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The Advanced Education Administration Amendment Act

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S.M. 2021, c. 33

Bill 33, 3rd Session, 42nd Legislature

The Advanced Education Administration Amendment Act

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill amends The Advanced Education Administration Act to enable the minister to issue guidelines concerning tuition fees and student fees charged by universities. For colleges, these fees may be set by regulation.

The guidelines and regulations may limit a fee increase or require a fee to be decreased. They may also prohibit compulsory student fees.

A university's provincial funding is to be reduced by the amount that the university charges in excess of the guidelines.

Related amendments are made to The Colleges Act and The Red River College Act.

(Assented to May 20, 2021)

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) in the definition "tuition fee",

(i) in the part before clause (a), by striking out "a university" and substituting "a university or college", and

(ii) in the part of clause (a) before subclause (i) of the English version, by striking out "university's board" and substituting "board of the university or college"; and

(b) by adding the following definition:

"student fee" means a fee set by a board that is payable by a student to a university or college, but does not include a fee set by or payable in respect of the student union or student association of a university or college. (« frais d'étudiants »)

3

Clause 2(1)(c) is amended by adding "sustainable," before "coordinated".

4

Section 2.2 is replaced with the following:

Minister to issue guidelines for university tuition fees and student fees

2.2(1)

The minister may issue guidelines in respect of a tuition fee or student fee set by a university board.

Content of guidelines — compulsory student fees

2.2(2)

A guideline may specify that the amount of a student fee that the university makes compulsory for a student to pay is an amount that exceeds the guidelines.

Ministerial actions re universities

2.2(3)

If the minister is satisfied that a university has charged a student an amount that exceeds the amount provided for in the guidelines, the minister must direct the Minister of Finance to deduct an amount equivalent to the excess from any grant requisitioned for the university under section 9.1.

Deduction must be made

2.2(4)

The Minister of Finance must comply with a direction received under subsection (3).

Regulations for college tuition fees and student fees

2.2(5)

The minister may make regulations respecting tuition fees or student fees set by the board of a college, including regulations prohibiting a student fee from being compulsory.

Content of guidelines and regulations

2.2(6)

A guideline or regulation under this section may provide that

(a) a tuition fee or student fee be a specified amount;

(b) any increase in a tuition fee or a student fee be subject to a maximum limit, as determined in the manner provided; or

(c) a tuition fee or a student fee be decreased by a specified amount or by an amount determined in the manner provided.

Application of guidelines and regulations

2.2(7)

A guideline or regulation may

(a) be general or particular in its application;

(b) establish different classes of tuition fees or student fees and may apply differently to different classes; and

(c) exempt a tuition fee or student fee or a class of them from the application of this section, and may impose terms and conditions on such an exemption.

Information about tuition fees and student fees

2.2(8)

For the purposes of this section, the minister may request a university or college provide information about its tuition fees or student fees. A university or college that receives such a request must comply with it in the form and manner and within the time specified by the minister.

Exception

2.2(9)

This section does not apply to the corporation established by The Mennonite College Federation Act.

5

Clause 3(3)(f.1) is amended by striking out "student tuition, fees and expenses" and substituting "tuition fees, student fees and other expenses incurred by students".

6

Clause 9.7(5)(b) is amended by adding "and any associated student fee" after "tuition fee".

Related amendment, C.C.S.M. c. C150.1

7

Clause 17(d) of The Colleges Act is replaced with the following:

(d) subject to The Advanced Education Administration Act and the regulations made under that Act, set tuition fees and the rates of other fees and service charges to be paid by students;

Related amendment, C.C.S.M. c. R31

8

Clause 13(f) of The Red River College Act is replaced with following:

(f) subject to The Advanced Education Administration Act and the regulations made under that Act, set tuition fees and the rates of other fees and service charges to be paid by students;

Coming into force

9

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