[39] Bill 43 Royal Assent (PDF)
Bill 43 2010
An Act to amend the Post-secondary Education Choice and Excellence Act, 2000, the Private Career Colleges Act, 2005 and the Ontario College of Art & Design Act, 2002
Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Post-secondary Education Choice and Excellence Act, 2000
1. The Post-secondary Education Choice and Excellence Act, 2000 is amended by adding the following heading before section 1:
Interpretation and Application
2. (1) Section 1 of the Act is amended by adding the following definitions:
"degree" means a degree as described in subsection (2); ("grade")
"distance education" means a formal educational process in which all or the majority of the instruction occurs when the learner and instructor are not physically located in the same place at the same time; ("enseignement à distance")
"educational institution" means any person that offers education or professional courses or programs and includes a person whose objects or primary activity are not related to the provision of educational programs, but does not include a person that is prescribed as excluded; ("établissement d'enseignement")
(2) Section 1 of the Act is amended by adding the following subsections:
Interpretation, degree
(2) For the purposes of this Act, a degree means one or both of the following:
1. A document of academic achievement granted or conferred by an educational institution that includes terms or nomenclature or any derivation of them that, regardless of the specific academic or professional discipline in which it is awarded, would be reasonably understood as an undergraduate or graduate degree, including, but not limited to, a document including the terms bachelor, bachelor's, baccalaureate, master, master's, doctor, doctoral, doctorate, B.A., B.Comm., B.Sc., B.Ed. M.A., M.B.A., M.Sc., Med.D. or Ph.D.
2. A diploma, certificate, document or other thing that implies or would be reasonably understood as the granting or conferring of a degree, including, without limiting the foregoing, a diploma, certificate, document or other thing that includes a reference to bachelor, bachelor's, baccalaureate, master, master's, doctor, doctoral or doctorate.
Same, diploma, etc.
(3) For greater certainty, a diploma, certificate, document or other thing referred to in paragraph 2 of subsection (2) does not include a certificate, licence, registration or other form of official recognition that attests to the person being qualified to practise a trade or occupation issued or granted by,
(a) a regulatory authority, body or entity that is authorized under an Act of a Canadian province or territory to issue or grant such form of official recognition; or
(b) an occupational accrediting, certifying or licensing body that is prescribed or meets prescribed criteria, if any.
Same, program of post-secondary study leading to a degree
(4) For the purposes of this Act, providing all or part of a program of post-secondary study leading to a degree includes providing or facilitating one or more of the following on an ongoing, regular or frequent basis, whether directly or through an agent or contractor:
1. Lectures, tutorials, seminars, or academic assessments.
2. Academic advisory or counselling services, or admission of students to all or part of a degree program.
3. Collecting tuition or other fees relating to admission to all or part of a degree program.
4. Classroom space or library facilities.
3. The Act is amended by adding the following section:
Application
1.1 (1) This Act applies to persons,
(a) who have physical presence in Ontario; or
(b) who provide distance education to Ontario residents and it is not reasonably evident to Ontario residents that the programs are offered by a person or entity in a jurisdiction outside Ontario.
Physical presence
(2) For the purposes of clause (1) (a), evidence of physical presence in Ontario includes one or more of the following:
1. A head office.
2. A postal address or a telephone or fax number in Ontario.
3. The occupancy of real property in Ontario for the purposes of providing educational programs.
4. The occupancy of real property in Ontario for the purposes of granting degrees.
5. The employment of or contracting with,
i. an agent, manager or other person in Ontario who provides or arranges the provision of educational programs in Ontario, or
ii. an employee, contractor or other person who provides educational programs or grants degrees in Ontario.
6. Such other elements of physical presence as may be prescribed.
4. The Act is amended by adding the following heading before section 2:
Authority to Grant Degrees
5. Paragraph 3 of subsection 2 (1) of the Act is repealed and the following substituted:
3. Advertise,
i. a program or part of a program of post-secondary study offered in Ontario leading to a degree to be conferred by a person in or outside Ontario, or
ii. a distance education program or part of a distance education program of post-secondary study leading to a degree to be conferred by a person outside of Ontario where the advertising is done in a manner such that it is not reasonably evident to Ontario residents that the program is offered by a provider in a jurisdiction outside Ontario who is not authorized to provide the program or grant a degree related to the program in Ontario.
6. (1) Subsection 5 (2) of the Act is repealed and the following substituted:
Referral to Board or other prescribed body
(2) Subject to subsection (2.1), the Minister shall,
(a) refer applications for a consent or renewal of a consent to the Post-secondary Education Quality Assessment Board or another accrediting or quality assurance body or authority, in accordance with the regulations, if any; or
(b) refer elements of an application for a consent or renewal of a consent to the Post-secondary Education Quality Assessment Board and elements to another accrediting or quality assurance body or authority, in accordance with the regulations, if any.
Rejection of application
(2.1) The Minister may, in the prescribed circumstances or in accordance with the prescribed criteria, reject an application for consent or renewal of consent without making a referral with respect to the application.
(2) Subsection 5 (3) of the Act is repealed and the following substituted:
Recommendation
(3) Subject to subsection (2.1), the Minister shall not grant or reject an application unless he or she has received a recommendation,
(a) from the Board or the accrediting or quality assurance body or authority; or
(b) in the case of a referral under clause (2) (b), from both the Board and the accrediting or quality assurance body or authority.
