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C.C.S.M. c. R31
The Red River College Act
(Assented to June 30, 2015)
WHEREAS a strong, integrated and coordinated post-secondary education system gives Manitobans the opportunity for a prosperous future;
AND WHEREAS Red River College plays a key role in providing educational programming, research and apprenticeship technical training in applied arts, science and technology that serve the diverse needs and interests of the people of Manitoba;
AND WHEREAS the size of Red River College and the scope of its programming makes it appropriate that Red River College be recognized in its own statute;
AND WHEREAS improved oversight and accountability will ensure that Red River College continues to provide for effective student learning;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following definitions apply in this Act.
"auditor" means an auditor appointed under section 30. (« auditeur »)
"board" means the board of governors of Red River College established under section 5. (« conseil »)
"member" means a member of the board, except when used in reference to a member of the college council in section 21. (« membre »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"president" means the president of Red River College appointed under section 22. (« recteur »)
"student" means a person enrolled as a student at Red River College. (« élève »)
"students' association" means the students' association of Red River College. (« Association des élèves »)
Red River College is continued as a corporation without share capital and is composed of the members of the board.
The Corporations Act does not apply to Red River College.
Red River College is to enhance the economic and social well-being of Manitoba by
(a) providing applied learning opportunities that serve and respond to Manitoba's labour market needs; and
(b) offering a supportive environment for students to engage in applied learning to develop their personal skills and further their career opportunities.
In carrying out its mandate, Red River College may provide
(a) programs of study and training in academic, scientific, trade, technical, technological and vocational fields for full-time and part-time students;
(b) educational programs and courses, independently or in conjunction with a school division or school district, for adults and for those seeking a high school diploma, including dual-credit courses;
(c) programs and services that enable students to fully participate in the programming and activities offered by Red River College and that support students moving from learning to employment;
(d) services to governments, corporations and other bodies and persons relating to programs it provides, including applied research, on terms it considers appropriate;
(e) joint programs developed and delivered in conjunction with a university or other educational institution;
(f) training programs paid wholly or partly by government, private business or non-profit groups; and
(g) other related post-secondary education and training functions directed to be provided by the minister.
BOARD OF GOVERNORS
The board of governors is to consist of the following, as appointed by the Lieutenant Governor in Council:
(a) one member who is an employee of Red River College selected by the employees of Red River College;
(b) one member who is a student selected by the students' association;
(c) at least 9 but not more than 15 persons recommended by the minister.
In recommending persons to be appointed as the members under clause (1)(c), the minister is to consider the need of the board as a whole to
(a) reflect the diversity of educational and community interests of its student population and the places from which they come; and
(b) have appropriate experience and expertise in the areas of Red River College's mandate, as well as the area of financial management.
The term of office of
(a) an employee appointed under clause (1)(a)
(i) is two years and the person may be selected for further terms, and
(ii) ends if the person ceases to be an employee;
(b) a student appointed under clause (1)(b)
(i) is one year and the person may be selected for further terms, and
(ii) ends when the person ceases to be a student, but if the student graduates before the term expires he or she may remain a member until the expiration of the term; and
(c) a person appointed under clause (1)(c) is up to three years, and such a person may hold office for no more than ten consecutive years.
A member continues to hold office after the expiry of the member's term until the member is re-appointed or the member's successor is appointed.
When a member fails to attend three consecutive regular meetings of the board, the board may recommend to the minister that the member's appointment be revoked.
Vacancy does not impair the board's powers
A vacancy in the membership of the board does not impair the capacity of the remaining members to act.
President as ex officio member
In addition to the members referred to in subsection (1), the president is an ex officio, non-voting member who is not eligible to be designated as chair or vice-chair of the board.
Members shall be paid the remuneration and expenses that the Lieutenant Governor in Council determines and payment shall be made out of the funds of the board.
The chair and the vice-chair of the board are to be designated by the Lieutenant Governor in Council from among the members appointed under clause 5(1)(c).
The vice-chair has the authority of the chair when the chair is absent or unable to act, or when authorized by the chair.
Each member must
(a) act honestly and in good faith with a view to the best interests of Red River College; and
(b) exercise the care, diligence and skill that a reasonable and prudent person should exercise in comparable circumstances.
The board may make by-laws respecting the conduct and management of Red River College's business and affairs.
