Definitions

1   In this Act:

"accredited" means accredited for this Act by the minister or by a body empowered under an enactment to license or register persons;

"BCIT" means the British Columbia Institute of Technology continued under section 5.2;

"benefits" means remuneration for employment but does not include benefits excepted by the Lieutenant Governor in Council;

"board" means the board of an institution;

"British Columbia Adult Graduation Diploma" means the diploma that may be provided to a person who is enrolled at an institution and who has met the requirements for obtaining the British Columbia Adult Graduation Diploma;

"capital fee" has the prescribed meaning;

"college" means a college designated under this Act;

"college region" means a college region designated under this Act;

"continuing education" includes education or training offered by an institution to adult persons on a part time or short term basis;

"education council" means the education council of the institution;

"educational administrator" means a dean, vice president or similar employee of the institution whose primary responsibility is to provide administrative services in support of education or training offered by the institution, and does not include the president;

"faculty member" includes an instructor, librarian, tutor, counsellor, research associate, program co-ordinator or other employee of the institution that a collective agreement between the bargaining agents, as defined in section 1 of the Labour Relations Code, for the institution and faculty members specifies to be a faculty member;

"institution" means a college, Provincial institute or BCIT;

"joint approval" means approval by the board and by the education council of an institution, each by passing a resolution of approval by majority vote of its voting members;

"post secondary education or training" means education or training, funded by the government, that is not provided under the University Act, the School Act, the Independent School Act or the Skilled Trades BC Act;

"president" means the chief executive officer of the institution;

"program or service fee" means

(a) a prescribed fee, or

(b) a fee for a prescribed program or a prescribed service

that is imposed and collected by the board on annual notice from a student society under section 21;

"Provincial institute" means a Provincial institute designated under this Act;

"registrar" means the registrar of the institution;

"representative group" means

(a) a bargaining agent, as defined in section 1 of the Labour Relations Code, for faculty members or for support staff, or

(b) a student society or student organization for which fees are collected under section 19 or 21 of this Act;

"student" means a person the registrar recognizes to be enrolled and in good standing in a course or program of studies at the institution;

"student society" means a society, as defined in section 1 of the Societies Act, whose purpose is to represent the interests of the general student body, but does not include a provincial or national student organization;

"support staff" means the employees of the institution who are not the president, educational administrators or faculty members;

"university" means

(a) The University of British Columbia continued under the University Act,

(b) the University of Victoria continued under the University Act,

(c) Simon Fraser University continued under the University Act,

(c.1) the Thompson Rivers University continued under the Thompson Rivers University Act,

(d) [Repealed 2012-7-16.]

(d.1) [Repealed 2002-35-1.]

(e) the University of Northern British Columbia continued under the University Act,

(f) Royal Roads University continued under the Royal Roads University Act, or

(g) a special purpose, teaching university that is designated under section 71 (3) (a) of the University Act.

Powers and duties of minister

2   (1) The minister must do the following:

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

(b) provide services the minister considers necessary to an institution, and the minister may require the institution to use the services provided;

(c) make an annual report for the fiscal year to the Legislature about the state of post secondary education and training in British Columbia.

(d) and (e) [Repealed 2003-48-2.]

(2) The minister may designate

(a) technical, vocational, artistic and other post secondary education or training for which instruction must be given at a Provincial institute, or

(b) other functions that a Provincial institute must perform.

(3) The minister must present the annual report to the Legislative Assembly within 15 days after its receipt or, if the Legislative Assembly is not then sitting, within 15 days after the beginning of the next sitting.

Discretionary powers

3   The minister may do one or more of the following:

(a) allocate, except as otherwise provided by another Act, money provided by the government of British Columbia or of Canada or by a person for the support of post secondary education or training;

(b) distribute money to students to assist them to obtain post secondary education or training;

(c) establish educational, training, operational, administrative, management and other standards for this Act;

(c.1) with the minister responsible for the administration of the School Act, establish the requirements for obtaining the British Columbia Adult Graduation Diploma;

(d) require an institution to

(i) issue a diploma or certificate to a student who has successfully completed an accredited course of instruction given by that institution, or

(ii) grant an associate degree, baccalaureate degree or applied masters degree to a student who meets the applicable standards for the degree established by policy or directives under section 2 (1) (a);

(e) monitor post secondary education or training conducted with financial support from the government;

(f) monitor an accredited post secondary educational or training course of instruction conducted without financial support from the government;

(g) establish a method by which courses of post secondary education or training may be accredited;

(h) require an institution to provide information and proposals in a form satisfactory to the minister;

(i) require an institution to develop or provide a service to another institution or the minister;

(j) require an institution to establish accounting and information systems the minister considers necessary for this Act;

(k) require institutions to avoid unnecessary duplication in the courses offered;

(l) establish articulation committees to advise the minister on the equivalence of courses given at one institution or university as compared to courses given at another institution or university;

(m) require an institution to participate in the work of an articulation committee;

(n) require an institution to accept, as the equivalent of a course of instruction taught at the institution, a course of instruction taught at a university or another institution which the minister has decided is equivalent;

(o) establish committees consisting of members of boards, presidents and employees of institutions and other persons.

