2003 Legislative Session: 4th Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE SHIRLEY BOND
MINISTER OF ADVANCED EDUCATION
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 1 of the College and Institute Act, R.S.B.C. 1996, c. 52, is amended in the definition of "university" by repealing paragraph (d).
2 Section 2 (1) (a), (d) and (e) is repealed and the following substituted:
(a) establish, in consultation with institutions, policy or directives for post secondary education and training in British Columbia; .
3 Section 3 (d) (ii) is amended by striking out "associate or baccalaureate degree" and substituting "associate degree, baccalaureate degree or applied masters degree".
4 Section 5 (1) is repealed and the following substituted:
(1) The Lieutenant Governor in Council may designate any of the following:
(a) a college;
(b) the area of British Columbia that is the college region of a college designated under this section;
(c) a university college;
(d) the area of British Columbia that is the university college region of a university college designated under this section;
(e) a Provincial institute.
5 The following section is added:
5.1 The minister may, by order, designate any of the following:
(a) an applied baccalaureate degree that a college may grant and the name for the applied baccalaureate degree;
(b) a baccalaureate degree that a university college may grant and the name for the baccalaureate degree;
(c) a baccalaureate degree that a Provincial institute may grant and the name for the baccalaureate degree;
(d) an applied masters degree that a university college or Provincial institute may grant and the name for the applied masters degree;
(e) an honorary degree that a university college or Provincial institute may grant and the name for the honorary degree.
6 Section 31 (1) is repealed and the following substituted:
(1) An institution must not plan for or incur a deficit.
(1.1) If a deficit occurs, or if at any time during the fiscal year a deficit is forecast, the board must
(a) report it to the minister immediately, and
(b) within 30 days of the report under paragraph (a), submit to the minister a deficit management plan acceptable to the minister.
7 Sections 32 and 39 are repealed.
8 Section 44 is amended
(a) by repealing subsections (1) and (3), and
(b) in subsection (2) by repealing paragraphs (a) and (b) and substituting the following:
(a) the total of unexpended amount of the grant made to the institution in the fiscal year is reduced by the value of the benefits that the employee would have received for the period of the withdrawal of services or the lockout if the employee had worked, and
(b) the amount of the reduction calculated under paragraph (a) is a debt to the government and
(i) must be paid by the institution to the government, or
(ii) must be withheld by the minister from future grants to the institution in that fiscal year or a future fiscal year.
9 Section 51 is repealed and the following substituted:
51 The Company Act does not apply to an institution, but on the recommendation of the minister, the Minister of Finance, by regulation, may declare that all or part of that Act applies to the institution.
Degree Authorization Act
10 Section 2 (1) (c) of the Degree Authorization Act, S.B.C. 2002, c. 24, is repealed.
Financial Administration Act
11 Section 1 of the Financial Administration Act, R.S.B.C. 1996, c. 138, is amended in the definition of "government body" by adding "and" at the end of paragraph (c.1) and by repealing paragraph (c.2).
12 Section 56.1 (1) is amended in the definition of "institution" by repealing paragraph (d).
Financial Information Act
13 Schedule 2 of the Financial Information Act, R.S.B.C. 1996, c. 140, is amended by striking out "Open Learning Agency".
Freedom of Information and Protection of Privacy Act
14 Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended in the definition of "educational body" by repealing paragraph (f).
Institute of Technology Act
15 Section 13 is amended by striking out "Lieutenant Governor in Council designates." and substituting "minister, by order, designates."
16 Section 14 (2) (g) is amended by striking out ", other than money granted under section 24,".
17 Section 22 is repealed and the following substituted:
22 (1) The fiscal year of the institute ends on March 31 in each year.
(2) The board must not plan for or incur a deficit.
(3) If a deficit occurs, or if at any time during the fiscal year a deficit is forecast, the board must
(a) report it to the minister immediately, and
(b) within 30 days of the report under paragraph (a), submit to the minister a deficit management plan acceptable to the minister.
