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S.M. 2014, c. 24
Bill 58, 3rd Session, 40th Legislature
The Manitoba Institute of Trades and Technology Act
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(Assented to June 12, 2014)
WHEREAS Winnipeg Technical College has evolved from its beginnings as a regional vocational school to a centre that serves the technical education and training requirements of high school and post-secondary students;
AND WHEREAS giving Winnipeg Technical College an independent mandate will strengthen its ability to provide career-focused technical education and training;
AND WHEREAS providing technical education and training that is responsive to the needs of business and industry partners within Manitoba's changing labour market is important to growing Manitoba's economy;
AND WHEREAS a highly qualified, technically skilled work force benefits all Manitobans;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The following definitions apply in this Act.
"board" means the board of the Institute established under section 4. (« conseil d'administration »)
"Institute" means the Manitoba Institute of Trades and Technology continued by subsection 2(1). (« établissement »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"president" means the president of the Institute. (« président »)
"student" means a person enrolled as a student at the Institute. (« élève »)
WINNIPEG TECHNICAL COLLEGE CONTINUED AS MANITOBA INSTITUTE OF TRADES AND TECHNOLOGY
2(1) The Governing Board for The Winnipeg Technical College is continued as a corporation without share capital under the name "Manitoba Institute of Trades and Technology".
2(2) The Manitoba Institute of Trades and Technology is composed of the members of the board.
MANDATE AND POWERS
3(1) The mandate of the Institute is
(a) to provide high school and post-secondary education and training activities in the fields of technology and vocational training, as well as adult education;
(b) to assist individuals in finding and keeping employment; and
(c) to respond to Manitoba's labour market needs and the changing work environment.
3(2) In carrying out its mandate, the Institute may
(a) grant certificates and diplomas in programs of technical and vocational education to post-secondary students;
(b) provide high school courses leading to a Senior Years Technology Education diploma and grant high school diplomas in that program;
(c) establish and operate, or enter into a partnership to establish and operate, an adult learning centre in accordance with The Adult Learning Centres Act;
(d) provide language training and apprenticeship in-school training;
(e) provide essential skills programs, career counselling, basic education upgrading and literacy programs, as well as post-secondary transition and preparation programs for under-prepared students;
(f) provide services to and enter into partnerships with business, industry, other educational institutions and all levels of government and agencies of government; and
(g) generally promote and carry out the work of an educational institution in providing high quality career-focused, skill-based technical and vocational education and training to high school and post-secondary students.
3(3) Subject to the regulations, in providing high school courses and granting high school diplomas,
(a) the Institute and the board have the powers, duties and obligations of a school division and its school board under The Public Schools Act and The Education Administration Act; and
(b) the premises from which the Institute provides high school courses are considered to be a public school within the meaning of The Public Schools Act and The Education Administration Act.
3(4) Subject to this Act, the Institute has the capacity, rights, powers and privileges of a natural person for carrying out its mandate.
3(5) Subject to the regulations, The Corporations Act does not apply to the Institute.
4(1) The board is the governing body of the Institute.
4(2) The board is to consist of at least 7 and not more than 11 board members appointed by the Lieutenant Governor in Council.
4(3) Each board member is to be appointed for a term of not more than five years.
4(4) A board member is eligible to serve no more than two consecutive terms.
4(5) A board member continues to hold office until he or she is re-appointed, the appointment is revoked or a successor is appointed.
4(6) Board members are to be paid remuneration and expenses at rates set by the Lieutenant Governor in Council, and the payments are to be made out of the funds of the Institute.
5(1) The Lieutenant Governor in Council must designate a board member as chair of the board.
5(2) The board may designate a board member as vice-chair, who is to act as chair if the chair is absent or unable to act, or if the position of chair is vacant.
6(1) The board has overall responsibility for the Institute and is to manage the business and affairs of the Institute and ensure that they are conducted in accordance with this Act and the laws of the province.
