HONOURABLE NAOMI YAMAMOTO
MINISTER OF ADVANCED EDUCATION

BILL 18 — 2011

ADVANCED EDUCATION STATUTES
AMENDMENT ACT, 2011

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

Advanced Education Statutes Amendment Act, 2003

1 Sections 1, 10, 27 (a) and 35 of the Advanced Education Statutes Amendment Act, 2003, S.B.C. 2003, c. 48, are repealed.

Architects Act

2 Section 1 of the Architects Act, R.S.B.C. 1996, c. 17, is amended by adding the following definitions:

"associate" means a person registered under section 40;

"bylaws" means the bylaws of the institute;

"consensual resolution" means a collaborative dispute resolution process established under the bylaws to assist, in appropriate circumstances, with the resolution of the following without completion of a disciplinary inquiry:

(a) inquiries into complaints against a member, architectural firm, licensee or associate;

(b) inquiries into the conduct, capability or fitness to practise of a member, architectural firm, licensee or associate;

"consensual resolution review panel" means the consensual resolution review panel established under the bylaws; .

3 Section 5 is amended by striking out "of the institute" after "the bylaws".

4 Sections 18 and 21 (6) are amended by striking out "by bylaw of the institute" and substituting "by the bylaws".

5 Section 24 (2) is amended by adding the following paragraphs:

(g.1) the establishment of consensual resolution practices and procedures to assist, in appropriate circumstances, with the resolution of the following without completion of a disciplinary inquiry:

(i) inquiries into complaints against a member, architectural firm, licensee or associate;

(ii) inquiries into the conduct, capability or fitness to practise of a member, architectural firm, licensee or associate;

(g.2) the establishment of a consensual resolution review panel and its practices and procedures to review and approve consensual resolution agreements described in section 51.1;

(g.3) the setting by the council of fees payable to the institute for and in relation to consensual resolution; .

6 Sections 46 (1), 48 (1), 50 (1) and (5), 51 (1), (2), (4) and (5) and 55 (1) and (3) (b) are amended by striking out "or licensee" wherever it appears and substituting ", licensee or associate".

7 Section 50 (3) is amended

(a) by striking out "or licensee are as follows:" and substituting ", licensee or associate are as follows:", and

(b) in paragraphs (a), (c), (d) and (f) by striking out "or licensee" and substituting ", licensee or associate".

8 The following sections are added:

Consensual resolution

51.1  (1) At any time before the commencement of an inquiry hearing under section 48, a person designated by the institute and the member, architectural firm, licensee or associate that is the subject of the inquiry may agree to refer for consensual resolution, as provided in the bylaws, one or more issues relating to

(a) an inquiry into a complaint against the member, architectural firm, licensee or associate, or

(b) an inquiry into the conduct, capability or fitness to practise of a member, architectural firm, licensee or associate.

(2) The fact that issues have been referred under subsection (1) for consensual resolution does not bar

(a) an inquiry under section 46 (1),

(b) a notice of the inquiry under section 48,

(c) an application under section 49 to the Supreme Court arising from the inquiry, or

(d) an order under section 50,

unless

(e) the person designated by the institute and the member, architectural firm, licensee or associate that is the subject of the inquiry have signed a consensual resolution agreement resolving the issues giving rise to the inquiry, and

(f) the agreement is approved by the consensual resolution review panel.

(3) Despite subsection (2), until the outcome of the consensual resolution proceedings, the council may delay the decision whether or not to order an inquiry under section 46 (1).

(4) A consensual resolution agreement

(a) may contain provisions respecting the issues referred for consensual resolution that

(i) the person designated by the institute and the member, architectural firm, licensee or associate that is the subject of the inquiry consider appropriate, and

(ii) are not inconsistent with this Act,

(b) has no effect unless it is approved by the consensual resolution review panel, and

(c) has the same effect as an order made under section 50 once approved by the consensual resolution review panel.

(5) In deciding whether or not to approve a consensual resolution agreement signed by the person designated by the institute and the member, architectural firm, licensee or associate that is the subject of the inquiry, the consensual resolution review panel must have regard to the public interest.

(6) If the consensual resolution proceedings do not result in a consensual resolution of all the issues referred for consensual resolution,

(a) an inquiry under section 46 (1) respecting the issues referred for consensual resolution must proceed as if the consensual resolution proceedings had not taken place,

(b) the disciplinary committee must not consider the admissions made or any information provided in the consensual resolution proceedings, apart from information collected in an investigation separate from the consensual resolution proceedings, in determining issues or making an order under section 50, and

(c) a person who participated in the consensual resolution proceedings under this section must not participate as a member of the discipline committee in the inquiry concerning those issues.

Confidentiality of information

51.2  (1) In a proceeding, other than a criminal proceeding, unless the person designated by the institute and the member, architectural firm, licensee or associate that was the subject of the inquiry consent, a person must not disclose or be compelled to disclose

(a) a document or other record created specifically for the purposes of achieving a resolution of one or more issues through consensual resolution proceedings, or

(b) a statement made specifically by a party who participated in consensual resolution proceedings for the purpose of achieving a resolution of one or more issues in dispute.

