Fifth Session, Thirty-Eighth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.
THE DEGREE GRANTING ACT
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(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following definitions apply in this Act.
"court" means the Court of Queen's Bench. (« tribunal »)
"degree" means recognition or implied recognition of academic achievement that
(a) is specified in writing to be
(i) a baccalaureate, masters, doctoral or similar degree, or
(ii) an honorary degree; and
(b) is not a degree or honorary degree in theology. (« grade »)
"institution" includes an association of natural persons, a partnership and a corporation. (« établissement »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
Unless exempt under subsection (2), no individual or institution may directly or indirectly
(a) grant a degree;
(b) offer or provide a program or part of a program of post-secondary study that provides for the granting of a degree to a person who successfully completes the program;
(c) advertise, represent or hold out in any manner that it has the authority to do the things referred to in clause (a) or (b); or
(d) sell, offer for sale or provide for a fee, reward or other remuneration, a degree or other document or material that indicates or implies the granting of a degree.
The following are exempt from the application of subsection (1):
(a) an institution expressly authorized by an Act of the Legislature, including a private Act, to grant a degree or offer a program of post-secondary study that leads to the granting of a degree;
(b) Steinbach Bible College;
(c) an institution prescribed by regulation.
Except as authorized by an Act of the Legislature, including a private Act, no person or institution shall directly or indirectly use the word "university" or "varsity", or any derivation or abbreviation of either of those words,
(a) in the name of any business or undertaking;
(b) in any advertising; or
(c) in the name of any thing, place or building;
without the prior written approval of the minister.
The minister may delegate to the Council on Post-Secondary Education the power to approve the use of the words "university" and "varsity" under subsection (1).
The requirements of this section are in addition to the provisions of any other enactment respecting the use of a word in a name.
A person or institution who contravenes this Act is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.
When a contravention of this Act continues for more than one day, the person or institution is guilty of a separate offence for each day the contravention continues.
A prosecution under this Act may not be commenced later than one year after the day the alleged offence was committed.
Despite any other penalty, if a person or institution contravenes this Act, the court may, on application by the minister, make an order preventing the person or institution
(a) from continuing or repeating the contravention; or
(b) from doing anything that will, or is likely to, result in the contravention continuing or being repeated.
The court may make an order under this section on any terms or conditions that it considers appropriate.
The Lieutenant Governor in Council may make regulations exempting an institution from the application of all or part of subsection 2(1).
A regulation under subsection (1) expires three years after it is made, unless a shorter period is prescribed in the regulation.
Subsection 63(1) of The University of Manitoba Act is replaced with the following:
Without the authority of the board, no person shall assume or use the coat of arms or crest of the university, or any design in imitation of it or calculated to deceive by its resemblance to the coat of arms or crest of the university.
This Act may be referred to as chapter D25 of the Continuing Consolidation of the Statutes of Manitoba.
This Act, except sections 2 and 6, comes into force on the day it receives royal assent.
Sections 2 and 6 come into force on January 1, 2007.