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S.M. 2002, c. 29
Bill 20, 3rd Session, 37th Legislature
THE ADULT LEARNING CENTRES ACT
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(Assented to August 9, 2002)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"college" means a college as defined in The Colleges Act; (« collège »)
"correctional facility" means a correctional facility or penal institute operated by the government of Manitoba or the government of Canada; (« établissement correctionnel »)
"course" means a course of study
(a) established or approved under The Education Administration Act, or
(b) established or approved by regulation for registered centres; (« cours »)
"credit" means the recognition granted to a learner for successfully meeting the outcome set out in the curriculum of a course; (« unité »)
"education director" means the education director of a registered centre; (« directeur pédagogique »)
"educational program" means the courses and programs of studies offered by a registered operator in a registered centre; (« programme d'éducation »)
"First Nation band council" means the "council of the band" as defined in the Indian Act (Canada); (« conseil de bande des Premières nations »)
"instructor" means a person who meets the qualifications and requirements in the regulations and is authorized by the minister to teach a course at a registered centre; (« instructeur »)
"learner" means a person enrolled in a course or program of studies at a registered centre; (« apprenant »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)
"partnership agreement" means the agreement between partners referred to in subsection 8(2); (« entente de partenariat »)
"private school" means a private school under The Education Administration Act that receives funding under subsection 60(5) of The Public Schools Act, and includes its governing board; (« école privée »)
"program of studies" means a group of courses, established or approved by regulation, which when successfully completed results in the learner being granted credits which lead to a recognized educational credential; (« programme d'études »)
"program plan" means a registered centre's plan for a program year that includes
(a) an outline of its educational program,
(b) its enrollment policy and its anticipated enrollment, and
(c) the projected number of learners who are expected to attain recognized educational credentials in the program year; (« plan de programme »)
"program year" means the 12-month period from July 1 to June 30; (« année scolaire »)
"recognized educational credential" means
(a) a mature student high school graduation diploma established by regulation under The Public Schools Act, or
(b) another diploma or certificate established or approved by regulation,
and issued on successful completion of a program of studies; (« diplôme ou attestation reconnus »)
"recognized educational institution" means a school division, private school, university or college, or a regional vocational school established under subsection 49(1) of The Public Schools Act and its governing board; (« établissement d'enseignement reconnu »)
"registered centre" means an adult learning centre registered under this Act; (« centre enregistré »)
"registered operator" means the operator registered under this Act to operate a registered centre, and if it is operated by partners, includes both partners; (« responsable inscrit »)
"registrar" means the person appointed as registrar under section 4; (« registraire »)
"school division" means a school division or school district under The Public Schools Act, and includes its school board; (« division scolaire »)
"teacher" means a person who holds a valid and subsisting Manitoba permanent professional teaching certificate issued under The Education Administration Act, and subject to The Public Schools Act and The Education Administration Act, meets the qualifications and requirements in the regulations; (« enseignant »)
"university" means a university as defined in The Council on Post-Secondary Education Act. (« université »)
Interpretation of "partnership"
In this Act, "partnership" means an adult learning centre partnership in which two entities work in cooperation with each other, not with a view to profit, to operate a registered centre and provide an educational program for learners, and "partner" has a similar meaning. For greater certainty, The Partnership Act does not apply to an adult learning centre partnership.
Each entity in a partnership is jointly and severally responsible to operate the registered centre and provide an educational program in accordance with this Act and the regulations, the conditions and requirements of the registrar and the provisions of the partnership agreement.
Purpose of registered adult learning centres
The purpose of an adult learning centre registered under this Act is to provide an educational program using recognized principles of adult education to enable learners
(a) who have not completed secondary schooling; or
(b) who are ineligible to pursue post-secondary studies or other recognized educational opportunities;
to obtain recognized educational credentials or other necessary prerequisites to pursue further education and employment opportunities.
REGISTRATION OF CENTRES
The minister must appoint a person as the registrar for adult learning centres.
The registrar must
(a) maintain a register of registered operators and registered centres;
(b) perform the duties and may exercise the powers conferred on the registrar by this Act and the regulations; and
(c) perform any other duties that the minister may assign.
Form and content of information
Where under this Act the registrar requires or requests that information be provided, it must be provided in a form and content satisfactory to the registrar.
The registrar may, in writing, authorize a person to perform any of the registrar's duties or exercise any of the registrar's powers under this Act and the regulations.
