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C.C.S.M. c. C235
The Council on Post-Secondary Education Act
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(Assented to November 19, 1996)
WHEREAS the creation and sharing of knowledge in an atmosphere of open and critical thought is essential to meaningful citizenship and participation in a democratic society;
AND WHEREAS universities and colleges are among Manitoba's principal assets and a main instrument to ensure the long-term social, cultural and economic well-being of the province and its citizens;
AND WHEREAS it is essential to promote excellence in the post-secondary education system while ensuring that it provides choice and accessibility for students and makes the best use of available resources;
AND WHEREAS post-secondary education must be well-coordinated in order to establish a basis for broader, future-oriented partnerships among the universities, among colleges, between universities and colleges, and between post-secondary institutions and government;
AND WHEREAS it is in the public interest to enact legislation that establishes a council to plan and coordinate, in consultation with universities and colleges, a strong and dynamic post-secondary education system in the province that is nationally and internationally competitive;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 In this Act,
"board" means the board of governors or board of regents of a university or college; (« conseil »)
"college" means a college established under The Colleges Act; (« collège »)
"collegiate program" means a program that is taken to attain secondary school standing or that is approved by the minister under The Education Administration Act; (« programme d'études collégiales »)
"council" means the Council on Post-Secondary Education established in section 2; (« Conseil »)
"denominational theological program" means a program or subject for which credits are given only for a degree or diploma in theology; (« programme d'études en théologie confessionnelle »)
"Fund" means the Post-Secondary Grants Fund referred to in section 19; (« Fonds »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of 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; (« enseignement postsecondaire »)
"student" means, except in sections 12.1 to 12.6, a student of a university or college; (« étudiant »)
(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,
(d.1) University College of the North,
(d.2) Université de Saint-Boniface, and
(e) the corporation established by The Mennonite College Federation Act. (« université »)
COUNCIL ON POST-SECONDARY EDUCATION
2(1) The Council on Post-Secondary Education is established as a body corporate.
2(2) The Corporations Act does not apply to the council except to the extent determined by the Lieutenant Governor in Council.
3(1) The mandate of the council is to plan and coordinate the development of a post-secondary education system in the province that promotes excellence in and accessibility to education, supports the coordination and integration of services and facilities, and promotes fiscal responsibility.
3(2) In carrying out its mandate, the council may not interfere with
(a) the basic right of a university or college to formulate academic policies and standards;
(b) the independence of a university or college in fixing standards of admission and of graduation; or
(c) the independence of a university or college in the appointment of staff.
4 In carrying out its mandate, the council shall
(a) act as an intermediary between post-secondary institutions and the government; and
(b) operate within a framework of accountability established by the minister, who may give the council general direction on matters that relate to its mandate and that are, in the minister's opinion, of significant public interest.
5(1) The council is to consist of 11 members appointed by the Lieutenant Governor in Council.
5(2) The members are to be appointed for the term fixed in the order appointing them, which must not exceed three years.
5(3) Members of the council are eligible to serve no more than two consecutive terms.
5(4) A member whose term expires continues to hold office until reappointed or a successor is appointed.
5(5) The Lieutenant Governor in Council may fill a vacancy on the council by appointing a person to fill the unexpired term of the former member, and an appointment to an unexpired term is not to be considered as a term of office for the purpose of subsection (3).
5(6) A vacancy in the membership of the council does not impair the capacity of the remaining members of the council to act.
5(7) Members are to be paid the remuneration and expenses that the Lieutenant Governor in Council determines.
6(1) The Lieutenant Governor in Council shall designate one of the members of the council as chairperson and another as vice-chairperson of the council.
6(2) The chairperson is to preside over meetings of the council.
6(3) If the chairperson is absent or otherwise unable to act or if the office is vacant, the vice-chairperson has all the powers and shall perform the duties of the chairperson.
7 A majority of the members constitute a quorum of the council.
8 In consultation with the minister, the council may make any by-laws it considers necessary for the administration of its affairs, including by-laws to establish committees.
9 There may be appointed as provided in The Civil Service Act any officers and employees that are necessary to carry out the work of the council and the administration of this Act.
