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The Advanced Education Administration Act and Amendments to The Council on Post-Secondary Education Act and The Education Administration Act

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S.M. 2010, c. 27

Bill 29, 4th Session, 39th Legislature

The Advanced Education Administration Act and Amendments to The Council on Post-Secondary Education Act and The Education Administration Act

(Assented to June 17, 2010)

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

Advanced Education Administration Act

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

Council on Post-Secondary Education Amendment Act

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

Education Administration Amendment Act

3            The Education Administration Amendment Act set out in Schedule C is hereby enacted.

Coming into force

4(1)        Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force of Schedules

4(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 ACT

TABLE OF CONTENTS

Section

1

Definitions

2

Mandate of the minister

3

Minister may request information be provided

4

Additional limits re individual student information

5

Permitted collection, use and disclosure continue

6

Designation of educational identifier

7

Educational identifiers

8

Duty to adopt security safeguards

9

Committees

10

Other powers

11

Delegation

12

Regulations

13

C.C.S.M. reference

14

Coming into force

THE ADVANCED EDUCATION ADMINISTRATION ACT

Definitions

1           The following definitions apply in this Act.

"council" means the Council on Post-Secondary Education established under The Council on Post-Secondary Education Act. (« Conseil »)

"department" means a department, branch or office of the executive government of the province, but does not include the council. (« ministère »)

"educational identifier" means the educational identifier designated by the minister under subsection 6(1). (« identificateur scolaire »)

"educational institution" means

(a) a university and a college, as defined in The Council on Post-Secondary Education Act;

(b) an institution that receives a grant under subsection 27.1(1) of The Council on Post-Secondary Education Act;

(c) an adult learning centre registered under The Adult Learning Centres Act;

(d) an adult literacy agency that receives funding under The Adult Literacy Act; and

(e) a prescribed educational provider. (« établissement d'enseignement »)

"individual student information" means, in respect of a student,

(a) personal information as defined in The Freedom of Information and Protection of Privacy Act;

(b) personal health information as defined in The Personal Health Information Act, but only respecting any disability that the student may have; and

(c) the educational identifier assigned to the student. (« renseignements sur un élève »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"prescribed" means prescribed by regulation.

"student" means a person who is or applies to be a student, a learner or an attendee of an educational institution, and includes

(a) a person who is or applies to be an apprentice, in respect of the technical training engaged in by the apprentice under The Apprenticeship and Trades Qualifications Act;

(b) a person who is receiving or applies for student aid under The Student Aid Act; and

(c) a pupil who is enrolled in grades 9 to 12 in Manitoba. (« élève »)

Mandate of the minister

2(1)        The mandate of the minister is to

(a) facilitate high quality, affordable and accessible post-secondary education and adult learning;

(b) develop, administer, monitor and evaluate government programming that supports post-secondary education and adult learning;

(c) support seamless and coherent linkages across the education, learning and training systems;

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

(e) ensure that information reported by the government about post-secondary education and adult learning is accurate and timely.

Considerations by the minister

2(2)        In carrying out his or her mandate, the minster must have regard for

(a) the respective autonomy of educational institutions; and

(b) the council's relationship to the government, as set out in The Council on Post-Secondary Education Act.

Minister may request information be provided

3(1)        For the purposes of section 2, the minister may request the following to provide information to the minister:

(a) the council;

(b) an adult learning centre;

(c) an adult literacy agency;

(d) a prescribed educational provider;

(e) a department.

Council may be requested to collect information for the minister

3(2)        The minister may request the council to collect information on the minister's behalf from an institution, as defined in subsection 12.1(1) of The Council on Post-Secondary Education Act, and provide it to the minister.

