Bill 65, Post-secondary Education Student Opportunity Act, 2002

Cunningham, Hon. Dianne Minister of Training, Colleges and Universities

Versions

Bill 65 2002

An Act to enact,
amend or revise various Acts
related to post-secondary education
and opportunities

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Enactments

1. (1) The University of Ontario Institute of Technology Act, 2002, as set out in Schedule A, is hereby enacted.

Same

(2) The Ontario of Colleges of Applied Arts and Technology Act, 2002, as set out in Schedule B, is hereby enacted.

Same

(3) The Ontario College of Art & Design Act, 2002, as set out in Schedule C, is hereby enacted.

Same

(4) Schedules D and E are hereby enacted.

Commencement

2. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2) Each Schedule to this Act comes into force as provided in the commencement section at or near the end of the Schedule.

Short title

3. The short title of this Act is the Post-secondary Education Student Opportunity Act, 2002.

SCHEDULE A
UNIVERSITY OF ONTARIO INSTITUTE
OF TECHNOLOGY ACT, 2002

Definitions

1. In this Act,

"board" means the board of governors of the university; ("conseil")

"college" means the Durham College of Applied Arts and Technology; ("collège")

"teaching staff" includes professors, associate professors, assistant professors, lecturers, associates, instructors, tutors and all others engaged in the work of teaching or giving instruction or in research at the university; ("corps professoral")

"university" means the University of Ontario Institute of Technology as established by this Act. ("université")

University established

2. (1) A university to be known as the University of Ontario Institute of Technology in English and Institut universitaire de technologie de l'Ontario in French is hereby established.

Corporation without share capital

(2) The university is a corporation without share capital and shall consist of the members of its board.

Conflicts

(3) In the event of a conflict between a provision of this Act and a provision of the Corporations Act, the provision of this Act prevails.

Special mission

3. It is the special mission of the university to provide career-oriented university programs and to design and offer programs with a view to creating opportunities for college graduates to complete a university degree.

Objects

4. The objects of the university are,

(a) to provide undergraduate and postgraduate university programs with a primary focus on those programs that are innovative and responsive to the individual needs of students and to the market-driven needs of employers;

(b) to advance the highest quality of learning, teaching, research and professional practice;

(c) to contribute to the advancement of Ontario in the Canadian and global contexts with particular focus on the Durham region and Northumberland County; and

(d) to facilitate student transition between college-level programs and university-level programs.

Powers

5. The university has all the powers necessary and incidental to its objects.

Degrees, etc.

6. The university may confer degrees, honorary degrees, certificates and diplomas in any and all branches of learning.

Affiliation

7. The university may contract, affiliate or federate with other universities, colleges, research institutions and institutions of learning on such terms and for such periods of time as the board may determine.

Board of governors

8. (1) There shall be a board of governors of the university, consisting of not more than 25 members, as follows:

1. The president of the university, by virtue of office.

2. The chancellor of the university, by virtue of office.

3. Three members appointed by the Lieutenant Governor in Council.

4. At least 12 and not more than 16 members, as may be set out in the by-laws of the university, appointed by the board, at least six of whom shall be members of the board of governors of the college but who are not employees or students of the college.

5. Four members who are students or employees of the university and who are elected by the relevant constituencies of the university.

By-law respecting elections

(2) The board shall by by-law determine the manner and procedure for the election of members described in paragraph 5 of subsection (1) and eligibility requirements for election to the board.

Term

(3) Subject to subsection (4), the term of office for an elected or appointed member of the board shall be not more than three years, as determined by by-law.

Same

(4) The term of office for a member of the board who is a student of the university shall be one year.

Reappointment

(5) A member of the board is eligible for reappointment or re-election.

Limitation

(6) A person elected or appointed to the board under subsection (1) may not be a member of the board for more than six consecutive years, but is eligible for reappointment or re-election after one year's absence from the board.

Vacancies

(7) A vacancy on the board occurs if,

(a) a member resigns or ceases to be eligible for appointment or election to the board;

(b) a member is incapable of continuing to act as a member and the board by resolution declares the membership to be vacated; or

(c) the board by resolution declares a membership to be vacated for failure to attend sufficient meetings, as provided in the by-laws of the university.

