3rd Session, 43rd Legislature

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Bill 45

THE YELLOWQUILL UNIVERSITY COLLEGE ACT AND AMENDMENTS TO THE ADVANCED EDUCATION ADMINISTRATION ACT

(Assented to                                         )

WHEREAS the Government of Manitoba and Yellowquill University College are committed to working in cooperation and partnership to advance reconciliation through a respectful and engaged relationship within the post-secondary education and advanced learning system;

AND WHEREAS this commitment is also based on the recognition of the harmful legacy of 18 Indian residential schools operated in Manitoba and the intergenerational trauma caused to First Nations peoples by colonial policies and practices that continues to reverberate today;

AND WHEREAS concrete and constructive action to further culturally sensitive post-secondary and advanced learning education programming serves to advance reconciliation, address the legacy of Indian residential schools and support First Nation students to achieve their full academic potential;

AND WHEREAS Yellowquill University College was established in 1984 and given its mandate by the Dakota Ojibway Tribal Council to uphold the principle of First Nations control of First Nations education;

AND WHEREAS Yellowquill University College prepares students for the 21st century in an environment that preserves First Nations tradition and culture rooted in the values of wisdom, love, honesty, humility, truth, respect and courage;

AND WHEREAS Yellowquill University College is celebrated as an educational institution of excellence that has contributed to the social fabric of Manitoba with its team of dedicated and supportive professionals guiding learners to achieve success in education and employment;

AND WHEREAS Yellowquill University College upholds and respects the ideals of the National Indigenous Accreditation Board and the vision and goals of the World Indigenous Nations Higher Education Consortium;

THEREFORE HIS 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 directors appointed under the by-laws of Yellowquill University College. (« conseil »)

"degree" has the same meaning as in The Degree Granting Act. (« grade »)

"Knowledge Circle" means the members of the Knowledge Circle appointed under the by-laws of Yellowquill University College. (« Cercle du savoir »)

"minister" means the minister responsible for the administration of The Advanced Education Administration Act. (« ministre »)

"Yellowquill University College" means the corporation without share capital incorporated under The Corporations Act as "Yellowquill University College Incorporated". (« Yellowquill University College »)

Rights protected

2   This Act is not to be interpreted so as to abrogate or derogate from the Aboriginal and treaty rights of the Aboriginal peoples of Canada that are recognized and affirmed by section 35 of the Constitution Act, 1982.

YELLOWQUILL UNIVERSITY COLLEGE

Post-secondary educational institution

3(1)   Yellowquill University College is hereby acknowledged as an educational institution within the post-secondary education and advanced learning system in Manitoba that grants degrees, diplomas and certificates.

Name

3(2)   Yellowquill University College has the authority to use the term "University College" in accordance with subsection 3(1) of The Degree Granting Act.

Purposes and objectives

3(3)   The purposes and objectives of Yellowquill University College are hereby acknowledged to include the following:

(a) to provide university-level and college-level instruction and training, and preparatory training for post-secondary entry, in areas of knowledge and learning that align with the needs of First Nations;

(b) to establish and maintain faculties, schools, departments, institutes, chairs, lectureships, partnerships and programs of study approved by the Knowledge Circle;

(c) to grant degrees, including honorary degrees, and diplomas and certificates;

(d) to conduct research and development in areas of knowledge and learning that responds to the needs of First Nations in a way that respects the perspectives and beliefs of First Nations and to offer facilities for such research;

(e) to further the intellectual, spiritual, physical and emotional development of students while promoting the spirit of community among students, staff and graduates and sustaining the perspectives and beliefs of First Nations.

Governing body

4(1)   The board of Yellowquill University College is hereby acknowledged to be the governing body of Yellowquill University College.

Powers — administrative affairs

4(2)   The powers of the board are hereby acknowledged to include the ability to

(a) implement the purposes and objectives of Yellowquill University College;

(b) determine the administrative and academic organization of Yellowquill University College;

(c) appoint the senior administrators of Yellowquill University College;

(d) engage teaching and other staff and determine their duties and conditions of employment;

(e) collaborate, affiliate and enter into agreements with other universities and colleges and other educational institutions; and

(f) provide for scholarships, bursaries and academic prizes.

Other powers

4(3)   Subsection (2) does not restrict the powers of Yellowquill University College as set out in its articles of incorporation or by-laws or in The Corporations Act. However, the articles of incorporation or by-laws of Yellowquill University College must not be contrary to this Act.

Authority to grant degrees

5   Yellowquill University College has the authority to grant degrees in the subjects and courses offered by it in accordance with section 2 of The Degree Granting Act.