Limit on individual student information

3(3)        The information referred to in subsection (1) or (2) may include individual student information about an identifiable student or former student, but only if the minister is satisfied that the information is necessary

(a) to examine student participation, attrition and completion;

(b) to understand and track patterns of student progress, mobility, outcomes and employment;

(c) to monitor progress toward increasing participation and success of under-represented groups;

(d) to understand linkages among universities, colleges and institutions, high schools, adult learning centres, adult literacy programs and prescribed educational providers;

(e) to understand and anticipate trends in program choices among students;

(f) to understand sources and patterns of student finance;

(g) to plan ways of enhancing the affordability and accessibility of post-secondary education and adult learning; or

(h) to identify conditions or barriers that inhibit student participation, progress, completion and transition to employment or future educational opportunities.

Information for the council

3(4)        On receiving a request made by the council under section 12.6 of The Council on Post-Secondary Education Act, the minister may request individual student information from a department and provide it to the council.

Duty to provide information

3(5)        An entity that receives a request under this section must provide the information requested in the form and within the time specified by the minister.

Additional limits re individual student information

4            The minister must

(a) not request or collect individual student information if other information will serve the purpose; and

(b) limit the amount of individual student information requested or collected to the minimum amount necessary to accomplish the purpose.

Permitted collection, use and disclosure continue

5(1)        Nothing in this Act limits the authority of the minister to collect, use and disclose individual student information if authorized or required to do so by law, including The Freedom of Information and Protection of Privacy Act or The Personal Health Information Act.

Use of information re mandate

5(2)        In carrying out his or her mandate, the minister may use the information, including individual student information, that the minister collects under this Act and the other Acts under his or her administration.

Designation of educational identifier

6(1)        The minister may designate an educational identifier to be used in respect of a student, which may be the Manitoba education number that is provided for in The Education Administration Act.

Use of educational identifier

6(2)        If requested by the minister, an entity listed in subsection 3(1) must use the student's educational identifier when providing individual student information about an identifiable student to the minister.

Educational identifiers

7(1)        In accordance with the directions given by the minister, an entity listed in subsection 3(1) must ensure that it collects and provides to the minister the individual student information necessary in order

(a) to verify a student's educational identifier; or

(b) to assign an educational identifier to a student who does not have one.

Designation of other department

7(2)        The minister may designate a department that is not under that minister's administration to act on the minister's behalf for the purposes of verifying and assigning educational identifiers, if the minister responsible for the other department agrees.

Verifying and assigning identifiers

7(3)        The minister or, if a department has been designated, the department, may

(a) verify a student's educational identifier or assign an identifier to a student who does not have one; and

(b) provide the verified or assigned identifier to the entity that provided the information.

Duty to adopt security safeguards

8(1)        The minister must protect all information, including individual student information, collected under this Act by adopting reasonable administrative, technical and physical safeguards that ensure the confidentiality, security, accuracy and integrity of the information.

Safeguards for sensitive information

8(2)        In determining the reasonableness of security safeguards adopted under subsection (1), the degree of sensitivity of the information to be protected must be taken into account.

Committees

9(1)        The minister must establish one or more committees to make recommendations to the minister about

(a) the individual student information to be requested under this Act, the process for requesting it and the process for providing it to the minister; and

(b) any other matter the minister considers advisable.

Committee membership re information collected from universities and colleges

9(2)        The committee responsible for making recommendations under clause (1)(a) about individual student information requested from universities and colleges must include

(a) a chairperson and one or more other persons, who may be employees of the government, appointed by the minister; and

(b) at least three persons, each from a different university or college, as defined in The Council on Post-Secondary Education Act, appointed by the minister after being nominated by the respective university or college.

Other powers

10          In carrying out his or her mandate, the minister may

(a) enter into an agreement with a person or entity or the government of Canada or the government of a province or territory of Canada or an agency of any of them; and

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

Delegation

11          The minister may delegate to an employee of the government any power conferred or duty imposed on the minister under this Act, other than the power to make regulations.

Regulations

12          The minister may make regulations

(a) prescribing educational providers or classes of educational providers for the purposes of clause (e) of the definition "educational institution" in section 1;

(b) prescribing fees to be paid and the time or manner in which they must be paid for services provided by the department for which the minister is responsible;

(c) respecting any matter or thing that the minister considers necessary or advisable to carry out the intent and purpose of this Act.