The board must make its by-laws available to the public by posting the by-laws on a Red River College website and by any other means the board considers advisable.
Prior notice of a meeting of the board must be given to the members 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 the 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 the board to be confidential to Red River 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 the 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 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 the board constitute a quorum for the transaction of business.
The board is to
(a) manage the business and affairs of Red River College and ensure that they are conducted in accordance with this Act and the laws of the province;
(b) adopt appropriate internal control policies and procedures and ensure that they are implemented and maintained;
(c) determine the general policies with respect to the organization, administration, operation and programs of study of Red River College;
(d) evaluate programs of study on a regular basis;
(e) hold regular monthly meetings and any other meetings that the board considers appropriate;
(f) prepare and maintain full and accurate records of its proceedings, transactions and finances;
(g) develop and adopt conflict of interest guidelines for employees of Red River College;
(h) publish an annual academic report that includes student information respecting enrolment, attrition, graduation and graduate employment placement;
(i) develop and maintain a multi-year operating plan and a multi-year capital plan; and
(j) at least every five years, conduct a special organizational and operational review.
The board may
(a) provide services and programs of study consistent with the mandate of Red River College;
(b) engage with business and industry in developing curriculum and undertaking applied research to serve the needs of particular segments of Manitoba's economy;
(c) provide for the granting of certificates, diplomas and baccalaureate degrees with an applied focus for programs of study;
(d) 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;
(e) establish the admission requirements for students;
(f) set tuition fees and the rates of other fees and service charges to be paid by students;
(g) make by-laws respecting and prohibiting the parking or leaving of vehicles on property under the control of Red River College, including, but not limited to, by-laws respecting the following:
(i) the places where, the times when and the conditions under which persons are authorized to park or are prohibited from parking or leaving vehicles,
(ii) the placement of parking control signs, markings and meters prohibiting or governing the parking or leaving of vehicles,
(iii) the fees and charges to be paid by owners or operators of vehicles parked on property under the control of Red River College, including fees and charges for vehicles parked or left in contravention of the by-laws,
(iv) the removal and impoundment of vehicles parked or left in contravention of the by-laws;
(h) provide for the discipline of students, and when doing so the board has the power to expel, suspend, fine or levy assessments for damage done to property;
(i) provide and facilitate the providing of scholarships or bursaries to students;
(j) act as a trustee of any money or property given in any manner for the support of Red River College or its students;
(k) authorize the establishment of a charitable foundation, as that term is defined in the Income Tax Act (Canada), to benefit, directly or indirectly, Red River College and its students;
(l) enter into agreements for the purpose of performing its duties or exercising its powers under this Act; and
(m) do any other thing that the board considers necessary or advisable to carry out the mandate of Red River College.
Powers of board respecting property
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 Red River College;
(b) construct, renovate, expand, convert or relocate buildings or structures; and
(c) sell, lease or otherwise dispose of any of its property that it considers to be no longer necessary for its purposes.
Power to manage and insure property
The board may manage, insure, maintain or repair any of its property.
Section 20 of The Crown Corporations Governance and Accountability Act regarding the disclosure of interests in a contract applies, with necessary modifications, to members and to the officers of Red River College.
COMMITTEES OF THE BOARD
The board must establish an executive committee consisting of the chair, the vice-chair and two other members.
President as ex officio member
The president is an ex officio, non-voting member of the executive committee.
The executive committee is to 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 must
(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.
The board must establish a finance and audit committee consisting of at least three members, all of whom must be members appointed under clause 5(1)(c).
Duties of finance and audit committee
The finance and audit committee must
(a) subject to clause 12(b),
(i) oversee the development of Red River College's internal control policies and procedures and report to the board on the particular policies and procedures before they are adopted by the board, and
(ii) on a regular basis, review and evaluate the internal control policies and procedures, including meeting with the auditor and officers to discuss the effectiveness of the policies and procedures;
(b) at the times directed by the board, receive and review reports on the financial condition of Red River College;
(c) review Red River College's annual financial statements and report to the board before those statements are approved by the board;
(d) meet with the auditor to discuss the annual financial statements and the auditor's report; and
(e) carry out any other activity assigned to the committee by the board.
The auditor is entitled to receive notice of every meeting of the finance and audit committee and, at the expense of Red River College, to attend and be heard at the meetings and, if requested by a member of the committee, the auditor must attend any or every meeting of the committee.