Same

(8) If a vacancy on the board occurs before the term of office for which a member has been appointed or elected has expired, the vacancy shall be filled in a timely fashion, as provided in the by-laws, in the same manner and by the same body as the member whose membership is vacant was elected or appointed and the new member shall hold office for the remainder of the unexpired portion of the term of the member he or she is replacing.

Same

(9) A person elected or appointed to the board under subsection (8) may be reappointed or re-elected upon the expiry of the term that he or she was elected or appointed to complete, but is eligible for further reappointment or re-election only after one year's absence from the board.

Member on both boards

(10) Despite the requirements of paragraph 4 of subsection (1), if a person who is a member of both the board of the university and the board of governors of the college ceases to be a member of the board of the college, he or she may continue as a member of the board of the university, but is not eligible for reappointment to the board of the university in a position designated for a person who is a member of both boards.

Same

(11) A person who continues his or her membership on the board under subsection (10) shall be deemed to be a member of the board of governors of the college for purposes of calculating the six members referred to in paragraph 4 of subsection (1).

Quorum

(12) A quorum of the board consists of a majority of its members and that majority must include at least half of the members who are not students or employees of the university.

Chair, vice-chair

(13) The board shall elect annually a chair and at least one vice-chair from among its members who are not students or employees of the university and shall fill any vacancy in the office of chair or vice-chair from among such members.

Duties

(14) The chair shall preside over the meetings of the board and if the chair is unable to act or if the position is vacant, a vice-chair shall act in his or her place and, if both the chair and vice-chair are unable to act, the board may appoint a member who is not a student or employee of the university to act temporarily in their place.

Powers and duties of board

9. (1) The board is responsible for governing and managing the affairs of the university and has the necessary powers to do so, including the power,

(a) subject to section 3, to determine the mission, vision and values of the university;

(b) to establish academic, research, service and institutional policies and plans and to control the manner in which they are implemented;

(d) to appoint and remove the president;

(e) to appoint, promote, suspend and remove members of the teaching staff and of the administrative staff of the university;

(f) to establish faculties, schools, institutes and departments and to establish chairs and councils in any faculty, school, institute or department of the university;

(g) to govern standards for the admission of students to the university and for graduation;

(h) to govern matters arising in connection with the award of fellowships, scholarships, medals, prizes and other awards for academic achievement;

(i) to appoint committees and assign or delegate to them such duties and responsibilities as may be provided in the by-laws of the university, including authorizing them to act on behalf of the board in the matters specified in the by-laws;

(j) to approve the annual budget of the university and to monitor its implementation;

(k) to establish and collect fees and charges for tuition and other services that may be offered by the university or that may be approved by the board on behalf of any organization or group of the university;

(l) to regulate the conduct of students, staff and all persons who use the property of the university, including denying any person access to the property;

(m) to define, for the purposes of the by-laws, the following terms: student, staff, employee, manager, professor, associate professor, assistant professor, lecturer, associate, instructor and tutor;

(n) to conclusively determine which body within the university has jurisdiction over any matter;

(o) to determine the manner and procedure for electing members described in paragraph 5 of subsection 8 (1) to the board, including establishing constituencies and voting practices; and

(p) to make by-laws, resolutions and rules for the conduct of its affairs.

Limitation

(2) The board shall not appoint, promote, suspend or remove a member of the teaching staff or of the administrative staff except on the recommendation of the president who shall be governed by the terms of any applicable commitments and practices of the university.

Standard of conduct

(3) Every member of the board shall exercise the powers and carry out the duties of his or her office diligently, honestly, in good faith, in the best interests of the university and in accordance with any other criteria set out in the by-laws of the university.

Conflict of interest

(4) A member of the board or of a committee created by it who has a conflict of interest, as defined in the by-laws or conflict of interest policies of the university, as the case may be, in a matter in which the university is concerned shall declare his or her interest as soon as possible and no later than at the first meeting at which the matter is to be considered and, if required by the by-laws or policies, shall withdraw from the meeting during the discussion of the matter and shall not vote on the matter.

