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3rd Session, 40th Legislature

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Bill 63

THE ADVANCED EDUCATION ADMINISTRATION AMENDMENT AND COUNCIL ON POST-SECONDARY EDUCATION REPEAL ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

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

Advanced Education Administration Amendment Act

1           The Advanced Education Administration Amendment Act set out in Schedule A is hereby enacted.

Council on Post-Secondary Education Repeal Act

2           The Council on Post-Secondary Education Repeal Act set out in Schedule B is hereby enacted.

Coming into force

3(1)        Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force of Schedules

3(2)        The Schedules to this Act come into force as provided in the coming into force section at the end of each Schedule.

SCHEDULE A

THE ADVANCED EDUCATION ADMINISTRATION AMENDMENT ACT

C.C.S.M. c. A6.3 amended

1           The Advanced Education Administration Act is amended by this Act.

2(1)        Section 1 is amended

(a) in the definition "department", by striking out ", but does not include the council";

(b) in the definition "educational institution", by replacing clauses (a) and (b) with the following:

(a) a university;

(b) a college;

(b.1) an institution that receives a grant under subsection 9.6(1);

(c) by repealing the definition "council".

2(2)        Section 1 is further amended by adding the following definitions:

"board" means the board of governors, board of regents or governing council of a university or college. (« conseil »)

"college" means a college established under The Colleges Act. (« collège »)

"course-related fee", in respect of a university, means

(a) a mandatory fee or charge that is payable to the university by students for materials and services that facilitate instruction in a program; and

(b) a fee or charge for materials or a service that is designated as a course-related fee under section 10.3. (« frais de cours »)

"post-secondary education" means education in programs and subjects normally offered by universities or colleges, but does not include a collegiate program or a denominational theological program described in subsection 9.2(2). (« enseignement postsecondaire »)

"program of study" means a group of credit courses that leads to the granting of a degree, diploma or certificate by a university or college. (« programme d'études »)

"regulation" means a regulation made under this Act. (« règlement »)

"tuition fee" , in respect of a university, means

(a) a fee set by the university's board as the tuition fee or fee for instruction in a program of study, excluding

(i) courses provided under a third party contract, and

(ii) any differential or surcharge in fees set for courses taken by individuals who are not Canadian citizens or permanent residents of Canada; and

(b) a course-related fee that the minister designates as a tuition fee under subsection 10.6(1). (« frais de scolarité »)

"university" means

(a) The University of Manitoba;

(b) a college declared to be affiliated with The University of Manitoba under The University of Manitoba Act;

(c) The University of Winnipeg;

(d) Brandon University;

(e) University College of the North;

(f) Université de Saint-Boniface; and

(g) the corporation established by The Mennonite College Federation Act. (« université »)

3           Section 2 is replaced with the following:

ROLE OF THE MINISTER

Role of the minister

2(1)        The minister is to lead the development of a post-secondary education and advanced learning system in Manitoba that

(a) promotes excellence;

(b) is accessible and affordable; and

(c) is coordinated and appropriately integrated.

Carrying out role

2(2)        In carrying out his or her role, the minister is to

(a) support seamless and coherent linkages across the post-secondary education and advanced learning system;

(b) encourage and support the establishment of appropriate credit transfer arrangements between educational institutions;

(c) advise and assist universities and colleges in planning for the development and delivery of programs of study, services and facilities; and

(d) promote fiscal responsibility.

Minister to lead government's advanced education activities

2(3)        For the purposes of carrying out his or her role, the minister

(a) is to set directions and determine priorities for the government's support of Manitoba's post-secondary education and advanced learning system;

(b) is to allocate money appropriated by the Legislature for Manitoba's post-secondary education and advanced learning system in accordance with those directions and priorities;

(c) is to develop, administer, monitor and evaluate government support and programming related to post-secondary education and advanced learning;

(d) is to monitor and evaluate, and conduct research and analysis about, post-secondary education and advanced learning;

(e) is to ensure that information reported by the government about post-secondary education and advanced education is accurate and timely; and

(f) may make awards and issue prizes to students, and to persons and entities who have contributed to post-secondary education and advanced learning in Manitoba, out of money appropriated by the Legislature for that purpose.