10(1) For the purpose of carrying out its mandate, the council has the capacity and powers of a natural person, except that it may not acquire, hold or dispose of an interest in real property, other than a leasehold interest, without first obtaining the approval of the Lieutenant Governor in Council.
10(2) The council is an agent of Her Majesty in right of the province.
DUTIES AND POWERS
11 To carry out its mandate, the council shall
(a) assess, on an ongoing basis, the post-secondary educational needs of the province and the ability of universities and colleges to meet those needs;
(b) within a framework established by the minister and after consultation with the universities and colleges and with students,
(i) determine priorities in the provision of post-secondary education, and
(ii) in accordance with those priorities, allocate funding to universities and colleges, or to programs within universities or colleges, with a view to avoiding unnecessary duplication of effort and expense within the post-secondary education system;
(c) advise and assist universities and colleges in planning for the development and delivery of academic programs, services and facilities;
(d) advise and assist universities and colleges in the development of a clear mandate for each institution;
(e) develop and implement, in cooperation with universities and colleges, accountability requirements for each university and college for the core functions of teaching, research and service, including the development of consistent and effective criteria for measuring their performance;
(f) facilitate the implementation of appropriate credit transfer arrangements between universities and colleges;
(g) exercise the powers and duties delegated to the council by the minister under section 6 of The Colleges Act; and
(h) advise the government on post-secondary education and related matters in the province.
12 The council may
(a) review and evaluate post-secondary programs and services and any other related matters;
(b) in consultation with the universities and colleges, develop policies for specialization and cooperation in the delivery of post-secondary programs and services;
(c) require a university or college, or an institution that receives a grant under subsection 27.1(1), to provide to the council, in the form and within the time period requested by the council, any financial or other information that the council considers necessary;
(d) recommend to the minister that the government enter into agreements and cooperative arrangements with extra-provincial authorities in order to provide Manitobans with access to post-secondary programs and services not available in the province;
(e) in consultation with the universities and colleges and with students, establish policies for tuition fees charged by universities and colleges;
(f) appoint a person or a committee to review and report on any matter concerning a university or college;
(g) request the auditor of a university or college to provide reports to the council on any matter related to the finances of the university or college;
(h) request the auditor of a university or college to undertake additional audits or other work in relation to the university or college and to report on that audit or other work to the council.
12.1(1) The following definitions apply in this section and in sections 12.2 to 12.5.
"educational identifier" means the educational identifier designated under subsection 6(1) of The Advanced Education Administration Act. (« identificateur scolaire »)
"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 étudiant »)
"institution" means a university, college or institution that receives a grant under subsection 27.1(1). (« établissement »)
"student" means a person who is or applies to be a student of an institution. (« étudiant »)
12.1(2) The information required under clause 12(c) may include individual student information about an identifiable student or former student, but only if the information is necessary for the council to
(a) examine student participation, attrition and completion;
(b) understand and track patterns of student progress, mobility, outcomes and employment;
(c) monitor progress toward increasing participation and success of under-represented groups;
(d) understand linkages between universities and colleges and high schools, adult learning centres, adult literacy programs and other institutions and educational providers;
(e) understand and anticipate trends in program choices among students;
(f) examine the patterns and changes in student tuition, fees and expenses;
(g) plan ways of enhancing the affordability and accessibility of post-secondary education; or
(h) identify conditions or barriers that inhibit student participation, progress, completion and transition to employment or future learning opportunities.
12.1(3) The council must require that an institution provide, or obtain and provide, it with any information, including individual student information, that is necessary for it to respond to a request made by the minister under subsection 3(2) of The Advanced Education Administration Act.
12.2 The council may require an institution to use a student's educational identifier when providing individual student information about an identifiable student to the council.
12.3 An institution that is required to provide information to the council must do so, and must use a student's educational identifier if the council requires it.
12.4(1) The council must
(a) not require or collect individual student information if other information will serve the purpose; and
(b) limit the amount of individual student information required or collected to the minimum amount necessary to accomplish the purpose.
12.4(2) Nothing in this Act limits the authority of the council 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.
