BILL 35 – 2003
ADVANCED EDUCATION STATUTES AMENDMENT ACT, 2003

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

College and Institute Act

1 Section 1 of the College and Institute Act, R.S.B.C. 1996, c. 52, is amended in the definition of "university" by repealing paragraph (d).

2 Section 2 (1) (a), (d) and (e) is repealed and the following substituted:

(a) establish, in consultation with institutions, policy or directives for post secondary education and training in British Columbia; .

3 Section 3 (d) (ii) is amended by striking out "associate or baccalaureate degree" and substituting "associate degree, baccalaureate degree or applied masters degree".

4 Section 5 (1) is repealed and the following substituted:

(1) The Lieutenant Governor in Council may designate any of the following:

(a) a college;

(b) the area of British Columbia that is the college region of a college designated under this section;

(c) a university college;

(d) the area of British Columbia that is the university college region of a university college designated under this section;

(e) a Provincial institute.

5 The following section is added:

Designation of degrees by minister

5.1 The minister may, by order, designate any of the following:

(a) an applied baccalaureate degree that a college may grant and the name for the applied baccalaureate degree;

(b) a baccalaureate degree that a university college may grant and the name for the baccalaureate degree;

(c) a baccalaureate degree that a Provincial institute may grant and the name for the baccalaureate degree;

(d) an applied masters degree that a university college or Provincial institute may grant and the name for the applied masters degree;

(e) an honorary degree that a university college or Provincial institute may grant and the name for the honorary degree.

6 Section 31 (1) is repealed and the following substituted:

(1) An institution must not plan for or incur a deficit.

(1.1) If a deficit occurs, or if at any time during the fiscal year a deficit is forecast, the board must

(a) report it to the minister immediately, and

(b) within 30 days of the report under paragraph (a), submit to the minister a deficit management plan acceptable to the minister.

7 Sections 32 and 39 are repealed.

8 Section 44 is amended

(a) by repealing subsections (1) and (3), and

(b) in subsection (2) by repealing paragraphs (a) and (b) and substituting the following:

(a) the total of unexpended amount of the grant made to the institution in the fiscal year is reduced by the value of the benefits that the employee would have received for the period of the withdrawal of services or the lockout if the employee had worked, and

(b) the amount of the reduction calculated under paragraph (a) is a debt to the government and

(i) must be paid by the institution to the government, or

(ii) must be withheld by the minister from future grants to the institution in that fiscal year or a future fiscal year.

9 Section 51 is repealed and the following substituted:

Application of the Company Act

51 The Company Act does not apply to an institution, but on the recommendation of the minister, the Minister of Finance, by regulation, may declare that all or part of that Act applies to the institution.

 
Degree Authorization Act

10 Section 2 (1) (c) of the Degree Authorization Act, S.B.C. 2002, c. 24, is repealed.

 
Financial Administration Act

11 Section 1 of the Financial Administration Act, R.S.B.C. 1996, c. 138, is amended in the definition of "government body" by adding "and" at the end of paragraph (c.1) and by repealing paragraph (c.2).

12 Section 56.1 (1) is amended in the definition of "institution" by repealing paragraph (d).

 
Financial Information Act

13 Schedule 2 of the Financial Information Act, R.S.B.C. 1996, c. 140, is amended by striking out "Open Learning Agency".

 
Freedom of Information and Protection of Privacy Act

14 Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended in the definition of "educational body" by repealing paragraph (f).

 
Institute of Technology Act

15 Section 13 is amended by striking out "Lieutenant Governor in Council designates." and substituting "minister, by order, designates."

16 Section 14 (2) (g) is amended by striking out ", other than money granted under section 24,".

17 Section 22 is repealed and the following substituted:

Finances

22 (1) The fiscal year of the institute ends on March 31 in each year.

(2) The board must not plan for or incur a deficit.

(3) If a deficit occurs, or if at any time during the fiscal year a deficit is forecast, the board must

(a) report it to the minister immediately, and

(b) within 30 days of the report under paragraph (a), submit to the minister a deficit management plan acceptable to the minister.

18 Section 23 (3) is amended by striking out "Section 22 (6)" and substituting "Section 22 (2) and (3)".

19 Sections 24, 27 and 29 (2) are repealed.

 
Motor Vehicle Act

20 Section 21 (2) (b) (vii) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed.

 
Municipal Finance Authority Act

21 Section 1 of the Municipal Finance Authority Act, R.S.B.C. 1996, c. 325, is amended in the definition of "public institution" by adding "and" at the end of paragraph (f), by striking out "and" at the end of paragraph (g) and by repealing paragraph (h).

22 Section 11 (1) (j) is repealed.

 
Private Post-Secondary Education Act

23 Section 1 (1) of the Private Post-Secondary Education Act, R.S.B.C. 1996, c. 375, as amended by section 15 (b) of the Degree Authorization Act, S.B.C. 2002, c. 24, is amended in paragraph (c) (iii) of the definition of "post-secondary education" by striking out "the open university established under the Open Learning Agency Act,".