Exception, member of college board

(5) A member of the board does not have a conflict of interest by virtue only of the fact that he or she is also a member of the board of governors of the college and, despite subsection (4), any such member may take part in discussing and voting on issues before the board of either the university or the college concerning the university or the college unless the discussion and voting deals with the circumstances of the particular member as an isolated issue, separate and apart from general matters affecting the university or the college.

Exception, employee

(6) Despite subsection (4), a member of the board who is also an employee of the university may take part in discussing and voting on issues concerning general conditions of employment for university employees, unless the discussion and voting deals with the circumstances of the particular employee as an isolated issue, separate and apart from consideration of other employees.

Exception, student

(7) Despite subsection (4), a member of the board who is also a student may take part in discussing and voting on issues concerning students generally, unless such discussion and voting deals with the circumstances of the particular student as an isolated issue, separate and apart from consideration of other students.

Academic council

10. (1) There shall be an academic council of the university consisting of the president of the university and such voting and non-voting members as may be provided for in the by-laws of the university so long as a majority of the voting members are members of the teaching staff of the university.

Purpose

(2) The academic council shall make recommendations to the board with respect to the establishment of academic standards and curricular policies and procedures of the university and the regulation of such standards, policies and procedures and shall make recommendations on such other matters as may be referred to it by the board.

Chair

(3) The president shall preside over meetings of the academic council and, if the president is unable to act, the academic council may appoint one of its members to act temporarily in his or her place.

Quorum

(4) A quorum of the academic council consists of a majority of the voting members and that majority must include at least half of the members who are members of the teaching staff.

Duty to consult

(5) Before making a decision with respect to a matter referred to in clause 9 (1) (a), (b), (c), (f), (g) or (h), the board shall cause the president or a person designated by the president to consult with the council on the matter and the president shall report to the board on the consultation.

Chancellor

11. (1) There shall be a chancellor of the university appointed by the board in such manner as it shall determine.

Term of office

(2) The chancellor shall hold office for three years and until a successor is appointed.

Reappointment

(3) The chancellor may be reappointed.

Duties

(4) The chancellor is the titular head of the university and shall confer all degrees, honorary degrees, certificates and diplomas on behalf of the university.

President

12. (1) There shall be a president of the university appointed by the board in such manner and for such term as the board shall determine.

Powers and duties

(2) The president is the chief executive officer and vice-chancellor of the university and has supervision over and direction of the academic and general administration of the university, its students, managers, teaching staff and other employees, and such other powers and duties as may be conferred upon or assigned to him or her by the board.

Meetings

13. (1) Subject to subsection (2), meetings of the board and meetings of its permanent committees shall be open to the public and prior notice of such meetings shall be given to the members and to the public in the manner provided in the by-laws of the university.

Exclusion

(2) The board may meet in the absence of the public to discuss a matter of a personal nature concerning an individual or to discuss a confidential matter as determined in accordance with the by-laws of the university.

By-laws

14. (1) The by-laws of the university shall be open to examination by members of the public during normal business hours.

Publication

(2) The university shall publish its by-laws in such manner and at such time as it considers proper.

Property

15. (1) The university may purchase or otherwise acquire, take by gift, devise or bequest and hold such property as the board considers necessary for the objects of the university, and may mortgage, sell or otherwise dispose of the same as the board, in its absolute discretion, considers appropriate.

Exemption from taxation

(2) Land vested in the university and land and premises leased to and occupied by the university are exempt from provincial and municipal taxes and development charges, so long as the vested land or leased land and premises are actually used and occupied for the objects of the university.

Protection from expropriation

(3) Land vested in the university is not liable to be entered upon, used or taken by any person or corporation, and no power to expropriate land conferred after this Act comes into force shall extend to such land unless the statute conferring the power expressly provides otherwise.

Deemed vesting in Crown

(4) All property vested in the university shall be deemed to be vested in the Crown for the public uses of Ontario for the purposes of,

(a) the Limitations Act; or

(b) if section 26 of Bill 10 (An Act to revise the Limitations Act, introduced on April 25, 2001), as numbered in the first reading version of the Bill, comes into force, the Real Property Limitations Act.

Use of property

(5) The property and the revenue of the university shall be applied solely to achieving the objects of the university.

Non-application

(6) Section 8 of the Charities Accounting Act does not apply to the university.