12.5(1) The council must protect all information, including individual student information, that it collects from an institution by adopting reasonable administrative, technical and physical safeguards that ensure the confidentiality, security, accuracy and integrity of the information.
12.5(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.
12.6(1) For a purpose set out in subsection 12.1(2), the council may request the minister responsible for The Advanced Education Administration Act to collect on its behalf and provide to the council individual student information about a student that is held by a department.
12.6(2) In this section, "student" and "department" have the same meaning as in The Advanced Education Administration Act.
12.6(3) Sections 12.4 and 12.5 apply to individual student information collected by the council under this section.
13 The council shall
(a) manage the business and affairs of the council and ensure that they are conducted in accordance with this Act;
(b) hold regularly scheduled meetings and any other meetings that it considers appropriate;
(c) prepare and maintain full and accurate records of its proceedings, transactions and finances;
(d) develop and maintain a multi-year operating and program plan; and
(e) at least every five years, conduct an organizational and operational review of the council in accordance with guidelines provided by the minister.
14(1) In this section, "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.
14(2) A university or college that wishes to establish, make significant modifications to, or cease to provide a program of study, service or facility involving money at the disposal of the council shall first obtain the council's written approval.
14(3) After advising the minister, the council may grant an approval under subsection (2) for a limited period or may impose other terms and conditions on an approval, and a university or college shall comply with any terms and conditions that are imposed.
15 The fiscal year of the council is the period from April 1 to March 31 of the following year.
16(1) Within six months after the end of each fiscal year, the council shall prepare and submit to the minister an annual report of its operations during that fiscal year, and the report must include audited financial statements and any other information that the minister requests.
16(2) The minister shall lay the report of the council before the Legislative Assembly if it is in session, and if it is not, the minister shall without delay make the report public and, within 15 days after the beginning of the next session, lay a copy of the report before the Legislative Assembly.
16(3) The council shall provide the minister with any financial or other information that the minister may request.
17(1) The council shall establish and maintain an accounting system satisfactory to the minister.
17(2) The records, accounts and financial transactions of the council shall be audited annually by the Auditor General, and the costs of the audit shall be paid out of the Fund.
FINANCIAL SUPPORT FOR UNIVERSITIES AND COLLEGES
18(1) Before the beginning of each fiscal year, the council shall
(a) inquire into the financial requirements of universities and colleges, while having regard to the amounts expected to be available in the Fund; and
(b) prepare an annual funding plan that includes a budget for that fiscal year indicating
(i) the grants that the council proposes to make to universities and colleges for operating and capital purposes and for special purposes, and
(ii) the amount required for the operation of the council.
18(1.1) For the fiscal year that begins on April 1, 2014, and for each third fiscal year after that, the annual funding plan must include a forecast indicating the grants that the council proposes to make to universities for operating purposes in each of the following two fiscal years.
18(2) The council shall submit the annual funding plan to the minister for approval in the form and at the time specified by the minister.
18(3) Except with the written approval of the minister, the council shall not make any expenditure commitments that are not within the financial limits set by the annual funding plan.
19 The University Grants Fund is continued as the Post-Secondary Grants Fund, from which the council may make grants authorized under this Act and pay the costs related to providing those grants.
20 The money in the Fund shall be deposited in a financial institution, except as otherwise provided in subsections 21(3) and (4).
21(1) Amounts required for the conduct and operations of the Fund shall be paid to the council out of money appropriated by the Legislature for the purpose of the council.
21(2) Amounts paid under subsection (1) shall 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.
21(3) If at any time the balance at the credit of the Fund exceeds the amount required for the council's immediate purposes, the council shall pay over the excess to the Minister of Finance to be invested for the council, and the interest earnings are to be credited to the council's account in the Consolidated Fund.
21(4) Notwithstanding The Financial Administration Act, with the approval of the minister and subject to any terms that the minister may impose, the council may establish and maintain any reserves that it considers necessary or advisable, and money set aside for reserves must be paid to the Minister of Finance to be invested for the council.