Federal-Provincial agreements

4   The minister may, in the name of the government, enter into agreements with

(a) the minister responsible for the administration of the National Training Act (Canada) covering occupational training, capital expenditures incurred on occupational training facilities or training allowances, or

(b) a person, including the government of Canada or of a province, to establish an employer based post secondary education or training course of instruction.

Designation of colleges and Provincial institutes

5   (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) and (d) [Repealed 2008-24-19.]

(e) a Provincial institute.

(2) On designation under this section, an institution is a corporation consisting of the members appointed to its board under section 9.

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) [Repealed 2008-24-20.]

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

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

(e) an honorary degree that a Provincial institute may grant and the name for the honorary degree;

(f) for BCIT, a baccalaureate degree, an applied masters degree or an honorary degree that it may grant and the name of that degree.

British Columbia Institute of Technology

5.2   The British Columbia Institute of Technology is continued as a corporation consisting of the members of its board.

Objects of a college

6   The objects of a college are to provide comprehensive

(a) courses of study at the first and second year levels of a baccalaureate degree program,

(a.1) courses of study for an applied baccalaureate degree program,

(b) post secondary education or training,

(b.1) adult basic education, and

(c) continuing education.

Repealed

7   [Repealed 2008-24-19.]

Objects of a Provincial institute

8   The objects of a Provincial institute are to provide instruction and perform other functions designated by the minister under section 2 (2).

Objects of the British Columbia Institute of Technology

8.1   The objects of BCIT are to act as a polytechnic institution for British Columbia by

(a) providing courses of instruction in technological and vocational matters and subjects,

(b) providing courses of instruction at the baccalaureate and applied masters degree levels, and

(c) performing other functions designated by the minister.

Best interests of institution

8.2   In carrying out the objects of an institution, the members of the board of the institution must act in the best interests of that institution.

Board composition

9   (1) A board is composed of

(a) 8 or more persons appointed by the Lieutenant Governor in Council,

(b) one person on the faculty of the institution and elected by the faculty members,

(c) 2 students elected by the students,

(d) one person who is part of the support staff and elected by the support staff,

(e) the president, and

(f) the chair of the education council.

(2) Despite subsection (1), the board of the Justice Institute of British Columbia is composed of

(a) 8 or more persons appointed by the Lieutenant Governor in Council, and

(b) the president.

Board chair

9.1   The members of the board must elect a chair from among the 8 or more members of the board appointed under section 9 (1) (a).

Remuneration of board members

10   (1) The Lieutenant Governor in Council may set the remuneration that an institution pays to members of its board.

(2) The Lieutenant Governor in Council may set different remuneration for members of different boards.

Term of office

11   (1) A person elected under section 9 (1) (b) or (d) serves a 3 year term and may be elected to further terms.

(2) A person elected under section 9 (1) (c) serves a one year term and may be elected to further terms.

(3) The Lieutenant Governor in Council may, on a resolution passed by the vote of at least a 2/3 majority of the members of the board,

(a) despite subsections (1) and (2), remove from office a member of the board elected under section 9 (1) (b), (c) or (d),

(b) remove from office a member of the board appointed under section 9 (1) (a), and

(c) remove from office a member of the board of the Justice Institute of British Columbia appointed under section 9 (2) (a)

if the board or the board of the Justice Institute of British Columbia, as applicable, is satisfied that the person should be removed for cause.

Elections

12   (1) The registrar must conduct the elections described in section 9.

(2) The registrar must establish, after consultation with the chair of the board and the chief officers of the representative groups, rules that are necessary and consistent with this Act for the conduct of the elections described in section 9 (1), including an appeal process for the conduct of elections.

(3) Rules under this section for an election under section 9 (1) (c) must provide for representation of program areas at the institution as determined by the registrar.

Voting at board meetings

13   Each member of a board, except the president and chair of the education council, has one vote on the board.

Education council

14   (1) Each institution, other than the Justice Institute of British Columbia, must have an education council.

(2) The board of the Justice Institute of British Columbia has the powers and duties of an education council under this Part to discharge under its own bylaws.

Composition of an education council

15   (1) On first being established, an education council must have 20 voting members as follows:

(a) 10 must be faculty members elected by the faculty members;

(b) 4 must be students elected by the students;

(c) 4 must be educational administrators appointed by the president;

(d) 2 must be support staff elected by the support staff.

(2) After an education council is established, the number of its faculty member, educational administrator and support staff voting members having terms of more than one year, and of its student voting members, may be increased or decreased if

(a) the increase or decrease is agreed to by the president and a majority vote of the voting members of the education council,

(b) the number of voting members after the increase or decrease is apportioned to represent faculty members, students, educational administrators and support staff respectively in the same ratios as under subsection (1),

(c) the new faculty member, student and support staff voting members, if any, are elected by the faculty members, students and support staff respectively, and the new educational administrator voting members, if any, are appointed by the president, and

(d) the total of voting members exclusive of those elected or appointed under subsection (3) is 20 or more.

