| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada | Licence Disclaimer |
| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to May 14, 2001]
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;
"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;
"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, university college or Provincial institute;
"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 Industry Training and Apprenticeship Act;
"president" means the chief executive officer of the institution;
"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 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;
"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,
(d) the open university continued under the Open Learning Agency Act,
(d.1) the Technical University of British Columbia established under the Technical University of British Columbia Act,
(e) the University of Northern British Columbia continued under the University of Northern British Columbia Act, or
(f) Royal Roads University continued under the Royal Roads University Act;
"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.
2 (1) The minister must do the following:
(a) establish, in consultation with the boards, 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) coordinate continuing education programs;
(e) require institutions to submit to the minister annual budget proposals in a form satisfactory to the minister.
(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.
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 or baccalaureate 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.
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.
Part 3 – Colleges, University Colleges and Provincial Institutes
5 (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, and
(h) an honorary degree that a university college or Provincial institute may grant and the name for the honorary degree.
(2) On designation under this section, an institution is a corporation consisting of the members appointed to its board under section 9.
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,
(b) post secondary education or training,
(b.1) adult basic education, and
(c) continuing education.
7 The objects of a university college are to provide comprehensive
(a) courses of study for a baccalaureate degree program,
(b) post secondary education or training,
(b.1) adult basic education, and
(c) continuing education.
8 The objects of a Provincial institute are to provide instruction and perform other functions designated by the minister under section 2 (2).
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.
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.
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.
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.
13 Each member of a board, except the president and chair of the education council, has one vote on the board.
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.
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.
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.
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.
18 The chair of the education council must be elected each year by and from the voting members of the education council.
Part 4 – The Powers and Duties of Boards and Education Councils
19 (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, but the bylaws do not come into force until approved in writing by the minister;
(e) subject to section 2 (1) (a), determine courses or programs to be offered or cancelled at the institution.
(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.
(3) Subject to this Act, the board must manage, administer and control the property, revenue, expenditure, business and other affairs of the institution.
(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.
(4) The board may pay to a municipality incorporated by or 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) 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 state-ments, 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.
(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.
(6) The board must hold regular meetings at intervals of not more than 3 months.
(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.
20 Bylaws submitted to the minister under section 19 (1) (d) must be accompanied by a statement by the board specifying the measures it has taken to ascertain the opinions of students, faculty members and educational administrators of the institution about the bylaws or amendments made.
21 (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
(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.
(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.
(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 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 42 of the Society Act;
(ii) inform the board in writing that the requirements set out in subparagraph (i) have been met;
(b) the student society is struck off the register in accordance with section 71 of the Society Act.
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.
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.
24 (1) An education council must make bylaws, with the prior approval of the minister, 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.
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) by 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.
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.
27 The rule against perpetuities and other rules restricting the holding of land do not apply to land of an institution.
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.
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.
30 (1) The board may invest for the benefit of the institution money belonging to it and available for investment only in securities in which trustees may by law invest trust funds and in other securities authorized by the Lieutenant Governor in Council.
(2) Nothing in this section precludes the institution from holding a security donated to it or from carrying out the terms of a deed of trust respecting a security.
31 (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.
(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.
32 To cover a liability or expenditure approved under section 31 (1), the Minister of Finance and Corporate Relations 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.
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.
34 (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
(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.
35 [Repealed 1998-6-9.]
36 (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.
(2) Without limiting subsection (1), the president may
(a) recommend to the board appointments, promotions and removal of members of the instructional, administrative and other staff, and
(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.
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.
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.
39 (1) Each board must appoint a bursar to exercise powers and perform duties assigned to the bursar by the board.
(2) The bursar must advise the board on all financial matters of the institution.
(3) Unless the board, by resolution, directs that the bursar be excluded from its meeting, the bursar or the bursar's designate must attend all meetings of the board.
40 (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.
(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 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.
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.
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) (d).
(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.
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.
43 If there is a conflict between this Act and the Labour Relations Code, this Act applies.
44 (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.
(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 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).
(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.
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.
division 2 – The 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.
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.
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.
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).
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 and the Minister of Finance and Corporate Relations, 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.
51 The Company Act does not apply to an institution, but the Lieutenant Governor in Council may declare that all or part of that Act applies to an institution.
52 The Minister of Finance and Corporate Relations is the fiscal agent of an institution.
53 The fiscal year end of an institution is March 31.
54 The Financial Information Act applies to an institution.
55 At least once in every year, the accounts and financial transactions of an institution must be audited and reported on by an auditor appointed by the institution.
56 The Minister of Finance and Corporate Relations may designate a person to examine and report on the financial and accounting operations of an institution.
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.
58 An institution, as agent of the government, is not liable to taxation, except to the extent the government is liable.
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.
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.
61 An institution may require a bond under the Bonding Act from those of its employees it designates.
62 Section 22 of the Interpretation Act applies to a person appointed under this Act.
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.
64 A member of a board or a person acting under this Act is not personally liable for a loss or damage suffered by a person because of anything done or omitted to be done in good faith in the exercise of a power given by this Act.
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.
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.
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.
68 The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act, including regulations for the purposes of section 21 (1) (b) of this Act.
Copyright (c) 2001: Queen's Printer, Victoria, British Columbia, Canada