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The Universities Grants Commission Act
This is an unofficial archived version of The Universities Grants Commission Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. U50

The Universities Grants Commission Act

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

Definitions.

1

In this Act,

"college" means a college declared by The University of Manitoba Act to be affiliated with The University of Manitoba; ("collège")

"collegiate course" means a course which is offered by a university or college and

(a) which is in accordance with a program prescribed by the minister under The Education Administration Act, or

(b) which is taken by students for the purpose of attaining secondary school standing; ("cours collégial")

"commission" means The Universities Grants Commission; ("Commission")

"denominational theological course" means any course or subject offered by a university or college, for which credits are given only for a degree or diploma in theology, and for which credits are not given by all other universities or colleges granting degrees or diplomas in theology; ("cours de théologie confessionnelle")

"fund" means The Universities Grants Fund; ("fonds")

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")

"post-secondary education" means education in courses and subjects normally offered by universities and colleges but does not include any collegiate course or any denominational theological course; ("enseignement postsecondaire")

"university" means The University of Manitoba and any university established under The Universities Establishment Act. ("université")

Commission continued.

2(1)

The Universities Grants Commission consisting of nine persons appointed by the Lieutenant Governor in Council is continued.

Incorporation.

2(2)

The members of the commission are a body corporate.

Chairman.

2(3)

The Lieutenant Governor in Council shall appoint one of the members of the commission as chairman of the commission, and one of the members as vice-chairman of the commission.

Duties of chairman.

2(4)

The chairman is the presiding officer at meetings of the commission.

Duties of vice-chairman.

2(5)

The vice-chairman shall act as chairman on the request of the chairman or of the minister, or during any illness or absence of the chairman, or during any period when the chairman is unable for any reason to discharge his duties.

Term of office.

2(6)

Subject to subsection (7), each member of the commission shall be appointed for a term not exceeding three years, and a person who has been a member of the commission may be re-appointed for a further term.

Continuation of term.

2(7)

Unless his appointment is sooner revoked, or he sooner resigns or dies, a member of the commission shall hold office during the term for which he is appointed and thereafter until his successor is appointed.

Filling of vacancies.

2(8)

Where a person who is appointed as a member to the commission dies, resigns or for any reason is unable to act as a member of the commission, the Lieutenant Governor in Council may appoint another person in his stead as a member of the commission to serve for the unexpired portion of the term of the member in whose stead he is appointed.

Remuneration of members.

2(9)

The members shall be paid from the fund such remuneration as may be fixed by the Lieutenant Governor in Council, and any reasonable out-of-pocket expenses that are necessarily incurred by them in discharging their duties and are approved by the Provincial Auditor.

Intent of Act.

3

It is the intention of this Act that the commission should restrict its activities to the fiscal arrangements of universities and should not interfere

(a) with the basic right of a university to formulate academic policies and standards;

(b) with the independence of a university in fixing standards of admission or of graduation;

or

(c) with the independence of a university in the appointment of staff.

Commission agent of Crown.

4

The commission is an agent of Her Majesty in right of Manitoba.

Fiscal year.

5(1)

The fiscal year of the commission is the period commencing April 1 and ending March 31.

Meetings.

5(2)

The commission shall meet at such times and at such place as may be determined by the chairman.

Quorum.

5(3)

Five members of. the commission constitute a quorum at meetings of the commission.

Rules of procedure.

5(4)

The commission may make rules governing its own procedure.

Employees.

6(1)

There may be appointed as provided in The Civil Service Act such officers and employees as are necessary to carry out the business of the commission and the administration of this Act.

Professional and expert assistants.

6(2)

The commission may obtain the advice and services of such professional, technical and expert persons as it deems necessary to carry out the business of the commission, and it may, with the approval of the Lieutenant Governor in Council, fix the remuneration for such advice and services.

Powers of commissioners under Part V of Evidence Act.

7

The commission has the protection, privileges and powers of commissioners appointed under Part V of The Manitoba Evidence Act; but sections 85, 86, 95, and 96 of The Manitoba Evidence Act do not apply to the commission or to the meetings thereof or to the appointment of members thereof.

Continuation of fund.

8(1)

"The Universities Grants Fund" is continued under the control and supervision of the commission; and, subject to subsections (4) and (5), the moneys in the fund shall be deposited in a bank.

Payments to and from fund.

