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The Colleges Act
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This version was current from June 10, 2004 to June 10, 2009.

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C.C.S.M. c. C150.1

The Colleges Act

(Assented to July 26, 1991)

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

Definitions

1

In this Act,

"auditor" means an auditor appointed under section 30; (« vérificateur »)

"board" means the board of governors of a college established under section 8; (« conseil »)

"college" means a college established under section 2; (« collège »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"president" means the president of a college appointed under section 39; (« recteur »)

"region" means a geographic area of the province determined by the minister under section 4 as the area in which a college is responsible for providing its programs and services; (« région »)

"regional campus" means a campus where a college offers a range of full-time and part-time programs of study on a regular or an ongoing basis; (« campus régional »)

"student" means a person enrolled as a student at a college; (« étudiant »)

"students' association" means a students' association of a college; (« association d'étudiants »)

"university" means The University of Manitoba, The University of Winnipeg, Brandon University, University College of the North and the corporation established by The Mennonite College Federation Act. (« université »)

S.M. 1998, c. 49, s. 17; S.M. 1998, c. 51, s. 2; S.M. 2004, c. 16, s. 35 .

ESTABLISHMENT AND MANDATE OF COLLEGES

Establishment of colleges

2

The Lieutenant Governor in Council may, by regulation, establish a college and shall designate the name of the college so established.

Mandate of a college

3

A college has a responsibility to enhance the economic and social well-being of Manitoba through the provision of a broad range of educational opportunities, and in accordance with that responsibility a college may provide the following:

(a) programs of study and training in academic, scientific, trade, technical, technological and vocational fields for full and part-time students;

(b) career counselling, basic education upgrading and literacy programs;

(c) college preparation and transition programs for under-prepared students;

(d) services to governments, corporations and other bodies and persons relating to programs it provides, on terms it considers appropriate;

(e) university courses provided by way of agreement between the college and a university;

(f) joint programs developed and delivered in conjunction with a university or other accredited post-secondary institution;

(g) training programs paid wholly or partly by government, private business or non-profit groups;

(h) other related post-secondary education and training functions directed to be provided by the minister.

POWERS AND DUTIES OF THE MINISTER

General powers of the minister

4(1)

The minister may

(a) determine the region of the province in which a college will deliver programs and services;

(b) designate individual college and province-wide mandates for selected or specialized areas of program development or delivery for the efficient and effective management of public resources;

(c) designate where campuses, including regional campuses, of a college will be located and the range of college programs and services to be offered at a campus of the college;

(d) establish guidelines for post-secondary education and training, including program evaluation guidelines;

(e) appoint a person or a committee to review and evaluate any college program or service or any other matter relating to the development, content or delivery of a college program or service;

(f) appoint a person or a committee to review and report on the mandate of a college or any other matter bearing on a college or this Act;

(g) appoint a person to examine and inspect the financial condition, administrative condition or any other matter related to the management and operation of a college or colleges; and

(h) recommend the appointment of an administrator of a college under section 45.

Access to records and information

4(2)

For the purpose of clauses (1)(e), (f) and (g), a person or committee appointed by the minister may

(a) examine and inspect any records, documents and things in the possession or under the control of the college; and

(b) make any inquiries the person or committee appointed by the minister thinks fit and may require and take evidence on oath or affirmation.

Records must be provided

4(3)

The person having custody of records, documents or things referred to in subsection (2) shall make them available to the person or committee appointed by the minister at the time they are requested.

Regulations Act does not apply

4(4)

The Regulations Act does not apply to a power exercised by the minister under this section.

Regulation of programs - definitions

5(1)

In this section,

"delete" means to remove a program of study for a definite or indefinite period or permanently; (« supprimer »)

"program of study" means a group of credit subjects that leads to the granting of a diploma or certificate; (« programme d'études »)

"transfer" means to move a program of study from a college to another college or educational institution. (« transférer »)

Minister's power to regulate programs

5(2)

To ensure the orderly growth and development of the post-secondary educational system, the minister may regulate the establishment, expansion, deletion or transfer of any service, facility or program of study by a board.