6(2) The board may
(a) determine the administrative and academic organization of the Institute;
(b) engage teaching and other staff as required, and determine their duties and conditions of employment and set their salaries and honorariums;
(c) establish and provide for the operation of programs of study and courses consistent with the mandate of the Institute;
(d) establish admission requirements for students;
(e) exercise internal disciplinary jurisdiction over the conduct of students, including exercising the power to expel or suspend a student for cause;
(f) set fees and all other charges to be paid to the Institute;
(g) provide and facilitate the providing of scholarships or bursaries to students;
(h) borrow money that may, in any fiscal year, be required to meet the ordinary expenditures of the Institute until the revenues for that fiscal year are available, and, with the approval of the Lieutenant Governor in Council, borrow money for any other purpose;
(i) subject to limitations imposed by any trust, invest money belonging to the Institute, or held by it in trust, in any kind of property, whether real, personal or mixed, exercising the judgment and care that a person of prudence, discretion and intelligence would exercise in administering the property of others;
(j) enter into agreements or arrangements to further the mandate of the Institute, and designate the appropriate signing officers for agreements and other documents;
(k) establish rules and procedures for the conduct of its own proceedings, including establishing standing and other committees and determining when and in what manner meetings of the board and standing committees may be held, and fixing a quorum;
(l) review and evaluate programs and services provided by the Institute; and
(m) do any other thing that the board considers necessary or advisable to carry out the mandate of the Institute.
6(3) Nothing in clause (2)(i) precludes the Institute from holding any type of security donated to it, or from carrying out the terms of a deed or trust.
7 The board must
(a) prepare and maintain full and accurate records of its proceedings, transactions and finances;
(b) develop and adopt conflict of interest guidelines for board members of the Institute;
(c) publish an annual academic report that includes aggregate information respecting post-secondary enrolment, attrition, graduation and graduate employment placement, in accordance with guidelines provided by the minister;
(d) submit to the minister reports respecting its high school programming, in the form and within the time specified by the minister;
(e) retain custody and control of all records of the Institute; and
(f) conduct an operational and organizational review at least every five years, in accordance with guidelines provided by the minister.
8 The board may delegate any of its powers or duties, except the power or duty to make a by-law, to any committee of the board or any person.
9(1) Subject to the approval of the minister, the board may appoint the president of the Institute and determine his or her remuneration.
9(2) The president's term of office must not exceed five years but may be renewed.
9(3) The president is the chief executive officer of the Institute and is to supervise and direct the academic and general administration of the Institute, its students, teaching staff and other employees, and has any other powers and duties that may be conferred on or assigned to the president by the board.
10 On the requisition of the minister, the Minister of Finance may make grants to the Institute out of money appropriated by the Legislature for that purpose.
11 The fiscal year of the Institute is the period beginning on July 1 of one year and ending on June 30 of the following year.
12(1) The board must prepare an annual budget before the beginning of each fiscal year.
12(2) The board must submit its annual budget to the minister in the form and at the time specified by the minister.
12(3) In respect of an annual budget submitted under subsection (2), the minister may, after consultation with the board, authorize the board to adopt the budget or direct that changes be made to it, in which case the board must then adopt the budget with the changes directed by the minister.
12(4) Except with the written approval of the minister, the board must not make any expenditure commitments that are not within the financial limits set by the annual budget.
13 The board must appoint an independent auditor who shall audit the records, accounts and financial transactions of the Institute annually.
14 The board must, annually within four months after the end of its fiscal year, prepare and submit to the minister an annual report of the operations of the Institute during that fiscal year. The report must include audited financial statements of the Institute and any other information that the minister may request.
15(1) The board must, upon receiving a request in writing from the minister, provide to the minister any financial information requested, in the form and manner the minister specifies.
15(2) The auditor appointed under section 13 must make any further examination and submit any additional report requested by the minister.
16(1) No action or proceeding may be brought against the minister, a board member or any officer or employee of the Institute for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.
16(2) No action or proceeding may be brought against the minister, the Institute, a board member, the president or any other officer or employee of the Institute for anything done or not done, or for any neglect, by any of them with respect to the activity of a student, or by reason of anything done or not done, or for any neglect, by a student.
17 Section 59 of The Labour Relations Act relating to common control or direction of associated or related activities or businesses does not apply to the board or to the Institute or to the Crown in right of Manitoba.
18 The Lieutenant Governor in Council may make regulations
(a) respecting the extent to which The Corporations Act applies to the Institute;
(b) for the purpose of subsection 3(3), prescribing or restricting the provisions of The Public Schools Act and The Education Administration Act that apply to the Institute;
(c) prescribing the Institute to be a public school and its board to be a school board for the purpose of a prescribed enactment;
(d) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.