Deemed referral and recommendation
(3.1) The Minister may, in the prescribed circumstances or in accordance with the prescribed criteria,
(a) deem that a prior quality assurance review of a program that is the subject of an application for consent or renewal of consent is a referral to an accrediting or quality assurance body or authority under clause (2) (a); and
(b) deem the approval by the body or authority to be a recommendation under subsection (3), but only in respect of the review undertaken by the body or authority.
Criteria in granting or rejecting application
(3.2) In deciding whether to grant or reject an application on which he or she has received a recommendation, the Minister, in addition to considering the recommendation, may also consider such other matters as he or she considers appropriate, including the circumstances or the criteria that are prescribed in accordance with subsection (2.1).
7. The Act is amended by adding the following heading before section 7:
Post-secondary Education Quality Assessment Board
8. The Act is amended by adding the following heading before section 9:
Inspections and Minister's Orders
9. (1) Subsection 9 (2) of the Act is repealed.
(2) Subsections 9 (3), (4), (5), (6), (7), (8) and (9) of the Act are repealed and the following substituted:
Powers
(3) An inspector may, without a warrant, do any of the following things in the course of conducting an inspection:
1. Enter and inspect any premises used in connection with a person's business or activities.
2. Photograph the premises.
3. Inspect documents or other things that may be relevant to the inspection.
4. Require a person to answer questions about anything that may be relevant to the inspection.
5. Require a person to produce a document, record or other thing and provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce information.
6. In order to produce information, use any data storage, processing or retrieval device or system that is used in connection with the person's business or activities.
7. Remove for examination and copying anything that may be relevant to the inspection, including removing any data storage, processing or retrieval device or system in order to produce information.
Entry into dwelling
(4) An inspector shall not enter any part of a premises that is used as a dwelling without a warrant unless the occupant consents to the entry.
Time of entry
(5) The power to enter and inspect premises without a warrant may be exercised only during the regular business hours of the premises or during daylight hours if there are no regular business hours.
Duty to assist
(6) If an inspector requires a person to answer questions, to produce a document, record or other thing or to provide assistance, the person shall do so in the manner and within the period specified by the inspector.
Receipt for things removed
(7) An inspector shall give a receipt for anything that he or she removes for examination or copying and the inspector shall promptly return the thing to the person who produced it.
Identification
(8) Upon request, an inspector shall produce evidence of his or her designation.
10. The Act is amended by adding the following sections:
Administrative Penalties
Designation of official
10.1 The Minister may designate in writing a Ministry official to perform the powers under subsections 10.2 (1) to (5) and sections 10.3 to 10.6.
Notice of contravention
10.2 (1) If a person designated under section 10.1 believes that a person has contravened a prescribed provision of this Act or the regulations, the designate may, in accordance with the regulations, issue a notice of contravention to the person setting out his or her belief and requiring the person to pay the administrative penalty prescribed for the contravention in question.
Purpose of administrative penalty
(2) The following are the purposes for which a person may be required to pay an administrative penalty under this section:
1. To encourage compliance with this Act and the regulations.
2. To encourage compliance with an order made under section 10.9.
3. To prevent a person from deriving, directly or indirectly, any economic benefit as a result of a contravention of this Act or the regulations.
Amount of administrative penalty
(3) The amount of an administrative penalty prescribed for a contravention shall reflect the purposes referred to in subsection (2).
One-year limitation
(4) A notice of contravention shall not be issued under this section more than one year after the contravention first came to the knowledge of the designate.
Content of notice of contravention
(5) The notice of contravention shall,
(a) contain or be accompanied by information setting out the nature of the contravention;
(b) set out the amount of the penalty to be paid and specify the time and manner of the payment; and
(c) inform the person of his or her right to request a review of the notice by the Minister or his or her designate.
Right to review
(6) A person who receives a notice of contravention may require the Minister to review the notice of contravention by applying to the Minister for a review in a form approved by the Minister,
(a) within 15 days after receipt of the notice of contravention; or
(b) if the Minister considers it appropriate in the circumstances to extend the time for applying, within the period specified by the Minister.
If no review requested
(7) If a person who has received a notice of contravention does not apply for a review under subsection (6), the person shall pay the penalty within 30 days after the day the notice of contravention was served.
If review requested
(8) If a person who has received a notice of contravention applies for a review under subsection (6), the Minister shall conduct the review in accordance with the regulations.
Minister's decision
(9) Upon a review, the Minister may,
(a) find that the person did not contravene the provision of this Act or the regulations specified in the notice of contravention and rescind the notice;
(b) find that the person did contravene the provision of this Act or the regulations specified in the notice of contravention and affirm the notice; or
(c) find that the person did contravene the provision but that the prescribed penalty is excessive in the circumstances and amend the notice by reducing the amount of the penalty.
Decision final
(10) A decision by the Minister is final.
Payment after review
(11) If the Minister finds that a person has contravened the provision of this Act or the regulations specified in the notice of contravention, the person shall pay the penalty required by the Minister within 30 days after the day of the Minister's decision.
Payment to Minister of Finance
(12) A person who is required to pay a penalty under this section shall pay the penalty to the Minister of Finance.