Investments

(7) The funds of the university not immediately required for its purposes and the proceeds of all property that come into the hands of the board, subject to any trusts or conditions affecting them, may be invested and reinvested in such investments as the board, in its absolute discretion, considers appropriate and, except where a trust instrument otherwise directs, such funds may be combined with trust money belonging to various trusts in the care of the board into a common trust fund.

Borrowing

(8) The university, if authorized by its by-laws, may, on such terms and in such amounts as the board may approve,

(a) borrow money and give security on money borrowed; and

(b) issue or give bonds, debentures and obligations as security.

Audits and reports

16. (1) The board shall appoint one or more public accountants licensed under the Public Accountancy Act to audit the accounts, trust funds and transactions of the university at least once a year.

Financial report

(2) The university shall make a financial report annually to the Minister of Training, Colleges and Universities in such form and containing such information as the Minister may require.

Other reports

(3) The university shall submit to the Minister of Training, Colleges and Universities all other reports as the Minister may require.

Sharing of facilities and services

17. (1) The university and the college shall enter into an agreement for the sharing of their real and personal property and for the sharing of their administrative staff and services.

Same

(2) If the university and the college fail to enter into an agreement as provided in subsection (1), the Minister of Training, Colleges and Universities may by order provide for the sharing of real and personal property and for the sharing of administrative staff and services by the university and the college.

First board: appointments by college board

18. (1) The board of governors of the college shall appoint the first members of the board described in paragraph 4 of subsection 8 (1) who shall in turn appoint the first members of the board described in paragraph 5 of subsection 8 (1).

Same

(2) Despite subsection (1), no student or employee shall be appointed to the board until the university has at least 25 students and 10 employees.

Rotating membership

(3) The term of office of the members of the first board appointed after the coming into force of this Act shall be one year, two years or three years, as determined by the board of governors of the college.

Commencement

19. (1) Subject to subsection (2), the Act set out in this Schedule comes into force on the day the Post-secondary Education Student Opportunity Act, 2002 receives Royal Assent.

Same

(2) Section 6 comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

20. The short title of the Act set out in this Schedule is the University of Ontario Institute of Technology Act, 2002.

SCHEDULE B
ONTARIO COLLEGES OF APPLIED ARTS
AND TECHNOLOGY ACT, 2002

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;

(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 issue 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

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;

(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" in the portion before clause (a) and substituting "Ontario Colleges of Applied Arts and Technology Act, 2002".

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, 2002; ("Conseil")

Commencement

13. The Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

14. The short title of the Act set out in this Schedule is the Ontario Colleges of Applied Arts and Technology Act, 2002.

SCHEDULE C
ONTARIO COLLEGE OF
ART & DESIGN ACT, 2002

Definitions

1. In this Act,

"board" means the board of governors of the College; ("conseil")

"College" means the Ontario College of Art & Design. ("École")

Continuation of corporation

2. (1) The Ontario College of Art is continued as a corporation without share capital under the name Ontario College of Art & Design in English and École d'art et de design de l'Ontario in French and shall consist of the members of its board.

Conflicts

(2) In the event of a conflict between a provision of this Act and a provision of the Corporations Act, the provision of this Act prevails.

Objects

3. The objects of the College are to provide the opportunity and environment for advanced, studio-based education in art and design at the undergraduate and graduate levels and to support teaching, research and professional practice in these fields.

Powers

4. (1) The College has all the powers necessary and incidental to its objects.

Degrees, diplomas

(2) The College may grant,

(a) the diploma of Associate of the Ontario College of Art & Design;

(b) the baccalaureate degrees of Bachelor of Fine Arts and Bachelor of Design; and

Certificates, honorary degrees

(3) The College may grant certificates and confer any or all honorary degrees, consistent with its objects.

Affiliation

(4) The College may affiliate or federate with other universities, colleges and institutions of learning, on such terms and for such periods of time as the board may determine.

Board of governors

5. (1) There shall be a board of the College, consisting of,

(a) the president of the College, by virtue of office;

(b) six members, appointed by the Lieutenant Governor in Council, who are neither students nor employees of the College; and

(c) such other members as may be set out in the by-laws of the College so long as at least a majority of the members of the board are persons who are neither students nor employees of the College.