19(1) The Winnipeg Technical College Governance Agreement, entered into by The Pembina Trails School Division, The Governing Board for The Winnipeg Technical College and the Government of Manitoba, dated April 16, 2008, is hereby terminated.
19(2) On the coming into force of this section, the appointment of each member of The Governing Board for The Winnipeg Technical College terminates and all rights and obligations of the members in relation to or under those appointments are extinguished.
19(3) No right of compensation exists against the government or any person in respect of the termination of a member's appointment or the termination of The Winnipeg Technical College Governance Agreement.
20(1) Subject to section 19, on the coming into force of this section,
(a) all the rights and property of The Governing Board for The Winnipeg Technical College continue to be the rights and property of the Institute;
(b) all the debts, obligations and liabilities of The Governing Board for The Winnipeg Technical College continue to be the debts, obligations and liabilities of the Institute;
(c) an existing cause of action or claim by or against The Governing Board for The Winnipeg Technical College is unaffected and continues as a cause of action or claim against the Institute;
(d) a civil or administrative proceeding involving The Governing Board for The Winnipeg Technical College may be continued by or against the Institute; and
(e) a ruling, order or judgment in favour of or against The Governing Board for The Winnipeg Technical College may be enforced by or against the Institute.
20(2) Subject to section 19, a reference to The Governing Board for The Winnipeg Technical College in an enactment, by-law, contract, agreement, instrument or other document or record is deemed to be a reference to the Institute.
20(3) Wherever The Governing Board for The Winnipeg Technical College is named as a beneficiary in a will, codicil, trust indenture, instrument, gift or other document, regardless of when it was made or when effective, it is to be read as a reference to the Institute.
21 The five-year term limit in subsection 9(2) does not apply to the person who holds the office of president on the day this Act comes into force.
CONSEQUENTIAL AND RELATED AMENDMENTS
22 The definition "recognized educational institution" in section 1 of The Adult Learning Centres Act is replaced with the following:
"recognized educational institution" means
(a) a university or college,
(b) a school division,
(c) a regional vocational school established or continued under section 49 of The Public Schools Act and that school's governing board,
(d) the Manitoba Institute of Trades and Technology continued under The Manitoba Institute of Trades and Technology Act, and
(e) a private school; (« établissement d'enseignement reconnu »)
23 The definition "educational institution" in section 1 of The Advanced Education Administration Act is amended by adding the following after clause (c):
(c.1) the Manitoba Institute of Trades and Technology continued under The Manitoba Institute of Trades and Technology Act;
24 Clause 16(b) of The Apprenticeship and Certification Act is amended by adding the following after subclause (iii):
(iii.1) the Manitoba Institute of Trades and Technology continued under The Manitoba Institute of Trades and Technology Act,
25 Subsection 122(2) of The Consumer Protection Act is amended by adding the following after clause (f):
(f.1) the Manitoba Institute of Trades and Technology continued under The Manitoba Institute of Trades and Technology Act; or
26 Section 2 and subsection 7(1) of The International Education Act, as enacted by S.M. 2013, c. 52, are amended by adding the following after clause (f):
(f.1) the Manitoba Institute of Trades and Technology continued under The Manitoba Institute of Trades and Technology Act;
27 Subsection 4(3) of The Labour Relations Act is amended by adding the following after clause (e.2):
(e.3) section 17 of The Manitoba Institute of Trades and Technology Act;
28 Subsection 22(1) of The Municipal Assessment Act is amended by adding the following after clause (b.3):
(b.4) is owned or used by, or is held for use by, the Manitoba Institute of Trades and Technology continued under The Manitoba Institute of Trades and Technology Act, to a maximum exemption of 4.047 hectares;
29 The definition "private vocational institution" in section 1 of The Private Vocational Institutions Act is amended by adding the following after clause (a):
(a.1) the Manitoba Institute of Trades and Technology continued under The Manitoba Institute of Trades and Technology Act;
C.C.S.M. REFERENCE AND COMING INTO FORCE
30 This Act may be referred to as chapter T130 of the Continuing Consolidation of the Statutes of Manitoba.
31 This Act comes into force on July 1, 2014.
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