Enforcement of administrative penalty
10.3 (1) If a person who is required to pay an administrative penalty under section 10.2 fails to pay the penalty within the time required under subsection 10.2 (7) or (11), the notice of contravention or the Minister's decision, as the case may be, may be filed with a local registrar of the Superior Court of Justice and may be enforced as if it were an order of the court.
Same
(2) Section 129 of the Courts of Justice Act applies in respect of a notice of contravention or decision filed with the Superior Court of Justice under subsection (1) and, for the purpose, the date on which the notice of contravention or decision is filed under subsection (1) shall be deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act.
Crown debt
10.4 An administrative penalty imposed under section 10.2 that is not paid within the time required under that section is a debt due to the Crown and enforceable as such.
Minister may authorize collector
10.5 (1) The Minister may authorize any person to act as a collector for the purposes of this section and sections 10.6 and 10.7 and to exercise the powers that the Minister specifies in the authorization to collect administrative penalties owing under this Act.
Costs of collection
(2) Despite clause 22 (a) of the Collection Agencies Act, the Minister may also authorize a collector to collect a reasonable fee or reasonable disbursements or both from each person from whom the collector seeks to collect administrative penalties owing under this Act.
Same
(3) The Minister may impose conditions on an authorization under subsection (2) and may determine what constitutes a reasonable fee or reasonable disbursements for the purposes of that subsection.
Exception re disbursements
(4) The Minister shall not authorize a collector who is required to be registered under the Collection Agencies Act to collect disbursements.
Collector's powers
10.6 (1) A collector may exercise any of the powers specified in an authorization of the Minister under section 10.5.
Fees and disbursements part of order
(2) If a collector is seeking to collect an administrative penalty owing under a notice of contravention, any fees and disbursements authorized under subsection 10.5 (2) are deemed to be owing under and are deemed to be added to the amount of the penalty set out in the notice of contravention.
Distribution of money collected
(3) A collector shall pay the amount collected under this section with respect to the penalty to the Minister of Finance and may retain the amount collected with respect to the collector's fees and disbursements.
Settlement by collector
10.7 (1) A collector may agree to a settlement with the person from whom he or she seeks to collect money, but only with the written agreement of the Minister.
Payment
(2) The person who owes money under a settlement shall pay the amount agreed upon to the collector, who shall pay it out in accordance with subsection 10.6 (3).
Other means not a bar
10.8 The Minister or a person designated by the Minister may issue a notice of contravention to a person under subsection 10.2 (1) even though an order has been made or may be made against the person under section 10.9 or 10.10 or the person has been or may be prosecuted for or convicted of an offence with respect to the same contravention.
Restraining and Compliance Orders
Minister's orders
10.9 (1) If the Minister believes that a person has contravened this Act or the regulations, the Minister may order the person to restrain from contravening this Act or the regulations.
Same
(2) If the Minister believes that a person has breached a term or condition of their consent or has otherwise contravened or failed to comply with a provision of this Act or the regulations, the Minister may order the person to comply with the terms or conditions of the consent or with the provisions of this Act or the regulations.
Restraining orders by court
10.10 (1) On the application of the Minister, a judge of the Superior Court of Justice may make an order to restrain a person from contravening this Act or the regulations if the court is satisfied that there are reasonable grounds to believe that the person has contravened or is likely to contravene this Act or the regulations.
Interim order
(2) In a proceeding under subsection (1), a judge may, on application of the Minister, grant an interim order described in that subsection if the judge believes, based on the evidence before him or her, that it is in the public interest to do so.
Same
(3) A judge may grant an interim order even though the Minister has not established that irreparable harm will be done if the order is not issued.
Same
(4) A judge shall not require the Minister to post a bond or give an undertaking as to damages when granting an interim order.
Other means not a bar
(5) An order may be granted under subsection (1) even though a notice of contravention has been or may be issued to the person under subsection 10.2 (1), an order has been or may be issued to the person under section 10.8 or the person has been or may be prosecuted for or convicted of an offence with respect to the same contravention.
11. The Act is amended by adding the following heading before section 11:
Offences
12. Clause 11 (2) (a) of the Act is repealed and the following substituted:
(a) to a fine of not more than $50,000 if the person is an individual or $250,000 if the person is a corporation;
13. The Act is amended by adding the following section:
Service
Service
12.1 (1) Any notice, order or other document that is required to be given, issued, delivered or served under this Act or the regulations shall be given, issued, delivered or served only,
(a) by personal delivery;
(b) by mail addressed to the person's last known business or residential address as shown in the latest document filed with or correspondence sent to the Ministry using a method of mail delivery that permits the delivery to be verified;
(c) by mail addressed to the person's last known business or residential address as shown in the latest document filed with or correspondence sent to the Ministry; or
(d) by fax of the document or by electronic mail if the person is equipped to receive such transmission.
Personal delivery
(2) Personal delivery under clause (1) (a) is carried out by,
(a) leaving a copy of the notice, order or other document with the person to be served; or
(b) leaving a copy of the notice, order or other document in an envelope addressed to the person,
(i) at the person's place of residence with anyone resident at the address who appears to be at least 16 years of age, or
(ii) at the person's place of business with an employee of the business at the address and,
on the same day or on the next, mailing another copy to the person at the address where the envelope was left.
Exception to service by regular mail
(3) Service shall not be effected by the method set out in clause (1) (c) in respect of,
(a) a matter referred to in subsection 6 (1); or
(b) a notice of contravention under subsection 10.2 (1).
