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The Advanced Education Administration Act
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This version is current as of December 11, 2017.
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C.C.S.M. c. A6.3

The Advanced Education Administration Act

THE ADVANCED 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:

Definitions

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 »)

"college" means

(a) Red River College; and

(b) a college as established under The Colleges Act. (« collège »)

"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) [repealed] S.M. 2017, c. 37, s. 2. (« frais de scolarité »)

"university" means

(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 »)

S.M. 2011, c. 35, s. 1; S.M. 2014, c. 24, s. 23; S.M. 2014, c. 29, Sch. A, s. 2; S.M. 2015, c. 11, s. 47; S.M. 2017, c. 37, s. 2.

ROLE OF THE MINISTER

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.

Carrying out role

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.

Minister to lead government's advanced learning activities

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 learning 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.

Mandates

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.

Accountability measures

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.

Considerations and limitations

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.

S.M. 2014, c. 29, Sch. A, s. 3; S.M. 2015, c. 43, s. 1.

General powers re colleges

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.

Directions re college programming

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.

S.M. 2015, c. 11, s. 47.

Ministerial actions to prevent excessive tuition increases

2.2(1)      If satisfied that a university has increased or will increase a tuition fee for an academic year by more than the amount determined under the following formula, the minister must

(a) determine the amount by which the increase exceeds the amount determined by the formula; and

(b) direct the Minister of Finance to deduct the excess amount from any grant requisitioned for the university under section 9.1.

A × (1 + B)

In this formula,

A

is the tuition fee in the previous academic year;

B

is 0.05, plus the percentage change in the average of the 12 monthly consumer price indexes between the previous 2 calendar years.

Monthly consumer price index

2.2(2)      In the description of B in the formula in subsection (1), "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).

Average tuition fees not to exceed lowest average west of Manitoba

2.2(3)      The minister may also direct the Minister of Finance to make deductions in the grants requisitioned for universities under section 9.1 if he or she is reasonably satisfied that the average tuition fees charged by the universities exceed the lowest average tuition fees charged by the universities in any province west of Manitoba.

Tuition information

2.2(4)      The minister may do the following for the purpose of subsection (3):

(a) request a university provide information about its tuition fees;

(b) adopt the most recent tuition fee averages published by Statistics Canada or another body or organization recognized by the minister;

(c) compile tuition fee information from publicly available sources and make any adjustments reasonably necessary to ensure that the required comparisons are accurate and appropriate.

University must comply

2.2(5)      A university that receives a request under clause (4)(a) must provide the information requested in the form and manner and within the time specified by the minister.

Application

2.2(6)      This section does not apply to tuition fees charged by the following:

(a) Université de Saint-Boniface, for the college-level instruction it provides;

(b) University College of the North, for the college-level instruction it provides; and

(c) the corporation established by The Mennonite College Federation Act.

Deduction must be made

2.2(7)      The Minister of Finance must comply with a direction received under this section.

S.M. 2017, c. 37, s. 3.

SEXUAL VIOLENCE POLICIES

Definitions

2.3(1)      The following definitions apply in this section.

"board" means the board of an institution that is subject to this section, and includes the board of governors, board of regents, governing council or any other body that exercises the powers that are normally exercised by the board of directors of such an institution. (« conseil »)

"sexual violence" means any sexual act or act targeting a person's sexuality, gender identity or gender expression — whether the act is physical or psychological in nature — that is committed, threatened or attempted against a person without the person's consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation. (« acte de violence à caractère sexuel » ou « violence à caractère sexuel »)

Application

2.3(2)      This section applies to the following institutions:

(a) a university and a college;

(b) the Manitoba Institute of Trades and Technology continued under The Manitoba Institute of Trades and Technology Act;

(c) an institution that is authorized to grant a degree under The Degree Granting Act.

Sexual violence policy

2.3(3)      In accordance with this section, a board must adopt and implement a policy for its institution that

(a) raises awareness of sexual violence, including sexual violence through the use of social media or other forms of digital communications;

(b) addresses issues related to consent in respect to persons engaging in sexual activities;

(c) includes provisions respecting the prevention and reporting of incidents of sexual violence;

(d) addresses training on the issues of sexual violence; and

(e) establishes complaint procedures and response protocols for incidents of sexual violence.