Mandates

2(4)        The minister may, in consultation with universities and colleges, develop a mandate for each university and college to ensure that

(a) Manitoba's post-secondary education and advanced learning system is coordinated and appropriately integrated; and

(b) unnecessary duplication of effort and expense within the system is avoided.

Accountability measures

2(5)        After consulting with a university or college, the minister may require the university or college to enter into a memorandum with the minister respecting the development and implementation of accountability measures in respect of the government support provided to it, including performance measures for assessing the use of that support.

Considerations and limitations

2(6)        In carrying out his or her role and responsibilities, the minister

(a) must have regard for the respective autonomy of educational institutions; and

(b) may not interfere with

(i) the basic right of a university or college to formulate academic policies and standards,

(ii) the independence of a university or college in fixing standards of admission and of graduation, or

(iii) the independence of a university or college in the appointment of staff.

4           The centred heading "INFORMATION RE POST-SECONDARY EDUCATION AND ADVANCED LEARNING" is added before section 3.

5(1)        Clause 3(1)(a) is replaced with the following:

(a) a university;

(a.1) a college;

(a.2) an institution that receives a grant under subsection 9.6(1);

5(2)        Subsection 3(2) is replaced with the following:

Minister may require financial information

3(2)        For certainty, the information referred to in subsection (1) in respect of a university or college, or an institution that receives a grant under subsection 9.6(1), includes any reports prepared by the auditor of the university, college or institution and any other financial information that the minister considers necessary.

5(3)        Subsection 3(3) is amended

(a) in the part before clause (a), by striking out "or (2)";

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

(f.1) to examine patterns and changes in student tuition, fees and expenses;

(c) in clause (g), by striking out "adult learning" and substituting "advanced learning".

5(4)        Subsection 3(4) is repealed.

6           Subsection 5(2) of the English version is amended in the section heading and in the subsection by striking out "mandate" and substituting "role".

7           Clause 9(2)(b) is amended by striking out "as defined in The Council on Post-Secondary Education Act,".

8           The following is added after section 9:

POST-SECONDARY EDUCATION FINANCING AND ACCOUNTABILITY

Grants to universities and colleges

9.1(1)      The Minister of Finance, on the requisition of the minister, may make grants to a university or college out of money appropriated by the Legislature for that purpose.

Consideration of grants in lieu of taxes

9.1(2)      Amounts granted under subsection (1) must take into consideration the obligation of universities and colleges to pay grants under Part 10, Division 7 (grants in lieu of taxes) of The Municipal Act.

Budgets of universities and colleges

9.2(1)      Each board must prepare and submit to the minister, at the time and in the form specified by the minister,

(a) an annual budget; and

(b) any other financial plans, financial statements or reports that the minister requests.

Collegiate and denominational theological programs separate

9.2(2)      In any financial information submitted to the minister, the assets, liabilities, reserves and other accounts relating to the following must be identified separately from assets, liabilities, reserves and other accounts of other university or college operations:

(a) a collegiate program provided by the university or college, being a program that is taken to attain secondary school standing or that is approved by the minister responsible for the administration of The Education Administration Act;

(b) a denominational theological program provided by the university or college, being a program or subject for which credits are given only for a degree or diploma in theology.

Restrictions on incurring liability

9.3         Despite any other Act, a university or college must not incur any liability or make any expenditure in a fiscal year beyond

(a) the unexpended amount of the grants made to it under section 9.1; and

(b) its estimated revenue from other sources to the end of that fiscal year;

unless an estimate of the liability or expenditure has first been submitted to and approved by the minister.

Annual report

9.4(1)      After the end of each fiscal year, a board must prepare and submit to the minister an annual report of the operations of the university or college during that fiscal year, and the report must include audited financial statements and any other information that the minister requests.

When submitted

9.4(2)      The annual report of a university must be submitted within six months after the end of each fiscal year and the annual report of a college must be submitted within four months after the end of each fiscal year.

Tabling report

9.4(3)      The minister must table a copy of the annual report of a university or college in the Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, the minister must without delay make the report public and, within 15 days after the next sitting begins, table a copy of the report in the Assembly.

