[37] Bill 157 Original (PDF)
Bill 157 2001
An Act to amend the
Ontario Educational Communications
Authority Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) Section 1 of the Ontario Educational Communications Authority Act is amended by adding the following definition:
"distance education programs" means programs to provide courses of study through correspondence or other means that do not require the physical attendance by the student at a school and that are prescribed under paragraph 2 of subsection 8 (1) of the Education Act or are approved by the Minister of Education; ("programme d'enseignement à distance")
(2) The definition of "Minister" in section 1 of the Act is repealed and the following substituted:
"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. ("ministre")
2. Section 3 of the Act is amended by striking out "and" at the end of clause (b), by adding "and" at the end of clause (c) and by adding the following clause:
(d) to establish and administer distance education programs.
3. The Act is amended by adding the following section:
Distance education programs
16. (1) The Authority may establish distance education programs.
Powers re: programs
(2) In establishing a program under subsection (1), the Authority may,
(a) establish registration procedures and qualifications for registration;
(b) establish standards, administer and establish tests, testing procedures and evaluation procedures, grant credits and award diplomas and certificates for courses that are equivalent to those offered by elementary or secondary schools under the jurisdiction of a board within the meaning of the Education Act; and
(c) subject to subsection (3), charge fees for courses, program materials and other incidental items or services, which fees may vary for different courses, for different materials or services and for any class of students, and waive or reduce those fees under such conditions as may be determined under the program.
Fees for students resident in Ontario
(3) The Authority may not charge fees to students resident in Ontario unless the Authority has entered into an agreement with the Minister of Training, Colleges and Universities and the Minister of Education in respect of fees and the fees charged are consistent with the amounts set out in that agreement.
Agreements, policies and guidelines
(4) The Authority may, with respect to distance education programs,
(a) enter into agreements, including funding agreements, with any person or entity, including any provincial ministry or agency; and
(b) establish policies and guidelines.
Copy to be provided
(5) The Authority shall provide the Minister of Training, Colleges and Universities and the Minister of Education with copies of all policies and guidelines issued in respect of the distance education programs.
Compliance with ministry guidelines
(6) The Ministry of Education may establish policies and guidelines related to distance education programs and the Authority shall establish and operate the programs and develop its policy and guidelines in accordance with the policies and guidelines of the ministry.
Compliance with provision of certain Acts, regulations
(7) The distance education programs shall be operated in compliance with those provisions of the Education Act, the Education Quality and Accountability Office Act, 1996 and other Acts and the regulations made under those Acts as may be prescribed by regulation.
Transfer of records
(8) The Ministry of Education may transfer to the Authority records relating to distance education programs that contain personal information and that the Authority may require to administer the programs.
Agreement
(9) No records containing personal information shall be transferred under subsection (8) unless the Authority, the Minister of Training, Colleges and Universities and the Minister of Education have entered into an agreement respecting access to information and the protection of privacy of personal information.
Privacy of personal information
(10) An agreement made under subsection (9) shall provide a level of access to information and protection of privacy in respect of personal information equivalent to or higher than that provided for under similar programs offered by the Ministry of Education prior to the coming in force of this Act.
Regulations
(11) The Minister of Training, Colleges and Universities, with the approval of the Minister of Education, may make regulations,
(a) prescribing the duties and responsibilities of the Authority in relation to the operation of distance education programs;
(b) respecting distance education programs; and
(c) prescribing provisions of the Education Act, the Education Quality and Accountability Office Act, 1996 and other Acts and regulations made under those Acts which shall apply to the courses, students, Authority, instructors, teachers and administrators in the programs with such changes as may be set out in the regulations.
Commencement
4. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
5. The short title of this Act is the Centre for Excellence in Lifelong Learning Act, 2001.
EXPLANATORY NOTE
The purpose of the Bill is to enable the Ontario Educational Communications Authority to operate distance education programs. These programs would offer courses by correspondence or other means that do not require a student to physically attend at a school.