S.M. 1991-92, c. 26
Bill 49, 2nd Session, 35th Legislature
The Colleges and Consequential Amendments Act
|Table of Contents|
(Assented to July 26, 1991)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
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 and a university established under The Universities Establishment Act. («université»)
ESTABLISHMENT AND MANDATE OF COLLEGES
The Lieutenant Governor in Council may, by regulation, establish a college and shall designate the name of the college so established.
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
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.
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.
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.
The Regulations Act does not apply to a power exercised by the minister under this section.
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»)
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.
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.
The minister shall establish a Colleges Advisory Board to advise the minister on college-related policies and concerns.
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.
The Colleges Advisory Board shall perform the duties and functions that the minister confers or imposes on it.
There shall be a board of governors for each college.
A board shall be established by an order of the Lieutenant Governor in Council.
A board is a corporation with the name given to it by the Lieutenant Governor in Council.
The board shall be the governing body of the college and shall be responsible to the minister.
The Corporations Act does not apply to a board except to the extent that the Lieutenant Governor in Council determines.
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.
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.
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.
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.
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.
Members of a board are eligible to serve no more than two consecutive terms.
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 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.
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.
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.
A vacancy in the membership of a board does not impair the capacity of the remaining members of the board to act.
Members shall be paid the remuneration and expenses that the Lieutenant in Council determines and payment shall be made out of the funds of the board.
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.
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.
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.
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.
The by-laws of a board shall be open to examination by the public during the normal office hours of the college.
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.
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.
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.
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.
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.
A majority of the members appointed to a board constitute a quorum for the transaction of business.
DUTIES AND POWERS OF THE BOARD
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.
A board may
(a) provide services and programs of study consistent with the mandate of the college;
(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;
(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.
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.
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.
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
A board shall establish an executive committee consisting of the chairperson, the vice-chairperson and two other members of the board.
The president of the college is an ex officio, non-voting member of the executive committee.
The executive committee shall exercise the powers and perform the duties assigned to it in the by-laws of the board and shall act in accordance with the directions of the board.
The executive committee shall
(a) fix its quorum at not less than a majority of its members;
(b) keep minutes of its proceedings; and
(c) submit to the board at each meeting of the board, minutes of its proceedings held during the period since the most recent meeting of the board.
A board shall establish an audit committee to review and advise the board with respect to the financial statements to be included in the annual report and the auditor's report.
The auditor of the college is entitled to receive notice of every meeting of the audit committee and, at the expense of the college, to attend and be heard at the meetings and, if requested by a member of the audit committee, the auditor shall attend any or every meeting of the committee.
The auditor of the college or a member of the audit committee may call a meeting of the audit committee.
A board shall establish a planning committee for the purpose of developing and evaluating the multi-year operating and the multi-year capital plan referred to in clause 16(h).
A board may establish other committees that it considers necessary for the management and operation of the college.
When a board determines that the range of college programs and services being offered at a campus of a college warrants recognition as a regional campus, the board may establish a regional campus advisory committee consisting of not more than 10 persons to advise the board on the programs and services of the regional campus.
A board may determine the remuneration and reimbursement for expenses of members of any committee and payment shall be made out of the funds of the board.
A board shall establish a college council in accordance with guidelines provided by the minister.
The number of instructional staff members on the college council shall not be less than 1/3 of the total number of members of the college council.
The purpose of the college council is to provide a means through which the college staff and students may advise the board on academic and other matters and to
(a) promote the exchange of information and ideas between the college and the staff and students;
(b) consider ways of improving the delivery of programs and services by the college to the public;
(c) consider college policies as they affect staff and students; and
(d) consider methods to improve the operation of the college.
The college council shall make recommendations to the board with respect to any matter that the board refers to the college council and may make recommendations to the board on any other matter the council considers advisable.
A recommendation of the council shall be made in writing and shall be transmitted to the board through the chairperson for consideration at the next meeting of the board.
A member of the college council shall not be remunerated by the board for acting as a council member.
A board shall prepare an annual budget before the beginning of each fiscal year.
The board shall submit its annual budget to the minister for approval in the form and at the time specified by the minister.