Service, corporations
(4) If the person receiving a notice, order or other document is a corporation, the notice or order may be given, issued, delivered or served,
(a) on a director or officer of the corporation or on any manager, secretary or other person apparently in charge of any business premises of the corporation using any method described in subsection (1); or
(b) on the corporation at its last known business address as shown in the latest document filed with or correspondence sent to the Ministry using one of the methods described in clause (1) (b) or (c).
Deemed service
(5) If a notice, order or other document is given, issued, delivered or served by mail, it is deemed to be received on the third day after the day of mailing unless the person to whom it is given, issued, delivered or served establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive the notice, order or other document until a later date.
Same
(6) A notice, order or other document that is given, issued, delivered or served by a means described in clause (1) (c) on a Saturday, Sunday or a public holiday or on any other day after 5 p.m. is deemed to have been received on the next day that is not a Saturday, Sunday or public holiday.
Substituted service
(7) On the application of the Minister or person designated by the Minister under section 10.1, a judge of the Superior Court of Justice may order that a document be served by substituted service, using a method chosen by the court, if the Minister or person designated by the Minister,
(a) provides detailed evidence showing,
(i) what steps have been taken to locate the person to be served, and
(ii) if the person has been located, what steps have been taken to serve the document on the person; and
(b) shows that the method of service could reasonably be expected to bring the document to the person's attention.
14. The Act is amended by adding the following heading before section 13:
Regulations
15. (1) Section 13 of the Act is amended by adding the following clauses:
(0.a) prescribing persons that are excluded from the definition of "educational institution" in subsection 1 (1);
(0.a.1) prescribing occupational accrediting, certifying or licensing bodies or the criteria that must be met to be an occupational accrediting, certifying or licensing body for the purposes of subsection 1 (3);
(0.a.2) prescribing physical elements for the purposes of paragraph 6 of subsection 1.1 (2);
. . . . .
(c.1) governing the referring of an application for consent or renewal of consent to a quality assurance body or authority for the purposes of section 5;
(c.2) respecting when the Minister may refer elements of an application for a consent or renewal of a consent to the Post-secondary Education Quality Assessment Board and elements to another accrediting or quality assurance body or authority for the purposes of clause 5 (2) (b);
(c.3) governing the circumstances in which the Minister may reject an application for consent or renewal of consent and the criteria the Minister may consider in rejecting such an application for the purposes of subsection 5 (2.1);
(c.4) prescribing for the purposes of clause 5 (3.1) (a) circumstances where a prior quality assurance review may be deemed to be a referral and the criteria the Minister may consider in deeming such a review to be a referral under clause 5 (2) (a);
(c.5) prescribing for the purposes of clause 5 (3.1) (b) circumstances where the approval of a prescribed body or authority may be deemed to be a recommendation and the criteria the Minister may consider in deeming such an approval to be a recommendation under subsection 5 (3) and the purposes for which the approval may be deemed to be a recommendation;
. . . . .
(h) governing administrative penalties for the purposes of section 10.2 and all matters necessary and incidental to the administration of a system of administrative penalties under this Act.
(2) Section 13 of the Act is amended by adding the following subsection:
Administrative penalties
(2) A regulation under clause (1) (h) may,
(a) provide that the amount of a penalty prescribed for a contravention is increased by a prescribed amount for each subsequent contravention that occurs within a prescribed period;
(b) provide for penalties in the form of lump sum amounts and of daily amounts, prescribe the circumstances in which either or both types of amounts may be required and, in the case of a daily amount, prescribe the maximum number of days for which a daily amount may be imposed; and
(c) provide for the time and manner of payment.
Private Career Colleges Act, 2005
16. Section 10 of the Private Career Colleges Act, 2005 is repealed and the following substituted:
Prohibition against use of credentials
10. No person shall grant to another person a credential or represent that a credential may be obtained from an educational institution or other institution, agency or entity unless the person is registered and both the provision of the vocational program leading to the credential and the granting of the credential have been approved by the Superintendent.
17. (1) Subsection 23 (5) of the Act is repealed and the following substituted:
Duration of approval
(5) Subject to a policy directive issued under clause 53 (1) (a), the approval to provide a specified vocational program shall be valid for a prescribed period or for a period determined in accordance with the regulations and may be renewed upon application.
Invalidity of approval
(5.1) Where an approval is revoked as the result of a policy directive issued under clause 53 (1) (a), a private career college shall immediately submit an application for approval of the vocational program if it intends to continue providing the program.
(2) Subsection 23 (7) of the Act is repealed and the following substituted:
Same
(7) Subsections (2) to (5) apply with necessary modifications to the following:
1. An application to renew an approval.
2. An application for approval where an approval is revoked as the result of a policy directive issued under clause 53 (1) (a).
3. An application for approval of a substantial change to a program.
18. Section 25 of the Act is amended by adding the following subsections:
Same, term
(2) Subject to subsection (5), a college may grant a student the approved credential for successfully completing the program only if the program is completed during the period when the approval for the program is valid.
Same, revocation by policy directive
(3) Despite subsection (1), a policy directive issued under clause 53 (1) (b) may revoke an approval of a credential issued under this section.
Same, reapplication for approval
(4) Where an approval of a credential is revoked as the result of a policy directive issued under clause 53 (1) (b), a private career college shall immediately submit an application for approval of the credential if it intends to continue granting the credential.