Auditor or member may call meeting
The auditor or a member of the finance and audit committee may call a meeting of the committee.
The board must 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 12(i).
The board may establish other committees that it considers necessary for the management and operation of Red River College.
The board may determine the remuneration and reimbursement for expenses of members of any committee and payment is to be made out of the funds of the board.
The amount or rate of remuneration and reimbursement for expenses determined under subsection (1) must not exceed the amount or rate of remuneration determined by the Lieutenant Governor in Council under section 6.
The board must establish a college council in accordance with guidelines provided by the minister.
The membership of the college council is to be determined by the board, but the membership must include at least one student and the number of instructional staff members must not be less than 1/3 of the total membership of the council.
The purpose of the college council is to provide a means through which Red River College's 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 must 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 college council considers advisable.
Board to consider recommendations
A recommendation of the college council must be made in writing and must be transmitted to the board through the chair for consideration at the next meeting of the board.
A member of the college council is not eligible to be remunerated by the board for acting as a council member.
OFFICERS AND EMPLOYEES
The board must appoint and determine the terms and conditions of employment of a president who shall be the chief executive officer of Red River College.
Subject to the direction of the board, the president is responsible for the general management and direction of Red River College, including
(a) the policies, programs and services of the college;
(b) the business affairs of the college; and
(c) any other matters that 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 the board for the appointment, review and removal of a president is subject to the approval of the minister.
The board may appoint any officers and employees it considers necessary for the purposes of Red River College and may determine the salaries and remuneration of those officers and employees and the terms and conditions of their employment.
The 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.
Application of Civil Service Superannuation Act
The employees of Red River College are employees within the meaning of The Civil Service Superannuation Act.
Application of Labour Relations 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 the board or to Red River College or to the Crown in right of Manitoba.
The Red River College Students' Association is continued as the students' association of Red River College.
The students' association is to provide for the administration of the affairs of the students at Red River College.
The students' association may set student activity fees.
The board may collect student activity fees and where it does so, it must require the payment of the fees before registering a student.
Payment to students' association
Student activity fees collected under subsection (2) must be paid to the students' association.
The students' association must 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 fiscal year of Red River College ends on March 31 of each year.
The minister may approve the annual budget submitted under subsection 9.2(1) of The Advanced Education Administration Act or may, after consultation with the board, amend it, and the board must then adopt the annual budget as approved or amended by the minister.
Regard for multi-year operating and capital plans
In preparing its annual budget, the board must have regard for its multi-year operating plan and multi-year capital plan, as developed under clause 12(i).
Limit on financial commitments
Except with the written approval of the minister, the board must not make any expenditure commitments that are not within the financial limits set by the annual budget under subsection (1).
The board must appoint an independent auditor who must audit the records, accounts and financial transactions of Red River College annually.
The board may establish and maintain accounts in the name of Red River 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 Red River College designated by the board and, if so required by by-law of the board, by the chair of the board or a member designated by the board.
Red River College may not borrow money except in accordance with this Act or another Act.
With the approval of the Lieutenant Governor in Council, Red River College may engage in short-term borrowing by way of loan from the government or by way of overdraft, line of credit, loan or otherwise upon its credit from a bank or other financial institution.
The total amount of Red River College's short-term borrowing outstanding at any time must not exceed $20 million or any greater amount approved by the Lieutenant Governor in Council.
Definition of "short-term borrowing"
In this section, "short-term borrowing" means borrowing or raising money on terms that require it to be repaid within one year.
In addition to its short-term borrowing authority, Red River College may, with the approval of the Lieutenant Governor in Council,
(a) borrow money to the extent permitted by The Financial Administration Act or any other Act; and
(b) despite any other Act, borrow money to repay money previously borrowed under the authority of The Financial Administration Act or any other Act.
The terms and conditions of borrowing under this section are to be determined by the Minister of Finance in consultation with Red River College.
Advance out of Consolidated Fund
Money required for a loan from the government under section 33 or 34 may be paid out of the Consolidated Fund in accordance with The Financial Administration Act.
Red River College may issue securities, as defined in The Financial Administration Act, only if
(a) it is authorized to do so by the Lieutenant Governor in Council; and
(b) the amount of the security is within Red River College's borrowing authority under this Act, The Financial Administration Act or any other Act.