18 Section 23 (3) is amended by striking out "Section 22 (6)" and substituting "Section 22 (2) and (3)".
19 Sections 24, 27 and 29 (2) are repealed.
Motor Vehicle Act
20 Section 21 (2) (b) (vii) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed.
Municipal Finance Authority Act
21 Section 1 of the Municipal Finance Authority Act, R.S.B.C. 1996, c. 325, is amended in the definition of "public institution" by adding "and" at the end of paragraph (f), by striking out "and" at the end of paragraph (g) and by repealing paragraph (h).
22 Section 11 (1) (j) is repealed.
Private Post-Secondary Education Act
23 Section 1 (1) of the Private Post-Secondary Education Act, R.S.B.C. 1996, c. 375, as amended by section 15 (b) of the Degree Authorization Act, S.B.C. 2002, c. 24, is amended in paragraph (c) (iii) of the definition of "post-secondary education" by striking out "the open university established under the Open Learning Agency Act,".
Public Education Flexibility and Choice Act
24 Section 1 of the Public Education Flexibility and Choice Act, S.B.C. 2002, c. 3, is amended by repealing the definition of "institution" and substituting the following:
"institution" means a college, a university college or a Provincial institute or other institute established under the College and Institute Act or the Institute of Technology Act; .
Public Sector Employers Act
25 Section 1 of the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is amended in paragraph (e) of the definition of "public sector employer" by striking out "or the Open Learning Agency".
Royal Roads University Act
26 Section 3 (5) of the Royal Roads University Act, R.S.B.C. 1996, c. 409, is repealed and the following substituted:
(5) The Company Act does not apply to the university, but on the recommendation of the minister, the Minister of Finance, by regulation, may declare that all or part of that Act applies to the university.
School Act
27 Section 170.2 of the School Act, R.S.B.C. 1996, c. 412, is amended
(a) in subsection (1) in the definition of "public post-secondary institution" by repealing paragraph (c), and
(b) in subsection (4) (c) by striking out "Act;" and substituting "Act, R.S.B.C. 1996, c. 341;".
Trinity Western University Foundation Act
28 Section 2 of the Trinity Western University Foundation Act, S.B.C. 1989, c. 82, is amended
(a) by repealing subsections (2) and (7) and substituting the following:
(2) The corporation consists of 5 members appointed by the board of governors of the university.
(7) The board of governors may designate one of the members of the corporation as the chair of the board. , and
(b) in subsection (9) (c) by striking out "chairperson" and substituting "chair" in both places.
University Act
29 Section 1 of the University Act, R.S.B.C. 1996, c. 468, is amended in the definition of "faculty member" by striking out "on a full time basis" and by striking out "who has served for 4 months or longer".
30 Section 3 (4) and (5) is repealed and the following substituted:
(4) The Company Act does not apply to a university, but on the recommendation of the minister, the Minister of Finance, by regulation, may declare that all or part of that Act applies to a university.
31 Section 19 (e) and (f) is amended by striking out "full time".
32 Section 23 (1) (f) is repealed.
33 Section 29 (1) is repealed and the following substituted:
(1) If a deficit occurs, or if at any time during the fiscal year a deficit is forecast, the board must
(a) report it to the minister immediately, and
(b) within 30 days of the report under paragraph (a), submit to the minister a deficit management plan acceptable to the minister.
34 Section 35 (2) is amended
(a) in paragraph (h) by striking out "full time", and
(b) by repealing paragraph (j).
35 Section 67 (6) is repealed.
University Foundations Act
36 Section 1 of the University Foundations Act, R.S.B.C. 1996, c. 471, is amended by repealing the definition of "board of governors" and substituting the following:
"board" means the board of a foundation; .
37 Section 2 (2), (3), (6) and (7) is repealed and the following substituted:
(2) A foundation referred to in subsection (1) consists of a board of 5 members appointed by the board of governors of the relevant university.
(3) The term of office of a member appointed under subsection (2) is 3 years.
(7) The board of governors of the relevant university must designate as the chair one of the members of the board of the foundation.