Content of programs and courses of study

6   Yellowquill University College has the exclusive right to determine the traditions, teachings, language and cultural values, practices and knowledge content of its programs and courses of study.

KNOWLEDGE CIRCLE

Academic affairs

7(1)   The Knowledge Circle is hereby acknowledged to be responsible for the academic affairs of Yellowquill University College.

Purpose

7(2)   The purpose of the Knowledge Circle is to ensure that Yellowquill University College offers culturally appropriate approaches for teaching and learning to promote educational sovereignty and to provide its students with relevant knowledge and skills.

Powers — academics

7(3)   The powers of the Knowledge Circle are hereby acknowledged to include the ability to

(a) set standards for academic learning and instruction based on First Nations traditions, teachings, language and cultural values, practices and knowledge;

(b) share academic knowledge while supporting traditional and cultural values and practices;

(c) determine the courses of study and the requirements for admission, examination and graduation;

(d) establish the degrees, diplomas and certificates to be granted by Yellowquill University College and the persons to whom they are to be granted;

(e) determine academic eligibility for scholarships, bursaries and academic prizes; and

(f) deal with academic misconduct.

FUNDING AND INFORMATION SHARING

Funding

8(1)   The Minister of Finance may, at the request of the minister, make grants to Yellowquill University College out of money appropriated by the Legislature for that purpose.

Consideration of grants in lieu of taxes

8(2)   Amounts granted under subsection (1) must take into consideration the obligation of Yellowquill University College to pay grants under Part 10, Division 7 (Grants in Lieu of Taxes) of The Municipal Act.

Sharing budget information

9(1)   Yellowquill University College is to share information with the minister about its annual budget and any other information that it wishes to provide or that the minister requests. The minister may determine the time and manner in which the budget and information are to be provided.

Sharing financial information re use of provincial funding

9(2)   After the end of its fiscal year, Yellowquill University College is to share information with the minister about the use of provincial funding during that fiscal year. The minister may determine the time and manner in which the information is to be provided.

Certain information to be kept separate

9(3)   The financial information to be provided to the minister is not to include information about programs offered to attain secondary school standing or that are approved by the minister responsible for The Education Administration Act.

Sharing information about student outcomes

10(1)   Yellowquill University College is to share information with the minister about student outcomes and success to understand and track patterns of student progress, mobility and employment, including information about student participation, attrition, program completion and graduation.

Permitted collection, use and disclosure continue

10(2)   Nothing in this section 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 and The Personal Health Information Act.

Application

10(3)   Subsection 3(3), section 4, subsection 5(2) and sections 7 to 9 of The Advanced Education Administration Act apply, with necessary changes, to the information shared under this section.

AMENDMENTS TO ADVANCED EDUCATION ADMINISTRATION ACT

C.C.S.M. c. A6.3 amended

11(1)   The Advanced Education Administration Act is amended by this section.

11(2)   Section 1 is amended in the definition "university" by striking out "and" at the end of clause (f), adding "and" at the end of clause (g) and adding the following after clause (g):

(h) the corporation acknowledged by The Yellowquill University College Act, referred to in this Act as "Yellowquill University College".

11(3)   The following is added after subsection 2(5):

Application to Yellowquill University College

2(5.1)   Subsection (5) does not apply to Yellowquill University College.

11(4)   Subsection 2.2(9) is amended by adding "or to Yellowquill University College" at the end.

11(5)   The following is added after subsection 9(2) and before the centred heading that follows it:

Exception

9.0.1   Sections 3 to 9 do not apply to Yellowquill University College. Section 10 of The Yellowquill University College Act applies instead.

11(6)   The following is added after section 9.7:

Yellowquill University College

9.8   Sections 9.1 to 9.7 do not apply to Yellowquill University College. Sections 8 and 9 of The Yellowquill University College Act apply instead.

CONSEQUENTIAL AMENDMENTS

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

12   Section 1 of The Colleges Act is amended in the definition "university"

(a) by striking out "and the corporation" and substituting ", the corporation"; and

(b) by adding "and the corporation acknowledged by The Yellowquill University College Act" at the end.

C.C.S.M. c. M226 amended

13   Subsection 22(1) of The Municipal Assessment Act is amended by adding the following after clause (j.1):

(j.2) is owned or used by, or is held for use by, the corporation acknowledged by The Yellowquill University College Act;

C.C.S.M. REFERENCE AND COMING INTO FORCE

C.C.S.M. reference

14   This Act may be cited as The Yellowquill University College Act and referred to as chapter Y25 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

15   This Act comes into force on a day to be fixed by proclamation.