Reviews

9.5(1)      The minister may in writing appoint one or more persons to review and report on any matter connected with the management, administration or operation of a university or college, in accordance with the terms of reference established by the minister.

Access to records, etc.

9.5(2)      A university or college that is the subject of a review under subsection (1) must cooperate with the review, and provide the person or persons carrying out the review access to information and records that are reasonably required for the purpose of the review.

Grants to other institutions

9.6(1)      The Minister of Finance, on the requisition of the minister, may make grants to an institution that is not a university or college out of money appropriated by the Legislature for that purpose.

Authorization of requisition

9.6(2)      A requisition under subsection (1) must be authorized by the Lieutenant Governor in Council.

Annual budget and information

9.6(3)      An institution that receives a grant under this section must submit to the minister, at the time and in the form specified by the minister, the annual budget of the institution and any other information that the minister requests.

Annual report

9.6(4)      An institution that receives a grant under this section must submit to the minister, after the end of its fiscal year, an annual report of its operations during that fiscal year that includes audited financial statements and any other information that the minister requests.

Regulating programs

9.7(1)      Subject to the regulations, a university or college may establish, make significant modifications to, or cease to provide a program of study, a service or a facility only if the action is approved by the minister.

Information to be provided

9.7(2)      A university or college that wishes to take an action described in subsection (1) must provide the prescribed information to the minister and any additional information that the minister requests.

Considerations re new programs of study

9.7(3)      In deciding if a new program of study ought to be approved, the minister must consider

(a) the appropriateness of the credit transfer arrangements for the program between educational institutions within and outside Manitoba's post-secondary education and advanced learning system;

(b) the appropriateness of the quality assurance processes and procedures that the university or college will establish and implement for the program;

(c) the sustainability of the program's funding;

(d) the impacts on existing programs of study, if any;

(e) any other prescribed factor; and

(f) any other matter that the minister considers to be relevant.

Terms and conditions

9.7(4)      An approval under this section is subject to the prescribed terms and conditions and the terms and conditions, if any, imposed by the minister at the time the approval is issued, and a university or college must comply with any terms and conditions that are imposed.

Application

9.7(5)      To avoid doubt,

(a) an approval may be conditional, may be time-limited and may be renewed; and

(b) for a new program, the course-related fees and tuition fee for the program or the manner in which they are to be set may be a term and condition imposed on the approval of the new program.

Existing programs

9.7(6)      An approval granted by the Council on Post-Secondary Education under section 14 of The Council on Post-Secondary Education Act before the coming into force of this section continues in effect in accordance with its terms.

9           Section 10 is repealed.

10          The following is added as sections 10.1 to 10.10:

PROTECTING AFFORDABILITY FOR UNIVERSITY STUDENTS

Application

10.1        Sections 10.2 to 10.10 do not apply in respect of tuition fees and course-related fees charged by

(a) Université de Saint-Boniface, but only in respect of the college-level instruction it provides;

(b) University College of the North, but only in respect of the college-level instruction it provides; or

(c) the corporation established by The Mennonite College Federation Act.

Definitions

10.2        The following definitions apply in sections 10.3 to 10.10.

"academic year" means the 12-month period beginning on

(a) July 1 and ending on June 30 of the following year, for University College of the North; and

(b) September 1 and ending on August 31 of the following year, for all other universities. (« année universitaire »)

"monthly consumer price index" means the monthly consumer price index for Manitoba (All-items), as published by Statistics Canada under the authority of the Statistics Act (Canada). (« indice mensuel des prix à la consommation »)

"program" means a for-credit program of post-secondary education offered by a university and includes a credit course that is part of such a program. (« programme »)

"provides", in respect of materials or a service, includes authorizing or permitting the use of the materials or service. (« fournir »)

Designation of course-related fees

10.3        The minister may designate as a course-related fee a fee or charge for material or a service that a university requires a student to pay as a result of the student attending the university or being enrolled in a program.

Notice of changes in course-related fees

10.4        Subject to the regulations, a university that proposes to increase a course-related fee for material or a service that it provides to a student must give the minister notice of the proposal at least three months before the increase comes into effect.

