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C.C.S.M. c. A6.3
The Advanced Education Administration Act
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(Assented to June 17, 2010)
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 governors, board of regents or governing council of a university or college. (« conseil »)
(a) Red River College; and
(b) a college as 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 »)
"department" means a department, branch or office of the executive government of the province. (« ministère »)
"educational identifier" means the educational identifier designated by the minister under subsection 6(1). (« identificateur scolaire »)
"educational institution" means
(a) a university;
(b) a college;
(b.1) an institution that receives a grant under subsection 9.6(1);
(c) an adult learning centre registered under The Adult Learning Centres Act;
(c.1) the Manitoba Institute of Trades and Technology continued under The Manitoba Institute of Trades and Technology 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 »)
"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 »)
"prescribed" means prescribed by regulation.
"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 »)
"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 Certification 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 »)
"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 »)
(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 »)
ROLE OF THE MINISTER
2(1) The minister is to facilitate the development of a post-secondary education and advanced learning system in Manitoba that
(a) promotes excellence;
(b) is accessible and affordable;
(c) is coordinated and appropriately integrated; and
(d) respects the appropriate autonomy of educational institutions and the recognized principles of academic freedom.
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.
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.
2(4) The minister is to advise and assist each university and college in developing a clear mandate 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.
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.
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.
2.1(1) In furtherance of the minister's role, the minister may, in respect of a college,
(a) determine the region of the province in which a college is to deliver programs and services; and
(b) designate where campuses, including regional campuses, of the college are to be located and the range of college programs and services to be offered at a campus of the college.
2.1(2) For a particular program of study, the minister may direct that a college take an action under subsection 9.7(1) on terms and conditions determined by the minister, and the college must comply with the direction.
INFORMATION RE POST-SECONDARY EDUCATION AND ADVANCED LEARNING
3(1) For the purposes of section 2, the minister may request the following to provide information to the minister:
(a) a university;
(a.1) a college;
(a.2) an institution that receives a grant under subsection 9.6(1);
(b) an adult learning centre;
(c) an adult literacy agency;
(d) a prescribed educational provider;
(e) a department.
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.
3(3) The information referred to in subsection (1) 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;
(f.1) to examine patterns and changes in student tuition, fees and expenses;
(g) to plan ways of enhancing the affordability and accessibility of post-secondary education and advanced learning; or
3(4) [Repealed] S.M. 2014, c. 29, Sch. A, s. 5.
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.
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.
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.
5(2) In carrying out his or her role, 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.
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.
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.
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.
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.
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.
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.
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.
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.
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, appointed by the minister after being nominated by the respective university or college.
POST-SECONDARY EDUCATION FINANCING AND ACCOUNTABILITY
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
9.6(2) A requisition under subsection (1) must be authorized by the Lieutenant Governor in Council.
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.
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.
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 involving money granted under section 9.1 only if the action is approved by the minister.
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.
9.7(3) In deciding if a new 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 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; and
(e) any other prescribed factor.
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.
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.
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.
PROTECTING AFFORDABILITY FOR UNIVERSITY STUDENTS
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.
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 »)
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.
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.
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.
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.
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.
10.5(4) A university must comply with the directive.
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.
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.
10.7(1) A university must determine its tuition fees for an academic year at least three months before the academic year begins.
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.
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.
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.
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.
10.8(4) The Minister of Finance must comply with a direction received under clause (2)(b).
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.
10.9(1) The minister may, in consultation with the universities, issue guidelines respecting the designation of a program as a specialized degree program.
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.
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.
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).
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.
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).
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.
10.10(5) For certainty, The Statutes and Regulations Act does not apply to an order made under this section.
10.11(1) The advanced education advisory committee is hereby established.
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.
10.11(3) The minister may establish terms of reference for the advisory committee to follow in providing advice to the minister.
10.11(4) The advisory committee is to consist of at least eight persons appointed by the minister. In appointing members, the minister must ensure that post-secondary students, post-secondary faculty, post-secondary administrators, kindergarten to grade 12 learning, adult education, labour, business and industry are each represented by at least one appointee.
10.11(5) A member is to be appointed for a term not exceeding three years.
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.
11.1 If there is a conflict between sections 10.1 to 10.10 and a provision of an Act that establishes or continues a university, the provision of this Act prevails.
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 involving money granted under section 9.1, 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).
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.
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.
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.
14 This Act comes into force on the day it receives royal assent.
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