Power to delegate

6

The minister may delegate to any person or body of persons any of the powers, duties and functions conferred or imposed on the minister under this Act.

Colleges Advisory Board

7(1)

The minister shall establish a Colleges Advisory Board to advise the minister on college-related policies and concerns.

Members of Colleges Advisory Board

7(2)

The Colleges Advisory Board shall consist of the president and the chairperson of each college board and the deputy minister and assistant deputy minister responsible for the administration of this Act.

Powers and duties

7(3)

The Colleges Advisory Board shall perform the duties and functions that the minister confers or imposes on it.

COLLEGE BOARDS

Board of governors

8(1)

There shall be a board of governors for each college.

Board established by Lieut. Gov. in C.

8(2)

A board shall be established by an order of the Lieutenant Governor in Council.

Corporate status

8(3)

A board is a corporation with the name given to it by the Lieutenant Governor in Council.

Board as governing body

8(4)

The board shall be the governing body of the college and shall be responsible to the minister.

Corporations Act does not apply

8(5)

The Corporations Act does not apply to a board except to the extent that the Lieutenant Governor in Council determines.

Composition of board

9(1)

A board shall consist of not less than 10 and not more than 12 members appointed by the Lieutenant Governor in Council, of whom

(a) one shall be a student of the college selected by the students' association; and

(b) one shall be an employee of the college selected by the employees of the college.

Equitable representation

9(2)

In appointing the members of a board that are not mentioned in clauses (1)(a) or (b), the Lieutenant Governor in Council shall have regard to the desirability of achieving on the board an equitable representation of the diversity of educational and community interests in the region in which the college provides programs and services.

President as ex officio member

9(3)

In addition to the members referred to in subsection (1), the president of the college is an ex officio, non-voting member of the board who is not eligible to be designated as chairperson or vice-chairperson of the board.

Term of office

9(4)

The terms of office of members are as follows:

(a) the term of a member referred to in clause (1)(a) shall be one year;

(b) the term of a member referred to in clause (1)(b) shall be two years;

(c) the term of any other member shall be not more than three years.

Term continues

9(5)

A member continues to hold office after the expiry of the member's term until the member is reappointed, the member's successor is appointed, or a period of three months has expired, whichever comes first.

Two terms only

9(6)

Members of a board are eligible to serve no more than two consecutive terms.

Appointment of new members

9(7)

The Lieutenant Governor in Council may fill a vacancy on a board by appointing a person to fill the unexpired term of office of the former member, and an appointment to an unexpired term shall not be considered, for the purpose of subsection (6), as a term of office.

When membership ceases

9(8)

When a person appointed to a board under clause (1)(a) or (b) ceases to be a student or an employee, the person ceases to be a member of the board.

Exception for student member

9(9)

Notwithstanding subsection (8), a student appointed under clause (1)(a) who graduates before the expiration of his or her term may remain a member of the board until the expiration of the term.

Failure to attend meetings

9(10)

When a member fails to attend 3 consecutive regular meetings of the board, the board may recommend to the minister that the member's appointment be revoked.

Vacancy does not impair the board's powers

9(11)

A vacancy in the membership of a board does not impair the capacity of the remaining members of the board to act.

Remuneration and expenses

10

Members shall be paid the remuneration and expenses that the Lieutenant Governor in Council determines and payment shall be made out of the funds of the board.

S.M. 2001, c. 43, s. 2.

Chairperson and vice-chairperson

11(1)

The Lieutenant Governor in Council shall designate one of the members of a board who is not appointed under clause 9(1)(a) or (b) as chairperson and another as vice-chairperson.

Interim chairperson or vice-chairperson

11(2)

In the case of absence or incapacity of the chairperson or vice-chairperson or if there is a vacancy in either of those offices, the board may designate one of its members who was not appointed under clause 9(1)(a) or (b) to act as chairperson or vice-chairperson on an interim basis.

Duties of members

12

A member of a board shall

(a) act honestly and in good faith with a view to the best interests of the college; and

(b) exercise the care, diligence and skill that a reasonable and prudent person would exercise in comparable circumstances.

By-laws

13(1)

A board may make by-laws respecting the calling of its meetings and regulating the conduct of business at them, and generally, regulating the conduct of its business and affairs.