Review of course-related fees

10.5(1)     If a university increases a course-related fee for material or a service that it provides to a student, the minister may request the university to demonstrate, to the minister's satisfaction, that the increase reasonably reflects the university's cost in providing the material or service.

University to provide information

10.5(2)     A university that receives a request under subsection (1) must give the minister any information that the minister requests in respect of the university's cost in providing the material or service.

Action by minister

10.5(3)     If the minister is not satisfied that a university's increase in the course-related fee reasonably reflects the university's costs, the minister may issue a directive to the university

(a) to stop charging or accepting payment of some or all of the increase; and

(b) to refund some or all of the increased amount to each student who paid it.

Compliance

10.5(4)     A university must comply with the directive.

Designation of course-related fees as tuition fees

10.6(1)     The minister may designate a course-related fee, including a fee or charge designated as a course-related fee under section 10.3, as a tuition fee.

Determining initial amount for calculation

10.6(2)     For the purpose of the calculation in subsection 10.8(1), when the minister initially designates a course-related fee to be a tuition fee, the minister must

(a) determine what the course-related fee was in the preceding academic year; and

(b) give the applicable university written notice of the determination.

When tuition fees must be determined

10.7(1)     A university must determine its tuition fees for an academic year at least three months before the academic year begins.

Effective date for tuition fees approved later

10.7(2)     A tuition fee increase that is approved by a university within three months before the beginning of an academic year must not take effect until the next academic year.

Restriction on tuition increases

10.8(1)     Subject to section 10.10, the tuition fee charged by a university for a program that it provides in an academic year must not exceed the tuition fee for the program for the previous academic year, adjusted by the greater of zero or the percentage change in the average of the 12 monthly consumer price indexes between the previous 2 calendar years.

Excessive tuition increases to be offset from grants

10.8(2)     If satisfied that a university has increased or will increase a tuition fee for an academic year by more than the amount allowed under subsection (1), the minister must

(a) determine the amount by which the increase in the tuition fee charged exceeds the allowed amount; and

(b) direct the Minister of Finance to deduct that amount from any grant requisitioned for the university under section 9.1.

Timing and notice of determination

10.8(3)     A determination made by the minister under subsection (2) must be

(a) made at least two months before the start of the academic year to which the decision relates; and

(b) communicated to the applicable university in writing.

Deduction must be made

10.8(4)     The Minister of Finance must comply with a direction received under clause (2)(b).

Application

10.8(5)     This section applies despite any provision of an agreement entered into by a university and the Council on Post-Secondary Education or the minister.

Guidelines for specialized degree programs

10.9(1)     The minister may, in consultation with the universities, issue guidelines respecting the designation of a program as a specialized degree program.

Purpose of guidelines

10.9(2)     The guidelines are to

(a) identify the relevant characteristics of a specialized degree program, and why those characteristics make it appropriate to exempt the program from the restrictions on tuition increases;

(b) establish the actions and procedures that a university must take or follow before it applies to have a program designated as a specialized degree program; and

(c) establish the form and content of applications, and the information to be provided in making an application, to have a program designated as a specialized degree program.

Considerations re specialized degree programs

10.9(3)     Without limitation, the guidelines may require that the following be assessed and reported:

(a) if the degree the program leads to is an entry-to-practice requirement for a profession;

(b) if higher tuition fees will deter students, including students from underrepresented groups, from enrolling in the program;

(c) in respect of a program that leads to employment in a high-demand occupation, if higher tuition fees will reduce the number of entrants and the resulting number of graduates;

(d) the total cost of the program if higher tuition fees are implemented, including the course-related fees and any other fees that students pay as a result of being enrolled in the program, and the reasonableness of any resulting increased debt burden graduates may experience;

(e) if the program is one with a high graduation rate and one where the average income earned by graduates shortly after completing the program will be sufficient to pay any increased debt burden graduates may experience;

(f) if changes in market conditions and other relevant factors are increasing the university's costs in providing the program, and if the rate of the increase is higher relative to the other programs that the university provides;

(g) how the university proposes to use the additional revenues generated by higher tuition fees, and if the additional revenues are to be used to address the higher costs identified in clause (f);

(h) if students currently enrolled in the program support paying the higher tuition fees.