By-law respecting elections

(2) The board shall by by-law determine the manner and procedure for the election of members described in clause (1) (c) and eligibility requirements for election to the board.

Term

(3) The term of office for each member of the board, other than the president, shall be not more than three years, as determined by by-law, and each member is eligible for reappointment or re-election.

Limitation

(4) A person may not be a member of the board for more than six consecutive years, but is eligible for reappointment or re-election after one year's absence from the board.

Vacancies

(5) A vacancy on the board occurs if,

(a) a member resigns or ceases to be eligible for appointment or election to the board;

(b) a member is incapable of continuing to act as a member and the board by resolution declares the membership to be vacated;

(c) the board by resolution declares a membership to be vacated for failure to attend sufficient meetings, as provided in the by-laws of the College; or

(d) a majority of the persons entitled under the by-laws of the College to vote for the election of a member vote or sign a petition in favour of removing the member from office.

Same

(6) If a vacancy on the board occurs before the term of office for which a member has been appointed or elected has expired, the vacancy shall be filled in a timely fashion, as provided in the by-laws, in the same manner and by the same body as the member whose membership is vacant was appointed or elected and the new member shall hold office for the remainder of the unexpired portion of the term of the member he or she is replacing.

Quorum

(7) A quorum of the board consists of a majority of its members and that majority must include,

(a) at least half of the members who are students or employees of the College; and

(b) at least half of the members who are not students or employees of the College.

Chair, vice-chair

(8) The board shall annually elect a chair and vice-chair from among its members who are not students or employees of the College and shall fill any vacancy in the office of chair or vice-chair from among such members.

Duties

(9) The chair shall preside over the meetings of the board and, if the chair is unable to act or if the position is vacant, the vice-chair shall act in his or her place and, if both the chair and vice-chair are unable to act, the board may appoint a member who is not a student or employee of the College to act temporarily in their place.

Powers and duties of board

6. (1) The board is responsible for governing and managing the affairs of the College and has the necessary powers to do so, including the power,

(a) to establish academic policies and control the manner in which they are implemented;

(b) to appoint and remove the president;

(c) to appoint committees and assign or delegate to them such duties and responsibilities as may be provided in the by-laws of the College, including authorizing them to act on behalf of the board in the matters specified in the by-law;

(d) to establish advisory bodies;

(e) to establish administrative and operational policies and procedures, including organizational structures, staffing requirements, qualifications and duties of staff and conditions of employment;

(f) to establish and collect fees and charges for tuition and other services that may be offered by the College or that may be approved by the board on behalf of any organization or group of the College;

(g) to regulate the conduct of students, staff and all persons who use the property of the College, including denying any person access to the property;

(h) to define, for the purposes of this Act and the by-laws, the following terms: student, staff, employee, manager, teaching faculty and academic staff;

(i) to conclusively determine which body within the College has jurisdiction over any matter;

(j) to consider, co-ordinate and implement long-range administrative and operational plans, including the physical development of the College;

(k) to determine the manner and procedure for electing members described in clause 5 (1) (c) to the board, including establishing constituencies and voting practices; and

(l) to make by-laws, resolutions and rules for the conduct of its affairs.

Standard of conduct

(2) Every member of the board shall exercise the powers and carry out the duties of his or her office diligently, honestly, in good faith, in the best interests of the College and in accordance with any other criteria set out in the by-laws of the College.

Conflict of interest

(3) A member of the board or of a committee created by it who has a conflict of interest, as defined in the by-laws or conflict of interest guidelines of the College, as the case may be, in a matter in which the College is concerned shall declare his or her interest as soon as possible and no later than at the first meeting at which the matter is to be considered and, if required by the by-laws or guidelines, shall withdraw from the meeting during the discussion of the matter and shall not vote on the matter.

Exception, employee

(4) Despite subsection (3), a member of the board who is also an employee of the College may take part in discussing and voting on issues concerning general conditions of employment for College employees, unless the discussion and voting deals with the circumstances of the particular employee as an isolated issue, separate and apart from consideration of other employees.

Exception, student

(5) Despite subsection (3), a member of the board who is also a student may take part in discussing and voting on issues concerning students generally, unless such discussion and voting deals with the circumstances of the particular student as an isolated issue, separate and apart from consideration of other students.