Same, exception
(5) Despite the revocation of an approval of a credential as the result of a policy directive issued under clause 53 (1) (b), a student who is enrolled in a program at the time of the revocation is permitted to graduate and receive the credential associated with the program, unless one of the following applies:
1. The policy directive revoking the approval introduces a new standard related to public health or public safety.
2. The policy directive revoking the approval relates to a vocational program that is regulated by a third party and,
i. the third party changes the entry requirements necessary to practise the vocation, and
ii. the changes are such that unless the private career college adopts the requirements prescribed by the third party, graduates from the program would not meet the entry requirements to practise the vocation.
19. (1) Clause 48 (2) (a) of the Act is amended by striking out "$25,000" and substituting "$50,000".
(2) Clause 48 (2) (b) of the Act is amended by striking out "$100,000" and substituting "$250,000".
20. (1) Clause 51 (1) (b) of the Act is repealed and the following substituted:
(b) by mail addressed to the person's last known business or residential address as shown in the latest document filed with or correspondence sent to the Superintendent using a method of mail delivery that permits the delivery to be verified;
(b.1) by mail addressed to the person's last known business or residential address as shown in the latest document filed with or correspondence sent to the Superintendent; or
(2) Section 51 of the Act is amended by adding the following subsections:
Personal delivery
(1.1) Personal delivery under clause (1) (a) is carried out by,
(a) leaving a copy of the notice, order or other document with the person to be served; or
(b) leaving a copy of the notice, order or other document in an envelope addressed to the person,
(i) at the person's place of residence with anyone resident at the address who appears to be at least 16 years of age, or
(ii) at the person's place of business with an employee of the business at the address and,
on the same day or on the next, mailing another copy to the person at the address where the envelope was left.
Exception to service by regular mail
(1.2) The following shall not be served by the method set out in clause (1) (b.1):
1. A notice under subsection 19 (1) (notice of refusal or revocation).
2. A notice under subsection 20 (1) (notice of immediate suspension).
3. A notice under subsection 24 (2) (notice of revocation of program approval).
4. A notice under subsection 39 (1) (notice of contravention).
(3) Clause 51 (2) (b) of the Act is repealed and the following substituted:
(b) on the corporation at its last known business address as shown in the latest document filed with or correspondence sent to the Superintendent using one of the methods described in clause (1) (b) or (c).
(4) Section 51 of the Act is amended by adding the following subsection:
Substituted service
(5) On the application of the Superintendent, a judge of the Superior Court of Justice may order that a document be served by substituted service, using a method chosen by the court, if the Superintendent,
(a) provides detailed evidence showing,
(i) what steps have been taken to locate the person to be served, and
(ii) if the person has been located, what steps have been taken to serve the document on the person; and
(b) shows that the method of service could reasonably be expected to bring the document to the person's attention.
21. Section 53 of the Act is amended by adding the following subsections:
Same, revocation of approval
(1.1) A policy directive issued under subsection (1) may revoke an approval for a vocational program or a class of vocational programs and an approval for credentials that a private career college may grant.
Same, effective date of revocation
(1.2) The revocation of an approval is effective on the date specified in the policy directive or calculated in accordance with the policy directive that is no earlier than six months after the date the policy directive is issued under subsection (1) or on the date specified in the policy directive or calculated in accordance with the policy directive, if one of the following applies:
1. The policy directive introduces a new standard related to public health or public safety.
2. The policy directive revoking the approval relates to a vocational program that is regulated by a third party and,
i. the third party changes the entry requirements necessary to practise the vocation, and
ii. the changes are such that unless the private career college adopts the requirements prescribed by the third party, graduates from the program would not meet the entry requirements to practise the vocation.
Same, effective despite prescribed period of approval
(1.3) In the case of the revocation of an approval for a vocational program or class of vocational programs, the effective date of the revocation specified in the directive or determined in accordance with the directive applies despite any prescribed period for approval or the period for approval determined in accordance with the regulations.
Ontario College of Art & Design Act, 2002
22. The short title of the Ontario College of Art & Design Act, 2002 is repealed and the following substituted:
Ontario College of Art & Design University Act, 2002
23. The Act is amended by adding the following heading before section 1:
Interpretation and Continuation, Objects and Powers of University
24. (1) The definition of "board" in section 1 of the Act is amended by striking out "College" and substituting "University".
(2) The definition of "College" in section 1 of the Act is repealed.
(3) Section 1 of the Act is amended by adding the following definitions:
"property" includes real and personal property; ("biens")
"senate" means the senate of the University; ("sénat")
"University" means the Ontario College of Art & Design University continued under section 2. ("Université")
25. Subsection 2 (1) of the Act is repealed and the following substituted:
Continuation of corporation
(1) The Ontario College of Art & Design is continued as a corporation without share capital under the name Ontario College of Art & Design University in English and Université de l'École d'art et de design de l'Ontario in French and shall consist of the members of its board.
26. Section 3 of the Act is repealed and the following substituted:
Objects
3. The objects of the University are to provide the opportunity and environment for advanced education in art and design at the undergraduate and graduate levels and to support teaching, research and professional practice in these fields.
27. (1) Subsection 4 (1) of the Act is amended by striking out "College" and substituting "University".
