1998/99 Legislative Session: 3rd Session, 36th Parliament
FIRST READING


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


HONOURABLE PAUL RAMSEY
MINISTER OF EDUCATION

BILL 87 -- 1999

EDUCATION STATUTES AMENDMENT ACT (No. 2), 1999

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

 
College and Institute Act

1 Section 19 of the College and Institute Act, R.S.B.C. 1996, c. 52, is amended

(a) by repealing subsection (5) (d) and substituting the following:

(d) at the request of the minister, prepare and submit budgets, financial statements, reports and other information that the minister considers necessary to carry out the minister's responsibilities in relation to institutions; , and

(b) by adding the following subsections:

(5.1) Information requested under subsection (5) (d) may include personal information about a student.

(5.2) Personal information obtained under subsection (5) (d) or under section 170.2 of the School Act may not be used to make a decision respecting an individual student.

(5.3) For the purposes of subsections (5.1) and (5.2), "student" has the same meaning as in section 41.1.

2 Part 4 is amended by adding the following section:

Personal education numbers and information

41.1 (1) In this section:

"personal education number" means a unique identification number for a student obtained under section 170.2 of the School Act;

"student" includes a person applying to be enrolled in a course or program of studies at an institution.

(2) The board may require a student to provide the institution with

(a) the personal information that relates directly to and is necessary for an operating program or activity of the institution, and

(b) the personal information necessary to obtain a personal education number for the student.

(3) The board must submit the personal information collected under subsection (2) (b) to the minister responsible for the administration of the School Act to obtain a personal education number for the student.

(4) The board may use the personal education number obtained under subsection (3) for the following purposes:

(a) carrying out its responsibilities in respect of an operating program or activity of the institution;

(b) research and statistical analysis of personal information in the possession of the board;

(c) facilitating the provision of personal information under section 19 (5) (d).

(5) The minister must provide to the minister responsible for the administration of the School Act the personal information about a student that is in the possession of the minister if the minister responsible for the administration of the School Act requests that information and provides the minister with a valid personal education number for that student.

 
Institute of Technology Act

3 Section 1 of the Institute of Technology Act, R.S.B.C. 1996, c. 225, is amended by repealing the definition of "minister".

4 Section 14 is amended by adding the following subsections:

(6) At the request of the minister, the institute must provide the minister with reports and any other information that the minister considers necessary to carry out the minister's responsibilities in relation to the institute.

(7) Information requested under subsection (6) may include personal information about a student.

(8) Personal information obtained under subsection (6) or under section 170.2 of the School Act may not be used to make a decision respecting an individual student.

(9) For the purposes of subsections (7) and (8), "student" has the same meaning as in section 14.1.

5 The following section is added:

Personal education numbers and information

14.1 (1) In this section:

"personal education number" means a unique identification number for a student obtained under section 170.2 of the School Act;

"student" includes a person applying to be enrolled in a course or program of studies at the institute.

(2) The board may require a student to provide the institute with

(a) the personal information that relates directly to and is necessary for an operating program or activity of the institute, and

(b) the personal information necessary to obtain a personal education number for the student.

(3) The board must submit the personal information collected under subsection (2) (b) to the minister responsible for the administration of the School Act to obtain a personal education number for the student.

(4) The board may use the personal education number obtained under subsection (3) for the following purposes:

(a) carrying out its responsibilities in respect of an operating program or activity of the institute;

(b) research and statistical analysis of personal information in the possession of the board;

(c) facilitating the provision of personal information under section 14 (6).

(5) The minister must provide to the minister responsible for the administration of the School Act the personal information about a student that is in the possession of the minister if the minister responsible for the administration of the School Act requests that information and provides the minister with a valid personal education number for that student.

6 Section 18 (5) is repealed and the following substituted:

(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.

 
Open Learning Agency Act

7 Section 1 of the Open Learning Agency Act, R.S.B.C. 1996, c. 341, is amended by adding the following definitions:

"registrar" means the registrar of the agency;

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

8 The following section is added:

Personal education numbers and information

7.1 (1) In this section:

"personal education number" means a unique identification number for a student obtained under section 170.2 of the School Act;

"student" includes a person applying to be enrolled in a course or program of studies at the agency.

(2) The board may require a student to provide the agency with

(a) the personal information that relates directly to and is necessary for an operating program or activity of the agency, and

(b) the personal information necessary to obtain a personal education number for the student.

(3) The board must submit the personal information collected under subsection (2) (b) to the minister responsible for the administration of the School Act to obtain a personal education number for the student.

(4) The board may use the personal education number obtained under subsection (3) for the following purposes:

(a) carrying out its responsibilities in respect of an operating program or activity of the agency;

(b) research and statistical analysis of personal information in the possession of the board;

(c) facilitating the provision of personal information under section 14 (2).

(5) The minister must provide to the minister responsible for the administration of the School Act the personal information about a student that is in the possession of the minister if the minister responsible for the administration of the School Act requests that information and provides the minister with a valid personal education number for that student.

