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S.M. 2017, c. 37

Bill 31, 2 nd Session, 41st Legislature

The Advanced Education Administration Amendment Act

Explanatory Note

This note is a reader's aid and is not part of the law.

The Advanced Education Administration Act restricts increases in university tuition fees and course-related fees. This Act amends the restrictions on tuition increases and removes the restrictions on course-related fees.

The provincial grants to a university may be reduced if the university increases tuition fees by an amount greater than that allowed by the Act. Grants may also be reduced if the average tuition fees in Manitoba exceed the lowest average tuition fees in any province west of Manitoba.

The tuition provisions do not apply to programs offered by the Canadian Mennonite University.

(Assented to November 10, 2017)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

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

1

The Advanced Education Administration Act is amended by this Act.

2

Section 1 is amended

(a) by repealing the definition "course-related fee"; and

(b) by repealing clause (b) of the definition "tuition fee".

3

The following is added after section 2.1 and before the centred heading that follows it:

Ministerial actions to prevent excessive tuition increases

2.2(1)

If satisfied that a university has increased or will increase a tuition fee for an academic year by more than the amount determined under the following formula, the minister must

(a) determine the amount by which the increase exceeds the amount determined by the formula; and

(b) direct the Minister of Finance to deduct the excess amount from any grant requisitioned for the university under section 9.1.

A × (1 + B)

In this formula,

A

is the tuition fee in the previous academic year;

B

is 0.05, plus the percentage change in the average of the 12 monthly consumer price indexes between the previous 2 calendar years.

Monthly consumer price index

2.2(2)

In the description of B in the formula in subsection (1), "monthly consumer price index" means the monthly consumer price index for Manitoba (All-items), as published by Statistics Canada under the authority of the Statistics Act (Canada).

Average tuition fees not to exceed lowest average west of Manitoba

2.2(3)

The minister may also direct the Minister of Finance to make deductions in the grants requisitioned for universities under section 9.1 if he or she is reasonably satisfied that the average tuition fees charged by the universities exceed the lowest average tuition fees charged by the universities in any province west of Manitoba.

Tuition information

2.2(4)

The minister may do the following for the purpose of subsection (3):

(a) request a university provide information about its tuition fees;

(b) adopt the most recent tuition fee averages published by Statistics Canada or another body or organization recognized by the minister;

(c) compile tuition fee information from publicly available sources and make any adjustments reasonably necessary to ensure that the required comparisons are accurate and appropriate.

University must comply

2.2(5)

A university that receives a request under clause (4)(a) must provide the information requested in the form and manner and within the time specified by the minister.

Application

2.2(6)

This section does not apply to tuition fees charged by the following:

(a) Université de Saint-Boniface, for the college-level instruction it provides;

(b) University College of the North, for the college-level instruction it provides; and

(c) the corporation established by The Mennonite College Federation Act.

Deduction must be made

2.2(7)

The Minister of Finance must comply with a direction received under this section.

4

Clause 9.7(5)(b) is replaced with the following:

(b) for a new program, the tuition fee may be subject to the terms and conditions imposed on the program's approval.

5

The centred heading before section 10.1 and sections 10.1 to 10.10 are repealed.

6

Section 11.1 is repealed.

7

Clauses 11.2(1)(b) and (c) are repealed.

S.M. 2016, c. 20 amended (unproclaimed)

8

Section 2.2, as enacted by The Sexual Violence Awareness and Prevention Act (Advanced Education Administration Act and Private Vocational Institutions Act Amended), S.M. 2016, c. 20, is amended by renumbering it as section 2.3.

Coming into force

9

This Act comes into force on the day it receives royal assent.