(2) Subsection (1) does not apply to a consensual resolution agreement that is approved by the consensual resolution review panel.

(3) This section applies despite any provision, other than section 44 (1) (b), (2), (2.1) and (3), of the Freedom of Information and Protection of Privacy Act.

9 Section 58 is repealed.

Canadian Pentecostal Seminary Act

10 The Canadian Pentecostal Seminary Act, S.B.C. 2003, c. 92, is amended by adding the following section:

Provision of personal information

3.1  (1) In this section:

"personal education number" means a unique identification number for a student assigned or identified under section 170.3 (2) of the School Act;

"personal information" means recorded information about an identifiable individual;

"student" means a person who is, or is applying to be, enrolled as a student of the seminary.

(2) This section applies only if the seminary has been designated by the minister responsible for the administration of the School Act under section 168 (7) of that Act.

(3) The board of governors must require a student to provide the seminary with

(a) the student's personal education number, or

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

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

(5) The board of governors may use a student's personal education number for the following purposes:

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

(b) conducting research and statistical analysis of personal information in its possession;

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

(6) The board of governors must provide to the minister responsible for private post-secondary institutions the personal information about a student that is in the possession of the board of governors if the minister responsible for private post-secondary institutions requests that information.

(7) The minister responsible for private post-secondary institutions 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 responsible for private post-secondary institutions if the minister responsible for the administration of the School Act requests that information and provides the minister responsible for private post-secondary institutions with a valid personal education number for that student.

Carey Hall Act

11 The Carey Hall Act, S.B.C. 1959, c. 98, is amended by adding the following section:

Provision of personal information

10.1  (1) In this section:

"personal education number" means a unique identification number for a student assigned or identified under section 170.3 (2) of the School Act;

"personal information" means recorded information about an identifiable individual;

"student" means a person who is, or is applying to be, enrolled as a student of the College.

(2) This section applies only if the College has been designated by the minister responsible for the administration of the School Act under section 168 (7) of that Act.

(3) The Board of Administration must require a student to provide the College with

(a) the student's personal education number, or

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

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

(5) The Board of Administration may use a student's personal education number for the following purposes:

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

(b) conducting research and statistical analysis of personal information in its possession;

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

(6) The Board of Administration must provide to the minister responsible for private post-secondary institutions the personal information about a student that is in the possession of the Board of Administration if the minister responsible for private post-secondary institutions requests that information.

(7) The minister responsible for private post-secondary institutions 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 responsible for private post-secondary institutions if the minister responsible for the administration of the School Act requests that information and provides the minister responsible for private post-secondary institutions with a valid personal education number for that student.

Christ for the Nations Bible College Act

12 The title of the Christ for the Nations Bible College Act, S.B.C. 2006, c. 20, is repealed and the following substituted:

CHRIST COLLEGE OF CANADA SOCIETY ACT .

13 Section 1 is amended by repealing the definition of "Bible college" and substituting the following:

"Bible college" means the Christ College of Canada Society continued under section 2; ,

14 Section 2 (1) is amended and the following substituted:

(1) The society incorporated under the Society Act and continued under the Christ for the Nations Bible College Act, S.B.C. 2006, c. 20, as a not-for-profit society under the name "Christ for the Nations Bible College" is continued under this Act as a not-for-profit society under the name "Christ College of Canada Society".

15 The following section is added:

Provision of personal information

3.1  (1) In this section:

"personal education number" means a unique identification number for a student assigned or identified under section 170.3 (2) of the School Act;

"personal information" means recorded information about an identifiable individual;

"student" means a person who is, or is applying to be, enrolled as a student of the Bible college.

(2) This section applies only if the Bible college has been designated by the minister responsible for the administration of the School Act under section 168 (7) of that Act.

(3) The board of governors must require a student to provide the Bible college with

(a) the student's personal education number, or

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

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

(5) The board of governors may use a student's personal education number for the following purposes:

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

(b) conducting research and statistical analysis of personal information in its possession;

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

(6) The board of governors must provide to the minister responsible for private post-secondary institutions the personal information about a student that is in the possession of the board of governors if the minister responsible for private post-secondary institutions requests that information.

(7) The minister responsible for private post-secondary institutions 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 responsible for private post-secondary institutions if the minister responsible for the administration of the School Act requests that information and provides the minister responsible for private post-secondary institutions with a valid personal education number for that student.

College and Institute Act

16 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).

17 The following section is added:

Best interests of institution

8.2  In carrying out the objects of an institution, the members of the board of the institution must act in the best interests of that institution.

18 The following section is added:

Board chair

9.1  The members of the board must elect a chair from among the 8 or more members of the board appointed under section 9 (1) (a).

19 Section 11 is amended by adding the following subsection:

(3) The Lieutenant Governor in Council may, on a resolution passed by the vote of at least a 2/3 majority of the members of the board,

(a) despite subsections (1) and (2), remove from office a member of the board elected under section 9 (1) (b), (c) or (d),

(b) remove from office a member of the board appointed under section 9 (1) (a), and

(c) remove from office a member of the board of the Justice Institute of British Columbia appointed under section 9 (2) (a)

if the board or the board of the Justice Institute of British Columbia, as applicable, is satisfied that the person should be removed for cause.