9 Section 14 (2) is repealed and the following substituted:

(2) At the request of the minister, the agency must provide the minister with reports and any other information that the minister considers necessary to carry out the minister's responsibilities in relation to the agency.

(3) Information requested under subsection (2) may include personal information about a student.

(4) Personal information obtained under subsection (2) or under section 170.2 of the School Act may not be used to make a decision respecting an individual student.

(5) For the purposes of subsections (3) and (4), "student" has the same meaning as in section 7.1.

 
Royal Roads University Act

10 Section 16 of the Royal Roads University Act, R.S.B.C. 1996, c. 409, is amended by striking out "and 70" and substituting ", 70 and 70.1".

 
School Act

11 Section 168 of the School Act, R.S.B.C. 1996, c. 412, is amended

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

(d.1) preparing a process for measuring individual student performance, and requiring a board or a francophone education authority to cause its schools to participate in the process for the purpose of assessing the effectiveness of educational programs; , and

(b) by adding the following subsection:

(2.1) An order made under subsection (2) (d.1) may provide for the reporting of student performance, on an individual or aggregate basis, to a board or francophone education authority so that it may assess the effectiveness of the educational programs it delivers.

12 Division 1 of Part 9 is amended by adding the following sections:

Personal education numbers

170.1 (1) In this section, "personal education number" means a unique identification number assigned to a person under subsection (2).

(2) The minister may assign a personal education number to the following persons:

(a) a student;

(b) a francophone student;

(c) a child registered under section 13;

(d) a student as defined in the Independent School Act.

(3) The personal education number of a person referred to in subsection (2) may only be used for the following purposes:

(a) determining the number of full time students or the equivalent of full time students for the purposes of establishing and allocating Provincial funding under sections 107 and 108;

(b) ensuring the efficient and effective use of grants paid under sections 114 and 115;

(c) determining enrollment in an independent school and ensuring the efficient and effective use of grants paid under the Independent School Act;

(d) researching and evaluating the effectiveness of boards, francophone education authorities and authorities governed by the Independent School Act and the programs, courses and curricula delivered by them;

(e) administering the processes referred to in section 168 (2) (d) and (d.1);

(f) administering Provincial examinations;

(g) issuing graduation credentials and transcripts;

(h) awarding Provincial scholarships and bursaries;

(i) any additional purposes prescribed under subsection (4).

(4) The Lieutenant Governor in Council may make regulations prescribing additional purposes for which the personal education number of a person may be used under this section.

Public post-secondary students

170.2 (1) In this section:

"personal education number" means a unique identification number for a student assigned or identified under subsection (2);

"public post-secondary institution" means an institution established or continued under one of the following Acts:

(a) the College and Institute Act;

(b) the Institute of Technology Act;

(c) the Open Learning Agency Act;

(d) the Royal Roads University Act;

(e) the Technical University of British Columbia Act;

(f) the University Act;

(g) the University of Northern British Columbia Act;

"student" means a person who is, or is applying to be, a student of a public post-secondary institution.

(2) If the minister receives from the board of a public post-secondary institution the personal information the minister considers necessary with respect to a student, the minister must

(a) assign a personal education number to the student or identify a personal education number previously assigned to the student under section 170.1, and

(b) provide the personal education number to the board of that public post-secondary institution.

(3) The minister must provide to the minister responsible for public post-secondary institutions the personal information about a student that is in the possession of the minister if the minister responsible for public post-secondary institutions requests that information and provides the minister with a valid personal education number for that student.

(4) The personal information of a student obtained under any of the following provisions is to be used only for the purposes referred to in section 170.1 (3) (d):

(a) section 41.1 (5) of the College and Institute Act;

(b) section 14.1 (5) of the Institute of Technology Act;

(c) section 7.1 (5) of the Open Learning Agency Act;

(d) section 70.1 (2) of the University Act, as it applies under section 16 of the Royal Roads University Act;

(e) section 70.1 (2) of the University Act, as it applies under section 16 of the Technical University of British Columbia Act;

(f) section 70.1 (2) of the University Act;

(g) section 70.1 (2) of the University Act as it applies under section 16 of the University of Northern British Columbia Act.

 
Technical University of British Columbia Act

13 Section 8 of the Technical University of British Columbia Act, S.B.C. 1997, c. 54, is amended by adding the following subsections:

(3) Information requested under subsection (2) (c) may include personal information about a student.

(4) Personal information obtained under this section or under section 170.2 of the School Act may not be used to make a decision respecting an individual student.

(5) For the purposes of subsections (3) and (4), "student" includes a person applying to enroll in a credit course at the university.

14 Section 16 is amended by striking out "and 70" and substituting ", 70 and 70.1".

 
University Act

15 Section 27 of the University Act, R.S.B.C. 1996, c. 468, is amended by adding the following subsections:

(4) The board may require a student to provide the university with

(a) the personal information that relates directly to and is necessary for an operating program or activity of the university, and

(b) the personal information necessary to obtain a personal education number for the student.

