1994 Legislative Session: 3rd Session, 35th Parliament
THIRD READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


Certified correct as passed Third Reading on the 8th day of June, 1994
Ian D. Izard, Law Clerk.


HONOURABLE DAN MILLER
MINISTER OF SKILLS,
TRAINING AND LABOUR

BILL 22 -- 1994

COLLEGE AND INSTITUTE AMENDMENT ACT, 1994

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

1 Section 1 of the College and Institute Act, R.S.B.C. 1979, c. 53, is amended

(a) in subsection (1) by repealing the definitions of "institution", "professional employee" and "student" and substituting the following:

"institution" means a college, university college or Provincial institute;

"student" means a person the registrar recognizes to be enrolled and in good standing in a course or program of studies at the institution; ,

(b) in subsection (1) by adding the following definitions:

"education council" means the education council of the institution;

"educational administrator" means a dean, vice president or similar employee of the institution whose primary responsibility is to provide administrative services in support of education or training offered by the institution, and does not include the president;

"faculty member" includes an instructor, librarian, tutor, counsellor, research associate, program co- ordinator or other employee of the institution that a collective agreement between the bargaining agents, as defined in section 1 of the Labour Relations Code, for the institution and faculty members specifies to be a faculty member;

"joint approval" means approval by the board and by the education council of an institution, each by passing a resolution of approval by majority vote of its voting members;

"president" means the chief executive officer of the institution;

"registrar" means the registrar of the institution;

"representative group" means

(a) a bargaining agent as defined in section 1 of the Labour Relations Code for faculty members or for support staff, or

(b) the student association for which student association fees are collected under section 13.1;

"student association" means a society incorporated under the Society Act to represent students;

"support staff" means the employees of the institution who are not the president, educational administrators or faculty members;

"university college" means a university college designated under section 5 (1);

"university college region" means a university college region designated under section 5 (1) for a university college. , and

(c) in subsection (2) by adding the following definition:

"professional employee" means an employee of an institution who provides educational services to students and includes an employee who is a librarian or an administrator; .

2 Section 3 (d) (ii) is repealed and the following substituted:

(ii) grant an associate or baccalaureate degree to a student who meets the applicable standards for the degree established by policy or directives under section 2 (1) (a); .

3 Section 3 (o) is amended by striking out "principals" and substituting "presidents".

4 Part 3 is repealed and the following substituted:

 
Part 3 -- Colleges, University Colleges and Provincial institutes

Designation of colleges, university colleges and Provincial institutes

5 (1) The Lieutenant Governor in Council may designate

(a) a college,

(b) the area of the Province that is the college region of a college designated under this section,

(c) a university college,

(d) the area of the Province that is the university college region of a university college designated under this section,

(e) a baccalaureate degree that a university college may grant and the name for the baccalaureate degree,

(f) a Provincial institute,

(g) a baccalaureate degree that a Provincial institute may grant and the name for the baccalaureate degree, and

(h) an honorary degree that a university college or Provincial institute may grant and the name for the honorary degree.

(2) On designation under this section, an institution is a corporation consisting of the members appointed to its board under section 9.

Objects of a college

6 The objects of a college are to provide comprehensive

(a) courses of study at the first and second year levels of a baccalaureate degree program,

(b) post secondary education or training, and

(c) continuing education.

Objects of a university college

7 The objects of a university college are to provide comprehensive

(a) courses of study for a baccalaureate degree program,

(b) post secondary education or training, and

(c) continuing education.

Objects of a Provincial institute

8 The objects of a Provincial institute are to provide instruction and perform other functions designated by the minister under section 2 (2).

Board composition

9 (1) A board is composed of

(a) 8 or more persons appointed by the Lieutenant Governor in Council,

(b) one person on the faculty of the institution and elected by the faculty members,

(c) 2 students elected by the students,

(d) one person who is part of the support staff and elected by the support staff,

(e) the president, and

(f) the chair of the education council.

(2) Despite subsection (1), the board of the Justice Institute of British Columbia is composed of

(a) 8 or more persons appointed by the Lieutenant Governor in Council, and

(b) the president.

Remuneration of board members

10 (1) The Lieutenant Governor in Council may set the remuneration that an institution pays to members of its board.

(2) The Lieutenant Governor in Council may set different remuneration for members of different boards.

Term of office

11 (1) A person elected under section 9 (1) (b) or (d) serves a 3 year term and may be elected to further terms.

(2) A person elected under section 9 (1) (c) serves a one year term and may be elected to further terms.

Elections

11.1 (1) The registrar must conduct the elections described in section 9.

(2) The registrar must establish, after consultation with the chair of the board and the chief officers of the representative groups, rules that are necessary and consistent with this Act for the conduct of the elections described in section 9 (1), including an appeal process for the conduct of elections.

(3) Rules under this section for an election under section 9 (1) (c) must provide for representation of program areas at the institution as determined by the registrar.

Voting at board meetings

11.2 Each member of a board, except the president and chair of the education council, has one vote on the board.

Education council

11.3 (1) Each institution, other than the Justice Institute of British Columbia, must have an education council.