(2) Subsection 4 (2) of the Act is amended by striking out "College" in the portion before clause (a) and substituting "University".
(3) Clause 4 (2) (a) of the Act is amended by striking out "Ontario College of Art & Design" and substituting "Ontario College of Art & Design University".
(4) Subsection 4 (3) of the Act is amended by striking out "College" and substituting "University".
(5) Subsection 4 (4) of the Act is amended by striking out "College" and substituting "University".
28. The Act is amended by adding the following heading before section 5:
Board of Governors
29. (1) Subsection 5 (1) of the Act is repealed and the following substituted:
Board of governors
(1) There shall be a board of the University, consisting of,
(a) the president of the University, by virtue of office;
(b) six members, appointed by the Lieutenant Governor in Council, who are neither students nor employees of the University; and
(c) such other members as may be set out in the by-laws of the University so long as at least a majority of the members of the board are persons who are neither students nor employees of the University.
(2) Clauses 5 (5) (c) and (d) of the Act are amended by striking out "College" wherever it appears and substituting in each case "University".
(3) Clauses 5 (7) (a) and (b) of the Act are amended by striking out "College" wherever it appears and substituting in each case "University".
(4) Subsection 5 (8) of the Act is amended by striking out "College" and substituting "University".
(5) Subsection 5 (9) of the Act is amended by striking out "College" and substituting "University".
30. (1) Subsection 6 (1) of the Act is amended by striking out "College" in the portion before clause (a) and substituting "University".
(2) Clause 6 (1) (a) of the Act is repealed and the following substituted:
(a) to determine the mission, vision and values of the University in a manner that is consistent with the objects of the University set out in section 3;
(a.1) to appoint and remove a chancellor;
(3) Subsection 6 (1) of the Act is amended by adding the following clauses:
(b.1) to appoint, promote, suspend and remove members of the teaching faculty, academic staff and non-teaching employees of the University, subject to subsection (1.1);
(b.2) to fix the number, duties and salaries and other benefits of the teaching faculty, academic staff and non-teaching employees of the University;
(b.3) to approve the annual budget of the University and to monitor its implementation;
(4) Clauses 6 (1) (c), (f), (g), (i) and (j) of the Act are amended by striking out "College" wherever it appears and substituting in each case "University".
(5) Section 6 of the Act is amended by adding the following subsection:
Limitation
(1.1) The board shall not appoint, promote, suspend or remove a member of the teaching faculty, academic staff or a non-teaching employee of the University, except on the recommendation of the president of the University who shall be governed by the terms of any applicable commitments and practices of the University.
(6) Subsection 6 (2) of the Act is amended by striking out "College" wherever it appears and substituting in each case "University".
(7) Subsection 6 (3) of the Act is amended by striking out "College" wherever it appears and substituting in each case "University".
(8) Subsection 6 (4) of the Act is amended by striking out "College" wherever it appears and substituting in each case "University".
31. Section 7 of the Act is repealed and the following substituted:
Senate
Senate composition
7. (1) There shall be a senate of the University, consisting of not more than 60 members, including the following members:
1. The following persons who are members by virtue of their office:
i. the president of the University,
ii. the vice-president, academic of the University,
iii. the vice president, research and graduate studies of the University,
iv. the chancellor of the University,
v. the dean of each faculty or, if a program is not part of a faculty, the associate dean or chair of the program,
vi. the University registrar, and
vii. the University director of library services or chief librarian.
2. Such number of students elected by the students of the University from among themselves as set out in the senate by-laws.
3. Such number of persons on the teaching faculty, elected by the teaching faculty from among themselves, as set out in senate by-laws, which number shall be at least twice the total number of all other members of the senate.
4. One person, other than the president of the University, appointed by the board from among the board members.
5. Such other persons as may be determined by senate by-law.
By-laws respecting elections
(2) The senate shall by by-law determine,
(a) the procedures to be followed in the election of members of the senate;
(b) the eligibility requirements for the election or appointment, as the case may be, to the senate of members described in paragraphs 2, 3, 4 and 5 of subsection (1);
(c) the number of persons to be elected or appointed, as the case may be, to the senate under paragraphs 2, 3 and 5 of subsection (1); and
(d) the constituencies for each of the groups referred to in paragraphs 2, 3 and 4 of subsection (1).
Senate election
7.1 The senate shall conduct the election of its elected members and shall determine any dispute as to the eligibility of a candidate at such election or as to a person's entitlement to vote at the election.
Term of office
7.2 The term of office for an elected or appointed member of the senate shall be,
(a) not more than three years, as determined by the by-laws of the senate; or
(b) if a by-law referred to in clause (a) is not made, one year.
Loss of eligibility
7.3 (1) If, during his or her term of office, a member of the senate elected or appointed under paragraph 2, 3, 4 or 5 of subsection 7 (1) ceases to be eligible for election or appointment to the senate under the same paragraph, he or she thereby ceases to be a member of the senate.
Exception, student graduation
(2) Despite subsection (1), if a student member of the senate graduates during his term of office, he or she may continue to sit as a member of the senate until the next anniversary of the day of his or her election.
Renewal of term
7.4 (1) A member of the senate is eligible for re-election or reappointment.
Limitation
(2) A person elected or appointed to the senate may not be a member of the senate for more than two consecutive terms, but is eligible for reappointment or re-election after one year's absence from the senate.