38 Sections 2 (8) and (9), 7, 8 (1), 10 (2), 11 (1) and (3), 12 and 13 are amended by striking out "of governors" wherever it appears.
39 Section 6 is repealed and the following substituted:
6 A board may establish the bylaws of the foundation.
University of Victoria Foundation Act, 1979
40 Section 3 (3) (b) and (c) of the University of Victoria Foundation Act, 1979, S.B.C. 1979, c. 38, is repealed and the following substituted:
(c) 4 members appointed by the university board, and .
41 Despite the amendment of section 2 of the Trinity Western University Foundation Act by section 30 of this Act, any individuals appointed under section 2 of the Trinity Western University Foundation Act before the coming into force of section 30 of this Act whose terms of office as members of the corporation had not expired, continue to hold office until their terms would have expired if section 30 of this Act had not been brought into force.
42 Despite the repeal of section 35 (2) (j) of the University Act by section 36 (b) of this Act, any individuals appointed under section 35 (2) (j) of the University Act before the coming into force of section 36 (b) of this Act whose terms of office as members of a university senate had not expired, continue to hold office until their terms would have expired if section 36 (b) had not been brought into force.
43 Despite the amendment of section 2 (2) of the University Foundations Act by section 40 of this Act, any individuals appointed under section 2 (2) of the University Foundations Act before the coming into force of section 40 of this Act whose terms of office as members of a university foundation had not expired, continue to hold office until their terms would have expired if section 40 of this Act had not been brought into force.
44 Despite the amendment of section 3 (3) of the University of Victoria Foundation Act, 1979 by section 43 of this Act, any individuals appointed under section 3 (3) of the University of Victoria Foundation Act, 1979 before the coming into force of section 43 of this Act whose terms of office as members of the foundation board had not expired, continue to hold office until their terms would have expired if section 43 of this Act had not been brought into force.
45 This Act comes into force by regulation of the Lieutenant Governor in Council.
College and Institute Act
SECTION 1: [College and Institute Act, amends section 1] is consequential to the repeal of the Open Learning Agency Act by section 22 of that Act.
SECTION 2: [College and Institute Act, amends section 2 (1)] is self-explanatory.
SECTION 3: [College and Institute Act, amends section 3 (d) (ii)] adds applied masters degrees to the list of degrees that the minister may require an institution to grant in order to provide consistency with the Degree Authorization Act.
SECTION 4: [College and Institute Act, repeals and replaces section 5 (1)] removes designation of degrees by the Lieutenant Governor in Council so that they may be designated by the minister under new section 5.1 enacted by this Bill.
SECTION 5: [College and Institute Act, enacts section 5.1] provides for the designation of degrees by the minister.
SECTION 6: [College and Institute Act, amends section 31] is self-explanatory.
SECTION 7: [College and Institute Act, repeals sections 32 and 39] is self-explanatory.
SECTION 8: [College and Institute Act, amends section 44] is self-explanatory.
SECTION 9: [College and Institute Act, re-enacts section 51] substitutes a power to apply provisions of the Company Act.
Degree Authorization Act
SECTION 10: [Degree Authorization Act, repeals section 2 (1) (c)] is consequential to the repeal of the Open Learning Agency Act by section 22 of that Act.
Financial Administration Act
SECTION 11: [Financial Administration Act, amends section 1] is consequential to the repeal of the Open Learning Agency Act by section 22 of that Act.
SECTION 12: [Financial Administration Act, amends section 56.1 (1)] is consequential to the repeal of the Open Learning Agency Act by section 22 of that Act.
Financial Information Act
SECTION 13: [Financial Information Act, amends Schedule 2] is consequential to the repeal of the Open Learning Agency Act by section 22 of that Act.
Freedom of Information and Protection of Privacy Act
(Ministry of Management Services)
SECTION 14: [Freedom of Information and Protection of Privacy Act, amends Schedule 1] is consequential to the repeal of the Open Learning Agency Act by section 22 of that Act.
Institute of Technology Act
SECTION 15: [Institute of Technology Act, amends section 13] is self-explanatory.