(2) The board of the Justice Institute of British Columbia has the powers and duties of an education council under this Part to discharge under its own bylaws.

Composition of an education council

11.4 (1) On first being established, an education council must have 20 voting members as follows:

(a) 10 must be faculty members elected by the faculty members;

(b) 4 must be students elected by the students;

(c) 4 must be educational administrators appointed by the president;

(d) 2 must be support staff elected by the support staff.

(2) After an education council is established, the number of its faculty member, educational administrator and support staff voting members having terms of more than one year, and of its student voting members, may be increased or decreased provided

(a) the increase or decrease is agreed to by the president and a majority vote of the voting members of the education council,

(b) the number of voting members after the increase or decrease is apportioned to represent faculty members, students, educational administrators and support staff respectively in the same ratios as under subsection (1),

(c) the new faculty member, student and support staff voting members, if any, are elected by the faculty members, students and support staff respectively, and the new educational administrator voting members, if any, are appointed by the president, and

(d) the total of voting members exclusive of those elected or appointed under subsection (3) is 20 or more.

(3) After an education council is established, the number of its voting members may be increased for one year provided

(a) the increase is agreed to by the president and a majority vote of the voting members of the education council,

(b) these new faculty member, student or support staff voting members are elected by the faculty members, students and support staff respectively, and these new educational administrator voting members, if any, are appointed by the president, and

(c) these new voting members are deemed not to be voting members for the purposes of a vote under subsection (2) (a) or this subsection.

(4) The president is a non-voting member of the education council.

(5) The board may appoint one person to be a non-voting member of the education council to serve for one year.

Term of office

11.5 (1) Faculty members or support staff elected under section 11.4, other than those elected under section 11.4 (3), serve a 2 year term and may be elected to further terms under that section.

(2) Students elected under section 11.4 serve a one year term and may be elected to further terms under that section.

(3) Educational administrators appointed under section 11.4, other than those appointed under section 11.4

(3), serve a 2 year term and may be appointed to further terms under that section.

(4) Those elected or appointed under section 11.4 (3) serve for one year and may be appointed to further terms under section 11.4.

Elections

11.6 (1) The registrar must conduct the elections described in section 11.4.

(2) The registrar after consulting with the chief officers of the representative groups and the president must establish the rules necessary and consistent with this Act for the conduct of the elections described in section 11.4, including an appeal process for the conduct of elections.

(3) Rules for elections described in section 11.4 must reflect the geographic distribution of programs of the institution and provide for representation of program and education support areas at the institution as determined by the registrar after consulting with the chief officers of the representative groups and the president.

Chair of the education council

11.7 The chair of the education council must be elected each year by and from the voting members of the education council.

5 The heading of Part 4 is repealed and the following substituted:

The Powers and Duties of Boards and Education Councils .

6 Section 12 is amended

(a) in subsection (1) (a) by striking out "and establish committees it considers necessary and advisable;" and substituting ", subject to Part 2 and this Part;",

(b) in subsection (1) by adding the following paragraph:

(a.1) establish committees it considers necessary and advisable; ,

(c) in subsection (1) (b) by striking out "professional employee" and substituting "faculty member, educational administrator",

(d) in subsection (2) by adding the following paragraph:

(f.1) approve honorary degrees to be awarded by the institution; ,

(e) in subsection (2) (b) by striking out "institution;" and substituting "institution, subject to sections 14.2 and 14.3;",

(f) in subsection (2) (c) by striking out "or continuation of instruction of a student at the institution;" and substituting ", subject to section 14.2;",

(g) in subsection (2) (e) (ii) by striking out "principal" and substituting "president",

(h) in subsection (2) (e) (iii) by striking out "students;" and substituting "students; and",

(i) in subsection (2) (e) (iv) by striking out "duties; and" and substituting "duties;",

(j) by repealing subsection (2) (e) (v), and

(k) in subsection (2) (f) by striking out "and associate degrees" and substituting ", associate degrees and baccalaureate degrees".

7 Section 13 is amended by striking out "and professional employees" and substituting ", faculty members and educational administrators".

8 The following sections are added:

Student association fees

13.1 (1) On request from a student association, the board may direct the institution to collect from the students and remit to the student association the student association fees duly established under the bylaws of the student association provided that

(a) the institution collected student association fees on behalf of the student association on or before June 1, 1994, or

(b) the student association is designated by order of the minister.

(2) The board may direct that the institution ceases to collect or remit the student association fees if the student association

(a) does not comply with the Society Act,

(b) does not prepare and submit annual audited financial statements to the board, or

(c) does not maintain sound fiscal management in the opinion of the board.

(3) The board may direct that the institution cease to collect or remit the student association fees if circumstances for the cessation of collection and remission specified in an order of the minister apply.