Academic council

7. (1) There shall be an academic council of the College consisting of such voting and non-voting members as may be provided for in the by-laws of the College so long as a majority of the voting members are members of the teaching faculty of the College.

Changes

(2) Changes in the composition of the academic council may be made by the board on the recommendation of the academic council, as provided in the by-laws of the College, except no change may be made which would reduce the number of teaching faculty members on the academic council to less than a majority of the voting members of the academic council.

Quorum

(3) A quorum of the academic council consists of a majority of the voting members and that majority must include at least half of the members who are members of the teaching faculty.

Duties

(4) The academic council shall make recommendations to the board with respect to the establishment of academic standards and curricular policies and procedures of the College and the regulation of such standards, policies and procedures, including,

(a) academic organizational structures and programs of study within the College;

(b) the qualifications, appointment, duties, responsibilities, promotion, status, granting of leaves and termination of teaching faculty and academic staff;

(d) student admission standards, the requirements for graduation and the granting of degrees, honorary degrees, diplomas and certificates;

(e) the allocation or use of College resources for academic purposes;

(f) consideration and co-ordination of long-range academic and curricular planning; and

(g) such other matters relating to academic issues as may be assigned to it by the College.

Action of the board

(5) The board shall approve each such recommendation, refer the matter back to the academic council for further consideration or reject the recommendation if the board believes that it would impair the financial stability of the College or because it is inconsistent with the objects of the College.

President

8. (1) There shall be a president of the College appointed by the board in such manner and for such term as the board shall determine.

Powers and duties

(2) The president is the chief executive officer of the College and has supervision over and direction of the academic and general administration of the College, its students, managers, teaching faculty and academic staff and other employees, and such other powers and duties as may be conferred upon or assigned to him or her by the board.

Vice-president

(3) The board may, on the recommendation of the president, appoint one or more vice-presidents and other managers who shall have such powers and duties as may be conferred on them by the board.

Meetings

9. (1) Subject to subsection (2), meetings of the board and meetings of its permanent committees shall be open to the public and prior notice of such meetings shall be given to the members and to the public in the manner provided in the by-laws of the College.

Exclusion

(2) The board may exclude any person from part of a meeting during which a confidential matter or a matter of a personal nature concerning an individual is being considered.

By-laws

10. (1) The by-laws of the College shall be open to examination by members of the public during normal business hours.

Publication

(2) The College shall publish its by-laws in such manner and at such time as it considers proper.

Property

11. (1) The College may purchase or otherwise acquire, take by gift, devise or bequest and hold such property as the board considers necessary for the objects of the College, and may mortgage, sell or otherwise dispose of the same as the board, in its absolute discretion, considers appropriate.

Vesting

(2) All property granted, conveyed, devised or bequeathed to the Ontario College of Art or to the Council of the Ontario College of Art, before or after this Act comes into force, and all property held in trust by the Ontario College of Art or by the Council of the Ontario College of Art, before or after this Act comes into force, is vested in the College, subject to any trusts or conditions affecting the property.

Exemption from taxation

(3) Land vested in the College and land and premises leased to and occupied by the College are exempt from provincial and municipal taxes and development charges, so long as the vested land or leased land and premises are actually used and occupied for the objects of the College.

Protection from expropriation

(4) Land vested in the College is not liable to be entered upon, used or taken by any person or corporation, and no power to expropriate land conferred after this Act comes into force shall extend to such land unless the statute conferring the power expressly provides otherwise.

Deemed vesting in Crown

(5) All property vested in the College shall be deemed to be vested in the Crown for the public uses of Ontario for the purposes of,

(a) the Limitations Act; or

Use of property

(6) The property and the revenue of the College shall be applied solely to achieving the objects of the College.

Non-application

(7) Section 8 of the Charities Accounting Act does not apply to the College.

Investments

(8) The funds of the College not immediately required for its purposes and the proceeds of all property that come into the hands of the board, subject to any trusts or conditions affecting them, may be invested and reinvested in such investments as the board, in its absolute discretion, considers appropriate and, except where a trust instrument otherwise directs, such funds may be combined with trust monies belonging to various trusts in the care of the board into a common trust fund.