(3) After an education council is established, the number of its voting members may be increased for one year if

(a) the increase is agreed to by the president and a majority vote of the voting members of the education council,

(b) these new faculty member, student or support staff voting members are elected by the faculty members, students and support staff respectively, and these new educational administrator voting members, if any, are appointed by the president, and

(c) these new voting members are deemed not to be voting members for the purposes of a vote under subsection (2) (a) or this subsection.

(4) The president is a non-voting member of the education council.

(5) The board may appoint one person to be a non-voting member of the education council to serve for one year.

Term of office

16   (1) Faculty members or support staff elected under section 15, other than those elected under section 15 (3), serve a 2 year term and may be elected to further terms under that section.

(2) Students elected under section 15 serve a one year term and may be elected to further terms under that section.

(3) Educational administrators appointed under section 15, other than those appointed under section 15 (3), serve a 2 year term and may be appointed to further terms under that section.

(4) Those elected or appointed under section 15 (3) serve for one year and may be appointed to further terms under section 15.

Elections

17   (1) The registrar must conduct the elections described in section 15.

(2) The registrar after consulting with the chief officers of the representative groups and the president must establish the rules necessary and consistent with this Act for the conduct of the elections described in section 15, including an appeal process for the conduct of elections.

(3) Rules for elections described in section 15 must reflect the geographic distribution of programs of the institution and provide for representation of program and education support areas at the institution as determined by the registrar after consulting with the chief officers of the representative groups and the president.

Chair of the education council

18   The chair of the education council must be elected each year by and from the voting members of the education council.

Powers of board

19   (1) Subject to this Act, a board may do the following:

(a) make bylaws for the orderly conduct of its affairs;

(b) manage, administer and control the property, revenue, expenditures, business and affairs of the institution;

(b.1) regulate, prohibit and impose requirements in relation to the use of real property, buildings, structures and personal property of the institution, including in respect of

(i) activities and events,

(ii) vehicle traffic and parking, including bicycles and other conveyances, and

(iii) pedestrian traffic;

(b.2) regulate, prohibit and impose requirements in relation to noise on or in real property, buildings and structures of the institution;

(b.3) for the purposes of paragraphs (b.1) and (b.2), provide for the removal, immobilization or impounding, and recovery, of any property associated with a contravention of a bylaw or other instrument made in the exercise of a power under this section;

(b.4) set, determine and collect fees for the purposes of paragraphs (b.1) to (b.3), including in relation to approvals, permits, security, storage and administration, and expenses related to any of these;

(b.5) regulate, prohibit and impose requirements in relation to nuisance on or in real property, buildings and structures of the institution, including providing for remediation of a nuisance and recovery of the costs of remediation;

(c) establish committees it considers necessary and advisable;

(d) determine courses or programs to be offered or cancelled at the institution;

(e) manage and promote the educational or training programs offered at the institution, subject to sections 24 and 25;

(f) determine all questions relating to the qualifications for admission, subject to section 24;

(g) provide for the granting of diplomas, certificates and associate degrees and, subject to designation under section 5.1, baccalaureate degrees, applied baccalaureate degrees, applied masters degrees and honorary degrees to be awarded by the institution;

(h) establish and administer trust funds for scholarships, fellowships, exhibitions, bursaries, prizes and student loans out of money donated or made available for that purpose;

(h.1) impose and collect penalties, including fines, in relation to a contravention of a bylaw or other instrument made in the exercise of a power under this section;

(h.2) provide for the hearing and determination of disputes arising in relation to

(i) the contravention of a bylaw or other instrument made in the exercise of a power under this section, and

(ii) the imposition of a penalty under paragraph (h.1);

(i) perform other functions consistent with this Act that the board considers advisable for the proper administration and advancement of the institution.

(2) If there is a conflict between subsection (1) (d) and an agreement entered into by a board on or after July 7, 1983, subsection (1) (d) prevails.

(3) [Repealed 2004-33-4.]

(3.1) Without limiting subsection (1) (b), the board may collect fees on behalf of a student organization and remit those fees to the student organization.

(3.2) Without limiting subsection (1) (b), the board may, in accordance with section 21 (1.1),

(a) impose fees on and collect fees from students who are not members of a student society, and

(b) remit those fees to the student society.

(4) The board may pay to a municipality incorporated under an Act a grant in a year not exceeding the lesser of

(a) the amount that would be payable as general municipal taxes in the year on property of the institution within the municipality if the property were not exempt from these taxes, and

(b) the amount specified by the minister or calculated in the manner specified by the minister.

(5) The board must act as follows:

(a) at the request of the minister, prepare and submit budgets, financial statements, reports and other information that the minister considers necessary to carry out the minister's responsibilities in relation to institutions;

(b) provide for the conservation of any heritage property that is owned by, assigned to or in the possession of the institution;

(c) make bylaws establishing the following:

(i) fees and charges to be paid to the institution by students;

(ii) duties of members of the board or committees of the board in conflict of interest situations;

(iii) powers, duties and benefits of the president as chief executive officer of the institution;

(iv) reimbursement by the institution to members of its board for travelling and out of pocket expenses necessarily incurred by them in the discharge of their duties.