22(1) To provide the council with working capital, the Minister of Finance, when requested to do so by the minister and with the approval of the Lieutenant Governor in Council, may advance to the council for use as working capital, without legislative authority or appropriation other than this section, such amounts as the minister requests.
22(2) An amount advanced under subsection (1) shall be repaid in the manner and on such terms and conditions, including the payment of interest, as the Minister of Finance may fix.
REQUIREMENTS FOR UNIVERSITIES AND COLLEGES
23(1) Each university and college shall submit to the council, at the time and in the form specified by the council, any comprehensive financial plans, budgets, financial statements, reports or other information that the council requests.
23(2) In any financial information submitted to the council, the assets, liabilities, reserves and other accounts relating to collegiate programs and denominational theological programs shall be identified separately from assets, liabilities, reserves and other accounts of other university or college operations.
24(1) After the end of each fiscal year, a board shall prepare and submit to the council and 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 minster may request.
24(2) The annual report of a university shall be submitted within six months after the end of each fiscal year and the annual report of a college shall be submitted within four months after the end of each fiscal year.
24(3) The minister shall lay the report of the university or college before the Legislative Assembly if it is in session, and if it is not, the minister shall without delay make the report public and, within 15 days after the beginning of the next session, lay a copy of the report before the Legislative Assembly.
24(4) A board shall, within 10 days after receiving a written request from the minister, provide the minister with any financial information that is specified in the request.
25 Notwithstanding any other Act, a university or college shall not incur any liability or make any expenditure in a fiscal year beyond
(a) the unexpended amount of the grants made to it by the council; 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 council.
PROTECTING AFFORDABILITY FOR UNIVERSITY STUDENTS
25.1 Sections 25.2 to 25.12 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.
25.2 The following definitions apply in this section and sections 25.3 to 25.12.
"academic year" means the 12-month period beginning on September 1 and ending on August 31 of the following year. (« année universitaire »)
"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 25.3. (« frais de cours »)
"professional degree program" means a program that is designated as a professional degree program by the council under clause 25.9(2)(a). (« programme de diplôme professionnel »)
"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 »)
"tuition fee", in respect of a university, means
(a) a fee set by the university's board of governors, board of regents or governing council as the tuition fee or fee for instruction in a program, 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 council designates as a tuition fee under subsection 25.5(1). (« frais de scolarité »)
25.3 The council may designate a fee or charge for materials 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 as a course-related fee.
25.4(1) If a university increases a course-related fee for material or a service that it provides to a student, the council may request the university to demonstrate, to the council's satisfaction, that the increase reasonably reflects the university's increased costs in providing the material or service.
25.4(2) A university that receives a request under subsection (1) must give the council any information that the council requests in respect of the university's costs in providing the material or service.
25.4(3) If the council is not satisfied that a university's increase in the course-related fee reasonably reflects the university's increased costs, the council may issue a directive to the university
(a) to refund some or all of the increased amount to each student who paid it; and
(b) to stop charging or accepting payment of some or all of the increase.
25.4(4) A university must comply with the directive.
University Tuition Fees
25.5(1) The council may designate a course-related fee, including a fee or charge designated as a course-related fee under section 25.3, as a tuition fee.
25.5(2) For the purpose of the calculation in subsection 25.7(1), when the council initially designates a course-related fee to be a tuition fee, it 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.
25.6(1) A university must determine its tuition fees for an academic year by May 31 of the calendar year in which the academic year begins.
25.6(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.
25.6(3) If there is a conflict between this section and a provision of an Act that establishes or continues a university, this section prevails to the extent of the conflict.
25.7(1) The increase in a tuition fee permitted for a university for an academic year is the tuition fee for the preceding academic year multiplied by the percentage change, as determined by the following formula, rounded to one decimal place:
% change = 100 × (A − B)/B
In this formula,
is the average of the 12 monthly consumer price indexes for the 12-month period ending on March 31 of the calendar year in which the academic year for which the tuition fee increase is being calculated begins;
is the average of the 12 monthly consumer price indexes for the 12-month period ending on March 31 of the preceding calendar year.
For this purpose, the monthly consumer price index is the monthly consumer price index for Manitoba (All-items), as published by Statistics Canada under the authority of the Statistics Act (Canada).
