[38] Bill 12 Original (PDF)
Bill 12 2005
An Act to implement
a ban on hiking
post-secondary tuition fees
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Interpretation
1. In this Act,
"non-regulated fee program" means a program of instruction that, directly or indirectly, is not eligible for funding through the post-secondary tuition grant; ("programme à droits non réglementés")
"partially regulated fee program" means a program of instruction eligible for funding through the post-secondary tuition grant for which post-secondary institutions have the discretion to recover additional program costs by establishing tuition fees that exceed those permitted for a regulated fee program; ("programme à droits partiellement réglementés")
"post-secondary institution" means a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002 and a university that receives regular and ongoing operating funding from the province for purposes of post-secondary education; ("établissement d'enseignement postsecondaire")
"post-secondary tuition grant" means the portion of the annual provincial operating grant for post-secondary institutions that is distributed among those institutions on the basis of each institution's share of reported enrolment in programs of instruction eligible for funding; ("bourse de scolarité postsecondaire")
"regulated fee program" means a program of instruction that is eligible for funding through the post-secondary tuition grant and for which the province has, directly or indirectly, set a maximum tuition fee that a post-secondary institution may establish in respect of that program. ("programme à droits réglementés")
Colleges
2. (1) This section applies to colleges of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002.
Tuition freeze for regulated and partially regulated fee programs
(2) No college shall establish a tuition fee in respect of a regulated fee program or a partially regulated fee program that exceeds the maximum tuition fee it would be permitted to establish in respect of that program for the 2005-2006 academic year in accordance with the requirements set out in the binding directive entitled "Tuition and Ancillary Fees" that was issued under the Ontario Colleges of Applied Arts and Technology Act, 2002 by the Minister of Training, Colleges and Universities on April 1, 2003 and revised on September 1, 2004.
No tuition freeze for non-regulated fee programs
(3) For greater certainty, the tuition freeze required by subsection (2) does not apply in respect of a program that was a non-regulated fee program in the 2005-2006 academic year.
Universities
3. (1) This section applies to universities that receive regular and ongoing operating funding from the province for the purposes of post-secondary education.
Tuition freeze for regulated and partially regulated fee programs
(2) No university shall, in respect of a regulated fee program or a partially regulated fee program, establish a tuition fee that exceeds,
(a) the maximum tuition fee for which the province, directly or indirect, set in respect of that program for the 2005-2006 academic year; or
(b) if the province did not, directly or indirectly, set a maximum tuition fee that a university could establish in respect of that program for the 2005-2006 academic year, the maximum tuition fee the university established for the program in that year.
No tuition freeze for non-regulated fee programs
(3) For greater certainty, the tuition freeze required by subsection (2) does not apply in respect of a program that was a non-regulated fee program in the 2005-2006 academic year.
Conflict
4. This Act applies despite any general or special Act and, in the event of a conflict between this Act and another Act or a regulation made under another Act, this Act prevails.
Repeal
5. (1) This Act is repealed on the day the 38th Legislature is dissolved.
Continued application
(2) Despite the repeal of this Act under subsection (1), the tuition freeze requirements set out in subsections 2 (2) and 3 (2) continue to apply in respect of the academic year during which this Act is repealed.
Commencement
6. This Act comes into force on the day it receives Royal Assent.
Short title
7. The short title of this Act is the No Tuition Hikes Act, 2005.
EXPLANATORY NOTE
The Bill enacts the No Tuition Hikes Act, 2005 which prohibits colleges and universities from establishing tuition fees at levels that exceed the maximum levels that were established in the 2005-2006 academic year. The tuition freeze applies in respect of programs of instruction that receive funding through the annual provincial operating grant for post-secondary education.
The Act is repealed on the day the 38th Legislature is dissolved.