Applying for designation

10.10(1)    In accordance with the guidelines, a university may apply to the minister to have a program designated as a specialized degree program that is exempt from the application of section 10.8 (restriction on tuition increases).

Application

10.10(2)    When applying for the designation and the corresponding exemption, the university must

(a) specify the increases in the tuition fees that the university proposes to implement for the program, and the academic years in which it proposes to implement the increases; and

(b) provide any other prescribed information.

Minister to make recommendation

10.10(3)    If the minister, after considering the university's application and the guidelines, is satisfied that the proposed increase in tuition

(a) will not unreasonably affect the accessibility and affordability of the program; and

(b) is not contrary to the public interest;

the minister is to recommend to the Lieutenant Governor in Council that the program be exempted from the application of section 10.8 (restriction on tuition increases).

Designation by LG in C

10.10(4)    The Lieutenant Governor in Council may, on the recommendation of the minister and on any terms and conditions as the Lieutenant Governor in Council considers appropriate, order that a program be exempted from section 10.8 (restriction on tuition increases). The order must state the academic years in which the exemption applies.

Statutes and Regulations Act does not apply

10.10(5)    For certainty, The Statutes and Regulations Act does not apply to an order made under this section.

11          The following is added as section 10.11:

GENERAL

Advisory committee established

10.11(1)    The advanced education advisory committee is hereby established.

Advisory committee duties

10.11(2)    In respect of Manitoba's post-secondary education and advanced learning system, the advisory committee may, at the minister's request, advise the minister on

(a) the direction and priorities for the system;

(b) the ability of the system to meet and respond to the needs of students and Manitoba's labour market;

(c) improving coordination and integration within the system, and the coordination and integration of the system with kindergarten to grade 12 learning and adult education; and

(d) any other matter as directed by the minister.

Terms of reference

10.11(3)    The minister may establish terms of reference for the advisory committee to follow in providing advice to the minister.

Members appointed by minister

10.11(4)    The minister is to appoint at least five persons to the advisory committee.

Term

10.11(5     ) A member is to be appointed for a term not exceeding three years.

Appointment continues

10.11(6)    After a member's term expires, the member continues to hold office until he or she is re-appointed, the appointment is revoked or a successor is appointed.

12           Section 11 is repealed.

13          The following is added before section 12:

Conflict

11.1        If a provision of this Act or the regulations is inconsistent or in conflict with a provision of another Act, the provision of this Act or the regulation prevails.

Regulations made by Lieutenant Governor in Council

11.2(1)     The Lieutenant Governor in Council may make regulations respecting

(a) the approval of proposals by universities and colleges to establish, make significant modifications to, or cease providing programs of study, services or facilities, including

(i) the form, content and timing of proposals,

(ii) the factors to be considered in approving a proposal, and

(iii) the terms and conditions on an approval;

(b) the form, content and timing of proposals to be given to the minister respecting increases in a course-related fee by a university;

(c) the form, content and timing of applications to have programs designated for the purpose of being exempted from the application of section 10.8 (restriction on tuition increases).

Scope and application

11.2(2)     A regulation made under subsection (1)

(a) may be general or particular in its application;

(b) may establish different classes of programs and may apply differently to different classes; and

(c) may exempt a program or a class of programs from the application of this Act or a provision of it, and may impose terms and conditions on such an exemption.

14          Section 12 is amended by adding "made by the minister" after "Regulations" in the section heading.

Coming into force

15           This Act comes into force on the day it receives royal assent.

SCHEDULE B

THE COUNCIL ON POST-SECONDARY EDUCATION REPEAL ACT

Meaning of "council"

1           In this Act, "council" means the Council on Post-Secondary Education established under The Council on Post-Secondary Education Act, as that Act read immediately before the coming into force of this Act.

Dissolution of the council

2(1)        On the coming into force of this Act,

(a) the council is dissolved;

(b) the appointments of the members of the council are terminated, and all rights and obligations of the members in relation to or under those appointments are extinguished;

(c) the rights and property of the council are vested in the government; and

(d) all liabilities and obligations of the council are assumed by the government.