(5.1) to (5.3) [Repealed 2004-33-4.]

(6) Information requested under subsection (5) (a) may include personal information about a student.

(7) Personal information obtained under subsection (5) (a) or under section 170.2 of the School Act may not be used to make a decision respecting an individual student.

(8) For the purposes of subsections (6) and (7), "student" has the same meaning as in section 41.1.

(9) Subject to a requirement in this Act that the board act by enacting a bylaw, the board may act by bylaw or resolution.

(10) The board must hold a minimum of 4 meetings each year and the intervals between meetings should be approximately equal.

Repealed

20   [Repealed 2002-25-7.]

Student society fees and equivalent fees

21   (1) Subject to subsection (2), on annual notice from a student society, the board must direct the institution to collect student society fees from members of the student society and remit them to the student society if

(a) the institution collected fees on behalf of the student society between June 1, 1998 and June 1, 1999, or

(b) the student society has been designated by regulation and the amount of the student society fees has been approved by a majority of the members of the student society who voted in a referendum of that student society.

(1.1) If student society fees to be collected under subsection (1) include a capital fee or a program or service fee, the board must

(a) impose on students who are not members of the student society a fee in an amount equal to an amount of the capital fee or the program or service fee that those students would have had to pay if they had been members of the student society, and

(b) direct the institution to collect the fee and remit that fee to the student society.

(2) Subject to subsection (2.1), if a student society referred to in subsection (1) (a) or (b) changes student society fees, the new amount or the rate of change must be approved, before a notice is issued under subsection (1), by a majority of the members of the student society who vote in a referendum of that student society.

(2.1) If a student society changes student society fees that include a capital fee or a program or service fee, the new amount of or rate of change in the capital fee or the program or service fee must be approved, before a notice is issued under subsection (1), by a majority of those who vote in a referendum in which the following may vote:

(a) the members of the student society;

(b) the students who are not members of the student society if those students would have been entitled to vote in the referendum if they had been members of the student society.

(2.2) For the purposes of a referendum under subsection (2.1),

(a) a student society must include in the referendum students who are not members of the student society if those students would have been entitled to vote in the referendum if they had been members of the student society, and

(b) the bylaws and policies of the student society in relation to a referendum apply to students described in paragraph (a).

(2.3) For the purposes of a referendum under subsection (2.1),

(a) the registrar must provide the student society with information, including personal information, about the students who are not members of the student society to enable the student society to include those students in the referendum as required under this section, and

(b) the student society may collect the information, including the personal information, from the registrar and only use that information to include those students in the referendum as required under this section.

(3) On annual notice from a student society, the board must direct the institution to collect fees on behalf of a provincial or national student organization and remit them to the student society or directly to the provincial or national student organization, as may be agreed by the board and the student society, if

(a) the institution collected fees on behalf of the provincial or national student organization between June 1, 1998 and June 1, 1999, or

(b) the student society has held a referendum and the majority of the members of the student society voting in that referendum voted in favour of joining the provincial or national student organization.

(4) The board may direct that the institution cease to collect or remit student society fees, or fees collected under subsection (1.1), to a student society if one of the following applies:

(a) the student society fails to do one of the following in a timely manner:

(i) make available to its members annual audited financial statements and a report on those financial statements by an auditor who meets the requirements of section 112 of the Societies Act;

(ii) inform the board in writing that the requirements set out in subparagraph (i) have been met;

(b) the student society is dissolved under section 126, 164, 214 or 215 of the Societies Act.

Advisory committee

22   A board may

(a) determine the number of members on a committee,

(b) establish the terms of reference of and the procedures governing its committees, and

(c) enter into an agreement with a person, including, with the prior written approval of the minister, the government of Canada or of a province, to establish an employer based post secondary education or training course of instruction.

Advisory role of the education council

23   (1) An education council must advise the board, and the board must seek advice from the education council, on the development of educational policy for the following matters:

(a) the mission statement and the educational goals, objectives, strategies and priorities of the institution;

(b) proposals about implementation of courses or programs leading to certificates, diplomas or degrees, including the length of or hours for courses or programs;

(c) reports after implementation by the institution without prior review by the education council of

(i) new non-credit programs, or

(ii) programs offered under service contract;

(d) priorities for implementation of new programs and courses leading to certificates, diplomas or degrees;

(e) cancellation of programs or courses offered by the institution or changes in the length of or hours for courses or programs offered by the institution;

(f) evaluation of programs and educational services;

(g) policies concerning library and resource centres;

(h) setting of the academic schedule;

(i) policies on faculty member qualifications;

(j) adjudication procedure for appealable matters of student discipline;

(k) terms for affiliation with other post secondary bodies;

(l) consultation with community and program advisory groups concerning the institution's educational programs;

(m) qualifications for admission policies;

(n) criteria for awarding certificates, diplomas and degrees;

(o) other matters specified by the board.

(2) Advice given under subsection (1) must not conflict with policy or directives established under section 2 (1) (a).

