumni association;

(

j) two support staff elected by the support staff;

(

k) one non-voting member of the senate, if appointed to the senate by the board to serve for one year.

(3) For the purposes of subsection (2) (j), "support staff" means employees of the special purpose, teaching university who are not

(

a) officers of the special purpose, teaching university, or

(

b) deans or faculty members.

(4) The senate of a special purpose, teaching university must make bylaws for the conduct of the business of the senate, including bylaws specifying the duties of members of the senate in conflict of interest situations.

(5) The senate of a special purpose, teaching university has the power and duty to do all of the following:

(

a) regulate how its meetings and proceedings are conducted, including determining

(

i) the quorum necessary for the transaction of its business, and

(ii) how a vice chair, who is to chair meetings in the absence of the president, is annually elected;

(

b) set criteria for awarding certificates, diplomas and degrees, including honorary degrees;

(

c) set curriculum content for courses leading to certificates, diplomas and degrees;

(

d) set qualifications for admission;

(

e) set policies concerning examinations and evaluation of student performance;

(

f) set residency requirements for awarding credentials for courses and programs;

(

g) set policies concerning student withdrawal from courses, programs or the special purpose, teaching university;

(

h) set criteria for academic standing, academic standards and the grading system;

(

i) set criteria for awards recognizing academic excellence;

(

j) set policies and procedures for appeals by students on academic matters and establish a final appeal tribunal for these appeals;

(

k) set policies on curriculum evaluation for determining whether

(

i) courses or programs, or course credit, from another university or body are equivalent to courses or programs, or course credit, at the special purpose, teaching university, or

(ii) courses or programs, or course credit, from one part of the special purpose, teaching university are equivalent to courses or programs, or course credit, in another part of the special purpose, teaching university.

(6) The senate of a special purpose, teaching university must advise the board, and the board must seek advice from the senate, on the development of educational policy for the following matters:

(

a) the mission statement and the educational goals, objectives, strategies and priorities of the special purpose, teaching university;

(

b) the establishment, revision or discontinuance of courses and programs at the special purpose, teaching university;

(

c) the preparation and presentation of reports after implementation by the special purpose, teaching university without prior review by the senate of

(

i) new non-credit programs, or

(ii) programs offered under service contract;

(

d) the priorities for implementation of new programs and courses leading to certificates, diplomas or degrees;

(

e) the establishment or discontinuance of faculties at the special purpose, teaching university;

(

f) the evaluation of programs and educational services;

(

g) the library and resource centres;

(

h) the setting of the academic schedule;

(

i) the qualifications for faculty members;

(

j) the adjudication procedure for appealable matters of student discipline;

(

k) the terms for affiliation with other post-secondary bodies;

(

l) the consultation with community and program advisory groups concerning the special purpose, teaching university's educational programs;

(

m) other matters specified by the board.

SECTION 11: [University Act,

section 36] specifies the terms of office of the members of the

senate.

Section 36 is amended

(

a) in subsections (1) and (2) by striking out "

section 35 (2) (

h) or 35.1 (2) (

h) or (3) (h) " and substituting "

section 35 (2) (h), 35.1 (2) (

h) or (3) (

h) or 35.2 (2) (

h) or appointed under

section 35.2 (2) (k) ", and

(

b) in subsection (3) by striking out "

section 35 or 35.1 " in both places and substituting "

section 35, 35.1 or 35.2 ".

SECTION 12: [University Act,

section 37] ensures that

section 37 of the Act does not apply

to a special purpose, teaching university.

Section 37 is amended by adding the following subsection:

(4) In this section, "university" means a university named in

section 3 (1).

SECTION 13: [University Act,

section 47] ensures that

section 47 of the Act does not apply

to a special purpose, teaching university.

Section 47 is amended

(

a) by renumbering the

section as

section 47 (2), and

(

b) by adding the following subsection:

(1) In this section, "university" means a university named in

section 3 (1).

SECTION 14: [University Act,

section 47.1] sets out the functions and duties of a special

purpose, teaching university.