SECTION 16: [Institute of Technology Act, amends section 14 (2) (g)] is consequential to the repeal of section 24 of the Act by this Bill.
SECTION 17: [Institute of Technology Act, re-enacts section 22] is self-explanatory.
SECTION 18: [Institute of Technology Act, amends section 23 (3)] is consequential to the re- enactment of section 22 of the Institute of Technology Act by this Bill.
SECTION 19: [Institute of Technology Act, repeals sections 24, 27 and 29 (2)] is self-explanatory.
Motor Vehicle Act
SECTION 20: [Motor Vehicle Act, repeals section 21 (2) (b) (vii)] is consequential to the repeal of the Open Learning Agency Act by section 22 of that Act.
Municipal Finance Authority Act
SECTION 21: [Municipal Finance Authority Act, amends section 1] is consequential to the repeal of the Open Learning Agency Act by section 22 of that Act.
SECTION 22: [Municipal Finance Authority Act, repeals section 11 (1) (j)] is consequential to the repeal of the Open Learning Agency Act by section 22 of that Act.
Private Post-Secondary Education Act
SECTION 23: [Private Post-Secondary Education Act, amends section 1 (1)] is consequential to the repeal of the Open Learning Agency Act by section 22 of that Act.
Public Education Flexibility and Choice Act
SECTION 24: [Public Education Flexibility and Choice Act, amends section 1] is consequential to the repeal of the Open Learning Agency Act by section 22 of that Act.
Public Sector Employers Act
SECTION 25: [Public Sector Employers Act, amends section 1] is consequential to the repeal of the Open Learning Agency Act by section 22 of that Act.
Royal Roads University Act
SECTION 26: [Royal Roads University Act, repeals and replaces section 3 (5)] substitutes a power to apply provisions of the Company Act.
School Act
SECTION 27: [School Act, amends section 170.2] is consequential to the repeal of the Open Learning Agency Act by section 22 of that Act.
Trinity Western University Foundation Act
SECTION 28: [Trinity Western University Foundation Act, amends section 2] repeals the power of the Lieutenant Governor in Council to appoint members of the corporation of the foundation.
University Act
SECTION 29: [University Act, amends section 1] is self-explanatory.
SECTION 30: [University Act, amends section 3] substitutes a power to apply provisions of the Company Act.
SECTION 31: [University Act, amends section 19 (e) and (f)] is self-explanatory.
SECTION 32: [University Act, repeals section 23 (1) (f)] is self-explanatory.
SECTION 33: [University Act, repeals and replaces section 29 (1)] is self-explanatory.
SECTION 34: [University Act, amends section 35 (2)] repeals the power of the Lieutenant Governor in Council to appoint members of the senate of a university.
SECTION 35: [University Act, repeals section 67 (6)] is consequential to the repeal of the Open Learning Agency Act by section 22 of that Act.
University Foundations Act
SECTION 36: [University Foundations Act, amends section 1] clarifies the definition of "board" with reference to a foundation.
SECTION 37: [University Foundations Act, amends section 2] provides for the members and the chair of each foundation to be appointed by the board of governors of the relevant university.
SECTION 38: [University Foundations Act, amends sections 2, 7, 8 and 10 to 13] corrects statute revision errors.
SECTION 39: [University Foundations Act, re-enacts section 6] is self-explanatory.
University of Victoria Foundation Act, 1979
SECTION 40: [University of Victoria Foundation Act, 1979, amends section 3 (3)] repeals the power of the Lieutenant Governor in Council to appoint members of the foundation board.
SECTION 41: [Transitional -- Trinity Western University Foundation Act] provides for smooth transition for certain appointments of members of the corporation under the Trinity Western University Foundation Act.
SECTION 42: [Transitional -- University Act] provides for smooth transition for certain appointments to the senates of universities.
SECTION 43: [Transitional -- University Foundations Act] provides for smooth transition for certain appointments of members of university foundations.
SECTION 44: [Transitional -- University of Victoria Foundation Act, 1979] provides for smooth transition for certain appointments of members of the foundation board under the University of Victoria Foundation Act, 1979.
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