Section 1 definition of "post secondary education or training" BEFORE amended by 2003-34-17, effective January 2, 2004 (BC Reg 323/2003).

"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 Industry Training and Apprenticeship Act;

  Section 1 definition of "BCIT" was added by 2004-33-1(a), effective June 11, 2004 (BC Reg 252/2004).

  Section 1 definition of "institution" BEFORE amended by 2004-33-1(b), effective June 11, 2004 (BC Reg 252/2004).

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

  Section 1 definition of "university", paragraph (c.1) was added by 2005-17-13, effective March 31, 2005 (BC Reg 201/2005).

  Section 1 definition of "institution" BEFORE amended by 2008-24-17(a), effective September 1, 2008 (BC Reg 220/2008).

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

  Section 1 definition of "university", paragraph (g) was added by 2008-24-17(b), effective September 1, 2008 (BC Reg 220/2008).

  Section 1 definitions of "university college" and "university college region" BEFORE repealed by 2008-24-17(c), effective September 1, 2008 (BC Reg 220/2008).

"university college" means a university college designated under section 5 (1);

"university college region" means a university college region designated under section 5 (1) for a university college.

  Section 1 definition of "university", paragraph (d) BEFORE repealed by 2012-7-16, effective November 23, 2012 (BC Reg 327/2012).

(d) the open university continued under the Open Learning Agency Act,

  Section 1 definition of "university", paragraph (e) BEFORE amended by 2015-42-2, effective November 17, 2015 (Royal Assent).

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

  Section 1 definition of "student society" BEFORE amended by 2015-18-292, effective November 28, 2016 (BC Reg 216/2015).

"student society" means an organization incorporated as a society under the Society Act whose purpose is to represent the interests of the general student body, but does not include a provincial or national student organization;

  Section 1 definitions of "capital fee" and "program or service fee" were added by 2016-42-1, effective December 19, 2016 (BC Reg 320/2016).

  Section 1 definition of "post secondary education or training" BEFORE amended by 2022-4-61, effective December 1, 2022 (BC Reg 252/2022).

"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 Industry Training Authority Act;

  Section 2 (1) (a), (d) and (e) BEFORE amended by 2003-48-2, effective March 12, 2004 (BC Reg 88/2004).

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

(d) coordinate continuing education programs;

(e) require institutions to submit to the minister annual budget proposals in a form satisfactory to the minister.

  Section 3 (d) (ii) BEFORE amended by 2003-48-3, effective March 12, 2004 (BC Reg 88/2004).

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

  Part 3 heading BEFORE re-enacted by 2008-24-18, effective September 1, 2008 (BC Reg 220/2008).

Part 3 — Colleges, University Colleges and Provincial Institutes

  Section 5 (1) (b.1) and (g.1) was added by 2002-24-10, effective May 16, 2003 (BC Reg 199/2003).

  Section 5 (1) BEFORE amended by 2003-48-4, effective March 12, 2004 (BC Reg 88/2004).

(1)  The Lieutenant Governor in Council may designate

(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 baccalaureate degree that a university college may grant and the name for the baccalaureate degree,

(f) a Provincial institute,

(g) a baccalaureate degree that a Provincial institute may grant and the name for the baccalaureate degree,

(g.1) an applied masters degree that a university college or Provincial institute may grant and the name for the applied masters degree, and

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

  Section 5 (1) (c) and (d) BEFORE repealed by 2008-24-19, effective September 1, 2008 (BC Reg 220/2008).

(c) a university college;

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

  Section 5.1 was enacted by 2003-48-5, effective March 12, 2004 (BC Reg 88/2004).

  Section 5.1 (f) was added by 2004-33-2, effective June 11, 2004 (BC Reg 252/2004).

  Section 5.1 (b) BEFORE repealed by 2008-24-20(a), effective September 1, 2008 (BC Reg 220/2008).

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

  Section 5.1 (d) and (e) BEFORE amended by 2008-24-20(b), effective September 1, 2008 (BC Reg 220/2008).

(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;

  Section 5.2 was enacted by 2004-33-3, effective June 11, 2004 (BC Reg 252/2004).

  Section 6 (a.1) was added by 2002-24-11, effective May 16, 2003 (BC Reg 199/2003).

  Section 7 (a.1) was added by 2002-24-12, effective May 16, 2003 (BC Reg 199/2003).

  Section 7 BEFORE repealed by 2008-24-19, effective September 1, 2008 (BC Reg 220/2008).

  Section 8.1 was enacted by 2004-33-3, effective June 11, 2004 (BC Reg 252/2004).