Terms and conditions to be agreed
The terms and conditions of securities are to be determined by the Minister of Finance in consultation with Red River College.
Seal and signature requirements
The securities must
(a) bear the seal of Red River College or a reproduction of the seal; and
(b) include the original or copy of the signature of
(i) the chair or the vice-chair, and
(ii) one officer of Red River College and one authorized countersigning officer, both designated by the board for that purpose.
Evidence of validity of security
A reproduction of Red River College's seal or a copy of the signature of the chair, vice-chair or an officer on a security is valid and binding on Red River College for all purposes without proof of the seal, or of the signature or appointment of the person signing the security.
A recital or declaration in a board resolution or in board minutes authorizing the issue or sale of a security is conclusive evidence of the authorization.
Red River College must deposit with the Minister of Finance, for investment on its behalf, money that is not immediately required for its purposes.
Red River College may deposit with the Minister of Finance, for investment on its behalf, money that is to be used for the sole purpose of repaying its debt. The Minister of Finance may apply that money to the repayment of Red River College's debt as it falls due.
Investments and interest paid to Red River College
At the request of Red River College, the Minister of Finance must pay to Red River College money invested under subsection (1) and interest earned on money invested under subsection (1) or (2).
Money and investments held by Red River College, or the Minister of Finance on behalf of Red River College, that were to be applied to the repayment of any of the securities issued by Red River College before the coming into force of this section are, on the coming into force of this section, deemed to be held by the Minister of Finance for debt repayment under subsection (2).
Agreement about terms and conditions
Red River College may enter into agreements with the Minister of Finance respecting the terms and conditions of borrowing by Red River College, government guarantees and the issuance of securities.
The Minister of Finance may act as agent for Red River College respecting any matter referred to in sections 32 to 37.
Authority to raise loans in other currencies: short-term borrowing
The maximum number of dollars authorized for Red River College's short-term borrowing may be borrowed in the same number of dollars in United States currency.
If Red River College is authorized under another Act to borrow money in a currency other than Canadian dollars, section 52 (raising money in foreign currency) of The Financial Administration Act applies, with necessary changes.
Ministerial guidelines re controls
The minister may issue guidelines respecting the following:
(a) after consulting with the board, Red River College's internal control policies and procedures;
(b) evaluations to be conducted by Red River College of its programs of study, including how frequently evaluations must be carried out;
(c) the annual academic report that Red River College must prepare and publish under clause 12(h);
(d) the special organizational and operational review that Red River College must carry out under clause 12(j);
(e) the establishment of the college council under section 21.
The purpose of the guidelines are to
(a) promote accountability in, and transparency with respect to, the expenditure of the funds of Red River College; and
(b) ensure that the programs and services of Red River College are of high quality and are sustainable.
Internal controls include expenses and reporting on expenses
Without limitation, the minister may issue guidelines under clause (1)(a) respecting
(a) rules regarding expenses incurred by members and the president that may be reimbursed by the board; and
(b) public reporting of expenses that are reimbursed by Red River College, including
(i) criteria for whose expenses are to be reported, and
(ii) the form, manner and timing of the reporting.
Red River College must comply with a guideline issued by the minister.
A guideline is not a regulation within the meaning of The Statutes and Regulations Act.
The Lieutenant Governor in Council may, on the recommendation of the minister, appoint a person as administrator of Red River College if
(a) the board takes up a practice or tolerates a situation incompatible with the mandate of Red River 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 subsection 29(3);
(c) in the opinion of the minister, financial or significant operational problems exist with respect to Red River 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.
Effect of appointment of administrator
On the appointment of an administrator, the appointments of the members 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.
President subject to administrator's direction
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.
No action or proceeding may be brought against the board, a member, the president, or an officer, employee or agent of Red River 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 personal liability for debts
No action or proceeding may be brought against the president, a member or an officer or employee of Red River College, or any person acting under the instructions of any of them, for a debt, liability or obligation of Red River College or the board.
Limitation of liability re students
No action, prosecution or other proceeding shall lie or be instituted against Red River College, the board, a member, an administrator, or an officer or employee of Red River College, in respect of an act or omission of a student or students, whether organized as the 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.
NOTE: These sections contained consequential amendments to other Acts which are now included in those Act.
C.C.S.M. REFERENCE AND COMING INTO FORCE
This Act may be referred to as chapter R31 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on the day it receives royal assent.