Vacancies
7.5 (1) A vacancy on the senate occurs if,
(a) a member resigns or ceases to be eligible for appointment or election to the senate before the end of his or her term;
(b) a member is incapable to continue to act as a member and the senate by resolution declares the membership to be vacated; or
(c) such circumstances as may be specified in a by-law of the senate exist.
Same
(2) If a vacancy occurs on the senate, the senate shall,
(a) determine, in accordance with its by-laws, whether or not to fill the vacancy; and
(b) if the vacancy is to be filled, fill the vacancy within the time period, and according to the procedures, provided in the by-laws of the senate.
Completion of term
(3) The person who fills a vacancy on the senate under subsection (2) shall hold office for the remainder of the term of the member he or she is replacing.
Renewal of term
(4) Despite subsection 7.4 (2), a person elected or appointed to the senate under subsection (2) 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 senate.
Powers of senate
7.6 The senate has, subject to the approval of the board with respect to the expenditure of funds, the power to determine and regulate the educational policy of the University and, without limiting the generality of the foregoing, has the power,
(a) to make recommendations to the board with respect to the establishment, change or termination of programs and courses of study, schools, faculties, divisions and departments;
(b) to make recommendations to the board on the allocation or use of University resources for academic purposes;
(c) to advise the president of the University on the staffing needs of the academic departments;
(d) to appoint the faculty deans, associate deans and the program chairs as may be required from time to time;
(e) to determine the curricula of all programs and courses of study, the standards of admission to the University and continued registration therein, and the qualifications for degrees, diplomas and certificates of the University;
(f) to conduct examinations, appoint examiners and decide all matters relating thereto;
(g) to hear and determine appeals from the decisions of the faculty councils on examinations and on applications for admission;
(h) to award fellowships, scholarships, bursaries, medals, prizes and other marks of academic achievement;
(i) to authorize the chancellor, the vice-chancellor or such other person as may be determined by the senate, to confer degrees, honorary degrees, diplomas and certificates on behalf of the University in accordance with section 4;
(j) to create councils and committees to exercise its powers;
(k) to make by-laws for the conduct of its affairs, including by-laws respecting the conduct of the election of its members.
Chancellor and President
Chancellor
7.7 (1) The board may, in its discretion, decide to appoint a chancellor of the University.
Appointment committee
(2) If the board decides to appoint a chancellor, it shall establish an appointment committee to make recommendations as to the person to be appointed chancellor.
Same
(3) The appointment committee shall be composed of such members of the board and senate as may be determined by the by-laws of the board.
Appointment
(4) The board shall take into consideration the recommendation of the appointment committee when appointing a chancellor.
Term of office
(5) If appointed, the chancellor shall hold office for four years.
Reappointment
(6) The chancellor may be reappointed for a further term but shall not be reappointed for more than two consecutive terms.
Vice-chancellor
(7) If a chancellor is appointed under subsection (1), the president shall be the vice-chancellor of the University.
Duties
(8) The chancellor is the titular head of the University and, when authorized by the senate to do so, shall confer all degrees, honorary degrees, certificates and diplomas on behalf of the University.
32. (1) Subsection 8 (1) of the Act is amended by striking out "College" and substituting "University".
(2) Subsection 8 (2) of the Act is amended by striking out "College" wherever it appears and substituting in each case "University".
33. The Act is amended by adding the following heading before section 9:
Administration
34. Subsection 9 (1) of the Act is amended by striking out "College" and substituting "University".
35. (1) Subsection 10 (1) of the Act is amended by striking out "College" wherever it appears and substituting in each case "University".
(2) Subsection 10 (2) of the Act is amended by striking out "College" and substituting "University".
36. (1) Subsection 11 (1) of the Act is amended by striking out "College" wherever it appears and substituting in each case "University".
(2) Subsection 11 (2) of the Act is amended by striking out "is vested in the College" and substituting "is vested in the University".
(3) Subsection 11 (3) of the Act is amended by striking out "College" wherever it appears and substituting in each case "University".
(4) Subsection 11 (4) of the Act is amended by striking out "College" and substituting "University".
(5) Subsection 11 (5) of the Act is amended by striking out "College" and substituting "University".
(6) Subsection 11 (6) of the Act is amended by striking out "College" wherever it appears and substituting in each case "University".
(7) Subsection 11 (8) of the Act is amended by striking out "College" and substituting "University".
(8) Subsection 11 (9) of the Act is amended by striking out "College" in the portion before clause (a) and substituting "University".
37. (1) Subsection 12 (1) of the Act is amended by striking out "College" and substituting "University".
(2) Subsection 12 (2) of the Act is amended by striking out "College" and substituting "University".
(3) Subsection 12 (3) of the Act is amended by striking out "College" and substituting "University".
38. Section 13 of the Act is repealed and the following substituted:
Transition
Transition
Recognition of credits and marks
13. (1) The University shall grant to all its students and former students full recognition for all credits and marks awarded by the Ontario College of Art and the Ontario College of Art & Design before the coming into force of this section.
First Senate
(2) Despite anything in this Act, the persons who were members of the academic council of the Ontario College of Art & Design on the day immediately before the day section 31 of the Post-secondary Education Statute Law Amendment Act, 2010 comes into force shall, on and after that day, constitute the first senate of the University.