20 Section 59 is amended by adding the following subsection:

(8) A person is not eligible to be or to remain a member of the board if the person is

(a) an employee of the institution, and

(b) a voting member of the executive body of, or an officer of, an instructional, administrative or other staff association of the institution who has the responsibility, or joint responsibility with others, to

(i) negotiate with the board, on behalf of the instructional, administrative or other staff association of that institution, the terms and conditions of service of members of that association, or

(ii) adjudicate disputes regarding members of the instructional, administrative or other staff association of that institution.

Columbia Bible College Act

21 The Columbia Bible College Act, S.B.C. 1987, c. 33, is amended by adding the following section:

Provision of personal information

4.1  (1) In this section:

"personal education number" means a unique identification number for a student assigned or identified under section 170.3 (2) of the School Act;

"personal information" means recorded information about an identifiable individual;

"student" means a person who is, or is applying to be, enrolled as a student of the college.

(2) This section applies only if the college has been designated by the minister responsible for the administration of the School Act under section 168 (7) of that Act.

(3) The board must require a student to provide the college with

(a) the student's personal education number, or

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

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

(5) The board may use a student's personal education number for the following purposes:

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

(b) conducting research and statistical analysis of personal information in its possession;

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

(6) The board must provide to the minister responsible for private post-secondary institutions the personal information about a student that is in the possession of the board if the minister responsible for private post-secondary institutions requests that information.

(7) The minister responsible for private post-secondary institutions 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 responsible for private post-secondary institutions if the minister responsible for the administration of the School Act requests that information and provides the minister responsible for private post-secondary institutions with a valid personal education number for that student.

Degree Authorization Act

22 Section 2 (1) (c) of the Degree Authorization Act, S.B.C. 2002, c. 24, is repealed.

23 The following section is added:

Provision of personal information

5.1  (1) In this section:

"institution" means a person who is authorized under section 4 (1) to

(a) confer a degree, or

(b) provide a program leading to a degree to be conferred by a person inside or outside British Columbia;

"personal education number" means a unique identification number for a student assigned or identified under section 170.3 (2) of the School Act;

"personal information" means recorded information about an identifiable individual;

"student" means a person who is, or is applying to be, enrolled in a program leading to a degree at an institution.

(2) This section applies only with respect to a student

(a) at an institution that has been designated by the minister responsible for the administration of the School Act under section 168 (7) of that Act, or

(b) in a program leading to a degree that has been designated by the minister responsible for the administration of the School Act under section 168 (7) of that Act.

(3) An institution must require a student to provide the institution with

(a) the student's personal education number, or

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

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

(5) An institution may use a student's personal education number for the following purposes:

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

(b) conducting research and statistical analysis of personal information in its possession;

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

(6) An institution must provide to the minister the personal information about a student that is in the possession of the institution if the minister requests that information.

(7) The minister must provide to the minister responsible for the administration of the School Act the personal information for 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.

Education Statutes Amendment Act, 2007

24 Section 21 (c) of the Education Statutes Amendment Act, 2007, S.B.C. 2007, c. 16, as it enacts section 168 (7) of the School Act, R.S.B.C. 1996, c. 412, is repealed.

25 Section 25, as it enacts section 170.3 of the School Act, R.S.B.C. 1996, c. 412, is repealed.

26 Sections 34 to 38 and 42 to 53 are repealed.

Northwest Baptist Theological College Act

27 The Northwest Baptist Theological College Act, S.B.C. 1959, c. 103, is amended by adding the following section:

Provision of personal information

9.1  (1) In this section:

"personal education number" means a unique identification number for a student assigned or identified under section 170.3 (2) of the School Act;

"personal information" means recorded information about an identifiable individual;

"student" means a person who is, or is applying to be, enrolled as a student of the College.

(2) This section applies only if the College has been designated by the minister responsible for the administration of the School Act under section 168 (7) of that Act.

(3) The Board of Governors must require a student to provide the College with

(a) the student's personal education number, or

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

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

(5) The Board of Governors may use a student's personal education number for the following purposes:

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

(b) conducting research and statistical analysis of personal information in its possession;

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

(6) The Board of Governors must provide to the minister responsible for private post-secondary institutions the personal information about a student that is in the possession of the Board of Governors if the minister responsible for private post-secondary institutions requests that information.

(7) The minister responsible for private post-secondary institutions 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 responsible for private post-secondary institutions if the minister responsible for the administration of the School Act requests that information and provides the minister responsible for private post-secondary institutions with a valid personal education number for that student.

Okanagan Bible College Act

28 The Okanagan Bible College Act, S.B.C. 1983, c. 8, is amended by adding the following section:

Provision of personal information

11.1  (1) In this section:

"personal education number" means a unique identification number for a student assigned or identified under section 170.3 (2) of the School Act;

"personal information" means recorded information about an identifiable individual;

"student" means a person who is, or is applying to be, enrolled as a student of the College.

(2) This section applies only if the College has been designated by the minister responsible for the administration of the School Act under section 168 (7) of that Act.