C.C.S.M. reference

13          This Act may be cited as The Advanced Education Administration Act and referred to as chapter A6.3 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

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

SCHEDULE B

THE COUNCIL ON POST-SECONDARY EDUCATION AMENDMENT ACT

C.C.S.M. c. C235 amended

1           The Council on Post-Secondary Education Act is amended by this Act.

2            The definition "student" in section 1 is replaced with the following:

"student" means, except in sections 12.1 to 12.6, a student of a university or college; (« étudiant »)

3           Clause 12(c) is amended by striking out "university or college" and substituting "university, college or institution that receives a grant under subsection 27.1(1)".

4           The following is added after section 12:

Definitions

12.1(1)     The following definitions apply in this section and in sections 12.2 to 12.5.

"educational identifier" means the educational identifier designated under subsection 6(1) of The Advanced Education Administration Act. (« identificateur scolaire »)

"individual student information" means, in respect of a student,

(a) personal information as defined in The Freedom of Information and Protection of Privacy Act;

(b) personal health information as defined in The Personal Health Information Act, but only respecting any disability that the student may have; and

(c) the educational identifier assigned to the student. (« renseignements sur un étudiant »)

"institution" means a university, college or institution that receives a grant under subsection 27.1(1). (« établissement »)

"student" means a person who is or applies to be a student of an institution. (« étudiant »)

Limits on individual student information

12.1(2)     The information required under clause 12(c) may include individual student information about an identifiable student or former student, but only if the information is necessary for the council to

(a) examine student participation, attrition and completion;

(b) understand and track patterns of student progress, mobility, outcomes and employment;

(c) monitor progress toward increasing participation and success of under-represented groups;

(d) understand linkages between universities and colleges and high schools, adult learning centres, adult literacy programs and other institutions and educational providers;

(e) understand and anticipate trends in program choices among students;

(f) examine the patterns and changes in student tuition, fees and expenses;

(g) plan ways of enhancing the affordability and accessibility of post-secondary education; or

(h) identify conditions or barriers that inhibit student participation, progress, completion and transition to employment or future learning opportunities.

Information requested under Advanced Education Administration Act

12.1(3)     The council must require that an institution provide, or obtain and provide, it with any information, including individual student information, that is necessary for it to respond to a request made by the minister under subsection 3(2) of The Advanced Education Administration Act.

Use of educational identifier

12.2        The council may require an institution to use a student's educational identifier when providing individual student information about an identifiable student to the council.

Duty to provide information

12.3        An institution that is required to provide information to the council must do so, and must use a student's educational identifier if the council requires it.

Additional limits re individual student information

12.4(1)     The council must

(a) not require or collect individual student information if other information will serve the purpose; and

(b) limit the amount of individual student information required or collected to the minimum amount necessary to accomplish the purpose.

Permitted collection, use and disclosure continue

12.4(2)     Nothing in this Act limits the authority of the council to collect, use and disclose individual student information if authorized or required to do so by law, including The Freedom of Information and Protection of Privacy Act or The Personal Health Information Act.

Duty to adopt security safeguards

12.5(1)     The council must protect all information, including individual student information, that it collects from an institution by adopting reasonable administrative, technical and physical safeguards that ensure the confidentiality, security, accuracy and integrity of the information.

Safeguards for sensitive information

12.5(2)     In determining the reasonableness of security safeguards adopted under subsection (1), the degree of sensitivity of the information to be protected must be taken into account.

Information from departments

12.6(1)     For a purpose set out in subsection 12.1(2), the council may request the minister responsible for The Advanced Education Administration Act to collect on its behalf and provide to the council individual student information about a student that is held by a department.

Definitions

12.6(2)     In this section, "student" and "department" have the same meaning as in The Advanced Education Administration Act.

Application

12.6(3)     Sections 12.4 and 12.5 apply to individual student information collected by the council under this section.

5(1)        Subsection 27.1(1) is replaced with the following:

Grants to other institutions

27.1(1)     The Lieutenant Governor in Council may authorize the council to make grants to an institution that is not a university or college.

