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S.M. 2017, c. 9

Bill 10, 2 nd Session, 41st Legislature

The Manitoba Institute of Trades and Technology Amendment Act

Explanatory Note

This note is a reader's aid and is not part of the law.

This Act enables the Manitoba Institute of Trades and Technology to make by-laws about parking on the Institute's property.

Also, the minister is given authority to approve the Institute's proposed changes to post-secondary programs funded by the province as well as proposed changes to services or facilities used predominantly by post-secondary students. Regulations may be made that exclude certain changes from requiring ministerial approval.

(Assented to June 2, 2017)

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

C.C.S.M. c. T130 amended

1

The Manitoba Institute of Trades and Technology Act is amended by this Act.

2

The following is added after clause 6(2)(f):

(f.1) make by-laws respecting and prohibiting the parking or leaving of vehicles on property under the control of the Institute, including, but not limited to, by-laws respecting the following:

(i) the places where, the times when and the conditions under which persons are authorized to park or are prohibited from parking or leaving vehicles,

(ii) the placement of parking control signs, markings and meters prohibiting or governing the parking or leaving of vehicles,

(iii) the fees and charges to be paid by owners or operators of vehicles parked on property under the control of the Institute, including fees and charges for vehicles parked or left in contravention of the by-laws,

(iv) the removal and impoundment of vehicles parked or left in contravention of the by-laws;

3

The following is added after section 9 and before the centred heading that follows it:

PUBLICLY FUNDED POST-SECONDARY ACTIVITIES

Regulating programs

9.1(1)

Subject to the regulations, the Institute must obtain the minister's approval before

(a) establishing, making significant modifications to, or ceasing to provide a post-secondary program of study or service that involves the use of money granted under section 10; or

(b) using money granted under section 10 to establish or make significant modifications to a facility that is used or intended to be used predominantly by students enrolled in post-secondary programming.

Information to be provided

9.1(2)

If the Institute wishes to take an action described in subsection (1), it must provide the information prescribed by regulation to the minister and any additional information that the minister requests.

Considerations re new programs of study

9.1(3)

In deciding if a new post-secondary program of study ought to be approved under subsection (1), 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 Institute 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; and

(e) any other factor prescribed in the regulations.

Terms and conditions

9.1(4)

An approval under this section is subject to the terms and conditions prescribed by the regulations and the terms and conditions, if any, imposed by the minister at the time the approval is issued, and the Institute must comply with those terms and conditions.

Application

9.1(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.

4(1)

Section 18 is amended by renumbering it as subsection 18(1) and by adding the following after clause (c):

(c.1) respecting the approval of proposals made by the Institute to establish, make significant modifications to, or cease providing post-secondary programs of study, services or facilities involving money granted under section 10, including

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

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

(iii) prescribing the terms and conditions on an approval;

4(2)

The following is added as subsection 18(2):

Scope and application

18(2)

A regulation made under clause (1)(c.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 section and may impose terms and conditions on such an exemption.

Coming into force

5

This Act comes into force on a day to be fixed by proclamation.