Borrowing

(9) The College, if authorized by its by-laws, may, on such terms and in such amounts as the board may approve,

(a) borrow money and give security on money borrowed; and

(b) issue or give bonds, debentures and obligations as security.

Audits and reports

12. (1) The board shall appoint one or more public accountants licensed under the Public Accountancy Act to audit the accounts, trust funds and transactions of the College at least once a year.

Financial report

(2) The College shall make a financial report annually to the Minister of Training, Colleges and Universities in such form and containing such information as the Minister may require.

Other reports

(3) The College shall submit to the Minister of Training, Colleges and Universities all other reports as the Minister may require.

Transition

13. (1) The College shall grant to all its students and former students full recognition for all credits and marks awarded by the Ontario College of Art before the coming into force of this Act.

Continuation

(2) The Council of the Ontario College of Art, as it exists immediately before the coming into force of this Act, is continued as the board of governors of the College for the purpose of,

(a) appointing and conducting the election of members of the board as provided in this Act; and

(b) carrying out all the functions of the board as provided in this Act until the board is constituted under this Act.

Rotating membership

(3) The term of office of the members of the first board appointed or elected after the coming into force of this Act shall be one year, two years or three years, as determined by the board continued under subsection (2).

By-laws, etc., continued

(4) The by-laws, resolutions, orders and rules made by the Ontario College of Art shall, insofar as they are not inconsistent with this Act and are capable of being applied, implemented or complied with by the College, shall remain in force until remade, amended or repealed under this Act.

Repeal

14. The Ontario College of Art Act, 1968-69 is repealed.

Commencement

15. The Act set out in this Schedule comes into force on the day the Post-secondary Education Student Opportunity Act, 2002 receives Royal Assent.

Short title

16. The short title of the Act set out in this Schedule is the Ontario College of Art & Design Act, 2002.

SCHEDULE D
AMENDMENTS TO THE ONTARIO EDUCATIONAL COMMUNICATIONS AUTHORITY ACT

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:

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;

(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 Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE E
OTHER AMENDMENTS

Capital Investment Plan Act, 1993

1. (1) The definition of "public body" in subsection 29 (1) of the Capital Investment Plan Act, 1993 is amended by striking out "Ryerson Polytechnical Institute".

(2) The definition of "public body" in subsection 29 (1) of the Act is amended by striking out "Ontario College of Art" and substituting "Ontario College of Art & Design".

(3) Subsection 29 (2) of the Act is repealed.

(4) Subsection 33 (2) of the Act is amended by striking out "or Ryerson Polytechnical Institute" and by striking out "Ryerson Polytechnical Institute".

(5) Subsection 33 (2) of the Act is amended by striking out "Ontario College of Art" and substituting "Ontario College of Art & Design".

Corporations Tax Act

2. Clause (c) of the definition of "eligible educational institution" in subsection 13.5 (1) of the Corporations Tax Act, as enacted by the Statutes of Ontario, 2000, chapter 42, section 12, is amended by striking out "Art and Design" and substituting "Art & Design".

GO Transit Act, 2001

3. (1) The definition of "public body" in subsection 21 (3) of the GO Transit Act, 2001 is amended by striking out "Ryerson Polytechnic University".

(2) The definition of "public body" in subsection 21 (3) of the Act is amended by striking out "Ontario College of Art" and substituting "Ontario College of Art & Design".

Private Vocational
Schools Act

4. (1) The title of the Private Vocational Schools Act is repealed and the following substituted:

Private Career Colleges Act

(2) The definition of "Minister" in section 1 of the Act is repealed and the following substituted:

(3) The definition of "private vocational school" in section 1 of the Act is repealed and the following substituted:

"private career college" means a school or place at which instruction in the skill and knowledge requisite for employment in any vocation is offered or provided by classroom instruction or by correspondence, other than a college of applied arts and technology or a university established under any Act, a university for which a consent has been given by the Minister of Training, Colleges and Universities under section 4 of the Post-secondary Education Choice and Excellence Act, 2000 or a school or course of instruction maintained under any other Act of the Legislature; ("collège privé d'enseignement professionnel")

(4) The Act is amended by striking out "private vocational school" and "private vocational schools" wherever they appear in the following provisions and substituting in each case "private career college" and "private career colleges", respectively:

1. The definition of "Superintendent" in section 1.

2. Subsection 2 (1), as amended by the Statutes of Ontario, 2000, chapter 26, Schedule N, section 2.

3. Subsection 4 (1).

4. The portion of subsection 5 (1) before clause (a), clauses 5 (1) (a) and (b), subclauses 5 (1) (c) (i) and (ii) and clause 5 (1) (d).