An application for registration of an adult learning centre must be made to the registrar in a form approved by the registrar, and must include the following:
(a) an operating budget for the applicable program year of the centre, with an estimate of operating revenue and expenditures;
(b) any financial plans, financial statements, reports and information that the registrar requests;
(c) a program plan;
(d) information demonstrating that
(i) there is a need for an adult learning centre in the proposed location, and
(ii) the educational program to be offered will be responsive to the needs of learners;
(e) any other information required by the regulations.
Partners in an adult learning centre may jointly apply to operate and register the centre if one of the partners is a recognized educational institution and the other partner is
(a) a not-for-profit corporation;
(b) a correctional facility;
(c) a First Nation band council; or
(d) a training centre operated by a union, as defined in The Labour Relations Act, on a not-for-profit basis.
Stand-alone centres operated by recognized educational institutions
A recognized educational institution may apply to register and operate an adult learning centre under this Act without a partner.
Stand-alone centres operated by not-for-profit corporations, etc.
A not-for-profit corporation, a correctional facility or a First Nations band council may apply to register and operate an adult learning centre under this Act without a partner, but only if
(a) for at least three years immediately before applying for registration, it operated a registered centre under this Act in partnership with a recognized educational institution; and
(b) it can demonstrate that
(i) the centre and the applicant's officers and directors are capable of meeting the standards and requirements under this Act and the regulations, and
(ii) there are compelling reasons why it should operate a registered centre by itself, without a partner.
Despite subsection (2), commencing July 1, 2004, a not-for-profit corporation may apply to register and operate an adult learning centre without a partner, if
(a) for at least three years immediately before that date it
(i) operated the centre jointly with a recognized educational institution before the coming into force of this Act, and immediately after the coming into force of this Act was registered to operate the centre with the same partner, and
(ii) received funding from the government that was designated as adult learning centre program funding; and
(b) can demonstrate that
(i) the centre and the applicant's officers and directors are capable of meeting the standards and requirements under this Act and the regulations, and
(ii) there are compelling reasons why it should operate the centre by itself, without a partner.
General requirements for registration
An applicant for registration must satisfy the registrar that
(a) the applicant will provide an educational program through an adult learning centre that meets the purpose stated in section 3;
(b) there is a need for an adult learning centre in the proposed location;
(c) the educational program to be offered will be responsive to the needs of learners;
(d) sufficient financial resources are, or will be, available to operate the centre in compliance with this Act and the regulations;
(e) the applicant will have an education director who is a teacher or instructor and meets the other qualifications and requirements set out in the regulations;
(f) the applicant will employ only teachers or instructors to teach courses;
(g) the applicant has an acceptable enrollment policy for the centre;
(h) the centre's facility will be appropriate and appropriately equipped for providing courses and programs of studies; and
(i) the applicant and the centre will meet the standards and requirements set out in this Act and the regulations.
If the applicant is a partnership, the partners must also
(a) enter into a written partnership agreement, satisfactory in form and content to the registrar, that includes
(i) which partner is the employing authority for the education director, teachers and instructors,
(ii) the respective responsibilities of each partner in operating the registered centre, and
(iii) any other terms and conditions required by the registrar;
(b) provide a signed copy of the partnership agreement to the registrar; and
(c) demonstrate to the satisfaction of the registrar that
(i) each partner is capable of carrying out its responsibilities under the partnership agreement, and
(ii) the partners, in partnership, are capable of carrying out the responsibilities of a registered operator as set out in this Act and the regulations.
If the registrar is satisfied that an applicant and the adult learning centre meet the standards and requirements set out in this Act and the regulations, the registrar may register the centre, and the applicant as the registered operator of the centre.
The registrar may impose any conditions on the registration that the registrar considers necessary.
The term of a registration under this Act is for one program year or part of a program year, and expires on June 30.
Registration is not transferable.
The registrar may refuse to register a centre and applicant if, in the opinion of the registrar, the applicant and the centre do not meet the standards and requirements set out in this Act and the regulations.
If the registrar refuses to register a centre and an applicant, the registrar must
(a) give the applicant written notice of the refusal; and
(b) advise the applicant that the applicant may appeal the registrar's decision in accordance with section 16.
Once registered, a registered centre may
(a) grant credits to learners in accordance with the regulations;
(b) grant recognized educational credentials to learners in accordance with the regulations; and
(c) enter into an agreement with a recognized educational institution to provide courses leading to credentials awarded by that institution.