  Section 8.2 was enacted by 2012-7-17, effective March 29, 2012 (Royal Assent).

  Section 9.1 was enacted by 2012-7-18, effective November 23, 2012 (BC Reg 327/2012).

  Section 11 (3) was added by 2012-7-19, effective March 29, 2012 (Royal Assent).

  Section 19 (1) (d) BEFORE amended by 2002-25-6(a), effective March 31, 2002 [retro from May 9, 2002 (Royal Assent)].

(d) make bylaws for the orderly conduct of its affairs, but the bylaws do not come into force until approved in writing by the minister;

  Section 19 (7) BEFORE repealed by 2002-25-6(b), effective March 31, 2002 [retro from May 9, 2002 (Royal Assent)].

(7)  At the conclusion of a meeting, the board must forward a copy of the resolutions and bylaws passed at the meeting to the minister.

  Section 19 (1) BEFORE amended by 2004-33-4(a), effective June 11, 2004 (BC Reg 252/2004).

(1)  A board must do the following:

(a) manage, administer and direct the affairs of the institution, subject to Part 2 and this Part;

(b) establish committees it considers necessary and advisable;

(c) [Repealed 1999-8-2.]

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

(e) subject to section 2 (1) (a), determine courses or programs to be offered or cancelled at the institution.

  Section 19 (2) BEFORE amended by 2004-33-4(b), effective June 11, 2004 (BC Reg 252/2004).

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

  Section 19 (3) BEFORE repealed by 2004-33-4(c), effective June 11, 2004 (BC Reg 252/2004).

(3)  Subject to this Act, the board must manage, administer and control the property, revenue, expenditure, business and other affairs of the institution.

  Section 19 (3.1) BEFORE amended by 2004-33-4(d), effective June 11, 2004 (BC Reg 252/2004).

(3.1)  Without limiting subsection (3), the board has the power to collect fees on behalf of a student organization and remit those fees to the student organization.

  Section 19 (5) BEFORE amended by 2004-33-4(e), effective June 11, 2004 (BC Reg 252/2004).

(5)  Without limiting subsection (3), the board has the power and duty to do the following:

(a) administer funds, grants, fees, endowments and other assets of the institution;

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

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

(d) 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;

(e) make bylaws under subsection (1) (d) about the

(i)  duties of members of the board or committees of the board in conflict of interest situations,

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

(iii)  fees and charges to be paid to the institution by students, and

(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;

(f) approve diplomas, certificates, associate degrees and baccalaureate degrees to be awarded by the institution on completion of instruction by a student;

(g) approve honorary degrees to be awarded by the institution;

(h) accept and disburse grants, gifts and bequests to the institution and payments for services and research;

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

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

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

  Section 19 (5.1) to (5.3) BEFORE repealed by 2004-33-4(e), effective June 11, 2004 (BC Reg 252/2004).

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

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

(5.3)  For the purposes of subsections (5.1) and (5.2), "student" has the same meaning as in section 41.1.

  Section 19 (6) BEFORE amended by 2004-33-4(e), effective June 11, 2004 (BC Reg 252/2004).

(6)  The board must hold regular meetings at intervals of not more than 3 months.

  Section 19 (7) BEFORE amended by 2004-33-4(e), effective June 11, 2004 (BC Reg 252/2004).

(7)  [Repealed 2002-25-6.]

  Section 19 (8) to (10) were added by 2004-33-4(e), effective June 11, 2004 (BC Reg 252/2004).

  Section 19 (4) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

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

  Section 19 (1) (b.1) to (b.5) and (h.1) and (h.2) were added by 2009-22-7, effective October 29, 2009 (Royal Assent).

  Section 19 (3.2) was added by 2016-42-3, effective December 19, 2016 (BC Reg 320/2016).

  Section 20 BEFORE repealed by 2002-25-7, effective March 31, 2002 [retro from May 9, 2002 (Royal Assent)].

  Section 21 (4) (a) (i) BEFORE amended by 2015-18-293, effective November 28, 2016 (BC Reg 216/2015).

(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 42 of the Society Act;

  Section 21 (4) (b) BEFORE amended by 2015-18-293, effective November 28, 2016 (BC Reg 216/2015).

(b) the student society is struck off the register in accordance with section 71 of the Society Act.

  Section 21 (1) (part), (2) and (4) (part) BEFORE amended by 2016-42-4, effective December 19, 2016 (BC Reg 320/2016).

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

(2) 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.

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

  Section 21 (1.1) and (2.1) to (2.3) were added by 2016-42-4, effective December 19, 2016 (BC Reg 320/2016).