The minister may approve the annual budget submitted under subsection (2) or may, after consultation with the board, amend it, and the board shall then adopt the annual budget as approved or amended by the minister.
The fiscal year of each board shall be the period prescribed by the minister.
A college board shall annually within four months after the end of its fiscal year prepare and submit to the minister an annual report of the operations of the college during that fiscal year and the report shall include audited financial statements of the college and any other information that the minister may request.
The annual report of a board shall be provided to the minister upon its completion, and the minister shall lay the report before the Legislative Assembly if it is then in session, and if not, then within 15 days of the beginning of the next Session.
A board shall, within 10 days of receiving a request in writing from the minister, provide to the minister any financial information that is specified in the request.
A board shall appoint an independent auditor who shall audit the records, accounts and financial transactions of the college annually.
Except with the written approval of the minister, a board shall not make any expenditure commitments that are not within the financial limits set by the annual budget under section 27.
A board may establish and maintain accounts in the name of the college with a bank, trust company, credit union or other similar financial institution.
All payments from an account shall be by cheque or order signed by an employee of the board designated by the board and, if so required by by-law of the board, by the chairperson of the board or a member designated by the board.
Subject to the approval of the Minister of Finance and the terms of any trust under which money to be invested is held by a board, a board may
(a) invest any part of the money of the college in any security or class of securities authorized for investment of money in the Consolidated Fund in accordance with The Financial Administration Act;
(b) dispose of investments in any manner, on any terms and in any amount that the board considers expedient; and
(c) pay to the Minister of Finance, for investment for the college, such additional money as is available for that purpose which is not immediately required for the purposes of the college.
Money paid to the Minister of Finance for investment under clause (1)(c) shall be held in trust and the interest earnings shall be credited to the account of the college in the Consolidated Fund, and such earnings, either alone or with the principal sum invested for the college, or any part of them, shall be paid to the college by the Minister of Finance at the request of the college.
Nothing in this section precludes the board from holding a security donated to it or from carrying out the terms of a deed of trust respecting a security.
Subject to the approval of the Lieutenant Governor in Council, a college may from time to time borrow or raise money for its temporary purposes by way of overdraft, line of credit, loan or otherwise upon the credit of the college.
The total amount borrowed or raised under subsection (1) for all colleges shall not exceed $20,000,000.
The terms and conditions of a temporary loan, overdraft or line or credit shall be determined by resolution of the board and approved by the minister.
The government may, on such terms as may be approved by the Lieutenant Governor in Council, guarantee the payment of the principal and interest of temporary borrowing under this section.
Subject to the approval of the Lieutenant Governor in Council, a college may raise money by way of loan on the credit of the college and issue notes, bonds, debentures or other securities and, through the Minister of Finance who shall be its agent, a college may
(a) sell or otherwise dispose of the notes, bonds, debentures or other securities, for such sums and at such prices as are considered expedient;
(b) raise money by way of loan on any securities; and
(c) pledge or hypothecate any securities as collateral security.
The powers conferred on a college under subsection (1) may be exercised
(a) only for the repayment of notes, bonds, debentures, or other securities issued by the college; or
(b) in cases to which clause (a) does not apply, only to the extent permitted by this Act or another Act of the Legislature.
When securities are pledged or hypothecated by a college as security for a loan that is later paid off, the securities are not thereby extinguished but are still alive and may be re-issued and sold or pledged as if the former pledging had not taken place.
Notes, bonds, debentures and other securities authorized under this section shall be in a form, bear a rate or rates of interest and be payable as to principal, interest and premium, if any, in the currency of a country or countries, at times and places and in the amounts and manner and on any other terms and conditions that the board, with the approval of the Lieutenant Governor in Council, may by resolution determine.
Notes, bonds, debentures and other securities authorized under this section
(a) shall be sealed with the seal of the college;
(b) shall, together with any coupons, be signed by the chairperson and a member of the executive committee of the college; and
(c) shall be countersigned by an officer appointed by the board for the purpose.
The seal of the college may be engraved, lithographed, printed, or otherwise mechanically reproduced on a note, bond, debenture or other security, and the signature of the chairperson and the member of the executive committee on a note, bond, debenture or other security may be engraved, lithographed, printed, or otherwise mechanically reproduced, and the seal when so reproduced has the same effect as if manually affixed, and any such signature is for all purposes valid and binding on the college notwithstanding that a person whose signature is so reproduced has ceased to hold office.