14 The following

section is added:

Functions and duties of special purpose, teaching university

47.1 A special purpose, teaching university must do all of the following:

(

a) in the case of a special purpose, teaching university that serves a geographic area or region of the province, provide adult basic education, career, technical, trade and academic programs leading to certificates, diplomas and baccalaureate and masters degrees, subject to and in accordance with regulations under

section 71 (3) (c) (i);

(

b) in the case of a special purpose, teaching university that serves the whole province, provide applied and professional programs leading to baccalaureate and masters degrees, subject to and in accordance with regulations under

section 71 (3) (c) (ii);

(

c) provide, in addition to post-secondary programs referred to in paragraph (

a) or (b), post-secondary programs specified in regulations under

section 71 (3) (c) (iii);

(

d) so far as and to the extent that its resources from time to time permit, undertake and maintain applied research and scholarly activities to support the programs of the special purpose, teaching university.

SECTION 15: [University Act,

section 71] allows the Lieutenant Governor in Council to designate

an institution under the College and Institute Act as a special purpose,

teaching university under the University Act , specify any region that the university

will serve, name the university and specify the programs the university

must provide.

Section 71 is amended by adding the following subsections:

(3) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(

a) designating as a special purpose, teaching university an institution that is designated under

section 5 of the College and Institute Act , and specifying a name for the special purpose, teaching university;

(

b) specifying the geographic area or region that a special purpose, teaching university designated under paragraph (

a) serves;

(

c) specifying the following;

(

i) in the case of a special purpose, teaching university that serves a geographic area or region of the province, the adult basic education, career, technical, trade or academic programs that the special purpose, teaching university must provide;

(ii) in the case of a special purpose, teaching university that serves the whole province, the applied or professional programs that the special purpose, teaching university must provide;

(iii) other post-secondary programs that the special purpose, teaching university must provide.

(4) On the designation of a special purpose, teaching university under subsection (3) (a), the special purpose, teaching university is continued as a corporation composed of a chancellor, a convocation, a board, a senate and faculties with the name given it by the Lieutenant Governor in Council.

Consequential and Related Amendments

Accountants (Chartered) Act

SECTION 16: [Accountants (Chartered) Act,

section 13] removes references to "university

college".

Section 13 (2) of the Accountants (Chartered) Act, R.S.B.C. 1996, c. 3, is amended by striking out " university college, " in both places.

College and Institute Act

SECTION 17: [College and Institute Act,

section 1] amends the definition of "institution" to

remove references to university colleges, repeals the

definitions of "university

college" and "university college region" and includes special purpose, teaching

universities in the definition of "university".

Section 1 of the College and Institute Act, R.S.B.C. 1996, c. 52, is amended

(

a) in the definition of "institution" by striking out " university college or ",

(

b) in the definition of "university" by striking out " or " at the end of paragraph (e), by adding " , or " at the end of paragraph (

f) and by adding the following paragraph:

(

g) a special purpose, teaching university that is designated under

section 71 (3) (

a) of the University Act . , and

(

c) by repealing the

definitions of "university college" and "university college region" .

SECTION 18: [College and Institute Act,

Part 3 heading] removes the reference to "University

Colleges" in the heading to

Part 3 of the Act.

18 The heading to

Part 3 is repealed and the following substituted:

Part 3 – Colleges and Provincial Institutes .

SECTION 19: [College and Institute Act, sections 5 and 7] repeals provisions dealing with

university colleges.

19 Sections 5 (1) (

c) and (

d) and 7 are repealed.

SECTION 20: [College and Institute Act,

section 5.1] removes the ability of the minister to

designate degrees that a university college may grant.

Section 5.1 is amended

(

a) by repealing paragraph (b), and

(

b) in paragraphs (

d) and (

e) by striking out " university college or ".

Degree Authorization Act

SECTION 21: [Degree Authorization Act,

section 2] ensures that the Act does not apply to a

special purpose, teaching university.

Section 2 (1) of the Degree Authorization Act, S.B.C. 2002, c. 24, is amended by striking out " or " at the end of paragraph (h), by adding " , or " at the end of paragraph (

i) and by adding the following paragraph:

(

j) a special purpose, teaching university as defined in the University Act .