(3) The board must request advice on a matter under subsection (1) by giving the education council, at least 10 working days before the board will deal with the matter, the following:

(a) the agenda items concerning the matter for the meeting of the board at which the matter will be discussed;

(b) the date by which a statement setting out the advice of the education council must be given to the chair of the board.

(4) Despite subsection (3), if the board must deal with a matter under subsection (1) and there are substantial reasons why 10 working days' notice under subsection (3) cannot be given, the board must advise the education council, as soon as practicable, concerning

(a) the matter,

(b) the reason why notice could not be given under subsection (3), and

(c) the decision taken on the matter.

Powers of the education council

24   (1) An education council must make bylaws for the conduct of the business of the education council including bylaws specifying the duties of members of the education council in conflict of interest situations.

(2) Subject to the policy and directives established under section 2 (1) (a), the education council has the power and duty to do all of the following:

(a) set policies concerning examinations and evaluation of student performance;

(b) set policies concerning student withdrawal from courses, programs and the institution;

(c) set criteria for academic standing, academic standards and the grading system;

(d) set criteria for awards recognizing academic excellence;

(e) set policies and procedures for appeals by students on academic matters and establish a final appeal tribunal for these appeals;

(f) set curriculum content for courses leading to certificates, diplomas or degrees.

Joint approval

25   (1) To be implemented, decisions concerning the following matters must have joint approval:

(a) curriculum evaluation for determining whether

(i) courses or programs, or course credit, from another institution, university or other body are equivalent to courses or programs, or course credit, at the institution, or

(ii) courses or programs, or course credit, from one part of the institution are equivalent to courses or programs, or course credit, in another part of the institution;

(b) other responsibilities of the board that, on the initiative of the board, the board and the education council agree are subject to joint approval.

(2) Subsection (1) (a) does not include curriculum evaluation based on instructional methods.

(3) An agreement under subsection (1) (b) may be terminated by

(a) the board giving written notice of termination to the chair of the education council, or

(b) the education council giving written notice of termination to the chair of the board.

(4) Joint approval given under subsection (1) must not conflict with policy or directives established under section 2 (1) (a).

(5) If joint approval on a matter described in subsection (1) is not attained within 60 days of the board or education council requesting the other to consider its proposal, the board or education council may refer the matter to the minister, and the minister, or the person the minister designates for the purposes of this subsection, may make the decision the minister or person designated considers most appropriate.

Functions and duties of college or Provincial institute

26   Subject to this Act and the resources available to the board, an institution must do the following:

(a) establish and maintain courses of instruction;

(b) establish fellowships, scholarships, exhibitions, bursaries, prizes, awards and other aids to encourage proficiency in the subjects taught at the institution;

(c) provide a program of continuing education;

(d) generally promote the objects of the institution.

Perpetuities

27   The rule against perpetuities and other rules restricting the holding of land do not apply to land of an institution.

Exemption from expropriation

28   Land vested in an institution is not liable to be entered on, used or taken by a municipal or other corporation, or by the government or a person possessing the right of taking land compulsorily for any purpose, and no power to expropriate land enacted after May 16, 1980 extends to that property, unless the Act expressly applies to that land.

Execution of documents

29   Documents required to be in writing, and to which an institution is a party, are deemed to be properly executed by the institution if the corporate name is witnessed by the signatures of

(a) the chair of the board or other person authorized by the board, and

(b) an officer of the institution authorized by the board.

Investments

30   The board may invest for the benefit of the institution money belonging to it and available for investment only as permitted under the provisions of the Trustee Act respecting the investment of trust property by a trustee.

Limitation on expenditures

31   (1) In this section:

"expenditure" includes amortization, allowances for doubtful accounts and other non-cash expenses;

"revenue of the institution from other sources" does not include

(a) unrealized gains or losses on investments, or

(b) endowments received by the institution.

(1.1) An institution must not incur a liability or make an expenditure in a fiscal year beyond the amount unexpended of the grant made to the institution by the government and the estimated revenue of the institution from other sources up to the end of, and including, that fiscal year, unless an estimate of the liability or expenditure has first been approved by the Minister of Finance and the minister.

(2) [Repealed 1998-6-7.]

(3) Despite subsection (1), if the minister considers that an emergency exists, the minister may authorize an institution to make an expenditure not exceeding an amount the minister specifies to meet the emergency.

Money for expenditures

32   To cover a liability or expenditure approved under section 31 (1.1), the Minister of Finance may

(a) increase a grant for operating expenses, or

(b) direct the institution to include provision for the liability or expenditure in its budget for the next fiscal year.

Short term borrowing

33   (1) An institution may borrow money to meet the expenditures of the institution until the revenues of the current fiscal year become available.

(2) Money borrowed under subsection (1) together with accrued interest must be repaid out of current revenues and may be secured by promissory notes of the institution.

Borrowing for buildings or land

34   (1) An institution may, with the prior approval of the minister and the Minister of Finance, borrow money for the purpose of

(a) purchasing or otherwise acquiring land for the use of the institution, or

(b) erecting, repairing, adding to, furnishing or equipping a building or other structure for the use of the institution.