(3) The Board of Governors must require a student to provide the College with

(a) the student's personal education number, or

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

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

(5) The Board of Governors may use a student's personal education number for the following purposes:

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

(b) conducting research and statistical analysis of personal information in its possession;

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

(6) The Board of Governors must provide to the minister responsible for private post-secondary institutions the personal information about a student that is in the possession of the Board of Governors if the minister responsible for private post-secondary institutions requests that information.

(7) The minister responsible for private post-secondary institutions 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 responsible for private post-secondary institutions if the minister responsible for the administration of the School Act requests that information and provides the minister responsible for private post-secondary institutions with a valid personal education number for that student.

Pacific Life Bible College Act

29 The Pacific Life Bible College Act, S.B.C. 1985, c. 88, is amended by adding the following section:

Provision of personal information

11.1  (1) In this section:

"personal education number" means a unique identification number for a student assigned or identified under section 170.3 (2) of the School Act;

"personal information" means recorded information about an identifiable individual;

"student" means a person who is, or is applying to be, enrolled as a student of the college.

(2) This section applies only if the college has been designated by the minister responsible for the administration of the School Act under section 168 (7) of that Act.

(3) The board of governors must require a student to provide the college with

(a) the student's personal education number, or

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

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

(5) The board of governors may use a student's personal education number for the following purposes:

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

(b) conducting research and statistical analysis of personal information in its possession;

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

(6) The board of governors must provide to the minister responsible for private post-secondary institutions the personal information about a student that is in the possession of the board of governors if the minister responsible for private post-secondary institutions requests that information.

(7) The minister responsible for private post-secondary institutions 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 responsible for private post-secondary institutions if the minister responsible for the administration of the School Act requests that information and provides the minister responsible for private post-secondary institutions with a valid personal education number for that student.

Private Career Training Institutions Act

30 The Private Career Training Institutions Act, S.B.C. 2003, c. 79, is amended by adding the following section:

Provision of personal information

12.1  (1) In this section:

"personal education number" means a unique identification number for a student assigned or identified under section 170.3 (2) of the School Act;

"personal information" means recorded information about an identifiable individual;

"student" means a person who is, or is applying to be, enrolled in a career training program at a registered institution.

(2) This section applies only with respect to a student

(a) at a registered institution that has been designated by the minister responsible for the administration of the School Act under section 168 (7) of that Act, or

(b) in a career training program that has been designated by the minister responsible for the administration of the School Act under section 168 (7) of that Act.

(3) A registered institution must require a student to provide the registered institution with

(a) the student's personal education number, or

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

(4) A registered institution must submit the personal information collected under subsection (3) (b) to the minister responsible for the administration of the School Act to obtain a personal education number for the student.

(5) A registered institution may use a student's personal education number for the following purposes:

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

(b) conducting research and statistical analysis of personal information in its possession;

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

(6) A registered institution must provide to the minister the personal information about a student that is in the possession of the registered institution if the minister requests that information.

(7) 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.

Regent College Act

31 The Regent College Act, S.B.C. 1968, c. 68, is amended by adding the following section:

Provision of personal information

11.1  (1) In this section:

"personal education number" means a unique identification number for a student assigned or identified under section 170.3 (2) of the School Act;

"personal information" means recorded information about an identifiable individual;

"student" means a person who is, or is applying to be, enrolled as a student of the College.

(2) This section applies only if the College has been designated by the minister responsible for the administration of the School Act under section 168 (7) of that Act.

(3) The Board of Governors must require a student to provide the College with

(a) the student's personal education number, or

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

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

(5) The Board of Governors may use a student's personal education number for the following purposes:

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

(b) conducting research and statistical analysis of personal information in its possession;

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

(6) The Board of Governors must provide to the minister responsible for private post-secondary institutions the personal information about a student that is in the possession of the Board of Governors if the minister responsible for private post-secondary institutions requests that information.

(7) The minister responsible for private post-secondary institutions 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 responsible for private post-secondary institutions if the minister responsible for the administration of the School Act requests that information and provides the minister responsible for private post-secondary institutions with a valid personal education number for that student.

Royal Roads University Act

32 The Royal Roads University Act, R.S.B.C. 1996, c. 409, is amended by adding the following sections:

Best interests of university

2.1  In carrying out the purposes of the university, the members of the board of governors of the university must act in the best interests of the university.

Persons not eligible

5.1  A person is not eligible to be or to remain a member of the board if the person is

(a) an employee of the university, and

(b) a voting member of the executive body of, or an officer of, an academic or non-academic staff association of the university who has the responsibility, or joint responsibility with others, to

(i) negotiate with the board, on behalf of the academic or non-academic staff association of the university, the terms and conditions of service of members of that association, or

(ii) adjudicate disputes regarding members of the academic or non-academic staff association of the university.

33 Section 7 is amended by adding the following subsection:

(4) Despite section 6, the Lieutenant Governor in Council may, on a resolution passed by the vote of at least a 2/3 majority of the members of the board, remove from office a member of the board

(a) elected under section 5 (b), (d) or (e), or

(b) appointed under section 5 (c)

if the board is satisfied that the person should be removed for cause.