Advisory role of the education council

14.1 (1) An education council must advise the board, and the board must seek advice from the education council, on the development of educational policy for the following matters:

(a) the mission statement and the educational goals, objectives, strategies and priorities of the institution;

(b) proposals about implementation of courses or programs leading to certificates, diplomas or degrees, including the length of or hours for courses or programs;

(c) reports after implementation by the institution without prior review by the education council of

(i) new non-credit programs, or

(ii) programs offered under service contract;

(d) priorities for implementation of new programs and courses leading to certificates, diplomas or degrees;

(e) cancellation of programs or courses offered by the institution or changes in the length of or hours for courses or programs offered by the institution;

(f) evaluation of programs and educational services;

(g) policies concerning library and resource centres;

(h) setting of the academic schedule;

(i) policies on faculty member qualifications;

(j) adjudication procedure for appealable matters of student discipline;

(k) terms for affiliation with other post-secondary bodies;

(l) consultation with community and program advisory groups concerning the institution's educational programs;

(m) qualifications for admission policies;

(n) criteria for awarding certificates, diplomas and degrees;

(o) other matters specified by the board.

(2) Advice given under subsection (1) must not conflict with policy or directives established under section 2 (1) (a).

(3) The board must request advice on a matter under subsection (1) by giving the education council, at least 10 working days before the board will deal with the matter, the following:

(a) the agenda items concerning the matter for the meeting of the board at which the matter will be discussed;

(b) the date by which a statement setting out the advice of the education council must be given to the chair of the board.

(4) Despite subsection (3), if the board must deal with a matter under subsection (1) and there are substantial reasons why 10 working days' notice under subsection (3) cannot be given, the board must advise the education council, as soon as practicable, concerning

(a) the matter,

(b) the reason why notice could not be given under subsection (3), and

(c) the decision taken on the matter.

Powers of the education council

14.2 (1) An education council must make bylaws, with the prior approval of the minister, for the conduct of the business of the education council including bylaws specifying the duties of members of the education council in conflict of interest situations.

(2) Subject to the policy and directives established under section 2 (1) (a), the education council has the power and duty to

(a) set policies concerning examinations and evaluation of student performance,

(b) set policies concerning student withdrawal from courses, programs and the institution,

(c) set criteria for academic standing, academic standards and the grading system,

(d) set criteria for awards recognizing academic excellence,

(e) set policies and procedures for appeals by students on academic matters and establish a final appeal tribunal for these appeals, and

(f) set curriculum content for courses leading to certificates, diplomas or degrees.

Joint approval

14.3 (1) To be implemented, decisions concerning the following matters must have joint approval:

(a) curriculum evaluation for determining whether

(i) courses or programs, or course credit, from another institution, university or other body are equivalent to courses or programs, or course credit, at the institution, or

(ii) courses or programs, or course credit, from one part of the institution are equivalent to courses or programs, or course credit, in another part of the institution;

(b) other responsibilities of the board that, on the initiative of the board, the board and the education council agree are subject to joint approval.

(2) Subsection (1) (a) does not include curriculum evaluation based on instructional methods.

(3) An agreement under subsection (1) (b) may be terminated by

(a) the board giving written notice of termination to the chair of the education council, or

(b) by the education council giving written notice of termination to the chair of the board.

(4) Joint approval given under subsection (1) must not conflict with policy or directives established under section 2 (1) (a).

(5) If joint approval on a matter described in subsection (1) is not attained within 60 days of the board or education council requesting the other to consider its proposal, the board or education council may refer the matter to the minister and the minister, or the person the minister designates for the purposes of this subsection, may make the decision the minister or person designated considers most appropriate.

9 Section 15 is amended by striking out "a board" and substituting "an institution".

10 Sections 25 and 26 are amended by striking out "principal" wherever it appears and substituting "president".

11 Section 27 is repealed and the following substituted:

Duties of the president

27 (1) The president must advise the board on all matters concerning the operation of the institution.

(2) Each year and at other times on the request of the board, the president must report to the board on the progress of the institution and make recommendations for the benefit and advancement of the institution.

12 Section 29 (1) is amended by striking out "principal" and substituting "president".

13 The following section is added:

Appointment of a public administrator

29.1 (1) The Lieutenant Governor in Council may appoint a public administrator to discharge the powers, duties and functions of a board and education council under this Act if the Lieutenant Governor in Council considers this necessary in the public interest and, on the appointment of a public administrator, the members of the board and education council cease to hold office unless otherwise ordered by the Lieutenant Governor in Council.

(2) The Lieutenant Governor in Council may specify

(a) the powers, duties and responsibilities of a public administrator appointed under this section,

(b) the terms and conditions for management of the property and affairs of the institution during the transition period preceding the ending of the appointment of a public administrator, or

(c) how the institution will operate after the ending of the appointment of a public administrator.

 
Consequential Amendment

 
University Act

14 Section 82 (2.1) of the University Act, R.S.B.C. 1979, c. 419, is repealed and the following substituted:

(2.1) An institution under the College and Institute Act may grant the degrees it is entitled to grant under that Act.

Commencement

15 This Act comes into force by regulation of the Lieutenant Governor in Council.


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