A recital or declaration in a resolution or the minutes of the board authorizing the issue or sale of notes, bonds, debentures or other securities, to the effect that the amount of notes, bonds, debentures or other securities so authorized is necessary to realize the net sum authorized or required to be raised by way of loan, is conclusive evidence of that fact.
The government may, on such terms and in a form and manner as may be approved by the Lieutenant Governor in Council, guarantee the payment of the principal, interest, and premium, if any, of any notes, bonds, debentures or other securities issued by a college.
A guarantee under subsection (1) shall be signed by the Minister of Finance or such other officer or officers as may be designated by the Lieutenant Governor in Council, and on its being signed, the government is liable for the payment of the principal, interest, and premium, if any, of the notes, bonds, debentures and securities guaranteed, according to the tenor thereof.
The signature of the Minister of Finance or of an officer or officers for which provision is made in subsection (2) may be engraved, lithographed, printed, or otherwise mechanically reproduced, and the mechanically reproduced signature of such a person is for all purposes valid and binding on the government notwithstanding that any person whose signature is so reproduced has ceased to
When this Act or another Act of the Legislature authorizes a college to borrow or raise by way of loan a specific or maximum number of dollars by the issue and sale of notes, bonds, debentures or other securities and the amount of the loan is raised in whole or in part by the issue and sale of securities payable in the currency of a country other than Canada or in units of monetary value, an equivalent amount in that other currency or unit of monetary value may be raised.
An equivalent amount under subsection (1) shall be calculated in accordance with the nominal rate of exchange between the Canadian dollar and that other currency or unit of monetary value on the business day preceding the day on which the Lieutenant Governor in Council authorizes the issue of the securities, as that normal rate is determined by any bank in Canada.
The minister may make grants to a board out of money appropriated by the Legislature for the purpose.
OFFICERS AND EMPLOYEES
A board shall appoint and determine the terms and conditions of employment of a president who shall be the chief executive officer of the college.
Subject to the direction of the board, the president is responsible for the general management and direction of the college including
(a) the policies, programs and services of the college;
(b) the business affairs of the college; and
(c) such other matters as may be delegated by the board to the president.
The president's term of office shall not exceed five years but may be renewed by the board.
The process adopted by a board for the appointment, review and removal of a president is subject to the approval of the minister.
A board may appoint any officers and employees it considers necessary for the purposes of the college and may determine the salaries and remuneration of those officers and employees and determine the terms and conditions of their employment.
A board may require an officer or employee to be bonded in any amount that the board may require for accounting for money or goods that come into the hands or under the control of the officer or employee.
The employees of a college are employees within the meaning of The Civil Service Superannuation Act.
Section 59 of The Labour Relations Act relating to common control or direction of associated or related activities or businesses does not apply to a board or to a college established under this Act or to the Crown in right of Manitoba.
For each college there shall be a students' association to provide for the administration of the affairs of the students at the college.
A students' association shall be incorporated with a corporate name that includes the name of the college and the words "students' association".
A students' association may set student activity fees.
A board may collect student activity fees and where it does so, it shall require the payment of the fees before registering a student.
Student activity fees collected under subsection (2) shall be paid to the students' association.
The students' association shall apply the fees received under subsection (3) to the provision and promotion of such social, educational and recreational activities and services for the benefit of students as it considers advisable.
With the agreement of the students' association, the board may exempt a student or a category of student from the payment of student activity fees.
The Lieutenant Governor in Council may, on the recommendation of the minister, appoint a person as administrator of a college if
(a) the board takes up a practice or tolerates a situation incompatible with the mandate of the college or this Act;
(b) the board incurs an expense or liability that is not provided for in the budget approved by the minister and has not been specially approved by the minister under section 31;
(c) in the opinion of the minister, financial or significant operational problems exist with respect to the college; or
(d) in the opinion of the minister, it is otherwise in the public interest to do so.
The administrator shall be paid the remuneration and expenses that the Lieutenant Governor in Council determines and the payment shall be made out of the funds of the board.