School Act

34 Section 168 of the School Act, R.S.B.C. 1996, c. 412, is amended by adding the following subsections:

(7) At the request of the minister responsible for private post-secondary institutions, the minister may, by order, do any of the following for the purposes of section 170.3 [private post-secondary students]:

(a) designate a university, college, seminary or other educational institution established or continued under any of the following Acts:

(i) the Canadian Pentecostal Seminary Act;

(ii) the Carey Hall Act;

(iii) the Christ College of Canada Society Act;

(iv) the Columbia Bible College Act;

(v) the Northwest Baptist Theological College Act;

(vi) the Okanagan Bible College Act;

(vii) the Pacific Life Bible College Act;

(viii) the Regent College Act;

(ix) the Sea to Sky University Act;

(x) the Seminary of Christ the King Act;

(xi) the St. Andrew's Hall Act;

(xii) the St. Mark's College Act;

(xiii) the Summit Pacific College Act;

(xiv) the Trinity Western University Act;

(xv) the Vancouver School of Theology Act;

(xvi) the World Trade University Canada Establishment Act;

(xvii) an Act that establishes or continues a private post-secondary institution specified by order of the minister under subsection (8);

(b) designate a person who is authorized under section 4 (1) [consent of minister] of the Degree Authorization Act to

(i) grant or confer a degree, or

(ii) provide a program leading to a degree to be conferred by a person inside or outside British Columbia;

(c) designate a program leading to a degree offered by a person who is authorized under section 4 (1) of the Degree Authorization Act to offer such a program;

(d) designate an institution providing career training and registered with the Private Career Training Institutions Agency in accordance with the Private Career Training Institutions Act;

(e) designate a career training program at an institution providing career training and registered with the Private Career Training Institutions Agency in accordance with the Private Career Training Institutions Act.

(8) At the request of the minister responsible for private post-secondary institutions, the minister may, by order, specify an Act for the purposes of subsection (7) (a) (xvii).

35 Section 170.1 (3) is amended by adding the following paragraph:

(l) assigning or identifying personal education numbers for the purposes of sections 170.2 to 170.4.

36 Section 170.2 is amended

(a) in subsection (1) by repealing paragraph (c) in the definition of "public post-secondary institution" and by adding the following definition:

"personal information" means recorded information about an identifiable individual; ,

(b) in subsection (2) (a) by striking out "under section 170.1" and substituting "under this Act", and

(c) by repealing subsections (4) and (5) and substituting the following:

(4) The personal information of a student obtained by the minister under

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

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

(c) section 70.1 (2) of the University Act, or

(d) section 70.1 (2) of the University Act, as it applies under section 4 of the Thompson Rivers University Act

may be used only for the following purposes:

(e) 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;

(f) conducting research and statistical analysis relating to the transition of individuals to post-secondary institutions.

(5) The personal information of a student obtained under this section by the minister responsible for public post-secondary institutions may be used only for the following purposes:

(a) conducting research and statistical analysis relating to students, including research and analysis respecting the transition of individuals to post-secondary institutions;

(b) delivering a common or integrated program or activity within the meaning of section 33.2 (d) of the Freedom of Information and Protection of Privacy Act;

(c) facilitating the administration of the BC Student Assistance Program by the minister responsible for the program;

(d) conducting research and statistical analysis related to the BC Student Assistance Program;

(e) evaluating the effectiveness of the BC Student Assistance Program.

37 The following section is added:

Private post-secondary students

170.3  (1) In this section:

"career training institution" means an institution providing career training and registered with the Private Career Training Institutions Agency in accordance with the Private Career Training Institutions Act;

"degree-granting institution" means a person who is authorized under section 4 (1) [consent of minister] of the Degree Authorization Act to

(a) grant or confer a degree, or

(b) provide a program leading to a degree to be conferred by a person inside or outside British Columbia;

"designated career training institution" means a career training institution that has been designated by the minister under section 168 (7) [jurisdiction of minister];

"designated career training program" means a career training program provided by a career training institution that has been designated by the minister under section 168 (7);

"designated degree-granting institution" means a degree-granting institution that has been designated by the minister under section 168 (7);

"designated degree program" means a program, as described in section 3 (1) (b) of the Degree Authorization Act, that

(a) is offered by a person who is authorized under section 4 (1) of that Act to offer such a program, and

(b) has been designated by the minister under section 168 (7);

"designated private institution" means a university, college, seminary or other educational institution that has been designated by the minister under section 168 (7);

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

"personal information" means recorded information about an identifiable individual;

"private post-secondary institution board" means the board of any of the following:

(a) a career training institution that offers one or more designated career training programs;

(b) a degree-granting institution that offers one or more designated degree programs;

(c) a designated career training institution;

(d) a designated degree-granting institution;

(e) a designated private institution,

and includes a registrar or other appropriate officer for an institution described in paragraphs (a) to (e);

"student" means a person who is, or is applying to be, enrolled as a student of any of the following:

(a) a designated career training institution;

(b) a designated career training program;

(c) a designated degree-granting institution;

(d) a designated degree program;

(e) a designated private institution,

(2) If the minister receives from a private post-secondary institution board 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 this Act, and

(b) provide the personal education number to the private post-secondary institution board.

