[37] Bill 147 Original (PDF)
Bill 147 2001
An Act respecting
the establishment and governance
of colleges of applied arts
and technology
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definition
1. In this Act,
"Minister" means the Minister of Training, Colleges and Universities or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act.
Colleges
2. (1) Colleges of applied arts and technology may be established by regulation.
Objects
(2) The objects of the colleges are to offer a comprehensive program of career-oriented, post-secondary education and training to assist individuals in finding and keeping employment, to meet the needs of employers and the changing work environment and to support the economic and social development of their local and diverse communities.
Carrying out its objects
(3) In carrying out its objects, a college may undertake a range of education-related and training-related activities, including but not limited to,
(a) entering into partnerships with business, industry and other educational institutions;
(b) offering its courses in the French language where the college is authorized to do so by regulation;
(c) adult vocational education and training;
(d) basic skills and literacy training;
(e) apprenticeship in-school training; and
(f) applied research.
Crown agent
(4) A college established under subsection (1) is an agency of the Crown.
Boards of governors
3. (1) There shall be a board of governors for each college established under this Act consisting of such members as may be prescribed by regulation.
Corporation
(2) The board of governors is a non-share corporation.
Policy directives
4. (1) The Minister may issues policy directives in relation to the manner in which colleges carry out their objects or conduct their affairs.
Binding
(2) The policy directives are binding upon the colleges and the colleges to which they apply shall carry out their objects and conduct their affairs in accordance with the policy directives.
General or particular
(3) A policy directive of the Minister may be general or particular in its application.
Intervention
5. (1) The Minister may intervene into the affairs of a college or a subsidiary of a college in such manner and under such conditions as may be prescribed, if the Minister is of the opinion that,
(a) the college is not providing services in accordance with this Act or the regulations or with any other Act that applies to the college;
(b) the college fails to follow a policy directive under section 4; or
(c) it is in the public interest to do so.
Public interest
(2) In determining whether an intervention is in the public interest, the Minister may take into consideration, among other things,
(a) the quality of the management and administration of the college;
(b) the college's utilization of its financial resources for the management and delivery of core education and training services;
(c) the accessibility to education and training services in the community where the college is located; and
(d) the quality of education and training services provided to students.
Information
6. A college established under this Act shall provide to the Minister any financial or other information that the Minister may request.
Student governing body
7. Nothing in this Act restricts a student governing body of a college elected by the students of the college from carrying on its normal activities and no college shall prevent the student governing body from doing so.
Regulations
8. (1) The Lieutenant Governor in Council may make regulations,
(a) establishing, naming and governing colleges, including varying or expanding the objects or responsibilities of any college, and prescribing any other matter related to the manner in which a college may carry out its affairs;
(b) providing for the appointment, composition, powers and duties of boards of governors and the removal of any or all members of any board of governors upon such conditions and subject to such processes as may be prescribed, including delegating any of these powers to the council established under clause (g);
(c) limiting the powers that may be exercised by a college under the Corporations Act under such conditions as may be prescribed;
(d) amalgamating or closing colleges and providing for any matters that must be dealt with as a result of the amalgamation or closure;
(e) in respect of an intervention under section 5,
(i) prescribing under what conditions an intervention may be taken,
(ii) prescribing the types of intervention that may be taken, including replacing any or all members of a board,
(iii) delegating to the Minister or an agent of the Minister any powers necessary to carry out the intervention,
(iv) governing procedures that apply in respect of an intervention and requiring colleges to comply with those procedures;
(f) respecting the languages of instruction, including authorizing specified colleges to offer any or all of their programs in the French language and excluding others from doing so;
(g) establishing a council to assume such duties in respect of collective bargaining and human resource matters as may be prescribed under any Act or the regulations and to perform such other duties as may be prescribed and setting out the powers of the council in relation to those duties;
(h) providing for any transitional matter necessary for the effective implementation of this Act or the regulations.
General or specific
(2) A regulation may be general or specific in its application.
Conflict
(3) If there is a conflict between a regulation made under this section and the Corporations Act, the regulation prevails.
Transition
9. Until a council is established under clause 8 (1) (g), the Ontario Council of Regents for Colleges of Applied Arts and Technology established under section 5 of the Ministry of Training, Colleges and Universities Act is continued and has the same powers and duties it had before the repeal of that section.
Repeal
10. Section 5 of the Ministry of Training, Colleges and Universities Act is repealed.
11. Subsection 4 (5) of the Post-secondary Education Choice and Excellence Act, 2000 is amended by striking out "Ministry of Training, Colleges and Universities Act" and substituting "Ontario Colleges of Applied Arts and Technology Act, 2001".
12. The definition of "Council" in section 1 of the Colleges Collective Bargaining Act is repealed and the following substituted:
"Council" means the council established under clause 8 (1) (g) of the Ontario Colleges of Applied Arts and Technology Act, 2001.
13. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
14. The short title of this Act is the Ontario Colleges of Applied Arts and Technology Act, 2001.
EXPLANATORY NOTE
The purpose of the Bill is to continue the power formerly contained in section 5 of the Ministry of Training, Colleges and Universities Act to allow the establishment and governance of colleges of applied arts and technology. The colleges and the board of governors for each college are established by regulation. Each board is a Crown agent.