Registration required to grant credits or credentials
If a facility that provides adult education programs and its operator are not registered under this Act, it cannot grant credits or recognized educational credentials.
For greater certainty, a school division or private school may continue to offer mature student high school graduation diplomas to individual adults attending regular secondary classes that are not part of an adult program in a school division or private school.
Application to renew registration
To renew a registration, the registered operator must apply in a form approved by the registrar. The provisions of this Act and the regulations respecting registration apply, with necessary changes, to a renewal.
Despite subsection 9(3), if before a registration expires the registered operator applies to renew it, the registration continues until the renewal is granted or the registrar notifies the operator that the renewal of registration has been refused.
Suspension and cancellation of registration
The registrar may suspend on terms and conditions or cancel a registration if, in the opinion of the registrar, the registered operator or the registered centre
(a) no longer meets the standards and requirements set out in this Act and the regulations;
(b) has failed to comply with a provision of this Act or the regulations, a term or condition of the partnership agreement, if any, or a condition or requirement imposed by the registrar; or
(c) has failed to comply with a term or condition of a funding agreement under section 26.
Notice of suspension or cancellation
If the registrar suspends or cancels a registration, the registrar must
(a) give the operator written notice of the decision; and
(b) advise the operator that it may appeal the registrar's decision in accordance with section 16.
A registered operator may commence an appeal from a refusal, suspension or cancellation by filing a notice of appeal with the minister within 15 days after the person is notified in writing of the decision.
Within 20 days after a notice of appeal is filed, the minister must appoint an appeal board consisting of three members.
The minister may determine the amount of any remuneration and reimbursement for expenses that may be paid to members of an appeal board.
Rules of practice and procedure
An appeal board must deal with the appeal in accordance with the rules of practice and procedure set out in the regulations.
An appeal board may, by order,
(a) confirm or rescind the registrar's decision; or
(b) refer the matter back to the registrar for further consideration in accordance with the appeal board's direction.
Notice of appeal board's decision
The appeal board must notify the appellant and the registrar in writing of its decision.
A decision of the appeal board is final and binding.
A registered operator must operate the registered centre in accordance with
(a) the purpose set out in section 3, the requirements in section 8, and the other provisions of this Act and the regulations;
(b) any applicable partnership agreement; and
(c) any conditions or requirements that are imposed on the registered operator or the registered centre by the registrar.
A registered operator must only charge fees to or in respect of learners in accordance with the regulations.
Providing information to registrar
A registered operator must provide, at the times and in the form and manner that the registrar requires,
(a) a current program plan;
(b) an annual report containing
(i) audited financial statements for the registered centre for the preceding program year, and
(ii) information respecting enrollment and performance measures as set out in the regulations;
(c) a financial report and other financial information as described in clauses 5(a) and (b); and
(d) any other information respecting the registered operator or the registered centre that the registrar requests.
A registered operator must
(a) notify the registrar in writing within seven days of a change in its education director; and
(b) satisfy the registrar that the new person meets the qualifications and requirements for an education director as set out in this Act and the regulations.
Approval of registrar required before changes
A registered operator must obtain the approval of the registrar before
(a) changing the location of the registered centre, or adding a location from which its educational program is provided;
(b) making a material change in the centre's educational program or the manner of providing courses;
(c) making a material change in the centre's enrollment policy;
(d) if the registered operator is a partnership, making a material change in its partnership agreement; or
(e) making any other material change in a matter specified in the regulations.
Notice of change re corporation
If a registered operator is a not-for-profit corporation, it must notify the registrar in writing within 15 days of any change in the officers or directors of the corporation.
FUNDING AND FINANCIAL MANAGEMENT
Only a registered operator of a registered centre is eligible to apply for funding under this Act, but registration does not entitle a registered operator or a registered centre to receive funding under this Act.
Contents of funding application
An application for funding must be in a form approved by the registrar and must include
(a) an operating budget for the registered centre containing an estimate of operating revenue and expenditures for the following program year;
(b) any other financial plans, financial statements, reports and financial or other information that the registrar requests;
(c) an inventory of the furnishings, equipment, teaching materials and other property of the registered operator or the registered centre; and
(d) any other information requested by the registrar.
Time for submitting application
An application for funding must be submitted at the time specified by the registrar.
The minister may provide funding to a registered operator that applies for funding, out of money appropriated by the Legislature for the purpose, on the terms and conditions set by the minister.