(3) The minister must provide to the minister responsible for private post-secondary institutions the personal information about a student that is in the possession of the minister if the minister responsible for private 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 by the minister under any of the following provisions may be used only for the purposes set out in section 170.2 (4) (e) and (f):

(a) section 3.1 (7) [provision of personal information] of the Canadian Pentecostal Seminary Act;

(b) section 10.1 (7) [provision of personal information] of the Carey Hall Act;

(c) section 3.1 (7) [provision of personal information] of the Christ College of Canada Society Act;

(d) section 4.1 (7) [provision of personal information] of the Columbia Bible College Act;

(e) section 5.1 (7) [provision of personal information] of the Degree Authorization Act;

(f) section 9.1 (7) [provision of personal information] of the Northwest Baptist Theological College Act;

(g) section 11.1 (7) [provision of personal information] of the Okanagan Bible College Act;

(h) section 11.1 (7) [provision of personal information] of the Pacific Life Bible College Act;

(i) section 12.1 (7) [provision of personal information] of the Private Career Training Institutions Act;

(j) section 11.1 (7) [provision of personal information] of the Regent College Act;

(k) section 6.1 (7) [provision of personal information] of the Sea to Sky University Act;

(l) section 13.1 (7) [provision of personal information] of the Seminary of Christ the King Act;

(m) section 9.1 (7) [provision of personal information] of the St. Andrew's Hall Act;

(n) section 9.1 (7) [provision of personal information] of the St. Mark's College Act;

(o) section 9.1 (7) [provision of personal information] of the Summit Pacific College Act;

(p) section 9.1 (7) [provision of personal information] of the Trinity Western University Act;

(q) section 14.1 (7) [provision of personal information] of the Vancouver School of Theology Act;

(r) section 6.1 (7) [provision of personal information] of the World Trade University Canada Establishment Act;

(s) for an Act specified by minister's order under section 168 (7), the provisions of that Act.

(5) The personal information of a student obtained under this section or any of the following provisions by the minister responsible for private post-secondary institutions may be used only for the purposes set out in section 170.2 (5):

(a) section 3.1 (6) of the Canadian Pentecostal Seminary Act;

(b) section 10.1 (6) of the Carey Hall Act;

(c) section 3.1 (6) of the Christ College of Canada Society Act;

(d) section 4.1 (6) of the Columbia Bible College Act;

(e) section 5.1 (6) of the Degree Authorization Act;

(f) section 9.1 (6) of the Northwest Baptist Theological College Act;

(g) section 11.1 (6) of the Okanagan Bible College Act;

(h) section 11.1 (6) of the Pacific Life Bible College Act;

(i) section 12.1 (6) of the Private Career Training Institutions Act;

(j) section 11.1 (6) of the Regent College Act;

(k) section 6.1 (6) of the Sea to Sky University Act;

(l) section 13.1 (6) of the Seminary of Christ the King Act;

(m) section 9.1 (6) of the St. Andrew's Hall Act;

(n) section 9.1 (6) of the St. Mark's College Act;

(o) section 9.1 (6) of the Summit Pacific College Act;

(p) section 9.1 (6) of the Trinity Western University Act;

(q) section 14.1 (6) of the Vancouver School of Theology Act;

(r) section 6.1 (6) of the World Trade University Canada Establishment Act;

(s) for an Act specified by minister's order under section 168 (7), the provisions of that Act.

38 Section 170.4 (1) is amended by adding the following definition:

"personal information" means recorded information about an identifiable individual; .

39 Section 170.5 is amended by adding the following paragraph:

(a.1) section 170.2 (4) (e) and (f) and (5) (a), (b), (e) and (f); .

Sea to Sky University Act

40 The Sea to Sky University Act, S.B.C. 2002, c. 54, is amended by adding the following section:

Provision of personal information

6.1  (1) In this section:

"personal education number" means a unique identification number for a student assigned or identified under section 170.3 (2) of the School Act;

"personal information" means recorded information about an identifiable individual;

"student" means a person who is, or is applying to be, enrolled as a student of the university.

(2) This section applies only if the university has been designated by the minister responsible for the administration of the School Act under section 168 (7) of that Act.

(3) The board must require a student to provide the university with

(a) the student's personal education number, or

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

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

(5) The board may use a student's personal education number for the following purposes:

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

(b) conducting research and statistical analysis of personal information in its possession;

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

(6) The board must provide to the minister responsible for private post-secondary institutions the personal information about a student that is in the possession of the board if the minister responsible for private post-secondary institutions requests that information.

(7) The minister responsible for private post-secondary institutions 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 responsible for private post-secondary institutions if the minister responsible for the administration of the School Act requests that information and provides the minister responsible for private post-secondary institutions with a valid personal education number for that student.

Seminary of Christ the King Act

41 The Seminary of Christ the King Act, S.B.C. 1966, c. 67, is amended by adding the following section:

Provision of personal information

13.1  (1) In this section:

"personal education number" means a unique identification number for a student assigned or identified under section 170.3 (2) of the School Act;

"personal information" means recorded information about an identifiable individual;

"student" means a person who is, or is applying to be, enrolled as a student of the Seminary.

(2) This section applies only if the Seminary has been designated by the minister responsible for the administration of the School Act under section 168 (7) of that Act.