On the appointment of an administrator, the appointments of the members of the board terminate.
During the period of the administrator's appointment, the administrator is the sole member of the board and in the name of the board may exercise the powers and shall perform the duties of the board.
The administrator shall act in accordance with any directions given by the minister.
The president is subject to the direction of the administrator.
If the office of president is or becomes vacant during the appointment of an administrator, the requirement to appoint a president of the college is suspended, and while the office of president is vacant the administrator shall perform the duties and may exercise the powers otherwise vested in the president.
The Lieutenant Governor in Council may, on the recommendation of the minister, order the disestablishment of a college board on terms and conditions and with a disposition of assets and liabilities that the Lieutenant Governor in Council considers appropriate.
On disestablishment of a board,
(a) all the rights and property of the board become the rights and property of the government; and
(b) all debts and obligations of the board become debts and obligations of the government.
Documents required to be in writing and to which a board is a party are properly executed if the corporate name is witnessed by the signatures of
(a) the chairperson of the board or another person authorized by the board; and
(b) an officer of the college authorized by the board.
No action or proceeding may be brought against a board, a member of a board, a president or an officer or employee of a college or an agent of the college 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.
No action or proceeding may be brought against the president, a member of the board or an officer or employee or any person acting under the instructions of any of them, for a debt, liability or obligation of the college or the board.
No action, prosecution or other proceeding shall lie or be instituted against a college, a board or any member of a board, or an administrator, or officer or employee of the college, in respect of an act or omission of a student or students, whether organized as a students' association or not, arising out of any association or activity organized, managed, controlled or done, in whole or in part, by a student or students.
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.
TRANSITIONAL, CONSEQUENTIAL AND COMING INTO FORCE
In this section, "provincially-owned institution" means a community college or other post-secondary institution owned by the government and operated as part of a department of the government.
When a provincially-owned institution is established as a college under this Act, the Lieutenant Governor in Council
(a) shall determine the assets of the institution that become the property of the board of the college;
(b) may give any directions necessary for the purpose of having the ownership of those assets transferred to the board; and
(c) may declare that any debt or liability incurred by the government in connection with the provincially-owned institution shall become a debt or liability of the college.
When a provincially-owned institution is established as a college under this Act, the Lieutenant Governor in Council may transfer any employees in the civil service to a college and cause them to become employees of the college.
The Lieutenant Governor in Council may
(a) establish an interim governing authority for a college, consisting of one or more members;
(b) appoint the member or members of the interim governing authority and, if more than one member is appointed, shall designate one of them as its chairperson; and
(c) confer or impose on the interim governing authority any powers or duties considered necessary to carrying on its responsibilities.
Members of the interim governing authority shall be paid the remuneration and expenses that the Lieutenant Governor in Council determines.
An interim governing authority is a corporation with the name given to it by the Lieutenant Governor in Council and consists of the persons appointed as its member or members.
Notwithstanding any other provision of this Act, an interim governing authority may exercise or perform the powers and duties of
(a) the president, until the appointment of the first president; and
(b) the board, until the commencement of the board's first meeting.
An interim governing authority shall exercise its powers and duties until it is dissolved by a further order of the Lieutenant Governor in Council.
The Lieutenant Governor in Council may make any order it considers necessary in respect of the disposition of the rights, property, debts and obligations of the interim governing authority on its dissolution.
Subsection 4(3) of The Labour Relations Act is amended by striking out "and" at the end of clause (c), by adding "and" at the end of clause (d) and by adding the following as clause (e):
(e) section 42 of The Colleges Act.
The definition of "institutional lands" in section 798 of The Municipal Act is amended
(a) in the words preceding clause (a), by adding "or by a college established under The Colleges Act" after "university,";
(b) in clause (c), by adding "or a college established under The Colleges Act" after "university"; and
(c) in clause (d), by adding "a college established under The Colleges Act" after "university".
Subsection 22(1) of The Municipal Assessment Act is amended by adding the following after clause (b):
(b.1) is owned or used by, or is held for use by, a college established under The Colleges Act;
This Act may be cited as The Colleges Act and referred to as chapter C150.1 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day fixed by proclamation.