The registered operator must enter into a written funding agreement with the minister or the minister's delegate that contains the amount of funding and the terms and conditions set by the minister.
A registered operator that receives funding under this Act must not incur any liability or make any expenditure in a program year beyond the amount set out in the funding agreement under section 26.
Surplus to be included in operating revenue
If there is any surplus in the operating funds of a registered centre in a program year, the registered operator must include the amount of the surplus in the centre's operating budget for the following program year.
Order to repay surplus if centre no longer funded
If a registered centre has a surplus and the registered operator and the registered centre are no longer funded under this Act, the minister may, by order, require the operator to repay to the government the amount of the surplus or a part, as determined by the minister.
Amount of surplus is a debt due the government
If the minister orders that the amount of the surplus or a part be repaid, the amount is a debt due the government by the registered operator.
Debt enforced as a court order
On filing a certified copy of the minister's order in the Court of Queen's Bench, the order may be enforced as if it were an order of that court.
If a registered operator that receives funding under this Act does not comply with a provision of this Act or the regulations, a condition or requirement imposed by the registrar or a term or condition of a funding agreement, the minister may withhold payment of all or part of any funding under this Act until the registered operator complies.
Authorization required to dispose of property
A registered operator that receives funding under this Act must not dispose of any furnishings, equipment or teaching materials that were acquired with funds received under this Act, or any interest or right in the property, by way of sale, lease or other disposition unless it first obtains the written authorization of the registrar.
Directions re property if ceasing to operate
If a registered operator
(a) ceases to operate a registered centre; and
(b) used funds received under this Act to purchase furnishings, equipment or teaching materials;
it must notify the registrar and only dispose of such property in accordance with the registrar's directions.
In this section, "registered operator" includes an operator whose registration has been suspended or cancelled and "registered centre" includes a centre whose registration has been suspended or cancelled.
For the purpose of determining if this Act or the regulations, a requirement or condition of the registrar, or a term or condition of a partnership agreement or funding agreement is being complied with, the registrar, or a person authorized in writing by the registrar, may
(a) enter any premises used or proposed to be used by a registered centre to provide a course or program of studies or any premises in which records, documents or things relating to a registered centre are kept;
(b) require the registered operator to produce for examination, audit or copying, any records, documents or things relating to the centre's operations that are in its possession or under its control;
(c) inspect equipment, facilities, teaching materials and other aspects of the learning environment of the centre; and
(d) on providing a receipt, remove a record, document, or thing, if it is relevant to the inspection.
Use of data processing system and copying equipment
In carrying out an inspection under this Act or the regulations, the registrar or authorized person may
(a) use a data processing system at the registered centre or the place where the records, documents or things are kept to examine any data contained in or available to the system;
(b) reproduce, in the form of a print-out or other intelligible output, any record from the data contained in or available to a data processing system at the registered centre or in the place; and
(c) use any copying equipment at the registered centre or place to make copies of any record or document.
A person who has custody or control of a record, document or thing referred to in subsection (2) must give the registrar or authorized person,
(a) all reasonable assistance to enable the registrar, or the person authorized, to carry out his or her duties; and
(b) any information he or she may reasonably require.
A justice who is satisfied by information on oath that the registrar or authorized person has been prevented from exercising his or her powers under this Act or the regulations may issue a warrant authorizing the registrar or the authorized person and any other person named in the warrant, to exercise those powers.
Evaluation of educational program
For the purpose of determining if this Act or the regulations, a condition or requirement of the registrar or a term or condition of a registration, a partnership agreement or a funding agreement is being complied with, the registrar or a person authorized in writing by the registrar may evaluate the educational program offered by a registered centre. To do so he or she may
(a) exercise any of the powers of inspection referred to in section 33;
(b) observe the manner in which the educational program is being provided to learners;
(c) conduct interviews or surveys of learners on the premises of the centre, or require the centre to provide the names, addresses and telephone numbers of learners and former learners for the purpose of conducting off-site interviews or surveys; and
(d) take any other steps to evaluate the centre that are considered necessary by the registrar or authorized person.
No person shall obstruct the registrar or a person authorized by the registrar in making an inspection under section 33 or an evaluation under section 34, or withhold from such a person or conceal or destroy any record relevant to the inspection or evaluation.