(3) The Board of Governors must require a student to provide the Seminary with

(a) the student's personal education number, or

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

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

(5) The Board of Governors may use a student's personal education number for the following purposes:

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

(b) conducting research and statistical analysis of personal information in its possession;

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

(6) The Board of Governors must provide to the minister responsible for private post-secondary institutions the personal information about a student that is in the possession of the Board of Governors if the minister responsible for private post-secondary institutions requests that information.

(7) The minister responsible for private post-secondary institutions 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 responsible for private post-secondary institutions if the minister responsible for the administration of the School Act requests that information and provides the minister responsible for private post-secondary institutions with a valid personal education number for that student.

St. Andrew's Hall Act

42 The St. Andrew's Hall Act, S.B.C. 1955, c. 112, is amended by adding the following section:

Provision of personal information

9.1  (1) In this section:

"personal education number" means a unique identification number for a student assigned or identified under section 170.3 (2) of the School Act;

"personal information" means recorded information about an identifiable individual;

"student" means a person who is, or is applying to be, enrolled as a student of the College.

(2) This section applies only if the College has been designated by the minister responsible for the administration of the School Act under section 168 (7) of that Act.

(3) The Board of Management must require a student to provide the College with

(a) the student's personal education number, or

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

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

(5) The Board of Management may use a student's personal education number for the following purposes:

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

(b) conducting research and statistical analysis of personal information in its possession;

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

(6) The Board of Management must provide to the minister responsible for private post-secondary institutions the personal information about a student that is in the possession of the Board of Management if the minister responsible for private post-secondary institutions requests that information.

(7) The minister responsible for private post-secondary institutions 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 responsible for private post-secondary institutions if the minister responsible for the administration of the School Act requests that information and provides the minister responsible for private post-secondary institutions with a valid personal education number for that student.

St. Mark's College Act

43 The St. Mark's College Act, S.B.C. 1956, c. 68, is amended by adding the following section:

Provision of personal information

9.1  (1) In this section:

"personal education number" means a unique identification number for a student assigned or obtained under section 170.3 (2) of the School Act;

"personal information" means recorded information about an identifiable individual;

"student" means a person who is, or is applying to be, enrolled as a student of the College.

(2) This section applies only if the College has been designated by the minister responsible for the administration of the School Act under section 168 (7) of that Act.

(3) The Board of Management must require a student to provide the College with

(a) the student's personal education number, or

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

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

(5) The Board of Management may use a student's personal education number for the following purposes:

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

(b) conducting research and statistical analysis of personal information in its possession;

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

(6) The Board of Management must provide to the minister responsible for private post-secondary institutions the personal information about a student that is in the possession of the Board of Management if the minister responsible for private post-secondary institutions requests that information.

(7) The minister responsible for private post-secondary institutions 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 responsible for private post-secondary institutions if the minister responsible for the administration of the School Act requests that information and provides the minister responsible for private post-secondary institutions with a valid personal education number for that student.

Summit Pacific College Act

44 The Summit Pacific College Act, S.B.C. 1967, c. 65, is amended by adding the following section:

Provision of personal information

9.1  (1) In this section:

"personal education number" means a unique identification number for a student assigned or identified under section 170.3 (2) of the School Act;

"personal information" means recorded information about an identifiable individual;

"student" means a person who is, or is applying to be, enrolled as a student of the College.

(2) This section applies only if the College has been designated by the minister responsible for the administration of the School Act under section 168 (7) of that Act.

(3) The Board of Governors must require a student to provide the College with

(a) the student's personal education number, or

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

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

(5) The Board of Governors may use a student's personal education number for the following purposes:

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

(b) conducting research and statistical analysis of personal information in its possession;

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

(6) The Board of Governors must provide to the minister responsible for private post-secondary institutions the personal information about a student that is in the possession of the Board of Governors if the minister responsible for private post-secondary institutions requests that information.

(7) The minister responsible for private post-secondary institutions 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 responsible for private post-secondary institutions if the minister responsible for the administration of the School Act requests that information and provides the minister responsible for private post-secondary institutions with a valid personal education number for that student.

Thompson Rivers University Act

45 Section 4 (1) of the Thompson Rivers University Act, S.B.C. 2005, c. 17, is amended by striking out "19, 20" and substituting "19, 19.1, 19.2, 20".

Trinity Western University Act

46 The Trinity Western University Act, S.B.C. 1969, c. 44, is amended by adding the following section:

Provision of personal information

9.1  (1) In this section:

"personal education number" means a unique identification number for a student assigned or identified under section 170.3 (2) of the School Act;

"personal information" means recorded information about an identifiable individual;

"student" means a person who is, or is applying to be, enrolled as a student of the University.

(2) This section applies only if the University has been designated by the minister responsible for the administration of the School Act under section 168 (7) of that Act.

(3) The Board of Governors must require a student to provide the University with

(a) the student's personal education number, or

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

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

(5) The Board of Governors may use a student's personal education number for the following purposes:

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

(b) conducting research and statistical analysis of personal information in its possession;

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

(6) The Board of Governors must provide to the minister responsible for private post-secondary institutions the personal information about a student that is in the possession of the Board of Governors if the minister responsible for private post-secondary institutions requests that information.