5(2)        Subsections 27.1(2) and (3) are amended by striking out "A post-secondary institution" and substituting "An institution".

Coming into force

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

SCHEDULE C

THE EDUCATION ADMINISTRATION AMENDMENT ACT

C.C.S.M. c. E10 amended

1           The Education Administration Act is amended by this Act.

2           The following is added after clause 3(1)(m):

(n) assign a Manitoba education number to the following:

(i) a pupil who is enrolled or who seeks to be enrolled in a public or private school,

(ii) a pupil who is enrolled in a school operated by a First Nation, if the school is approved by the minister,

(iii) a pupil who is home schooled or who is enrolled in correspondence courses offered by the department,

(iv) a child for whom specific preparations are being made to provide appropriate educational programming,

(v) a person who is in a prescribed class of persons.

3           The following is added after section 3.1:

Definitions

3.2(1)      The following definitions apply in this section:

"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act, and includes a Manitoba education number assigned to a pupil or person. (« renseignements personnels »)

"personal health information" means personal health information as defined in The Personal Health Information Act, but only in respect of any disability or illness that an individual may have. (« renseignements médicaux personnels »)

Request re personal information and personal health information

3.2(2)      For the purposes set out in subsection (3), the minister may request that the following provide, or collect on behalf of the minister and provide, personal information and personal health information:

(a) a school board, in respect of a pupil who is or may become enrolled in a public school;

(b) a private school, in respect of a pupil who is or may become enrolled in the private school;

(c) a school board or private school, in respect of a child for whom the board or school is making specific preparations to provide appropriate education;

(d) if approved by the minister and subject to the agreement of the First Nation, the operator of a First Nation's school, in respect of a pupil who is enrolled in the school;

(e) a prescribed person, entity or government department or agency, in respect of a person within a prescribed class of persons.

Limits on requests for information

3.2(3)      The minister may request information under subsection (2) only if the personal information and personal health information requested is necessary to

(a) assign or verify a Manitoba education number;

(b) determine enrolment;

(c) determine and administer funding, including eligibility to receive funding;

(d) research and evaluate the effectiveness of programs, courses and curriculum delivered by school boards and private schools;

(e) develop, administer, monitor and evaluate government programming respecting education;

(f) administer provincial assessments, award credits and issue transcripts, graduation diplomas and certificates of completion;

(g) conduct research and analysis relating participation, attrition and completion, and transitions to employment, post-secondary education and adult learning;

(h) exercise a power, carry out a duty or perform a function of the minister or the department under this Act or The Public Schools Act or a regulation under those Acts.

Additional limits

3.2(4)      Under this section, the minister must

(a) not request or collect personal information or personal health information if other information will serve the purpose; and

(b) limit the amount of information requested and collected to the minimum amount necessary to accomplish the purpose.

Duty to provide information

3.2(5)      A school board, private school or prescribed person, entity or government department or agency that receives a request under this section must provide the minister with the information requested, in the form and within the time specified by the minister.

Permitted collection, use and disclosure continue

3.2(6)      Nothing in this section limits the authority of the minister to collect, use and disclose personal information and personal health information if authorized or required to do so by law, including The Freedom of Information and Protection of Privacy Act or The Personal Health Information Act.

Duty to adopt security safeguards

3.2(7)      The minister must protect all information, including personal information and personal health information, collected under this section by adopting reasonable administrative, technical and physical safeguards that ensure the confidentiality, security, accuracy and integrity of the information.

Safeguards for sensitive information

3.2(8)      In determining the reasonableness of security safeguards adopted pursuant to subsection (7), the degree of sensitivity of the information to be protected must be taken into account.

4           Subsection 4(1) is amended by adding the following after clause (r.6):

(r.7) prescribing a class or classes of persons for the purpose of subclause 3(1)(n)(v);

(r.8) prescribing persons, entities or government departments or agencies for the purpose of clause 3.2(2)(e);

Coming into force

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