Duties of first senate
(3) The first senate of the University shall no later than July 1 after the day section 31 of the Post-secondary Education Statute Law Amendment Act, 2010 comes into force appoint or elect new members of the senate as are necessary in order to ensure that the senate is constituted in accordance with the requirements of this Act.
Same
(4) Despite subsection (3), if the period between the date that section 31 of the Post-secondary Education Statute Law Amendment Act, 2010 comes into force and the July 1 following that date is less than 12 months, the date referred to subsection (3) shall be the next following July 1.
Rotating membership of senate
(5) The senate may determine that each new member of the senate appointed or elected under subsection (3) or (4), as the case may be, shall hold office for one year, two years or three years and the term of office for each new member so appointed or elected may vary from one member to the next, as the senate deems appropriate to ensure an effective succession of senate members.
Reappointment, etc., to senate
(6) Membership on the academic council before section 31 of the Post-secondary Education Statute Law Amendment Act, 2010 comes into force shall be considered when determining whether a member of the first senate of the University has exceeded the limitation period specified in subsection 7.4 (2) for purposes of re-election or reappointment.
First senate by-laws
(7) The by-laws made by the board that relate to the academic council immediately before section 31 of the Post-secondary Education Statute Law Amendment Act, 2010 comes into force shall, in so far as they are not inconsistent with this Act, be deemed to be the by-laws of the senate until re-enacted, amended or repealed by the senate.
Commencement and Short Title
Commencement
39. This Act comes into force on the day it receives Royal Assent.
Short title
40. The short title of this Act is the Post-secondary Education Statute Law Amendment Act, 2010.
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 43 and does not form part of the law. Bill 43 has been enacted as Chapter 12 of the Statutes of Ontario, 2010.
The Bill amends the Post-secondary Education Choice and Excellence Act, 2000, the Private Career Colleges Act, 2005 and the Ontario College of Art & Design Act, 2002.
The Post-secondary Education Choice and Excellence Act, 2000 is amended by adding the definitions of "educational institution" and "distance education" and, in addition, adding interpretation sections setting out what constitutes a "degree" and "providing all or part of a program leading to a degree". The Act is also amended by adding an application section, section 1.1. That section provides that the Act applies to persons who have a physical presence in Ontario or who offer distance education to Ontario residents where it is not reasonably evident that the programs are offered by a person in a jurisdiction outside of Ontario who is not authorized to provide the programs or grant related degrees in Ontario.
The prohibition against certain types of advertising unless the person is authorized to do what is set out in the advertising is broadened to prohibit advertising a distance education program leading to a degree conferred by a person outside of Ontario where the advertising is done in a manner such that it is not reasonably evident that the program is offered by a provider in a jurisdiction outside of Ontario who is not authorized to grant the degree in Ontario.
The Act is amended to allow the Minister to refer applications for consent or renewal of consent to the Post-secondary Education Quality Assessment Board, as is the case now, or to another accrediting or quality assurance body or authority and the Minister is also authorized to reject an application for consent or renewal of consent but only in the prescribed circumstances or in accordance with the prescribed criteria, without making a referral. Both the Board and the accrediting or quality assurance body or authority may make a recommendation to the Minister with respect to consent or renewal of consent. In the prescribed circumstances or in accordance with the prescribed criteria, the Minister may deem a prior quality assurance review to be a referral to an accrediting or quality assurance body or authority and may deem the approval by the body or authority to be a recommendation.
The inspection section of the Act, section 9, is amended to more closely parallel the inspection section in the Private Career Colleges Act, 2005 and the Act is amended by adding provisions dealing with administrative monetary penalties, restraining orders and compliances orders. These provisions are also similar to those found in the Private Career Colleges Act, 2005. The Act is amended by adding service provisions, which closely parallel those found in the Private Career Colleges Act, 2005.
The provincial offence penalties are increased from $25,000 to $50,000 for individuals and from $100,000 to $250,000 for corporations. Concomitant changes are made to the regulation making authority in the Act.
The Private Career Colleges Act, 2005 is amended by providing that a policy directive issued under subsection 53 (1) of the Act may revoke an approval for a vocational program or a class of vocational programs and an approval for credentials that a private career college may grant. Except in certain specified circumstances, such a policy directive cannot be effective until six months after the date it is issued. The amendment dealing with the issuing of policy directives results in consequential amendments dealing with approvals of specified vocational programs and approved credentials.
With respect to credentials, the Act is amended to provide that a college may grant a student an approved credential for a program only if the student successfully completes the program during the period when the approval of the program is valid. There is an exception to this where a student is enrolled in a program at the time of the revocation of an approval of the credential. In that case, subject to certain specified exceptions, the student is permitted to graduate and to receive the credential associated with the program.
The provincial offence penalties are increased from $25,000 to $50,000 for individuals and from $100,000 to $250,000 for corporations.
The service section of the Act is amended to, among other things, allow for service by regular mail in certain circumstances and to permit the Superintendent to apply to a judge of the Superior Court of Justice for an order for substituted service.
The name of the Ontario College of Art & Design is being changed to the Ontario College of Art & Design University. The Ontario College of Art & Design Act, 2002 is amended to reflect this change in the name. In addition, the academic council of the College is replaced by a senate, which has specified powers in the Act and amendments are made to the duties of the board. The position of chancellor is created. There are transition provisions that deal with the transition from the academic council to the senate.