(7) The minister responsible for private post-secondary institutions 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 responsible for private post-secondary institutions if the minister responsible for the administration of the School Act requests that information and provides the minister responsible for private post-secondary institutions with a valid personal education number for that student.

University Act

47 The University Act, R.S.B.C. 1996, c. 468, is amended by adding the following sections:

Best interests of university

19.1  The members of the board of a university must act in the best interests of the university.

Board chair

19.2  (1) The members of the board of a university, other than the University of British Columbia, must elect a chair from among the 8 members of the board appointed under section 19 (1) (d).

(2) The members of the board of the University of British Columbia must elect a chair from among the 11 members of the board appointed under section 19 (2) (e).

48 Section 22 is amended by adding the following subsection:

(1.1) Despite section 19, the Lieutenant Governor in Council may, on a resolution passed by the vote of at least a 2/3 majority of the members of the board, remove from office a member of the board

(a) elected under section 19 (1) (c), (e) or (f) or (2) (c), (d), (f), (g), (h) or (i), or

(b) appointed under section 19 (1) (d) or (2) (e)

if the board is satisfied that the person should be removed for cause.

49 Section 23 (1) is amended by adding the following paragraph:

(g) a person who is an employee of the university and who is a voting member of the executive body of, or an officer of, an academic or non-academic staff association of the university who has the responsibility, or joint responsibility with others, to

(i) negotiate with the board, on behalf of the academic or non-academic staff association of that university, the terms and conditions of service of members of that association, or

(ii) adjudicate disputes regarding members of the academic or non-academic staff association of that university.

50 Section 27 (2) (b) is amended by adding "appointed by the Lieutenant Governor in Council" after "among its members".

51 Section 67 (6) is repealed.

Vancouver School of Theology Act

52 The Vancouver School of Theology Act, S.B.C. 1992, c. 28, is amended by adding the following section:

Provision of personal information

14.1  (1) In this section:

"personal education number" means a unique identification number for a student assigned or identified under section 170.3 (2) of the School Act;

"personal information" means recorded information about an identifiable individual;

"student" means a person who is, or is applying to be, enrolled as a student of the school of theology.

(2) This section applies only if the school of theology has been designated by the minister responsible for the administration of the School Act under section 168 (7) of that Act.

(3) The board of governors must require a student to provide the school of theology with

(a) the student's personal education number, or

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

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

(5) The board of governors may use a student's personal education number for the following purposes:

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

(b) conducting research and statistical analysis of personal information in its possession;

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

(6) The board of governors must provide to the minister responsible for private post-secondary institutions the personal information about a student that is in the possession of the board of governors if the minister responsible for private post-secondary institutions requests that information.

(7) The minister responsible for private post-secondary institutions 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 minister responsible for private post-secondary institutions if the minister responsible for the administration of the School Act requests that information and provides the minister responsible for private post-secondary institutions with a valid personal education number for that student.

World Trade University Canada Establishment Act

53 The World Trade University Canada Establishment Act, S.B.C. 2005, c. 42, is amended by adding the following section:

Provision of personal information

6.1  (1) In this section:

"personal education number" means a unique identification number for a student assigned or identified under section 170.3 (2) of the School Act;

"personal information" means recorded information about an identifiable individual;

"student" means a person who is, or is applying to be, enrolled as a student of the university.

(2) This section applies only if the university has been designated by the minister responsible for the administration of the School Act under section 168 (7) of that Act.

(3) The board must require a student to provide the university with

(a) the student's personal education number, or

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

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

(5) The board may use a student's personal education number for the following purposes:

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

(b) conducting research and statistical analysis of personal information in its possession;

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

(6) The board must provide to the minister responsible for private post-secondary institutions the personal information about a student that is in the possession of the board if the minister responsible for private post-secondary institutions requests that information.

(7) The minister responsible for private post-secondary institutions 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 responsible for private post-secondary institutions if the minister responsible for the administration of the School Act requests that information and provides the minister responsible for private post-secondary institutions with a valid personal education number for that student.

Transitional Provision

College and Institute Act transition

54  A person who is the chair of a board within the meaning of the College and Institute Act but who is not a member of the board appointed under section 9 (1) (a) of the College and Institute Act ceases to be the chair of the board.

Consequential Amendment

Financial Administration Act

55 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) and by repealing paragraph (c.2).

Commencement

56  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item Column 1
Provisions of Act
Column 2
Commencement
1 Anything not elsewhere covered by this table The date of Royal Assent
2 Section 1 By regulation of the Lieutenant Governor in Council
3 Sections 10 and 11 By regulation of the Lieutenant Governor in Council
4 Sections 15 and 16 By regulation of the Lieutenant Governor in Council
5 Section 18 By regulation of the Lieutenant Governor in Council
6 Sections 21 to 31 By regulation of the Lieutenant Governor in Council
7 Sections 34 to 44 By regulation of the Lieutenant Governor in Council
8 Section 46 By regulation of the Lieutenant Governor in Council
9 Sections 51 to 55 By regulation of the Lieutenant Governor in Council