8(2)

All moneys received by the commission, other than moneys received under specific trusts otherwise than from the government, shall be credited to the fund, and all payments, other than payments made in accordance with the terms of a specific trust from moneys not credited to the fund, made by the commission under this Act, including the costs of administering the commission and the remuneration of the members, officers, and employees of the commission, shall be from the fund.

Fund not part of Consolidated Fund.

8(3)

Notwithstanding The Financial Administration Act, or any other Act of the Legislature, but subject to subsections (4), (5) and (6), the moneys in the fund do not form part of the Consolidated Fund, and the fund is not a division or part of the Consolidated Fund; but the moneys therein are the property of Her Majesty in right of the province.

Investment.

8(4)

If at any time the balance at the credit of the fund is in excess of the amount that is required for immediate purposes of the commission, the commission shall pay over the excess to the Minister of Finance for investment for and on behalf of the commission.

Reserves.

8(5)

With the approval of the Lieutenant Governor in Council, and subject to any order of the Lieutenant Governor in Council in respect thereof, the commission may establish and maintain reserves deemed necessary or advisable for its purposes; and any moneys set aside for the purposes of any such reserves shall be paid to the Minister of Finance for investment for and on behalf of the commission.

Disposal of moneys held by Minister of Finance.

8(6)

Moneys paid to the Minister of Finance for investment under subsection (4) or (5) form part of the Consolidated Fund, and the Minister of Finance shall invest the moneys in investments so held by him in securities and investments in which he is authorized by law to invest such moneys and the interest thereon, and the income therefrom, shall be credited to the account of the commission in the Consolidated Fund; and such earnings, either alone or with all or part of the principal sums invested for the commission by the Minister of Finance hereunder, shall be paid over to the commission by the Minister of Finance on the request of the commission.

Advances by province.

9(1)

For the purposes of providing the commission with working capital, the Minister of Finance, with the approval of the Lieutenant Governor in Council, may make grants or advances to the commission in such amounts, at such times, and on such terms and conditions, including the payment of interest, as the Lieutenant Governor in Council may deem expedient.

Payments from Consolidated Fund.

9(2)

Notwithstanding any other Act of the Legislature, moneys advanced under subsection (1) shall be paid from the Consolidated Fund from such account authorized by an Act of the Legislature for expenditure under The Department of Education as the Lieutenant Governor in Council may designate.

Grants by the province.

10

From the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied, the Minister of Finance, on the requisition of the minister, may pay grants to the commission.

Receiving moneys in trust.

11

The commission may receive moneys in trust for the purposes of a university or college, or to provide for a program or course to be undertaken or offered by a university or college; and the commission may, subject to the terms of any such trust, and with the approval of the Minister of Finance, invest and administer any moneys received by it in trust, and for that purpose may solicit advice from the Minister of Finance and use the facilities of The Department of Finance.

Dispersal of money and property to universities.

12

Subject to the provisions of any trust under which it receives moneys to be so disbursed, but otherwise at its sole discretion, the commission shall disburse from and out of the fund and from moneys held by it in trust, moneys to the universities and colleges, and shall transfer to a university or college property, real or personal, which it acquires or receives for the purposes of the university or college.

Inquiry into financial needs of universities.

13(1)

The commission shall inquire into the financial arrangements and requirements of the universities and colleges, and shall advise the minister as to the amount of financial or other assistance that the government should provide to the universities and colleges from time to time.

Annual program.

13(2)

The commission shall, before the beginning of each fiscal year, prepare and submit to the minister a proposed program for that fiscal year, including a budget for that fiscal year indicating the grants proposed to be made to universities and colleges for capital purposes and for operating purposes and the moneys required for the administration of the commission.

Budgets of universities and colleges.

14(1)

Each university and college shall submit to the commission, at such time and in such form as the commission may specify, all budgets, estimates, financial statements, balance sheets, reports, and other information requested by the commission.

Division of budgets.

14(2)

In any budget, estimates, financial statement, balance sheet or report prepared by a university or college and submitted to the commission, the assets, facilities, expenses, and revenues, relating to collegiate courses and denominational theological courses shall be divided from the assets, facilities, expenses, and revenues, relating to that part of the operation of the university or college not relating to collegiate courses or denominational theological courses; and where any of the assets, facilities, expenses and revenues are used partly for or relate partly to collegiate courses or denominational theological courses and used partly for or relate partly to other purposes, the division or an estimate of the division shall be shown.

Study of needs of higher education.