(2) An approval referred to in subsection (1) (b) must not be given unless the institution demonstrates to the minister's satisfaction that the loan will be repaid from sources other than the government.

(3) Section 31 does not apply to a borrowing described in subsection (1).

(4) [Repealed 1998-6-8.]

(5) The board may make an agreement that it considers necessary or advisable to borrow money under subsection (1) and may execute a security or other instrument it considers necessary or advisable to give effect to that agreement.

Repealed

35   [Repealed 1998-6-9.]

President and employees

36   (1) Each board may appoint a president as the chief executive officer to supervise and direct, subject to the bylaws, the instructional, administrative and other staff of the institution and exercise powers and perform duties assigned to the president by the board.

(2) Without limiting subsection (1), the president may

(a) [Repealed 2004-33-5.]

(b) authorize a person who is not a member of the instructional staff of the institution to give instruction at the institution in a course authorized by the board.

Suspension of staff members or students

37   (1) For just cause, the president of an institution may suspend a member of the instructional, administrative or other staff or an employee of the institution.

(2) For just cause, the president of an institution may suspend a student of the institution and deal summarily with a matter of student discipline.

(3) On exercise of a power of suspension under this section, the president must immediately report the action to the board with a statement of the reasons.

(4) A person suspended under this section has the right of appeal to the board.

Duties of the president

38   (1) The president must advise the board on all matters concerning the operation of the institution.

(2) Each year and at other times on the request of the board, the president must report to the board on the progress of the institution and make recommendations for the benefit and advancement of the institution.

Repealed

39   [Repealed 2004-33-6.]

Employees of institution

40   (1) The board or, if authorized by it, the president or a person the president designates, may, under the bylaws of the institution, appoint employees it considers necessary to carry on the business and operations of the institution and may define their duties and tenure, determine their remuneration and provide an organization to carry out the purposes of the institution.

(2) Subject to Part 5, if immediately before an appointment under subsection (1), an employee had been confirmed in the employee's employment under the Public Service Act, the employee must not suffer a reduction in salary merely because of the employee's appointment under subsection (1), and any benefits that the employee was entitled to as a public service employee continue to apply to the employee, subject to

(a) the terms of employment determined by an institution employing the employee, and

(b) the collective agreement in force between the institution and a trade union representing that employee.

(3) Until the institution provides similar benefits of equal or greater value to the employee, an employee referred to in subsection (2) is entitled

(a) to participate in the plan under the Public Service Benefit Plan Act, Part 2, and

(b) to receive benefits established for the employee under the Public Service Benefit Plan Act, Part 1, immediately before the employee's appointment under subsection (1).

(4) An employee referred to in subsection (2) who is appointed to an institution retains the employee's length of service seniority acquired in the public service for the purpose of determining the employee's length of service seniority in the institution.

(5) Subsections (2), (3) and (4) do not apply to BCIT.

Appointment of a public administrator

41   (1) The Lieutenant Governor in Council may appoint a public administrator to discharge the powers, duties and functions of a board and education council under this Act if the Lieutenant Governor in Council considers this necessary in the public interest.

(2) On the appointment of a public administrator, the members of the board and education council cease to hold office unless otherwise ordered by the Lieutenant Governor in Council.

(3) The Lieutenant Governor in Council may specify

(a) the powers, duties and responsibilities of a public administrator appointed under this section,

(b) the terms and conditions for management of the property and affairs of the institution during the transition period preceding the ending of the appointment of a public administrator, or

(c) how the institution will operate after the ending of the appointment of a public administrator.

Personal education numbers and information

41.1   (1) In this section:

"personal education number" means a unique identification number for a student obtained under section 170.2 of the School Act;

"student" includes a person applying to be enrolled in a course or program of studies at an institution.

(2) The board may require a student to provide the institution with

(a) the personal information that relates directly to and is necessary for an operating program or activity of the institution, and

(b) the personal information necessary to obtain a personal education number for the student.

(3) The board must submit the personal information collected under subsection (2) (b) to the minister responsible for the administration of the School Act to obtain a personal education number for the student.

(4) The board may use the personal education number obtained under subsection (3) for the following purposes:

(a) carrying out its responsibilities in respect of an operating program or activity of the institution;

(b) research and statistical analysis of personal information in the possession of the board;

(c) facilitating the provision of personal information under section 19 (5) (a).

(5) The minister must provide to the minister responsible for the administration of the School Act the personal information about a student that is in the possession of the minister if the minister responsible for the administration of the School Act requests that information and provides the minister with a valid personal education number for that student.

Definitions

42   In this Part:

"association" means an incorporated or unincorporated association of professional staff;

"dispute" means a difference or apprehended difference between an institution and an association about the negotiation of an agreement or the revision or renewal of an agreement;

"Labour Relations Board" means the Labour Relations Board under the Labour Relations Code;

"professional employee" means an employee of an institution who provides educational services to students and includes an employee who is a librarian or an administrator;

"professional staff" means professional employees but does not include persons designated by the minister as serving the institution in a managerial or confidential capacity.