Public Sector Employers Act

SECTION 22: [Public Sector Employers Act,

section 1] ensures that special purpose, teaching

universities remain within their current public sector employers' association.

Section 1 of the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is amended in the definition of "public sector employer" by repealing paragraphs (

d) and (

e) and substituting the following:

(

d) a university as defined in paragraph (

a) of the definition of "university" in

section 1 of the University Act ,

(

e) an institution as defined in the College and Institute Act and a special purpose, teaching university as defined in the University Act , .

Thompson Rivers University Act

SECTION 23: [Thompson Rivers University Act, various sections] replaces references to

"university council" with references to "senate".

23 The Thompson Rivers University Act, S.B.C. 2005, c. 17, is amended in the definition of "faculty member" in

section 1 and in sections 5 (1), 7 (1), 8 (2), 9 (1) and (2), 10, 11 (

d) and (

i) and 12 (3) by striking out " university council " wherever it appears and substituting " senate ".

SECTION 24: [Thompson Rivers University Act,

section 1] substitutes the definition of

"university council" and adds a definition of "senate" to allow for the renaming

of the university council as the senate.

Section 1 is amended by repealing the definition of "university council" and substituting the following:

"senate" means the university council continued as the senate under

section 8;

"university council" means the university council continued as the senate under

section 8.

SECTION 25: [Thompson Rivers University Act,

section 4] replaces references to "university

council" with references to "senate".

Section 4 is amended by repealing subsections (2) to (4) and substituting the following:

(3) A reference in

section 36 of the University Act to

(a) "senate" is to be read as a reference to "senate or Planning Council for Open Learning", and

(b) "section 35 (2) (h)" is to be read as a reference to "section 8 (2) (

h) or 11 (

h) of the Thompson Rivers University Act ".

(4) A reference in

section 38 of the University Act to "section 37 (1) (i), (

p) and (u)" is to be read as a reference to "section 10 (

e) and (

k) of the Thompson Rivers University Act ".

SECTION 26: [Thompson Rivers University Act,

section 7] removes the reference to "university

council".

Section 7 (3) is repealed and the following substituted:

(3) For the purposes of subsection (2), a reference in the University Act to the "senate" is to be read as a reference to the "senate" referred to in this Act.

SECTION 27: [Thompson Rivers University Act,

section 8] continues the university council

as the senate.

Section 8 (1) is repealed and the following substituted:

(1) The university council is continued as the senate.

Transitional Provisions

SECTION 28: [Transition – power to make regulations] allows regulations

to be made to address transitional difficulties in implementing the

amendments proposed by this Bill.

Transition – power to make regulations

(1) The Lieutenant Governor in Council may make regulations for the purposes of implementing this Act, including, without limiting this, to remedy any transitional difficulties encountered in doing so.

(2) A regulation made under this

section may be made retroactive to a date not earlier than the date this

section comes into force, and if made retroactive

(

a) is deemed to come into force on the date specified in the regulation, and

(

b) is retroactive to the extent necessary to give it force and effect on the date specified in the regulation.

(3) This

section is repealed 2 years after the date it comes into force and on its repeal any regulations made under it are also repealed.

SECTION 29: [Transition – University Act] provides for the transition of the board and education

council of an institution designated under the College and Institute Act ,

and for the appointment of the first chancellor of a special purpose, teaching

university.

Transition – University Act

(1) Subject to subsection (4) of this section, the board of an institution that is designated under

section 5 of the College and Institute Act , as the board is constituted immediately before the date on which the institution is designated as a special purpose, teaching university under

section 71 (3) (

a) of the University Act as enacted by this Act, continues as the board of the special purpose, teaching university until the members of the board are elected and appointed as provided in the University Act .

(2) Subject to subsection (4) of this section, the education council of an institution that is designated under

section 5 of the College and Institute Act , as the education council is constituted immediately before the date on which the institution is designated as a special purpose, teaching university under

section 71 (3) (

a) of the University Act as enacted by this Act, is the senate of the special purpose, teaching university until the members of the senate are elected and appointed as provided in the University Act .