Development and content of policy

2.3(4)      In respect of an institution's sexual violence policy, the board must ensure that

(a) the policy is

(i) developed in consultation with the students,

(ii) culturally sensitive and reflects the perspectives of those most vulnerable to sexual violence, and

(iii) easily accessible to students and others in the institution's educational community;

(b) students and others in the institution's educational community are informed of the services and procedures that are in place under the policy to prevent and respond to sexual violence;

(c) the institution's activities under the policy and the results of those activities are reported to the public; and

(d) the policy and the institution's activities related to the policy comply with the regulations made under clause 12(b.1).

Four-year review

2.3(5)      Within four years after a board adopts its policy under this section, and within each subsequent four-year period after that, the board must undertake a comprehensive review of the policy that includes consultations with students.

S.M. 2016, c. 20, s. 2; S.M. 2017, c. 37, s. 8.

INFORMATION RE POST-SECONDARY EDUCATION AND ADVANCED LEARNING

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) 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.

Minister may require financial information

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.

Limit on individual student information

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

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

3(4)        [Repealed] S.M. 2014, c. 29, Sch. A, s. 5.

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.

S.M. 2014, c. 29, Sch. A, s. 5.

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 role

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.

S.M. 2014, c. 29, Sch. A, s. 6.

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, appointed by the minister after being nominated by the respective university or college.

S.M. 2014, c. 29, Sch. A, s. 7.

POST-SECONDARY EDUCATION FINANCING AND ACCOUNTABILITY

Grants to universities and colleges

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.

Consideration of grants in lieu of taxes

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.

S.M. 2014, c. 29, Sch. A, s. 8.

Budgets of universities and colleges

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.

Collegiate and denominational theological programs separate

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.

S.M. 2014, c. 29, Sch. A, s. 8.

Restrictions on incurring liability

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.

S.M. 2014, c. 29, Sch. A, s. 8.

Annual report

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.

When submitted

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.

Tabling report

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.

S.M. 2014, c. 29, Sch. A, s. 8.

Reviews

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.

Access to records, etc.

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.

S.M. 2014, c. 29, Sch. A, s. 8.

Grants to other institutions

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.

Authorization of requisition

9.6(2)      A requisition under subsection (1) must be authorized by the Lieutenant Governor in Council.

Annual budget and information

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.

Annual report

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.

S.M. 2014, c. 29, Sch. A, s. 8.

Regulating programs

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.

Information to be provided

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.

Considerations re new programs of study

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.

Terms and conditions

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.

Application

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 tuition fee may be subject to the terms and conditions imposed on the program's approval.

Existing programs

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.

S.M. 2014, c. 29, Sch. A, s. 8; S.M. 2017, c. 37, s. 4.

10          [Repealed]

S.M. 2014, c. 29, Sch. A, s. 9.

10.1 to 10.10  [Repealed]

S.M. 2014, c. 29, Sch. A, s. 10; S.M. 2017, c. 37, s. 5.

GENERAL

Advisory committee established

10.11(1)    The advanced education advisory committee is hereby established.

Advisory committee duties

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.

Terms of reference

10.11(3)    The minister may establish terms of reference for the advisory committee to follow in providing advice to the minister.

Composition of advisory committee

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.

Term

10.11(5     ) A member is to be appointed for a term not exceeding three years.

Appointment continues

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.

S.M. 2014, c. 29, Sch. A, s. 11.

11          [Repealed]

S.M. 2014, c. 29, Sch. A, s. 12.

11.1        [Repealed]

S.M. 2014, c. 29, Sch. A, s. 13; S.M. 2017, c. 37, s. 6.

Regulations made by Lieutenant Governor in Council

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) and (c) [repealed] S.M. 2017, c. 37, s. 7.;

Scope and application

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.

S.M. 2014, c. 29, Sch. A, s. 13; S.M. 2017, c. 37, s. 7.

Regulations made by the minister

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;

(b.1) in respect of a sexual violence policy that must be adopted and implemented by an institution that is subject to section 2.3,

(i) governing issues that must be addressed and content that must be included in the policy,

(ii) governing processes that must be followed and consultations that must be carried out in updating the policy, and

(iii) governing the form, manner and frequency in which the activities engaged in and the results achieved under the policy are to be reported to the public;

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

S.M. 2014, c. 29, Sch. A, s. 14; S.M. 2016, c. 20, s. 3.

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.