 
Public Education Flexibility and Choice Act

24 Section 1 of the Public Education Flexibility and Choice Act, S.B.C. 2002, c. 3, is amended by repealing the definition of "institution" and substituting the following:

"institution" means a college, a university college or a Provincial institute or other institute established under the College and Institute Act or the Institute of Technology Act; .

 
Public Sector Employers Act

25 Section 1 of the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is amended in paragraph (e) of the definition of "public sector employer" by striking out "or the Open Learning Agency".

 
Royal Roads University Act

26 Section 3 (5) of the Royal Roads University Act, R.S.B.C. 1996, c. 409, is repealed and the following substituted:

(5) The Company Act does not apply to the university, but on the recommendation of the minister, the Minister of Finance, by regulation, may declare that all or part of that Act applies to the university.

 
School Act

27 Section 170.2 of the School Act, R.S.B.C. 1996, c. 412, is amended

(a) in subsection (1) in the definition of "public post-secondary institution" by repealing paragraph (c), and

(b) in subsection (4) (c) by striking out "Act;" and substituting "Act, R.S.B.C. 1996, c. 341;".

 
Trinity Western University Foundation Act

28 Section 2 of the Trinity Western University Foundation Act, S.B.C. 1989, c. 82, is amended

(a) by repealing subsections (2) and (7) and substituting the following:

(2) The corporation consists of 5 members appointed by the board of governors of the university.

(7) The board of governors may designate one of the members of the corporation as the chair of the board. , and

(b) in subsection (9) (c) by striking out "chairperson" and substituting "chair" in both places.

 
University Act

29 Section 1 of the University Act, R.S.B.C. 1996, c. 468, is amended in the definition of "faculty member" by striking out "on a full time basis" and by striking out "who has served for 4 months or longer".

30 Section 3 (4) and (5) is repealed and the following substituted:

(4) The Company Act does not apply to a university, but on the recommendation of the minister, the Minister of Finance, by regulation, may declare that all or part of that Act applies to a university.

31 Section 19 (e) and (f) is amended by striking out "full time".

32 Section 23 (1) (f) is repealed.

33 Section 29 (1) is repealed and the following substituted:

(1) If a deficit occurs, or if at any time during the fiscal year a deficit is forecast, the board must

(a) report it to the minister immediately, and

(b) within 30 days of the report under paragraph (a), submit to the minister a deficit management plan acceptable to the minister.

34 Section 35 (2) is amended

(a) in paragraph (h) by striking out "full time", and

(b) by repealing paragraph (j).

35 Section 67 (6) is repealed.

 
University Foundations Act

36 Section 1 of the University Foundations Act, R.S.B.C. 1996, c. 471, is amended by repealing the definition of "board of governors" and substituting the following:

"board" means the board of a foundation; .

37 Section 2 (2), (3), (6) and (7) is repealed and the following substituted:

(2) A foundation referred to in subsection (1) consists of a board of 5 members appointed by the board of governors of the relevant university.

(3) The term of office of a member appointed under subsection (2) is 3 years.

(7) The board of governors of the relevant university must designate as the chair one of the members of the board of the foundation.

38 Sections 2 (8) and (9), 7, 8 (1), 10 (2), 11 (1) and (3), 12 and 13 are amended by striking out "of governors" wherever it appears.

39 Section 6 is repealed and the following substituted:

Bylaws

6 A board may establish the bylaws of the foundation.

 
University of Victoria Foundation Act, 1979

40 Section 3 (3) (b) and (c) of the University of Victoria Foundation Act, 1979, S.B.C. 1979, c. 38, is repealed and the following substituted:

(c) 4 members appointed by the university board, and .

Transitional -- Trinity Western University Foundation Act

41 Despite the amendment of section 2 of the Trinity Western University Foundation Act by section 30 of this Act, any individuals appointed under section 2 of the Trinity Western University Foundation Act before the coming into force of section 30 of this Act whose terms of office as members of the corporation had not expired, continue to hold office until their terms would have expired if section 30 of this Act had not been brought into force.

Transitional -- University Act

42 Despite the repeal of section 35 (2) (j) of the University Act by section 36 (b) of this Act, any individuals appointed under section 35 (2) (j) of the University Act before the coming into force of section 36 (b) of this Act whose terms of office as members of a university senate had not expired, continue to hold office until their terms would have expired if section 36 (b) had not been brought into force.

Transitional -- University Foundations Act

43 Despite the amendment of section 2 (2) of the University Foundations Act by section 40 of this Act, any individuals appointed under section 2 (2) of the University Foundations Act before the coming into force of section 40 of this Act whose terms of office as members of a university foundation had not expired, continue to hold office until their terms would have expired if section 40 of this Act had not been brought into force.

Transitional -- University of Victoria Foundation Act, 1979

44 Despite the amendment of section 3 (3) of the University of Victoria Foundation Act, 1979 by section 43 of this Act, any individuals appointed under section 3 (3) of the University of Victoria Foundation Act, 1979 before the coming into force of section 43 of this Act whose terms of office as members of the foundation board had not expired, continue to hold office until their terms would have expired if section 43 of this Act had not been brought into force.

Commencement

45 This Act comes into force by regulation of the Lieutenant Governor in Council.