5. Sections 9 and 12.

6. The three places it appears in subsection 13 (1).

7. Section 14.

8. The two places it appears in section 15.

9. The three places it appears in subsection 17 (5).

10. Clauses 19 (1) (b), (e), (g), (h), (j), (k) and (n), the two places it appears in clause 19 (1) (o) and clauses 19 (1) (p), (q), (r) and (t).

(5) Subsection 19 (1) of the Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule G, section 32, is amended by adding the following clause:

(f) prescribing forms of security or other methods of protecting the financial interest of students other than those authorized under clause (e) and prescribing requirements relating to them, including the means of realizing the security or enforcing the other methods of protection if the requirements are not met;

The Ryerson Polytechnic
University Act, 1977

5. (1) The title of The Ryerson Polytechnic University Act, 1977, being chapter 47, is repealed and the following substituted:

Ryerson University Act, 1977

(2) The Act is amended by striking out "Polytechnic" in clauses 1 (1) (a), (d), (e), (g) and (j.1) and in the portion of subsection 4 (1) before clause (a).

(3) Clause 1 (1) (c) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 1, section 3, is amended by striking out "or Ryerson Polytechnic University" and substituting "Ryerson Polytechnic University or Ryerson University".

(4) Subsection 2 (1) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 1, section 4, is repealed and the following substituted:

University

(1) Ryerson Polytechnic University and The Board of Governors of Ryerson Polytechnic University are continued under the name Ryerson University.

(5) Section 10 of the Act, as amended by the Statutes of Ontario, 1993, chapter 1, section 11, is amended by striking out "Institute" in the portion before clause (a) and in two places in clause (d) and substituting in each case "University".

Tobacco Control
Act, 1994

6. Paragraph 4 of subsection 9 (1) of the Tobacco Control Act, 1994 is repealed and the following substituted:

4. A private career college as defined in the Private Career Colleges Act.

University Foundations Act, 1992

7. (1) The Schedule to the University Foundations Act, 1992, as amended by the Statutes of Ontario, 1993, chapter 1, section 21, is amended by striking out "Ryerson Polytechnic University" and substituting "Ryerson University".

(2) The Schedule to the Act, as amended by the Statutes of Ontario, 1993, chapter 1, section 21, is amended by striking out "Ontario College of Art" and substituting "Ontario College of Art & Design".

Workplace Safety and Insurance
Act, 1997

8. Clause (a) of the definition of "training agency" in subsection 69 (1) of the Workplace Safety and Insurance Act, 1997 is amended by striking out "Private Vocational Schools Act" and substituting "Private Career Colleges Act".

Commencement

9. This Schedule comes into force on the day the Post-secondary Education Student Opportunity Act, 2002 receives Royal Assent.

EXPLANATORY NOTE

Schedule A of the Bill contains a new Act entitled the University of Ontario Institute of Technology Act, 2002. The purpose of that Act is to establish the University of Ontario Institute of Technology whose objects are set out in section 4 of Schedule A.

Schedule B of the Bill contains a new Act entitled the Ontario Colleges of Applied Arts and Technology Act, 2002. The purpose of that Act 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 college is a Crown agent.

Schedule C of the Bill would revise The Ontario College of Art Act, 1968-69 to, among other things, give the College the authority to grant degrees, change the name of the Ontario College of Art to the Ontario College of Art & Design, make changes in the composition of its board and make other administrative changes.

The purpose of the amendments to the Ontario Educational Communications Authority Act, as set out in Schedule D of the Bill, is to enable the Ontario Educational Communications Authority to operate distance education programs with the authority to grant credits and award diplomas and certificates.

Schedule E changes the name of the Private Vocational Schools Act to the Private Career Colleges Act and the name of Ryerson Polytechnic University to Ryerson University. Other amendments set out in this Schedule are related or consequential to the other changes made under this Act.