By-laws open to the public

13(2)

The by-laws of a board shall be open to examination by the public during the normal office hours of the college.

Notice of meetings

14(1)

Prior notice of a meeting of a board shall be given to the members of the board and to the public in a manner determined by the board in its by-laws.

Public meetings

14(2)

Except as provided in subsections (3) and (4), all meetings of a board shall be open to the public and no person shall be excluded from a meeting except for improper conduct as determined by the board.

Confidential college matters

14(3)

When a matter that is determined by a board to be confidential to the college is to be considered at a meeting of the board, the part of the meeting concerning the confidential matter may be held in private.

Confidential personal matters

14(4)

When a matter of a personal nature concerning an individual is to be considered at a meeting of a board, the part of the meeting concerning the individual shall be held in private unless the individual requests and the board agrees that it be open to the public.

Participation by telephone

14(5)

A board member may participate in a meeting of the board or of a committee of the board by means of telephone or other means of communication that permits all persons participating in the meeting to hear each other, and a member so participating is considered to be present at the meeting.

Quorum

15

A majority of the members appointed to a board constitute a quorum for the transaction of business.

DUTIES AND POWERS OF THE BOARD

Duties of the board

16

A board shall

(a) manage the business and affairs of the college and ensure that they are conducted in accordance with this Act and the laws of the province;

(b) determine the general policies with respect to the organization, administration, operation and programs of study of the college;

(c) evaluate programs of study on a regular basis, in accordance with guidelines provided by the minister;

(d) hold regular monthly meetings and any other meetings that the board considers appropriate;

(e) prepare and maintain full and accurate records of its proceedings, transactions and finances;

(f) develop and adopt conflict of interest guidelines for employees of the college;

(g) in accordance with guidelines provided by the minister, publish an annual academic report that includes student information respecting enrolment, attrition, graduation and graduate employment placement;

(h) develop and maintain a multi-year operating plan and a multi-year capital plan; and

(i) at least every five years, conduct a special organizational and operational review in accordance with guidelines provided by the minister.

General powers of board

17

A board may

(a) provide services and programs of study consistent with the mandate of the college;

(a.1) establish and operate, or enter into a partnership to establish and operate, an adult learning centre in accordance with the requirements of The Adult Learning Centres Act;

(b) recommend to the minister the establishment, cancellation or the transfer to another college or educational institution of a college service or program of study;

(c) establish the admission requirements for students;

(d) set tuition fees and the rates of other fees and service charges to be paid by students;

(d.1) make by-laws respecting and prohibiting the parking or leaving of vehicles on property under the control of the college, 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 college, 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;

(e) provide for the granting of certificates and diplomas for programs of study;

(f) provide for the discipline of students with the power to expel, suspend, fine or levy assessments for damage done to property;

(g) provide and facilitate the providing of scholarships or bursaries to students;

(h) act as a trustee of any money or property given in any manner for the support of the college or its students;

(i) authorize the establishment of a charitable foundation, as that term is defined in the Income Tax Act (Canada), to benefit, directly or indirectly, the college and its students;

(j) enter into agreements for the purpose of performing its duties or exercising its powers under this Act; and

(k) do any other thing that the board considers necessary or advisable to carry out the mandate of the college.

S.M. 2002, c. 29, s. 42; S.M. 2004, c. 37, s. 2.

Powers of board respecting property

18(1)

Subject to the approval of the minister, the board may

(a) purchase, lease or receive as a gift or otherwise any real or personal property that it considers necessary for the efficient operation of the college; and

(b) sell, lease or otherwise dispose of any of its property that it considers to be no longer necessary for its purposes.

Power to manage and insure property

18(2)

The board may manage, insure, maintain, repair, alter or improve any of its property and may construct or erect on its property any buildings, structures or other improvements.

Disclosure of interests

19

Section 17 of The Crown Corporations Public Review and Accountability Act regarding the disclosure of interests in a contract applies, with necessary modifications, to members of a board and to the officers of a college.

COMMITTEES AND COLLEGE COUNCIL

Executive committee

20(1)

A board shall establish an executive committee consisting of the chairperson, t