The minister may make regulations
(a) respecting registration of adult learning centres and their operators, and renewal of registration, including
(i) respecting information required in support of an application for registration or renewal of registration,
(ii) respecting information to be kept in the register, and
(iii) specifying the information in the register that is to be publicly available;
(b) establishing or approving courses, course curricula and programs of studies for registered centres, including approving text books and other teaching materials;
(c) establishing or approving recognized educational credentials that may be granted by registered centres;
(d) respecting the granting of credits and recognized educational credentials by registered centres, including requirements and standards respecting transcripts and records of student achievement;
(e) respecting the transfer of credits between registered centres and other educational institutions;
(f) respecting the qualifications and requirements of education directors, teachers and instructors;
(g) respecting enrollment policies of adult learning centres, including establishing eligibility requirements for learners and standards for assessing learners before they are enrolled;
(h) establishing standards for registered centres, including standards respecting
(i) the availability of technology and of library and reference materials,
(ii) the size and physical condition of registered centres,
(iii) the availability and condition of equipment and teaching materials, and
(iv) the assessment and evaluation by registered centres of their educational programs;
(i) specifying those changes respecting a registered operator or registered centre where prior notice to the registrar is required, and specifying those changes which require the registrar's approval;
(j) respecting the manner of giving notice of any decision or matter under this Act;
(k) respecting appeals under section 16, appeal boards and rules of practice and procedure for appeal boards;
(l) respecting fees and charges, including
(i) registration fees, and
(ii) fees and charges that a registered centre is authorized to charge to or in respect of learners;
(m) respecting applications for funding for registered centres, including the information required in support of an application for funding;
(n) respecting records to be created and maintained by registered operators and registered centres, including financial records and enrollment records, and respecting standards of record keeping;
(o) respecting information that registered operators and registered centres are required to provide to the registrar or to the minister, including information respecting enrollment and performance measures, and the times, form and manner in which information is to be provided;
(p) respecting information that registered operators and registered centres are required to make publicly available, including requirements respecting the posting of registration documents issued by the registrar;
(q) respecting access by learners to their personal information, as defined in The Freedom of Information and Protection of Privacy Act, in records that are in the custody or under the control of registered operators or registered centres;
(r) respecting the protection of personal information, as defined in The Freedom of Information and Protection of Privacy Act, in records that are in the custody or under the control of registered operators or registered centres;
(s) for the purpose of section 40, setting out the matters for which, and the extent to which, a registered centre is a school for the purpose of The Education Administration Act and The Public Schools Act;
(t) respecting any other matter necessary or advisable to carry out the purposes of this Act.
Within six months after the end of each program year, the minister must prepare an annual report respecting registered centres and their operation.
The minister must lay a copy of the report before the Legislative Assembly within 15 days after preparing it if the Assembly is sitting or, if it is not, within 15 days after the beginning of the next sitting.
No action or proceeding for damages may be brought against the minister, the registrar or any person acting under the authority of, or engaged in the administration of, this Act or the regulations because of anything done or omitted in good faith
(a) in the performance or intended performance of a duty under this Act or the regulations; or
(b) in the exercise or intended exercise of a power under this Act or the regulations.
No liability for actions of learners
No action or other proceeding for damages shall be instituted against a registered operator or registered centre or any officer or employee of a registered operator for any act or omission of any of them with respect to any activity of a learner or by reason of any act or omission of a learner.
Relationship to Public Schools Act and Education Administration Act
A registered centre is not a school for the purposes of The Education Administration Act and The Public Schools Act except with respect to the matters set out in the regulations and to the extent specified in the regulations.
This Act may be referred to as chapter A5 of the Continuing Consolidation of the Statutes of Manitoba.
Consequential amendment, C.C.S.M. c. C150.1
Section 17 of The Colleges Act is amended by adding the following after clause 17(a):
(a.1) establish and operate, or enter into a partnership to establish and operate, an adult learning centre in accordance with the requirements of The Adult Learning Centres Act;
Consequential amendment, C.C.S.M. c. E10
Subsection 3.1(5) of The Education Administration Act is amended by adding "or The Adult Learning Centres Act" after "this Act".
Consequential amendment, C.C.S.M. c. P250
Subsection 48(1) of The Public Schools Act is amended by adding the following after clause 48(1)(b):
(b.1) establish and operate, or enter into a partnership to establish and operate, an adult learning centre in accordance with The Adult Learning Centres Act;
COMING INTO FORCE
This Act comes into force on July 1, 2003.