  Section 24 (1) BEFORE amended by 2002-25-8, effective May 9, 2002 (Royal Assent).

  Section 25 (3) (b) BEFORE amended by BC Reg 333/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 333/2006).

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

  Section 30 BEFORE amended by 2002-33-3, effective February 28, 2003 (BC Reg 34/2003).

  Section 31 (1) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).

(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 Corporate Relations and the minister.

  Section 31 (1) renumbered to (1.1) by 2010-2-10(a), effective March 31, 2010 (Royal Assent).

  Section 31 (1) was added (after original (1) renumbered to (1.1) as per above) by 2010-2-10(b), effective March 31, 2010 (Royal Assent).

  Section 32 BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).

  Section 32 BEFORE amended by 2010-2-11, effective March 31, 2010 (Royal Assent).

  Section 34 (1) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).

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

  Section 36 (1) BEFORE amended by 2004-33-5(a), effective June 11, 2004 (BC Reg 252/2004).

(1)  Each board must appoint a president who is the chief executive officer and who must, under the direction of the board, supervise and direct the instructional, administrative and other staff of the institution and exercise powers and perform duties assigned to him or her by the board.

  Section 36 (2) (a) BEFORE repealed by 2004-33-5(b), effective June 11, 2004 (BC Reg 252/2004).

(a) recommend to the board appointments, promotions and removal of members of the instructional, administrative and other staff, and

  Section 39 BEFORE repealed by 2004-33-6, effective June 11, 2004 (BC Reg 252/2004).

  Section 40 (5) was added by 2004-33-7, effective June 11, 2004 (BC Reg 252/2004).

  Section 40 (1), (2) and (4) BEFORE amended by 2023-10-62, effective March 30, 2023 (Royal Assent).

(1) The board or, if authorized by it, the president or a person he or she 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 his or her employment under the Public Service Act, the employee must not suffer a reduction in salary merely because of his or her 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.

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

  Section 41.1 (4) (c) was added by 2004-33-8, effective June 11, 2004 (BC Reg 252/2004).

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

  Section 42.1 was enacted by 2004-33-9, effective June 11, 2004 (BC Reg 252/2004).

  Section 42.2 was enacted by 2004-33-9, effective June 11, 2004 (BC Reg 252/2004).

  Section 44 (1) and (3) BEFORE repealed by 2003-48-8(a), effective March 12, 2004 (BC Reg 88/2004).

(1)  An institution must not provide benefits to employees in a fiscal year to a total value that exceeds the sum of

(a) the amounts for the fiscal year allocated to it by the minister, and

(b) the revenue available to the institution for the fiscal year.

(3)  A term in an agreement requiring an institution to provide benefits to employees in excess of those allowed under this section has no effect.

  Section 44 (2) (a) and (b) BEFORE amended by 2003-48-8(b), effective March 12, 2004 (BC Reg 88/2004).

(a) the total of amounts referred to in subsection (1) (a) is reduced by 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, and

(b) the institution is liable and must pay to the government the surplus in the total referred to in paragraph (a) received by the institution contrary to paragraph (a).

  Section 44 (2.1) was added by 2004-33-10, effective June 11, 2004 (BC Reg 252/2004).

  Section 50 (2) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).

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

  Section 50 (2) BEFORE amended by 2018-23-1, effective May 31, 2018 (RA).

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

  Section 51 BEFORE re-enacted by 2003-48-9, effective March 12, 2004 (BC Reg 88/2004).

  Section 51 BEFORE re-enacted by 2004-23-3, effective March 29, 2004 [retro from April 29, 2004 (Royal Assent).]

  Section 52 BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).

  Section 55 BEFORE re-enacted by 2012-12-111, effective May 14, 2012 (Royal Assent).

  Section 56 BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).

  Section 59 (8) BEFORE repealed by 2018-36-1, effective October 31, 2018 (Royal Assent).

(8) A person is not eligible to be or to remain a member of the board if the person is

(a) an employee of the institution, and

(b) a voting member of the executive body of, or an officer of, an instructional, administrative or other staff association of the institution who has the responsibility, or joint responsibility with others, to

(i) negotiate with the board, on behalf of the instructional, administrative or other staff association of that institution, the terms and conditions of service of members of that association, or

(ii) adjudicate disputes regarding members of the instructional, administrative or other staff association of that institution.

  Section 64 BEFORE re-enacted by 2016-23-9, effective May 19, 2017 [1 year after May 19, 2016 (Royal Assent)].

  Section 66.1 was enacted by 2009-22-8, effective October 29, 2009 (Royal Assent).