1998 BILL 35 Second Session, 24th Legislature, 47 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 35 COLLEGES, TECHNICAL INSTITUTES AND UNIVERSITIES STATUTES AMENDMENT ACT, 1998 THE MINISTER OF ADVANCED EDUCATION AND CAREER DEVELOPMENT First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 35 BILL 35 1998 COLLEGES, TECHNICAL INSTITUTES AND UNIVERSITIES STATUTES AMENDMENT ACT, 1998 (A ssented to , 1998) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Colleges Act Amends RSA 1980 cC-18 1

(1) The C olleges A ct is am ended by this section.

(2) Section 8(

b) is repealed and the following is substituted: (

b) subject to

section 8.1 and to the approval of the Minister, set the tuition fees to be paid by its students;

(3) The following is added after

section 8: Maximum level of tuition fees 8.1(1) A college’s revenue from tuition fees must be less than 30% of its net operating expenditures in each fiscal year to the 1999-2000 fiscal year, and must not exceed 30% thereafter.

(2) When required to do so by the Minister, a college board shall submit a report to the Minister respecting the college’s compliance with subsection (1), setting out its net operating expenditures and revenue from tuition fees for the fiscal year in question. 1

Explanatory Notes Colleges Act 1(1) Amends

chapter C-18 of the Revised Statutes of Alberta 1980.

(2) Section 8 presently reads: 8 A college board m ay (

a) establish the adm ission requirem ents for students of its college; (

b) w ith the approval of the M inister, prescribe the rates of tuition fees to be paid by students enrolled in full-tim e day program s at its college; (

c) prescribe the rates of other fees to be paid by students enrolled at its college.

(3) Maximum level of tuition fees. 1 E xplanatory N otes

(3) The calculation of revenue from tuition fees as a percentage of net operating expenditures must be done in accordance with procedures established by the Minister.

(4) On application from a college board, the Minister may, by written notice to the board, waive the requirements of subsection (1) for the period specified in the notice, if the board has in writing (

a) committed that tuition fees will not be increased during that period, and (

b) submitted to the Minister a plan to expand the college’s enrolment.

(4) Section 37 is am ended (

a) in clause (

d) by striking out “and prescribing which fees constitute tuition fees”; (

b) by adding the following after clause (d): (

e) make regulations defining “tuition fees”, “revenue from tuition fees” and “net operating expenditures” for the purposes of this Act; (

f) make regulations requiring and otherwise respecting the publication of information about colleges’ revenue from tuition fees and net operating expenditures and about how they have been calculated. Technical Institutes Act Amends SA 1981 cT-3.1 2(1) The Technical Institutes A ct is am ended by this section.

(2) Section 11(1)(

e) is repealed and the following is substituted: (

e) may, subject to

section 11.01 and to the approval of the Minister, set the tuition fees to be paid by its students, and

(3) The following is added after

section 11: 2

(4) Section 37 presently reads: 37 The Lieutenant G overnor in Council m ay (

a) m ake regulations governing the conducting and operation of the college system ; (

b) prescribe m odel by-law s for college boards; (

c) m ake necessary regulations or orders concerning any m atters that arise and for w hich no provision is m ade in this or any other Act; (

d) m ake regulations respecting tuition fees and prescribing w hich fees constitute tuition fees. Technical Institutes Act 2(1) Amends

chapter T-3.1 of the Statutes of Alberta, 1981.

(2) Section 11(1) presently reads in part: 11(1) A board (

e) subject to the approval of the M inister, m ay prescribe the tuition fees to be paid by students enrolled in full-tim e courses or program s of instruction or training provided by the board, and

(3) Maximum level of tuition fees. 2 E xplanatory N otes

Maximum level of tuition fees 11.0 1(1) A technical institute’s revenue from tuition fees must be less than 30% of its net operating expenditures in each fiscal year to the 1999-2000 fiscal year, and must not exceed 30% thereafter.

(2) When required to do so by the Minister, a board shall submit a report to the Minister respecting the technical institute’s compliance with subsection (1), setting out its net operating expenditures and revenue from tuition fees for the fiscal year in question.

(3) The calculation of revenue from tuition fees as a percentage of net operating expenditures must be done in accordance with procedures established by the Minister.

(4) On application from a board, the Minister may, by written notice to the board, waive the requirements of subsection (1) for the period specified in the notice, if the board has in writing (

a) committed that tuition fees will not be increased during that period, and (

b) submitted to the Minister a plan to expand the technical institute’s enrolment.

(4) Section 37.1 is repealed and the following is substituted: Regulations re fees 37.1 The Lieutenant Governor in Council may make regulations (

a) respecting tuition fees; (

b) defining “tuition fees”, “revenue from tuition fees” and “net operating expenditures” for the purposes of this Act; (

c) requiring and otherwise respecting the publication of information about technical institutes’ revenue from tuition fees and net operating expenditures and about how they have been calculated. Universities Act Amends RSA 1980 cU-5 3(1) The U niversities A ct is am ended by this section.

(2) Section 17(1)(

e) is repealed and the following is substituted: 3

(4) Section 37.1 presently reads: 37.1 The Lieutenant G overnor in Council m ay m ake regulations respecting tuition fees and prescribing w hich fees constitute tuition fees. Universities Act 3(1) Amends

chapter U-5 of the Revised Statutes of Alberta 1980.

(2) Section 17(1) presently reads in part: 17(1) Except as otherw ise provided in this Act, a board has the m anagem ent and control of the university and of its property, 3 E xplanatory N otes

(

e) subject to

section 17.1 and to the approval of the Minister, to set the tuition fees to be paid by its students; (e.1) to set any other fees that the board considers necessary to be paid by its students;

(3) The following is added after

section 17: Maximum level of tuition fees 17.1(1) A university’s revenue from tuition fees must be less than 30% of its net operating expenditures in each fiscal year to the 1999-2000 fiscal year, and must not exceed 30% thereafter.

(2) When required to do so by the Minister, a board shall submit a report to the Minister respecting the university’s compliance with subsection (1), setting out its net operating expenditures and revenue from tuition fees for the fiscal year in question.

(3) The calculation of revenue from tuition fees as a percentage of net operating expenditures must be done in accordance with procedures established by the Minister.

(4) On application from a board, the Minister may, by written notice to the board, waive the requirements of subsection (1) for the period specified in the notice, if the board has in writing (

a) committed that tuition fees will not be increased during that period, and (

b) submitted to the Minister a plan to expand the university’s enrolment.

(4) Section 69 is am ended by repealing clause (

e) and substituting the following: (

e) respecting tuition fees; (e.1) defining “tuition fees”, “revenue from tuition fees” and “net operating expenditures” for the purposes of this Act; (e.2) requiring and otherwise respecting the publication of information about universities’ revenue from tuition fees and net operating expenditures and about how they have been calculated; 4

revenue, business and affairs and in particular, but w ithout restricting the generality of the foregoing, a board is em pow ered (

e) to determ ine, subject to the approval of the M inister, fees for instruction and determ ine any other fees the board considers necessary ;

(3) Maximum level of tuition fees.

(4) Section 69 presently reads in part: 69 The Lieutenant G overnor in Council m ay m ake regulations (

e) respecting fees for instruction and prescribing w hich fees constitute fees for instruction; 4 E xplanatory N otes

Com ing into Force 4 This Act com es into force on Proclam ation. 5

Coming into Force 4 Coming into force. 5 Explanatory Notes Title: 1998 (24th, 2nd) Bill 35, Colleges, Technical Institutes and Universities Statutes Amendment Act, 1998