Restriction on the application of this Part to BCIT

42.1   This Part, except sections 42.2, 44 and 48, does not apply to BCIT.

The Labour Relations Code applies to BCIT

42.2   The Labour Relations Code applies to BCIT, and the definitions of "employer" and "employee" in that Code apply to BCIT and its employees, respectively.

Application and exclusion of this Part

43   If there is a conflict between this Act and the Labour Relations Code, this Act applies.

Control on expenditure for benefits

44   (1) [Repealed 2003-48-8.]

(2) If an employee of an institution withholds services from the institution or an institution locks out its employee as a consequence of a dispute or other disagreement between the institution and employees of the institution,

(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.

(2.1) In subsection (2) (a), "value of the benefits" means the value of the benefits that the employee would receive for the period of the withdrawal of services or the lockout, if the employee had worked, less the costs

(a) necessarily incurred by the institution respecting that employee as a consequence of the withdrawal of services or lockout, and

(b) approved by the minister.

(3) [Repealed 2003-48-8.]

Application of Labour Relations Code

45   Subject to section 48, if Division 2 applies to an institution, the Labour Relations Code does not apply to

(a) the institution as employer of professional employees, and

(b) the professional employees of the institution.

Fair compensation method

46   The Lieutenant Governor in Council may, on the joint recommendation of the minister and an institution and its employees, determine the methods by which the institution and its employees are to consult together and establish the benefits applicable to the employees, recognizing

(a) the professional status of the professional employees and the resulting need for their participation in management of the institution, and in evaluation of and by their professional colleagues, and

(b) equivalent responsibilities, opportunities for professional advancement and benefits available in the institution and in the professional community.

Pension plan

47   (1) A pension plan must be provided under the Public Sector Pension Plans Act to employees of an institution.

(2) A pension plan for the benefit of employees of an institution must not be the subject of

(a) a collective agreement between the institution and a trade union representing employees of the institution, or

(b) an agreement between the institution and the association representing professional staff of the institution.

Collective agreements

48   (1) If a person employed in the public service is appointed as an employee of a Provincial institute, for that employee, the institution is bound by every collective agreement in force between the government and a trade union acting on behalf of that employee as if the institution were a party to the collective agreement.

(2) Either party may apply to the Labour Relations Board if

(a) a provision of the collective agreement is not applicable or is ineffective for any reason, and

(b) the institution and the trade union representing the employee, after negotiation, cannot agree on an amended provision.

(3) In addition to the powers of the Labour Relations Board set out in this Act and under section 35 of the Labour Relations Code, the Labour Relations Board, with due consideration for the nature of the services rendered by the institution, may determine a method by which a provision may be made applicable and effective and may order the collective agreement to be amended accordingly.

(4) A question or difference between an institution and an employee or a trade union representing employees

(a) about the interpretation or application of this section,

(b) about the interpretation or application of the collective agreement in force between the government and a trade union referred to in subsection (1), or

(c) arising by reason of subsection (1)

may be referred by the parties or any of them to the Labour Relations Board in accordance with the procedure set out in the Labour Relations Code and regulations under that Code.

(5) The Labour Relations Board may decide the question or difference referred to it under subsection (4)

(a) in any of the ways, and

(b) by applying any of the remedies

available for settlement of a question or difference under the Labour Relations Code, and that Code applies for the purpose.

(6) On Division 2 applying to professional employees, this section ceases to apply to them, but the institution must not reduce their benefits as a result.

(7) If there is a conflict between this section and the Labour Relations Code, this section applies.

Application of other Acts

49   (1) The Public Service Benefit Plan Act, Parts 1 and 2, applies to the employees of an institution.

(2) Despite this Act,

(a) the institution and a trade union representing employees of the institution may agree as part of their collective agreement to exclude employees covered by the collective agreement from the application of subsection (1), or

(b) the institution and the association representing professional staff of the institution may agree in writing to exclude professional staff of the institution from the application of subsection (1).

Institution is an agent of the government

50   (1) An institution is for all its purposes an agent of the government and its powers may be exercised only as an agent of the government.

(2) An institution may, in its own name, carry out its powers and duties under this Act and, with the consent of the minister, acquire and dispose of land or buildings.

(3) Despite subsection (2), an institution may lease, or enter into an agreement to lease, land or buildings for a term that ends on or before the end of the fiscal year in which the institution entered into the lease or agreement.

(4) If an institution disposes of land or buildings, it must not spend the proceeds of the disposition without the consent of the minister.

Application of the Business Corporations Act

51   The Business Corporations 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.

Fiscal agent of corporation

52   The Minister of Finance is the fiscal agent of an institution.

Fiscal year end

53   The fiscal year end of an institution is March 31.

Financial Information Act applies

54   The Financial Information Act applies to an institution.

Audit

55   Unless the Auditor General is appointed in accordance with the Auditor General Act as the auditor of an institution, the institution must appoint an auditor to audit the accounts of the institution at least once each year.

Minister of Finance

56   The Minister of Finance may designate a person to examine and report on the financial and accounting operations of an institution.