Post-Secondary Grants Fund

2(2)        On the coming into force of this Act, the Post-Secondary Grants Fund is dissolved and any money remaining in the Fund must be paid into the Consolidated Fund.

Continuation of proceedings

2(3)        A legal proceeding or action commenced by or against the council may be continued by or against the government.

Consequential amendment, C.C.S.M. c. A5

3(1)        The definition "university" in section 1 of The Adult Learning Centres Act is amended by striking out "The Council on Post-Secondary Education Act" and substituting "The Advanced Education Administration Act".

Consequential amendment, C.C.S.M. c. A110

3(2)        The Apprenticeship and Certification Act is amended

(a) in clause (a) of the definition "education program" in section 1, by striking out "The Council on Post-Secondary Education Act" and substituting "The Advanced Education Administration Act"; and

(b) in subclause 16(b)(i), by striking out "The Council on Post-Secondary Education Act" and substituting "The Colleges Act".

Consequential amendment, C.C.S.M. c. B90

3(3)        Section 14 of The Brandon University Act is amended by striking out "The Council on Post-Secondary Education Act" wherever it occurs and substituting "The Advanced Education Administration Act".

Consequential amendment, C.C.S.M. c. D25

3(4)         Subsection 3(2) of The Degree Granting Act is repealed.

S.M. 2013, c. 52 (unproclaimed provisions amended)

3(5)        The International Education Act, as enacted by S.M. 2013, c. 52, is amended

(a) in the definition "university" in subsection 1(1), by striking out "The Council on Post-Secondary Education Act" and substituting "The Advanced Education Administration Act"; and

(b) in subsection 31(7),

(i) in clause (a), by striking out "subsection 14(2) of The Council on Post-Secondary Education Act" and substituting "subsection 9.7(1) of The Advanced Education Administration Act", and

(ii) in clause (d), by striking out "as defined in The Council on Post-Secondary Education Act" and substituting "as described in subsection 9.2(2) of The Advanced Education Administration Act".

Consequential amendment, C.C.S.M. c. M105

3(6)         Section 5 of The Mennonite College Federation Act is amended

(a) in the part before clause (a), by striking out "council established by The Council on Post-Secondary Education Act" and substituting "minister responsible for the administration of The Advanced Education Administration Act"; and

(b) in clause (b), by striking out "the council" and substituting "the government".

Consequential amendment, C.C.S.M. c. P137

3(7)        The definition "private vocational institution" in section 1 of The Private Vocational Institutions Act is amended in clause (a) by striking out "The Council on Post-Secondary Education Act" and substituting "The Advanced Education Administration Act".

Consequential amendment, C.C.S.M. c. U70

3(8)         The University of Winnipeg Act is amended in the definition "minister" in section 1 and in clause 17(1)(c), by striking out "The Council on Post-Secondary Education Act" and substituting "The Advanced Education Administration Act".

Repeal

4           The Council on Post-Secondary Education Act, S.M. 1996, c. 38, is repealed.

Coming into force

5           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill repeals The Council on Post-Secondary Education Act.

The minister responsible for The Advanced Education Administration Act assumes the role of the Council on Post-Secondary Education in respect of

  • developing a coordinated and integrated post-secondary education system;
  • determining priorities for government support and implementing accountability measures in respect of that support;
  • supporting appropriate credit transfer arrangements between universities and colleges;
  • administering grants to universities and colleges and other institutions;
  • reviewing increases in fees charged by universities to students for mandatory materials or services, and requiring universities to demonstrate that any increases reflect the associated costs incurred by a university in providing the material or service; and
  • ensuring that there is an off-setting reduction in government funding to a university if it increases its tuition fees by more than the rate of inflation.

Universities continue to be able to apply to have programs exempt from the limits on increases in tuition.

The minister is also given authority to approve all changes to programs of study, services or facilities proposed by a university or college. In approving new programs, the minister is required to consider credit transfer arrangements, quality assurance processes and procedures and other relevant factors. Regulations may be made that exclude prescribed changes from requiring ministerial approval.

The advanced education advisory committee is established to give the minister advice on improving the post-secondary education and advanced learning system.

Consequential amendments are made to eight other Acts.