(5) The board must submit the personal information collected under subsection (4) (b) to the minister responsible for the administration of the School Act to obtain a personal education number for the student.

(6) The board may use the personal education number obtained under subsection (5) for the following purposes:

(a) carrying out its responsibilities in respect of an operating program or activity of the university;

(b) research and statistical analysis of personal information in the possession of the board;

(c) facilitating the provision of personal information under section 49.

(7) In subsections (4), (5) and (6):

"personal education number" means a unique identification number for a student obtained under section 170.2 of the School Act;

"student" includes a person applying to enroll in a credit course at a university.

16 Section 49 is amended by renumbering the section as section 49 (1) and by adding the following subsections:

(2) Information requested under subsection (1) may include personal information about a student.

(3) Personal information obtained under this section or under section 170.2 of the School Act may not be used to make a decision respecting an individual student.

(4) For the purposes of subsections (2) and (3), "student" has the same meaning as in section 27 (7).

17 Part 12 is amended by adding the following section:

Provision of personal information

70.1 (1) In this section, "personal education number" and "student" have the same meanings as in section 27 (7).

(2) The minister must provide to the minister responsible for the administration of the School Act the personal information about a student that is in the possession of the minister if the minister responsible for the administration of the School Act requests that information and provides the minister with a valid personal education number for that student.

Commencement

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

 
Explanatory Notes

College and Institute Act
(Ministry of Advanced Education, Training and Technology)

SECTION 1: [College and Institute Act, amends section 19] repeals and replaces paragraph (5) (d) to refer to information the minister considers necessary and restricts the use of that information.

SECTION 2: [College and Institute Act, enacts section 41.1] requires institutions to obtain a unique identification number for their students in order to facilitate the provision of information about those students to the Minister of Advanced Education, Training and Technology. The section also requires the disclosure of student information to the Minister of Education to be used for certain purposes under the School Act.


Institute of Technology Act
(Ministry of Advanced Education, Training and Technology)

SECTION 3: [Institute of Technology Act, amends section 1] repeals the definition of "minister".

SECTION 4: [Institute of Technology Act, adds section 14 (6) to (9)] allows the minister to require information the minister considers necessary and restricts the use of that information.

SECTION 5: [Institute of Technology Act, enacts section 14.1] requires the institute to obtain a unique identification number for its students in order to facilitate the provision of information about those students to the Minister of Advanced Education, Training and Technology. The section also requires the disclosure of student information to the Minister of Education to be used for certain purposes under the School Act.

SECTION 6: [Institute of Technology Act, repeals and replaces section 18 (5)] is consequential to the amendment to section 1 of the Act.


Open Learning Agency Act
(Ministry of Advanced Education, Training and Technology)

SECTION 7: [Open Learning Agency Act, amends section 1] adds new definitions for the purposes of section 7.1 of the Act.

SECTION 8: [Open Learning Agency Act, enacts section 7.1] requires the agency to obtain a unique identification number for its students in order to facilitate the provision of information about those students to the Minister of Advanced Education, Training and Technology. The section also requires the disclosure of student information to the Minister of Education to be used for certain purposes under the School Act.

SECTION 9: [Open Learning Agency Act, repeals and replaces section 14 (2) and adds subsections (3) to (5)] allows the minister to require information the minister considers necessary and places limitation on use of that information.


Royal Roads University Act
(Ministry of Advanced Education, Training and Technology)

SECTION 10: [Royal Roads University Act, amends section 16] ensures that section 70.1 of the University Act applies to the Royal Roads University.


School Act
(Ministry of Education)

SECTION 11: [School Act, adds section 168 (2) (d.1) and (2.1)] permits a process of individual student assessment and provides for the reporting of the results of that assessment.

SECTION 12: [School Act, enacts sections 170.1 and 170.2] permits the Minister of Education to assign, identify and disclose unique identification numbers for students of public post-secondary institutions. The section also requires the disclosure of student information to the Minister of Advanced Education, Training and Technology to be used for certain purposes under legislation pertaining to public post-secondary institutions.


Technical University of British Columbia Act
(Ministry of Advanced Education, Training and Technology)

SECTION 13: [Technical University of British Columbia Act, adds section 8 (3) to (5)] clarifies that personal information about students may be requested and restricts the use of that information.

SECTION 14: [Technical University of British Columbia Act, amends section 16] ensures that section 70.1 of the University Act applies to the Technical University of British Columbia.


University Act
(Ministry of Advanced Education, Training and Technology)

SECTION 15: [University Act, adds section 27 (4) to (7)] permits the university to obtain a personal education number for a student in order to facilitate the provision of information under section 49 of the Act.

SECTION 16: [University Act, amends section 49] clarifies that personal information about students may be requested and restricts the use of that information.

SECTION 17: [University Act, enacts section 70.1] requires the disclosure of student information to the Minister of Education to be used for certain purposes under the School Act.


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