25.7(2) If satisfied that a university has increased or will increase a tuition fee for an academic year by more than the permitted increase, the council must
(a) determine the amount by which the increase in the tuition fee charged exceeds the permitted increase; and
(b) deduct that amount from the grants it would otherwise make to the university during that academic year.
25.7(3) A determination made by the council 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.
25.7(4) This section applies despite any other provision of this Act or any provision of an agreement entered into by the council and a university.
Professional Degree Programs
25.8(1) The council must, in consultation with the universities, develop a policy respecting the designation of programs as professional degree programs.
25.8(2) The policy must identify
(a) the characteristics of a professional degree program;
(b) the actions that must be taken and the procedures that must be followed by a university before it applies to have a program designated as a professional degree program; and
(c) the information that a university must provide to the council when making an application to have a program designated.
The policy may contain other provisions as determined by the council.
25.9(1) If a university has taken the actions and followed the procedures set out in the policy, it may apply to the council to have a program designated as a professional degree program.
25.9(2) On receiving an application, the council may
(a) designate the program as a professional degree program if satisfied that the program is suitable to be designated as a professional degree program under the policy; or
(b) deny the application.
25.10(1) A university may apply to the council to have a professional degree program exempted from the application of section 25.7 (permitted increase in tuition fees).
25.10(2) When applying for an exemption, the university must
(a) specify the increase in the tuition fees that the university proposes to implement for the professional degree program, and the academic years in which it proposes to implement those increases; and
(b) include any information that the council requests in respect of the application.
25.10(3) An application under subsection (1) may be made in conjunction with an application to have a program designated as a professional degree program.
25.11(1) On receiving an application under section 25.10 in respect of a program that is designated as a professional degree program, the council must assess the application by considering the following:
(a) whether the degree the program leads to is an entry-to-practice requirement for a profession;
(b) if higher tuition fees would 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 would 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 is 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;
(i) any other factor or matter that the minister directs the council to consider.
25.11(2) After assessing an application, the council must make recommendations to the minister, with reasons,
(a) respecting whether the program ought to be exempted from the application of section 25.7 (permitted increase in tuition fees); and
(b) if so, the increases in the tuition fees that the university should be permitted to implement.
25.12(1) If the minister, after considering the council's recommendations, is satisfied that the proposed increase in tuition
(a) will not unreasonably affect the affordability and accessibility 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 section 25.7.
25.12(2) The Lieutenant Governor in Council may, on the recommendation of the minister and on such terms and conditions as the Lieutenant Governor in Council considers appropriate, order that a program be exempted from section 25.7 (permitted increase in tuition fees). The order must state the academic years in which the exemption applies.
26(1) The minister may appoint a person or a committee to review and report on the mandate of the council or any other matter concerning the council or this Act.
26(2) A person or committee appointed under subsection (1) may examine and inspect any records, documents or things in the possession or under the control of the council and make any inquiries the person or committee considers necessary.
26(3) The person having custody of the 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.
27 No action or proceeding may be brought against the council, a member of the council, or an officer, employee or agent of the council for any act done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this Act, or for any neglect or default in the performance or exercise in good faith of such duty or power.
27.1(1) The Lieutenant Governor in Council may authorize the council to make grants to an institution that is not a university or college.
27.1(2) An institution that receives a grant from the council under this section shall submit to the council, at the time and in the form specified by the council, the annual budget of the institution and any other information that the council may request.
27.1(3) An institution that receives a grant from the council under this section shall submit to the council, 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 council may request.
28 The Lieutenant Governor in Council may make regulations respecting any matter or thing that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this Act.
NOTE: This section contained consequential amendments to The University of Manitoba Act which are now included in that Act.
30 The Universities Grants Commission Act, R.S.M. 1987, c. U50, is repealed.
31 This Act may be cited as The Council on Post-Secondary Education Act and referred to as chapter C235 of the Continuing Consolidation of the Statutes of Manitoba.
32 This Act comes into force on a day fixed by proclamation.
NOTE: S.M. 1996, c. 38 came into force by proclamation on April 28, 1997.
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