15

The commission shall study

(a) the requirements of the province for postsecondary education at the universities and colleges in terms of the kind, quality and quantity of such post-secondary education required;

(b) the capacity of the universities and colleges to provide the post-secondary education required for the province; and

(c) such other related matters as may be referred to it by the minister;

and shall give advice and assistance to the universities and colleges in the preparation and implementation of plans for the provision and development of physical and academic facilities in the universities and colleges to assure that adequate post-secondary educational resources of the type normally provided by universities and colleges are available to the citizens of the province without waste or unnecessary duplication.

Variation of services of university.

16(1)

Before a university or college

(a) establishes, offers, provides, or creates, any new service, facility or program of studies; or

(b) extends or expands any service, facility or program of studies;

involving moneys at the disposal of the commission, it shall obtain the approval of the commission in writing to do so.

Terms and conditions of approval.

16(2)

An approval granted by the commission under this section may be granted on terms and conditions prescribed by the commission, and may be granted for a limited period; and the university or college to which the approval is given shall comply with any such terms or conditions.

Order of commission respecting facilities, etc.

16(3)

The commission may require, by written order, a university or college to cease to provide or offer, or to withdraw, any service, facility or program of studies involving moneys at the disposal of the commission which, in the opinion of the commission, is adequately offered or provided by another university or college or for which, in the opinion of the commission, there is no substantial justification; and the university or college, as the case may be, shall comply with the requirement.

Application of section.

16(4)

This section does not apply to collegiate courses or denominational theological courses except to the extent that the facilities and personnel of the university or college, which are provided for or paid from the revenues of the university or college other than revenues received specifically for collegiate courses or denominational theological courses, are used in respect of those courses; and to that extent the commission may regulate and control the use of the facilities and personnel which are provided for or paid from the revenues of the university or college other than the revenues received specifically for collegiate courses and denominational theological courses.

Requirements re accounting systems, etc.

17

The commission may require a university or college to establish accounting and information systems as to the commission seem necessary or advisable for the proper conduct of the affairs of the university or college; and the university or college, as the case may be, shall comply with any such requirement.

Agreements re special programs, etc.

18

The commission and universities or colleges or both may enter into agreements respecting the provision by the universities or colleges, or both, of programs, courses, services and facilities in any area or region of the province.

Authorization for commission to operate programs.

19

The commission, either solely, or jointly or in co-operation with a university or college or other educational organization or institution, or any or all of them, may establish, maintain and operate services, facilities and programs relating to educational functions or the administration or maintenance of universities and colleges; and for that purpose the commission may

(a) make grants or payments for or towards the establishment, maintenance and operation of the services, facilities and programs; and

(b) acquire personal property or, with the approval of the Lieutenant Governor in Council, real property required for those services, facilities and programs.

Annual report.

20(1)

The commission shall annually, within four months after the end of its fiscal year, make a report to the minister of the operations of the commission during that fiscal year; and the report shall include an audited balance sheet of the commission and an audited statement of its operating revenues and expenditures together with such other information as the Lieutenant Governor in Council may require.

Tabling report.

20(2)

The minister shall lay a copy of the report of the commission before the Legislative Assembly forthwith, if it is then in session, and if not, then within 15 days of the commencement of the next ensuing session of the assembly.

Special reports.

20(3)

Notwithstanding subsections (1) and (2), the minister may, at such times and as often as he deems necessary, require the commission to furnish him, in addition to the reports made under subsection (1), reports or information respecting all or any part of the business and operations of the commission, and the commission shall comply with any such requirement.

Accounting.

21(1)

The commission shall establish and maintain adequate accounting records.

Audit by Provincial Auditor.

21(2)

The accounts of the commission shall be audited and reported on by the Provincial Auditor, and the costs thereof shall be paid by the commission from the fund.

Special audits.

21(3)

Notwithstanding subsection (2), the Lieutenant Governor in Council may at any time order, in addition to the audits made under subsection (2), an audit or investigation into the affairs of the commission and require a report thereon.

Grants deemed to be paid by government.

22

Any moneys paid by the commission to a university or college, other than moneys paid pursuant to the provisions of a trust relating to moneys received by the commission otherwise than from the government, shall for all purposes be conclusively deemed to be moneys paid by the government to the university or college.

Restrictions on incurring liability.

23

Notwithstanding the provisions of any other Act of the Legislature, a university or college shall not incur any liability or make any expenditure in a fiscal year beyond the amount unexpended of the grants made to the university or college by the Universities Grants Commission and the estimated revenue of the university or college from other sources up to the end of and including that fiscal year unless an estimate thereof has been first submitted to and approved by the Universities Grants Commission.