Report to minister

57   An institution must, as soon as possible, but within 90 days after the end of each fiscal year, submit its annual report to the minister in a form the minister requires.

Taxation

58   An institution, as agent of the government, is not liable to taxation, except to the extent the government is liable.

Boards and members of boards

59   (1) This section applies to a board and to the members of the board unless contrary provisions of this Act apply.

(2) A majority of the members of a board holding office constitute a quorum at meetings of the board.

(3) The affirmative votes of a majority present at a meeting at which a quorum is present are sufficient to pass a resolution of the board.

(4) A vacancy on a board does not impair the authority of the board to act.

(5) Subject to this Act, a board may pass resolutions it considers necessary or advisable for the management and conduct of the affairs of the board including, without limiting that power, resolutions for

(a) the establishment of an executive committee and the delegation to it of powers of the board, or

(b) the calling and holding of meetings of the board or an executive committee and the procedure to be followed at meetings.

(6) A resolution in writing signed by all members on a board is as effective as if it had been passed at a meeting of the board properly called and constituted.

(7) If a member of the board has not attended 3 consecutive regular meetings of the board, the member is no longer a member of the board unless excused by a resolution of the board.

(8) [Repealed 2018-36-1.]

Consultants, experts and specialists

60   Despite the Public Service Act, an institution may engage and retain persons it considers necessary as managers, consultants, experts or specialists and may set their remuneration.

Bonding Act

61   An institution may require a bond under the Bonding Act from those of its employees it designates.

Application of s. 22 of the Interpretation Act

62   Section 22 of the Interpretation Act applies to a person appointed under this Act.

Planning, evaluation and reports

63   An institution must plan for and evaluate its programs and operations on an ongoing basis and, on the request of the minister, must report on these matters in a form the minister directs.

Immunity from legal proceedings

64   (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a member of a board, or a person acting under the order or direction of a member of a board, because of anything done or omitted

(a) in the exercise or intended exercise of a power under this or any other enactment, or

(b) in the performance or intended performance of a duty under this or any other enactment.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted in bad faith.

Transfer of properties from government

65   (1) The Lieutenant Governor in Council may order that all or part of the interest of the government in properties or assets that, in the opinion of the Lieutenant Governor in Council, are necessary for or incidental to the provision of services under this Act by an institution be transferred or assigned to and vested in the institution at values determined by the Lieutenant Governor in Council, and the Lieutenant Governor in Council may order that the institution assume the liabilities and commitments of those properties and assets.

(2) An order under subsection (1) vests property or an asset in the institution despite a lack of compliance with an agreement or instrument requiring consent, leave or approval to or for a transfer or assignment of the property or asset, and the lack of compliance does not constitute a breach or default of the agreement or instrument.

Transfer of properties from school boards

66   (1) The Lieutenant Governor in Council may order that all or part of the interest of the board of a school district in properties or assets that, in the opinion of the Lieutenant Governor in Council, are necessary for or incidental to the provision of services under this Act by an institution be transferred or assigned to and vested in the institution at values determined by the Lieutenant Governor in Council, and may order that the institution assume the liabilities and commitments of those properties and assets.

(2) If local taxation in a school district was used to acquire a property or asset referred to in subsection (1) and that property or asset is, at the time of transfer or assignment to and vesting in an institution under subsection (1), being used for purposes substantially different than those for which the property or asset was originally acquired by the board of the school district, the Lieutenant Governor in Council may grant compensation to the board of the school district in an amount the Lieutenant Governor in Council considers appropriate.

Offence Act does not apply

66.1   Section 5 of the Offence Act does not apply to this Act or a regulation made under it.

Continuation

67   (1) Unless inconsistent with this Act, or rules, regulations or bylaws under this Act, the rules, regulations and bylaws of a body established or continued under an enactment repealed by this Act, in force immediately before the commencement of this Act, continue in force until amended or repealed under this Act.

(2) A lease made or continued under an enactment repealed by this Act, in force immediately before the commencement of this Act, remains in force until terminated by its terms or by law.

(3) All donations, devises or bequests to, or for the benefit of, an institution, whether made before or after the commencement of this Act, not made to named trustees, vest in the institution.

Power to make regulations

68   (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations

(a) for the purposes of the definition of "capital fee" in section 1, including, without limitation,

(i) prescribing types of fees, or what constitutes a fee, in relation to buildings and facilities, including fees for the operation and maintenance of buildings and facilities,

(ii) prescribing criteria for when a fee is included or excluded from a capital fee, and

(iii) prescribing circumstances in which a fee is included or excluded from a capital fee,

(b) for the purposes of the definition of "program or service fee" in section 1,

(i) prescribing fees to support the activities and operations of a student society, including, without limitation, association fees and membership fees, and

(ii) prescribing a program or a service, or types of programs or services, that a student society provides or intends to provide, and

(c) for the purposes of section 21 (1) (b).

(3) In making a regulation under subsection (2) (a) or (b), the Lieutenant Governor in Council may

(a) establish different classes of institutions, circumstances, things or other matters, and

(b) make different provisions, including exceptions, for those classes.