(3) Despite

section 11 (1) of the University Act as enacted by this Act, the first chancellor of a special purpose, teaching university that is designated under

section 71 (3) (

a) of the University Act as enacted by this Act is appointed by the board without nomination or consultation.

(4) After the appointment of the first chancellor of a special purpose, teaching university, the chancellor is a member of

(

a) the board referred to in subsection (1), and

(

b) the senate referred to in subsection (2).

Commencement

30 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

University Act

SECTION 1: [University Act,

section 1] adds a definition of "special purpose, teaching university"

and amends the

definitions of "faculty" and "university" to accommodate

the new definition.

SECTION 2: [University Act,

section 3] continues an institution that is designated as a special

purpose, teaching university.

SECTION 3: [University Act,

section 4] requires every university to have a convocation.

SECTION 4: [University Act,

section 6] reflects that the chancellor is to be appointed,

rather than elected, under the proposed amendment to

section 11 of the Act.

SECTION 5: [University Act,

section 11] reflects that the chancellor is to be appointed

rather than elected.

SECTION 6: [University Act,

section 12] reflects that the chancellor is to be appointed

rather than elected.

SECTION 7: [University Act,

section 14] reflects that the chancellor is to be appointed

rather than elected.

SECTION 8: [University Act,

section 15] reflects that the chancellor is to be appointed

rather than elected.

SECTION 9: [University Act,

section 35] ensures that

section 35 of the Act does not apply

to a special purpose, teaching university.

SECTION 10: [University Act,

section 35.2] describes the composition and powers of the

senate of a special purpose, teaching university.

SECTION 11: [University Act,

section 36] specifies the terms of office of the members of the

senate.

SECTION 12: [University Act,

section 37] ensures that

section 37 of the Act does not apply

to a special purpose, teaching university.

SECTION 13: [University Act,

section 47] ensures that

section 47 of the Act does not apply

to a special purpose, teaching university.

SECTION 14: [University Act,

section 47.1] sets out the functions and duties of a special

purpose, teaching university.

SECTION 15: [University Act,

section 71] allows the Lieutenant Governor in Council to designate

an institution under the College and Institute Act as a special purpose,

teaching university under the University Act , specify any region that the university

will serve, name the university and specify the programs the university

must provide.

Accountants (Chartered) Act

SECTION 16: [Accountants (Chartered) Act,

section 13] removes references to "university

college".

College and Institute Act

SECTION 17: [College and Institute Act,

section 1] amends the definition of "institution" to

remove references to university colleges, repeals the

definitions of "university

college" and "university college region" and includes special purpose, teaching

universities in the definition of "university".

SECTION 18: [College and Institute Act,

Part 3 heading] removes the reference to "University

Colleges" in the heading to

Part 3 of the Act.

SECTION 19: [College and Institute Act, sections 5 and 7] repeals provisions dealing with

university colleges.

SECTION 20: [College and Institute Act,

section 5.1] removes the ability of the minister to

designate degrees that a university college may grant.

Degree Authorization Act

SECTION 21: [Degree Authorization Act,

section 2] ensures that the Act does not apply to a

special purpose, teaching university.

Public Sector Employers Act

SECTION 22: [Public Sector Employers Act,

section 1] ensures that special purpose, teaching

universities remain within their current public sector employers' association.

Thompson Rivers University Act

SECTION 23: [Thompson Rivers University Act, various sections] replaces references to

"university council" with references to "senate".

SECTION 24: [Thompson Rivers University Act,

section 1] substitutes the definition of

"university council" and adds a definition of "senate" to allow for the renaming

of the university council as the senate.

SECTION 25: [Thompson Rivers University Act,

section 4] replaces references to "university

council" with references to "senate".

SECTION 26: [Thompson Rivers University Act,

section 7] removes the reference to "university

council".

SECTION 27: [Thompson Rivers University Act,

section 8] continues the university council

as the senate.

SECTION 28: [Transition – power to make regulations] allows regulations

to be made to address transitional difficulties in implementing the

amendments proposed by this Bill.

SECTION 29: [Transition – University Act] provides for the transition of the board and education

council of an institution designated under the College and Institute Act ,

and for the appointment of the first chancellor of a special purpose, teaching

university.

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